REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

18.7.2022 - (COM(2021)0557 – C9‑0329/2021 – 2021/0218(COD)) - ***I

Committee on Industry, Research and Energy
Rapporteur: Markus Pieper
Rapporteur for the opinion (*):
Nils Torvalds, Committee on the Environment, Public Health and Food Safety
(*) Associated committee – Rule 57 of the Rules of Procedure

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

(COM(2021)0557 – C9‑0329/2021 – 2021/0218(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0557),

– having regard to Article 294(2), Article 114 and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0329/2021),

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

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 9 December 2021[1],

 – having regard to the opinion of the Committee of the Regions of 28 April 2022[2],

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on Development, the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development,

– having regard to the report of the Committee on Industry, Research and Energy (A9-0208/2022),

1. Adopts its position at first reading hereinafter set out;

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

AMENDMENTS BY THE EUROPEAN PARLIAMENT[*]

to the Commission proposal

---------------------------------------------------------

2021/0218 (COD)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Directive (EU) 2018/2001 of the European Parliament and of the Council,  Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council  as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and 194(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee[3],

Having regard to the opinion of the Committee of the Regions[4],

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) The European Green Deal[5] establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a ▌reduction of at least 55% greenhouse gas emissions by 2030 as set out in Regulation (EU) 2021/119  (the European Climate Law),, requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system.

(1a) The energy transition affects Member States, regions, economic sectors and citizens differently and depending on their particular situation. It is therefore essential to ensure that the Green Deal is implemented in a way that promotes economic, social and territorial cohesion in the Union and that the energy transition is just and inclusive. In particular, it must be ensured that disruptions are avoided in critical sectors that meet basic needs of the economy and society, such as mobility.

(1b) Energy is an essential production factor that is in constant demand and vitally important in economic, social and environmental terms. All human activities, including transport, depend on sufficient and affordable energy being available when needed.

(1c) The General Union Environment Action Programme to 2030 (8th EAP) sets out thematic priority objectives for 2030 in the areas of climate change mitigation, adaptation to climate change, protecting and restoring biodiversity, a non-toxic circular economy, a zero pollution environment and minimising environmental pressures from production and consumption across all sectors of the economy and recognises that these objectives, which address both drivers and impacts of environmental damage, are inherently interlinked. The 8th EAP also has a long-term priority objective that by 2050 at the latest, people live well, within the planetary boundaries in a well-being economy where nothing is wasted, growth is regenerative, climate neutrality in the Union has been achieved and inequalities have been significantly reduced. A healthy environment underpins the well-being of all people and is an environment in which biodiversity is conserved, ecosystems thrive, and nature is protected and restored, leading to increased resilience to climate change, weather and climate-related disasters and other environmental risks.

(1d) The General Union Environment Action Programme to 2030 (‘8th EAP’), the framework for Union action in the field of the environment and climate, aims to accelerate the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way, and to protect, restore and improve the state of the environment by, inter alia, halting and reversing biodiversity loss. It supports and strengthens an integrated policy and implementation approach, building upon the European Green Deal. The 8th EAP recognises that achieving this transition will require systemic change which, according to the EEA, entails a fundamental, transformative and cross-cutting change that implies major shifts and reorientation in system goals, incentives, technologies, social practices and norms, as well as in knowledge systems and governance approaches.

(1e) Ensuring that legislative initiatives, programmes, investments, projects and their implementation are consistent with, contribute where relevant, and do no harm to any of the 8th EAP objectives is necessary for the objectives’ achievement. Furthermore, ensuring that social inequalities resulting from climate- and environmental-related impacts and policies are minimised and that measures taken to protect the environment and climate are carried out in a socially fair and inclusive way, as well as gender mainstreaming throughout climate and environmental policies, including by incorporating a gender perspective at all stages of the policy-making process, will be required to meet the objectives of the 8th EAP and, as such, are also laid down as enabling conditions in the 8th EAP.

(1f) The 2030 climate mitigation objective of the 8th EAP is swift and predictable reduction of greenhouse gas emissions and, at the same time, enhancement of removals by natural sinks in the Union to attain the 2030 greenhouse gas emission reduction target as laid down in Regulation (EU) 2021/1119, in line with the Union’s climate and environment objectives, whilst ensuring a just transition that leaves no one behind. To help achieve its objectives, the 8th EAP also lays down the enabling condition of phasing out of environmentally harmful subsidies, including through setting a deadline for the phasing out of fossil fuel subsidies consistent with the ambition of limiting global warming to 1,5°C as well as a binding Union framework to monitor and report on Member States’ progress towards phasing out fossil fuel subsidies, based on an agreed methodology.(1g)  This Directive aims to ensure that, as part of the EU´s energy policy, investments in renewable energy production are encouraged while upholding the energy sovereignty of each Member State.

(1h) The renewable energy directive is part of the ‘Fit for 55 package’, which will also have multiple effects on the Union, including on competitiveness, job creation, household purchasing power, the achievement of climate targets and on the magnitude of carbon leakage. As such, a comprehensive evaluation of the aggregated macroeconomic impact of the Regulations that make up the ‘Fit for 55 package’ should be carried out on a regular basis.

(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss, land, water and air pollution, as long as the use of the renewable energy sources themselves does not exacerbate those challenges. The low operating costs of renewable energy and the reduced exposure to price shocks compared to fossil fuels gives renewable energy a key role in tackling energy poverty.

(2a) With ever more countries committing to climate-neutrality by mid-century, both domestic and global demand for renewable technologies are projected to rise and offer significant opportunities for job creation, the expansion of a European renewables industrial base and continued European leadership in research and development of innovative renewable technologies, which in turn enhance the competitive advantage of European companies and the EU's energy independence from fossil fuel imports.(2b)  The share of gross final energy consumption from renewable sources in EU reached 22 % in 2020[6], 2 percentage points (pp) above the target for the share of renewable energy in gross final energy consumption for 2020, as set out in Directive 2009/28/EC on the promotion of the use of energy from renewable sources.

(2c) Renewable energy is a key enabler of sustainable development, contributing directly and indirectly to many Sustainable Development Goals (SDGs), including poverty alleviation, education, water and sanitation. Renewables also bring broad socio-economic benefits, creating new jobs and fostering local industries.

(2d) At international level, at the 2021 United Nations Climate Change Conference (COP 26) the Commission, together with global partners, committed to end direct support for the international unabated fossil fuel energy and to use these funds for the deployment of renewable energy.(2e)  At COP26, the Commission together with global leaders elevated the global ambition level for the preservation and recovery of global forests, and for an accelerated transition to zero emissions transportation.

(2f) Renewable energy production often takes place at local level and depends on regional SMEs; Member States should therefore fully involve local and regional authorities when setting targets and supporting policy measures.(2g)  Since around 35 million Europeans are affected by energy poverty[7], renewable energy policies have an important role to play in any strategy to tackle energy poverty and consumer vulnerability.(3)  Directive (EU) 2018/2001 of the European Parliament and of the Council[8] sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 45 % by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target[9]. Therefore, the target set out in Article 3 of that Directive needs to be increased.

(3a) In line with the Commission recommendation of 28 September 2021 entitled "On Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond", this Directive should take an integrated approach by promoting the most energy efficient renewable source for any given sector and application, as well as by promoting system efficiency, so that the least energy is required for different economic activities.

(3b) In line with the Commission Communication of 18 May 2022 entitled “REPowerEU Plan”, boosting the production of sustainable biomethane to at least 35 bcm by 2030 is a cost-efficient path to increase the share of renewable energy and diversify EU gas supply, thereby supporting security of supply and EU climate ambitions. The Commission should develop an EU strategy to address the regulatory barriers to scale biomethane production and integration in the EU internal gas market.

(3c) To support the cost-effective achievement of the renewable energy target and the electrification of end-use sectors, while empowering households and industries to play an active part in securing and decarbonising the EU energy system and rewarding them for that, Member States should ensure that the national regulatory framework enables the reduction of peak electricity demand through the activation of demand-side flexibility in all end-use sectors. To that end, Member States could introduce in their integrated energy and climate plans a minimum target for the reduction of peak electricity demand of at least 5 % by 2030, to increase system flexibility, in accordance with Article 4(d)(3) of Regulation (EU) 2018/1999.

(3d) One of the five cohesion policy objectives for the period 2021-2027 is that of a greener Europe by promoting investment in clean energy, the circular economy, climate change mitigation and sustainable transport. Cohesion policy funds should therefore target preventing any increase in disparities, helping those regions bearing the heaviest transition burden, encouraging investment in infrastructure, and training workers in new technologies to ensure no one is left behind.

(3e) The ERDF will have to support promoting energy efficiency and a reduction in greenhouse gas emissions; promote renewable energy; the development of smart energy systems and networks, and promote sustainable, multimodal, urban mobility, in the context of the transition towards a net zero carbon economy; the ESF+ has to contribute to improvements in education and training systems necessary for the adaptation of skills and qualifications, the upskilling of all, including the labour force, the creation of new jobs in sectors related to the environment, climate, energy, the circular economy and the bioeconomy (Article 4 of the ESF+ Regulation).

(3f) Renewable energy production has a strong local dimension. It is therefore important that the Member States fully involve local and regional authorities in the planning and implementation of national climate measures, provide direct access to funds and monitor the progress of the measures adopted. Where applicable, the Member States should incorporate local and regional contributions into national energy and climate plans.

(3g) Recognises the important role cohesion policy plays in contributing to helping island regions achieve climate neutrality goals, bearing in mind the additional costs connected to sectors such as energy and transport, as well as the impact of mobile technology on their energy systems, which require a level of investment for management of intermittent renewable energy sources that is, proportionately speaking, very high.

(3h) Points out that owing to their small size and isolated energy systems, the most remote island regions, just like the outermost regions, face a major challenge when it comes to energy supply as they generally rely on fossil fuel imports for electricity generation, transport and heating.

(3i) Considers that use of renewable energy, including tidal power, should be a priority and believes it could benefit islands substantially, bearing in mind the local communities' requirements, including preservation of the islands' traditional architecture and local habitat; calls, therefore, for support for the development of a wide range of renewable energy sources based on their geographical features; welcomes the green hydrogen programmes which islands have launched.

(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use[10], with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems, the protection of biodiversity as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council[11]. However, they should be able to grant support for the production of energy from stumps or roots in the case of waste or residues derived from the implementation of works carried out with the primary objective of nature conservation and landscape management, such as from roadsides. In any event, Member States should avoid promoting the use of quality roundwood for energy except in well-defined circumstances, for example wildfire prevention and salvage logging. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non-renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13[12] . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities, which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants, unless the installations are in regions with a specific use status as regards their transition away from fossil fuels, if they use carbon capture and storage or if the installations cannot be modified in a direction to cogeneration in exceptional justified cases upon approval by the Commission.

(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. Innovative technologies in connections with a dedicated target should be developed, as they could contribute towards the 2030 climate goals as well as the 2050 climate targets. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, energy storage, demand response and other flexibility mechanisms and help integrate large shares of variable renewable generation. Member States should therefore, in accordance with the energy efficiency first principle, ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand, including by coordinating import strategies at Union level, while also ensuring that demand flexibly adapts to renewable energy generation. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of flexible renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.

(5a) Innovative technologies, such as hybrid heat pumps, need to be developed and used within the criteria of Directive (EU) 2018/2001, as they can be used as a transition technology towards the 2030 climate goals as well as contributing to the achievement of the 2050 climate targets.

(5b) The future EU's economic governance framework should encourage Member States to implement the reforms necessary to accelerate the green transition, and enable investments in needed technologies.

(6) When calculating the share of renewables in a Member State, renewable fuels of non-biological origin should be counted in the sector where they are consumed (electricity, heating and cooling, or transport). Where renewable fuels of non-biological origin are consumed in a Member State different from the one where they have been produced, energy generated by the use of renewable fuels of non-biological origin should be accounted for 80 % of their volume in the country and sector where it is consumed and for 20 % of their volume in the country where it produced, unless agreed otherwise between the Member States concerned. Agreements between Member States can be in the form of a specific cooperation agreement made via the Union Renewable Development Platform (URDP). The Commission should be notified of any such agreements and make available information on them, including the exact volumes of supply and demand, the times of the transfer and the date by which the arrangement will become operational. For the subtargets, the renewable fuels of non-biological origin shall be accounted for 100 % of their volume in the country where they are consumed. To avoid double-counting, the renewable electricity used to produce these fuels should not be counted. This would result in a harmonisation of the accounting rules for these fuels throughout the Directive, regardless of whether they are counted for the overall renewable energy target or for any sub-target. It would also allow to count the real energy consumed, taking account of energy losses in the process to produce those fuels. Moreover, it would allow for the accounting of renewable fuels of non-biological origin imported into and consumed in the Union.

 

(6a) Since the charging current is sustainable only if it is produced from clean energy, life cycle analyses of electrified heat, transport and industrial products should always take into account the remaining fossil shares of the preceding electricity generation.(7)  Member States’ cooperation to promote renewable energy can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation has been very limited, thus leading to suboptimal results in terms of efficiency in increasing renewable energy. Member States should therefore be obliged to test cooperation through implementing ▌pilot projects by December 2025 and by 2030 a third project, for Member States with an annual electricity consumption of more than 100 TWh. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294[13] would meet this obligation for the Member States involved.

(7a) All fields of EU policies must orient its actions towards the newly established climate targets and achieve climate neutrality. This is the case for Cohesion Policy, which has, for over twenty years, contributed to decarbonising the economy, while providing examples and best practices that can be mirrored in other policy dimensions, such as the amending of this Directive. Cohesion policy not only offers investment opportunities to respond to local and regional needs through the European Structural and Investment (ESI) Funds, but also provides an integrated policy framework to reduce developmental disparities between the European regions and helps them address the multiple challenges to their development, including through environmental protection, high-quality employment and fair, inclusive and sustainable development.

(7b) Local and regional authorities play a crucial role in integrated and decentralised energy systems. The Commission should therefore help regional and local authorities to work across borders by helping them to set up cooperation mechanisms, including the European grouping of territorial cooperation (EGTC).

(7c) Cohesion policy ensures greater coherence and coordination between the cohesion policy and other EU legislative fields, improving the policy integration of climate aspects, designing more effective source-based policies, providing targeted EU funding and, consequently, improving the implementation of climate policies on the ground.

(7d) It is paramount to fully uphold multi-level governance and partnership principles in the transition to a climate-neutral economy, as local and regional authorities have direct competencies on the environment and climate change, implementing 90% of climate adaptation and 70% of climate mitigation actions. Furthermore, these authorities also develop actions that aim to promote climate-friendly behaviour among citizens, including those linked to waste management, smart mobility, sustainable housing and energy consumption.(8)  The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define, and allocate adequate space in their maritime spatial plan for, the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. Should there be a possible gap between the potential amount of offshore renewable energy resources of the Member States and the planned amount of offshore renewable energy, the Commission should take additional measures to reduce that gap. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, the technical and economic feasibility of the transmission grid infrastructure, environmental protection, biodiversity, climate adaptation and other uses of the sea, especially the activities that already take place in the affected areas and the possible harm to the environment, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio-economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea. Member States bordering a sea basin should use the maritime spatial planning process to ensure a strong public participation approach so that the views of all stakeholders and coastal communities are taken into account.

(8a) The conditions considered necessary for harnessing the potential of renewable energy in European seas and oceans, including those around the islands and outermost regions are varying. Therefore, the Union undertakes to establish alternative technologies capable of not impacting the marine environment adversely for these areas of particular interest.

(8b) The geographical diversity and alternative uses of the marine environment have to be taken into account in order for the renewable energy potential of all Europe's seas and oceans to be harnessed, and this calls for a far broader set of technological solutions. These solutions include floating offshore wind and solar farms, energy from waves, currents and tides, the differential in thermal or saline gradients, marine cooling, heating and geothermal energy and marine biomass (algae).

(8c) The installation of renewable energy projects on rural land and on agricultural land in general should be governed by the principles of proportionality, complementarity and compensation. Member States should ensure the orderly deployment of renewable projects in order to avoid the loss of agricultural land, and encourage the development and use of appropriate technologies that render renewable energy production compatible with agricultural and livestock production.

(9) The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time, these agreements provide the producer with the security of a certain income, whilst the user can benefit from a stable electricity price. The market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market. Besides renewable power purchase agreements, the Commission shall assess barriers to the roll-out of renewable heating and cooling purchase agreements, which will play an increasing role in reaching the EU's climate and renewables targets. The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing.

(10) Overly complex and excessively long administrative procedures constitute a major barrier for the deployment of renewable energy. Further streamlining of administrative and permitting procedures is needed to ease the administrative burden for both renewable energy projects and the related grid infrastructure projects. Within one year after the entry into force of this Directive, the Commission should revise guidelines on permit granting to shorten and simplify processes for new, repowering and the upgrade of renewable projects. Key performance indicators should be developed in the context of these guidelines.

(10a) Local and regional authorities are key actors when it comes to bringing Europe closer to achieving its energy and climate objectives. Energy production at the local level is crucial to foster renewable energy production, reduce external energy dependence and decrease energy poverty rates.

(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy, particularly in the local context, will be needed to meet the ambition set in the European Climate Law to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of indicative targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. It should be possible for Member States to count waste heat and cold towards the indicative target for renewable energy in buildings, up to a limit of 20 %, with an upper limit of 54 %. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings and comply with the energy efficiency first principle. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy on-site or nearby in buildings and encourage the development of ▌technologies which produce renewable energy and help their efficient integration in the energy system, while providing certainty for investors and local level engagement, as well as contributing to system efficiency. Emission trading schemes are designed to increase fossil energy costs and lead to market-driven energy saving investments or switching to renewable energy. Double burdens for consumers through emissions trading schemes and other targets required under Union law should be avoided.

(11a) Following the invasion of Ukraine by Russia, the case for a rapid energy transition has never been stronger and clearer. Russia provides more than 40% of the EU's total gas consumption, which is mostly used in the building sector, which is responsible for 40% of the EU’s total energy consumption. By accelerating the roll out of solar rooftops and heat pumps the EU could save significant amounts of fossil fuel imports. Frontloading such investments will further accelerate the reduction of EU dependence from external suppliers. According to REPowerEU, for 2022 alone an additional 2,5 bcm of gas could be saved by installing up to 15 TWh of rooftop solar PV systems, and an additional 12bcm by every 10 million heat pumps installed. At the same time this would be a major booster to local job markets, alone such an installation wave for solar roof tops could create up to 225.000 local jobs in the installation business[14].

(12) Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems and is a major barrier to integrating renewables in buildings, industry and agriculture. Member States should cooperate with social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality and effective upskilling and reskilling strategies and training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems and storage technologies, as well as electric vehicles charging points, should be made available and designed in a way to attract participation in such training programmes and certification systems. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question. The list of trained and certified installers should be made public to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and cooling.

(12a) Agricultural and horticultural businesses have space and roof area and they produce biomass. These are assets that allow them to play a key role in the energy transition of rural areas and within rural communities, especially given the decentralised production. The sector is a relatively small user of energy and can produce significantly more renewable energy than it needs. This is why the roll-out of energy sharing and energy communities should be further encouraged and supported.

(13) Guarantees of origin are a key tool for consumer information as well as for the further uptake of renewable power purchase agreements. In order to establish a coherent Union base for the use of guarantees of origin and to provide access to appropriate supporting evidence for persons concluding renewable power purchase agreements, all renewable energy producers should be able to receive a guarantee of origin without prejudice to Member States’ obligation to take into account the market value of the guarantees of origin if the energy producers receive financial support. The system of guarantees of origin provided for by Member States should be a harmonised system applicable throughout the Union. A more flexible energy system and growing consumer demands call for a more innovative, digital, technologically advanced and reliable tool to support and document the increasing production of renewable energy. In particular, innovative technologies can ensure a higher spatial and temporal granularity of guarantees of origin. To facilitate digital innovation in this field, Member States should introduce additional size granularity in their schemes for guarantees of origin.

(13a) In line with the Joint European Action for more affordable, secure and sustainable energy set out in the Commission communication of 8 March 2022, where relevant, Member States should assess the need to extend existing gas network infrastructure to facilitate the integration of gas from renewable sources and to reduce reliance on fossil fuels, in particular if that infrastructure contributes significantly to the interconnection between at least two Member States or between a Member State and a third country.

(14) Infrastructure development for district heating and cooling networks should be stepped up and steered towards harnessing a wider range of renewable heat and cold sources in an efficient and flexible way in order to increase the deployment of renewable energy and deepen energy system integration. It is therefore appropriate to update the list of renewable energy sources that district heating and cooling networks should increasingly accommodate and require the integration of thermal energy storage as a source of flexibility, greater energy efficiency and more cost-effective operation.

(14a) Member States’ actions to integrate intermittent renewable electricity in the grid, while ensuring grid stability and security of supply, can relate to the development of solutions such as storage facilities, demand-side management and grid-balancing power plants and high-efficient cogeneration plants that participate in grid-balancing in support of intermittent renewable electricity.

(15) With more than 30 million electric vehicles expected in the Union by 2030 it is necessary to ensure that they can fully contribute to the system integration of renewable electricity, and thus allow reaching higher shares of renewable electricity in a cost-optimal manner. The potential of electric vehicles to absorb renewable electricity at times when it is abundant and feed it back into a grid when there is scarcity has to be fully utilised, contributing to the system integration of variable renewable electricity while ensuring a secure and reliable supply of electricity. It is therefore necessary to introduce specific measures on electric vehicles and information about renewable energy and how and when to access it which complement those in Directive (EU) 2014/94 of the European Parliament and of the Council[15] and the [proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020].

(15a) The potential of grid-balancing power plants and cogeneration plants that participate in grid-balancing in support of intermittent renewable electricity, thus allowing the expansion of such renewable electricity, should be fully utilised.

(16) In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point should be provided under non-discriminatory terms, in full compliance with the relevant provisions of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)[16], and free of charge to the owners or users of the batteries and the entities acting on their behalf through explicit consent, such as building energy system managers, mobility service providers and other electricity market participants, such as electric vehicle users. It is therefore appropriate to introduce measures addressing the need of access to such data for facilitating the integration-related operations of domestic batteries and electric vehicles, smart heating and cooling systems, and other smart devices, complementing the provisions on access to battery data related to facilitating the repurposing of batteries in [the proposed Commission regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles.

(17) The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion and takes full advantage of the availability of renewable electricity and low electricity prices in the system. In situations where smart and bidirectional charging would assist further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general, such functionality should also be made available. In view of the long life span of recharging points, requirements for charging infrastructure should be kept updated in a way that would cater for future needs and would not result in negative lock-in effects to the development of technology and services.

(18) Electric vehicle users entering into contractual agreements with electromobility service providers and electricity market participants should have the right to receive information and explanations on how the terms of the agreement will affect the use of their vehicle and the state of health of its battery. Electromobility service providers and electricity market participants should explain clearly to electric vehicle users how they will be remunerated for the flexibility, balancing and storage services provided to the electricity system and market by the use of their electric vehicle.  Electric vehicle users also need to have their consumer rights secured when entering into such agreements, in particular regarding the protection of their personal data such as location and driving habits, in connection to the use of their vehicle. Electric vehicle users’ preference regarding the type of electricity purchased for use in their electric vehicle, as well as other preferences, can also be part of such agreements. For the above reasons, it is important to ensure that the charging infrastructure that is to be deployed is used most effectively. In order to improve consumer confidence in e-mobility, it is essential that electric vehicle users can use their subscription at multiple recharging points. This will also allow the electric vehicle user’s service provider of choice to optimally integrate the electric vehicle in the electricity system, through predictable planning and incentives based on the electric vehicle user preferences. This is also in line with the principles of a consumer-centric and prosumer-based energy system, and the right of supplier choice of electric vehicle users as final customers as per the provisions of Directive (EU) 2019/944.

(18a) Beyond domestic and electric vehicle batteries, a variety of other appliances such as smart heating and cooling devices, hot water tanks, thermal energy storage units and other smart devices have a significant demand response potential which should urgently be tapped to allow consumers to provide their flexibility to the energy system. It is therefore necessary to introduce measures enabling real-time access to data relevant for demand response to users, as well as to third parties acting on the owners’ and users’ behalf, such as electricity market participants, under non-discriminatory terms and free of charge, in full compliance with the relevant provisions of Regulation (EU) 2016/679.

(19) Accordingly, distributed and decentralised generation, demand response and storage assets, such as domestic batteries and batteries of electric vehicles, smart heating and cooling systems and other smart devices and thermal energy storage have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such devices and related services, the regulatory provisions concerning connection and operation of the decentralised generation and storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration renewable electricity, in comparison with larger, stationary storage assets. Member States should also provide a level playing-field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing a disproportionate administrative or regulatory burden.

(20)  Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart and bidirectional charging functionalities need to be ensured. Specific initiatives should be taken to increase the number of recharging points in rural and sparsely populated areas and to ensure adequate distribution in the most remote and mountainous areas. In this regard, the operation of non-publicly accessible normal charging infrastructure, for example through smart metering systems, is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons.

(21) Industry accounts for 25 % of the Union’s energy consumption, and is a major consumer of heating and cooling, which is currently supplied 91 % by fossil fuels. However, 50 % of heating and cooling demand is low-temperature (<200 °C) for which there are cost-effective renewable energy options, including through direct renewable electrification, industrial heat-pumps and geothermal solutions. In addition, industry uses non-renewable sources as raw materials to produce products such as steel or chemicals. Industrial investment decisions today will determine the future industrial processes and energy options that can be considered by industry, so it is important that those investments decisions are future-proof and avoid the creation of stranded assets. Therefore, benchmarks should be put in place to incentivise industry to switch to a renewables-based production processes that not only are fuelled by renewable energy, but also use renewable-based raw materials such as renewable hydrogen. ▌

(21a) Member States should promote the necessary spatial planning instruments that classify agricultural soils and identify soils of high agricultural value on the basis of their edaphological characteristics. In their policies for the development and promotion of renewable energies, Member States should ensure the purpose of these soils is preserved for agricultural and livestock use.

(22) In application of the energy efficiency first principle, renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industrial processes which are difficult to electrify and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in those industrial sectors should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.

(22a) As referred to in the EU Hydrogen Strategy, low-carbon fuels and low carbon hydrogen can play a role in the energy transition to reduce emissions of existing fuels. As low-carbon fuels and low-carbon hydrogen are not renewable fuels, the revision of Directive (EU) .../... [Directive gas and hydrogen] should define the complementary provisions on the role of low-carbon fuels and low-carbon hydrogen to achieve carbon neutrality by 2050.(22b)  Emission reduction and climate neutrality objectives should not come at the expense of biodiversity. According to the European Environmental Agency report on the “State of the Water” the Union’s rivers are in bad state with only 44% being in a good or high ecological state. In addition to chemical pollution, “energy-related pressures and hydropower installations” are the biggest threat to these important ecosystems. Moreover, European rivers are thought to be the most fragmented freshwater ecosystems in the world. Small hydropower plants in particular can jeopardise the goal of restoring 25.000 km free flowing rivers laid down in the Biodiversity Strategy. Hydropower’s effect on biodiversity has been considerable: since 1970, migratory freshwater fish species have declined by 93 percent.(23)  Increasing ambition in the heating and cooling sector is key to delivering the overall renewable energy target given that heating and cooling constitutes around half of the Union's energy consumption, covering a wide range of end uses and technologies in buildings, industry and district heating and cooling. To accelerate the increase of renewables in heating and cooling, an indicative annual 2.3 percentage point increase at Member State level should be established for all Member States. For those Member States, which already have renewable shares above 50 % in the heating and cooling sector, it should remain possible to only apply half of the binding annual increase rate and Member States with 60% or above may count any such share as fulfilling the average annual increase rate in accordance with points b) and c) of paragraph 2 of Article 23. Member States should carry out, with the involvement of local and regional authorities and in accordance with the energy efficiency first principle, an assessment of their potential of energy from renewable sources in the heating and cooling sector and of the use of waste heat and cold. In addition, Member State-specific top-ups should be set, redistributing the additional efforts to the desired level of renewables in 2030 among Member States based on GDP and cost-effectiveness. A longer list of different measures should also be included in Directive (EU) 2018/2001 to facilitate increasing the share of renewables in heating and cooling. Member States should implement three measures from the list of measures. When adopting and implementing those measures, Member States should ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, and should require a significant share of measures to be implemented as a priority in low-income households at risk of energy poverty and in social housing.

(24) To ensure that a greater role of district heating and cooling is accompanied by better information for consumers, it is appropriate to clarify and strengthen the disclosure of the renewables share and the associated greenhouse gas emissions, as well as the energy efficiency of these systems.

(24a) The agricultural sector has the potential to produce additional renewable electricity. This renewable electricity is produced in a decentralised way, which is an opportunity in the energy transition. In order to put this electricity on the grid, this grid needs to have sufficient capacity. However, in rural areas the grid often ends and therefore has insufficient capacity to accommodate additional electricity. Grid reinforcement in rural areas should be strongly encouraged so that farms can actually fulfil their potential contribution to the energy transition through decentralised electricity production.

(24b) Small-scale on-farm energy production installations have an enormous potential to increase the on-farm circularity by transforming the waste and residual streams of the farm, amongst others manure, into heat and electricity. Therefore, all barriers should be removed to encourage farmers to invest in these technologies towards a circular farm, such as pocket digesters. One of these barriers is the valorisation of residues of the process, for instance RENURE, as well as ammonium sulphate, which should be able to be categorised and used as fertilizers.

(25) Modern renewable-based efficient district heating and cooling systems have demonstrated their potential to provide cost-effective solutions for integrating renewable energy, increased energy efficiency and energy system integration,  facilitating the overall decarbonisation of the heating and cooling sector. To ensure this potential is harnessed, the annual increase of renewable energy and/or waste heat in district heating and cooling should be raised from 1 percentage point to 2.3without changing the indicative nature of this increase, reflecting the uneven development of this type of network across the Union.

(26) To reflect the increased importance of district heating and cooling and the need to steer the development of these networks towards the integration of more renewable energy, it is appropriate to set requirements to ensure the connection of third party suppliers of renewable energy and waste heat and cold with district heating or cooling networks systems above 25MW.

(27) Waste heat and cold are underused despite their wide availability, leading to a waste of resources, lower energy efficiency in national energy systems and higher than necessary energy consumption in the Union. Requirements for closer coordination between district heating and cooling operators, industrial and tertiary sectors, and local authorities could facilitate the dialogue and cooperation necessary to harness cost-effective waste heat and cold potentials via district heating and cooling systems.

(28) To ensure district heating and cooling participate fully in energy sector integration, it is necessary to extend the cooperation with electricity distribution system operators to electricity transmission system operators and widen the scope of cooperation to grid investment planning and markets to better utilise the potential of district heating and cooling for providing flexibility services in electricity markets. Further cooperation with gas network operators, including hydrogen and other energy networks, should also be made possible to ensure a wider integration across energy carriers and their most cost-effective use.

(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].

(29a) The COVID-19 pandemic has demonstrated the strategic importance of the transport sector. The implementation of green lanes, which provided secure supply chains for health care and emergency services, essential food supply and pharmaceutical products was a good practice, which in the future should take precedence over emissions reduction in times of crisis.

(29b) The implementation or installation of wind-assisted propulsion and wind propulsion systems is considered as a renewable energy source and one of the decarbonisation solutions for maritime transport.

(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public to contribute, by supplying renewable electricity or renewable energy, towards the fulfilment of the obligation set up by Member States on fuel suppliers. Member States can include private recharging stations in this mechanism, if it can be demonstrated that the renewable electricity supplied to those recharging stations is provided solely to electric vehicles. While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix, particularly in hard-to-decarbonise transport sectors, such as maritime and aviation, where direct electrification is much more difficult.

(30a) Hydrogen can be used as feedstock or a source of energy in industrial and chemical processes and in air and maritime transport, decarbonising sectors in which direct electrification is not technologically possible or competitive, as well as for energy storage to balance, where necessary, the energy system, thereby playing a significant role in energy system integration.

(30b) The Union regulatory framework and initiatives aimed at achieving the greenhouse gas emission reduction targets should support the industry to shift towards a more sustainable European energy system, especially when establishing new targets and production thresholds.

(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. Likewise, inadequate planning of the installations of large wind or photovoltaic projects can have undesired effects on biodiversity, on landscapes, and on local communities. The indirect effects of deforestation and soil compaction, the effects of wind turbines and the conflicts of land use with regard to solar parks should also be taken into account. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. The Union should thus promote fuels in quantities which balance the necessary ambition with the need to avoid contributing to direct and indirect land-use change. As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport and to take into consideration the war against Ukraine, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50 % greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels. In addition, Member States should also consider securing additional food supply to stabilise global food commodity markets..

(31a) Account should be taken of Article 349 of the Treaty on the Functioning of the European Union (TFEU), which acknowledges the particular vulnerability of the outermost regions arising from their remoteness from mainland regions, insularity, small size, difficult topography and climate and economic dependence on a few products, a combination that severely restrains their development and generates substantial extra costs in many areas, particularly for transport. Efforts being made and targets set at European level for greenhouse gas reduction must be adapted to this difficult situation, balancing environmental objectives against the high social costs for these regions.

(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100% emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keep the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.

(33) Direct electrification of end-use sectors, including the transport sector, contributes to the efficiency and facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emissions. The creation of a framework on additionality applying specifically to renewable electricity supplied to electric vehicles in the transport is therefore not required.

(34) Since renewable fuels of non-biological origin are to be counted as renewable energy regardless of the sector in which they are consumed, the rules to determine their renewable nature when produced from electricity, which were applicable only to those fuels when consumed in the transport sector, should be extended to all renewable fuels of non-biological origin, regardless of the sector where they are consumed.

(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 7.5 MW.

(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary and old-growth forests, highly biodiverse forests, grasslands, peat lands and heathlands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels. Semi-natural forests as forests or other wooded land that are neither primary forest nor plantation forest and composed predominantly of native trees and shrub species which have not been planted have a high biodiversity and climate value and should not be transformed into plantation forests or otherwise degraded. Special attention should be given towards forest science to address open questions and provide data, as they are key for understanding better the role of our trees for climate, environment, economy and society. Biofuels, bioliquids and biomass fuels produced from agricultural and forest biomass and Renewable Fuels of Non-Biological Origin should be 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 by representative institutions and organisations, while human and labour rights of third parties are respected and the availability of food and feed for third parties is not at risk.

(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and 20 MW.

(38) The Union database to be set up by the Commission aims at enabling the tracing of liquid and gaseous renewable fuels and recycled carbon fuels. Its scope should be extended from transport to all other end-use sectors in which such fuels are consumed. This should make a vital contribution to the comprehensive monitoring of the production and consumption of those fuels, mitigating risks of double-counting or irregularities along the supply chains covered by the Union database. In addition, to avoid any risk of double claims on the same renewable gas, a guarantee of origin issued for any consignment of renewable gas registered in the database should be cancelled. This database should be made publicly available in an open, transparent and user friendly manner. The Commission should publish annual reports for the general public about the information reported in the Union database, including the quantities, the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels.

(38a) In order to offset of the regulatory burdens for citizens, administrations and businesses introduced by this Directive, the Commission should, in the framework of its annual burden survey conducted pursuant to paragraph 48 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, review the regulatory framework in the concerned sectors in line with the “one in, one out” principle, as set out in the Commission communication of 29 April 2021 entitled “Better Regulation: Joining forces to make better laws”, and, where appropriate, present legislative proposals for the amendment or deletion of provisions in other Union legislative acts that generate compliance costs in those sectors.

(38b) Adequate anti-fraud provisions must be laid down, in particular in relation to used cooking oil (UCO) given the widespread mixing of palm oil. As the detection and prevention of fraud is essential to prevent unfair competition and rampant deforestation in third countries, full and certified traceability of these raw materials should be implemented.(39)  The Governance Regulation (EU) 2018/1999 makes several references in a number of places to the Union-level binding target of at least 32 % for the share of renewable energy consumed in the Union in 2030. As that target needs to be increased in order to contribute effectively to the ambition to decrease greenhouse gas emissions by at least 55 % by 2030, those references should be amended. Any additional planning and reporting requirements set will not create a new planning and reporting system, but should be subject to the existing planning and reporting framework under Regulation (EU) 2018/1999.

(40) The scope of Directive 98/70/EC of the European Parliament and of the Council[17] should be amended in order to avoid a duplication of regulatory requirements with regard to transport fuel decarbonisation objectives and align with Directive (EU) 2018/2001.

(40a) It is also important to encourage research and innovation in the field of clean energies, such as hydrogen, in order to meet the growing demand for alternative fuels and, above all, to make available on the market energy that is cheaper than fossil fuels like diesel, fuel oil and petrol, for which prices are now hitting record highs.

(41) The definitions of Directive 98/70/EC should be amended in order to align them with Directive (EU) 2018/2001 and thereby avoid different definitions being applied in those two acts.

(42) The obligations regarding the greenhouse gas emissions reduction and the use of biofuels in Directive 98/70/EC should be deleted in order to streamline and avoid double regulation with regards to the strengthened transport fuel decarbonisation obligations which are provided for in Directive (EU) 2018/2001.

(43) The obligations regarding the monitoring of and reporting on the greenhouse gas emission reductions set out in Directive 98/70/EC should be deleted to avoid regulating reporting obligations twice.

(44) Council Directive (EU) 2015/652, which provides the detailed rules for the uniform implementation of Article 7a of Directive 98/70/EC, should be repealed as it becomes obsolete with the repeal of Article 7a of Directive 98/70/EC by this Directive.

(45) As regards bio-based components in diesel fuel, the reference in Directive 98/70/EC to diesel fuel B7, that is diesel fuel containing up to 7 % fatty acid methyl esters (FAME), limits available options to attain higher biofuel incorporation targets as set out in Directive (EU) 2018/2001. That is due to the fact that almost the entire Union supply of diesel fuel is already B7. For that reason the maximum share of bio-based components should be increased from 7% to 10%. Sustaining the market uptake of B10, that is diesel fuel containing up to 10 % fatty acid methyl esters (FAME), requires a Union-wide B7 protection grade for 7% FAME in diesel fuel due to the sizeable proportion of vehicles not compatible with B10 expected to be present in the fleet by 2030. This should be reflected in Article 4, paragraph 1, second subparagraph of Directive 98/70/EC as amended by this act.

(45a) A greater use of renewable energy can also increase energy security and self-sufficiency by, amongst other things, reducing dependence on fossil fuels. However, further reinforcement and interconnection of the transmission system is essential for the fair and efficient use of this transition, so that the resulting benefits are spread evenly across the population of the Union and do not lead to energy poverty.

(46) The transitional provisions should allow for an ordered continuation of data collection and the fulfilment of reporting obligations with respect to the articles of Directive 98/70/EC deleted by this Directive.

(47) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents[18], Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified, in particular following the judgment of the European Court of Justice in Case Commission vs Belgium[19] (case C-543/17).

 

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive (EU) 2018/2001

Directive (EU) 2018/2001 is amended as follows:

(1) in Article 2, the second paragraph is amended as follows:

 

(-a) point (1) is replaced by the following:

 

(1)‘energy from renewable sources’ or ‘renewable energy’ means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, osmotic energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas;

 

(-aa) in point (16), point (c) is replaced by the following:

‘(c) the primary purpose of which is to provide environmental, economic or social community benefits, in accordance with the energy efficiency first principle, for its shareholders or members or for the local areas where it operates, rather than financial profits;’

 

(a) point (36) is replaced by the following:

 

‘(36) ‘renewable fuels of non-biological origin’ means liquid and gaseous fuels the energy content of which is derived from renewable sources other than biomass;’;

 

(b)  point (47) is replaced by the following:

 ‘(47) ‘default value’ means a value derived from a typical value by the application of pre-determined factors and that may, in circumstances specified in this Directive, be used in place of an actual value;’;

 

(c)  the following points are added:

‘(47a) ‘quality roundwood’ means roundwood felled or otherwise harvested and removed, whose characteristics, such as species, dimensions, rectitude, and node density, make it suitable for industrial use, as defined and duly justified by Member States according to the relevant forest conditions. This does not include pre-commercial thinning operations or trees extracted from forests affected by fires, pests, diseases or damage due to abiotic factors ;

(47b) ‘innovative renewable energy technology’ means a renewable energy generation technology that improves in at least one way comparable state-of-the-art renewable energy technologies or makes exploitable a largely untapped renewable energy resource and involves a clear degree of risk, in technological, market or financial terms, which is higher than the risk generally associated with comparable non-innovative technologies or activities;

(47c) ‘bidding zone’ means a bidding zone as defined in Article 2, point (65) of Regulation (EU) 2019/943 of the European Parliament and of the Council[20];

(47d) ‘smart metering system’ means a smart metering system as defined in Article 2, point (23) of Directive (EU) 2019/944 of the European Parliament and of the Council[21];

(47e) ‘recharging point’ means a recharging point as defined in ▌ Article 2, point (33) of Directive (EU) No 2019/944;

(47f) ‘market participant’ means a market participant as defined in ▌ Article 2, point (25) of Regulation (EU) 2019/943;

(47g) ‘electricity market’ means an electricity market as defined in Article 2, point (9) of Directive 2019/944;

(47h) ‘domestic battery’ means a stand-alone rechargeable battery of rated capacity greater than 2 kwh, which is suitable for installation and use in a domestic environment;

(47i) ‘electric vehicle battery’ means an electric vehicle battery as defined in  Article 2, point (12) of [the proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020[22]];

(47j) ‘industrial battery’ means an industrial battery as defined in Article 2. point (11) of [the proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020];

(47k) ‘state of health’ means state of health as defined in ▌Article 2, point (25)  of [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020 [23]]; 

(47l) ‘state of charge’ means state of charge as defined in  Article 2, point (24) of [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020]; 

(47m) ‘power set point’ means the information held in a battery’s management system prescribing the electric power settings at which the battery operates during a recharging or a discharging operation, so that its state of health and operational use are optimised;

(47n) ‘smart charging’ means a recharging operation in which the intensity of electricity delivered to the battery is adjusted in real-time, based on information received through electronic communication and which can be realised at normal charging speeds as well as during fast charging through a response to dynamic price signals or an optimisation of power flow;

(47o) ‘regulatory authority’ means a regulatory authority defined in Article 2, point (2) of Regulation (EU) 2019/943;

(47p) ‘bidirectional charging’ means a smart charging operation where the direction of the flow may be reversed, allowing electricity to flow from the battery to the recharging point it is connected to;

(47q) ‘normal power recharging point’ means a normal power recharging point ▌ as defined in Article 2, point (31) of [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU]; 

(47r) ‘community battery’ means a stand-alone rechargeable battery with a rated capacity greater than 50 kWh, which is suitable for installation and use in a residential, commercial or industrial environment and which is owned by jointly acting renewable self-consumers or a renewable energy community;

(47s) ‘renewables energy purchase agreement’ means a contract under which a natural or legal person agrees to purchase renewable energy directly from a producer, which encompasses, but it is not limited to, renewables power purchase agreements, renewables hydrogen purchase agreements and renewables heating and cooling purchase agreements;

(47t) ‘renewables heating and cooling purchase agreement’ means a contract under which a natural or legal person agrees to purchase renewable heating and cooling directly from a producer;

(47u) ‘renewables hydrogen purchase agreement’ means a contract under which a natural or legal person agrees to purchase renewable fuels of non-biological origin directly from a producer;

(47v) ‘industry’ means companies and products that fall sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2)[24];

(47w) ‘non-energy purpose’ means the use of fuels as raw materials in an industrial process, instead of being used to produce energy;

(47x) ‘renewable fuels’ means biofuels, bioliquids, biomass fuels and renewable fuels of non-biological origin;

(47y) ‘energy efficiency first’ means energy efficiency first as defined in Article 2, point (18) of Regulation (EU) 2018/1999;

 

(47z) ‘offshore renewable hybrid asset’ means a transmission asset serving the dual purpose of connecting offshore renewable energy generation and connecting two or more bidding zones;

(47za) ‘renewable based district heating and cooling’ means highly energy efficient district heating and cooling systems operating exclusively by renewable energy sources;

(47zb)  ‘primary woody biomass’ means all roundwood felled or otherwise harvested and removed. It comprises all wood obtained from removals, i.e., the quantities removed from forests, including wood recovered due to natural mortality and from felling and logging. It includes all wood removed with or without bark, including wood removed in its round form, or split, roughly squared or in other form, e.g., branches, roots, stumps and burls (where these are harvested) and wood that is roughly shaped or pointed. This does not include woody biomass obtained from sustainable wildfire prevention measures in high-risk fire prone areas and woody biomass extracted from forests affected by active pests or diseases to prevent their spread, whilst minimising wood extraction and protecting biodiversity, resulting in more diverse and resilient forests, and shall be based on guidelines from the Commission;

(47zc) ‘renewable hydrogen’ means hydrogen produced through the electrolysis of water (in an electrolyser, powered by electricity stemming from renewable sources, or through the reforming of biogas or biochemical conversion of biomass, if in compliance with sustainability criteria set out in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council;

(47zd) ‘plantation forest’ means a planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing. It includes short rotation plantations for wood, fibre and energy, and excludes forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating forests;

(47ze) ‘planted forest’ means forest predominantly composed of trees established through planting and/or deliberate seeding provided that the planted or seeded trees are expected to constitute more than fifty percent of the growing stock at maturity; it includes coppice from trees that were originally planted or seeded; ▌

(47zf) ‘osmotic energy’ means energy naturally created from the difference in salt concentration between two fluids, commonly fresh and salt water;

(47zg) 'system efficiency' means an energy system which integrates variable renewables cost-effectively and maximises the value of demand-side flexibility to optimise the transition to climate neutrality, measured in reductions of system investment and operational costs, greenhouse gas emissions and fossil fuel uses in each national energy mix;

(47zh) ‘renewable hybrid power plant’ means a combination of two or more renewable generation technologies which share the same grid connection, and can also integrate storage capacity;

(47zi) ‘co-located energy storage project’ means a project encompassing an energy storage facility and a facility producing renewable energy connected behind the same grid access point.’

 

 

(2) Article 3 is amended as follows:

 

(a) paragraph 1 is replaced by the following:

 

‘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 45 %.

In order to promote the production and use of renewable energy from innovative renewable energy technologies and to safeguard the Union’s industrial competitiveness, each Member State shall set an indicative target of at least 5 % of new installed renewable energy capacity between … [entry into force of the directive] and 2030 as innovative renewable energy technology.

In order to facilitate further penetration of renewable electricity and to increase the flexibility and balancing services, Member States shall set an indicative target for storage technologies.

To support the cost-effective achievement of the target referred to in the first subparagraph and the achievement of system efficiency, Member States shall set a minimum indicative national target for demand-side flexibility corresponding to a reduction of 5 % of peak electricity demand by 2030. That target shall be achieved through the activation of demand-side flexibility in all end-use sectors, including through buildings renovation and energy efficiency in accordance with Directive (EU) .../... [revised directive (EU) 2018/844] and Directive (EU) .../... [revised directive (EU) 2018/2002].

Member States shall specify their national demand-side flexibility target, including intermediate milestones, in the national objectives set out in their integrated energy and climate plans to increase system flexibility, in accordance with Article 4, point (d), point (3) of Regulation (EU) 2018/1999. When needed, the Commission may take complementary measures to support the Members States to fulfil their target.

Each Member State shall identify in its integrated energy and climate plan, in accordance with Article 4, point (d), point (3), of Regulation (EU) 2018/1999, the measures needed to meet the targets referred to in the second and third subparagraphs of paragraph 1 of this Article.

 

(b) paragraph 3 is replaced by the following:

 

‘3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity, the environment and the climate. To that end, they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.

As part of the measures referred to in the first subparagraph:

(a) Member States shall grant no support for:

(i) the use of saw logs, veneer logs, stumps and roots to produce energy;

(ii) the production of renewable energy produced from the incineration of waste if the separate collection and waste hierarchy obligations laid down in Directive 2008/98/EC have not been complied with;

(iii) practices which are not in line with the implementing act referred to in the third subparagraph.

 

(b) From 31 December 2026, and without prejudice to the provisions set out in Article 6 and to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:

(i) it is produced in a region identified in a territorial just transition plan approved by the ▌Commission, in accordance with Regulation (EU) 2021/… of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels,  and meets the relevant requirements set in Article 29, point (11);

(ii) it is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29, point (11), second subparagraph.

(ii a) it is produced by plants that are already in operation on … [the date of entry into force of this amending Directive], for which modifications in the direction of cogeneration are not possible due to the absence of the infrastructure and demand conditions and meet the requirements set out in Article 29, point (11), provided that Member States notify the Commission of the usage of such exemption and justify it by means of verified and up-to-date scientific and technical information and that the Commission approves the exemption.

No later than one year after [the entry into force of this amending Directive], the Commission shall adopt an implementing act ▌on how to apply the cascading principle for forest biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to the highest economic and environmental added-value and national specificities including wildfire prevention and salvage logging.

By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity, climate, environment and possible market distortions, and will assess ▌support schemes to forest biomass.

 

(c) the following paragraph 4a is inserted:

 

‘4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable and co-located energy storage projects as well as renewables energy purchase agreements and renewables heating and cooling purchase agreements, enabling the deployment of renewable energy to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, the establishment of energy community initiatives and the development of the necessary energy transport networks, to support a high level of renewable energy supply. When designing that framework, Member States shall take into account the additional renewable electricity and storage infrastructures required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.’;

In accordance with the energy efficiency first principle, Member States shall ensure the flexible consumption, trade and storage of renewable electricity in these end-use sectors to help its penetration in a cost-effective way.

Member States may include a summary of the policies and measures under the enabling framework and an assessment of their implementation respectively in their integrated national energy and climate plans and progress reports, pursuant to Regulation (EU) 2018/1999.”

 

 

(3) Article 7 is amended as follows:

(-a) in the first subparagraph of paragraph 1, point (c) is replaced by the following:

 

‘(c) final consumption of energy from renewable sources and fuels in the transport sector. ’;

(a) in paragraph 1, the second subparagraph is replaced by the following:

 

‘With regard to  the first subparagraph, point (a), (b), or (c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport - where it is consumed. Where renewable fuels of non-biological origin are consumed in a Member State different from the one where they have been produced, energy generated by the use of renewable fuels of non-biological origin shall be accounted for 80 % of their volume in the country and sector where it is consumed and for 20 % of their volume in the country where it is produced, unless agreed otherwise between Member States concerned. In order to monitor such agreements and to avoid any double counting, the Commission shall be notified of any such agreement, including the exact volumes of the supply and demand, the times of the transfer and the date by which the arrangement will become operational. The Commission shall make available information on the concluded agreements, including their timing, volume, price and any additional conditions.’;

 

(aa) in paragraph 1, the following subparagraph is inserted after the second subparagraph:

 

“For the purposes of the targets referred to in Articles 15a, 22a, 23(1), 24(4) and 25(1), renewable fuels of non-biological origin shall be accounted for 100% of their volume in the country where they are consumed.”;

 

(b) in paragraph 2, the first subparagraph is replaced by the following:

 

‘For the purposes of paragraph 1, first subparagraph, point (a), gross final consumption of electricity from renewable sources shall be calculated as the quantity of electricity produced in a Member State from renewable sources, including the production of electricity from renewables self-consumers and renewable energy communities and electricity from renewable fuels of non-biological origin and excluding the production of electricity in pumped storage units from water that has previously been pumped uphill as well as the electricity used to produce renewable fuels of non-biological origin.’;

 

(c) in paragraph 4, point (a) is replaced by the following:

‘(a) Final consumption of energy from renewable sources in the transport sector shall be calculated as the sum of all biofuels, biogas and renewable fuels of non-biological origin consumed in the transport sector.’;

 

(4) Article 9 is amended as follows:

 

(a) the following paragraph 1a is inserted:

 

‘1a. Each Member State shall enter into cooperation agreements to establish joint projects with one or more other Member States for the production of renewable energy, including offshore renewable hybrid assets, as follows:

(a) by 31 December 2025, Member States with an annual electricity consumption of 100 TWh or less shall establish at least two joint projects;

(b) by 2030, Member States with an annual electricity consumption of more than 100 TWh shall establish a third joint project.. ▌;

Such joint projects shall not correspond to the projects of common interest already adopted under Regulation (EU) 2022/8691a. The identification of joint projects shall be based on the needs identified in the high-level strategic integrated offshore network development plans for each sea-basin and the Ten Years Network Development Plan but may go beyond those needs and may involve local and regional authorities and private operators.

Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294[25] shall be taken into account for the purposes of fulfilling the requirements of the first subparagraph for the Member States involved in those projects.

Member States shall work towards a fair distribution of costs and benefits of joint projects. To that end, all the relevant costs and benefits of the joint project shall be taken into account in the relevant cooperation agreement.

Member States shall notify the Commission of the cooperation agreements referred to in the first subparagraph, including the date on which the project is expected to become operational.

________

1a Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022 on guidelines for trans-European energy infrastructure, amending Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022, p. 45).’;

 

 

(b) the following paragraph is inserted:

‘7a. Member States bordering a sea basin shall cooperate in order to establish jointly, after consulting stakeholders, the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps and trajectories per sea basin in 2030 and 2040 in accordance with Regulation (EU) 2022/869. Each Member State shall indicate the volumes it plans to achieve through governmental tenders, with a focus on technical and economic feasibility for the grid infrastructure.

In their cooperation agreements, the Member States shall collectively ensure that those plans are in line with the fulfilment of the objectives laid down in Commission communication of 19 November 2020 entitled ‘An EU Strategy to harness the potential of offshore renewable energy for a climate neutral future’, while respecting Union environmental law and the protection of biodiversity, the specificities and development in each region, especially the activities that already take place in the affected areas, the possible harm to the environment, the offshore renewable potential of the sea basin and the importance of ensuring associated integrated grid planning. Member States shall notify that amount and the planned grid in their updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999. The Commission may take complementary measures to support Member States in their efforts to align with the trajectories per sea basin.

Following the communication of the updated integrated national energy and climate plans, the Commission shall assess any possible gap between the potential amount of offshore renewable energy resources of the Member States and the amount of offshore renewable energy planned for 2030, 2040 and 2050. Where appropriate, the Commission shall take additional measures to reduce that gap.

Member States bordering a sea basin shall jointly define the adequate space for offshore renewable energy projects and allocate that space in their maritime spatial plans while ensuring a strong public participation approach so that the views of all stakeholders and affected coastal communities, as well as the impacts on the activities already taking place in the affected areas, are taken into account.

In order to facilitate permit granting for joint offshore renewable energy projects, Member States shall reduce the complexity and increase the efficiency and transparency of the permit granting process and enhance cooperation among themselves, including, where appropriate, by establishing a single point of contact (‘one-stop shop’) per priority offshore grid corridor.

In order to enhance broad public acceptance, Member States shall ensure the possibility of including renewable energy communities in joint cooperation projects on offshore renewable energy.’;

 

(5) Article 15 is amended as follows:

 

(-a) paragraph 1 is amended as follows:

(a) the first subparagraph is replaced by the following:

‘Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants, including renewable hybrid power plants  and associated transmission and distribution networks for the production of electricity, heating or cooling from renewable sources, to the process of transformation of biomass into biofuels, bioliquids, biomass fuels or other energy products, and to renewable fuels of non-biological origin are proportionate and necessary and contribute to the implementation of the energy efficiency first principle.’;

(-aa) the second subparagraph is amended as follows:

(i) point (a) is replaced by the following:

‘(a) all administrative procedures are streamlined, including regional and municipal processes, and expedited at the appropriate administrative level and predictable timeframes are established for the procedures referred to in the first subparagraph;’;

 

(ii) points (c) and (d) are replaced by the following:

‘(c) all administrative charges paid by consumers, planners, architects, builders and equipment and system installers and suppliers are transparent and cost-related; and

(d) simplified and less burdensome authorisation procedures, including a simple-notification procedure and single contact points are established for decentralised devices, and for producing and storing energy from renewable sources.’;

(a) paragraph 2 is replaced by the following:

‘2. Member States shall clearly define any technical specifications which are to be met by renewable energy equipment and systems in order to benefit from support schemes and to be eligible under public procurement. Where regulatory or harmonised standards or European standards exist, including technical reference systems established by the European standardisation organisations, such technical specifications shall be expressed in terms of those standards. Precedence shall be given to regulatory and harmonised standards, the references of which have been published in the Official Journal of the European Union in support of European legislation, including for instance Regulation (EU) 2017/1369 or (EU) 2009/125. In their absence, other harmonised standards and European standards shall be used, in that order. Such technical specifications shall not prescribe where the equipment and systems are to be certified and shall not impede the proper functioning of the internal market’;

(aa) paragraph 3 is replaced by the following:

‘3. 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 renewables self-consumption and renewable energy communities, and the use of unavoidable waste heat and cold when planning, including early spatial planning, designing, building and renovating urban infrastructure, industrial, commercial or residential areas and energy and transport 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 sources in the planning of city infrastructure where appropriate, and to consult the network operators to reflect the impact of energy efficiency and demand response programs as well as specific provisions on renewables self- consumption and renewable energy communities, on the infrastructure development plans of the operators.’;

(b) paragraphs 4, 5, 6 and 7 are deleted:

 

(c)  paragraph 8 is replaced by the following:

‘8. Member States shall assess the regulatory and administrative barriers to long-term renewables energy purchase agreements, including renewables power purchase agreements, renewables heating and cooling purchase agreements and renewables hydrogen purchase agreements, co-located energy storage projects as well as cross-border ones. ▌

They shall remove ▌barriers at national and cross border level to their development, such as barriers to permitting, for example for energy intensive industries and SMEs, as well as other smaller actors and municipalities, and promote the uptake of, such agreements, including by exploring how to reduce the financial risks associated with them, in particular by using credit guarantees. Member States shall ensure that those agreements are not subject to disproportionate or discriminatory procedures or any charges or fees, and that any associated guarantees of origin can be transferred to the buyer of ▌energy under a renewables energy purchase agreement.

Member States shall describe their policies and measures promoting the uptake of renewables energy purchase agreements in their integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999 and progress reports submitted pursuant to Article 17 of that Regulation. They shall also provide, in those reports, an indication of the volume of renewable power generation supported by the different types of renewables energy purchase agreements.

Member States shall ensure that applicants are allowed to submit all relevant documents in digital form. If an applicant makes use of the digital application option, the entire permitting process including the administrative internal processes needs to be carried out digitally. Member States shall further ensure the digitalisation of the public hearings and the participation procedures.’

 (d) the following paragraph 9 is added:

‘9. By ... [one year after the entry into force of this amending Directive], the Commission shall revise guidelines to Member States on permitting practices to accelerate and simplify the process for new and repowered projects. Those guidelines shall include recommendations on how to implement and apply  the rules on administrative procedures set out in Articles 15 and 17 together with  their application to renewable heating, cooling and power and renewable cogeneration and a set of key performance indicators (KPIs) to enable a transparent assessment and monitoring of both progress and effectiveness.

To that end, the Commission shall carry out appropriate consultations, including with relevant stakeholders. Such guidance shall also include information on digital and human resources of permitting authorities, effective single contact points, spatial planning, military and civil aviation constraints, court proceedings and civil resolution and mediation cases as well as adjustment and retrofitting of laws on mining, geological works as well as ensuring adequate technical capacity to perform those tasks.

Member States shall present an assessment of their permitting process and the measures for improvement to be taken in line with the guidelines in the updated integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/199 in accordance with the procedure and timeline laid down in that Article.

The Commission shall assess the corrective measures in the plans and scoring of each Member state in the key performance indicators. The assessment shall be made publicly available.

In the case of a lack of progress, the Commission may take additional measures to support Member States in their implementation assisting them in reforming and streamlining their permitting procedures.’;

 

(6) the following Article is inserted:

 

‘Article 15a

Mainstreaming renewable energy in buildings

 

1. In order to promote the production and use of renewable energy and waste heat and cold in the building sector, Member States shall set an indicative target for the share of renewables produced on site or nearby including from the grid in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources and unavoidable waste heat and cold in the buildings sector in the Union’s final consumption of energy in 2030. Member States that do not explicitly price carbon in the building sector through a tax or emissions trading scheme or Member States that temporarily opt out of the new European emissions trading scheme for buildings and transport shall set a higher indicative share of renewable energy sources. The national indicative target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7, which may include in the calculation of the share of final consumption the electricity from renewable sources comprising self-consumption, energy communities, the share of renewable energy in the electricity mix and the unavoidable waste heat and cold. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it.

Member States may count waste heat and cold towards the target referred to in the first subparagraph, up to a limit of 20 %. If they decide to do so, the target shall increase by half of the waste heat and cold percentage used to an upper limit of 54 %.

2. Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources both produced on site or nearby including from the grid in the building stock, including national measures relating to substantial increases in renewables self-consumption, renewable energy communities, local renewable energy sharing and local energy storage, smart and bidirectional charging, other flexibility services such as demand response, and in combination with energy efficiency improvements relating to high-efficiency cogeneration and passive, nearly zero-energy and zero-energy buildings, taking into account innovative technologies.

 

To achieve the indicative share of renewable energy sources set out in paragraph 1, Member States shall, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources both produced on-site or nearby, including from the grid, in new buildings and in those subject to major renovation, in line with the provisions of Directive 2010/31/EU and where that is economically, technically and functionally feasible. Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling.

 

For existing buildings, the first subparagraph shall apply to the armed forces only to the extent that its application does not cause any conflict with the nature and primary aim of the activities of the armed forces and with the exception of material used exclusively for military purposes.

 

3. Member States shall ensure that public buildings at national, regional and local level, fulfil an exemplary role as regards the share of renewable energy used, in accordance with the provisions of Article 9 of Directive 2010/31/EU and Article 5 of Directive 2012/27/EU. Member States may, among others, allow that obligation to be fulfilled by providing for the roofs or other compatible surfaces and sub-surfaces of public or mixed private-public buildings to be used by third parties for installations that produce energy from renewable sources.

 

Member States shall promote cooperation between local authorities and renewable energy communities in the building sector, particularly through the use of public procurement. Such support shall be indicated in Member States' National Building Renovation Plans under Article 3 of Directive … [EPBD].

 

4. In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment including innovative technologies for the given local context, such as smart and renewable-based electrified heating and cooling systems and equipment, complemented, where applicable, with smart management of all decentralised energy resources in buildings, through Building Energy Management Systems capable of interacting with the energy grid. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council[26], energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice, including through one-stop shops, on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating and cooling systems and an increased switch to solutions based on renewable energy.’;

 

 

(7) ▌ Article 18 is amended as follows:

 

(a) paragraphs 3 and 4 are replaced by the following:

 ‘3. Member States shall ensure that certification schemes or equivalent national qualification schemes are available for installers and designers of all forms of renewable heating and cooling systems in buildings, industry and agriculture, and for installers of other renewable energy technologies, storage and demand-response technologies, including charging stations. Those schemes may take into account existing schemes and structures as appropriate and shall be based on the criteria laid down in Annex IV. Each Member State shall verify the recognition of the certification awarded by other Member States in accordance with those criteria.

 

By 31 December 2023 and every three years thereafter, Member States shall assess the gap between available and needed trained and qualified installations professionals, and, where appropriate, provide recommendations to remove any gaps. Those assessments and any recommendations shall be made publicly available.

Member States shall establish conditions, including through upskilling and reskilling strategies, to ensure that a sufficient number of trained and qualified installers referred to in paragraph 3 is available ▌to service the growth of renewable heating and cooling required to contribute to the annual increase in the share of renewable energy in the heating and cooling sector as set out in Article 23 and to the targets for renewable energy in buildings set out in Article 15a, in the industry sector set out in Article 22a and in the transport sector set out in Article 25, and to contribute to reaching the overall target set out in Article 3.

To achieve a sufficient number of installers and designers, Member States shall, provided that they are compatible with national qualification and certification schemes, ensure that sufficient training programmes leading to qualification or certification covering renewable heating and cooling technologies, and their latest innovative solutions, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self-employed, as well as ensuring gender balance and targeting in particular underrepresented minorities. If compatible with already existing training and qualification schemes, Member States may put in place voluntary agreements with the relevant technology providers and vendors to train sufficient numbers of installers, which may be based on estimates of sales, in the latest innovative solutions and technologies available on the market.

Member States shall describe their policies and measures promoting effective, high quality and inclusive training, re-skilling and upskilling of workers in the field of renewable energies in their integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999 and progress reports submitted pursuant to Article 17 of that Regulation.

 

4. Member States shall make information on the certification schemes or equivalent national qualification schemes referred to in paragraph 3 available to the public. Member States shall also make available to the public, in a transparent and easily accessible manner, a regularly updated list of installers who are qualified or certified in accordance with paragraph 3 ▌.’;

 

(b) the following paragraph is added:

‘6a. Any measures taken under this Article shall be without prejudice to measures taken under Directives (EU) .../...  [Energy Efficiency Directive] and (EU) .../... [EPBD].’;

 

(8) Article 19 is amended as follows:

(-a) paragraph 1 is replaced by the following:

‘1. For the purposes of demonstrating to final customers the origin of energy from renewable sources in an energy supplier's energy mix and in the energy supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources, Member States shall ensure that the origin of energy from renewable sources can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparent and non-discriminatory criteria.’;

(a) paragraph 2 is amended as follows:

(i) the first subparagraph is replaced by the following:

 To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources. Member States shall provide for a uniform system of guarantees of origin to be issued for renewable hydrogen.

Member States may decide, for the purposes of accounting for the market value of the guarantee of origin, not to issue such a guarantee of origin to a producer that receives financial support from a support scheme.

The Commission shall introduce supplemental information for guarantees of origin, while avoiding double counting.

Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be ▌ 1 MWh with the possibility to issue fractions of it. They shall be duly standardized through the European standard CEN-EN16325 and issued upon a request from a producer of energy, provided that this does not lead to double counting. Simplified registration processes and reduced registration fees shall be introduced for small installations of less than 50 kW and for energy communities. Guarantees of origin may be issued for several small installations pooled together.

No more than one guarantee of origin shall be issued in respect of each unit of energy produced and the same unit of energy is taken into account only once.’;

(i a)  the second subparagraph is deleted;

(i b) in the fourth subparagraph, point (c) is replaced by the following:

‘(c) where the guarantees of origin are not issued directly to the producer but to a supplier or consumer who buys the energy either in a competitive setting or in a long-term renewables power purchase agreement.’;

(ii) the fifth subparagraph is deleted;

 

(aa) paragraph 4 is replaced by the following:

‘4. For the purposes of disclosure referred to in paragraphs 8 and 13, Member States shall ensure that energy companies cancel guarantees of origin at the latest six months after the end of the validity of the guarantee of origin. Furthermore, by ... [one year after the entry into force of this amending Directive], Member States shall ensure that the data on their residual mix is published on an annual basis.’;

 

(ab) the first subparagraph of paragraph 7 is amended as follows:

(i) point (a) is replaced by the following:

‘(a) the energy source from which the energy was produced and the start and end dates as close to real time as possible, with the objective to arrive at intervals of no more than one hour of production;’;

(ii) point (c) is replaced by the following:

‘(c) the identity, location, bidding zone for electricity, type and capacity of the installation where the energy was produced;’;

(iii) the following points are added:

‘(g) greenhouse gas emissions over the life cycle of the guaranteed energy in accordance with the standard ISO 14067:2018;

(h) refined time granularity;

(i) locational matching.’;

 

(b) ▌paragraph 8▌ is replaced by the following:

‘Where an electricity supplier is required to demonstrate the origin of energy from renewable sources in its energy mix for the purposes of Article 3(9), point (a) of Directive 2009/72/EC, it shall do so by using guarantees of origin except as regards the share of its energy mix corresponding to non-tracked commercial offers, if any, for which the supplier may use the residual mix.

Where a gas supplier is required to demonstrate the origin of energy from renewable sources in its energy mix for the purposes of Annex I, section 5 of Directive (EU) .../... [on common rules for the internal markets in renewable and natural gases and in hydrogen as proposed by COM(2021)0803], it shall do so by using guarantees of origin except as regards the share of its energy mix corresponding to non- tracked commercial offers, if any, for which the supplier may use the residual mix.

Where Member States have arranged to have guarantees of origin for other types of energy, suppliers shall use for disclosure the same type of guarantees of origin as the energy supplied. Furthermore, when the customer consumes gas from a hydrogen or natural gas network, Member States may ensure that the guarantees of origin cancelled correspond to the relevant network characteristics. Likewise, guarantees of origin created pursuant to Article 14(10) of Directive 2012/27/EU may be used to substantiate any requirement to demonstrate the quantity of electricity produced from high-efficiency cogeneration. For the purposes of paragraph 2 of this Article, where electricity is generated from high-efficiency cogeneration using renewable sources, only one guarantee of origin specifying both characteristics may be issued.’;

(ba) paragraph 9 is replaced by the following:

‘9. Member States shall recognise guarantees of origin issued by other Member States in accordance with this Directive exclusively as evidence of the elements referred to in paragraph 1 and points (a) to (i) of the first subparagraph of paragraph 7. A Member State may refuse to recognise a guarantee of origin only where it has well-founded doubts about its accuracy, reliability or veracity. The Member State shall notify the Commission of such a refusal and its justification.’;

(bb) paragraph 11 is replaced by the following:

‘11. Member States shall not recognise guarantees of origin issued by a third country except where the Union has concluded 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 third country, and only where there is direct import or export of energy. The Commission shall issue guidelines clarifying the Union requirements for recognizing guarantees of origin issued by a third country, including the underlying governance arrangements associated, to the purpose of streamlining and accelerating the achievement of such agreements with third countries.

By ... [one year after the entry into force of this amending Directive], the Commission shall issue guidance on relevant safeguards for cross-border transfers.’;

(bc) paragraph 13 is replaced by the following:

‘13. The Commission shall adopt a report by 30 June 2025 assessing options to establish a Union-wide green label with a view to promoting the use of renewable energy coming from new installations. Suppliers shall use the information contained in guarantees of origin to demonstrate compliance with the requirements of such a label.’;

(bd) the folllowing paragraph is added:

‘13a. The Commission shall monitor the functioning of the guarantees of origin system and assess by 30 June 2025 the balance of supply-demand of guarantees of origin in the market and in the case of imbalances identify relevant factors affecting supply and demand and propose measures rectifying any potential structural imbalances with a view to support markets in focusing on new renewable installations.’;

 

(9)  in Article 20, paragraph 3 is replaced by the following:

‘3. Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I to Regulation (EU) 2018/1999 on the necessity to build new or modernize existing infrastructure for district heating and cooling from renewable sources in order to achieve the Union target set in Article 3(1) of this Directive, Member States shall, in accordance with the energy efficiency first principle, where relevant, take the necessary steps with a view to developing efficient district heating and cooling infrastructure to promote heating and cooling from renewable energy sources, ▌ in combination with thermal energy storage, demand response systems and power to heat installations.

 

3a. In accordance with relevant electricity market law, Member States shall, where relevant, take the necessary actions to integrate intermittent renewable electricity in the grid while ensuring grid stability and security of supply.’;

(10) the following Article 20a is inserted:

‘Article 20a

Facilitating system integration of renewable electricity

 

‘1. Member States shall require transmission system operators, and, if technically available, distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available. Member States shall ensure that distribution system operators have access to the needed data. If they do not have access, according to national legislation, to all information needed, they shall apply existing data reporting system under ENTSO-E, in accordance with the provisions of Directive 2019/944. However, transmission system operators and distribution system operators shall not be liable for forecasting, estimation or calculation errors due to external circumstances. Member States shall incentivise upgrades of smart grids to better monitor grid balance and make available real time information.

If technically available, distribution system operators should also make available anonymized and aggregated data on the demand response potential and the renewable electricity generated by self-consumers and renewable energy communities and injected to the grid.

1 a. The information and data referred to in paragraph 1 shall be made available digitally in a manner that ensures interoperability based on harmonized data formats and standardized data sets so that it can be used in a non-discriminatory manner by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices ▌.

2. In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall adopt measures requiring manufacturers of domestic and industrial batteries to enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf with explicit consent and in compliance with the relevant provisions set out in Regulation (EU) 2016/679, such as building energy management companies and electricity market participants, under non-discriminatory terms and free of charge.

By ... [6 months from the entry into force of this amending Directive], Member States shall adopt measures requiring vehicle manufacturers to make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint and battery capacity ▌to electric vehicle owners and users, as well as to third parties acting on the owners’ and users’ behalf with explicit consent, such as electricity market participants and electromobility service providers, under non-discriminatory terms and free of charge to the owners or users of the batteries and the entities acting on their behalf, in addition to further requirements in the type approval and market surveillance regulation and in full compliance with the relevant provisions in regulation (EU) 2016/679. In accordance with the Battery Regulation, data shall be shared as ‘read-only’, thus preventing third parties from modifying the parameters of the data.

Member States shall ensure that ▌manufacturers of smart heating and cooling systems, thermal energy storage units and other smart devices facilitating consumers to provide demand response to the energy system enable real-time access to data relevant for demand response under non-discriminatory terms and free  of charge to users, as well as to third parties acting on the owners’ and users’ behalf through explicit consent and in compliance with the relevant provisions set out in Regulation (EU) 2016/679.

3. In addition to the requirements  in [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU], Member States shall ensure that non–publicly accessible normal power recharging points installed in their territory from [the transposition deadline of this amending Directive] can support smart charging functionalities and interface with smart metering systems, when deployed by Member States and, where appropriate based on assessment by the regulatory authority, bidirectional charging functionalities as laid down in Article 14(4) of Regulation ... [the Alternative Fuel Infrastructure Regulation] and assessed by regulatory authorities regarding its potential contribution.

4. Member States shall ensure that all means of electricity generation, including renewable electricity production units, are involved in providing system and balancing services. Member States shall also ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services for the electricity networks and the district heating and cooling networks, energy storage and flexibility providers as well as balancing services, of small or mobile systems such as domestic and community batteries and electric vehicles, as well as decentralised energy resources with a capacity under 1MW participating to the system, thermal energy storage units, power-to-gas, heat pumps and other technologies able to provide flexibility, both directly and through aggregation. Member States shall provide a level playing field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing disproportionate administrative or regulatory burden.’;

4 a. Member States shall ensure that the national regulatory framework allows final customers to enter into contractual agreements with electricity market participants and electromobility service providers to receive information on the terms of the agreement, including their personal data protection, and its implications for the consumers, including the remuneration for the flexibility.’;

 

(11) the following Article 22a is inserted:

 

‘Article 22a

Mainstreaming renewable energy in industry

1. Member States shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1,9 percentage points by 2030. That increase shall be calculated as an average for the three-year periods, i.e. 2024 to 2027 and 2027 to 2030.

Member States shall include the policies and measures planned and taken to achieve such indicative increase in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999. Such measures shall include the renewable-based electrification of industrial processes when considered as a cost-effective option. When adopting measures to increase the share of renewable energy in industry, Member States shall comply with the energy efficiency first principle.

Member States shall establish a regulatory framework which may include support measures for industry in accordance with in Article 3(4a) and promote the uptake of renewable sources and renewable hydrogen consumed by industry, taking effectiveness and international competitiveness fully into account, as necessary pre-conditions for the uptake of renewable energy consumption in industry. In particular, that framework should tackle regulatory, administrative and economic barriers in line with Article 3(4a) and Article 15(8).

Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes is 50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030. Member States shall ensure that by 2035, the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes is at least 70 % of the hydrogen used for final energy and non-energy purposes in industry. The Commission shall analyse the availability of fuels of non-biological origin in 2026 and every year thereafter. For the calculation of the percentage, the following rules shall apply:

(a) For the calculation of the denominator, the energy content of hydrogen for final energy and non-energy purposes shall be taken into account, excluding hydrogen used as intermediate products for the production of conventional transport fuels and hydrogen produced as a by-product or derived from by-products in industrial installations;

(b) For the calculation of the numerator, the energy content of the renewable fuels of non-biological origin consumed in the industry sector for final energy and non-energy purposes shall be taken into account, excluding renewable fuels of non-biological origin used as intermediate products for the production of ▌ transport fuels.

(c) For the calculation of the numerator and the denominator, the values regarding the energy content of fuels set out in Annex III shall be used.

By 31 January 2026, following the establishment of the rules referred to in paragraph 1, the Commission shall assess whether, in view of regulatory, technical and scientific development, it is appropriate and justified to adapt the RFNBOs sub-target of 2030, and, where appropriate, shall amend this article for that purpose, accompanied by an impact assessment.

To promote the use of renewable energy solutions for low and medium-temperature industrial heat, Member States shall endeavour to increase the availability of economically viable and technically feasible renewable alternatives to fossil-fuel based energy use for industrial heat applications with the aim of ending the use of fossil-fuel based for applications requiring maximum heating temperatures up to 200 degrees Celsius by 2027 at the latest.

▌

1a. By ... [one year after the entry into force of this amending Directive], the Commission shall develop a global hydrogen import strategy to promote a European hydrogen market. This strategy shall complement initiatives to promote domestic hydrogen production within the Union, supporting the implementation of this Directive and the achievement of the targets set out therein, while having due regard to security of supply and the Union’s strategic autonomy in energy. The measures included in the strategy shall aim to promote a level playing-field, based on equivalent rules or standards in third countries in terms of environmental protection, sustainability and mitigating climate change. The strategy shall include indicative milestones and measures for imports. Member States shall take appropriate measures to implement the strategy in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999. Furthermore, the strategy shall also take into account the need to develop access to energy for local people.’;

 

 

(12) Article 23 is amended as follows:

 

(a) paragraph 1 is replaced by the following:

 

‘1. In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, increase the share of renewable energy in that sector by an indicative 2.3 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.

That increase shall be of 2.8 percentage points for Member States where waste heat and cold is used. In that case Member States may count waste heat and cold up to 40 % of the average annual increase.’;

(b) the following paragraph 1a is inserted:

‘1a. In order to give the Commission a full account of the considerable differences in the level of industrial heat demand across the Union, Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including a cost- benefit analysis covering all the positive externalities, where appropriate, an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects. SMEs, industrial symbioses and of commercial buildings and outline any infrastructure requirements with the participation of local and regional authorities. The assessment shall consider the available and economically feasible technologies for industrial and domestic uses in order to set out milestones and measures to ▌increase the use of renewable energy sources in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling and small-scale households and SMEs with a view to establishing a long-term national strategy to reduce greenhouse gas emissions and air pollution originating from heating and cooling. Such strategy shall take into account the different level of heat quality (high, medium, low temperature) specific to various processes and uses. The assessment shall be in accordance with the energy efficiency first principle and part of the integrated national energy and climate plans referred to in Articles 3 and 14 of  Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.’;

(c)   in paragraph 2, first subparagraph, point (a) is deleted.

(ca) in paragraph 2, the following subparagraph is added:

‘Member States shall in particular provide information to the owners or tenants of buildings and SMEs on cost-effective measures, and financial instruments, to improve the use of renewable energy in the heating and cooling systems. Member States shall provide the information through accessible and transparent advisory tools based in one-stop shops.’;

 

(d) paragraph 4 is replaced by the following:

 

‘4. To achieve the average annual increase referred to in paragraph 1, first subparagraph, Member States shall implement at least three of the following measures::

 

(a) physical incorporation of renewable energy or waste heat and cold in the energy sources and fuels supplied for heating and cooling;

(b) installation of highly efficient renewable heating and cooling systems in buildings, connection of buildings to high efficiency district heating and cooling systems or use of renewable energy or waste heat and cold in industrial heating and cooling processes;

(c) measures covered by tradable certificates proving compliance with the obligation laid down in paragraph 1, first subparagraph, through support to installation measures under point (b) of this paragraph, carried out by another economic operator such as an independent renewable technology installer or an energy service company providing renewable installation services;

(d) capacity building for national, regional and local authorities to map local renewable heating and cooling potential and plan, ▌ implement and advise on renewable projects and infrastructures;

(e) creation of risk mitigation frameworks to reduce the cost of capital for renewable heat and cooling and waste heat and cold projects, inter alia allowing for the bundling of smaller projects as well as linking such projects more holistically with other energy efficiency and building renovation measures;

(f) promotion of renewables heating and cooling purchase agreements for corporate and collective small consumers;

(g) planned replacement schemes of fossil heating sources, heating systems not compatible with renewable sources or fossil phase-out schemes with milestones;

(h) renewable heat planning, encompassing cooling, requirements at local and regional level;

(i) other policy measures, with an equivalent effect, including fiscal measures, support schemes or other financial incentives contributing to the installation of renewable heating and cooling equipment and the development of energy networks supplying renewable energy for heating and cooling in buildings and industry;

(j) promotion of the production of biogas and its injection into the gas grid, instead of its use for electricity production;

(k) measures promoting the integration of thermal energy storage technologies in heating and cooling systems;

(l) promotion of consumer-owned renewable based district heating and cooling networks, in particular by renewable energy communities, including through regulatory measures, financing arrangements and support.

 

When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers including those who are tenants, in particular those in low-income or vulnerable households, and shall require a significant share of measures to be implemented as a priority in households living in a condition of energy poverty as defined in Directive ...[the Energy efficiency Directive recast] and in social housing, who would not otherwise possess sufficient up-front capital to benefit.’;

 

(13) Article 24 is amended as follows:

 

(a) paragraph 1 is replaced by the following:

 

‘1.  Member States shall support the renovation of existing and the development of highly efficient 4th and 5th generation renewable district heating and cooling networks fuelled exclusively by renewable energy sources and unavoidable waste heat or cold, following a positive economic and environmental cost-benefit analysis undertaken in partnership with local authorities involved. Member States shall ensure that information on the energy performance, the greenhouse gas emissions and the share of renewable energy in their district heating and cooling systems is provided to final consumers in an easily accessible manner, such as on bills or on the suppliers' websites and on request. The information on the renewable energy share shall be expressed at least as a percentage of gross final consumption of heating and cooling assigned to the customers of a given district heating and cooling system, including information on how much energy was used to deliver one unit of heating to the customer or end-user .’;

 

(b) paragraph 4 is replaced by the following:

 

‘4. Member States shall endeavour to increase the share of energy from renewable sources, including heat generated from electricity from renewable energy sources, and from waste heat and cold in district heating and cooling by at least 2.3  percentage points as an annual average calculated for the period 2021 to 2025 and for the period 2026 to 2030, starting from the share of energy from renewable sources, including heat generated from electricity from renewable energy sources, and from waste heat and cold in district heating and cooling in 2020, and shall lay down the measures necessary to that end. The share of renewable energy shall be expressed in terms of share of gross final energy consumption in district heating and cooling adjusted to normal average climatic conditions.

Member States with a share of energy from renewable sources and from waste heat and cold in district heating and cooling above 60 % may count any such share as fulfilling the average annual increase referred to in the first subparagraph.

Member States shall lay down the necessary measures to implement the average annual increase referred to in the first subparagraph in their integrated national energy and climate plans pursuant to Annex I to Regulation (EU) 2018/1999.’;

 

(c) the following paragraph 4a is inserted:

 

‘4a. Member States shall ensure that operators of district heating or cooling systems above 25 MWth capacity are encouraged to connect third party suppliers of energy from renewable sources and from waste heat and cold or are encouraged to offer to connect and purchase heat or cold from renewable sources and from waste heat and cold from third-party suppliers based on non-discriminatory criteria to be set by the concerned Member State if such a connection is technically and economically feasible and, where such operators need to do one or more of the following:

(a) meet demand from new customers;

(b) replace existing heat or cold generation capacity;

(c) expand existing heat or cold generation capacity.’;

Member States may decide to count renewable electricity used for district heating and cooling in the annual average increase set out in paragraph 4 of this Article. Renewable electricity counted towards Article 7(1), point (b) shall not be taken into account for the purpose of achieving the goals set out in Article 7(1), point (a).

Where Member States decide to count renewable electricity used in district heating and cooling they shall notify it to the Commission before the introduction of such mechanism. Member States shall include the amount of renewable electricity used in district heating and cooling in their integrated national energy and climate progress reports pursuant to Article 17 of Regulation (EU) 2018/1999.’;

 

(d)  paragraphs 5 and 6 are replaced by the following:

 

‘5. Member States may allow an operator of a district heating or cooling system to refuse to connect and to purchase heat or cold from a third-party supplier in any of the following situations:

(a)  the system lacks the necessary capacity due to other supplies of heat or cold from renewable sources or of waste heat and cold;

(b) the heat or cold from the third-party supplier does not meet the technical parameters necessary to connect and ensure the reliable and safe operation of the district heating and cooling system;

(c)  the operator can demonstrate that providing access would lead to an excessive heat or cold cost increase for final customers compared to the cost of using the main local heat or cold supply with which the renewable source or waste heat and cold would compete;

(d) the operator’s system meets the definition of efficient district heating and cooling set out in [Article x of the proposed recast of the Energy Efficiency Directive].

 

Member States shall ensure that, when an operator of a district heating or cooling system refuses to connect a supplier of heating or cooling pursuant to the first subparagraph, information on the reasons for the refusal, as well as the conditions to be met and measures to be taken in the system in order to enable the connection, is provided by that operator to the competent authority. Member States shall ensure that an appropriate process is in place to remedy unjustified refusals.

6. Member States shall put in place, where needed, a coordination framework between district heating and cooling system operators and the potential sources of waste heat and cold in the industrial and tertiary sectors to facilitate the use of waste heat and cold. That coordination framework shall ensure the application of the energy efficiency first principle and facilitate dialogue as regards the use of waste heat and cold involving at least:

(a) district heating and cooling system operators;

(b) industrial and tertiary sector enterprises generating waste heat and cold that can be economically recovered via district heating and cooling systems, such as data centres, industrial plants, large commercial buildings, energy storage facilities, and public transport; ▌

(c) local authorities  responsible for planning and approving energy infrastructures;

(d) scientific experts working on the latest state of the art highly energy efficient fully renewables based district heating and cooling systems;

(e) renewable energy communities involved in heating and cooling.’;

 

(e) paragraphs 8, 9 and 10 are replaced by the following:

 

‘8. Member States shall establish a framework under which electricity distribution system operators will assess, at least every four years, in cooperation with the operators of district heating and cooling systems in their respective areas, the potential for district heating and cooling systems to provide balancing and other system services, including demand response and thermal storage of excess electricity from centralised and decentralised renewable sources, and whether the use of the identified potential would be more resource- and cost-efficient than alternative solutions, in accordance with the energy efficiency first principle.

 

Member States shall ensure that electricity transmission and distribution system operators take due account of the results of the assessment required under the first subparagraph in grid planning, grid investment and infrastructure development in their respective territories.

 

Member States shall facilitate coordination between operators of district heating and cooling systems and electricity transmission and distribution system operators to ensure that balancing, storage and other flexibility services, such as demand response, provided by district heating and district cooling system operators, can participate in their electricity markets on a non-discriminatory basis.

 

Member States may extend the assessment and coordination requirements under the first and third subparagraphs to gas transmission and distribution system operators, including hydrogen networks and other energy networks.

 

9.  Member States shall ensure that the rights of consumers and the rules for operating district heating and cooling systems in accordance with this Article are clearly defined, publicly available and enforced by the competent authority.

 

10. A Member State shall not be required to apply paragraph 2 where at least one of the following conditions is met:

(a)  its share of district heating and cooling was less than or equal to 2 % of the gross final energy consumption in heating and cooling on 24 December 2018;

(b)  its share of district heating and cooling is increased above 2 % of the gross final energy consumption in heating and cooling on 24 December 2018 by developing new efficient district heating and cooling based on its integrated national energy and climate plan pursuant to Annex I to Regulation (EU) 2018/1999 and the assessment referred to in Article 23(1a) of this Directive; 

(c) 90 % of the gross final energy consumption in district heating and cooling systems takes place in district heating and cooling systems meeting the definition laid down  in [Article x of the proposed recast of the Energy Efficiency Directive].’;

 

(14) Article 25 is replaced by the following:

 

‘Article 25

 Greenhouse gas intensity reduction in the transport sector from the use of renewable energy

 

1. Each Member State shall set an obligation on fuel suppliers to ensure that:

(a) the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 16 % by 2030, compared to the baseline set out in Article 27(1), point (b), in accordance with a trajectory set by the Member State;

(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least ▌0,5 % in 2025 and at least 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2028 and at least 5,7 %in 2030.

(ba) from 2030, fuel suppliers shall deliver at least 1,2 % renewable fuels of non-biological origin and renewable hydrogen, to the hard to abate maritime mode. A Member State which has no maritime ports in its territory may choose not to apply this provision. Any Member State that intends to avail itself of that derogation shall notify the Commission no later than one year after ... [the entry into force of this amending Directive]. Any subsequent change shall also be communicated to the Commission.

If the list of feedstock set out in Part A and of Annex IX is amended in accordance with Article 28(6), the minimum share of advanced biofuels and biogas produced from the feedstock in the energy supplied to the transport sector referred to in point (b) of this paragraph shall be increased accordingly and shall be based on an impact assessment by the Commission.

The Commission shall assess the obligation laid down in paragraph 1 with a view to submitting a legislative proposal by 2025 to increase it where there are further substantial costs reductions in the production of renewable energy, where needed to meet the Union's international commitments for decarbonisation, or where a significant decrease in energy consumption in the Union justifies such an increase.

For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional transport fuels. For the calculation of the reduction referred to in point (a), Member States may take into account recycled carbon fuels.

When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels.

2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to light and heavy duty electric vehicles through public recharging stations or renewable energy shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph. Member States may decide to include private recharging stations in the mechanism referred to in the first subparagraph provided it can be demonstrated that renewable electricity supplied to those private recharging stations is provided solely to electric vehicles.’;

 

(15) Article 26 is amended as follows:

 

 (a) paragraph 1 is amended as follows:

  (i) the first subparagraph  is replaced by the following:

 ‘For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.

At the request of a Member State, the Commission may allow a derogation from the first subparagraph allowing Member States to exclude bioliquids used for electricity production in outermost regions within the meaning of Article 349 TFEU from the calculation of the ceiling of 7% of final consumption of energy in the road and rail transport sector referred to in the first subparagraph, provided that such derogation is justified by local specificities. Member States shall make the request for the derogation to the Commission by ... [date of transposition of this amending Directive] and provide up-to-date scientific and technical justifications for such derogation. The Commission shall decide on the request of the Member State within three months of its receipt.’

 

(i a) the second subparagraph is replaced by the following:

‘Where the share of biofuels and bioliquids referred to in the first subparagraph is below 1 % in a Member State, it may be increased to a maximum of 2 % of the final consumption of energy in the road and rail transport sectors.’

 

(ii) the fourth subparagraph  is replaced by the following:

 ‘Where the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, produced from food and feed crops in a Member State is limited to a share lower than 7 % or a Member State decides to limit the share further, that Member State may reduce the greenhouse gas intensity reduction target referred to in  Article 25(1),  first subparagraph, point (a), accordingly, in view of the contribution these fuels would have made in terms of greenhouse gas emissions saving. For that purpose, Member States shall consider those fuels save 50 % greenhouse gas emissions.’;

(b)  ▌paragraph 2 is amended as follows:

(i)  in the first and fifth subparagraphs, ‘the minimum share referred to in the first subparagraph of Article 25(1)’ is replaced by ‘the greenhouse gas emission reduction target referred to in Article 25(1), first subparagraph, point (a)’;

(ii) the second subparagraph is replaced by the following:

‘By ... [date of entry into force of this amending Directive], that limit shall decrease to 0 %.’

 

(iii) the following subparagraph is inserted after the fourth subparagraph:

‘By 30 June 2023, the Commission shall submit to the European Parliament and to the Council an update of the report on the status of worldwide production expansion of the relevant food and feed crops. That update shall include the most recent data from the last two years with regard to deforestation and high indirect land use change risk feedstocks, and shall address other high risk commodities in the category of high indirect land use change risk feedstocks. For the purposes of the delegated acts referred to in the sixth subparagraph, the maximum share of the average annual expansion of the global production area in high carbon stocks shall be 7,9%.’;

 

 

(16) Article 27 is amended as follows:

 

(a) the title is replaced by the following:

‘Calculation rules in the transport sector and with regard to renewable fuels of non-biological origin regardless of their end use’;

 

(b) paragraph 1 is replaced by the following:

‘1. For the calculation of the greenhouse gas intensity reduction referred to in Article 25(1), first subparagraph, point (a), the following rules shall apply:

(a) the greenhouse gas emissions savings shall be calculated as follows:

(i) for biofuel and biogas, by multiplying the amount of these fuels supplied to all transport modes by their emissions savings determined in accordance with Article 31;

(ii) for renewable fuels of non-biological origin and recycled carbon fuels, by multiplying the amount of these fuels that is supplied to all transport modes by their emissions savings determined in accordance with delegated acts adopted pursuant to Article 29a(3);

(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by a fossil fuel comparator.

The comparator ECF(e) set out in in Annex V shall be used until 31 December 2029. From 1 January 2030 onwards, the comparator EF(t) set out in in Annex V shall be used.

However, the greenhouse gas emissions savings achieved in 2030 by the use of renewable electricity in transport, calculated in application of the EF(t) comparator, shall constitute an additional contribution of renewable electricity of what was already achieved up until 31 December 2029 with the ECF(e) comparator for the calculation of emission savings from 2030 onwards.

(b) the baseline referred to in Article 25(1) shall be calculated by multiplying the amount of energy supplied to the transport sector by the fossil fuel comparator EF(t) set out in Annex V;

(c) for the calculation of the relevant amounts of energy, the following rules shall apply:

(i) in order to determine the amount of energy supplied to the transport sector, the values regarding the energy content of transport fuels set out in Annex III shall be used;

(ii) in order to determine the energy content of transport fuels not included in Annex III, the Member States shall use the relevant European standards for the determination of the calorific values of fuels. Where no European standard has been adopted for that purpose, the relevant ISO standards shall be used;

(iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the Member State in the two previous years. By way of exception, where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector, that electricity shall be fully counted as renewable;

(iv) the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX in the energy content of fuels and electricity supplied to the transport sector shall, except  in Cyprus and Malta, be limited to 1,7 %;

If the list of feedstock set out in Part B of Annex IX is amended in accordance with Article 28(6), the cap of such biofuels and biogas shall be increased accordingly and shall be based on an impact assessment by the Commission.

 

(d) the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas and renewable electricity supplied to all transport modes by the baseline.

The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by adapting the energy content of transport fuels, as set out in Annex III, in accordance with scientific and technical progress;’;

 

(c) the following paragraph 1a is inserted:

‘1a. For the calculation of the targets referred to in Article 25(1), first subparagraph, point (b), the following rules shall apply:

(a) for the calculation of the denominator, that is the amount of energy consumed in the transport sector, all fuels and electricity supplied to the transport sector shall be taken into account;

(b) for the calculation of the numerator, the energy content of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and renewable fuels of non-biological origin supplied to all transport modes in the territory of the Union shall be taken into account;

(c) the shares of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and of renewable fuels of non-biological origin supplied in the aviation and maritime modes shall be considered to be 1,2 times their energy content.’;

 

(d) paragraph 2 is deleted;

(e) paragraph 3 is amended as follows:

(i) the first, second and third subparagraphs are deleted;

(ii) the fourth subparagraph is replaced by the following:

‘Where electricity is used for the production of renewable fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured two years before the year in question, shall be used to determine the share of renewable energy.’;(iii)  in the fifth subparagraph, the introductory phrase is replaced by the following:

‘However, electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin, provided that the installation :’;

 

 

 

 

 

 

(17) Article 28 is amended as follows:

(a) paragraphs 2, 3 and 4 are deleted.

(b) paragraph 5 is replaced by the following:

‘By 31 December 2024, the Commission shall adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology to determine the share of biofuel, and biogas for transport, resulting from biomass being processed with fossil fuels in a common process.’;

(ba) in paragraph 6, points (c) and (d) are replaced by the following:

‘(c) the need to avoid significant distortive effects on markets for (by-)products, wastes or residues, taking into account the future availability of raw materials and the need to avoid market distortion leading to massive imports of raw materials;

(d) the potential for delivering substantial greenhouse gas emissions savings compared to fossil fuels based on a life- cycle assessment of emissions, taking into account available volumes of feedstock and share of pre-existing competing industrial uses with due regard to national specificities;’;

(c) in paragraph 7, ‘laid down in the fourth subparagraph of Article 25(1)’ is replaced by ‘laid down in Article 25(1), first subparagraph, point (b)’;

 

(18) Article 29 is amended as follows:

(a) paragraph 1 is amended as follows:

(-i) in the first subparagraph, the introductory wording is replaced by the following:

‘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 subparagraph only if they fulfil the sustainability and the greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 of this Article, and if they respect the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and take into account the cascading principle referred to in Article 3:’

(i) in the first subparagraph, point (a) is replaced by the following:

‘(a) contributing towards the renewable energy shares of Member States and the targets referred to in Articles 3(1),15a(1), 22a(1), 23(1), 24(4), and 25(1) of this Directive;’;

(i a) the following subparagraph  is inserted after the first subparagraph:

‘Energy from solid biomass fuels shall not be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph if these are derived from primary woody biomass as defined in Article 2 of this Directive’;

(i b) the second subparagraph is replaced by the following:

‘However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. In the case of the use of mixed wastes, however, the operators are required to apply mixed waste sorting systems of defined quality aimed at removing fossil materials. This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.’;

(ii) the fourth subparagraph is replaced by the following:

‘Biomass fuels shall fulfil the sustainability and greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 if used,

– (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 7,5 MW,

– (b) in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 2 MW,

– (c) in the case of installations producing gaseous biomass fuels with the following average biomethane flow rate:

(i) above 500 m3 methane equivalent/h measured at standard conditions of temperature and pressure (i.e. 0ºC and 1 bar atmospheric pressure);

(ii)  if biogas is composed of a mixture of methane and non-combustible other gases, for the methane flow rate, the threshold set out in point (i), recalculated proportionally to the volumetric share of methane in the mixture.’;

(iii)  the following subparagraph is inserted after the fourth subparagraph:

‘Member States may apply the sustainability and greenhouse gas emissions saving criteria to installations with lower total rated thermal input or biomethane flow rate.’;

(aa)  in paragraph 3, the first subparagraph is replaced by the following:

‘Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with a high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status:

(a) primary and old-growth forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;

(b) highly biodiverse forest and other wooded land 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 production of that raw material did not interfere with those nature protection purposes;

(c) areas designated:

(i) by law or by the relevant competent authority for nature protection purposes; or

(ii) 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, subject to their recognition in accordance with the first subparagraph of Article 30(4), unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;

(d) highly biodiverse grassland spanning more than one hectare that is:

(i) natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; or

(ii) non ­natural, namely grassland that would cease to be grassland in the absence of human intervention and that is species­rich 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.

(iii) heathland that maintains the natural species composition and ecological characteristics and processes.’

(b) in paragraph 3, the following subparagraph is inserted after the first subparagraph:

‘This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass.’;

(c) ▌paragraph 4 is replaced by the following:

‘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 the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with high­ carbon stock, namely land that had one of the following statuses in January 2008 and no longer has that status:

(a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;

(b) continuously forested areas, namely land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ;

(c) land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex V is applied, the conditions laid down in paragraph 10 of this Article would be fulfilled;

(ca) heathland that maintains the natural species composition and ecological characteristics and processes.

This paragraph shall not apply if, at the time the raw material was obtained, the land had the same status as it had in January 2008.

The first subparagraph, with the exception of points (b) and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass.’;

(d) paragraph 5 is replaced by the following:

‘5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil and compliance on national or subnational level, in line with the criteria to minimise the risk of using forest biomass derived from unsustainable production referred to in paragraph 6, can be reported by competent national authority.’;

(da) the following paragraph is inserted:

‘5a. Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained in a country that is not Party to the Paris Agreement’;

(e) in paragraph 6, the first subparagraph is amended as follows:

(i) the introductory wording is replaced by the following:

‘Biofuels, bioliquids and biomass fuels produced from forest biomass, taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be derived from primary woody biomass,  fully respect the waste hierarchy as set out in Article 4 of Directive 2008/98/EC, take into account the cascading principle referred to in Article 3, and shall meet the following criteria to minimise the risk of using woody biomass derived from unsustainable production:’;

(ii) in point (a), point (iii) is replaced by the following:

‘(iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands, grassland, heathland and peatlands, are protected with the aim of preserving biodiversity and to prevent habitat destruction as set out in Directives 2009/147/EC and 92/43/EEC, the environmental status of oceans as set out in Directive 2008/56/EC as well as the ecological status of rivers as set out in Directive 2000/60/EC;’;

(iii) in point (a), point (iv) is replaced by the following:

 (iv) that harvesting is carried out ensuring maintenance of soil quality and biodiversity with the aim of preventing negative impacts, in a way that prevents harvesting of stumps and roots not suitable for material use e.g.  through the use of sustainable forest management practices, degradation of primary and old-growth forests or their conversion into plantation forests, and harvesting on vulnerable soils; prevents clear-cuts, unless this leads to favourable and appropriate ecosystem conditions, ensures locally and ecologically appropriate thresholds for deadwood extraction, and ensures requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats: ’;

(v) in ▌point (b), point (iv) is replaced by the following:

 ‘(iv) that harvesting is carried out ensuring maintenance of soil quality and biodiversity with the aim of preventing negative impacts, in a way that prevents harvesting of stumps and roots not suitable for material use e.g.  through the use of sustainable forest management practices, degradation of primary and old-growth forests or their conversion into plantation forests, and harvesting on vulnerable soils; prevents clear-cuts, unless this leads to favourable and appropriate ecosystem conditions, ensures locally and ecologically appropriate thresholds for deadwood extraction, and ensures requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’;

(fa) the following paragraph is inserted:

“7a. Biofuels, bioliquids and biomass fuels produced from forest biomass shall not exceed the cap defined at national level for the use of forest biomass that is consistent with the Member State’s targets on carbon sink growth as defined in Regulation ... [the revised Regulation 2018/841].”;

(g) in paragraph 10, first subparagraph, point (d) is replaced by the following:

‘(d) at least 70 % for electricity, heating and cooling production from biomass fuels used in installations until 31 December 2025, and at least 80 % from 1 January 2026.’;

(ga) in paragraph 11, the introductory wording is replaced by the following:

‘Electricity from biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 only if the fuels in use do not include primary woody biomass and it meets one or more of the following requirements:’;

(gb) paragraph 14 is replaced by the following:

‘14.  For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1, Member States may establish additional sustainability criteria for biofuels, bioliquids and biomass fuels.’;

 

(19) the following Article 29a is inserted:

 

‘Article 29a

Greenhouse gas emissions saving criteria for renewable fuels of non-biological origin and recycled carbon fuels

1. Energy from renewable fuels of non-biological origin shall be counted towards Member States’ shares of renewable energy and the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1) only if the greenhouse gas emissions savings from the use of those fuels are at least 70 %.

2. Energy from recycled carbon fuels may be counted towards the greenhouse gas emissions reduction target referred to in Article 25(1), first subparagraph, point (a), only if the greenhouse gas emissions savings from the use of those fuels are at least 70%.

3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law. The carbon content of the wastes and their release to the atmosphere shall be included in the methodology.

In any event, the methodology for assessing greenhouse gas emissions savings from recycled carbon fuels shall consider, in a life-cycle approach, the embedded carbon.’;

 

(19a) the following Article 29b is inserted:

 ‘Article 29b

Sustainability criteria for hydropower plants

For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 of Article 29 energy generated by hydropower shall be produced at a plant which in accordance with Directive 2000/60/EC and in particular Articles 4 and 11 of that Directive has implemented all technically feasible and ecologically relevant mitigation measures to reduce adverse impacts on water as well measures to enhance protected habitats and species directly dependent on water, which include at least the following measures:

(a) enabling efficient and effective upstream and downstream fish migration

(b) ensuring minimum ecological flow at all times.

Hydropower plants that were commissioned after 31 December 2022 shall further comply with the following condition:

(a) shall not be located at a site prioritised for a barrier removal to achieve longitudinal connectivity to reach the target of free flowing rivers under the Biodiversity Strategy.’;

 

(20) Article 30 is amended as follows:

 

(a) in paragraph 1, first subparagraph, the introductory phrase is replaced by the following:

 

‘Where renewable fuels and recycled carbon fuels are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show via mandatory independent and publicly available audits that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels and recycled-carbon fuels have been fulfilled. For that purpose, they shall require economic operators to use a mass balance system which:’;

 

(b) in paragraph 3, the first and second subparagraphs are replaced by the following:

 

‘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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), take into account EU biodiversity targets, and that economic operators make available to the relevant Member State, upon request, and to the public the data used to develop that information. Member States shall accredit independent assurance service providers in accordance with Regulation (EC) No 765/2008 to provide an opinion on the information submitted, and to provide evidence that this has been done. In order to comply with Article 29(3), points (a), (b) and (d), Article 29(4), point (a), Article29(5), Article 29(6), point (a) and Article 29(7), point (a), the first or second party auditing may be used up to the first gathering point of the forest biomass. 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 waste or residue. It shall evaluate the frequency and methodology of sampling and the robustness of the data.

 

The obligations laid down in this paragraph shall apply regardless of whether renewable fuels and recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers in an up to date, easily accessible, and user-friendly manner on the websites of operators, suppliers and the relevant competent authorities as well as at refuelling stations and shall be updated on an annual basis.’;

 

(c) in paragraph 4, the first subparagraph is replaced by the following:

 

‘The Commission may decide that voluntary national or international schemes setting standards for the production of renewable fuels and recycled carbon fuels, provide accurate data on greenhouse gas emission savings for the purposes of Articles 29(10) and 29a (1) and (2), demonstrate compliance with Articles 27(3) and 31a(5), or demonstrate that consignments of biofuels, bioliquids and biomass fuels comply with the sustainability criteria laid down in Article 29(2) to (7). When demonstrating that the criteria laid down in Article 29(6) and (7) are met, the operators may provide the required evidence directly at sourcing area level. The Commission may 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 29(3), first subparagraph, point (c)(ii).’;

(ca) in paragraph 4, the second subparagraph is replaced by the following:

‘The Commission may decide that those schemes contain accurate information on measures taken for soil, water and air protection, for the restoration of degraded land and for the avoidance of excessive water consumption in areas where water is scarce ▌.’;

 

(d) paragraph 6 is replaced by the following:

‘6. Member States may set up national schemes where compliance with the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), in accordance with the methodology developed under Article 29a(3), is verified throughout the entire chain of custody involving competent national authorities. Those schemes may also be used to verify the accuracy and completeness of the information included by economic operators in the Union database, to demonstrate compliance with Article 27(3) and for the certification of biofuels, bioliquids and biomass fuels with low indirect land-use change-risk.

A Member State may notify such a national scheme to the Commission. The Commission shall give priority to the assessment of such a scheme in order to facilitate mutual bilateral and multilateral recognition of those schemes. The Commission may decide, by means of implementing acts, whether such a notified national scheme complies with the conditions laid down in this Directive. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(3).

Where the decision is positive, other schemes recognised by the Commission in accordance with this Article shall not refuse mutual recognition with that Member State’s national scheme as regards verification of compliance with the criteria for which it has been recognised by the Commission.

For installations producing electricity heating and cooling with a total rated thermal input between 5 and 20 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.’;

(e) in paragraph 9, the first subparagraph is replaced by the following:

 

‘9. Where an economic operator provides evidence or data obtained in accordance with a scheme that has been the subject of a decision pursuant to paragraph 4 or 6, a Member State shall not require the economic operator to provide further evidence of compliance with the elements covered by the scheme for which the scheme has been recognised by the Commission.’;

 

(f) paragraph 10 is replaced by the following:

’10. At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the sustainability and greenhouse gas emissions saving criteria laid down in Article 29(2) to (7) and (10) and Article 29a(1) and (2) in relation to a source of renewable fuels and recycled carbon fuels have been met.

Within six months of receipt of such a request and in accordance with the examination procedure referred to in Article 34(3), the Commission shall, by means of implementing acts, decide whether the Member State concerned may either:

(a) take into account the renewable fuels and recycled carbon fuels from that source for the purposes referred to in points (a), (b) and (c) of the first subparagraph of Article 29(1); or

(b) by way of derogation from paragraph 9 of this Article, require suppliers of the source of renewable fuels and recycled carbon fuels to provide further evidence of compliance with those sustainability and greenhouse gas emissions saving criteria and those greenhouse gas emissions savings thresholds.’;

 

▌

(22) the following Article is inserted:

 

‘Article 31a

Union database

1. By ... [three months after entry into force of this amending Directive], the Commission shall ensure that a Union database is set up to enable the tracing of biomass fuels, liquid and gaseous renewable fuels and recycled carbon fuels (the “Union Database”).

2. Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and on the sustainability criteria of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union. The interconnected gas system shall be considered to be a single mass balance system. Information about injection and withdrawal shall be provided in the Union Database for gaseous fuels. Information on whether support has been provided for the production of a specific consignment of fuel, and if so, on the type of support scheme, shall also be included in the database.

Where appropriate to improve traceability of data along the entire supply chain, the Commission is empowered to adopt delegated acts in accordance with Article 35 to further extend the scope of the information to be included in the Union database to cover relevant data from the point of production or collection of the raw material used for the fuel production.

Member States shall require fuel suppliers to enter the information necessary to verify compliance with the requirements laid down in Article 25(1), first subparagraph, into the Union database.

Notwithstanding subparagraphs 1 to 3, for gaseous renewable fuels and for gaseous fuels injected into the European gas system, economic operators should enter information on the transactions made and the sustainability criteria and other relevant information such as GHG emissions of the fuels up to the injection point to the interconnected gas system, where the mass balancing traceability system is complemented by guarantees of origin.

3. Member States shall have access to the Union database for the purposes of monitoring and data verification. 

4. Where guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are cancelled after the consignment of renewable gases is withdrawn from the European interconnected system for gas.

5. Member States shall ensure that the accuracy and completeness of the information included by economic operators in the database is verified, for instance by using voluntary or national schemes, which may be complemented by a system of guarantees of origin.

 

5a. The database shall be made publicly available in an open, transparent and user-friendly manner and kept up-to-date.

The Commission shall publish annual reports for the general public about the information reported in the Union database including the quantities, the geographic origin and feedstock type of renewable and low carbon fuels.

 

(22a) Article 33 is amended as follows:

(a) in paragraph 3, the first subparagraph is replaced by the following:

‘3. In 2025, the Commission shall submit, if appropriate, a legislative proposal on the regulatory framework for the promotion of energy from renewable sources for the period after 2030.’;

(b) in paragraph 3, the following subparagraph is added:

‘When preparing the legislative proposal referred to in the first subparagraph the Commission shall take into account:

(a) the advice of the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009;

(b) the projected indicative Union greenhouse gas budget referred to set out in Article 4(4) of  Regulation (EU) 2021/1119;

(c) the integrated national energy and climate plans submitted by Member States by 30 June 2024 pursuant to Article 14 (2) of Regulation (EU) 2018/1999;

(d) the experience gained by the implementation of this Directive, including its sustainability and greenhouse gas emissions saving criteria; and

(e) technological developments in energy from renewable sources.’;

(c) the following paragraph is added:

 

‘4a. By ... [two years after entry into force of this amendinge Directive], the Commission shall review the implementation of this Directive and publish a report setting out the conclusions of its review. The review shall, in particular, examine the following:

(a) the external effects of the deployment of renewable energy and its impact on the environment;

(b) the socio-economic benefits of the implementation of this Directive;

(c) the status of the implementation of related renewables energy initiatives under the RepowerEU;

(d) whether the increase in demand for electricity in the transport, industry, building and heating and cooling sectors and RFNBOs is met with equivalent amounts of renewable generation capacities;

The Commission and the competent authorities in the Member States shall continuously adapt to best administrative practices administrative procedures and take all other measures to simplify the implementation of this Directive, and reduce compliance costs for involved actors and affected sectors to a minimum.’;

 

(23) Article 35 is amended as follows:

(a) paragraph 2 is replaced by the following:

 ‘The power to adopt delegated acts referred to in Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), second subparagraph, and Article 31a(2), second subparagraph, shall be conferred on the Commission for a period of five years from [the entry into force of this amending Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.’;

(b) paragraph 4 is replaced by the following:

 ‘The delegation of power referred to in Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph,  may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’;

(c) paragraph 7 is replaced by the following:

 ‘A delegated act adopted pursuant to Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;

 

(24) the Annexes are amended in accordance with the Annexes to this Directive.

Article 2

Amendments to Regulation (EU) 2018/1999 

(1) Article 2 is amended as follows:

(a) point 11 is replaced by the following:

‘(11) ‘the Union's 2030 targets for energy and climate’ means the Union-wide binding target of at least 40 % domestic reduction in economy-wide greenhouse gas emissions as compared to 1990 to be achieved by 2030, the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001, the Union-level headline target of at least 32,5 % for improving energy efficiency in 2030, and the 15 % electricity interconnection target for 2030 or any subsequent targets in this regard agreed by the European Council or by the European Parliament and by the Council for 2030.’;

(b) in point 20, point (b) is replaced by the following:

‘(b) in the context of Commission recommendations based on the assessment pursuant to point (b) of Article 29(1) with regard to energy from renewable sources, a Member State's early implementation of its contribution to the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001 as measured against its national reference points for renewable energy;’;

(2) In Article 4, point (a)(2) is replaced by the following:

‘(2) with respect to renewable energy:

 With a view to achieving the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001, a contribution to that target in terms of the Member State's share of energy from renewable sources in gross final consumption of energy in 2030, with an indicative trajectory for that contribution from 2021 onwards. By 2022, the indicative trajectory shall reach a reference point of at least 18 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target, and its contribution to the 2030 target. By 2025, the indicative trajectory shall reach a reference point of at least 43 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target and its contribution to the 2030 target. By 2027, the indicative trajectory shall reach a reference point of at least 65 % of the total increase in the share of energy from renewable sources between that Member State's binding 2020 national target and its contribution to the 2030 target.

 By 2030, the indicative trajectory shall reach at least the Member State's planned contribution. If a Member State expects to surpass its binding 2020 national target, its indicative trajectory may start at the level it is projected to achieve. The Member States' indicative trajectories, taken together, shall add up to the Union reference points in 2022, 2025 and 2027 and to the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001. Separately from its contribution to the Union target and its indicative trajectory for the purposes of this Regulation, a Member State shall be free to indicate higher ambitions for national policy purposes.’;

(3) In Article 5, paragraph 2 is replaced by the following:

 ‘2. Member States shall collectively ensure that the sum of their contributions amounts to at least the level of the Union's binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001.’;

 

(4) In Article 29, paragraph 2 is replaced by the following:

‘2. In the area of renewable energy, as part of its assessment referred to in paragraph 1, the Commission shall assess the progress made in the share of energy from renewable sources in the Union's gross final consumption on the basis of an indicative Union trajectory that starts from 20 % in 2020, reaches reference points of at least 18 % in 2022, 43 % in 2025 and 65 % in 2027 of the total increase in the share of energy from renewable sources between the Union's 2020 renewable energy target and the Union's 2030 renewable energy target, and reaches the Union’s binding target for renewable energy in 2030 as referred to in Article 3 of Directive (EU) 2018/2001.’;

 

Article 3

Amendments to Directive 98/70/EC

Directive 98/70/EC is amended as follows:

 

(1)  Article 1 is replaced by the following:

‘Article 1

  Scope

This Directive sets, in respect of road vehicles, and non-road mobile machinery (including inland waterway vessels when not at sea), agricultural and forestry tractors, and recreational craft when not at sea, technical specifications on health and environmental grounds for fuels to be used with positive ignition and compression-ignition engines, taking account of the technical requirements of those engines.’;

 

(2) Article 2 is amended as follows:

(a) points 1, 2 and 3 are  replaced by the following:

‘1. ‘petrol’ means any volatile mineral oil intended for the operation of internal combustion positive-ignition engines for the propulsion of vehicles and falling within CN codes 2710 12 41, 2710 12 45 and 2710 12 49;

2. ‘diesel fuels’ means gas oils falling within CN code 2710 19 43[27] as referred to in Regulation (EC) No 715/2007 of the European Parliament and the Council[28] and Regulation (EC) 595/2009 of the European Parliament and of the Council[29] and used for self-propelling vehicles;

‘3. ‘gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors, and recreational craft’ means any petroleum-derived liquid, falling within CN codes 27101943[30], referred to in Directive 2013/53/EU of the European Parliament and of the Council[31], Regulation (EU) 167/2013 of the European Parliament and of the Council[32] and Regulation (EU) 2016/1628 of the European Parliament and of the Council[33] and intended for use in compression ignition engines.’;

(b)  points 8 and 9 are  replaced by the following:

‘8. ‘supplier’ means ‘fuel supplier’ as defined in Article 2, first paragraph, point (38) of Directive (EU) 2018/2001of the European Parliament and of the Council[34];

‘9. ‘biofuels’ means ‘biofuels’ as defined in Article 2, first paragraph, point (33) of Directive 2018/2001;’;

 

(3) Article 4 is amended as follows:

(a) In paragraph 1, the second subparagraph is replaced by the following:

‘Member States shall require suppliers to ensure the placing on the market of diesel with a fatty acid methyl ester (FAME) content of up to 7%.’

(b)  Paragraph 2 is replaced by the following:

‘2. Member States shall ensure that the maximum permissible sulphur content of gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors and recreational craft is 10 mg/kg. Member States shall ensure that liquid fuels other than those gas oils may be used in inland waterway vessels and recreational craft only if the sulphur content of those liquid fuels does not exceed the maximum permissible content of those gas oils.’;

(4) Articles 7a to 7e are deleted.

(5) Article 9 is amended as follows:

(a) in paragraph 1, points (g), (h), (i) and (k) are deleted;

(b) paragraph 2 is deleted;

(6) Annexes I, II, IV and V are amended in accordance with Annex I to this Directive.

Article 4

Transitional provisions

(1) Member States shall ensure that the data collected and reported to the authority designated by the Member State with respect to the year [OJ: replace by calendar year during which the repeal takes effect] or a part thereof in accordance with Article 7a(1), third subparagraph, and Article 7a(7) of Directive 98/70/EC, which are deleted by Article 3(4) of this Directive, are submitted to the Commission.

 

(2) The Commission shall include the data referred to in paragraph 1 of this Article in any report it is obliged to submit under Directive 98/70/EC.

Article 5

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2023 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 6

Repeal

Council Directive (EU) 2015/652[35] is repealed with effect from [OJ: replace by calendar year during which the repeal takes effect].

Article 7

Entry into force

By December 2024, the Commission shall present a comprehensive impact assessment on the combined and cumulative effects of the "fit for 55" package, including this Directive.

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.

 

Done at Brussels,

For the European Parliament   For the Council

The President   The President

ANNEX I

The Annexes to Directive (EU) 2018/2001 are amended as follows:

(1)  in Annex I, the final row in the table is deleted;

▌

 

(3) Annex III is replaced by the following:

ENERGY CONTENT OF FUELS

Fuel	Energy content by weight (lower calorific value, MJ/kg)	Energy content by volume (lower calorific value, MJ/l)
FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS
Bio-Propane	46	24
Pure vegetable oil (oil produced from oil plants through pressing, extraction or comparable procedures, crude or refined but chemically unmodified)	37	34
Biodiesel - fatty acid methyl ester (methyl-ester produced from oil of biomass origin)	37	33
Biodiesel - fatty acid ethyl ester (ethyl-ester produced from oil of biomass origin)	38	34
Biogas that can be purified to natural gas quality	50	—
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of diesel	44	34
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of petrol	45	30
Hydrotreated (thermochemically treated with hydrogen) oil of biomass origin, to be used for replacement of jet fuel	44	34
Hydrotreated oil (thermochemically treated with hydrogen) of biomass origin, to be used for replacement of liquefied petroleum gas	46	24
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin to be used for replacement of diesel	43	36
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace petrol	44	32
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace jet fuel	43	33
Co-processed oil (processed in a refinery simultaneously with fossil fuel) of biomass or pyrolysed biomass origin, to be used to replace liquefied petroleum gas	46	23
RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS RENEWABLE SOURCES, INCLUDING BIOMASS
Methanol from renewable sources	20	16
Ethanol from renewable sources	27	21
Propanol from renewable sources	31	25
Butanol from renewable sources	33	27
Fischer-Tropsch diesel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons to be used for replacement of diesel)	44	34
Fischer-Tropsch petrol (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of petrol)	44	33
Fischer-Tropsch jet fuel (a synthetic hydrocarbon or mixture of synthetic hydrocarbons produced from biomass, to be used for replacement of jet fuel)	44	33
Fischer-Tropsch liquefied petroleum gas (a synthetic hydrocarbon or mixture of synthetic hydrocarbons, to be used for replacement of liquefied petroleum gas	46	24
DME (dimethylether)	28	19
Hydrogen from renewable sources	120	—
ETBE (ethyl-tertio-butyl-ether produced on the basis of ethanol)	36 (of which 37 % from renewable sources)	27 (of which 37 % from renewable sources)
MTBE (methyl-tertio-butyl-ether produced on the basis of methanol)	35 (of which 22 % from renewable sources)	26 (of which 22 % from renewable sources)
TAEE (tertiary-amyl-ethyl-ether produced on the basis of ethanol)	38 (of which 29 % from renewable sources)	29 (of which 29 % from renewable sources)
TAME (tertiary-amyl-methyl-ether produced on the basis of methanol)	36 (of which 18 % from renewable sources)	28 (of which 18 % from renewable sources)
THxEE (tertiary-hexyl-ethyl-ether produced on the basis of ethanol)	38 (of which 25 % from renewable sources)	30 (of which 25 % from renewable sources)
THxME (tertiary-hexyl-methyl-ether produced on the basis of methanol)	38 of which 14 % from renewable sources)	30 (of which 14 % from renewable sources)
NON-RENEWABLE FUELS
Petrol	43	32
Diesel	43	36
Hydrogen from non-renewable sources	120	—

(4)  Annex IV is amended as follows: 

a) the title is replaced by the following:

‘TRAINING AND CERTIFICATION OF INSTALLERS AND DESIGNERS OF RENEWABLE INSTALLATIONS’

b) the introductory sentence and the first point are replaced by the following:

‘The certification schemes and training programmes referred to in Article 18(3) shall be based on the following criteria:

1. The certification process shall be transparent and clearly defined by the Member States or by the administrative body that they appoint.’;

c) The following points 1a and 1b are inserted:

‘1a. The certificates issued by certification bodies shall be clearly defined and easy to identify for workers and professionals seeking certification.

1b. The certification process shall enable installers to put in place high  quality installations  that  operate reliably.’;

d) Points 2 and 3 are replaced by the following:

‘2. Installers of biomass, heat pump, shallow geothermal, solar ▌thermal energy and storage and demand-response technologies, including charging stations, shall be certified by an accredited training programme or training provider or formal qualification schemes according to national law.’

3. The accreditation of the training programme or provider shall be effected by Member States or by the administrative body that they appoint. The accrediting body shall ensure that the training, upskilling and reskilling programmes offered by the training provider are inclusive and have continuity and regional or national coverage.

The training provider shall have adequate technical facilities to provide practical training, including sufficient laboratory equipment or corresponding facilities to provide practical training.

The training provider shall offer, in addition to the basic training, shorter refresher and upskilling courses organised in training modules allowing installers and designers to add new competences, widen and diversify their skills across several technologies and their combinations. The training provider shall ensure adaptation of training to new renewable technologies in the context of buildings, industry and agriculture. Training providers shall recognise acquired relevant skills.

The training programmes and modules shall be designed to enable life-long learning in renewable installations and be compatible with vocational training for first time job seekers and adults seeking reskilling or new employment.

The training programmes shall be designed in order to facilitate acquiring qualification in different technologies and solutions and avoid limited specialisation in a specific brand or technology. The training provider may be the manufacturer of the equipment or system, institutes or associations.’;

da) Point 5 is replaced by the following:

‘5. The training course shall end with an examination leading to a certificate or qualification. The examination shall include a practical assessment of successfully installing biomass boilers or stoves, heat pumps, shallow geothermal installations, solar thermal installations or storage and demand-response technologies, including charging stations.’;

e) In point 6(c) the following points (iv) and (v) are added :

‘(iv) an understanding of feasibility and design studies;

(v) an understanding of drilling, in the case of geothermal heat pumps.’;

(5)  In Annex V, part C is amended as follows: 

a) points 5 and 6 are replaced by the following:

 ‘5. Emissions from the extraction or cultivation of raw materials, eec, shall, include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. If available, the disaggregated default values for soil N2O emissions set out in Part D shall be applied in the calculation. It is allowed to calculate averages based on local farming practices based on data of a group of farms, as an alternative to using actual values.’;

6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use[36].’;

b) point 15 is deleted:

c) point 18 is replaced by the following:

‘18. For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs, and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. ▌In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’;

 

(6)  In Annex VI, part B is amended as follows: 

a) points 5 and 6 are replaced by the following:

‘5. Emissions from the extraction or cultivation of raw materials, eec, shall, include emissions from the extraction or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO2 in the cultivation of raw materials shall be excluded. If available, the disaggregated default values for soil N2O emissions set out in Part D shall be applied in the calculation. It is allowed to calculate averages based on local farming practises based on data of a group of farms, as an alternative to using actual values.’

6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use[37].’;

b) point 15 is deleted:

c) point 18 is replaced by the following:

‘18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions.

In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation.

Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. ▌

In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’

(6a) In Annex VI, the following part Ba is inserted:

‘Ba.

Biomass fuel feedstocks for use in stationary installations outside the transport sector, including the following points: 

1. Biomass fraction of residues and waste in the primary food processing industry:

(a) beet pulp (only self-use internal to sector)

(b) herbs & leaves from beet washing

(c) cereal husks and fruit shells

(d) biomass fraction of industrial waste not fit for use in the food and feed chain

(e) the fibrous fraction of sugar beet after extraction of the diffusion juice, leaves and tails and other liquors obtained after sugar extraction

2. Biomass fraction of sludge from waste water treatment in the primary food processing industry;’;

 

(7)  in Annex VII, in the definition of ‘Qusable’, the reference to Article 7(4) is replaced by a reference to Article 7(3).

 

(8)  Annex IX is amended as follows:

(a)  in Part A, the introductory phrase is replaced by the following:

‘Feedstocks for the production of biogas for transport and advanced biofuels:’

(b)  In Part B, the introductory phrase is replaced by the following:

‘Feedstocks for the production of biofuels and biogas for transport, the contribution of which towards the greenhouse gas emissions reduction target established in Article 25(1),  first subparagraph, point (a), shall be limited:’;

 

ANNEX II

 Annexes I, II, IV and V to Directive 98/70/EC are amended as follows:

(1)  Annex I is amended as follows:

(a)  the text of footnote 1 is replaced by the following:

‘(1) Test methods shall be those specified in EN 228:2012+A1:2017. Member States may adopt the analytical method specified in replacement EN 228:2012+A1:2017 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical method it replaces.’ ;

(b)  the text of footnote 2 is replaced by the following:

 ‘(2) the values quoted in the specification are ‘true values’. In the establishment of their limit values, the terms of EN ISO 4259-1:2017/A1:2021 ‘Petroleum and related products — Precision of measurement methods and results – Part 1: Determination of precision data in relation to methods of test’ have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in EN ISO 4259-2:2017/A1:2019.’;

(c)  the text of footnote 6 is replaced by the following:

‘(6) Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228:2012 +A1:2017.’

(2)  Annex II is amended as follows:

(a)  in the last line of the table, ‘FAME content – EN 14078, the entry in the last column ‘Limits’ ‘Maximum’, ‘7,0’ is replaced by ’10.0’;

(b)  the text of footnote 1 is replaced by the following:

‘(1) Test methods shall be those specified in EN 590:2013+A1:2017. Member States may adopt the analytical method specified in replacement EN 590:2013+A1:2017 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical method it replaces.’;

(c)  the text of footnote 2 is replaced by the following:

‘(2) The values quoted in the specification are ‘true values’. In the establishment of their limit values, the terms of EN ISO 4259-1:2017/A1:2021 ‘Petroleum and related products — Precision or measurement methods and results – Part 1: Determination of precision data in relation to methods of test’ have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in EN ISO 4259-2:2017/A1:2019.’;

(3)  Annexes IV and V are deleted.

 

EXPLANATORY STATEMENT

Short Justification:

 

Guiding principle – with a regulatory framework and a market economy towards climate neutrality

 

If Europe is to contribute to the Paris Climate Agreement, it is crucial to revise the Renewable Energy Directive (RED III), increasing the amount of renewable energy as a percentage of total gross energy consumption from 32% to 40% by 2030. This extremely ambitious target can be achieved only through a massive expansion of renewable forms of energy in all sectors by means of innovative technology. The target underpins Europe’s ambition to expand its global leadership in innovation when it comes to environmental technologies.

 

Ambitious targets set the framework for market-based solutions in industry, construction and transport. The targets must be interlinked and must not lead to a double tax burden for energy consumers, for example through ETS pricing or labelling. The increase in the share of renewable forms of energy – through electrification, the use of electricity-based fuels and through bioenergy – must be technology neutral and allow for transitional solutions. However, the 40% share must consist of 100% renewables. The Paris targets are the benchmark.

 

Harnessing Single Market synergies – Shortening authorisation procedures – Promoting innovation

 

The Commission’s proposal neglects the contribution of the European single market to the energy transition. Also in view of the disappointing energy performance of the Recovery Fund, this report calls for a redoubling of ambitions for the cross-border deployment of relevant networks and other infrastructure projects for larger Member States.  ‘Labelling’ for renewable energy projects is intended to help shorten permit-granting procedures.

 

Energy transition projects must be given a high legal of priority in all Member States by means of fast-track planning procedures. In order to stabilise networks with increasing shares of renewable energy, it is important for European energy networks to be further integrated and interconnected. It doing so, it needs to be ensured that the development of renewables also keeps pace with the expansion and planning of the energy network, so as to also ensure optimal use of renewable energy when it comes to storage, for example through connected batteries. These need to be significantly more transparent for consumers in terms of storage capacity, state of charge and wear and tear. At the same time, we need to ensure Europe’s competitiveness, including through innovation. This is why the report calls for innovative forms of renewable energy technology, such as wave or tidal technology, to account for 5% of future capacity in each Member State between 2025 and 2035.

 

Speeding up hydrogen roll-out – Not limiting biomass availability

 

The climate objectives can be achieved only if all available decarbonisation options are exploited in all sectors. The Commission’s specifications for the production of green hydrogen and other renewable fuels of non-biological origin (RFNBOs) are too complicated and need to be simplified without adversely affecting the environment. Hydrogen production must not be reserved for specific installations in specific regions at specific times. Through H2 Power Purchase Agreements and guarantees of origin, a modern, digitalised market-based regulatory framework must be created that simplifies hydrogen procurement In view of existing waste hierarchies and natural differences, the cascade principle can lead to a double tax burden and should be the responsibility of the Member States.

 

Industry, transport, buildings – flexibility will enable the goal to be reached quicker

 

The approach of setting a binding target of 50 % for RFNBOs as raw materials and energy sources in industry is likely to be too ambitious and can be brought within reach only by speeding up approval procedures, a robust system of guarantees of origin and accepting that some percentage points need to come from low-carbon energy sources. This in no way changes the 40 % target for renewable energy with regard to final consumption. As a faster H2 ramp-up would appear possible from 2030, a 70 % target for green hydrogen (without low carbon) should be set for 2035. The renewable energy target in the buildings sector (49 %) is also very ambitious and must take into account, in addition to electrification, the use of green district heating and the integration of renewable gases into the existing gas network.

 

By contrast, the greenhouse gas reduction target in the transport sector should be increased to 20 %. At the same time, sub-targets for biofuels, synthetic fuels and e-fuels need to be increased to send a real signal with regard to technological openness and also to provide options for economic/transport sectors and regions which are hard to electrify. 

 

Financial viability:  Flexible aid framework required, use transitions to accelerate target achievement, accelerate green energy imports

 

Financial support and efficient regulation will be important, especially in the coming years, in order to compensate for competitive disadvantages incurred by companies. The new targets of RED III must be aligned with the requirements of the new EU climate, energy and environmental State aid guidelines (CEEAG) and the Gas Market Directive. Furthermore, the inclusion of low-carbon technologies in the sectoral targets should be considered as an accelerator of CO2 reduction. In any case, RED III must provide impetus for a large-scale import strategy for green electricity and hydrogen imports that also takes the relevant guarantees of origin and production criteria into account, and counts imports towards the achievement of the overall target or sector targets.

 

Improve impact assessments and cut red tape

 

The Commission can only provide robust impact assessments for a maximum target of 38-40% savings. It is not answerable for proposals beyond this. This directive has added a lot of requirements and reporting obligations (energy supply database, battery information, qualification certificates, third party access to district heating networks, coverage of smaller production facilities). These are to be reviewed or avoided if regulations are in place in the Member States. In accordance with the one-in-one-out principle, the Commission is called upon to submit proposals for the administrative relief of economic operators by a given deadline.

 

Legal and investment security should be achieved in particular through the directive itself. I therefore advocate that the Commission’s decision-making powers be exercised in accordance with the principles of subsidiarity and proportionality. Therefore, I am fundamentally critical of the large number of delegated acts that are to be granted to the Commission in the Renewable Energy Directive.

 

We have now reached a level of regulation and interdependence in the energy sector that can hardly be overlooked (see the interlinkages of RED III on the graph). An integrative approach is needed that combines reporting and evidence-related obligations for economic operators.

 

 

 

 

 

 

OPINION OF THE COMMITTEE ON DEVELOPMENT (24.5.2022)

for the Committee on Industry, Research and Energy

on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

(COM(2021)0557 – C9-0329/2021 – 2021/0218(COD))

Rapporteur for opinion: Hildegard Bentele

 

 

 

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 2

Text proposed by the Commission	Amendment
(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss.	(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss and food insecurity.

 

Amendment  2

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2a) Renewable energy is a key enabler of sustainable development, contributing directly and indirectly to many Sustainable Development Goals (SDGs), including poverty alleviation, education, water and sanitation. Renewables also bring broad socio-economic benefits, creating new jobs and fostering local industries.

Amendment  3

Proposal for a directive

Recital 2 b (new)

Text proposed by the Commission	Amendment
	(2b) The transformation of the Union's energy and transport system towards a system of energy self-sufficiency and clean power, which relies fully or mainly on renewable energy is not possible in the given timeline by relying on domestic renewable resources alone. To reduce the Union’s dependency on fossil fuels and fossil fuel imports, a broad and coherent strategy is needed, which would also include the import of renewable energy and renewable hydrogen from developing and least developed partner countries. Such a strategy should be part of a Union’s energy policy diplomacy, promoting the green energy transition also in developing partner countries and especially in least developed partner countries with the aim of attaining the international goals of the Paris Agreement, Agenda 2030 and the global SDGs.

Amendment  4

Proposal for a directive

Recital 2 c (new)

Text proposed by the Commission	Amendment
	(2c) There is enormous potential for the Union and its developing partner countries in terms of technology cooperation, renewable energy projects and clean energy exports and development of greater interconnectivity of clean energy grids. Despite their steady growth overall, renewable energy investments remain concentrated in a handful of regions and countries. Regions dominated by developing and emerging countries remain consistently underrepresented, attracting only about 15 % of global investments in renewables.  Union energy partnerships should target renewable energy generation projects as well as supporting the development of renewable energy projects and setting legal and financial frameworks and should include the provision of necessary technical assistance and knowledge transfer in close cooperation with the private sector. Commitments on good governance and the perspective of stable, long-term collaboration should be conditional for Union cooperation. Sustainable energy cooperation should be key priority for suitable countries under the Global Gateway Initiative.

 

 

Amendment  5

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target10 . Therefore, the target set out in Article 3 of that Directive needs to be increased.	(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 45% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target10 . Therefore, the target set out in Article 3 of that Directive needs to be increased.
_________________	_________________
9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209	9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209
10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people	10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people

 

Amendment  6

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3a) Apart from land use impacts, the increased demand for biofuels risks to perpetuate an agricultural model which contributes to decline in biodiversity and risks to intensify pressure on land being used illegally for agricultural purposes. The growth of biofuel consumption in Member States as well as in developing countries can be a driver of indirect land use change and food price volatility, posing a threat to food security. Therefore it is important that demand from the Union of renewable fuels of non-biological origin (RFNBOs) does not drive unsustainable production models outside the Union. To mitigate this risk, RFNBOs should meet a set of minimum criteria including regarding land and water use and must not be in competition with the needs of local communities provision for water, land and energy and must be in line with the objectives of the SDGs as well as the Paris Agreement and international agreements on biodiversity and the environment. A hierarchy of uses for food and feed crops should be reflected in the national policies and support schemes for bioenergy developed by each Member State and in partner countries. In the event of severe tensions on agricultural markets, food security should be prioritised.

 

Amendment  7

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission	Amendment
	(4a) In order to promote the sustainable circular economy and to achieve the objectives of their development, advanced biofuels and biogases produced from feedstocks listed in Part A of Annex IX to Directive (EU) 2018/2001 and not competing with the security of food supply, should count double towards the greenhouse gas emission intensity reduction target set out in Article 25(1), first subparagraph, point (a), of that Directive.

 

Amendment  8

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.	(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand, including by coordinating import strategies at Union level. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.

 

Amendment  9

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b a (new)

Directive (EU) 2018/2001

Article 3 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	(ba) the following paragraph is inserted:
	3a.  Member States shall ensure that their national policies, including the deriving obligations under Articles 25 to 28, and their support schemes are designed with due regard to the primacy of food and feed use of crops. For each food and feed product used in the production of bioenergy, Member States shall define a maximum price above which the support scheme for bioenergy using agricultural biomass which competes with food use is suspended. Member States may introduce a compensation scheme for economic operators involved in bioenergy production up to the amount of fixed costs not covered during the suspension period.

Amendment  10

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point c

Directive (EU) 2018/2001

Article 3 – paragraph 4a

Text proposed by the Commission	Amendment
4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.;	4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable energy to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable energy supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.;

 

 

Amendment  11

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point a – point i

Directive (EU) 2018/2001

Article 19 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources. Member States may arrange for guarantees of origin to be issued for energy from non-renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.;	To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources. Member States shall arrange for guarantees of origin to be issued for energy from non-renewable sources. For a transitional period until 2025, fast track procedures based on voluntary schemes shall apply. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.;

Amendment  12

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point b a (new)

Directive (EU) 2018/2001

Article 19 – paragraph 11

Present text	Amendment
	(ba) paragraph 11 is replaced by the following:
11. Member States shall not recognise guarantees of origins issued by a third country except where the Union has concluded 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 third country, and only where there is direct import or export of energy.	11. The Commission shall issue guidelines clarifying the Union requirements for recognising guarantees of origin issued by a third country, including the underlying associated governance conditions, for the purpose of facilitating and streamlining the achievement of such agreements with third countries. Member States shall not recognise guarantees of origins issued by a third country except where the issued Union guidelines have been complied with.

Amendment  13

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point b b (new)

Directive (EU) 2018/2001

Article 19 – paragraph 12 a (new)

Text proposed by the Commission	Amendment
	(bb) the following paragraph is inserted:
	12a.  Without prejudice to paragraph 11, the Commission shall offer a fast track procedure for voluntary schemes for a provisional period until 2025. The deliveries under provisional long-term contracts shall benefit from a grandfathering clause. A guarantees of origin scheme shall be in place by 2025.

 

Amendment  14

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2001

Article 22a – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. By ... [one year after the entry into force of this amending Directive], the Commission shall develop a global import strategy for RFNBOs and hydrogen. That strategy shall include indicative targets and measures for imports of renewable electricity, RFNBOs and renewable hydrogen. The Commission shall examine the possibility to support imports by establishing a platform to auction long-term delivery contracts. Member States shall take appropriate measures to implement the strategy in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999. The strategy shall also take into account the need to develop the access to energy to local peoples.

 

 

Amendment  15

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 3

Text proposed by the Commission	Amendment
When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels.	When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels. In the event of suspension of the national policy and support scheme as provided for in Article 3(3a), the obligation on fuel suppliers to reduce the greenhouse gas emission intensity as set out in paragraph 1, point (a), of this Article shall be calculated pro rata to the period of suspension and on the basis of the various renewable sources used in the previous year.

 

Amendment  16

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point i

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.;	For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from crops, shall be no higher than the share of such fuels in the final consumption of energy in the road and rail transport sectors in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the road and rail transport sectors in that Member State. In cases of severe disruption on food markets, Member States shall take temporary suspension measures on the production of  crop-based biofuels, bioliquids and biomass fuels, provided they are actually in competition with crops for food production, in order to  reduce energy demand for food commodities, secure additional food supply and stabilise global food commodity markets.

 

Amendment  17

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point b

Directive (EU) 2018/2001

Article 26 – paragraph 2

Text proposed by the Commission	Amendment
(b) in paragraph 2, first and fifth subparagraphs, ‘the minimum share referred to in the first subparagraph of Article 25(1)’ is replaced by ‘the greenhouse gas emission reduction target referred to in Article 25(1), first subparagraph, point (a)’;	(b) in paragraph 2, first and fifth subparagraphs, ‘the minimum share referred to in the first subparagraph of Article 25(1)’ is replaced by ‘the greenhouse gas emission reduction target referred to in Article 25(1), first subparagraph, point (a)’;
	in paragraph 2, first subparagraph, after "with high-carbon stock is observed" add the following words ", including palm and soy oil together with their co-products," and delete ", unless they are certified to be low indirect land-use change-risk biofuels, bioliquids or biomass fuels pursuant to this paragraph"

 

 

Amendment  18

Proposal for a directive

Article 1 – paragraph 1 – point 19

Directive (EU) 2018/2001

Article 29 a – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. To ensure a level playing field for RFNBOs, by ... [6 months from the entry into force of this amending Directive] the Commission shall draft a legislative proposal defining equivalent sustainability criteria for the production processes of hydrogen and other hydrogen derived synthetic fuels other than RFNBOs.

Amendment  19

Proposal for a directive

Article 1 – paragraph 1 – point 22 a (new)

Directive (EU) 2018/2001

Article 33 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	(22a) in Article 33, the following paragraph is inserted:
	"2a.  By 2023, and in line with the application of the "one-in-one-out" principle, the Commission shall, where appropriate, present proposals for the offsetting of the regulatory burdens introduced by this Directive, by means of the amendment or deletion of provisions in other Union legislative acts that generate compliance costs in the affected sectors."

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652
References	COM(2021)0557 – C9-0329/2021 – 2021/0218(COD)
Committee responsible  Date announced in plenary	ITRE 13.9.2021
Opinion by  Date announced in plenary	DEVE 11.11.2021
Rapporteur for the opinion  Date appointed	Hildegard Bentele 23.12.2021
Date adopted	16.5.2022
Result of final vote	+: –: 0:	18 6 0
Members present for the final vote	Eric Andrieu, Anna-Michelle Asimakopoulou, Hildegard Bentele, Dominique Bilde, Udo Bullmann, Catherine Chabaud, Antoni Comín i Oliveres, Ryszard Czarnecki, Gianna Gancia, Charles Goerens, Mónica Silvana González, Pierrette Herzberger-Fofana, Rasa Juknevičienė, Beata Kempa, Pierfrancesco Majorino, Erik Marquardt, Janina Ochojska, Michèle Rivasi, Christian Sagartz, Tomas Tobé, Miguel Urbán Crespo, Chrysoula Zacharopoulou, Bernhard Zimniok
Substitutes present for the final vote	Rosa Estaràs Ferragut, María Soraya Rodríguez Ramos, Carlos Zorrinho

 

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

18	+
ECR	Ryszard Czarnecki
ID	Gianna Gancia
NI	Antoni Comín i Oliveres
PPE	Anna-Michelle Asimakopoulou, Hildegard Bentele, Rosa Estaràs Ferragut, Rasa Juknevičienė, Janina Ochojska, Christian Sagartz, Tomas Tobé
Renew	Catherine Chabaud, Charles Goerens, María Soraya Rodríguez Ramos, Chrysoula Zacharopoulou
S&D	Eric Andrieu, Mónica Silvana González, Pierfrancesco Majorino, Carlos Zorrinho

 

6	-
ID	Dominique Bilde, Bernhard Zimniok
The Left	Miguel Urbán Crespo
Verts/ALE	Pierrette Herzberger-Fofana, Erik Marquardt, Michèle Rivasi

 

0	0

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY (24.5.2022)

for the Committee on Industry, Research and Energy

on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council,  Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council  as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

(COM(2021)0557 – C9‑0329/2021 – 2021/0218(COD))

Rapporteur for opinion(*): Nils Torvalds

(*) Associated committee – Rule 57 of the Rules of Procedure

 

SHORT JUSTIFICATION

Introduction

The Green Deal is at the heart of Europe’s strategy for new sustainable growth and jobs, and a catalyst for a transition with climate neutrality and the well-being of our citizens as key objectives. The Fit for 2030 package sets the framework for this transformation through a coherent set of proposals that builds on the existing climate and energy laws but takes them to a new level while ensuring synergies with other EU policies. The revised Renewable Energy Directive is a key component of this package, as we need to get it right, there is no time for second chances. It addresses, together with other interlinked proposals from the package one of the biggest challenges we are facing: the ever increasing demand for energy, whilst at the same time making sure that energy comes from renewable sources in order to reach the targets as set out by the European Climate Law and protecting our environment and well-being of our citizens at the same time.

 

The European Climate Law writes into law the goal set out in the European Green Deal for Europe’s economy and society to become climate-neutral by 2050. The law also sets the intermediate target of reducing net greenhouse gas emissions by at least 55% by 2030, compared to 1990 levels. Climate neutrality by 2050 means achieving net zero greenhouse gas emissions for EU by cutting emissions, investing in green technologies and protecting our natural environment. This entails a transition of historic dimensions, which Europe will undergo in the coming decades.

 

A stable and predictable regulatory investment framework

The Glasgow Pact calls to accelerate the development, deployment and dissemination of technologies, and the adoption of policies, to transition towards low-emission energy systems, including by rapidly scaling up the deployment of clean power generation and energy efficiency measures, including accelerating efforts towards the phasedown of unabated coal power and phase-out of inefficient fossil fuel subsidies, while providing targeted support to the poorest and most vulnerable in line with national circumstances and recognizing the need for support towards a just transition.

 

In order  to  decarbonize  European  energy  production  and  use,  which jointly  are  responsible  for  more  than  75%  of  EU  greenhouse  gas emissions, we need to accelerate the move away from fossil fuels and into zero carbon solutions, which currently generate just under one third  of  EU’s  electricity.  Europe has an enormous potential for developing all types of sustainable and renewable energy sources, and our aim should be a renewables-based and integrated energy-system throughout the continent. This will require ambitious targets for renewable energy in all member states. Renewable hydrogen is a promising technology, but availability at an acceptable price point before 2035 despite the best intentions of the Commission is far from guaranteed. The Union should enable the right conditions for new investments, so that the right choices will be made, not only this investment cycle, but also the next. This would also ensure a balanced transition. Therefore, the European Union needs to provide a stable and predictable regulatory environment, which will not only ensure the target of 55% in 2030 is met, but also climate neutrality by 2050. We also need to provide our citizens with improved transparency of the origin of electricity.

Proportionality and subsidiarity

The principles of proportionality and of subsidiarity are laid down in Article 5 TFEU. The principle of proportionality means that, to achieve its aims, the EU will only take the action it needs to and no more. The principle of subsidiarity should safeguard the ability of the Member States to take decisions and action and authorises intervention by the Union when the objectives of an action cannot be sufficiently achieved by the Member States, but can be better achieved at Union level. It furthermore ensures that powers are exercised as close to the citizen as possible. Therefore, when it comes to this legislation the Rapporteur supports the use of a Directive. The Commission rightly points out an EU approach is needed to provide the right incentives to Member States with different levels of ambition to accelerate, in a coordinated way, the energy transition from the traditional fossil fuel based energy system towards a more integrated and more energy-efficient energy system, based on renewables. As the cost-efficient accelerated development of sustainable renewable energy within a more integrated energy system cannot be sufficiently achieved by Member States alone. However, the use of delegated acts in the Directive is not in line with the general aim of the principles of proportionality and subsidiarity according to the Rapporteur. As the Union is justified in exercising its powers only when Member States are unable to achieve the objectives of a proposed action satisfactorily and an added value can be provided if the action is carried out at Union level.

 

Sustainability criteria

The Rapporteur welcomes the proposal of the European Commission, but feels this revision should guarantee also policy coherence and consistency. Therefore, he proposes to limit support for the use of primary forest biomass, whilst recognizing the need of continued support for the use of secondary forest biomass in order to ensure the EU climate targets for 2030 can be met. In order to do that he also introduces the necessary definitions. These measures will also better safeguard the ambition laid down in the Biodiversity Strategy, whilst recognising the differences, and different starting points, between Member States and regions regarding biodiversity.

 

Carbon sinks

It is essential that we protect and increase the valuable carbon sinks we have in the Union. In order to ensure consistency with the objectives of increased sinks in the Climate Law and the proposal of the Commission on LULUCF it is essential that Member States improve their monitoring and reporting on the carbon sinks and the use of biomass. Therefore, this draft opinion proposes to introduce National Bioenergy Plans, which will enable Member States different starting points and specific situations to be taken into account whilst at the same time ensuring that carbon sinks will increase whilst using biomass. Furthermore, the draft opinion introduces the obligation for the European Commission to adopt a dedicated legislative proposal establishing maximal values for the use of forest biomass for energy purposes at Member State level.

 

 

 

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 1

Text proposed by the Commission	Amendment
(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6 that was endorsed both by the European Parliament7 and by the European Council8 , requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system.	(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 at the latest in a manner that contributes to the European sustainable economic, environmental and social development, prosperity and job creation. That objective, and the objective of an at least 55% reduction in greenhouse gas emissions by 2030 as set out in the European Climate law, requires an energy transition based on reducing energy and resource consumption and increased efficiency and significantly higher shares of renewable energy sources in an integrated energy system.
_________________	_________________
5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal.	5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal.
6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people
7 European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP))
8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf

Amendment  2

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission	Amendment
	(1a) The General Union Environment Action Programme to 2030 (8th EAP) sets out thematic priority objectives for 2030 in the areas of climate change mitigation, adaptation to climate change, protecting and restoring biodiversity, a non-toxic circular economy, a zero pollution environment and minimising environmental pressures from production and consumption across all sectors of the economy and recognises that these objectives, which address both drivers and impacts of environmental damage, are inherently interlinked. The 8th EAP also has a long-term priority objective that by 2050 at the latest, people live well, within the planetary boundaries in a well-being economy where nothing is wasted, growth is regenerative, climate neutrality in the Union has been achieved and inequalities have been significantly reduced. A healthy environment underpins the well-being of all people and is an environment in which biodiversity is conserved, ecosystems thrive, and nature is protected and restored, leading to increased resilience to climate change, weather and climate-related disasters and other environmental risks.

Amendment  3

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission	Amendment
	(1b) The General Union Environment Action Programme to 2030 (‘8th EAP’), the framework for Union action in the field of the environment and climate, aims to accelerate the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way, and to protect, restore and improve the state of the environment by, inter alia, halting and reversing biodiversity loss. It supports and strengthens an integrated policy and implementation approach, building upon the European Green Deal. The 8th EAP recognises that achieving this transition will require systemic change which, according to the EEA, entails a fundamental, transformative and cross-cutting change that implies major shifts and reorientation in system goals, incentives, technologies, social practices and norms, as well as in knowledge systems and governance approaches.

Amendment  4

Proposal for a directive

Recital 1 c (new)

Text proposed by the Commission	Amendment
	(1c) Ensuring that legislative initiatives, programmes, investments, projects and their implementation are consistent with, contribute where relevant, and do no harm to any of the 8th EAP objectives is necessary for the objectives’ achievement. Furthermore, ensuring that social inequalities resulting from climate- and environmental-related impacts and policies are minimised and that measures taken to protect the environment and climate are carried out in a socially fair and inclusive way, as well as gender mainstreaming throughout climate and environmental policies, including by incorporating a gender perspective at all stages of the policy-making process, will be required to meet the objectives of the 8th EAP and, as such, are also laid down as enabling conditions in the 8th EAP.

Amendment  5

Proposal for a directive

Recital 1 d (new)

Text proposed by the Commission	Amendment
	(1d) The 2030 climate mitigation objective of the 8th EAP is swift and predictable reduction of greenhouse gas emissions and, at the same time, enhancement of removals by natural sinks in the Union to attain the 2030 greenhouse gas emission reduction target as laid down in Regulation (EU) 2021/1119, in line with the Union’s climate and environment objectives, whilst ensuring a just transition that leaves no one behind. To help achieve its objectives, the 8th EAP also lays down the enabling condition of phasing out of environmentally harmful subsidies, including through setting a deadline for the phasing out of fossil fuel subsidies consistent with the ambition of limiting global warming to 1,5°C as well as a binding Union framework to monitor and report on Member States’ progress towards phasing out fossil fuel subsidies, based on an agreed methodology.

Amendment  6

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss.	(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges which are exacerbated by climate change such as biodiversity loss, land, water and air pollution, contributing to improvements in air quality and human health. At the same time, it is necessary that effective sustainability criteria are put into place in order to avoid that the use of renewable energy exacerbates these challenge instead of reducing them.

Amendment  7

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target10 . Therefore, the target set out in Article 3 of that Directive needs to be increased.	(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to at least 45% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target. Therefore, the target set out in Article 3 of that Directive needs to be increased.
__________________	__________________
9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209	9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209
10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people	10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people

Amendment  8

Proposal for a directive

Recital 4

Text proposed by the Commission	Amendment
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11 , with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non-renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13 . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemesWaste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage.	(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use, with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy, and with a view to contributing to climate objectives. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and implement the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council. For this, they should grant no support to the production of energy from primary woody biomass. In line with the cascading principle, secondary woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for secondary woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non-renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’ . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemes. The Commission should adopt an implementing act on how to apply the cascading principle for biomass in order to use all biomass according to its highest environmental and economical added value, while taking into account technological innovations, available volumes of feedstock and share of pre-existing competing industrial uses other than energy recovery, with a focus on support schemes and with due regard to national specificities, and natural disturbances such as, natural fires, pests, and diseases, whilst maximising the positive climate impact of bioenergy and to minimise harmful impacts on the biodiversity. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to the use of woody biomass in electricity-only plants, unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage. At COP26, the Commission together with global leaders elevated the global ambition level for the preservation and recovery of global forests, and for an accelerated transition to zero emissions transportation.
__________________	__________________
11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal.	11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal.
12 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).	12 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).
13 https://publications.jrc.ec.europa.eu/repository/handle/JRC122719	13 https://publications.jrc.ec.europa.eu/repository/handle/JRC122719

 

Amendment  9

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.	(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. Innovative technologies should be developed, as they could contribute towards the 2030 climate goals as well as the 2050 climate targets. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities and guidance to process more efficiently and cost-effectively a growing number of permitting applications in a timely manner.

Amendment  10

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5a) The rollout of hybrid heat pumps, that can use both heat as an energy source, as well as gas, should be incentivized within the Renewable Energy Directive criteria to achieve the 2030 and 2050 climate targets. It gives the flexibility to use warmth as an energy source and gas as a transitional energy source towards 2030 climate targets, as well as green gas and hydrogen gas towards the 2050 climate targets. Innovative technologies, such as hybrid heat pumps, need to be developed and used within the criteria of the revised Renewable Energy Directive, as they can be used as a transition technology towards the 2030 climate goals as well as giving a contribution to the 2050 climate targets.

Amendment  11

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission	Amendment
	(5b) The future EU's economic governance framework should encourage Member States to implement the reforms necessary to accelerate the green transition, and enable investments in needed technologies.

Amendment  12

Proposal for a directive

Recital 5 c (new)

Text proposed by the Commission	Amendment
	(5c) The Commission should present guidelines to help Member States bring down administrative barriers, in particular with a view to simplify and accelerate permitting procedures for renewable energy projects, including Key Performance Indicators (KPIs) to assess their progress. The simplification of administrative permit granting processes and sufficient digital and human resources of authorities are essential to accelerate the deployment of renewables and thus achieve the objectives laid down in this Directive.

 

Amendment  13

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission	Amendment
	(8a) In order to enhance broad public acceptance, Member States should ensure the possibility of including renewable energy communities in joint cooperation projects on offshore renewable energy. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio-economic welfare, optimising infrastructure expenditure and enabling a more sustainable use of the sea.

Amendment  14

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time, the market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market. The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing.	(9) The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time, the market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market. The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing. Both sovereigns and private investors should also be encouraged to issue European Green bonds to finance projects or subsidy schemes for renewable energy installations.

 

Amendment  15

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of technologies which produce renewable energy while providing certainty for investors and local level engagement.	(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy, as well as energy efficiency measures, will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of innovative technologies which produce renewable energy while providing certainty for investors and local level engagement.

Amendment  16

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems and is a major barrier to integrating renewables in buildings, industry and agriculture. Member States should cooperate with social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems should be made available and designed in a way to attract participation in such training programmes and certification systems. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question. The list of trained and certified installers should be made public to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and cooling.	(12) Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems and is a major barrier to integrating renewables in buildings, industry and agriculture. Member States should partner and cooperate with business, regional and educational authorities, social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems should be made available and designed in a way to attract participation in such training programmes and certification systems. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question and how to incentivise the promotion of new and improved skills, aiming to specifically support stable, local and high-quality employment in rural communities. The list of trained and certified installers should be made public to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and cooling.

 

Amendment  17

Proposal for a directive

Recital 16

Text proposed by the Commission	Amendment
(16) In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point should be provided under non-discriminatory terms and free of charge to the owners or users of the batteries and the entities acting on their behalf, such as building energy system managers, mobility service providers and other electricity market participants. It is therefore appropriate to introduce measures addressing the need of access to such data for facilitating the integration-related operations of domestic batteries and electric vehicles, complementing the provisions on access to battery data related to facilitating the repurposing of batteries in [the proposed Commission regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles.	(16) In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point should be provided under non-discriminatory terms, in full compliance with the relevant provisions in Regulation (EU) 2016/679 of the European Parliament and of the Council1a and free of charge to the owners or users of the batteries and the entities acting on their behalf, such as building energy system managers, mobility service providers and other electricity market participants, such as electric vehicle users. It is therefore appropriate to introduce measures addressing the need of access to such data for facilitating the integration-related operations of domestic batteries and electric vehicles, complementing the provisions on access to battery data related to facilitating the repurposing of batteries in [the proposed Commission regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles.
	_____________
	1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Justification

Art 20a(new).2 - These requirements should be maintained in the regulation, to also benefit electric vehicle users

Amendment  18

Proposal for a directive

Recital 18

Text proposed by the Commission	Amendment
(18) Electric vehicle users entering into contractual agreements with electromobility service providers and electricity market participants should have the right to receive information and explanations on how the terms of the agreement will affect the use of their vehicle and the state of health of its battery. Electromobility service providers and electricity market participants should explain clearly to electric vehicle users how they will be remunerated for the flexibility, balancing and storage services provided to the electricity system and market by the use of their electric vehicle. Electric vehicle users also need to have their consumer rights secured when entering into such agreements, in particular regarding the protection of their personal data such as location and driving habits, in connection to the use of their vehicle. Electric vehicle users’ preference regarding the type of electricity purchased for use in their electric vehicle, as well as other preferences, can also be part of such agreements. For the above reasons, it is important that electric vehicle users can use their subscription at multiple recharging points. This will also allow the electric vehicle user’s service provider of choice to optimally integrate the electric vehicle in the electricity system, through predictable planning and incentives based on the electric vehicle user preferences This is also in line with the principles of a consumer-centric and prosumer-based energy system, and the right of supplier choice of electric vehicle users as final customers as per the provisions of Directive (EU) 2019/944.	(18) Electric vehicle users entering into contractual agreements with electromobility service providers and electricity market participants should have the right to receive information and explanations on how the terms of the agreement will affect the use of their vehicle and the state of health of its battery. Electromobility service providers and electricity market participants should explain clearly to electric vehicle users how they will be remunerated for the flexibility, how their aggregated data is used, balancing and storage services provided to the electricity system and market by the use of their electric vehicle. Electric vehicle users also need to have their consumer rights secured when entering into such agreements, in particular regarding the privacy and protection of their personal data such as location and driving habits, in connection to the use of their vehicle. Electric vehicle users’ preference regarding the type of electricity purchased for use in their electric vehicle, as well as other preferences, can also be part of such agreements. For the above reasons, it is important to ensure that the charging infrastructure that is to be deployed, is used most effectively, and in order to improve consumer confidence in e-mobility, it is essential that the use of publicly accessible recharging stations is open to all users, regardless of the car brand and whether or not they are part of a contract-based payment scheme and that they accept payment cards widely used in the Union. This will also allow the electric vehicle user’s service provider of choice to optimally integrate the electric vehicle in the electricity system, through predictable planning and incentives based on the electric vehicle user preferences. This is also in line with the principles of a consumer-centric and prosumer-based energy system, and the right of supplier choice of electric vehicle users as final customers as per the provisions of Directive (EU) 2019/944.

Amendment  19

Proposal for a directive

Recital 20

Text proposed by the Commission	Amendment
(20) Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart charging functionalities need to be ensured. In this regard, the operation of non-publicly accessible normal charging infrastructure is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons.	(20) Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart and bi directional charging functionalities need to be ensured. In this regard, the operation of non-publicly accessible normal charging infrastructure is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons.

Amendment  20

Proposal for a directive

Recital 21

Text proposed by the Commission	Amendment
(21) Industry accounts for 25% of the Union’s energy consumption, and is a major consumer of heating and cooling, which is currently supplied 91% by fossil fuels. However, 50% of heating and cooling demand is low-temperature (<200 °C) for which there are cost-effective renewable energy options, including through electrification. In addition, industry uses non-renewable sources as raw materials to produce products such as steel or chemicals. Industrial investment decisions today will determine the future industrial processes and energy options that can be considered by industry, so it is important that those investments decisions are future-proof. Therefore, benchmarks should be put in place to incentivise industry to switch to a renewables-based production processes that not only are fueled by renewable energy, but also use renewable-based raw materials such as renewable hydrogen. Moreover, a common methodology for products that are labelled as having been produced partially or fully using renewable energy or using renewable fuels of non-biological origin as feedstock is required, taking into account existing Union product labelling methodologies and sustainable product initiatives. This would avoid deceptive practices and increase consumers trust. Furthermore, given consumer preference for products that contribute to environmental and climate change objectives, it would stimulate a market demand for those products.	(21) Industry accounts for 25% of the Union’s energy consumption, and is a major consumer of heating and cooling, which is currently supplied 91% by fossil fuels. However, 50% of heating and cooling demand is low-temperature (<200 °C) for which there are cost-effective renewable energy options, including through electrification. In addition, industry uses non-renewable sources as raw materials to produce products such as steel or chemicals. Industrial investment decisions today will determine the future industrial processes and energy options that can be considered by industry, so it is important that those investments decisions are future-proof. Therefore, benchmarks should be put in place to incentivise industry to switch to a renewables-based production processes that not only are fueled by renewable energy, but also use renewable-based raw materials such as renewable hydrogen. As demand for renewable hydrogen is expected to exceed supply in the near future, it is important to make efficient use of all available sustainable feedstocks for the production of hydrogen and to this end to allow the use of both hydrogen from renewable sources, as well as from renewable fuels of non-biological origin for all relevant purposes of this directive. Moreover, a common methodology for products that are labelled as having been produced partially or fully using renewable energy or using renewable fuels of non-biological origin as feedstock is required, taking into account existing Union product labelling methodologies and sustainable product initiatives. This would avoid deceptive practices and increase consumers trust. Furthermore, given consumer preference for products that contribute to environmental and climate change objectives, it would stimulate a market demand for those products.

Amendment  21

Proposal for a directive

Recital 22

Text proposed by the Commission	Amendment
(22) Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in industry should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.	(22) Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals, where they often are the only option to decarbonise and where they reduce more greenhouse gases per unit of hydrogen than in transport or heating. In line with the energy efficiency first principle, the use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industrial processes that cannot be directly electrified with renewables and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in those industrial sectors should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.

Amendment  22

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22a) Emission reduction and climate neutrality objectives should not come at the expense of biodiversity. According to the European Environmental Agency report on the “State of the Water” the Union’s rivers are in bad state with only 44% being in a good or high ecological state. In addition to chemical pollution, “energy-related pressures and hydropower installations” are the biggest threat to these important ecosystems. Moreover, European rivers are thought to be the most fragmented freshwater ecosystems in the world. Small hydropower plants in particular can jeopardise the goal of restoring 25.000 km free flowing rivers laid down in the Biodiversity Strategy. Hydropower’s effect on biodiversity has been considerable: since 1970, migratory freshwater fish species have declined by 93 percent. All new hydropower plants should be excluded from the possibility of getting support or counting towards the targets. Furthermore, in order to receive support, existing plants should be able to fulfil a number of requirements: they should, inter alia, be greater than 10 MW and meet the minimum ecological requirements laid down in Union legislation.

Amendment  23

Proposal for a directive

Recital 29

Text proposed by the Commission	Amendment
(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].	(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The development of advanced biofuels in all modes of transport in line with Article 29 (2) to (7) and the criteria set out in Article 28(6), should be based on the previous assessments of potential additional feedstocks to be listed in Annex IX, in particular in view to the necessity of feedstocks that have been previously found to not fit the criteria for inclusion into Annex IX to the principles set out in the third subparagraph of Article 28(6). This stresses the need for an effective use of advanced biofuels to the whole European industry and makes sure the right cascading principle and waste hierarchy is being used for advanced biofuels. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].

Amendment  24

Proposal for a directive

Recital 30

Text proposed by the Commission	Amendment
(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public to contribute, by supplying renewable electricity, towards the fulfilment of the obligation set up by Member States on fuel suppliers. While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix in transport.	(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public, and where this is technically feasible, via private and semi-public charging points, to contribute, by supplying renewable electricity, towards the fulfilment of the obligation set up by Member States on fuel suppliers. While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix in transport.

 

Amendment  25

Proposal for a directive

Recital 31

Text proposed by the Commission	Amendment
(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50% greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.	(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. It is necessary to put an end to the use of high indirect land-use change-risk fuels, such as palm oil, soy and their byproducts and lower the maximum share of fuels produced from crops. With regards to feedstocks listed in Annex IX, it should be ensured that the competing uses of the raw materials are considered, to avoid diverting a raw material from a higher value use. It is therefore appropriate to enable the Commission to remove feedstocks from the list in Annex IX; As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50% greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.

Amendment  26

Proposal for a directive

Recital 32

Text proposed by the Commission	Amendment
(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100% emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keep the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.	(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100% emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to increase the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.

 

Amendment  27

Proposal for a directive

Recital 35

Text proposed by the Commission	Amendment
(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 5 MW.	(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 7.5 MW.

Amendment  28

Proposal for a directive

Recital 36

Text proposed by the Commission	Amendment
(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.	(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary and old-growth forests, highly biodiverse forests, grasslands, peat lands and heathlands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels. Semi-natural forests as forests or other wooded land that are neither primary forest nor plantation forest and composed predominantly of native trees and shrub species which have not been planted have a high biodiversity and climate value and should not be transformed into plantation forests or otherwise degraded. Special attention should be given towards forest science to address open questions and provide data, as they are key for understanding better the role of our trees for climate, environment, economy and society. Biofuels, bioliquids and biomass fuels produced from agricultural and forest biomass and Renewable Fuels of Non-Biological Origin should be 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 by representative institutions and organisations, while human and labour rights of third parties are respected and the availability of food and feed for third parties is not at risk.

Amendment  29

Proposal for a directive

Recital 37

Text proposed by the Commission	Amendment
(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and 10MW.	(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and 20 MW.

 

Amendment  30

Proposal for a directive

Recital 45 a (new)

Text proposed by the Commission	Amendment
	(45a) A greater use of renewable energy can also increase energy security and self-sufficiency by, amongst other things, reducing dependence on fossil fuels. However, further reinforcement and interconnection of the transmission system is essential for the fair and efficient use of this transition, so that the resulting benefits are spread evenly across the population of the Union and do not lead to energy poverty.

 

Amendment  31

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point -a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 23

Present text	Amendment
	(-a) point 23 is replaced by the following:
(23) ‘waste’ means waste as defined in point (1) of Article 3 of Directive 2008/98/EC, excluding substances that have been intentionally modified or contaminated in order to meet this definition;	"(23) ‘waste’ means any substance or object which the holder discards or intends or is required to discard as defined in point (1) of Article 3 of Directive 2008/98/EC and subject to independent verification and certification of compliance with Article 4 of Directive 2008/98/EC or comparable programme on waste prevention and management excluding substances that have been intentionally modified or contaminated in order to meet this definition’;

(Directive (EU) 2018/2001)

 

Amendment  32

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point -a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 24

Text proposed by the Commission	Amendment
	(-a) point 24 is replaced by the following:
‘(24) ‘biomass’ means the biodegradable fraction of products, waste and residues from biological origin from agriculture, including vegetal and animal substances, from forestry and related industries, including fisheries and aquaculture, as well as the biodegradable fraction of waste, including industrial and municipal waste of biological origin;”	"(24) ‘biomass’ means the solid and liquid biodegradable fraction of products, by-products, waste and residues from biological origin from agriculture, including vegetal and animal substances, from forestry and related industries, including fisheries and aquaculture, as well as biodegradable waste, including industrial and municipal waste of biological origin;"

 (Directive (EU) 2018/2001)

Amendment  33

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 26 a (new)

Text proposed by the Commission	Amendment
	(26a)   ‘primary woody biomass’ means all roundwood felled or otherwise harvested and removed. It comprises all wood obtained from removals, i.e., the quantities removed from forests, including wood recovered due to natural mortality and from felling and logging. It includes all wood removed with or without bark, including wood removed in its round form, or split, roughly squared or in other form, e.g., branches, roots, stumps and burls (where these are harvested) and wood that is roughly shaped or pointed. This does not include woody biomass obtained from sustainable wildfire prevention measures in high-risk fire prone areas and woody biomass extracted from forests affected by active pests or diseases to prevent their spread, whilst minimising wood extraction and protecting biodiversity, resulting in more diverse and resilient forests, and shall be based on guidelines from the Commission.

 (Directive (EU) 2018/2001)

Amendment  34

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 26 b (new)

Text proposed by the Commission	Amendment
	(26b)   ‘secondary woody biomass’ means residues from forest-based industry, including bark, sawdust and wood shavings that result from sawmilling or wood milling, and recovered post-consumer wood; it excludes primary woody biomass, including when it is processed into chips, briquettes or pellets;”

 (Directive (EU) 2018/2001)

 

Amendment  35

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive (EU) 2018/2001

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 40%.;”	“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 45%.;”

 (Directive (EU) 2018/2001)

Amendment  36

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end , they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.	Member States shall take measures to ensure that energy from biomass is produced in a sustainable manner which minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity and the environment or the climate in their support schemes. To that end, they shall implement the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and take into account the cascading principle referred to in the third subparagraph ensuring the highest possible material use.

Amendment  37

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point a – point ii

Text proposed by the Commission	Amendment
(ii) the production of renewable energy produced from the incineration of waste if the separate collection obligations laid down in Directive 2008/98/EC have not been complied with.	(ii) the production of renewable energy produced from the incineration of waste if the separate collection and re-use and recycling obligations laid down in Directive 2008/98/EC have not been complied with.

Amendment  38

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point a – point iii

Text proposed by the Commission	Amendment
(iii) practices which are not in line with the delegated act referred to in the third subparagraph	(iii) practices which are not in line with the implementing act referred to in the third subparagraph.

Amendment  39

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point a a (new)

Text proposed by the Commission	Amendment
	(aa)  Member States may not grant new support to bioenergy installations if they have not submitted a National Bioenergy Plan together with the update of its latest integrated national energy and climate plan, as referred to in Article 14(2) of Regulation (EU) 2018/1999, as referred to in point (ba).

Amendment  40

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) From 31 December 2026, and without prejudice to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:	(b) From 31 December 2026, and without prejudice to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from woody biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions and is produced in installations of a maximum capacity of 20MW:

 

Amendment  41

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(ba)  Each Member State shall submit to the Commission a National Bioenergy Plan together with the update of its latest integrated national energy and climate plan, as referred to in Article 14(2) of Regulation (EU) 2018/1999, and in accordance with the procedure and timeline laid down in that Article. The National Bioenergy Plan shall contain:
	(i) an assessment of the needs and supply of forest biomass available for energy purposes in accordance with the criteria laid down in Article 29 of this Regulation;
	(ii) an assessment of the compatibility of forest biomass used for energy purposes with the indicative trajectory  for the contribution of different categories of energy to the national targets in Regulation 2018/841;
	(iii) an assessment of the impacts of the forest biomass used for energy purposes trajectory on biodiversity and soil.

Amendment  42

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point b b (new)

Text proposed by the Commission	Amendment
	(bb)  The Commission shall assess the National Bioenergy Plan. When carrying out this assessment, the Commission shall act in close cooperation with the Member State concerned. The Commission may make observations or seek additional information and may ask a Member State to revise the Plan if needed, including after the submission of the Plan. The Commission shall assess the Plan as regards its completeness, its consistency and coherence with:
	(i)  the objectives laid down in the Regulation (EU) 2021/1119 of the European Parliament and of the Council*;
	(ii)  the national targets on carbon sink growth as defined in the revised Regulation 2018/841.
	_____________
	*Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (OJ L 243, 9.7.2021, p. 1)

 

Amendment  43

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point b c (new)

Text proposed by the Commission	Amendment
	(bc) Each National Bioenergy Plan shall be approved by the Commission by means of an implementing decision.

 (Directive (EU) 2018/2001)

 

Amendment  44

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities.	No later than one year after [the entry into force of this amending Directive], the Commission shall adopt an implementing act on how to apply the cascading principle for biomass in order to use all biomass according to its highest environmental and economical added value, while taking into account available volumes of feedstock and share of pre-existing competing industrial uses other than energy recovery, with a focus on support schemes and with due regard to national specificities, and natural disturbances such as, natural fires, pests and diseases.

Amendment  45

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 4

Text proposed by the Commission	Amendment
By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity and possible market distortions, and will assess the possibility for further limitations regarding support schemes to forest biomass.;	By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity and the environment and possible market distortions, and will assess the possibility for further measures regarding support schemes and other incentives, to use woody biomass for energy;

 

Amendment  46

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point c

Directive (EU) 2018/2001

Article 3 – paragraph 4a

Text proposed by the Commission	Amendment
4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.;	4a. In accordance with the energy efficiency first principle as defined in point (18) of Article 2 of Regulation (EU) 2018/1999, Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers to a high level of renewable electricity supply, including measures to accelerate and simplify permitting procedures, to a high level of renewable electricity supply and ensure long term price signals for investment decisions, including investments in system adequacy, stability and flexibility through competitive, transparent and non discriminatory bidding process, which provide for a remuneration of the awarded recipients based on market prices. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin;

Amendment  47

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b a (new)

Directive (EU) 2018/2001

Article 7 – paragraph 3 – subparagraph 3

Present text	Amendment
	(ba) in paragraph 3, the third subparagraph is replaced by the following:
Ambient and geothermal energy used for heating and cooling by means of heat pumps and district cooling systems shall be taken into account for the purposes of point (b) of the first subparagraph of paragraph 1, provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps. The quantity of heat or cold to be considered to be energy from renewable sources for the purposes of this Directive shall be calculated in accordance with the methodology set out in Annex VII and shall take into account energy use in all end-use sectors.	"Ambient and geothermal energy used for heating and cooling by means of heat pumps and district cooling systems shall be taken into account for the purposes of point (b) of the first subparagraph of paragraph 1 using a multiplier of at least 3 in order to reflect the higher efficiency ambient and geothermal heat compared to heat from combustion provided that the final energy output significantly exceeds the primary energy input required to drive the heat pumps. The quantity of heat or cold to be considered to be energy from renewable sources for the purposes of this Directive shall be calculated in accordance with the methodology set out in Annex VII and shall take into account energy use in all end-use sectors."

Justification

All major GHG emission reduction scenarios see heat pumps as the key heating technology for transitioning heating to climate-neutrality, in particular in the residential and services sectors. Whilst the RED II revision provides clear incentives for e-mobility, this is not the case for electrified heating despite its massive efficiency advantages. In this context, it must be taken into account, however, that combustion boilers are fundamentally less energy efficient than heat pumps by a factor of at least  3, so they will dominate any calculation that involves the overall amounts of final energy consumed. Therefore, a correcting factor should be introduced on the methodology on how to calculate the renewables target contribution for heat..

Amendment  48

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a

Directive (EU) 2018/2001

Article 9 – paragraph 1a

Text proposed by the Commission	Amendment
1a. By 31 December 2025, each Member State shall agree to establish at least one joint project with one or more other Member States for the production of renewable energy. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129425 shall be deemed to satisfy this obligation for the Member States involved.;	1a. By 31 December 2025, each Member State shall agree to establish at least one joint project and by 2030 at least three joint projects, with one or more other Member States for the production of renewable energy. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129425 or using the European Green Bond instrument to finance subsidy schemes and projects for renewable energy installations shall be deemed to satisfy this obligation for the Member States involved.;
_________________	_________________
25 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).	25 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).

Amendment  49

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b b (new)

Directive (EU) 2018/2001

Article 9 – paragraph 7 c (new)

Text proposed by the Commission	Amendment
	(bb) the following paragraph 7c is added:
	‘(7c)  In order to reduce complexity, to increase efficiency and transparency and to help enhance cooperation among Member States there should be a unique point of contact (‘one stop shop’) per priority offshore grid corridor, facilitating the permit granting process for offshore renewable energy projects of common interest.’

Amendment  50

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point - a (new)

Directive (EU) 2018/2001

Article 15 – paragraph 1 – subparagraph 2 – point d

Present text	Amendment
	(-a) in paragraph 1, second subparagraph, point (d) is replaced by the following:
(d) simplified and less burdensome authorisation procedures, including a simple-notification procedure, are established for decentralised devices, and for producing and storing energy from renewable sources.	"(d) simplified and less burdensome authorisation procedures, including a simple-notification procedure and single-contact points, are established for decentralised devices, and for producing and storing energy from renewable sources."

(Directive 2018/2001)

Justification

The Single Contact Points are mentioned in the impact assessment, but not in the operative text. This rectifies this omission.

 

Amendment  51

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point d

Directive (EU) 2018/2001

Article 15 – paragraph 9

Text proposed by the Commission	Amendment
9. By one year after the entry into force of this amending Directive, the Commission shall review, and where appropriate, propose modifications to, the rules on administrative procedures set out in Articles 15, 16 and 17 and their application, and may take additional measures to support Member States in their implementation.;	9. By six months after the entry into force of this amending Directive, the Commission shall issue guidelines to national Governments on permitting practices to accelerate and simplify the process for new and repowered projects. These guidelines shall include recommendations on how to implement and apply the rules on administrative procedures set out in Articles 15, 16 and 17, together with a set of key process indicators (KPIs) to enable a transparent assessment and monitoring of both progress and effectiveness. Such guidance shall also include information on digital and human resources of permitting authorities, compliance with environmental legislation and areas protected under Union law, effective single contact points, spatial planning, military and civil aviation constraints, court proceedings and civil resolution and mediation cases, among others.;

Amendment  52

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point d a (new)

Directive (EU) 2018/2001

Article 15 – paragraph 9 a (new)

Text proposed by the Commission	Amendment
	(da) the following paragraph 9a is added:
	‘9a. Member States shall present an assessment of their permitting process and the measures for improvement to be taken in line with the guidelines in the updated integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/199 in accordance with the procedure and timeline laid down in that Article.’;

Amendment  53

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point d b (new)

Directive (EU) 2018/2001

Article 15 – paragraph 9 b (new)

Text proposed by the Commission	Amendment
	(db)  the following paragraph 9b is added:
	‘9b. Member States shall be required to develop strategic planning processes to identify available land to deploy renewable energy projects, in particular degraded land and land available for multiple uses, such as agricultural land and inland water bodies where renewable energy projects can be deployed.’;

Amendment  54

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point d c (new)

Directive (EU) 2018/2001

Article 15 – paragraph 9 c (new)

Text proposed by the Commission	Amendment
	(dc)  the following paragraph 9c is added:
	‘9c. The Commission shall assess the measures for improvement and score the KPIs of Member States. This information shall be made publicly available. The Commission shall introduce incentives for Member States scoring higher in accordance with the KPIs assessment, including priority access to Union funds dedicated to renewable energy projects.’;

Amendment  55

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point d d(new)

Directive (EU) 2018/2001

Article 15 – paragraph 9 d (new)

Text proposed by the Commission	Amendment
	(dd)  the following paragraph 9d is added:
	‘9d Member States shall adopt strategic planning for renewable energy projects developments that prioritise the use of available areas with low ecological sensitivity and avoid using strictly protected areas for energy developments, as these areas are fundamental instruments to stop biodiversity loss.’;

Amendment  56

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15a – paragraph 1

Text proposed by the Commission	Amendment
1. In order to promote the production and use of renewable energy in the building sector, Member States shall set an indicative target for the share of renewables in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources in the buildings sector in the Union’s final consumption of energy in 2030. The national target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it.	1. In order to promote the production and use of renewable energy in the building sector, Member States shall set an indicative target for the share of renewables on-site or nearby or connected to renewable energy sources in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources in the buildings sector in the Union’s final consumption of energy in 2030. The national target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it guided by inter alia the principle of cost-effectiveness.

 

Amendment  57

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15a – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources in the building stock, including national measures relating to substantial increases in renewables self-consumption, renewable energy communities and local energy storage, in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero-energy and zero-energy buildings.	Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources in the building stock, including national measures relating to substantial increases in renewables self-consumption, renewable energy communities, local renewable energy sharing and local energy storage, in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero-energy and zero-energy buildings and taking into account innovative technologies.

 

Amendment  58

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15a – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
To achieve the indicative share of renewables set out in paragraph 1, Member States shall, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources in buildings, in line with the provisions of Directive 2010/31/EU. Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling.	To achieve the indicative share of renewables set out in paragraph 1, Member States shall, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require in accordance with the energy efficiency first principle as defined in point (18) of Article 2 of Regulation (EU) 2018/1999 the use of minimum levels of energy from renewable sources in buildings, in line with the provisions of Directive 2010/31/EU. Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling.

Amendment  59

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15a – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall ensure that public buildings at national, regional and local level, fulfil an exemplary role as regards the share of renewable energy used, in accordance with the provisions of Article 9 of Directive 2010/31/EU and Article 5 of Directive 2012/27/EU. Member States may, among others, allow that obligation to be fulfilled by providing for the roofs of public or mixed private-public buildings to be used by third parties for installations that produce energy from renewable sources.	3. Member States shall ensure that public buildings at national, regional and local level, fulfil an exemplary role as regards the share of renewable energy used, in accordance with the provisions of Article 9 of Directive 2010/31/EU and Article 5 of Directive 2012/27/EU. Member States may, among others, allow that obligation to be fulfilled by providing for the roofs and other useful surfaces and sub-surfaces of public or mixed private-public buildings to be used by third parties for installations that produce energy from renewable sources. Member States shall promote and support cooperation between local authorities and renewable energy communities in the building sector.

 

Amendment  60

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15a – paragraph 4

Text proposed by the Commission	Amendment
4. In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26 , energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy.;	4. In order to achieve the indicative share of renewable energy set out in paragraph 1 and facilitate their efficient integration, Member States shall promote the use of the most sustainable and energy efficient renewable heating and cooling systems and equipment for the given local context, including smart and renewable-based electrified heating and cooling systems and equipment and including innovative technologies. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26 , energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy.;

Amendment  61

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall require transmission system operators and distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available. This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems.	1. Member States shall require transmission system operators or distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available. Member States shall require distribution system operators to assist transmission system operators to gather needed information, in case the transmission operator does not have access, according to national legislation, to all information needed. This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems.

 

Amendment  62

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall ensure that manufacturers of domestic and industrial batteries enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non-discriminatory terms and at no cost.	In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall ensure that manufacturers of domestic and industrial batteries enable in a transparent manner real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non-discriminatory terms and at no cost.

Justification

These requirements should be maintained in the regulation.

Amendment  63

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
Member States shall ensure that vehicle manufacturers make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint, battery capacity, as well as the location of electric vehicles to electric vehicle owners and users, as well as to third parties acting on the owners’ and users’ behalf, such as electricity market participants and electromobility service providers, under non-discriminatory terms and at no cost, in addition to further requirements in the type approval and market surveillance regulation.	Member States shall ensure that vehicle manufacturers make available in a transparent manner, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint, battery capacity, as well as the location of electric vehicles to electric vehicle owners and users, as well as to third parties acting on the owners’ and users’ behalf, such as electricity market participants and electromobility service providers, under non-discriminatory terms and at no cost, in addition to further requirements in the type approval and market surveillance regulation.

Justification

These requirements should be maintained in the regulation.

Amendment  64

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of small or mobile systems such as domestic batteries and electric vehicles, both directly and through aggregation.;	4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services of district heating and cooling networks, of small or mobile systems such as domestic batteries, electric vehicles, thermal energy storage units and smart electric heating and cooling appliances and systems, and other smart devices facilitating consumers’ flexible renewable electricity consumption both directly and through aggregation. Member States shall provide a level playing field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing disproportionate administrative or regulatory burden.

Justification

Regulatory frameworks on electricity markets should not discriminate against the participation of household consumers vis-à-vis other actors, regardless of whether they are providing demand response through their electric vehicle, batteries or other devices facilitating it (e.g. heating and cooling appliances). Moreover new Article 20a of the RED II proposes a number of measures aiming to facilitate integration of renewable electricity into the energy system. We support more transparency in the grid, both for system operators and for users of the grid, and we would support strengthening language to ensure that system operators are able to measure what is going on in real-time. Nevertheless, we regret that most of the measures contained in this article focus on the interaction between electric vehicles and the electricity grid. This neglects a general approach to foster interaction between renewable electricity in heating and cooling and in industry. Such links need to be addressed in order to make Article 20a a more meaningful tool to promote system integration, particularly at the local level. Furthermore, paragraph 4 of Article 20a should mention the need to ensure national regulatory frameworks provide a level playing field for smaller market actors such as RECs.

Amendment  65

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2001

Article 22a – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030.	Member States shall endeavour to promote electrification and increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030.

Amendment  66

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2001

Article 22a – paragraph 1 – subparagraph 3 – introductory part

Text proposed by the Commission	Amendment
Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be 50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030. For the calculation of that percentage, the following rules shall apply:	Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be 50 % of the hydrogen used for final energy and non-energy purposes in the hard-to-abate high-temperature industry, aviation and shipping sectors where electrification is not a feasible solution by 2030. For the calculation of that percentage, the following rules shall apply:

Justification

Renewable hydrogen is presently lacking scale, maturity and is still more expensive than other alternatives. Therefore, their integration must target end-use sectors where there are no other efficient alternatives such as aviation, shipping and high temperature industry.

Amendment  67

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point a

Directive (EU) 2018/2001

Article 23 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, increase the share of renewable energy in that sector by at least 1.1 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.	In order to promote the use of renewable energy in the heating and cooling sector, each Member State shall, increase the share of renewable energy in that sector by at least 2 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030, starting from the share of renewable energy in the heating and cooling sector in 2020, expressed in terms of national share of gross final energy consumption and calculated in accordance with the methodology set out in Article 7.

Justification

The 2 percentage point binding target that is required in order to decarbonise renewable heating and cooling in 2030, as per EC IA.

Amendment  68

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point b

Directive (EU) 2018/2001

Article 23 – paragraph 1a

Text proposed by the Commission	Amendment
1a. Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including, where appropriate, an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects. The assessment shall set out milestones and measures to in increase renewables in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling with a view of establishing a long-term national strategy to decarbonise heating and cooling. The assessment shall be part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.;	1a. Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including an analysis of areas suitable for their deployment at low ecological risk, especially in relation to drinking water sources, and of the potential for small-scale household projects and shall produce a detailed map of those areas to empower local and regional authorities. The assessment shall set out milestones and measures to in increase renewables in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling with a view of establishing a long-term national strategy to decarbonise heating and cooling. The assessment shall make use of the data of measurements established in accordance with the Article 6 of Directive 2008/50/EC on ambient air quality with respect to PM 2,5 in particular. Member States shall as part of this assessment prepare a colour coding map of their zones and agglomerations establishing areas where certain type of renewables in heating and cooling may create disproportionate costs to ensure that concentrations of PM2,5 in ambient air do not exceed the target value. In these areas the district heating and cooling shall not be based on the respective renewable sources. The assessment shall be part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.;

Amendment  69

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point b

Directive (EU) 2018/2001

Article 23 – paragraph 1a – subparagraphs 1 a and 1 b (new)

Text proposed by the Commission	Amendment
	Member States shall ensure regional and local authorities with an urban population greater than 20,000 inhabitants or a rural population greater than 5,000 inhabitants prepare local renewable heating and cooling plans, outlining any infrastructure requirements.
	Member States may also use the support of the Fund established under [the Social Climate Fund Regulation] to finance these plans.

Amendment  70

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point c b (new)

Directive (EU) 2018/2001

Article 23 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	(cb) in paragraph 3, the following subparagraph 1a is added:
	“In accordance with Article 15 of the Energy Performance of Buildings Directive, Member States shall ensure the establishment of technical assistance facilities, including through one-stop-shops, targeting all actors involved in building renovations along with renewable heating and cooling renovations and replacements including home owners and administrative, financial and economic factors, including small and medium-sized enterprises.;”

Amendment  71

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) installation of highly efficient renewable heating and cooling systems in buildings, or use of renewable energy or waste heat and cold in industrial heating and cooling processes;	(b) installation of highly efficient renewable heating and cooling systems in buildings and use of renewable energy or waste heat and cold in industrial heating and cooling processes;

Amendment  72

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – subparagraph 1 – point d

Text proposed by the Commission	Amendment
(d) capacity building for national and local authorities to plan and implement renewable projects and infrastructures;	(d) capacity building for national, regional and local authorities to map local renewable heating and cooling potential, to plan, implement and advise on renewable projects and infrastructures;

Amendment  73

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – subparagraph 1 – point f

Text proposed by the Commission	Amendment
(f) promotion of heat purchase agreements for corporate and collective small consumers;	(f) promotion of renewable heat and cold purchase agreements for corporate and collective small consumers, including SMEs;

Amendment  74

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – subparagraph 1 – point g

Text proposed by the Commission	Amendment
(g) planned replacement schemes of fossil heating systems or fossil phase-out schemes with milestones;	(g) introduction and/or acceleration of replacement schemes of fossil heating systems and fossil phase-out schemes with milestones;

Justification

Over half of the EU individual oil and gas boiler stock is older or in the second half of its technical lifetime (lifetime 20 years). These will have to be changed in the period until 2030 and replaced with renewable solutions to avoid fossil lock-in.

Amendment  75

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, who would not otherwise possess sufficient up-front capital to benefit.;	When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, who would not otherwise possess sufficient up-front capital to benefit from efficient renewables heating and cooling solutions. To further streamline uptake of relevant measures, the Commission shall, by ... [one year after the entry into force of this amending Directive], issue harmonised guidelines on, but not limited to, the design and operation of heat purchase agreements

Amendment  76

Proposal for a directive

Article 1 – paragraph 1 – point 13 – point -a (new)

Directive (EU) 2018/2001

Article 24 – paragraph –1 (new)

Text proposed by the Commission	Amendment
	(-a) the following paragraph -1 is inserted:
	‘-1. Member States shall support the renovation of existing and the development of renewable district heating and cooling networks fuelled exclusively by renewable energy sources and waste heat or cold, following a positive economic and environmental cost/benefit analysis undertaken in partnership with local authorities involved’;

Amendment  77

Proposal for a directive

Article 1 – paragraph 1 – point 13 – point a

Directive (EU) 2018/2001

Article 24 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that information on the energy performance and the share of renewable energy in their district heating and cooling systems is provided to final consumers in an easily accessible manner, such as on bills or on the suppliers' websites and on request. The information on the renewable energy share shall be expressed at least as a percentage of gross final consumption of heating and cooling assigned to the customers of a given district heating and cooling system, including information on how much energy was used to deliver one unit of heating to the customer or end-user.	1. Member States shall ensure that information on the energy performance and the share of each type of energy and waste heat used in their district heating and cooling systems and the associated greenhouse gas emissions are provided to final consumers in an easily accessible manner, at least on bills and on the suppliers' website. The information on the renewable energy share and type shall be expressed at least as a percentage of gross final consumption of heating and cooling assigned to the customers of a given district heating and cooling system, including information on how much energy and waste heat was used to deliver one unit of heating to the customer or end-user.

Amendment  78

Proposal for a directive

Article 1 – paragraph 1 – point 13 – point e

Directive (EU) 2018/2001

Article 24 – paragraph 8 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall establish a framework under which electricity distribution system operators will assess, at least every four years, in cooperation with the operators of district heating and cooling systems in their respective areas, the potential for district heating and cooling systems to provide balancing and other system services, including demand response and thermal storage of excess electricity from renewable sources, and whether the use of the identified potential would be more resource- and cost-efficient than alternative solutions.	Member States shall establish a framework under which electricity distribution system operators will assess, at least every two years, in cooperation with the operators of district heating and cooling systems in their respective areas, the potential for district heating and cooling systems to provide balancing and other system services, including demand response and thermal storage of excess electricity from renewable sources, and whether the use of the identified potential would be more resource- and cost-efficient than alternative solutions. The assessment, shall consider in priority alternatives to network development in compliance with the Energy Efficiency First Principle.

Justification

Periodicity of assessment should be aligned with article 32 of Electricity Directive on Distribution network development plans (at least every 2 years). Since this assessment done by electricity DSOs on the potential for district heating and cooling is used to inform system operators’ decision for grid planning, grid investment and infrastructure development, the periodicity of this assessment should be aligned with the one (at least every 2 years) of network development plans required under article 32(2) of the Electricity Directive 2019/944.

Amendment  79

Proposal for a directive

Article 1 – paragraph 1 – point 13 – point e

Directive (EU) 2018/2001

Article 24 – paragraph 8 – subparagraph 3

Text proposed by the Commission	Amendment
Member States shall facilitate coordination between operators of district heating and cooling systems and electricity transmission and distribution system operators to ensure that balancing, storage and other flexibility services, such as demand response, provided by district heating and district cooling system operators, can participate in their electricity markets.	Member States shall facilitate coordination between operators of district heating and cooling systems and electricity transmission and distribution system operators to ensure that balancing, storage and other flexibility services, such as demand response, provided by district heating and district cooling system operators, can participate in their electricity markets on a non-discriminatory basis.

 

Amendment  80

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030.	(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030.
	Fuel suppliers shall deliver at least 0.8% of renewable fuels of non-biological origin to maritime modes. A Member State which has no maritime ports in its territory may choose not to apply this provision. Any Member State that intends to avail itself of that derogation shall notify the Commission no later than one year after ... [the entry into force of this amending Directive]. Any subsequent change shall also be communicated to the Commission.

 

Amendment  81

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	When setting the obligation referred to in points (a) and (b) of the first subparagraph to ensure the achievement of the targets set therein, Member States may do so, inter alia, by means of measures targeting volumes, energy content or greenhouse gas emissions, provided that it is demonstrated that the greenhouse gas intensity reduction and minimum shares referred to in points (a) and (b) of the first subparagraph are achieved.

 

Amendment  82

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public recharging stations shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.’;	2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles, through public recharging stations, and where this is technically feasible, via private and semi-public charging points, shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.’;

Amendment  83

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.	For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops other than high indirect land use change risk feedstock for which a significant expansion of the production area into land with high carbon stock is observed, shall be no more than  half the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State.

Amendment  84

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point i a (new)

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 3

Present text	Amendment
	(ia) the third subparagraph is replaced by the following:
Member States may set a lower limit and may distinguish, for the purposes of Article 29(1), between different biofuels, bioliquids and biomass fuels produced from food and feed crops, taking into account best available evidence on indirect land­ use change impact. Member States may, for example, set a lower limit for the share of biofuels, bioliquids and biomass fuels produced from oil crops.	"Member States may set a lower limit and may distinguish, for the purposes of Article 29(1), between different biofuels, bioliquids and biomass fuels produced from food and feed crops, taking into account best available evidence on indirect land­ use change impact and the cascading principle. Member States may, for example, set a lower limit for the share of biofuels, bioliquids and biomass fuels produced from oil crops."

Amendment  85

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point ii

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 4 – point ii

Text proposed by the Commission	Amendment
(ii) the fourth subparagraph is replaced by the following:	(ii) the fourth subparagraph is deleted.
Where the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, produced from food and feed crops in a Member State is limited to a share lower than 7 % or a Member State decides to limit the share further, that Member State may reduce the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), accordingly, in view of the contribution these fuels would have made in terms of greenhouse gas emissions saving. For that purpose, Member States shall consider those fuels save 50 % greenhouse gas emissions.’;

Amendment  86

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point b a (new)

Directive (EU) 2018/2001

Article 26 – paragraph 2

Present text	Amendment
	(ba) paragraph 2 is replaced by the following:
2. For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and the minimum share referred to in the first subparagraph of Article 25(1), the share of high indirect land-use change-risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high-carbon stock is observed shall not exceed the level of consumption of such fuels in that Member State in 2019, unless they are certified to be low indirect land-use change-risk biofuels, bioliquids or biomass fuels pursuant to this paragraph.	"2. For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and the minimum share referred to in the first subparagraph of Article 25(1), the share of high indirect land-use change-risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high-carbon stock is observed shall not exceed the level of consumption of such fuels in that Member State in 2019.
From 31 December 2023 until 31 December 2030 at the latest, that limit shall gradually decrease to 0 %.	By 1 July 2023, that limit shall decrease to 0 %. This provision shall also apply to soy and its byproducts and to byproducts of palm oil production.
By 1 February 2019, the Commission shall adopt a delegated act in accordance with Article 35 to supplement this Directive by setting out the criteria for certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels and for determining the high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. The report and the accompanying delegated act shall be based on the best available scientific data.	By 1 February 2019, the Commission shall adopt a delegated act in accordance with Article 35 to supplement this Directive by setting out the criteria for determining the high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high-carbon stock is observed. The report and the accompanying delegated act shall be based on the best available scientific data.
By 1 September 2023, the Commission shall review the criteria laid down in the delegated act referred to in the fourth subparagraph based on the best available scientific data and shall adopt delegated acts in accordance with Article 35 to amend such criteria, where appropriate, and to include a trajectory to gradually decrease the contribution to the Union target set in Article 3(1) and to the minimum share referred to in the first subparagraph of Article 25(1), of high indirect land-use change-risk biofuels, bioliquids and biomass fuels produced from feedstock for which a significant expansion of the production into land with high-carbon stock is observed.	By 1 July 2022, the Commission shall submit to the European Parliament and to the Council an update of the report on the status of worldwide production expansion of the relevant food and feed crops. This update must include the most recent data from the last two years with regards to deforestation, particularly in South America, and must address other high risk commodities in the category of high indirect land use change risk feedstocks and their by-products.
	For the purpose of the delegated act he Commission shall evaluate a decrease of the threshold in Article 3(b) Regulation 2019/807 as regards the maximum share of the average annual expansion of the global production area in high carbon stocks in line with the latest scientific evidence. If appropriate, the list of high land­use change­risk feedstock shall be amended accordingly.

Amendment  87

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point b

Directive (EU) 2018/2001

Article 27 – paragraph 1 – point a – point iii

Text proposed by the Commission	Amendment
(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ECF(e) set out in in Annex V	(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator EF(t) set out in in Annex V to properly account for the emission reductions achieved; Member States implementing the greenhouse gas intensity reduction target in Article 25(1) by means of a national target for the share of renewable energy within the final consumption of energy in the transport sector shall consider the share of renewable electricity to be four times its energy content;

Amendment  88

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point c

Directive (EU) 2018/2001

Article 27 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) the shares of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and of renewable fuels of non-biological origin supplied in the aviation and maritime modes shall be considered to be 1,2 times their energy content.;	(c) the shares of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and of renewable fuels of non-biological origin supplied in the aviation and maritime modes, including for voyages to or from third countries, shall be considered to be 2 times their energy content.’;

Amendment  89

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point b a (new)

Directive (EU) 2018/2001

Article 28 – paragraph 6

Present text	Amendment
By 25 June 2019 and every two years thereafter, the Commission shall review the list of feedstock set out in Parts A and B of Annex IX with a view to adding feedstock in accordance with the principles set out in the third subparagraph.	By 25 June 2019 and every two years thereafter, the Commission shall review the list of feedstock set out in Parts A and B of Annex IX with a view to adding and removing feedstock in accordance with the principles set out in the third subparagraph.
The Commission is empowered to adopt delegated acts in accordance with Article 35 to amend the list of feedstock set out in Parts A and B of Annex IX by adding, but not removing, feedstock. Feedstock that can be processed only with advanced technologies shall be added to Part A of Annex IX. Feedstock that can be processed into biofuels, or biogas for transport, with mature technologies shall be added to Part B of Annex IX.	The Commission is empowered to adopt delegated acts in accordance with Article 35 to amend the list of feedstock set out in Parts A and B of Annex IX by adding or removing, feedstock. Feedstock that can be processed only with advanced technologies shall be added to Part A of Annex IX. Feedstock that can be processed into biofuels, or biogas for transport, with mature technologies shall be added to Part B of Annex IX.
Such delegated acts shall be based on an analysis of the potential of the raw material as feedstock for the production of biofuels and biogas for transport, taking into account all of the following:	Such delegated acts shall be based on an analysis of the potential of the raw material as feedstock for the production of biofuels and biogas for transport, taking into account all of the following:
(a) the principles of the circular economy and of the waste hierarchy established in Directive 2008/98/EC;	(a) the principles of the circular economy and of the waste hierarchy established in Directive 2008/98/EC;
(b) the Union sustainability criteria laid down in Article 29(2) to (7);	(b) the Union sustainability criteria laid down in Article 29(2) to (7);
(c) the need to avoid significant distortive effects on markets for (by­)products, wastes or residues;	(c) the need to avoid significant distortive effects on markets for (by­)products, wastes or residues;
(d) the potential for delivering substantial greenhouse gas emissions savings compared to fossil fuels based on a life­ cycle assessment of emissions;	(d) the potential for delivering substantial greenhouse gas emissions savings compared to fossil fuels based on a life­ cycle assessment of emissions;
(e) the need to avoid negative impacts on the environment and biodiversity;	(e) the need to avoid negative impacts on the environment and biodiversity;
(f) the need to avoid creating an additional demand for land.	(f) the need to avoid creating an additional demand for land;
	(g) the principle of investment security, including investment cycles in the Member States.

Amendment  90

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point i a (new)

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 1

Present text	Amendment
	(ia) – in paragraph 1, the first subparagraph is replaced by the following:
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 subparagraph only if they fulfil the sustainability and the greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10:	"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 subparagraph only if they fulfil the sustainability and the greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10, and if they respect the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and take into account the cascading principle referred to in Article 3;

Amendment  91

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point i a (new)

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	(ia) in paragraph 1, the following subparagraph 1a  is inserted:
	“Energy from solid biomass fuels shall not be taken into account for the purposes referred to in points (a), (b) and (c) of this subparagraph if these are derived from primary woody biomass as defined in Article 2 of this Directive”;

Amendment  92

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point i b (new)

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 2

Present text	Amendment
However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.	"However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. In the case of the use of mixed wastes, however, the operators are required to apply mixed waste sorting systems of defined quality aimed at removing fossil materials. This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.

Amendment  93

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point ii

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 4 – point a

Text proposed by the Commission	Amendment
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 5 MW,	— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 7.5 MW,

Amendment  94

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point ii

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 4 – point c – point i

Text proposed by the Commission	Amendment
(i) above 200 m3 methane equivalent/h measured at standard conditions of temperature and pressure (i.e. 0ºC and 1 bar atmospheric pressure);	(i) above 500 m3 methane equivalent/h measured at standard conditions of temperature and pressure (i.e. 0ºC and 1 bar atmospheric pressure);

Amendment  95

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a b (new)

Directive (EU) 2018/2001

Article 29 – paragraph 3 – subparagraph 1

Present text	Amendment
Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with a high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status:	Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with a high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status:
(a) primary forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;	(a) primary and old-growth forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;
(b) 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;	(b) highly biodiverse forest and other wooded land 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 production of that raw material did not interfere with those nature protection purposes;
(c) areas designated:	(c) areas designated:
(i) by law or by the relevant competent authority for nature protection purposes; or	(i) by law or by the relevant competent authority for nature protection purposes; or
(ii) 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, subject to their recognition in accordance with the first subparagraph of Article 30(4), unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;	(ii) 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, subject to their recognition in accordance with the first subparagraph of Article 30(4), unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes;
(d) highly biodiverse grassland spanning more than one hectare that is:	(d) highly biodiverse grassland spanning more than one hectare that is:
(i) natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; or	(i) natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; or
(ii) non ­natural, namely grassland that would cease to be grassland in the absence of human intervention and that is species­rich 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 that is species­rich 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.
	(iii) heathland that maintains the natural species composition and ecological characteristics and processes."

Amendment  96

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point c a (new)

Directive (EU) 2018/2001

Article 29 – paragraph 4 – subparagraph 1

Present text	Amendment
	(ca)   – in paragraph 4, subparagraph 1 is replaced by the following
Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with high ­carbon stock, namely land that had one of the following statuses in January 2008 and no longer has that status:	"Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained from land with high­ carbon stock, namely land that had one of the following statuses in January 2008 and no longer has that status:
(a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;	(a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;
(b) continuously forested areas, namely land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ;	(b) continuously forested areas, namely land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ;
(c) land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex V is applied, the conditions laid down in paragraph 10 of this Article would be fulfilled.	(c) land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex V is applied, the conditions laid down in paragraph 10 of this Article would be fulfilled.
	(ca) heathland that maintains the natural species composition and ecological characteristics and processes.

Amendment  97

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point d

Directive (EU) 2018/2001

Article 29 – paragraph 5

Text proposed by the Commission	Amendment
5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil.;	5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil and compliance on national or subnational level, in line with the criteria to minimise the risk of using forest biomass derived from unsustainable production referred to in paragraph 6, can be reported by competent national authority.;

Amendment  98

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point d a (new)

Directive (EU) 2018/2001

Article 29 – paragraph 5 a

Text proposed by the Commission	Amendment
	(da)  the following paragraph 5a is inserted:
	“5a.  Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained in a country that is not Party to the Paris Agreement”;

Amendment  99

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point d b (new)

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – introductory part

Present text	Amendment
	(db)  in paragraph 6, first subparagraph, the introductory part is replaced by the following:
Biofuels, bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall meet the following criteria to minimise the risk of using forest biomass derived from unsustainable production:	"Biofuels, bioliquids and biomass fuels produced from forest biomass, taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be derived from primary woody biomass,  fully respect the waste hierarchy as set out in Article 4 of Directive 2008/98/EC, take into account the cascading principle referred to in Article 3, and shall meet the following criteria to minimise the risk of using woody biomass derived from unsustainable production:";

Amendment  100

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e b (new)

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – point a – point iii

Present text	Amendment
	(eb)  in paragraph 6, subparagraph 1, point (a), point (iii) is replaced by the following:
(iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands and peatlands, are protected;	"(iii)  that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands, grassland, heathland and peatlands, are protected with the aim of preserving biodiversity and to prevent habitat destruction as set out in Directive 2009/147/EC and Directive 92/43/EEC, the environmental status of oceans as set out in Directive 2008/56/EC as well as the ecological status of rivers as set out in Directive 2000/60/EC;";

Amendment  101

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – point a – point iv

Text proposed by the Commission	Amendment
(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:	(iv) that harvesting is carried out ensuring maintenance of soil quality and biodiversity with the aim of preventing negative impacts, in a way that prevents harvesting of stumps and roots not suitable for material use e.g.  through the use of sustainable forest management practices, degradation of primary and old-growth forests or their conversion into plantation forests, and harvesting on vulnerable soils; prevents clear-cuts, unless this leads to favourable and appropriate ecosystem conditions, ensures locally and ecologically appropriate thresholds for deadwood extraction, and ensures requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:

Amendment  102

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – point b – point iv

Text proposed by the Commission	Amendment
(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;	(iv) that harvesting is carried out ensuring maintenance of soil quality and biodiversity with the aim of preventing negative impacts, in a way that prevents harvesting of stumps and roots not suitable for material use e.g.  through the use of sustainable forest management practices, degradation of primary and old-growth forests or their conversion into plantation forests, and harvesting on vulnerable soils; prevents clear-cuts, unless this leads to favourable and appropriate ecosystem conditions, ensures locally and ecologically appropriate thresholds for deadwood extraction, and ensures requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:

Amendment  103

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f a (new)

Directive (EU) 2018/2001

Article 29 – paragraph 7 a (new)

Text proposed by the Commission	Amendment
	(fa)  the following paragraph 7a is inserted:
	“7a. Biofuels, bioliquids and biomass fuels produced from forest biomass shall not exceed the cap defined at national level for the use of forest biomass that is consistent with the Member State’s targets on carbon sink growth as defined in the revised Regulation 2018/841.”;

Amendment  104

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point g b (new)

Directive (EU) 2018/2001

Article 29 – paragraph 11 – subparagraph 1 – introductory part

Present text	Amendment
	(gb) paragraph 11, subparagraph 1 is replaced by the following:
Electricity from biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 only if it meets one or more of the following requirements:	"Electricity from biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 only if the fuels in use do not include primary woody biomass and it meets one or more of the following requirements:

Amendment  105

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point g d (new)

Directive (EU) 2018/2001

Article 29 – paragraph 14

Text proposed by the Commission	Amendment
	(gd)  paragraph 14 is replaced by the following:
14.  For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1, Member States may establish additional sustainability criteria for biomass fuels	"14.  For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1, Member States may establish additional sustainability criteria for biofuels, bioliquids and biomass fuels"

Amendment  106

Proposal for a directive

Article 1 – paragraph 1 – point 19

Directive (EU) 2018/2001

Article 29a – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law.;	3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law. The carbon content of the wastes and their release to the atmosphere shall be included in the methodology.
	In any case, the methodology for assessing greenhouse gas emissions savings from recycled carbon fuels shall consider, in a life-cycle approach, the embedded carbon.

Amendment  107

Proposal for a directive

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

Directive (EU) 2018/2001

Article 29 b (new)

Text proposed by the Commission	Amendment
	(19a) the following Article 29b is inserted:
	“Article 29b
	Sustainability criteria for hydropower plants
	For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 of Article 29 energy generated by hydropower shall be produced at a plant which in accordance with Directive 2000/60/EC and in particular Articles 4 and 11 of that Directive has implemented all technically feasible and ecologically relevant mitigation measures to reduce adverse impacts on water as well measures to enhance protected habitats and species directly dependent on water, which include at least the following measures:
	(a)  enabling efficient and effective upstream and downstream fish migration
	(b)  contributing to the objectives and measures of the Pan -European Action Plan for Sturgeons, where applicable
	(c)  ensuring minimum ecological flow at all times.
	Hydropower plants that were commissioned after 31 December 2022 shall further comply with the following conditions:
	(a)  shall not be located at a site prioritised for a barrier removal to achieve longitudinal connectivity to reach the target of free flowing rivers under the Biodiversity Strategy
	(b)  shall have an installed capacity of 10 MW or greater. ”;

Amendment  108

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point a

Directive (EU) 2018/2001

Article 30 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
Where renewable fuels and recycled carbon fuels are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels and recycled-carbon fuels have been fulfilled. For that purpose, they shall require economic operators to use a mass balance system which:;	Where renewable fuels and recycled carbon fuels are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show via mandatory independent and publicly available audits that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels and recycled-carbon fuels have been fulfilled. For that purpose, they shall require economic operators to use a mass balance system which:;

Amendment  109

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point b

Directive (EU) 2018/2001

Article 30 – paragraph 3 – subparagraph 1

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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that information.	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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), take into account EU biodiversity targets, and that economic operators make available to the relevant Member State, upon request, and to the public the data used to develop that information. Member States shall accredit independent assurance service providers in accordance with Regulation (EC) No 765/2008 to provide an opinion on the information submitted, and to provide evidence that this has been done. In order to comply with Article 29(3), points (a), (b) and (d), Article 29(4), point (a), Article29(5), Article 29(6), point (a) and Article 29(7), point (a), the first or second party auditing may be used up to the first gathering point of the forest biomass. 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 waste or residue. It shall evaluate the frequency and methodology of sampling and the robustness of the data.

Amendment  110

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point b

Directive (EU) 2018/2001

Article 30 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
The obligations laid down in this paragraph shall apply regardless of whether renewable fuels and recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.;	The obligations laid down in this paragraph shall apply regardless of whether renewable fuels and recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers in an up to date, easily accessible, and user-friendly manner on the websites of operators, suppliers and the relevant competent authorities as well as at refuelling stations and shall be updated on an annual basis.;

Amendment  111

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point c a (new)

Directive (EU) 2018/2001

Article 30 – paragraph 4 – subparagraph 2

Present text	Amendment
	(ca)  in paragraph 4,  subparagraph 2 is replaced by the following:
The Commission may decide that those schemes contain accurate information on measures taken for soil, water and air protection, for the restoration of degraded land, for the avoidance of excessive water consumption in areas where water is scarce, and for certification of biofuels, bioliquids and biomass fuels with low indirect land­use change­risk	"The Commission may decide that those schemes contain accurate information on measures taken for soil, water and air protection, for the restoration of degraded land and for the avoidance of excessive water consumption in areas where water is scarce."

Amendment  112

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point d

Directive (EU) 2018/2001

Article 30 – paragraph 6 – subparagraph 4

Text proposed by the Commission	Amendment
For installations producing electricity heating and cooling with a total rated thermal input between 5 and 10 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.;	For installations producing electricity heating and cooling with a total rated thermal input between 5 and 20 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.

Amendment  113

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive (EU) 2018/2001

Article 31 – paragraph 2, 3 and 4

Text proposed by the Commission	Amendment
(21) in Article 31, paragraphs 2, 3 and 4 are deleted:	deleted

Amendment  114

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31a – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels.	1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels, including the tracing of the feedstocks listed in Annex IX used in their production, and recycled carbon fuels.

 

Amendment  115

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31a – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union. Information on whether support has been provided for the production of a specific consignment of fuel, and if so, on the type of support scheme, shall also be included in the database.	Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions, including their raw materials and its origins life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union.

Amendment  116

Proposal for a directive

Article 2 a (new)

Regulation (EU) 2019/943

Article 55 – paragraph 1 – point b

Present text	Amendment
	Article 2a
	Amendments to Regulation (EU) 2019/943
	In Article 55, paragraph 1, point (b)  is replaced by the following :
b) facilitating the integration of renewable energy resources, distributed generation and other resources embedded in the distribution network such as energy storage;	"b) facilitating the integration of renewable energy resources, distributed generation and other resources embedded in the distribution network such as energy storage, low to medium temperature renewable heating and cooling district heating systems or renewable community heating and cooling systems as outlined in Article 2 of [amended Directive 2018/2001/EC];"

(Regulation 2019/943)

Amendment  117

Proposal for a directive

Annex I – paragraph 1 – point 5 – point c

Directive (EU) 2018/2001

Annex V – part C – point 18

Text proposed by the Commission	Amendment
18. For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs, and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’;	18. For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs, and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery’;

Amendment  118

Proposal for a directive

Annex I – paragraph 1 – point 6 – point c

Directive (EU) 2018/2001

Annex VI – part B – point 18 – subparagraph 3

Text proposed by the Commission	Amendment
Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D of Annex V.	Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product.

Justification

The proposals regarding the calculation rules for residues that are not listed in annex IX are unacceptable and risk hampering the development of advanced biofuels, biogas and biomethane. This is because the greenhouse gas emissions of waste and residues not listed in annex IX would no longer be neutral at the collection point.

Amendment  119

Proposal for a directive

Annex I – paragraph 1 – point 6 a (new)

Directive (EU) 2018/2001

Annex VI – part B a (new)

Text proposed by the Commission	Amendment
	(6a) In Annex VI, part Ba is added:
	“Part Ba.
	Biomass fuel feedstocks for use in stationary installations outside the transport sector, including the following points:
	1. Biomass fraction of residues and waste in the primary food processing industry:
	(a) beet pulp (only self-use internal to sector)
	(b) herbs & leaves from beet washing
	(c) cereal husks and fruit shells
	(d) biomass fraction of industrial waste not fit for use in the food and feed chain
	(e) the fibrous fraction of sugar beet after extraction of the diffusion juice, leaves and tails and other liquors obtained after sugar extraction
	2. Biomass fraction of sludge from waste water treatment in the primary food processing industry;

 

 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652
References	COM(2021)0557 – C9-0329/2021 – 2021/0218(COD)
Committee responsible  Date announced in plenary	ITRE 13.9.2021
Opinion by  Date announced in plenary	ENVI 13.9.2021
Associated committees - date announced in plenary	11.11.2021
Rapporteur for the opinion  Date appointed	Nils Torvalds 15.9.2021
Discussed in committee	2.2.2022
Date adopted	17.5.2022
Result of final vote	+: –: 0:	58 20 9
Members present for the final vote	Mathilde Androuët, Margrete Auken, Simona Baldassarre, Marek Paweł Balt, Traian Băsescu, Aurélia Beigneux, Monika Beňová, Hildegard Bentele, Sergio Berlato, Alexander Bernhuber, Malin Björk, Simona Bonafè, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Esther de Lange, Christian Doleschal, Marco Dreosto, Bas Eickhout, Cyrus Engerer, Agnès Evren, Pietro Fiocchi, Raffaele Fitto, Andreas Glück, Catherine Griset, Jytte Guteland, Teuvo Hakkarainen, Martin Hojsík, Pär Holmgren, Jan Huitema, Yannick Jadot, Adam Jarubas, Petros Kokkalis, Ewa Kopacz, Peter Liese, Sylvia Limmer, Javi López, César Luena, Marian-Jean Marinescu, Fulvio Martusciello, Liudas Mažylis, Joëlle Mélin, Tilly Metz, Silvia Modig, Dolors Montserrat, Alessandra Moretti, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Jutta Paulus, Stanislav Polčák, Jessica Polfjärd, Nicola Procaccini, Luisa Regimenti, Frédérique Ries, María Soraya Rodríguez Ramos, Sándor Rónai, Rob Rooken, Silvia Sardone, Christine Schneider, Günther Sidl, Ivan Vilibor Sinčić, Linea Søgaard-Lidell, Maria Spyraki, Nicolae Ştefănuță, Nils Torvalds, Edina Tóth, Véronique Trillet-Lenoir, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Anna Zalewska
Substitutes present for the final vote	Michael Bloss, Manuel Bompard, Milan Brglez, Stelios Kympouropoulos, Manuela Ripa, Christel Schaldemose, Vincenzo Sofo, Idoia Villanueva Ruiz

 

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

58	+
NI	Ivan Vilibor Sinčić
PPE	Hildegard Bentele, Nathalie Colin-Oesterlé, Agnès Evren, Adam Jarubas, Ewa Kopacz, Stelios Kympouropoulos, Esther de Lange, Peter Liese, Liudas Mažylis, Dolors Montserrat, Ljudmila Novak, Stanislav Polčák, Maria Spyraki, Pernille Weiss
Renew	Pascal Canfin, Martin Hojsík, Jan Huitema, Frédérique Ries, María Soraya Rodríguez Ramos, Nicolae Ştefănuță, Linea Søgaard-Lidell, Nils Torvalds, Véronique Trillet-Lenoir, Michal Wiezik
S&D	Marek Paweł Balt, Monika Beňová, Simona Bonafè, Milan Brglez, Delara Burkhardt, Sara Cerdas, Mohammed Chahim, Cyrus Engerer, Jytte Guteland, Javi López, César Luena, Alessandra Moretti, Sándor Rónai, Christel Schaldemose, Günther Sidl, Petar Vitanov, Tiemo Wölken
The Left	Malin Björk, Manuel Bompard, Petros Kokkalis, Silvia Modig, Idoia Villanueva Ruiz, Mick Wallace
Verts/ALE	Margrete Auken, Michael Bloss, Bas Eickhout, Pär Holmgren, Yannick Jadot, Tilly Metz, Ville Niinistö, Grace O'Sullivan, Jutta Paulus, Manuela Ripa

 

20	-
ECR	Sergio Berlato, Pietro Fiocchi, Raffaele Fitto, Nicola Procaccini, Rob Rooken, Vincenzo Sofo, Alexandr Vondra, Anna Zalewska
ID	Simona Baldassarre, Marco Dreosto, Teuvo Hakkarainen, Sylvia Limmer, Silvia Sardone
NI	Edina Tóth
PPE	Traian Băsescu, Alexander Bernhuber, Marian-Jean Marinescu, Jessica Polfjärd
Renew	Andreas Glück, Emma Wiesner

 

9	0
ID	Mathilde Androuët, Aurélia Beigneux, Catherine Griset, Joëlle Mélin
PPE	Christian Doleschal, Fulvio Martusciello, Luisa Regimenti, Christine Schneider
S&D	Tudor Ciuhodaru

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM (19.5.2022)

for the Committee on Industry, Research and Energy

on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

(COM(2021)0557 – C9‑0329/2021 – 2021/0218(COD))

Rapporteur for opinion: Barbara Thaler

 

SHORT JUSTIFICATION

Starting point

 

The revision of the Renewable Energy Directive is necessary to achieve the European Union`s targets set in the Climate Target Plan. The main aim is to increase the share of renewable energy from 32% to 40%. 

 

According to EUROSTAT[38] this would require to more than double the share of renewable energy from roughly 15% in 2019 to 40% in 2030. In 2019, the year before the COVID-19 pandemic, the primary energy consumption in the EU was covered by five different sources. Oil (incl. crude oil) had by far the largest share with 36%, followed by natural gas (22%) and renewable energy (15%) on the second and third place. Nuclear energy and solid fossil fuels contributed 13% each.

 

61% of the final energy consumption had to be imported while 39% was produced within the European Union. Of the EU-based production, renewable energy accounted for the largest share with 37%, followed by nuclear energy with 32%. Solid fuels contributed roughly a fifth to the energy production with 19% followed by natural gas (8%) and crude oil (4%).[39]

 

Sustainability energy means clean, reliable and affordable energy:

 

While the main objective of the revision of REDII is to substantially increase the share of renewable energy forms in the years to come, the unparalleled transformation of the energy sector makes it necessary to introduce certain safeguards.

 

European energy needs to become cleaner, but it also needs to stay affordable and reliable. Otherwise, the European Union will set an example that the rest of the world will not be willing to follow. Maintaining the advantages of the former system, namely its reliability and affordability, while decreasing our dependency and carbon footprint are all necessary factors that need to be equally considered in the revision of the REDII. Similarly, its provisions should equally take into account the rising energy demand to prevent mobility reduction and energy and transport poverty. 

 

Primarily, a functioning internal market for renewable energy is a key prerequisite to meet the aforementioned demands. In order to keep energy affordable, renewable energy has to be produced where the given geography of Europe is most suitable and not due to the particular state aide landscape of our Member States.

 

A functioning internal market requires a lean and uniform framework that lays the groundwork to trade,  trace and to enforce. Consequently, considerable investments into transmission grids within and between Member States need to be made, in order to lower dispatch costs and to make power purchase agreements more attractive. Incentives need to be given for Member States to develop more joint projects. Furthermore, owners of battery electric vehicles should be given the possibility of being incorporated in a better management of demand and supply via virtual power plants. 

 

Technology neutrality:

 

The long-term goal to reach climate neutrality by 2050 is unequally more challenging than the interim 2030 target. Such ambitious targets demand a broad set of tools and out of the box thinking, especially if also considering affordability, reliability and an increasing energy demand. Artificially limiting research and development in certain sectors and for certain applications is adding an unnecessary burden on top of a world-wide unique endeavour. In order to reach the targets in the most efficient way, different technologies have to compete with each other on the market and it is up to the end-consumer to choose the most suitable option. Therefore, the legislation has to ensure a level playing field between all energy carriers and all possible technologies, while the responsible authorities must ensure proper enforcement.

 

Renewable fuels and gases of biological origin:

 

The rules for bio feedstock have just recently been adopted in the recast of REDII and some Member States are still working on implementing the new measures. In addition, the Commission still needs to come forward with delegated and implementing acts. The previous recast of RED fully addressed the potential negative effects that first generation biofuels could have had without proper rules. The sustainability criteria, together with the reporting and monitoring obligations, ensure that no harm is done if the rules are applied and enforced properly. Therefore, a further tightening of available bio feedstock is against economic and environmental rational, since conventional biofuels are the only affordable option to replace conventional fuels in sufficient quantities for the time being. As an exemption of this general rule, Member States may specify certain national rules for the use of forestry based biomass to address unique circumstances, linked to the cascading principle, if necessary. Conventional biofuels, together with advanced biofuels, are also the main source for potential green jobs in Europe and allow Member States to diversify their supply according to their national capacities.

 

Renewable fuels and gases of non-biological origin:

 

Fuels and gases derived from renewable hydrogen have a potentially unlimited availability and could power all modes of transport without additional investments in infrastructure. However, their potential is limited due to their high price and the enormous amounts of clean electricity needed. The industry is still in a juvenile stage and has to be scaled up before the price per unit can become competitive. Since the industry is still evolving and the necessary amounts of electricity are not readily available, considerable investments to rump up RFNBOs market are at stake. Those investments could create a considerable amount of green jobs in Europe, but the danger of investment leakage is extremely high, since geographical conditions to produce vast amounts of clean electricity are unequal within Member States. In addition, neither electricity nor hydrogen can easily be transported across continents and hydrogen is needed as easily dispatchable storage for renewable electricity and as raw material for the industry. In order to mitigate the risk of 100% investment leakage, only sub-targets for hydrogen should be introduced in RED III. This would avoid shifting dependency of certain countries to other countries and thus strengthen the resilience of the EU.

 

Low-carbon fuels and gases:

 

In order to enable an affordable and timely transition towards decarbonised energy-carriers, the investment in electrolysers and pyrolysers must be decoupled from the parallel roll-out of renewable electricity and the expansion of the transmission grids. In order to allow electrolysers to reach their full capacity, the principle of additionality, together with the requirement of only using 100% renewable electricity, need to be abolished. However, such hydrogen should consequently not count to the renewable energy target of 40%, but fuels and gases derived from it should be able to contribute to the -13% green-house-gas intensity target, as long as they save more than 70% in comparison to their conventional equivalents. Shortly before 2030, the Commission should present a report on whether  low-carbon fuels and gases are still needed or if they may be phased out.

 

Sub-targets, quotas and caps:

 

A sub-target for RFNBOs should be postponed until 2030 and should be linked to a possible out phasing of low-carbon gases and fuels in order to give Europe the time needed to develop an industry on its own territory. Introducing a binding sub-target at the time being, would lead to investment leakage and would put a home-grown industry at a competitive disadvantage for the next decades.

Sub-targets for advanced biofuels lower have a lesser risk of investment leakage. However, sub-targets would nonetheless harm research and innovation, since fuel suppliers would inevitably and prematurely choose the cheapest and most readily available product on the market. Therefore, Member States and industry should be able to choose the most suitable option on their territory, which might have positive side effects for the whole economy.

 

The caps for conventional biofuels and feedstock in Annex IX b should be abolished in order to allow as much feedstock and options as possible. The only limitation to fuels and gases should be based on the sustainability criteria as laid out in Art 29 of REDII.

 

AMENDMENTS

The Committee on Transport and Tourism 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 1 a (new)

Text proposed by the Commission	Amendment
	(1a) This transition affects Member States, regions, economic sectors and citizens differently and depending on their particular situation. It is therefore essential to ensure that the Green Deal is implemented in a way that promotes economic, social and territorial cohesion in the EU and that the transition is just and inclusive. In particular, it must be ensured that disruptions are avoided in critical sectors that meet basic needs of the economy and society, such as mobility.

Amendment  2

 

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission	Amendment
	(1b) Energy is an essential production factor that is in constant demand and vitally important in economic, social and environmental terms. All human activities, including transport, depend on sufficient and affordable energy being available when needed.

Amendment  3

 

Proposal for a directive

Recital 1 c (new)

Text proposed by the Commission	Amendment
	(1c) This Directive aims to ensure that, as part of the EU´s energy policy, investments in renewable energy production are encouraged while upholding the energy sovereignty of each Member State.

Amendment  4

 

Proposal for a directive

Recital 1 d (new)

Text proposed by the Commission	Amendment
	(1d) The Renewable energy directive is part of the ‘Fit for 55 package’, which will also have multiple effects on the Union, including on competitiveness, job creation, household purchasing power, the achievement of climate targets and on the magnitude of carbon leakage. As such, a comprehensive evaluation of the aggregated macroeconomic impact of the Regulations that make up the ‘Fit for 55 package’ should be carried out on a regular basis.

Amendment  5

 

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2a) The transformation of the Union’s energy system towards renewable energy is not possible by means of domestic sources alone. A broad-based strategy for the importation of renewable electricity, renewable hydrogen and low-carbon energy from as many naturally suitable regions as possible is necessary, also to reduce fossil dependencies.

Amendment  6

 

Proposal for a directive

Recital 4

Text proposed by the Commission	Amendment
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11 , with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/ECof the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non-renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13 . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemesWaste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage.	(4) When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/ECof the European Parliament and of the Council12. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants, unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage. In addition, Member States should reflect the cascading principle in their national legislations.
__________________	__________________
11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal.
12 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).	12 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).
13 https://publications.jrc.ec.europa.eu/repository/handle/JRC122719

Amendment  7

 

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.	(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.

Amendment  8

 

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) Member States’ cooperation to promote renewable energy can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation has been very limited, thus leading to suboptimal results in terms of efficiency in increasing renewable energy. Member States should therefore be obliged to test cooperation through implementing a pilot project. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129414 would meet this obligation for the Member States involved.	(7) Member States’ cooperation to promote renewable energy can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation has been very limited, thus leading to suboptimal results in terms of efficiency in increasing renewable energy and exploiting additional benefits from economies of scale. Member States should therefore be obliged to submit a list of joint projects until 2024 where they lay out joint projects they will engage in until 2035. From 2028 onwards the Union should only support joint projects.
__________________
14 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).

Amendment  9

 

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio-economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea.	(8) The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define the amount of offshore renewable generation to be deployed in line with maritime spatial planning within each sea basin by 2050, with intermediate steps in 2030 and 2040. Where intermediate steps are not in line with the 2030, 2040 and 2050 objectives, the Commission should take additional measures to facilitate the roll-out of offshore renewable energy. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should be obliged to combine offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This will allow electricity to flow in different directions, thus maximising socio-economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea.

Amendment  10

 

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of technologies which produce renewable energy while providing certainty for investors and local level engagement.	(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of technologies which produce renewable energy while providing certainty for investors and local level engagement, while taking into consideration the different age, architecture and conditions of the building stock of each Member State.

Amendment  11

 

Proposal for a directive

Recital 16

Text proposed by the Commission	Amendment
(16) In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point should be provided under non-discriminatory terms and free of charge to the owners or users of the batteries and the entities acting on their behalf, such as building energy system managers, mobility service providers and other electricity market participants. It is therefore appropriate to introduce measures addressing the need of access to such data for facilitating the integration-related operations of domestic batteries and electric vehicles, complementing the provisions on access to battery data related to facilitating the repurposing of batteries in [the proposed Commission regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles.	(16) In order for flexibility and balancing services from the aggregation of distributed storage assets to be developed in a competitive manner, real-time access to basic battery information such as state of health, state of charge, capacity and power set point should be provided under non-discriminatory terms and free of charge to the owners of the batteries, in full compliance with the relevant provisions in Regulation [(EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data]. The Commission should therefore carry out an assessment, in order to determine which measures would facilitate the integration-related operations of domestic batteries and electric vehicles. The provisions on access to battery data of electric vehicles should apply in addition to any laid down in Union law on type approval of vehicles.

Amendment  12

 

Proposal for a directive

Recital 17

Text proposed by the Commission	Amendment
(17) The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion and takes full advantage of the availability of renewable electricity and low electricity prices in the system. In situations where bidirectional charging would assist further penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general, such functionality should also be made available. In view of the long life span of recharging points, requirements for charging infrastructure should be kept updated in a way that would cater for future needs and would not result in negative lock-in effects to the development of technology and services.	(17) The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion and takes full advantage of the availability of renewable electricity and low electricity prices in the system. In situations where smart and bidirectional charging would assist further efficient penetration of renewable electricity by electric vehicle fleets in transport and the electricity system in general, such functionality should also be made available. In view of the long life span of recharging points, requirements for charging infrastructure should be kept updated in a way that would cater for future needs and would not result in negative lock-in effects to the development of technology and services.

Amendment  13

 

Proposal for a directive

Recital 18

Text proposed by the Commission	Amendment
(18) Electric vehicle users entering into contractual agreements with electromobility service providers and electricity market participants should have the right to receive information and explanations on how the terms of the agreement will affect the use of their vehicle and the state of health of its battery. Electromobility service providers and electricity market participants should explain clearly to electric vehicle users how they will be remunerated for the flexibility, balancing and storage services provided to the electricity system and market by the use of their electric vehicle. Electric vehicle users also need to have their consumer rights secured when entering into such agreements, in particular regarding the protection of their personal data such as location and driving habits, in connection to the use of their vehicle. Electric vehicle users’ preference regarding the type of electricity purchased for use in their electric vehicle, as well as other preferences, can also be part of such agreements. For the above reasons, it is important that electric vehicle users can use their subscription at multiple recharging points. This will also allow the electric vehicle user’s service provider of choice to optimally integrate the electric vehicle in the electricity system, through predictable planning and incentives based on the electric vehicle user preferences This is also in line with the principles of a consumer-centric and prosumer-based energy system, and the right of supplier choice of electric vehicle users as final customers as per the provisions of Directive (EU) 2019/944.	(18) Electric vehicle users entering into contractual agreements with electromobility service providers and electricity market participants should have the right to receive information and explanations on how the terms of the agreement will affect the use of their vehicle and the state of health of its battery. Transmission grid operators and/or distribution grid operators should explain clearly to electric vehicle users how they will be remunerated for the flexibility and how their aggregated data will be used for balancing and storage services provided to the electricity system and market by the use of their electric vehicle. Electric vehicle users also need to have their consumer rights secured when entering into such agreements, in particular regarding the protection of their privacy and personal data such as location and driving habits, in connection to the use of their vehicle. Electric vehicle users’ preference regarding the type of electricity purchased for use in their electric vehicle, as well as other preferences, can also be part of such agreements. It is essential that the use of publicly accessible recharging stations is open to all users, regardless of the car brand or connector type, whether or not they are part of a contract-based payment scheme and that they accept payment cards widely used in the Union.

Amendment  14

 

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(19) Distributed storage assets, such as domestic batteries and batteries of electric vehicles have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such services, the regulatory provisions concerning connection and operation of the storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration renewable electricity, in comparison with larger, stationary storage assets.	(19) Decentralised energy resources such as distributed renewable generation, demand response, smart heating and cooling devices, hot water tanks, thermal energy storage, distributed storage assets, such as domestic batteries and batteries of electric vehicles have the potential to offer considerable flexibility and balancing services to the grid and the energy system through aggregation. In order to facilitate the development of such devices and related services, the regulatory provisions concerning connection and operation of the decentralised energy resources assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all these assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration of renewable energy, in particular in comparison with larger assets. Member States should also provide a level playing field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing disproportionate administrative or regulatory burden.

Amendment  15

Proposal for a directive

Recital 22

Text proposed by the Commission	Amendment
(22) Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in industry should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.	(22) Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be included in a target for the use of renewable fuels of non-biological origin.

Amendment  16

 

Proposal for a directive

Recital 29

Text proposed by the Commission	Amendment
(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].	(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. Any and all environmental ambitions and CO2 reductions should guarantee that transport policy is future-proof and promotes resilience, efficiency and competitiveness in the sector. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. Member States may choose to meet the GHG target by means of measures targeting volumes, energy content or greenhouse gas emissions, provided that it is demonstrated that the greenhouse gas intensity reduction and sub-targets are met. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity.The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport – Fuel EU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport.]

Amendment  17

 

Proposal for a directive

Recital 29 a (new)

Text proposed by the Commission	Amendment
	(29a) The COVID-19 pandemic has demonstrated the strategic importance of the transport sector. The implementation of green lanes, which provided secure supply chains for health care and emergency services, essential food supply and pharmaceutical products was a good practice, which in the future should take precedence over emissions reduction in times of crisis.

Amendment  18

 

Proposal for a directive

Recital 29 b (new)

Text proposed by the Commission	Amendment
	(29b) The implementation or installation of wind-assisted propulsion and wind propulsion systems is considered as a renewable energy source and one of the decarbonisation solutions for maritime transport.

Amendment  19

 

Proposal for a directive

Recital 30

Text proposed by the Commission	Amendment
(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public to contribute, by supplying renewable electricity, towards the fulfilment of the obligation set up by Member States on fuel suppliers. While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix in transport.	(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, in all transport modes, Member States should establish a credit mechanism enabling operators of charging points accessible to the public to contribute, by supplying renewable electricity and hydrogen towards the fulfilment of the obligation set up by Member States on fuel suppliers. While supporting electricity and ‘green’ hydrogen in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix in transport.

Amendment  20

 

Proposal for a directive

Recital 30 a (new)

Text proposed by the Commission	Amendment
	(30a) While this directive is aimed to increase the share of energy produced by renewable sources, there is also a need to recognize that at this stage low-carbon fuels are still needed for the transition towards a decarbonised transport sector, as renewable fuels and renewable electricity haven’t yet reached sufficient technological maturity in all transport modes and still need significant investments to scale up their development and production.

Amendment  21

 

Proposal for a directive

Recital 30 b (new)

Text proposed by the Commission	Amendment
	(30b) Hydrogen can be used as feedstock or a source of energy in industrial and chemical processes and in air and maritime transport, decarbonising sectors in which direct electrification is not technologically possible or competitive, as well as for energy storage to balance, where necessary, the energy system, thereby playing a significant role in energy system integration;

Amendment  22

 

Proposal for a directive

Recital 30 c (new)

Text proposed by the Commission	Amendment
	(30c) Both low-carbon and renewable hydrogen should develop in the European energy market, taking into account that these have different infrastructure and investment needs and prioritizing the need for investment to scale up renewable production fast enough to reach the EU’s climate targets and environmental goals for 2030 and 2050, by exploiting low-carbon hydrogen as a bridging technology in the short term. The Commission should therefore assess how much low-carbon hydrogen will be needed for decarbonisation purposes until renewable hydrogen can play this role alone, in which cases, and for how long. In addition, the Commission and the Member States should reduce regulatory and economic hurdles in order to foster a quick market uptake of renewable hydrogen.

Amendment  23

 

Proposal for a directive

Recital 30 d (new)

Text proposed by the Commission	Amendment
	(30d) The Union regulatory framework and initiatives aimed at achieving the greenhouse gas emission reduction targets should support the industry to shift towards a more sustainable European energy system, especially when establishing new targets and production thresholds.

Amendment  24

 

Proposal for a directive

Recital 31

Text proposed by the Commission	Amendment
(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50% greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.	(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, through a strict enforcement of the sustainability criteria. Sustainable biofuels, bioliquids and biomass fuels that co-generate valuable protein for animal and human consumption, and are deforestation-free, should be a building block of the decarbonisation of transport, within a reasonable limit preventing unwanted negative impacts on the availability of food and feed resources. Member States should be put on an equal footing in their use of these sustainable bio fuels, bioliquids and biomass fuels, to reach the higher level of emission savings. In case of severe disruption on food markets, Member States should take rapid action to secure global food security, such as suspension measures on the production and blending of crop-based biofuels.

Amendment  25

 

Proposal for a directive

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) Greenhouse gas emissions of fuels will continue to be measured through a sophisticated life cycle assessment methodology. This methodology, however, can only take into account emissions that are directly related to the production of the fuels. No indirect emissions from the use of waste or residues should be taken into account in the life cycle assessment, given that estimates of such possible indirect emissions are associated with a high degree of uncertainty and are therefore unsuitable to be applied in legislation.

Amendment  26

 

Proposal for a directive

Recital 32

Text proposed by the Commission	Amendment
(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100% emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keep the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.	(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to the target. Therefore, it is essential that the calculation of the greenhouse gas reduction of each fuel is valid and in accordance with the latest scientific findings.

Amendment  27

 

Proposal for a directive

Recital 33

Text proposed by the Commission	Amendment
(33) Direct electrification of end-use sectors, including the transport sector, contributes to the efficiency and facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emissions.The creation of a framework on additionality applying specifically to renewable electricity supplied to electric vehicles in the transport is therefore not required.	(33) Increasing the target for renewable energy sources from 32% to 40% across the EU, facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emission. The creation of a framework on additionality applying specifically to renewable energy is therefore not required.

Amendment  28

 

Proposal for a directive

Recital 34

Text proposed by the Commission	Amendment
(34) Since renewable fuels of non-biological origin are to be counted as renewable energy regardless of the sector in which they are consumed, the rules to determine their renewable nature when produced from electricity, which were applicable only to those fuels when consumed in the transport sector, should be extended to all renewable fuels of non-biological origin, regardless of the sector where they are consumed.	(34) Since renewable fuels of non-biological origin are to be counted as renewable energy regardless of the sector in which they are consumed, the rules to determine their renewable nature when produced from electricity, which were applicable only to those fuels when consumed in the transport sector, should be extended to all renewable fuels of non-biological origin, regardless of the sector where they are consumed. As the producing country of Renewable fuels of non-biological origin may be different from the country consuming, a sharing mechanism needs to be ensured so that both countries benefit of the produced renewables.

Amendment  29

 

Proposal for a directive

Recital 35

Text proposed by the Commission	Amendment
(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 5 MW.	(35) To ensure a coherent approach to the higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should reflect the ETS threshold of currently 20 MW.

Amendment  30

 

Proposal for a directive

Recital 36

Text proposed by the Commission	Amendment
(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.	(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To ensure that those rules work as intended a coherent application and strict monitoring and enforcement is essential. Member States should reflect the cascading principle in their national legislations, guidelines and schemes if necessary.

Amendment  31

 

Proposal for a directive

Recital 37

Text proposed by the Commission	Amendment
(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and 10MW.	(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and 20MW.

Amendment  32

 

Proposal for a directive

Recital 38

Text proposed by the Commission	Amendment
(38) The Union database to be set up by the Commission aims at enabling the tracing of liquid and gaseous renewable fuels and recycled carbon fuels. Its scope should be extended from transport to all other end-use sectors in which such fuels are consumed. This should make a vital contribution to the comprehensive monitoring of the production and consumption of those fuels, mitigating risks of double-counting or irregularities along the supply chains covered by the Union database. In addition, to avoid any risk of double claims on the same renewable gas, a guarantee of origin issued for any consignment of renewable gas registered in the database should be cancelled.	(38) The Union database to be set up by the Commission aims at enabling the tracing of solid, liquid and gaseous renewable fuels and recycled carbon fuels. . Its scope should be extended from transport to all other end-use sectors in which such fuels are consumed. This should make a vital contribution to the comprehensive monitoring of the production and consumption of those fuels, mitigating risks of double-counting or irregularities along the supply chains covered by the Union database. In addition, to avoid any risk of double claims on the same renewable gas, a guarantee of origin issued for any consignment of renewable gas registered in the database should be cancelled. This database should be made publicly available in an open, transparent and user friendly manner. The Commission should publish annual reports for the general public about the information reported in the Union database including the quantities, the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier and per member state.

Amendment  33

 

Proposal for a directive

Recital 40

Text proposed by the Commission	Amendment
(40) The scope of Directive 98/70/EC of the European Parliament and of the Council17 should be amended in order to avoid a duplication of regulatory requirements with regard to transport fuel decarbonisation objectives and align with Directive (EU) 2018/2001.	(40) The scope of Directive 98/70/EC of the European Parliament and of the Council17 should be amended in order to avoid a duplication of regulatory requirements with regard to transport fuel decarbonisation objectives and align with Directive (EU) 2018/2001.
__________________	__________________
17 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).	17 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).

Amendment  34

 

Proposal for a directive

Recital 40 a (new)

Text proposed by the Commission	Amendment
	(40a) It is also important to encourage research and innovation in the field of clean energies, such as hydrogen, in order to meet the growing demand for alternative fuels and, above all, to make available on the market energy that is cheaper than fossil fuels like diesel, fuel oil and petrol, for which prices are now hitting record highs.

Amendment  35

 

Proposal for a directive

Recital 40 b (new)

Text proposed by the Commission	Amendment
	(40b) Fuels have a significant potential to enable the reduction of pollutant and CO2 emissions from new vehicles and the existing fleet. Directive 98/70/EC has not been updated since 2009 and in light of the introduction of new Euro 7/VII emission standards, Directive 98/70/EC needs to be revised as well.

Amendment  36

 

Proposal for a directive

Recital 47 a (new)

Text proposed by the Commission	Amendment
	(47a) Guarantees of origin which are currently in place for renewable electricity should be extended to cover renewable gas and low-carbon energy sources. Further extending the guarantees of origin system to energy from non-renewable sources, other than low-carbon energy sources, should be an option for Member States. This would provide a consistent means of proving to final consumers the origin of renewable gas such as biomethane and would facilitate greater cross-border trade in such gas. It would also enable the creation of guarantees of origin for other renewable and low-carbon gas such as hydrogen.

Amendment  37

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point a a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 1

Present text	Amendment
(1) ‘energy from renewable sources’ or ‘renewable energy’ 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 biogas;	(1) ‘energy from renewable sources’ or ‘renewable energy’ means energy from renewable non-fossil sources, namely wind (wind power and wind propulsion), solar (solar thermal and solar photovoltaic) and geothermal energy, osmotic energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas;

Amendment  38

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point i (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 3 a (new)

Text proposed by the Commission	Amendment
	(3a) `osmotic energy` means energy naturally created from the difference in salt concentration between two fluids, commonly fresh and salt water;

Amendment  39

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point ii (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 3 b (new)

Text proposed by the Commission	Amendment
	(3b) `innovative renewable energy technology’ means a technology that improves in at least one way a comparable state-of-the-art renewable technology or technologies, or makes exploitable a largely untapped renewable energy resource;

Amendment  40

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point iii (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 3 c (new)

Text proposed by the Commission	Amendment
	(3c) `wind propulsion’ or ‘wind-assisted propulsion’ means a propulsion technique that contributes primarily or auxiliary to the navigation of any type of vessel via the energy of the wind;

Amendment  41

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point a a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 12

Present text	Amendment
	(aa) In Article 2 – paragraph 2, point (12) is replaced by the following:
(12) ‘guarantee of origin’ means an electronic document which has the sole function of providing evidence to a final customer that a given share or quantity of energy was produced from renewable sources;	"(12) ‘guarantee of origin’ means an electronic document which has the sole function of providing evidence to a final customer that a given share or quantity of energy was produced from renewable sources and/or low-carbon sources;

Amendment  42

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point a

Directive (EU) 2018/2001

Article 2 – paragraph 2– point 36 a (new)

Text proposed by the Commission	Amendment
	(36a) `low carbon fuels` means liquid and gaseous fuels which save at least 70% greenhouse gas emissions in comparison to conventional liquid or gaseous fossil fuels;

Amendment  43

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point b a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 36 b (new)

Text proposed by the Commission	Amendment
	(36b) `direct air capture' means the process by which CO2 is captured from the ambient air for the production of renewable fuels of non-biological origin or other non-biogenic materials

Amendment  44

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 36 c (new)

Text proposed by the Commission	Amendment
	(36c) `renewable bio hydrogen’ means hydrogen produced from bio feedstock compatible with the sustainability criteria of Art. 29

Amendment  45

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive (EU) 2018/2001

Article 3 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	Member States shall collectively ensure that yearly biomethane production by 2030 is at least 35 billion cubic meters.

Amendment  46

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive (EU) 2018/2001

Article 3 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Moreover, each Member State shall set a minimum indicative target of 3 % of the total capacity it will install between 2020 and 2030 to be of innovative renewable energy technology.

Amendment  47

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end , they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.	3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity in their support schemes.Member States shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle in their national legislations, guidelines and schemes.

Amendment  48

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point (i)

Text proposed by the Commission	Amendment
(i) the use of saw logs, veneer logs, stumps and roots to produce energy.	(i) the use of saw logs and veneer logs.

Amendment  49

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point (iii)

Text proposed by the Commission	Amendment
(iii) practices which are not in line with the delegated act referred to in the third subparagraph.	deleted

Amendment  50

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities.	No later than one year after [the entry into force of this amending Directive], Member States shall notify the Commission how they apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities.

Amendment  51

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 4

Text proposed by the Commission	Amendment
By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity and possible market distortions, and will assess the possibility for further limitations regarding support schemes to forest biomass.;	By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on possible market distortions, and possible impacts on biodiversity.

Amendment  52

 

Proposal for a directive

Article 1 – paragraph 1 – point 2a (new)

Directive (EU) 2018/2001

Article 5 – paragraph 5

Present text	Amendment
	(2a)  Article 5 is amended as follows:
	(a)  paragraph 5 is replaced as follows:
5.  By 2023, the Commission shall carry out an evaluation of the implementation of this Article. That evaluation shall assess the need to introduce an obligation on Member States partially to open participation in their support schemes for electricity from renewable sources to producers located in other Member States with a view to a 5 % opening by 2025 and a 10 % opening by 2030.	5. "By 2025, the Commission shall carry out an evaluation of the implementation of this Article. That evaluation shall assess the need to introduce an obligation on Member States partially to open participation in their support schemes for electricity from renewable sources to producers located in other Member States with a view to a 5 % opening by 2025 and a 10 % opening by 2030.

Amendment  53

 

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2018/2001

Article 7 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
With regard to the first subparagraph, point (a), (b), or (c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport - where it is consumed.	With regard to the first subparagraph, point (a), (b), or (c), gas, electricity and hydrogen from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport - where it is consumed.

Amendment  54

 

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a

Directive (EU) 2018/2001

Article 9 – paragraph 1a

Text proposed by the Commission	Amendment
1a. By 31 December 2025, each Member State shall agree to establish at least one joint project with one or more other Member States for the production of renewable energy. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129425 shall be deemed to satisfy this obligation for the Member States involved.;	1a. By 31 December 2025, each Member State shall agree to establish at least one onshore joint project with one or more other Member States for the production of renewable energy. By 31 December 2030 coastal Member States having an annual electricity consumption of more than 100 TWh shall establish an offshore joint project with one or more other Member States for the production of renewable energy. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129425 shall be deemed to satisfy this obligation for the Member States involved.;
__________________	__________________
25 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).	25 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).

Amendment  55

 

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive (EU) 2018/2001

Article 9 – paragraph 7a

Text proposed by the Commission	Amendment
7a. Member States bordering a sea basin shall cooperate to jointly define the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps in 2030 and 2040. They shall take into account the specificities and development in each region, the offshore renewable potential of the sea basin and the importance of ensuring the associated integrated grid planning. Member States shall notify that amount in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.;	7a. Member States bordering a sea basin shall cooperate to jointly define the maritime spatial planning and the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate and detailed steps in 2030 and 2040. They shall take into account the specificities and development in each region, the offshore renewable potential of the sea basin and the importance of ensuring the associated integrated grid planning. Joint offshore renewable energy deployment plans shall collectively match targets of 60 GW by 2030 and 300 GW by 2050 for wind power and ocean energy. Member States shall notify that amount, as well as the detailed steps, in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.;

Amendment  56

 

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point a a (new)

Directive (EU) 2018/2001

Article 15 – paragraph 3

Present text	Amendment
3.  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 renewables self-consumption and renewable energy communities, and the use of unavoidable waste heat and cold when planning, including early spatial planning, designing, building and renovating urban infrastructure, industrial, commercial or residential areas and energy infrastructure, including electricity, district heating and cooling, natural gas and alternative fuel networks. Member States shall, in particular, encourage local and regional administrative bodies to include heating and cooling from renewable sources in the planning of city infrastructure where appropriate, and to consult the network operators to reflect the impact of energy efficiency and demand response programs as well as specific provisions on renewables selfconsumption and renewable energy communities, on the infrastructure development plans of the operators.	"3.  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 renewables self-consumption and renewable energy communities, and the use of unavoidable waste heat and cold when planning, including early spatial planning, designing, building and renovating urban infrastructure, industrial, commercial or residential areas, energy and transport 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 sources in the planning of city infrastructure where appropriate, and to consult the network operators to reflect the impact of energy efficiency and demand response programs as well as specific provisions on renewables selfconsumption and renewable energy communities, on the infrastructure development plans of the operators.

(Directive 2018/2001 EC)

Amendment  57

 

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point -a (new)

Directive (EU) 2018/2001

Article 19 – paragraph 1

Present text	Amendment
	(-a) In article 19, paragraph 1 is replaced by the following:
1.  For the purposes of demonstrating to final customers the share or quantity of energy from renewable sources in an energy supplier's energy mix and in the energy supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources, Member States shall ensure that the origin of energy from renewable sources can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparent and non-discriminatory criteria.	"1.  For the purposes of demonstrating to final customers the share or quantity of energy from renewable sources and/or the share or quantity of energy from low-carbon sources in an energy supplier's energy mix and in the energy supplied to consumers under contracts marketed with reference to the consumption of energy from renewable sources and/or from low-carbon sources, Member States shall ensure that the origin of energy from renewable sources can be guaranteed as such within the meaning of this Directive, in accordance with objective, transparent and non-discriminatory criteria.

 

Amendment  58

 

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point a – point i

Directive (EU) 2018/2001

Article 19 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources. Member States may arrange for guarantees of origin to be issued for energy from non-renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.;	To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources and from a producer of energy from low carbon sources. Member States may arrange for guarantees of origin to be issued for energy from other non-renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced;

Amendment  59

 

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point a a (new)

Directive (EU) 2018/2001

Article 19 – paragraph 7 – point g (new)

Text proposed by the Commission	Amendment
	(a a) paragraph 7 is amended as follows:
	(i)  The following point (g) is inserted:
	"(g)  information on the greenhouse gas footprint of the produced energy covering life cycle greenhouse gas emissions";

Amendment  60

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall require transmission system operators and distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available. This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems.	1. Member States shall require:
	i)  transmission system operators and distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone and
	ii)  regulators or relevant traders to make available information on wholesale electricity prices in day-ahead and intraday markets.
	The information shall be made available as accurately as possible and as close to real time as possible but in time intervals at least equal to the market settlement frequency, and with the aim to reach 15-minute intervals with forecasting where available.
	DSO shall also make available anonymised and aggregated data on the demand response potential and the renewable electricity generated by self-consumers and renewable energy communities and injected to the grid.

Amendment  61

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The information and data referred to in paragraph 1 shall be made available digitally in a manner that ensures interoperability based on harmonised data formats and standardised data sets so that it can be used in a non-discriminatory manner by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, both publicly and non-publicly accessible, heating and cooling systems and building energy management.

Amendment  62

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
2. In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall ensure that manufacturers of domestic and industrial batteries enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non-discriminatory terms and at no cost.	2. In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], by 6 months from the entry into force of the Directive Member States shall adopt measures requiring manufacturers of domestic and industrial batteries enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non-discriminatory terms free of charge to the owners or users of the batteries and the entities acting on their behalf and in full compliance with the relevant provisions in Regulation (EU) 2016/679.

Amendment  63

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
Member States shall ensure that vehicle manufacturers make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint, battery capacity, as well as the location of electric vehicles to electric vehicle owners and users, as well as to third parties acting on the owners’ and users’ behalf, such as electricity market participants and electromobility service providers, under non-discriminatory terms and at no cost, in addition to further requirements in the type approval and market surveillance regulation.	By 6 months from the entry into force of the Directive Member States shall adopt measures requiring vehicle manufacturers to make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint, battery capacity, as well as the location of electric vehicles to electric vehicle owners and users, as well as to third parties acting on the owners’ and users’ behalf, free of charge to the owners or users of the batteries and the entities acting on their behalf, in addition to further requirements in the type approval and market surveillance regulation and in full compliance with the relevant provisions in Regulation (EU) 2016/679. In accordance with the Battery Regulation [ xxx], data shall be shared as ‘read-only’, thus preventing third parties from modifying the parameters of the data.

Amendment  64

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 2 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	By 6 months from the entry into force of the Directive, Member States shall adopt measures requiring manufacturers of smart heating and cooling devices, hot water tanks, thermal energy storage units and other smart devices facilitating consumers to provide demand response to the energy system to enable real-time access to data relevant for demand response to users, as well as to third parties acting on the owners’ and users’ behalf, under non-discriminatory terms free of charge, in full compliance with the relevant provisions in Regulation (EU) 2016/679.

Amendment  65

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 3

Text proposed by the Commission	Amendment
3. In addition to the requirements in [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU], Member States shall ensure that non–publicly accessible normal power recharging points installed in their territory from [the transposition deadline of this amending Directive] can support smart charging functionalities and, where appropriate based on assessment by the regulatory authority, bidirectional charging functionalities.	3. In addition to the requirements in [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU], Member States shall ensure that non–publicly accessible normal power recharging points installed in their territory from [the transposition deadline of this amending Directive] can support smart and bidirectional charging functionalities.
	In order to support smart sector integration, Member States may apply support schemes such as financial support, upfront-cost financing, tax rebates or rebate payments for bidirectional charging, when foreseen as an additional functionality contributing to the cost-effective penetration of renewable electricity in transport and the electricity system.

Amendment  66

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of small or mobile systems such as domestic batteries and electric vehicles, both directly and through aggregation.;	4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of district heating and cooling networks, of small or mobile systems such as domestic batteries and electric vehicles, thermal energy storage units and smart electric heating and cooling appliances and systems, and other smart devices facilitating consumers’ flexible renewable electricity consumption both directly and through aggregation. Member States shall provide a level playing field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing disproportionate administrative or regulatory burden;

Amendment  67

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. Member States shall ensure in their national regulatory framework that electric vehicle users entering into contractual agreements always receive clear information and explanations on how the terms of the agreement will affect the use of their vehicle and the state of health of its battery. Clear explanations should be provided to electric vehicle users on how they will be remunerated for the flexibility, balancing and storage services provided to the electricity system and market. Electric vehicle users’ consumer rights shall be secured when entering into such agreements, in particular regarding the protection of their personal data such as location and driving habits, in connection to the use of their vehicle.

Amendment  68

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 4 b (new)

Text proposed by the Commission	Amendment
	4b. Member States shall require their regulatory authority to assess, within one year of the transposition deadline of this Directive and periodically every 3 years thereafter, the potential contribution of bidirectional charging to the penetration of renewable electricity, system optimisation of their electricity grids and security of supply. Based on the results of the energy regulator's assessment, Member States shall take measures to adjust the availability and geographical distribution of bidirectional charging infrastructure, in both public and private areas. The regulator’s assessment and the Member States’ planned measures shall be made publicly available.

Amendment  69

 

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2001

Article 22a – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. By ... [one year after the entry into force of this amending Directive], the Commission shall assess how much RFNBOS can be produced in Europe and develop a strategy for imports which ensures a diverse third country supplier ecosystem together with the Member States.

Amendment  70

 

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission	Amendment
(a) the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030, compared to the baseline set out in Article 27(1), point (b), in accordance with an indicative trajectory set by the Member State;	(a) the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030, compared to the baseline set out in Article 27(1), point (b), in accordance with an indicative trajectory set by the Member State and verified by the Commission;

Amendment  71

 

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030.	(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030. Only fuels produced within the EU are counted towards the targets referred to in point b.

Amendment  72

 

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional fuels. For the calculation of the reduction referred to in point (a), Member States may take into account recycled carbon fuels.	For the calculation of the reduction referred to in point (a) Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional fuels. For the calculation of the reduction referred to in point (a), Member States may also take into account recycled and low carbon fuels.

Amendment  73

 

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public recharging stations shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.;	2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles, including in rail, aviation and maritime sectors, through public, semi-public and private recharging stations, where technically possible, shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.;

Amendment  74

 

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point i

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.;	For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, Member States shall exclude the share of high indirect land-use change risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high-carbon stock is observed;

Amendment  75

 

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point i

Directive (EU) 2018/2001

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

Text proposed by the Commission	Amendment
	In cases of severe disruption in food markets, Member States shall take temporary suspension measures on crop-based biofuels, bioliquids and biomass fuels in order to reduce energy demand for food commodities, secure additional food supply and stabilise global food commodity markets;

Amendment  76

 

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point ii

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 4

Text proposed by the Commission	Amendment
Where the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, produced from food and feed crops in a Member State is limited to a share lower than 7 % or a Member State decides to limit the share further, that Member State may reduce the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), accordingly, in view of the contribution these fuels would have made in terms of greenhouse gas emissions saving. For that purpose, Member States shall consider those fuels save 50 % greenhouse gas emissions.;	deleted

Amendment  77

 

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point b

Directive (EU) 2018/2001

Article 27 – paragraph 1 – subparagraph 1 – point a – point iii

Text proposed by the Commission	Amendment
(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ECF(e) set out in in Annex V;	(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ECF(t) set out in in Annex V;

Amendment  78

 

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point b

Directive (EU) 2018/2001

Article 27 – paragraph 1 – subparagraph 1 – point c – point iii

Text proposed by the Commission	Amendment
(iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the Member State in the two previous years. By way of exception, where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector, that electricity shall be fully counted as renewable;	(iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the Member State in the two previous years. By way of exception, where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector, or alternatively with a dedicated power purchase agreement sourced additional renewable electricity accompanied with guarantees of origin from an electricity production unit or units that have been commissioned after the signature of the power purchase agreement, and which will not be accounted for as renewable electricity in any other sector, that electricity shall be fully counted as renewable;

Amendment  79

 

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point b

Directive (EU) 2018/2001

Article 27 – paragraph 1 – subparagraph 1 – point c – point iv

Text proposed by the Commission	Amendment
(iv) the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX in the energy content of fuels and electricity supplied to the transport sector shall, except in Cyprus and Malta, be limited to 1,7 %;	deleted

Amendment  80

 

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point b

Directive (EU) 2018/2001

Article 27 – paragraph 1 – subparagraph 1 – point d

Text proposed by the Commission	Amendment
(d) the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas and renewable electricity supplied to all transport modes by the baseline.	(d) the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas, renewable fuels of non-biological origin and renewable electricity supplied to all transport modes by the baseline.

Amendment  81

 

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point c

Directive (EU) 2018/2001

Article 27 – pargraph 1a – point (b)

Text proposed by the Commission	Amendment
(b) for the calculation of the numerator, the energy content of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and renewable fuels of non-biological origin supplied to all transport modes in the territory of the Union shall be taken into account;	(b) for the calculation of the numerator, the energy content of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and renewable fuels of non-biological origin supplied to all transport modes in the territory of the Union shall be taken into account if they are produced in the Union;

Amendment  82

 

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point e – point iii

Directive (EU) 2018/2001

Article 27 – paragraph 3 –subparagraph 2 – introductory part

Text proposed by the Commission	Amendment
However, electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin, provided that the installation:;	However, electricity obtained from direct connection to one or several installations generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin, provided that the installation demonstrates that the electricity concerned has been supplied without taking electricity from the grid, or the installations generating renewable electricity do not receive support in form of operating aid for the production of renewable fuels of non-biological origin, or such support has ended.
	Electricity that has been taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one enduse sector. This can be fulfilled by complying with the following requirements:
	To demonstrate the renewable properties, fuel producers should be required to conclude one or more renewable power purchase agreements with installations generating electricity for an amount that is at least equivalent to the amount of electricity that is claimed as fully renewable. The installations generating renewable electricity do not receive support in form of operating aid, or such support has ended.
	The balance between the renewable electricity purchased through one or several power purchase agreements and the amount of electricity taken from the grid to produce the fuel shall be achieved on a yearly basis in order for the production to be fully qualified as renewable fuel of non-biological origin.

Amendment  83

 

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point e – point i a (new)

Directive (EU) 2018/2001

Article 27 – paragraph 3 ––subparagraph 2 – point a and point b

Present text	Amendment
(a)  comes into operation after, or at the same time as, the installation producing the renewable liquid and gaseous transport fuels of non-biological origin; and	deleted
(b)  is not connected to the grid or is connected to the grid but evidence can be provided that the electricity concerned has been supplied without taking electricity from the grid.

Amendment  84

 

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point e – point iii a (new)

Directive (EU) 2018/2001

Article 27 – paragraph 3 – subparagraph 7

Present text	Amendment
By 31 December 2021, the Commission shall adopt a delegated act in accordance with Article 35 to supplement this Directive by establishing a Union methodology setting out detailed rules by which economic operators are to comply with the requirements laid down in the fifth and sixth subparagraphs of this paragraph.	deleted

Amendment  85

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point ii

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 4 – point a

Text proposed by the Commission	Amendment
(a)  in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 5 MW,	(a)  in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 20 MW,

Amendment  86

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point ii

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 4 – point b

Text proposed by the Commission	Amendment
(b)  in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 2 MW,	(b)  in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 20 MW,

Amendment  87

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point b

Directive (EU) 2018/2001

Article 29 – pargraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass.;	deleted

Amendment  88

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point c

Directive (EU) 2018/2001

Article 29 – paragraph 4

Text proposed by the Commission	Amendment
The first subparagraph, with the exception of points (b) and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass.;	deleted

Amendment  89

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point d

Directive (EU) 2018/2001

Article 29 – paragraph 5

Text proposed by the Commission	Amendment
5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil.;	5. Biofuels, bioliquids and biomass fuels produced from agricultural biomass or forest biomass from a country which does not meet the criteria set out in paragraph 6,

Amendment  90

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – point a – point iv

Text proposed by the Commission	Amendment
(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;	(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, using locally appropriate sustainable forest management practices based on principles agreed in Forest Europe and FAO,

Amendment  91

 

Proposal for a directive

Article 1 – paragraph 1 – point 19

Directive (EU) 2018/2001

Article 29a – title

Text proposed by the Commission	Amendment
Greenhouse gas emissions saving criteria for renewable fuels of non-biological origin and recycled carbon fuels	Greenhouse gas emissions saving criteria for renewable fuels of non-biological origin, low carbon fuels and recycled carbon fuels

Amendment  92

 

Proposal for a directive

Article 1 – paragraph 1 – point 19

Directive (EU) 2018/2001

Article 29a – paragraph 2a (new)

Text proposed by the Commission	Amendment
	2a. Energy from low carbon fuels may be counted towards the greenhouse gas emissions reduction target referred to in Article 25(1), first subparagraph, point (a), only if the greenhouse gas emissions savings from the use of those fuels are at least 70%.

Amendment  93

 

Proposal for a directive

Article 1 – paragraph 1 – point 19

Directive (EU) 2018/2001

Article 29a – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law.;	3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The delegated act based on this article shall be published by December 31, 2022. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law.;

Amendment  94

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point a

Directive (EU) 2018/2001

Article 30 – paragraph 1 – subparagraph 1 – introductory phrase

Text proposed by the Commission	Amendment
Where renewable fuels and recycled carbon fuels are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels and recycled-carbon fuels have been fulfilled. For that purpose, they shall require economic operators to use a mass balance system which:;	Where renewable fuels, low carbon fuels and recycled carbon fuels are to be counted towards the targets referred to in Articles 3(1), 15a(1), 22a(1), 23(1), 24(4) and 25(1), Member States shall require economic operators to show that the sustainability and greenhouse gas emissions saving criteria laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2) for renewable fuels, low carbon fuels and recycled-carbon fuels have been fulfilled. For that purpose, they shall require economic operators to use a mass balance system which:

Amendment  95

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point b

Directive (EU) 2018/2001

Article 30 – paragraph 3 – subparagraph 1

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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that information.	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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that 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. In order to comply with point (a), (b), and (d) of Article 29 (3), point (a) of Article 29(4), Article 29 (5), point (a) of Article 29 (6) and point (a) of Article 29(7), the first or second party auditing may be used up to the first gathering point of the forest biomass. 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 internationally modified or discarded so that the consignment or part thereof could become a waste or residue. It shall evaluate the frequency and methodology of sampling and robustness of the data.

Amendment  96

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point b

Directive (EU) 2018/2001

Article 30 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
The obligations laid down in this paragraph shall apply regardless of whether renewable fuels and recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.;	The obligations laid down in this paragraph shall apply regardless of whether renewable fuels, low carbon fuels and recycled carbon fuels are produced within the Union or are imported. Information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier shall be made available to consumers on the websites of operators, suppliers or the relevant competent authorities and shall be updated on an annual basis.

Amendment  97

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point c

Directive (EU) 2018/2001

Article 30 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
The Commission may decide that voluntary national or international schemes setting standards for the production of renewable fuels and recycled carbon fuels, provide accurate data on greenhouse gas emission savings for the purposes of Articles 29(10) and 29a (1) and (2), demonstrate compliance with Articles 27(3) and 31a(5), or demonstrate that consignments of biofuels, bioliquids and biomass fuels comply with the sustainability criteria laid down in Article 29(2) to (7). When demonstrating that the criteria laid down in Article 29(6) and (7) are met, the operators may provide the required evidence directly at sourcing area level. The Commission may 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 29(3), first subparagraph, point (c)(ii).;	The Commission may decide that voluntary national or international schemes setting standards for the production of renewable fuels, low carbon fuels and recycled carbon fuels, provide accurate data on greenhouse gas emission savings for the purposes of Articles 29(10) and 29a (1) and (2), demonstrate compliance with Articles 27(3) and 31a(5), or demonstrate that consignments of biofuels, bioliquids and biomass fuels comply with the sustainability criteria laid down in Article 29(2) to (7). When demonstrating that the criteria laid down in Article 29(6) and (7) are met, the operators may provide the required evidence directly at sourcing area level. The Commission may 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 29(3), first subparagraph, point (c)(ii).

Amendment  98

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point d

Directive (EU) 2018/2001

Article 30 – paragraph 6 – subparagraph 4

Text proposed by the Commission	Amendment
For installations producing electricity heating and cooling with a total rated thermal input between 5 and 10 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.;	For installations producing electricity heating and cooling with a total rated thermal input between 5 and 20 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.;

Amendment  99

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point f

Directive (EU) 2018/2001

Article 30 – paragraph 10 – subparagraph 1

Text proposed by the Commission	Amendment
At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the sustainability and greenhouse gas emissions saving criteria laid down in Article 29(2) to (7) and (10) and Article 29a(1) and (2) in relation to a source of renewable fuels and recycled carbon fuels have been met.	At the request of a Member State, which may be based on the request of an economic operator, the Commission shall, on the basis of all available evidence, examine whether the sustainability and greenhouse gas emissions saving criteria laid down in Article 29(2) to (7) and (10) and Article 29a(1) and (2) in relation to a source of renewable fuels, low carbon fuels and recycled carbon fuels have been met.

Amendment  100

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point f

Directive (EU) 2018/2001

Article 30 – paragraph 10 – subparagraph 2 – point a

Text proposed by the Commission	Amendment
(a) take into account the renewable fuels and recycled carbon fuels from that source for the purposes referred to in points (a), (b) and (c) of the first subparagraph of Article 29(1); or	(a) take into account the renewable fuels, low carbon fuels and recycled carbon fuels from that source for the purposes referred to in points (a), (b) and (c) of the first subparagraph of Article 29(1); or

Amendment  101

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point f

Directive (EU) 2018/2001

Article 30 – paragraph 10 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) by way of derogation from paragraph 9 of this Article, require suppliers of the source of renewable fuels and recycled carbon fuels to provide further evidence of compliance with those sustainability and greenhouse gas emissions saving criteria and those greenhouse gas emissions savings thresholds.;	(b) by way of derogation from paragraph 9 of this Article, require suppliers of the source of renewable fuels, low carbon fuels and recycled carbon fuels to provide further evidence of compliance with those sustainability and greenhouse gas emissions saving criteria and those greenhouse gas emissions savings thresholds.;

Amendment  102

 

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive (EU) 2018/2001

Article 1 – paragraph 1 – point 21

Text proposed by the Commission	Amendment
(21) in Article 31, paragraphs 2, 3 and 4 are deleted:	deleted

Amendment  103

 

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31a – paragraph 4

Text proposed by the Commission	Amendment
4. If guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are cancelled before the consignment of renewable gases can be registered in the database.	4. When guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are registered in the database and are cancelled after the consignment of renewable gases is withdrawn from the European network for renewable gas.

Amendment  104

 

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31 a – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. The database shall be made publicly available in an open, transparent and user friendly manner and kept updated. The data shall also be made available in aggregated and disaggregated form.
	The Commission shall publish annual reports for the general public about the information reported in the Union database including the quantities, the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels per fuel supplier and per member state.

Amendment  105

 

Proposal for a directive

Article 1 – paragraph 1 – point 23 – point a

Directive (EU) 2018/2001

Article 35 – praragraph 2

Text proposed by the Commission	Amendment
The power to adopt delegated acts referred to in Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), second subparagraph, and Article 31a(2), second subparagraph, shall be conferred on the Commission for a period of five years from [the entry into force of this amending Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.;	The power to adopt delegated acts referred to in Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), second subparagraph, and Article 31a(2), second subparagraph, shall be conferred on the Commission for a period of five years from [the entry into force of this amending Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment  106

 

Proposal for a directive

Article 1 – paragraph 1 – point 23 – point b

Directive (EU) 2018/2001

Article 35 – paragraph 4

Text proposed by the Commission	Amendment
The delegation of power referred to in Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.;	The delegation of power referred to in Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment  107

 

Proposal for a directive

Article 1 – paragraph 1 – point 23 – point c

Directive (EU) 2018/2001

Article 35 – paragraph 7

Text proposed by the Commission	Amendment
A delegated act adopted pursuant to Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 27(3), fourth subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.;	A delegated act adopted pursuant to Article 7(3), fifth subparagraph, Article 8(3), second subparagraph, Article 29a(3), Article 26(2), fourth subparagraph, Article 26(2) fifth subparagraph, Article 27(1), second subparagraph, Article 28(5), Article 28(6), second subparagraph, Article 31(5), and Article 31a(2), second subparagraph, shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment  108

 

Proposal for a directive

Article 3 – paragraph 1 – point 1 a (new)

Directive 98/70/EC

Article 3 – paragraph 2 – point 1 a (new)

Text proposed by the Commission	Amendment
	(1a) At the latest in 2024, the European Commission shall adopt a proposal to amend Directive 98/70/EC with the aim to improve the quality of motor fuels specified in Annexes I and II of this Directive.

Amendment  109

 

Proposal for a directive

Article 7 – paragraph -1 (new)

 

Text proposed by the Commission	Amendment
	By December 2024, the European Commission shall present a comprehensive impact assessment on the combined and cumulative effects of the "fit for 55" package including this directive.

Amendment  110

 

Proposal for a directive

Annex I – paragraph 1 – point 5 – point a

Directive 2018/2001/EC

Annex V – part c – point 6

Text proposed by the Commission	Amendment
6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use37 .;	6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, storing carbon in soil with biochar, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Carbon in biomasses can be converted into biochar through pyrolysis, which can be stored by land application, thereby making it a negative emissions technology. Here, the bonus for the improved agricultural and manure management is returned to the farmer responsible for the negative emissions when sustainability/environmental certificates are issued. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use37;
__________________	__________________
37 Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.	37 Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.

Amendment  111

 

Proposal for a directive

Annex I – paragraph 1 – point 5 – point c

Directive 2018/2001/EC

Annex V – part c – point 18

Text proposed by the Commission	Amendment
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;	18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;

Amendment  112

 

Proposal for a directive

Annex I – paragraph 1 – point 6 – point c

Directive 2018/2001/EC

Annex VI – point 18 – subparagraph 3

Text proposed by the Commission	Amendment
Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D of Annex V.	Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product.

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652
References	COM(2021)0557 – C9-0329/2021 – 2021/0218(COD)
Committee responsible  Date announced in plenary	ITRE 13.9.2021
Opinion by  Date announced in plenary	TRAN 13.9.2021
Rapporteur for the opinion  Date appointed	Barbara Thaler 29.10.2021
Discussed in committee	14.3.2022
Date adopted	17.5.2022
Result of final vote	+: –: 0:	30 9 9
Members present for the final vote	Magdalena Adamowicz, Andris Ameriks, José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Paolo Borchia, Karolin Braunsberger-Reinhold, Marco Campomenosi, Massimo Casanova, Ciarán Cuffe, Jakop G. Dalunde, Karima Delli, Anna Deparnay-Grunenberg, Ismail Ertug, Gheorghe Falcă, Giuseppe Ferrandino, Carlo Fidanza, Mario Furore, Søren Gade, Isabel García Muñoz, Jens Gieseke, Elsi Katainen, Kateřina Konečná, Bogusław Liberadzki, Peter Lundgren, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Tilly Metz, Cláudia Monteiro de Aguiar, Caroline Nagtegaal, Jan-Christoph Oetjen, João Pimenta Lopes, Rovana Plumb, Tomasz Piotr Poręba, Dominique Riquet, Massimiliano Salini, Vera Tax, Barbara Thaler, István Ujhelyi, Henna Virkkunen, Petar Vitanov, Elissavet Vozemberg-Vrionidi, Lucia Vuolo, Roberts Zīle, Kosma Złotowski
Substitutes present for the final vote	Clare Daly, Maria Grapini, Roman Haider

 

 

 

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

30	+
ECR	Carlo Fidanza, Tomasz Piotr Poręba, Roberts Zīle, Kosma Złotowski
ID	Paolo Borchia, Marco Campomenosi, Massimo Casanova, Roman Haider
PPE	Magdalena Adamowicz, Karolin Braunsberger-Reinhold, Gheorghe Falcă, Jens Gieseke, Elżbieta Katarzyna Łukacijewska, Benoît Lutgen, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Massimiliano Salini, Barbara Thaler, Henna Virkkunen, Elissavet Vozemberg-Vrionidi, Lucia Vuolo
Renew	José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Søren Gade, Elsi Katainen, Caroline Nagtegaal, Jan-Christoph Oetjen, Dominique Riquet
S&D	Maria Grapini, István Ujhelyi

 

9	-
NI	Mario Furore
The Left	Clare Daly, Kateřina Konečná, João Pimenta Lopes
Verts/ALE	Ciarán Cuffe, Jakop G. Dalunde, Karima Delli, Anna Deparnay-Grunenberg, Tilly Metz

 

9	0
ECR	Peter Lundgren
S&D	Andris Ameriks, Ismail Ertug, Giuseppe Ferrandino, Isabel García Muñoz, Bogusław Liberadzki, Rovana Plumb, Vera Tax, Petar Vitanov

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

 

OPINION OF THE COMMITTEE ON REGIONAL DEVELOPMENT (22.6.2022)

for the Committee on Industry, Research and Energy

on the proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

(COM2021(0557) – C9‑0329/2021 – 2021/0218(COD))

Rapporteur for opinion: Raffaele Fitto

 

SHORT JUSTIFICATION

In July 2021, the Commission launched the ‘Fit for 55’ package, which seeks to bring down net greenhouse gas emissions by at least 55% by 2030 and to achieve climate neutrality in line with the European Green Deal. The package contains a proposal to amend the Renewable Energy Directive by setting a more ambitious target for the EU to reach by 2030, in line with the proposed greenhouse gas emissions reduction target.

 

Aside from a more ambitious target, the proposal also puts forward measures targeting sectors in which progress has been slower to date. It seeks to strengthen the existing measures in the heating and cooling and transport sectors, and supplements these with new provisions for construction and industry. The proposal also relates to the Energy System Integration Strategy, the Hydrogen Strategy, the Offshore Renewable Energy Strategy and the Biodiversity Strategy.

 

The rapporteur stresses the strong local dimension in renewable energy production. It is therefore important that the Member States fully involve local and regional authorities in the planning and implementation of national environmental and climate measures.

 

The rapporteur believes that in order to reach environmental targets, significant transition sources, such as biomass, will need to be used over the next few years. If biomass is to be acquired and used sustainably, it is crucial that this revision lay down clear and practical definitions. The rapporteur also believes that the Commission’s proposal to introduce the cascading principle in a delegated act is unhelpful and could even prove damaging. Indeed, this approach would not only entail additional costs and red tape, but it also disregards local considerations. The best solution would be to encourage the Member States to consider cascading in view of the local context.

 

The rapporteur takes the view that smart grid projects in border regions can bring high added value to the cross-border approach, as they allow greater optimisation of resources, make for flexible and robust electricity systems, and bring broader social advantages to the local communities concerned.

 

He believes that introducing a definition of low-carbon fuels could help encourage the uptake of low-carbon measures and the use of low-carbon technologies, as alternatives with the potential to reduce greenhouse gas emissions and help the EU work towards its 2050 environmental targets.

AMENDMENTS

The Committee on Regional 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 1

Text proposed by the Commission	Amendment
(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6 that was endorsed both by the European Parliament7 and by the European Council8 , requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system.	(1) The European Green Deal5 establishes the objective of the Union becoming climate neutral in 2050 at the latest in a manner that contributes to the sustainability of the European economy, environmental protection, social development, growth and job creation while tackling climate change. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the Regulation (EU) 2021/1119 ('European Climate Law'), requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system.
_________________	_________________
5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal.	5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal.
6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people
7 European Parliament resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP))
8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf

Amendment  2

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss.	(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss; contributing to the overall improvement of environmental conditions and avoiding extreme weather-related phenomena such as draughts and floods.

Amendment  3

 

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2a) The role of Local Renewable Energy Communities as a tool for promoting the widespread use of renewable energy sources should be strenghtened. Initiatives for (collective) self-generation and (collective) self-consumption in dwellings and at district level should be facilitated by reducing permitting, administrative difficulties or other factors inhibiting grid access, grid fees, and enhancing the deployment of technologies such as solar, thermal and photovoltaic, wind and geothermal technologies guaranteeing access to EU funds and enhancing the deployment of technologies such as solar thermal and photovoltaic, wind, and geothermal technologies). To this end the Commission and the Member States are requested to use their respective cohesion policy plans to encourage financing of infrastructure and instruments that will benefit these processes.

Amendment  4

Proposal for a directive

Recital 2 b (new)

Text proposed by the Commission	Amendment
	(2b) Renewable energy production often takes place at local level and depends on regional SMEs; Member States should therefore fully involve local and regional authorities when setting targets and supporting policy measures;

Amendment  5

Proposal for a directive

Recital 2 c (new)

Text proposed by the Commission	Amendment
	(2c) Promoting domestic renewable energy reduces the Union's energy dependence and its need to import fossil fuels, increasing energy security.

Amendment  6

Proposal for a directive

Recital 2 d (new)

Text proposed by the Commission	Amendment
	(2d) Around 35 million Europeans are affected by energy poverty1a and renewable energy policies have an important role to play in any strategy tackling energy poverty and consumer vulnerability.
	_________________
	1a Commission Recommendation (EU) 2020/1563 of 14 October 2020 on energy poverty

Amendment  7

Proposal for a directive

Recital 2 e (new)

Text proposed by the Commission	Amendment
	(2e) Member States should therefore ensure that incentives and proactive policies are put in place to facilitate the uptake of efficient renewable energy generation and heating and cooling, not only in middle-and high-income households, but also and specifically in those households with low-income at risk of energy poverty, paying special attention to those located in sparsely populated areas.

Amendment  8

Proposal for a directive

Recital 2 f (new)

Text proposed by the Commission	Amendment
	(2f) Managing authorities are encouraged to promote the use of integrated territorial investments (ITIs) and Community-Led Local Development (CLLD) projects to establish bottom up approaches to develop local energy communities and renewable energy projects.

Amendment  9

Proposal for a directive

Recital 2 g (new)

Text proposed by the Commission	Amendment
	(2g) The various sources of sustainable renewable energy available should be integrated. Their use should also be fostered through the establishment of renewable energy communities and citizen energy communities geared towards social and environmental sustainability from the viewpoint of both the participants and the distribution system grid operators.

Amendment  10

Proposal for a directive

Recital 2 h (new)

Text proposed by the Commission	Amendment
	(2h) Competent authorities should establish simplified rules and administrative procedures for small renewable energy producers and local energy communities in order to ensure that they do not face discriminatory administrative burdens.

Amendment  11

Proposal for a directive

Recital 2 i (new)

Text proposed by the Commission	Amendment
	(2i) Member States should set up dedicated finance support schemes for local energy communities, particularly during the planning and set-up phases as well as introduce technical information and guidance sessions to support these communities and encourage the use of innovative ownership structures.

Amendment  12

 

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target10 . Therefore, the target set out in Article 3 of that Directive needs to be increased.	(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to at least 45% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target as enshrined in the EU climate law10.Therefore, the target set out in Article 3 of that Directive needs to be increased and accompanied by national certain targets given their proven effectiveness in providing certainty for investors and to encourage continuous development of technologies which generate energy from all types of renewable sources.
__________________	__________________
9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209	9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209
10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people	10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people

Amendment  13

 

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3a) Given the invasion by Russia of Ukraine, the International Energy Agency provided a 10-Point Plan to the European Union for reducing reliance on Russian supplies by over a third while supporting European Green Deal ensuring a rapid, stronger and clearer energy transition. Amongst the recommendations, the International Energy Agency recommended to "Maximise power generation from bioenergy". Furthermore and within the same context, the European Commission released the communication "REPowerEU: Joint European Action for more affordable, secure and sustainable energy" in which it calls for doubling the objective of Fit for 55 for biomethane to the production of 35 billion cubicmetres (bcm) per year by 2030. Encourages Member States’ CAP strategic plans to channel funding to biomethane produced from sustainable biomass sources, including in particular agricultural wastes and residues. The role of agricultural biomass as well as biomass from forests a sustainable, renewable and local source of energy should be therefore strengthened, encouraged and promoted in Europe´s path towards decarbonisation and energy autonomy.

Amendment  14

Proposal for a directive

Recital 3 b (new)

Text proposed by the Commission	Amendment
	(3b) Continuous scientific evidence shows that energy savings, energy efficiency and renewable energy represent key drivers for reaching a net-zero GHG emission economy. In line with the Commission recommendation of 28 September 2021 entitled "On Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond", this Directive should take an integrated approach by promoting the most energy efficient renewable source for any given sector and application as well as by promoting system efficiency, so that the least energy would be required for various economic activities.

Amendment  15

Proposal for a directive

Recital 3 c (new)

Text proposed by the Commission	Amendment
	(3c) One of the five cohesion policy objectives for the period 2021-2027 is that of a greener Europe by promoting investment in clean energy, the circular economy, climate change mitigation and sustainable transport. Cohesion policy funds should therefore target preventing any increase in disparities, helping those regions bearing the heaviest transition burden, encouraging investment in infrastructure, and training workers in new technologies to ensure no one is left behind.

Amendment  16

Proposal for a directive

Recital 3 d (new)

Text proposed by the Commission	Amendment
	(3d) The Commission and Member States should involve regional, local and territorial authorities via a bottom-up approach in order to bring the objectives of the European Green Deal within reach. To that end, enhancing multilevel governance will be essential in order to increase local ambition and action and bring the general public and local actors on board.

Amendment  17

Proposal for a directive

Recital 3 e (new)

Text proposed by the Commission	Amendment
	(3e) The ERDF will have to support promoting energy efficiency and a reduction in greenhouse gas emissions; promote renewable energy; the development of smart energy systems and networks, and promote sustainable, multimodal, urban mobility, in the context of the transition towards a net zero carbon economy; the ESF+ has to contribute to improvements in education and training systems necessary for the adaptation of skills and qualifications, the upskilling of all, including the labour force, the creation of new jobs in sectors related to the environment, climate, energy, the circular economy and the bioeconomy (Article 4 of the ESF+ Regulation)

Amendment  18

Proposal for a directive

Recital 3 f (new)

Text proposed by the Commission	Amendment
	(3f) When assessing the national bioenergy plans, the Commission should assess their consistency with and contribution to the Union’s environmental and climate legislation and commitments.

Amendment  19

Proposal for a directive

Recital 3 g (new)

Text proposed by the Commission	Amendment
	(3g) Renewable energy production has a strong local dimension. It is therefore important that the Member States fully involve local and regional authorities in the planning and implementation of national climate measures, provide direct access to funds and monitor the progress of the measures adopted. Where applicable, the Member States should incorporate local and regional contributions into national energy and climate plans.

Amendment  20

Proposal for a directive

Recital 3 h (new)

Text proposed by the Commission	Amendment
	(3h) Recognises the important role cohesion policy plays in contributing to helping island regions achieve climate neutrality goals, bearing in mind the additional costs connected to sectors such as energy and transport, as well as the impact of mobile technology on their energy systems, which require a level of investment for management of intermittent renewable energy sources that is, proportionately speaking, very high;

Amendment  21

Proposal for a directive

Recital 3 i (new)

Text proposed by the Commission	Amendment
	(3i) Points out that owing to their small size and isolated energy systems, the most remote island regions, just like the outermost regions, face a major challenge when it comes to energy supply as they generally rely on fossil fuel imports for electricity generation, transport and heating;

Amendment  22

Proposal for a directive

Recital 3 j (new)

Text proposed by the Commission	Amendment
	(3j) Considers that use of renewable energy, including tidal power, should be a priority and believes it could benefit islands substantially, bearing in mind the local communities' requirements, including preservation of the islands' traditional architecture and local habitat; calls, therefore, for support for the development of a wide range of renewable energy sources based on their geographical features; welcomes the green hydrogen programmes which islands have launched;

Amendment  23

 

Proposal for a directive

Recital 4

Text proposed by the Commission	Amendment
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11 , with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/ECof the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non-renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13 . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemesWaste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage.	(4) When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems, including wildfire prevention, as well as ensuring protection of biodiversity and the enhancement of the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12. On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste.
__________________	__________________
11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal.
12 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).	12 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).
13 https://publications.jrc.ec.europa.eu/repository/handle/JRC122719

Amendment  24

 

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.	(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, energy storage and demand response and help integrate large shares of variable renewable generation. This framework must also take into account existing regional disparities and the specific features of each region, and to support cost-effective solutions, ensuring a reduction in energy costs for Europe's people and businesses. Member States should therefore, while taking into account the energy first principle, ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers to the full integration of non-programmable RES into the electricity system and to the process of decarbonising the generation fleet by ensuring the availability of market instruments which provide long-term price signals for investment decisions, including investments in system adequacy, stability and flexibility through competitiveness and transparent and non-discriminatory bidding processes, which provide for remuneration of the successful bidders based on market prices. This framework shall also tackle non-financial barriers, such as insufficient digital and human resources of authorities to process a growing number of permitting applications.

Amendment  25

 

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5a) The Commission shall present guidelines to help Member States to reduce administrative barriers, in particular to simplify and accelerate permitting procedures for renewables projects, including Key Performance Indicators (KPIs) to assess progress. The simplification of administrative permit granting processes and sufficient digital and human resources of authorities are essential to accelerate the deployment of renewables and thus achieve the objectives laid down in this Directive.

Amendment  26

Proposal for a directive

Recital 6

Text proposed by the Commission	Amendment
(6) When calculating the share of renewables in a Member State, renewable fuels of non-biological origin should be counted in the sector where they are consumed (electricity, heating and cooling, or transport). To avoid double-counting, the renewable electricity used to produce these fuels should not be counted. This would result in a harmonisation of the accounting rules for these fuels throughout the Directive, regardless of whether they are counted for the overall renewable energy target or for any sub-target. It would also allow to count the real energy consumed, taking account of energy losses in the process to produce those fuels. Moreover, it would allow for the accounting of renewable fuels of non-biological origin imported into and consumed in the Union.	(6) When calculating the share of renewables in a Member State, renewable fuels of non-biological origin should be counted in the sector where they are consumed (electricity, heating and cooling, or transport). To avoid double-counting, the renewable electricity used to produce these fuels should not be counted. This would result in a harmonisation of the accounting rules for these fuels throughout the Directive, regardless of whether they are counted for the overall renewable energy target or for any sub-target. It would also allow to count the real energy consumed, taking account of energy losses in the process to produce those fuels. Moreover, it would allow for the accounting of renewable fuels of non-biological origin imported into and consumed in the Union. When renewable fuels of non-biological origin are consumed in a Member State other than the Member State where they were produced, in order to compensate the costs incurred by the producing Member State and to avoid discouraging investments, rules should be established to account for at least a minimum amount of the renewable fuels of non-biological origin consumed in a Member State towards the share of gross final consumption of energy from renewable sources in the Member State where they were produced.

Amendment  27

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) Member States’ cooperation to promote renewable energy can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation has been very limited, thus leading to suboptimal results in terms of efficiency in increasing renewable energy. Member States should therefore be obliged to test cooperation through implementing a pilot project. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129414 would meet this obligation for the Member States involved.	(7) Member States’ cooperation to promote renewable energy, with the involvement of local and regional authorities, can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation has been very limited, thus leading to suboptimal results in terms of efficiency in increasing renewable energy. Smart grid projects in border regions can bring high added value to the cross-border approach, as they allow greater optimisation of resources, make for flexible and robust electricity systems, and bring broader social advantages to the local communities concerned. Member States should therefore be obliged to test cooperation through implementing a pilot project. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129414 would meet this obligation for the Member States involved.
__________________	__________________
14 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).	14 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).

Amendment  28

 

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission	Amendment
	(7a) Each Member State should put in place a process ensuring coordination among all the relevant national, regional and local authorities in the upstream planning of the short-, medium- and long-term renewable energy deployment scenarios. In order to ensure a bottom-up approach, Member States should require regional and local authorities to conduct integrated local renewable energy mapping and planning level and encourage smaller local municipalities to do the same on a voluntary basis.

Amendment  29

 

Proposal for a directive

Recital 7 b (new)

Text proposed by the Commission	Amendment
	(7b) Accurate data and information are needed at national, regional and local level for in order to contribute to the transition to an energy system based on renewable technologies. This data can be obtained from a number of sources, from smart devices to Earth observation systems like Copernicus and the soon to be created Rural Observatory.

Amendment  30

Proposal for a directive

Recital 7 c (new)

Text proposed by the Commission	Amendment
	(7c) All fields of EU policies must orient its actions towards the newly established climate targets and achieve climate neutrality. This is the case for Cohesion Policy, which has, for over twenty years, contributed to decarbonising the economy, while providing examples and best practices that can be mirrored in other policy dimensions, such as the amending of this Directive. Cohesion policy not only offers investment opportunities to respond to local and regional needs through the European Structural and Investment (ESI) Funds, but also provides an integrated policy framework to reduce developmental disparities between the European regions and helps them address the multiple challenges to their development, including through environmental protection, high-quality employment and fair, inclusive and sustainable development.

Amendment  31

Proposal for a directive

Recital 7 d (new)

Text proposed by the Commission	Amendment
	(7d) Additional flexibility is needed to factor in national considerations based on impact assessments.

Amendment  32

Proposal for a directive

Recital 7 e (new)

Text proposed by the Commission	Amendment
	(7e) Local and regional authorities play a crucial role in integrated and decentralised energy systems. The Commission should therefore help regional and local authorities to work across borders by helping them to set up cooperation mechanisms, including the European grouping of territorial cooperation (EGTC).

Amendment  33

 

Proposal for a directive

Recital 7 f (new)

Text proposed by the Commission	Amendment
	(7f) The transition towards climate neutrality must be just and inclusive, with a particular focus on people living in rural and remote areas, and more specifically on those territories most affected by the transition towards climate neutrality, avoiding any increase in regional disparities and empowering workers and local and regional communities. Furthermore specificities of all regions as defined in Article 174 TFEU need to be fully reflected in the transition process, in particular by focusing on rural areas, areas affected by industrial transition and regions which suffer from severe and permanent natural or demographic handicaps in order to ensure the overall harmonious development of all areas. In this regard, the national plans should integrate the specificities of their regions with a view to combating the climate crisis and making local communities more resilient.

Amendment  34

Proposal for a directive

Recital 7 g (new)

Text proposed by the Commission	Amendment
	(7g) Islands, small islands, outermost and peripheral regions have an enormous potential in the production of renewable energy and are strategic laboratories for implementing innovative policy solutions and technical measures to deliver the energy transition and reduce CO2 emissions, walking the path towards energy independence, allowing them to play a crucial role for the purposes of research into climate change and biodiversity, and becoming a mirror for the rest of the Union. They should be able to access sufficient economic resources and adequate training in order to deliver integrated, sector-coupled and innovative interventions for sustainable infrastructure and local economic development.

Amendment  35

Proposal for a directive

Recital 7 h (new)

Text proposed by the Commission	Amendment
	(7h) European funding mechanisms, such as the Connecting Europe Facility and the Innovation Fund, should also fund small-scale cross-border projects and the cross-border interconnection between Member States and regions.

Amendment  36

Proposal for a directive

Recital 7 i (new)

Text proposed by the Commission	Amendment
	(7i) Cohesion policy ensures greater coherence and coordination between the cohesion policy and other EU legislative fields, improving the policy integration of climate aspects, designing more effective source-based policies, providing targeted EU funding and, consequently, improving the implementation of climate policies on the ground.

Amendment  37

Proposal for a directive

Recital 7 j (new)

Text proposed by the Commission	Amendment
	(7j) It is paramount to fully uphold multi-level governance and partnership principles in the transition to a climate-neutral economy, as local and regional authorities have direct competencies on the environment and climate change, implementing 90% of climate adaptation and 70% of climate mitigation actions. Furthermore, these authorities also develop actions that aim to promote climate-friendly behaviour among citizens, including those linked to waste management, smart mobility, sustainable housing and energy consumption.

Amendment  38

 

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socio-economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea.	(8) The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States and its relevant regional and local authorities will need to work together across borders at sea-basin level. Member States and their relevant regional and local actors should therefore jointly define and allocate adequate space in their maritime spatial plan for the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, the offshore renewable energy potential of each sea basin, the technical and economic feasibility of the transmission grid infrastructure environmental and landscape protection and biodiversity, climate adaptation and other uses of the sea, especially the activities that were already taking place in the affected areas, the possible harm to the environment, the article 2 of the Paris Agreement, as well as the Union’s decarbonisation targets should be taken into account. Furthermore, Member States must fully realise the leading role of European island and outermost regions in increasing offshore wind and ocean energy production and shall ensure the possibilityof including renewable energy communities in projects on offshore renewable energy. In addition, Member States and their relevant sub-administrations should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at alater stage, a more meshed grid. This would allow electricity to flow indifferent directions, thus maximising socio-economic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea. Member States bordering a sea basin could use the maritime spatial planning process toensure a strong public participation approach so that the views of all stakeholders and coastal communities are taken into account, as well as the activities already taking place in the affected areas. Accordingly, when installing new wind parks Member States should avoid placing them in the routes of migratory birds and apply best practices to reduce bird fatalities. In order to enhance broad public acceptance, Member States should (and not shall) ensure the possibility of including renewable energy communities in joint cooperation projects on offshore renewable energy.

Amendment  39

 

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission	Amendment
	(8a) The conditions considered necessary for harnessing the potential of renewable energy in European seas and oceans, including those around the islands and outermost regions are varying. Therefore, the European Union undertakes to establish alternative technologies capable of not impacting the marine environment adversely for these areas of particular interest.

Amendment  40

Proposal for a directive

Recital 8 b (new)

Text proposed by the Commission	Amendment
	(8b) The geographical diversity and alternative uses of the marine environment have to be taken into account in order for the renewable energy potential of all Europe's seas and oceans to be harnessed, and this calls for a far broader set of technological solutions. These solutions include floating offshore wind and solar farms, energy from waves, currents and tides, the differential in thermal or saline gradients, marine cooling, heating and geothermal energy and marine biomass (algae).

Amendment  41

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time, the market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market. The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing.	(9) The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time, these agreements provide the producer with the security of a certain income whilst the user can benefit from a stable electricity price. The market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market. The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing.

Amendment  42

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission	Amendment
	(10a) Administrative and permitting procedures need to be further rationalised, made more flexible and simplified, especially for projects linked to cohesion policy programmes, to reduce the administrative burden for both renewable energy projects and related grid infrastructure projects. Member States should define a minimum set of clear and general rules at EU level to ease and expedite national transposition processes, facilitate a homogeneous application throughout the EU of permitting procedures and ease ex-post monitoring by the Commission of the measures adopted by Member States. These rules should foresee an integrated or coordinated process for renewable energy plants and the transmission grid infrastructures which are essential for their integration into the energy system and simplified permitting procedures for projects which respect clearly defined criteria.

Amendment  43

Proposal for a directive

Recital 10 b (new)

Text proposed by the Commission	Amendment
	(10b) Local and regional authorities are key actors when it comes to bringing Europe closer to achieving its energy and climate objectives. Energy production at the local level is crucial to foster renewable energy production, reduce external energy dependence and decrease energy poverty rates.

Amendment  44

 

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of technologies which produce renewable energy while providing certainty for investors and local level engagement.	(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions and to the achievement of the renewable and energy efficiency targets of the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, in accordance with the energy efficiency first principle there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of technologies which produce renewable energy and help their efficient integration in the energy system, while providing certainty for investors and local level engagement as well as contributing to system efficiency. Finally, as renewable energy production often takes place at local and regional level and depends on local and regional SMEs, Member States need to fully involve local and regional authorities when setting targets and supporting policy measures.

Amendment  45

 

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems and is a major barrier to integrating renewables in buildings, industry and agriculture. Member States should cooperate with social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems should be made available and designed in a way to attract participation in such training programmes and certification systems. Member States should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question. The list of trained and certified installers should be made public to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and cooling.	(12) Insufficient numbers of skilled workers, in particular installers and designers of renewable heating and cooling systems, slow down the replacement of fossil fuel heating systems by renewable energy based systems, including solar thermal photovoltaic systems, shallow geothermal systems and heat pumps and energy storage systems, and is a major barrier to integrating renewables in buildings, industry and agriculture. Upskilling through training programmes for installers and designers on renewable heating and cooling and storage technologies should be managed at local and regional level; Member States should cooperate with business, regional and educational authorities, social partners and renewable energy communities to anticipate the skills that will be needed. A sufficient number of high-quality training programmes and certification possibilities ensuring proper installation and reliable operation of a wide range of renewable heating and cooling systems should be made available and designed in a way to attract participation in such training programmes and certification systems. Training courses and qualifications already acquired by the operators on the basis of the previous legislation must be preserved. Member States, and local and regional authorities, should consider what actions should be taken to attract groups currently under-represented in the occupational areas in question, including through the use of resources earmarked for the European Social Fund Plus (ESF+) and how to incentivise the promotion of new and improved skills, aiming to specifically support stable, local and high-quality employment in rural communities.The list of trained and certified installers should be made public and widely promoted to ensure consumer trust and easy access to tailored designer and installer skills guaranteeing proper installation and operation of renewable heating and cooling.

Amendment  46

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission	Amendment
	(12a) The transition to a more integrated energy system that supports clean energy and a climate-neutral economy shall ensure the provision of new vocational training opportunities and prevent job losses.

Amendment  47

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) Infrastructure development for district heating and cooling networks should be stepped up and steered towards harnessing a wider range of renewable heat and cold sources in an efficient and flexible way in order to increase the deployment of renewable energy and deepen energy system integration. It is therefore appropriate to update the list of renewable energy sources that district heating and cooling networks should increasingly accommodate and require the integration of thermal energy storage as a source of flexibility, greater energy efficiency and more cost-effective operation.	(14) Infrastructure development for district heating and cooling networks should be stepped up and steered towards harnessing a wider range of renewable heat and cold sources in an efficient and flexible way in order to increase the deployment of renewable energy and deepen energy system integration. It is therefore indispensable for Member States to support the renovation of existing and the development of highly efficient 4th and 5th generation renewable district heating and cooling networks fuelled exclusively by renewable energy sources and unavoidable waste heat or cold, and update the list of renewable energy sources that district heating and cooling networks should increasingly accommodate and require the integration of thermal energy storage as a source of flexibility, greater energy efficiency and more cost-effective operation.

Amendment  48

 

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(19) Distributed storage assets, such as domestic batteries and batteries of electric vehicles have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such services, the regulatory provisions concerning connection and operation of the storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration renewable electricity, in comparison with larger, stationary storage assets.	(19) Decentralised energy resources such as distributed renewable generation, demand response, smart heating and cooling devices, hot water tanks, thermal energy storage, distributed storage assets, such as domestic batteries and batteries of electric vehicles, smart heating and cooling systems, and other smart devices have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such devices and related services, the regulatory provisions concerning connection and operation of the decentralised generation and storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all these storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration of renewable electricity, in comparison with larger, stationary storage assets. Member States should also provide a level playing field for smaller market actors, in particular renewable energy communities, so that they are able to participate in the market without facing disproportionate administrative or regulatory burden.

Amendment  49

 

Proposal for a directive

Recital 23

Text proposed by the Commission	Amendment
(23) Increasing ambition in the heating and cooling sector is key to delivering the overall renewable energy target given that heating and cooling constitutes around half of the Union's energy consumption, covering a wide range of end uses and technologies in buildings, industry and district heating and cooling. To accelerate the increase of renewables in heating and cooling, an annual 1.1 percentage point increase at Member State level should be made binding as a minimum for all Member States. For those Member States, which already have renewable shares above 50% in the heating and cooling sector, it should remain possible to only apply half of the binding annual increase rate and Member States with 60% or above may count any such share as fulfilling the average annual increase rate in accordance with points b) and c) of paragraph 2 of Article 23. In addition, Member State-specific top-ups should be set, redistributing the additional efforts to the desired level of renewables in 2030 among Member States based on GDP and cost-effectiveness. A longer list of different measures should also be included in Directive (EU) 2018/2001 to facilitate increasing the share of renewables in heating and cooling. Member States may implement one or more measures from the list of measures.	(23) Increasing ambition in the heating and cooling sector is key to delivering the overall renewable energy target given that heating and cooling constitutes around half of the Union's energy consumption, covering a wide range of end uses and technologies in buildings, industry and district heating and cooling. To accelerate the increase of renewables in heating and cooling, an annual 1.1 percentage point increase at Member State level should be made binding as a minimum for all Member States. For those Member States, which already have renewable shares above 50% in the heating and cooling sector, it should remain possible to only apply half of the binding annual increase rate and Member States with 60% or above may count any such share as fulfilling the average annual increase rate in accordance with points b) and c) of paragraph 2 of Article 23. In addition, Member State-specific top-ups should be set, redistributing the additional efforts to the desired level of renewables in 2030 among Member States based on GDP and cost-effectiveness and Member States shall carry out with the involvement of local and regional authorities, an assessment of their potential of energy from renewable sources in the heating and cooling sector and of the use of unavoidable waste heat and cold in full compliance with the energy efficiency first principle. A longer list of different measures should also be included in Directive (EU) 2018/2001 to facilitate increasing the share of renewables in heating and cooling. Member States may implement one or more measures from the list of measures. When adopting and implementing those measures, Member states should ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, and should require a significant share of measures to be implemented as a priority in low-income households at risk of energy poverty and in social housing.

Amendment  50

Proposal for a directive

Recital 29

Text proposed by the Commission	Amendment
(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].	(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. However, in order to ensure the achievement of the greenhouse gas emission savings target, Member States should have the possibility to do so by means of measures targeting volumes, energy content or greenhouse gas emissions, provided that it is demonstrated that the greenhouse gas intensity reduction and minimum shares are achieved. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].

Amendment  51

Proposal for a directive

Recital 30

Text proposed by the Commission	Amendment
(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public to contribute, by supplying renewable electricity, towards the fulfilment of the obligation set up by Member States on fuel suppliers. While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix in transport.	(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public as well as private charging points to contribute, by supplying renewable electricity, towards the fulfilment of the obligation set up by Member States on fuel suppliers. While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix mainly in hard-to-decarbonise transport sectors, such as the maritime and aviation sectors.

Amendment  52

Proposal for a directive

Recital 31

Text proposed by the Commission	Amendment
(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50% greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.	(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain high-indirect land-use change-risk biofuels, bioliquids and biomass fuels. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. Sustainable biofuels, bioliquids and biomass fuels that co-generate valuable protein for animal and human consumption, and are deforestation-free, should be a building block of the decarbonisation of transport, within a reasonable limit preventing unwanted negative impacts on the availability of food and feed resources. Member States should be put in an equal footing in their use of these sustainable biofuels, bioliquids and biomass fuels, to reach the higher level of emission savings, under common limit.

Amendment  53

Proposal for a directive

Recital 35

Text proposed by the Commission	Amendment
(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 5 MW.	(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 10 MW starting in 2027.

Amendment  54

 

Proposal for a directive

Recital 36

Text proposed by the Commission	Amendment
(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.	(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, when harvesting biomass from countries that do not meet the harvesting criteria at national or subnational level or without management systems in place at the forest sourcing area in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass.

Amendment  55

Proposal for a directive

Recital 37

Text proposed by the Commission	Amendment
(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and 10MW.	(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism starting 1 January 2027 for installations of between 10 and 20MW.

Amendment  56

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point a

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 36

Text proposed by the Commission	Amendment
(36) ‘renewable fuels of non-biological origin’ means liquid and gaseous fuels the energy content of which is derived from renewable sources other than biomass;;	(36) ‘renewable fuels of non-biological origin’ means liquid and gaseous fuels the energy content of which is derived from renewable sources;

Amendment  57

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point 14 oa (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 14

Text proposed by the Commission	Amendment
	(14 o a) 11a) Energy Transition Strategic Facilities: all energy transmission facilities that are necessary for the connection and integration of renewable energy sources.

Amendment  58

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point 14 o b (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 14

Text proposed by the Commission	Amendment
	(14 ob) 'energy efficiency first' means 'energy efficient first' as defined in point (18) of Article 2 of Regulation(EU) 2018/1999

Amendment  59

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point 14 o c (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 14

Text proposed by the Commission	Amendment
	(14o c) ‘joint project’ means any joint undertaking between regions, cities or Member States, legally, technically or financially, for the production of renewable energy, which would not be possible without that cooperation;

Amendment  60

 

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point 14 o d (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 14

Text proposed by the Commission	Amendment
	(14o d) ‘community battery’ means a stand-alone rechargeable battery with a rated capacity greater than 50 kWh, which is suitable for installation and use in a residential, commercial or industrial environment and is owned by different shareholders or members in a Renewable energy Community jointly acting renewable energy self-consumers or a renewable energy community company;

Amendment  61

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point 18 b a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 18

Text proposed by the Commission	Amendment
	(18 b a) ‘Low-carbon fuels’ means liquid and gaseous fuels produced from non-renewable raw materials;

 

Amendment  62

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point 22a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 22

Text proposed by the Commission	Amendment
	22a a. biomass from forests’ means biomass produced from forestry, as well as residues from forest based industry; Member States may classify biomass as high-risk primary biomass during implementation of this Directive at national level when the use of such biomass as an energy source might pose a high risk for regional sustainable forest management practices.

Amendment  63

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c – point 22 a b (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 22

Text proposed by the Commission	Amendment
	(22a b) ‘agricultural biomass’ means residue and waste generated through farming activities and resulting from the production, maintenance and processing of agricultural products, animal wastes and food processing wastes.

Amendment  64

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point c a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 16 (new)

Text proposed by the Commission	Amendment
	(ca) (a) point 16 is replaced by the following:
	“(16) ‘renewable energy community’ means a legal person
	(a) which, in accordance with the applicable national law, is based on open and voluntary participation, is autonomous, and is effectively controlled by shareholders or members that are located in the proximity of the renewable energy projects that are owned and developed by that legal entity;
	(b) the shareholders or members of which are natural persons, SMEs or local/regional authorities, including municipalities;
	(c) the primary purpose of which is to provide environmental, economic or social community benefits for its shareholders or members or for the local areas where it operates, rather than financial profits;”

Amendment  65

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point a

Directive (EU) 2018/2001

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 40%.;	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 45%.; As renewable energy production often takes place at local and regional level and depends on local and regional SMEs, Member States need to fully involve local and regional authorities when setting targets and supporting policy measures.

Amendment  66

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end , they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.	3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity or the climate, in their support scheme. To that end, they shall apply (as used in the Directive) (instead of “implement”) the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading guidance, referred to in the third subparagraph.

Amendment  67

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1 – point a – point i

Text proposed by the Commission	Amendment
(i) the use of saw logs, veneer logs, stumps and roots to produce energy.	deleted

Amendment  68

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1 – point a – point iii

Text proposed by the Commission	Amendment
(iii) practices which are not in line with the delegated act referred to in the third subparagraph.	deleted

Amendment  69

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1 –introductory part

Text proposed by the Commission	Amendment
(b) From 31 December 2026, and without prejudice to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:	(b) From 31 December 2026, and without prejudice to the obligations in the first sub-paragraph, Member States shall grant no new support scheme to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:

Amendment  70

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b – point ii

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
(ii) it is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29(11), second subparagraph.	(ii) it is produced in a facility that has undertaken an assessment to prove its readiness for the application of Biomass CO2 Capture and Storage and meets the requirements set in Article 29(11), second subparagraph.

Amendment  71

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b – point ii a (new)

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
	(ii a) Cogeneration is either not technically feasable or commercially not viable

Amendment  72

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b – point ii b (new)

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
	(ii b) discontinuation of support would determine the replacement of the installation with a fossil-based one

Amendment  73

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b – point ii c (new)

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
	(ii c) it is produced in a facility which is part of a support scheme that is designed to remove the risk of security of supply or ensure grid stability and meets the relevant requirements set in Article 29(11)

Amendment  74

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b – point ii d (new)

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
	(ii d) it is produced in an area where there is no commercial demand for heat.

Amendment  75

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities.	deleted

Amendment  76

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 4

Text proposed by the Commission	Amendment
By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity and possible market distortions, and will assess the possibility for further limitations regarding support schemes to forest biomass.;	By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity and possible market distortions, the maximisation of power generation from bioenergy as recommended by the International Energy Agency in its 10-Point Plan to the European Union for reducing reliance on Russian supplies by over a third while supporting the European Green Deal, the increase of biomethane production from sustainable biomass sources, in particular agricultural biomass, as recommended by the European Commission in "REPowerEU: Joint European Action for more affordable, secure and sustainable energy".;

Amendment  77

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point c

Directive (EU) 2018/2001

Article 3 – paragraph 4a

Text proposed by the Commission	Amendment
4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.;	4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers to high level of renewable electricity supply, including those related to permitting procedures and the development of the necessary power transmission networks and Energy Transition Strategic Facilities, including those measures to accelerate and simplify permitting procedures, and ensuring long-term price signals for investment decisions, including investments in system adequacy, stability and flexibility through competitive, transparent and non-discriminatory bidding processes, which provide for remuneration of the successful bidders based on market prices. Renewable energy projects and the associated transmission networks that are of strategic interest shall receive priority treatment through a simplified permit-granting process. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of nonbiological origin. Member States and their relevant sub-national administrations shall endeavour to promote the most sustainable renewable energy generation technologies, for example by assessing the embodied carbon footprint of the projects and applying sustainability best practices in the project development;

Amendment  78

 

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2018/2001

Article 7 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
With regard to the first subparagraph, point (a), (b), or (c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport - where it is consumed.	With regard to the first subparagraph, point (a), (b), or(c), gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. Electricity and energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity, heating and cooling or transport and counted in the member State- where it is consumed only if a statistical transfer, joint project or joint support scheme between involved Member States is previously agreed. If not, when renewable fuels of non-biological origin are consumed by a Member State different than the producing Member State, a minimum level of energy shall be accounted in the Member State where it is produced.

Amendment  79

 

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a

Directive (EU) 2018/2001

Article 9 – paragraph 1a

Text proposed by the Commission	Amendment
1a. By 31 December 2025, each Member State shall agree to establish at least one joint project with one or more other Member States for the production of renewable energy. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129425 shall be deemed to satisfy this obligation for the Member States involved.;	1a. By 31 December 2025, each Member State shall agree to establish at least one joint project with one or more other Member States for the production of renewable energy. Such cooperation as the drafting and implementation of this joint project should involve local and regional authorities and private operators. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/129425 shall be deemed to satisfy this obligation for the Member States involved. Local and regional authorities involved in cross-border projects, including joint structures such as Euro regions and EGTCs, should also be eligible for financial support and technical assistance;
__________________	__________________
25 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).	25 Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).

Amendment  80

 

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive (EU) 2018/2001

Article 9 – paragraph 7a (new)

Text proposed by the Commission	Amendment
7a. Member States bordering a sea basin shall cooperate to jointly define the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps in 2030 and 2040. They shall take into account the specificities and development in each region, the offshore renewable potential of the sea basin and the importance of ensuring the associated integrated grid planning. Member States shall notify that amount in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.;	7a. Member States bordering a sea basin shall cooperate to jointly define and allocate adequate space in their maritime spatial plan for the amount of offshore renewable energy and related infrastructure they plan to produce in that sea basin by 2050, with intermediate steps in 2030 and 2040. They shall facilitate coexistence with maritime activities and take into account environmental and landscape protection the specificities and development in each region, especially the activities that already take place in the affected area, the socioeconomical reality, and the possible harm to the environment,the technical and economic feasibility of the transmission grid infrastructure, the offshore renewable potential of the sea basin and the importance of ensuring the associated integrated grid planning and to respect EU environmental legislation. To this end, there should be enhanced cooperation on regional planning for shipping lanes, fishing, protected and restricted areas and energy infrastructure; better collaboration between private and public research; dialogue cultivated between the competent public institutions and any other suitable action carried out. Member States shall notify that amount in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.;

Amendment  81

 

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive (EU) 2018/2001

Article 9 – paragraph 7a (new)

Text proposed by the Commission	Amendment
	In order to ensure the sustainable management ofmaritime space and coasts and unlock the potential of offshore renewables,Member States, bordering a sea basin, shall make use of Maritime Spatial Planning (MSP) process accompanied by a solid approach to public participation enabling stakeholders’ and affected coastal communities' views are taken into consideration at an early stage. In order to enhance broad public acceptance, Member States shall ensure the possibility of including renewable energy communities in joint cooperation projects on offshore renewable energy.

Amendment  82

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b

Directive (EU) 2018/2001

Article 9 – paragraph 7a (new)

Text proposed by the Commission	Amendment
	In order to reduce complexity, increase efficiency and transparency and help enhance cooperation among Member States there should be a unique point of contact (‘one stop shop’) per priority offshore grid corridor, facilitating the permit granting process for offshore renewable energy projects of common interest.

Amendment  83

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point c

Directive (EU) 2018/2001

Article 15 – paragraph 8 – subparagraph 2 (new)

Text proposed by the Commission	Amendment
	Following the assessment of Member States under the first subparagraph, the Commission shall analyse the barriers to long-term power purchase agreements and in particular to the deployment of cross-border renewable power purchase agreements and issue guidance on the removal of these barriers;

Amendment  84

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point d

Directive (EU) 2018/2001

Article 15 – paragraph 9 – subparagraph 2 (new)

Text proposed by the Commission	Amendment
	Member States shall present an assessment of their permitting process and the measures for improvement to be taken in line with the guidelines in the updated integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/199 in accordance with the procedure and timeline laid down in that Article.

Amendment  85

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point d

Directive (EU) 2018/2001

Article 15 – paragraph 9 – subparagraph 3 (new)

Text proposed by the Commission	Amendment
	Member States shall be required to develop strategic planning processes to identify available land to deploy renewable energy projects, in particular degraded land and land available for multiple uses, such as agricultural land and inland water bodies where renewable energy projects can be deployed;.

Amendment  86

Proposal for a directive

Article 1 – paragraph 1 – point 5 – point d

Directive (EU) 2018/2001

Article 15 – paragraph 9 – subparagraph 4 (new)

Text proposed by the Commission	Amendment
	The Commission shall assess the measures for improvement and score the KPIs of Member States. This information should be made publicly available. The Commission shall introduce incentives for Member States scoring higher in accordance with the KPIs assessment, including priority access to EU funds dedicated to renewable energy project

Amendment  87

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15a – paragraph 1

Text proposed by the Commission	Amendment
1. In order to promote the production and use of renewable energy in the building sector, Member States shall set an indicative target for the share of renewables in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources in the buildings sector in the Union’s final consumption of energy in 2030. The national target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it.	1. In order to promote the production and use of renewable energy in the building sector, Member States shall set an indicative target for the share of renewables in final energy consumption in their buildings sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources in the buildings sector in the Union’s final consumption of energy in 2030. The national target shall be expressed in terms of share of national final energy consumption and calculated in accordance with the methodology set out in Article 7 including in the calculation of the share of final consumption of the electricity from renewable sources comprising self-consumption, energy communities and the share of renewable energy in the electricity mix. Member States shall include their target in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it.

Amendment  88

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15a – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources in the building stock, including national measures relating to substantial increases in renewables self-consumption, renewable energy communities and local energy storage, in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero-energy and zero-energy buildings.	2. Member States shall introduce measures in their building regulations and codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources in the building stock, including national measures relating to substantial increases in renewables self-consumption, renewable energy communities, local renewable energy sharing, and local energy storage, in combination with energy efficiency improvements relating to cogeneration and passive, nearly zero-energy and zero energy buildings.

Amendment  89

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15 a – paragraph 4

Text proposed by the Commission	Amendment
4. In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26 , energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy.;	4. In order to achieve the indicative share of renewable energy set out in paragraph 1 and 3, Member States shall promote the use of efficient renewable heating and cooling systems and equipment, including smart-renewable-based heating and cooling systems, as well as the smart decentralised energy resources in buildings. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26, energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy.;
__________________	__________________
26 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).	26 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).

Amendment  90

 

Proposal for a directive

Article 1 – paragraph 1 – point 6 a (new)

Directive (EU) 2018/2001

Article 15b (new)

Text proposed by the Commission	Amendment
	(6 a) The following Article is inserted:
	Article 15 b
	'Integrated renewable energy resources assessment and planning'
	Member States shall perform integrated mapping and planning for the deployment of renewable energy resources on their territory incoordination with all relevant national, regional and local authorities.
	The integrated mapping and planning referred to in paragraph 1 shall also consider the energy storage facilities required to ensure a stable and resilient penetration of renewables, taking into account elements such as seasonal variations and energy scarcity periods.
	While identifying the most suitable areas for the deployment of renewables, Member States shall determine different levels of priority taking into account both the availability of the energy resource as well as the environmental and biodiversity protection and impacts on local communities and pre-existing activities. Member States may facilitate the deployment of projects in the areas identified as having the highest level of priority through the permit granting process set out in Article 16(6), without prejudice to Article 16(7)'. (7)'.

Amendment  91

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001

Article 18 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
3. Member States shall ensure that certification schemes are available for installers and designers of all forms of renewable heating and cooling systems in buildings, industry and agriculture, and for installers of solar photovoltaic systems. Those schemes may take into account existing schemes and structures as appropriate, and shall be based on the criteria laid down in Annex IV. Each Member State shall recognise the certification awarded by other Member States in accordance with those criteria.	3. Member States shall ensure that certification schemes are available for installers and designers of all forms of renewable heating and cooling systems in buildings, industry and agriculture, and for installers of solar, thermal and photovoltaic systems, shallow geothermal systems and heat pumps, including storage and active demand respond systems. Those schemes may take into account existing schemes and structures as appropriate, and shall be based on the criteria laid down in Annex IV. Each Member State shall recognise the certification awarded by other Member States in accordance with those criteria.

Amendment  92

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001

Article 18 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
Member States shall ensure that trained and qualified installers of renewable heating and cooling systems are available in sufficient numbers for the relevant technologies to service the growth of renewable heating and cooling required to contribute to the annual increase in the share of renewable energy in the heating and cooling sector as set out in Article 23.	Member States shall ensure that trained and qualified installers of renewable heating and cooling systems, solar thermal and photovoltaic systems, shallow geothermal systems, heat pumps and storage systems and active demand respond systems are available in sufficient numbers for the relevant technologies to service the growth of renewable heating and cooling required to contribute to the annual increase in the share of renewable energy in the heating and cooling sector as set out in Article 23 in buildings as set out in Article 15a and for renewable energy in transport as set out in Article 25, as well as the overall renewable energy target as set out in Article 3.

Amendment  93

 

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001

Article 18 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
To achieve such sufficient numbers of installers and designers, Member States shall ensure that sufficient training programmes leading to qualification or certification covering renewable heating and cooling technologies, and their latest innovative solutions, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self-employed. Member States may put in place voluntary agreements with the relevant technology providers and vendors to train sufficient numbers of installers, which may be based on estimates of sales, in the latest innovative solutions and technologies available on the market.	To achieve such sufficient numbers of installers and designers, Member States or their competent authorities at regional and local level, shall ensure that sufficient training programmes leading to qualification or certification covering renewable heating and cooling technologies, storage technologies, and their latest innovative solutions, including infrastructure, are made available. Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self-employed. Member States may put in place voluntary agreements with the relevant technology providers and vendors to train sufficient numbers of installers, which may be based on estimates of sales, in the latest innovative solutions and technologies available on the market.

Amendment  94

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001

Article 18 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. By 31 December 2025 the Commission shall assess the availability of trained and qualified installers of renewable energy technologies needed to cover the demand for jobs at Member State level. Where necessary, the Commission shall make recommendations to Member States to reduce any gap in the availability of trained workers, which shall be made publicly available.

Amendment  95

 

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point a – point i

Directive (EU) 2018/2001

Article 19 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources. Member States may arrange for guarantees of origin to be issued for energy from non-renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.;	To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from a producer of energy from renewable sources. Issuance of guarantees of origin may be made subject to a minimum capacity limit. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each unit of energy produced.’;

Amendment  96

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall require transmission system operators and distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available. This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems.	1. Member States shall require transmission system operators and distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible , with forecasting where available. This information shall be made available digitally in a manner that enables it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems. Member States shall ensure that transmission system operators and distribution system operators are Legally granted the access to have access to the related data in order to fulfil this task.

Amendment  97

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 2

Text proposed by the Commission	Amendment
2. In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall ensure that manufacturers of domestic and industrial batteries enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non-discriminatory terms and at no cost.	2. In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020], Member States shall ensure that manufacturers of domestic, community and industrial batteries enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non-discriminatory terms and at no cost.

Amendment  98

 

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2018/2001

Article 20a – paragraph 4

Text proposed by the Commission	Amendment
4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of small or mobile systems such as domestic batteries and electric vehicles, both directly and through aggregation.;	4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of district heating and cooling networks small or mobile systems such as domestic batteries, community batteries and electric vehicles, thermal energy storage units and smart electric heating and cooling appliances and systems, and other smart devices facilitating consumers’ flexible renewable electricity consumption, both directly and through aggregation. Member States shall provide a level playing field for smaller market actors, in particular renewable energy communities, sot hat they are able to participate in the market without facing disproportionate administrative or regulatory burden.;

Amendment  99

 

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2001

Article 22a – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
1. Member States shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030.	1. Member States, in coordination with regional and local authorities shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030.

Amendment  100

 

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2001

Article 22a – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
Member States shall include the measures planned and taken to achieve such indicative increase in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999.	Member States in coordination with regional and local authorities shall include the measures planned and taken to achieve such indicative increase in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17of Regulation (EU) 2018/1999.

Amendment  101

 

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2001

Article 22 a – paragraph 1 – subparagraph 3

Text proposed by the Commission	Amendment
Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be 50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030. For the calculation of that percentage, the following rules shall apply:	Member States in coordination with regional and local authorities shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be 50 % of the hydrogen used for final energy and non-energy purposes in the hard-to-abate high-temperature industry, aviation and shipping sectors where electrification is not a feasible solution by 2030. For the calculation of that percentage, the following rules shall apply: By the year of entry into force of this Directive, the Commission shall perform an impact assessment on the development of the market in renewable energy from renewable fuels of non-biological origin, in order to establish whether sufficient volumes are likely to be available by 2030.

Amendment  102

 

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2011

Article 22a – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that industrial products that are labelled or claimed to be produced with renewable energy and renewable fuels of non-biological origin shall indicate the percentage of renewable energy used or renewable fuels of non-biological origin used in the raw material acquisition and pre-processing, manufacturing and distribution stage, calculated on the basis of the methodologies laid down in Recommendation 2013/179/EU27 or, alternatively, ISO 14067:2018.;	2. Member States in coordination with regional and local authorities, shall ensure that industrial products that are labelled or claimed to be produced with renewable energy and renewable fuels of non-biological origin shall indicate the percentage of renewable energy used or renewable fuels of nonbiological origin used in the raw material acquisition and pre-processing, manufacturing and distribution stage, calculated on the basis of the methodologies laid down in Recommendation 2013/179/EU27 or, alternatively, ISO 14067:2018.;
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27 2013/179/EU: Commission Recommendation of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations, OJ L 124, 4.5.2013, p. 1–210	27 2013/179/EU: Commission Recommendation of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations, OJ L 124, 4.5.2013, p. 1–210

Amendment  103

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point b

Directive (EU) 2018/2001

Article 23 – paragraph 1a

Text proposed by the Commission	Amendment
1a. Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including, where appropriate, an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects. The assessment shall set out milestones and measures to in increase renewables in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling with a view of establishing a long-term national strategy to decarbonise heating and cooling. The assessment shall be part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.;	1a. Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including, where appropriate, an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects with the participation of local and regional authorities. The assessment shall set out milestones and measures to an increase of renewables in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling and small-scale household and SMEs with a view of establishing a long-term national strategy to decarbonise heating and cooling. The assessment shall be in accordance with the energy efficiency first principle and part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.;

Amendment  104

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point c a (new)

Directive (EU) 2018/2001

Article 23 – paragraph 1a – subparagraph 1

 

Text proposed by the Commission	Amendment
	(c a) the following subparagraph is inserted:
	Member States shall in particular provide information to the owners or tenants of buildings and SMEs on cost-effective measures, and financial instruments, to improve the use of renewable energy in the heating and cooling systems. Member States shall provide the information through accessible and transparent advisory tools based in one-stop shops;

Amendment  105

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – part d

Text proposed by the Commission	Amendment
(d) capacity building for national and local authorities to plan and implement renewable projects and infrastructures;	(d) capacity building for national, regional and local authorities to plan and implement renewable projects and infrastructures;

Amendment  106

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – subparagraph 1 – point i

Text proposed by the Commission	Amendment
(i) other policy measures, with an equivalent effect, including fiscal measures, support schemes or other financial incentives.	(i) other policy measures, with an equivalent effect, including fiscal measures, support schemes or other financial incentives contributing to the installation of renewable heating and cooling equipment and the development of energy networks supplying renewable energy for heating and cooling in buildings and industry.

Amendment  107

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23– paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, who would not otherwise possess sufficient up-front capital to benefit.;	When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers including those who are tenants, in particular those in low-income or vulnerable households and shall require a significant share of masures to be implemented as a priority in households living in a condition of energy poverty as defined in the [Energy Efficiency Directive Recast] and in social housing, who would not otherwise possess sufficient up-front capital to benefit.;

Amendment  108

Proposal for a directive

Article 1 – paragraph 1 – point 13 – point e

Directive (EU) 2018/2001

Article 24(e) – paragraph 8

Text proposed by the Commission	Amendment
Member States may extend the assessment and coordination requirements under the first and third subparagraphs to gas transmission and distribution system operators, including hydrogen networks and other energy networks.	Member States may extend the assessment and coordination requirements under the first and third subparagraphs to gas transmission and distribution system operators, including hydrogen networks and other energy networks.
	Member States shall coordinate with regions and cities to facilitate the implementation of this paragraph.

Amendment  109

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030.	(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030. By the year of entry into force of this Directive, the Commission shall perform an impact assessment on the development of the market in renewable energy from renewable fuels of non-biological origin, in order to establish whether sufficient volumes are likely to be available by 2030.

Amendment  110

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional fuels. For the calculation of the reduction referred to in point (a), Member States may take into account recycled carbon fuels.	For the calculation of the reduction referred to in point (a) and the share referred to in point (b), Member States shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of transport fuels. For the calculation of the reduction referred to in point (a), Member States may take into account recycled carbon fuels.

Amendment  111

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – subparagraph 3

Text proposed by the Commission	Amendment
When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels.	When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels. When setting the obligation referred to in points (a) and (b) of the first subparagraph to ensure the achievement of the targets set out therein, Member States may do so, inter alia, by means of measures targeting volumes, energy content or greenhouse gas emissions, provided that it is demonstrated that the greenhouse gas intensity reduction and minimum shares referred to in points (a) and (b) of the first subparagraph are achieved.

Amendment  112

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public recharging stations shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.;	2. Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public and private recharging stations shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.;

Amendment  113

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point i

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.;	For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member Statewith a maximum of 7 % of final consumption of energy in the transport sector in that Member State. By way of derogation, Member States may decide to exclude bioliquids used for electricity production in the outermost regions and non-interconnected areas from the aforementioned 7 % ceiling for the transport sector;

 

Amendment  114

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point c – point (iv) a (new)

Directive (EU) 2018/2001

Article 27 – point c

Text proposed by the Commission	Amendment
	(iv a) the share of biofuels and biogas for transport produced from grape marc and wine lees may be considered to be twice its energy content during a 6-years transitional period starting from the entry into force of the directive.

Amendment  115

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point ii

Directive (EU) 2018/2001

Article 29 – subparagraph 4 – point a

Text proposed by the Commission	Amendment
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 5 MW,	— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling which are not yet in service at the time of entry into force of this Directive , with a total rated thermal input equal to or exceeding 20 MW and, from 1 January 2027, 10 MW,

Amendment  116

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point ii

Directive (EU) 2018/2001

Article 29 – subparagraph 4 –point b

Text proposed by the Commission	Amendment
— (b) in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 2 MW,	— (b) in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with an average rated thermal input equal to or exceeding 2 MW,

Amendment  117

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point ii

Directive (EU) 2018/2001

Article 29 – subparagraph 4 – point b a (new)

Text proposed by the Commission	Amendment
	— (ba) in the case of bioliquids, in an installation producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 10 MW,

Amendment  118

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point b

Directive (EU) 2018/2001

Article 29 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass.;	This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass originating from a country, a subnational entity or a forest area, which does not meet the criteria set out in paragraph 6;

Amendment  119

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point c

Directive (EU) 2018/2001

Article 29 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
The first subparagraph, with the exception of points (b) and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass.;	The first subparagraph, with the exception of points (b)and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass from a country , a subnational entity or a forest area, which does not meet the criteria set out in paragraph 6.;

Amendment  120

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point d

Directive (EU) 2018/2001

Article 29 – paragraph 5

Text proposed by the Commission	Amendment
5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil.;	5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass originating from a country, a subnational entity or a forest area which does not meet the criteria set out in paragraph 6, taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil and the relevant authorities report compliance at the level of the national, subnational or forest area of origin with the criteria for minimising the risk of using forest biomass derived from non-sustainable production set out in paragraph 6.

Amendment  121

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e – introductory part

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
(e) in paragraph 6, first subparagraph, point (a), point (iv) is replaced by the following:	(e) in paragraph 6, first subparagraph, point (a), point (iii) and point (iv) are replaced by the following:

Amendment  122

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – point iii (new)

Text proposed by the Commission	Amendment
	(iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including land that had one of the following statuses in or after January 2008whether or not the land continues to have that status:
	-primary forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;
	-wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;
	-peatland;
	unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes, does not involve drainage of previously undrained soil, or that evidence is provided that the harvesting of raw material is necessary to preserve its status as high-biodiversity value;

Amendment  123

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – point a – point (iv)

Text proposed by the Commission	Amendment
(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;	(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts and uses locally appropriate sustainable forest management practices based on principles agreed in Forest Europe and FAO.;

Amendment  124

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f – introductory part

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
(f) in paragraph 6, first subparagraph, point (b), point (iv) is replaced by the following:	(f) in paragraph 6, first subparagraph, point (a), point (iii) and point (iv) are replaced by the following:

Amendment  125

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – point iii (new)

Text proposed by the Commission	Amendment
	(iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including land that had one of the following statuses in or after January 2008whether or not the land continues to have that status:
	-primary forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;
	-wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;
	-peatland;
	unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes, does not involve drainage of previously undrained soil, or that evidence is provided that the harvesting of raw material is necessary to preserve its status as high-biodiversity value;

Amendment  126

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f

Directive (EU) 2018/2001

Article 29 – paragraph 6 – subparagraph 1 – point b – point iv

Text proposed by the Commission	Amendment
(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;	(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, and uses locally appropriate sustainable forestry management practices based on principles agreed in Forest Europe and FAO;

Amendment  127

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point g

Directive (EU) 2018/2001

Article 29 – paragraph 10 – subparagraph 1 – point d

Text proposed by the Commission	Amendment
(d) at least 70 % for electricity, heating and cooling production from biomass fuels used in installations until 31 December 2025, and at least 80 % from 1 January 2026.;	(d) at least 70 % for electricity, heating and cooling production from biomass fuels used in installations starting operations from 1 January 2021 until 31 December 2025, and at least 80 % for installations starting from 1 January 2026.;

Amendment  128

Proposal for a directive

Article 1 – paragraph 1 – point 18 a (new)

Directive (EU) 2018/2001

Article 29 –  paragraph 13

Present text	Amendment
	"13. For the purposes referred to in point (c) of the first subparagraph of paragraph 1 of this Article, Member States may derogate, for a limited period of time, from the criteria laid down in paragraphs 2 to 7 and 10 and 11 of this Article by adopting different criteria for:
	(a) installations located in an outermost region as referred to in Article 349 TFEU to the extent that such facilities produce electricity or heating or cooling from biomass fuels and the transport sector, in particular the space sector and related astrophysics activities; and
	(b) biomass fuels used in the installations and transport sector referred to in point (a) of this subparagraph, irrespective of the place of origin of that biomass, provided that such criteria are objectively justified on the grounds that their aim is to ensure, for that outermost region, a smooth phase-in of the criteria laid down in paragraphs 2 to 7 and 10 and 11 of this Article and thereby incentivise the transition from fossil fuels to sustainable biomass fuels.
	The different criteria referred to in this paragraph shall be subject to a specific notification by the relevant Member State to the Commission."

(Directive (EU) 2018/2001)

Amendment  129

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point b

Directive (EU) 2018/2001

Article 30 – paragraph 3 – subparagraph 1

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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that information.	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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that 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. It shall evaluate the frequency and methodology of sampling and the robustness of the data.

Amendment  130

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point d

Directive (EU) 2018/2001

Article 30 – paragraph 6 – subparagraph 4

Text proposed by the Commission	Amendment
For installations producing electricity heating and cooling with a total rated thermal input between 5 and 10 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.	For installations producing electricity heating and cooling with a total rated thermal input between 10 and 20 MW starting 1 January 2027, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.

Amendment  131

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive (EU) 2018/2001

Article 31 – paragraphs 2, 3 and 4

Text proposed by the Commission	Amendment
(21) in Article 31, paragraphs 2, 3 and 4 are deleted:	deleted

Amendment  132

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31a – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels.	1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels including the tracing of the feedstocks listed in Annex IX used in their production, and recycled carbon fuels.

Amendment  133

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31a – paragraph 4

Text proposed by the Commission	Amendment
4. If guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are cancelled before the consignment of renewable gases can be registered in the database.	4. When guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are registered in the database and are cancelled after the consignment of renewable gases is withdrawn from the European network for renewable gas.

Amendment  134

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31a  – paragraph 5 – subparagraph 2

Text proposed by the Commission	Amendment
For data verification, voluntary or national schemes recognised by the Commission pursuant to Article 30(4), (5) and (6) may use third party information systems as intermediaries to collect the data, provided that such use has been notified to the Commission.	For data verification, voluntary or national schemes recognised by the Commission pursuant to Article 30(4), (5) and (6) may use third party information systems as intermediaries to collect the data, provided that such use has been notified to the Commission.
	To the extent possible, the data base shall include disaggregated data on a NUTS 3or NUTS 2 level.

Amendment  135

Proposal for a directive

Annex I – paragraph 1 – point 5 – point a

Directive (EU) 2018/2001

Annex V – part C – point 6

Text proposed by the Commission	Amendment
6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use37 .;	6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, storing carbon in soil with biochar improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Carbon in biomasses can be converted into biochar through pyrolysis, which can be stored by land application, thereby making it a negative missions technology. Here, the bonus for the improved agricultural and manure management is returned to the farmer responsible for the negative emissions when sustainability/environmental certificates are issued. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use37.;
_________________	_________________
37 Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.	37 Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.

Amendment  136

Proposal for a directive

Annex I – paragraph 1 – point 5 – point c

Directive (EU) 2018/2001

Annex V– point 18

Text proposed by the Commission	Amendment
18. For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs e eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec, as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery.	18. For the purposes of the calculation referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs e eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery.

Amendment  137

Proposal for a directive

Annex I – paragraph 1 – point 8 – point a a (new)

Directive (EU) 2018/2001

Annex IX – Part A – point (a bis) – point (r)

Text proposed by the Commission	Amendment
	(a a) (a bis) In part A, the following alinea is inserted:
	(r) Intermediate and cover crops;

Amendment  138

Proposal for a directive

Annex I – paragraph 1 – point 8 a (new)

Directive (EU) 2018/2001

Annex IX – Part A – point g

Present text	Amendment
	(8 a) Annex IX, point (g) is replaced by:
	"(g) empty palm fruit bunches;"

(Directive (EU) 2018/2001)

 

 

 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652
References	COM(2021)0557 – C9-0329/2021 – 2021/0218(COD)
Committee responsible  Date announced in plenary	ITRE 13.9.2021
Opinion by  Date announced in plenary	REGI 13.9.2021
Rapporteur for the opinion  Date appointed	Raffaele Fitto 27.9.2021
Discussed in committee	15.3.2022
Date adopted	15.6.2022
Result of final vote	+: –: 0:	22 13 5
Members present for the final vote	François Alfonsi, Pascal Arimont, Adrian-Dragoş Benea, Rosanna Conte, Corina Crețu, Rosa D’Amato, Christian Doleschal, Raffaele Fitto, Chiara Gemma, Mircea-Gheorghe Hava, Krzysztof Hetman, Manolis Kefalogiannis, Constanze Krehl, Elżbieta Kruk, Dan-Ştefan Motreanu, Andżelika Anna Możdżanowska, Niklas Nienaß, Andrey Novakov, Younous Omarjee, Alessandro Panza, Tsvetelina Penkova, Caroline Roose, Marcos Ros Sempere, André Rougé, Susana Solís Pérez, Monika Vana
Substitutes present for the final vote	Álvaro Amaro, Asger Christensen, Laurence Farreng, Sandro Gozi, Jan Olbrycht, Dimitrios Papadimoulis, Rovana Plumb, Peter Pollák, Simone Schmiedtbauer, Yana Toom
Substitutes under Rule 209(7) present for the final vote	Pietro Fiocchi, Vlad Gheorghe, Eero Heinäluoma, Antonio Maria Rinaldi

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

22	+
ECR	Pietro Fiocchi, Raffaele Fitto, Elżbieta Kruk, Andżelika Anna Możdżanowska
ID	Rosanna Conte, Alessandro Panza, Antonio Maria Rinaldi
PPE	Álvaro Amaro, Pascal Arimont, Christian Doleschal, Mircea-Gheorghe Hava, Krzysztof Hetman, Manolis Kefalogiannis, Dan-Ştefan Motreanu, Andrey Novakov, Jan Olbrycht, Peter Pollák, Simone Schmiedtbauer
RENEW	Asger Christensen, Vlad Gheorghe, Susana Solís Pérez, Yana Toom

 

13	-
S&D	Adrian-Dragoş Benea, Corina Crețu, Eero Heinäluoma, Constanze Krehl, Tsvetelina Penkova, Rovana Plumb, Marcos Ros Sempere
THE LEFT	Dimitrios Papadimoulis
VERTS/ALE	François Alfonsi, Rosa D'Amato, Niklas Nienaß, Caroline Roose, Monika Vana

 

5	0
ID	André Rougé
NI	Chiara Gemma
RENEW	Laurence Farreng, Sandro Gozi
THE LEFT	Younous Omarjee

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT (22.4.2022)

for the Committee on the Industry, Research and Energy

on the proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652

(COM(2021)0557 – C9‑0329/2021 – 2021/0218(COD))

Rapporteur for opinion: Pina Picierno

 

SHORT JUSTIFICATION

The Rapporteur focuses on the interests of farmers and the agriculture sector in the EU when putting forward amendments in this Draft Opinion of the Committee on Agriculture and Rural Development of the European Parliament on the proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources (RED III).

 

The Committee welcomes the increased level of ambition proposed by the Commission and is of the opinion that to meet those new targets, a general mobilisation will be needed, transforming this challenge into opportunities leaving no one behind, particularly in rural areas which are both at the forefront of the climate challenge and a source of solutions to fight climate change.

 

This Committee regularly considers the issue of food security within the European Union, and the draft opinion to RED III is written in that context. Raw materials from agriculture must primarily remain for food and feed uses so that the necessary imports to the EU for feed purposes can at least be kept stable, or reduced over time. For this purpose, it should be also underlined that the production of conventional biofuels is a major lever for the production of proteins, needed particularly for animal feed.  Broadening the categories of energy feedstocks is a complex and sensitive question, which should be considered only when necessary in the Committee´s Opinion.

 

RED II sets a clear framework, which is the basis on which many operators have made long-term investments and have legitimate expectations of maximum stability and consistency, whilst the need for sustainable energy grows. This, in the situation where our ambition is to reach 38% to 40% RES in our energy mix, and there is increasing pressure on the agriculture sector.

 

Whilst recognising the limited scope of the Commission´s proposal, the need for stability, and the fact that the implementation of RED II is still in its early stages, the Rapporteur nevertheless considers that there are legitimate concerns, which were raised by this Committee in the last revision. Some of these are still pertinent, and should be further considered, including agricultural and crop waste as potential energy feedstocks.

 

Specific elements included in amendments are:

 

• ensuring use of waste heating and cooling on and from farms and agricultural holdings;

• ensuring that training for installers of renewable technologies fully covers the specific needs of agricultural buildings so that even the remotest areas have access to professionally skilled people;

• ensuring that renewable technologies are facilitated in remote rural areas in terms of integrating small scale or on-farm energy production and use of surplus energy;

• consideration of charging needs on agricultural holdings as numbers of electric agricultural vehicles increase;

• maintaining the current system of calculation for GHG reduction based on the NUTS II level in order to avoid extra administrative burden, especially for small farmers.

• ensuring adequate anti-fraud provisions and a full and certified traceability covering not only the biofuels but also the inputs used in their production.

 

In the draft opinion and the work towards the Committee’s final opinion, the Rapporteur wishes to ensure that agriculture is not only fully taken into account in this amendment of the RED, but that it is also enabled to play a stronger role in increasing the proportion of renewables into the energy mix of the future, alongside its other essential functions of providing food and feed sustainably, and of safeguarding biodiversity.

 

 

AMENDMENTS

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

Amendment  1

Proposal for a directive

Recital 1

Text proposed by the Commission	Amendment
(1) The European Green Deal establishes5 the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and job creation. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6, that was endorsed both by the European Parliament 7, and by the European Council8, requires an energy transition and significantly higher shares of renewable energy sources in an integrated energy system.	(1) The European Green Deal (EGD) establishes5 the objective of the Union becoming climate neutral in 2050 in a manner that contributes to the European economy, growth and jobs. That objective, and the objective of a 55% reduction in greenhouse gas emissions by 2030 as set out in the 2030 Climate Target Plan6 that was endorsed both by the European Parliament7 and by the European Council8, requires a fair and equitable energy transition, so that no region is left behind, as well as significantly higher shares of renewable energy sources in an integrated energy system.
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5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal.	5 Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal.
6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition - Investing in a climate-neutral future for the benefit of our people.	6 Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition - Investing in a climate-neutral future for the benefit of our people.
7 European Parliament resolution of 15 January 2020 on the European Green Deal [2019/2956(RSP)].	7 European Parliament resolution of 15 January 2020 on the European Green Deal [2019/2956(RSP)].
8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf	8 European Council conclusions of 11 December 2020, https://www.consilium.europa.eu/media/47296/1011-12-20-euco-conclusions-en.pdf

Amendment  2

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss.	(2) Renewable energy plays a fundamental role in delivering the European Green Deal and for achieving climate neutrality by 2050, given that the energy sector contributes over 75% of total greenhouse gas emissions in the Union. By reducing those greenhouse gas emissions, renewable energy also contributes to tackling environmental-related challenges such as biodiversity loss. The low operating costs of renewable energy and the reduced exposure to price shocks compared to fossil fuels gives renewable energy a key role in tackling energy poverty.

Amendment  3

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2a) 31 million people live in energy poverty, with rural areas being particularly affected. Renewable energy can contribute to eradicating energy poverty and thus strengthen the social component of the European Green Deal.

Amendment  4

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 40% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target10 . Therefore, the target set out in Article 3 of that Directive needs to be increased.	(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 45% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target10. Therefore, the target set out in Article 3 of that Directive needs to be increased.
__________________	__________________
9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209	9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209
10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people	10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people

Justification

Increasing production and consumption of renewable energy is fundamental to achieve the Union’s greenhouse gas emission reduction target. While the Commission proposes ambitious transition of electricity production and cooling and heating, there is a potential lack of ambitions in terms of energy consumption in the transport sector. A higher overall target is necessary to include more ambitious strategies in all sectors.

Amendment  5

Proposal for a directive

Recital 4

Text proposed by the Commission	Amendment
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11 , with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except in well-defined circumstances. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non-renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13 . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemesWaste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage.	(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of biomass use11, and that the development of the bio-energy sector should respect the proximity principle, to ensure balanced regional development of the industry in which local populations retain control, with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. When developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non-energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12. On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemes. Waste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste.
__________________	__________________
11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal.	11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal.
12 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).	12 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).
13 https://publications.jrc.ec.europa.eu/repository/handle/JRC122719	13 https://publications.jrc.ec.europa.eu/repository/handle/JRC122719

Justification

The discrimination of certain categories of feedstock would complicate the application of the Risk-Based Approach and could require further additional and unnecessary steps for verification. The timeframe for REDII and REDIII is 2030, thus it makes sense to create a stable regulatory landscape for the duration of this period. Therefore, it is more coherent to allow the issuance of new support for electric only installations until 2030. In addition, there should be more protections provided to prevent the negative impacts from the discontinuation of support. These include the BECCS requirements. As BECCS has not yet become a mainstream technology and in order to support its scale up, support should be given to installations which can show a completed technology readiness assessment to prove CCS is possible on site and then if successful, support should be given to those sites that are actively implementing CCS as demonstrated by a pilot project. Finally, there also need to be protections in place to support the security of supply objective, which is necessary for the stability and integrity of the European Energy system even if there is not demand for heating. With an increasing share of intermittent renewable energy entering the market, sustainable biomass, acting as baseload, dispatchable fuel source, can provide important benefits to the grid such as flexibility, balancing, and security of supply. Hence, it will assist the EU in meeting both its climate goals while ensuring grid stability.

Amendment  6

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission	Amendment
	(4a) The role and contribution of carbon capture and storage to the renewable energy market should be fully realised and supported. Carbon in biomass has the potential to be converted into biochar through pyrolysis, which can then be stored by land application, thereby making it a negative emissions technology;

Justification

It is important to look at and acknowledge valuable side streams and by-products from bioenergy production. Via pyrolysis of plant material renewable energy can be produced together with a biochar that can store carbon. IPCC values biochar as an important carbon sink in their 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories.

Amendment  7

Proposal for a directive

Recital 4 b (new)

Text proposed by the Commission	Amendment
	(4b) Agricultural 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

Soil quality and soil organic carbon are central assets for mitigating climate change, and as such, no EU policy, in particular aiming at fighting climate change should lead to a degradation of soils.

Amendment  8

 

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.	(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps, solar panels and wind turbines for space heating or low-temperature industrial processes, electric vehicles for transport, agriculture wherever feasible, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand including by ensuring a more robust power supply to meet the specific demands of rural areas and promoting localized solutions with emerging technologies in the renewable sector which will have the twin benefits of respecting the proximity decentralised principle and enabling more local control of supply. For this, Member States should establish a framework that includes market-based as well as market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications. Considering the challenge presented by the 2030 target of 40% of energy from renewable sources, it should be stressed that all renewable sources and the technologies that use them to produce energy can be developed and exploited, including biomass in the heating and cooling sector and biofuels in transport, in particular advanced biofuels, provided that the limits and criteria set out in this Directive are respected as well as the cascading guidance and the waste-resource hierarchy in Directive 2008/98 of the European Parliament and of the Council1a.
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	1a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives  (OJ L 372, 22.11.2008, p. 3).

Amendment  9

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission	Amendment
	(8a) The installation of renewable energy projects on rural land and on agricultural land in general should be governed by the principles of proportionality, complementarity and compensation. Member States should ensure the orderly deployment of renewable projects in order to avoid the loss of agricultural land, and encourage the development and use of appropriate technologies that render renewable energy production compatible with agricultural and livestock production.

Amendment  10

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time, the market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market. The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing.	(9) The market for renewable power purchase agreements is rapidly growing and provides a complementary route to the market of renewable power generation in addition to support schemes by Member States or to selling directly on the wholesale electricity market. At the same time, the market for renewable power purchase agreements is still limited to a small number of Member States and large companies, with significant administrative, technical and financial barriers remaining in large parts of the Union’s market and in particular for small and medium-sized enterprises operating in various sectors. The existing measures in Article 15 to encourage the uptake of renewable power purchase agreements should therefore be strengthened further, and in certain cases expedited, by exploring the use of credit guarantees to reduce these agreements’ financial risks, taking into account that these guarantees, where public, should not crowd out private financing.

Amendment  11

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(10) Overly complex and excessively long administrative procedures constitute a major barrier for the deployment of renewable energy. On the basis of the measures to improve administrative procedures for renewable energy installations that Member States are to report on by 15 March 2023 in their first integrated national energy and climate progress reports pursuant to Regulation (EU) 2018/1999 of the European Parliament and of the Council15 , the Commission should assess whether the provisions included in this Directive to streamline these procedures have resulted in smooth and proportionate procedures. If that assessment reveals significant scope for improvement, the Commission should take appropriate measures to ensure Member States have streamlined and efficient administrative procedures in place.	(10) Overly complex and excessively long administrative procedures constitute a major barrier for the deployment of renewable energy and generally result in substantial costs, especially for SMEs. On the basis of the measures to improve administrative procedures for renewable energy installations that Member States are to report on by 15 March 2023 in their first integrated national energy and climate progress reports pursuant to Regulation (EU) 2018/1999 of the European Parliament and of the Council15 , the Commission should assess whether the provisions included in this Directive to streamline these procedures have resulted in smooth and proportionate procedures. If that assessment reveals significant scope for improvement, the Commission should take appropriate measures to ensure Member States have streamlined and efficient administrative procedures in place, identifying additional measures to provide support in key sectors such as agriculture, for example.
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15 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).	15 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

Amendment  12

 

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) Buildings have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality. However, progress on the use of renewables for heating and cooling has been stagnant in the last decade, largely relying on increased use of biomass. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, encourage the development of and integration of technologies which produce renewable energy while providing certainty for investors and local level engagement.	(11) Buildings, including agricultural buildings, have a large untapped potential to contribute effectively to the reduction in greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in this sector through an increased share in production and use of renewable energy will be needed to meet the ambition set in the Climate Target Plan to achieve the Union objective of climate neutrality and particularly to increase the rate of progress on the use of renewables for heating and cooling. Without the establishment of targets to increase the production and use of renewable energy in buildings, there will be no ability to track progress and identify bottlenecks in the uptake of renewables. Furthermore, the creation of targets will provide a long-term signal to investors, including for the period immediately after 2030. This will complement obligations related to energy efficiency and the energy performance of buildings. Therefore, indicative targets for the use of renewable energy in buildings should be set to guide and incentivise Member States’ efforts to exploit the potential of using and producing renewable energy in buildings, including agricultural buildings. encourage the development of and integration of technologies which produce affordable renewable energy to combat energy poverty in agricultural and rural areas while providing certainty for investors and local level engagement.

Amendment  13

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission	Amendment
	(12a) Agricultural and horticultural businesses have space and roof area and they produce biomass. These are assets that allow them to play a key role in the energy transition of rural areas and within rural communities, especially given the decentralised production. The sector is a relatively small user of energy and can produce significantly more renewable energy than it needs. This is why the roll-out of energy sharing and energy communities should be further encouraged and supported.

Amendment  14

Proposal for a directive

Recital 12 b (new)

Text proposed by the Commission	Amendment
	(12b) In view of the scope for capture and use of renewable energy on farms and agricultural establishments, Member States should ensure that adequate numbers of specialists are trained in the specificities of renewable heating and cooling installations for farm buildings, including those adapted for use of waste on-farm.

Justification

The full potential for use of renewables on farm should not be missed because of a lack of specialists trained in installing systems on farm buildings.

Amendment  15

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) Infrastructure development for district heating and cooling networks should be stepped up and steered towards harnessing a wider range of renewable heat and cold sources in an efficient and flexible way in order to increase the deployment of renewable energy and deepen energy system integration. It is therefore appropriate to update the list of renewable energy sources that district heating and cooling networks should increasingly accommodate and require the integration of thermal energy storage as a source of flexibility, greater energy efficiency and more cost-effective operation.	(14) Infrastructure development for district heating and cooling networks should be stepped up and steered towards harnessing a wider range of renewable heat and cold sources in an efficient and flexible way in order to increase the deployment of renewable energy and deepen energy system integration. It is therefore appropriate to update the list of renewable energy sources that district heating and cooling networks should increasingly accommodate and require the integration of thermal energy storage as a source of flexibility, greater energy efficiency and more cost-effective operation. The development of energy initiatives in line with the ideals of the circular economy where farmers and landowners would be incentivized to create district heating schemes using farm waste and by-products should be encouraged.

Amendment  16

 

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(15) With more than 30 million electric vehicles expected in the Union by 2030 it is necessary to ensure that they can fully contribute to the system integration of renewable electricity, and thus allow reaching higher shares of renewable electricity in a cost-optimal manner. The potential of electric vehicles to absorb renewable electricity at times when it is abundant and feed it back into a grid when there is scarcity has to be fully utilised. It is therefore appropriate to introduce specific measures on electric vehicles and information about renewable energy and how and when to access it which complement those in Directive (EU) 2014/94 of the European Parliament and of the Council16 and the [proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020].	(15) With more than 30 million electric vehicles expected in the Union by 2030 it is necessary to ensure that, where appropriate, they can fully contribute to the system integration of renewable electricity, and thus allow reaching higher shares of renewable electricity in a cost-optimal manner. The potential of electric vehicles to absorb renewable electricity at times when it is abundant and feed it back into a grid when there is scarcity has to be fully utilised. It is important to support new start-ups by introducing "smart grids" and developing special instruments, to incentivize farmers and rural Co-operatives to enter the market. It is therefore appropriate to introduce specific measures on electric vehicles including those used in agriculture and information about renewable energy and how and when to access it which complement those in Directive (EU) 2014/94 of the European Parliament and of the Council16 and the [proposed Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020]. At the same time more investment in and technological development of agricultural machinery engines used for various purposes will be needed, allowing for a combination of different energy sources, as well as measures and programmes to facilitate access to such machinery, and for renewing agricultural vehicles with regard to energy efficiency. Member States should also review their rules on the classification of agricultural machinery with a view to improved energy efficiency an adaptation to current and available technological developments.
__________________	__________________
16 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)	16 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)

Amendment  17

 

Proposal for a directive

Recital 20

Text proposed by the Commission	Amendment
(20) Recharging points where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, are highly relevant to energy system integration, therefore smart charging functionalities need to be ensured. In this regard, the operation of non-publicly accessible normal charging infrastructure is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons.	(20) Recharging points at strategic locations in both urban and rural areas, where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment, or access to key community, medical or commercial services are highly relevant to energy system integration, therefore smart charging functionalities need to be ensured. Specific initiatives should be taken to increase the number of recharging points in rural and sparsely populated areas, and to ensure adequate distribution in the most remote and mountainous ones, so that the increased use of electric vehicles in the agricultural sector is not hindered by the lack of infrastructure. In this regard, the operation of non-publicly accessible normal charging infrastructure is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking, parking facilities rented out to natural or legal persons, and in rural areas at existing agricultural heritage infrastructures, or parking on-farm or electric agricultural vehicles.

Amendment  18

Proposal for a directive

Recital 21 a (new)

Text proposed by the Commission	Amendment
	(21a) Member States should promote the necessary spatial planning instruments that classify agricultural soils and identify soils of high agricultural value on the basis of their edaphological characteristics. In their policies for the development and promotion of renewable energies, Member States should ensure the purpose of these soils is preserved for agricultural and livestock use.

Amendment  19

 

Proposal for a directive

Recital 22

Text proposed by the Commission	Amendment
(22) Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in industry should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.	(22) Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be acknowledged as a renewable feedstock which can contribute towards the overall target for the use of renewable energy as well as sustainable raw materials for industrial production. It is however important that Member State’s access to renewable energy is taken into consideration and accounted for when setting up such a target. In addition, the target should be technology neutral and enable choosing the best available technological pathway depending on the context. National measures to support the uptake of renewable fuels of non-biological origin in industry should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.

Amendment  20

 

Proposal for a directive

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22a) Whereas the Renewable Fuels of Non-Biological Origins’ target on industry will have a significant impact on the production of ammonia and the derived nitrogenous fertilizers, which currently represent a third of hydrogen use in Union industry. As a consequence, Union food security must be considered. To ensure the latter, there is a need to maintain a geographically diverse fertilizer industry, which includes sites with lower access to renewable energy. Furthermore, while meeting these targets, the possible price increases of products developed with renewable this energy, such as fertilizers, must always be taken into account. Higher targets should not result in higher prices for fertilizers, and thus ultimately in higher production costs for farmers, at least not without additional support.

Amendment  21

Proposal for a directive

Recital 22 b (new)

Text proposed by the Commission	Amendment
	(22b) Since the feedstocks of advanced biofuels listed in Part A of Annex IX also have a material application, special attention should be paid to cascading and waste hierarchy within this list.

Amendment  22

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission	Amendment
	(24a) The agricultural sector has the potential to produce additional renewable electricity. This renewable electricity is produced in a decentralised way, which is an opportunity in the energy transition. In order to put this electricity on the grid, this grid needs to have sufficient capacity. However, in rural areas the grid often ends and therefore has insufficient capacity to accommodate additional electricity. Grid reinforcement in rural areas should be strongly encouraged so that farms can actually fulfil their potential contribution to the energy transition through decentralised electricity production;

Amendment  23

Proposal for a directive

Recital 24 b (new)

Text proposed by the Commission	Amendment
	(24b) Small-scale on-farm energy production installations have an enormous potential to increase the on-farm circularity by transforming the waste and residual streams of the farm, amongst others manure, into heat and electricity. Therefore, all barriers should be removed to encourage farmers to invest in these technologies towards a circular farm, such as pocket digesters. One of these barriers is the valorisation of residues of the process, for instance RENURE, as well as ammonium sulphate, which should be able to be categorised and used as fertilizers.

Amendment  24

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission	Amendment
	(25a)  Given that a large number of households, especially individual homes or small farms in rural areas, rely heavily on wood biomass for heating, a more holistic approach should be adopted to the modification of heating systems. The Commission should make available to Member States a set of measures, including funding, to support vulnerable households and reduce the social impact and development gap in rural areas of the Union. In addition, such measures contribute to ensuring a level playing field for rural farmers.

Amendment  25

Proposal for a directive

Recital 27

Text proposed by the Commission	Amendment
(27) Waste heat and cold are underused despite their wide availability, leading to a waste of resources, lower energy efficiency in national energy systems and higher than necessary energy consumption in the Union. Requirements for closer coordination between district heating and cooling operators, industrial and tertiary sectors, and local authorities could facilitate the dialogue and cooperation necessary to harness cost-effective waste heat and cold potentials via district heating and cooling systems.	(27) Waste heat and cold are underused despite their wide availability, leading to a waste of resources, lower energy efficiency in national energy systems and higher than necessary energy consumption in the Union. Requirements for closer coordination between district heating and cooling operators, industrial and tertiary sectors, and local authorities, including in rural areas, could facilitate the dialogue and cooperation necessary to harness cost-effective waste heat and cold potentials via district heating and cooling systems.

Amendment  26

Proposal for a directive

Recital 29 a (new)

Text proposed by the Commission	Amendment
	(29a) Furthermore, biofuels from agricultural raw materials are a cost-effective tool for reducing emissions in existing and future light and heavy transport, given its current scope and the lifetime of vehicles, so their participation should not be limited only to transport sectors which cannot be electrified. In its Delegated Regulation (EU) 2019/8071a, the Commission confirmed that European biofuels from agricultural raw materials are not drivers of deforestation. Only biofuels from feedstock with a high indirect land-use change risk need to be phased out. The existing limit should therefore be revised in such a way as to give each Member State the necessary flexibility with regard to the increased reduction targets and the use of RES, which will allow Member States to exercise their right to use their own energy resources as laid down in the Treaty. Each Member State should be able to set its own share of biofuels from agricultural raw materials provided that at Union level the share does not exceed 7% of final energy consumption in the transport sector.
	__________________
	1a Commission Delegated Regulation (EU) 2019/807 of 13 March 2019 supplementing Directive (EU) 2018/2001 of the European Parliament and of the Council as regards the determination of high indirect land-use change-risk feedstock for which a significant expansion of the production area into land with high carbon stock is observed and the certification of low indirect land-use change-risk biofuels, bioliquids and biomass fuels (OJ L 133, 21.5.2019, p. 1).

Amendment  27

 

Proposal for a directive

Recital 31

Text proposed by the Commission	Amendment
(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50% greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.	(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated with the production of high indirect land-use change risk biofuels, bioliquids and biomass fuels. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. Sustainable biofuels, bioliquids and biomass fuels that co-generate valuable protein or animal and human consumption, and are deforestation-free, should be a key element in the decarbonisation of transport, within reasonable limits and without negative impacts on the availability of food and feed resources.

Amendment  28

Proposal for a directive

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. At the same time, it is essential to work towards the objective of ensuring sufficient, high quality and affordable food for all European citizens in a bid to achieve the Union's goal of reducing greenhouse gas emissions. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other hand. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50% greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.

Amendment  29

Proposal for a directive

Recital 32

Text proposed by the Commission	Amendment
(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100% emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keep the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.	(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity can have lower emissions compared to electricity produced from fossil fuels if the principles of the circular economy are complied with. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keep the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.

Amendment  30

 

Proposal for a directive

Recital 35

Text proposed by the Commission	Amendment
(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 5 MW.	(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 10 MW.

Amendment  31

 

Proposal for a directive

Recital 36

Text proposed by the Commission	Amendment
(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.	(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced in those Member States where such measure have not yet been introduced, and be implemented with specific measures in all Member States in accordance with Directive 2018/2001, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels. Policies for promoting energy from renewable sources, particularly forest and agricultural biomass, should follow circular economy principles and play a full role in building a sustainable bioeconomy, maximising resource efficiency which keeps the value of bio-based materials, products, and raw materials in the economy for as long as possible by prioritising production of long lived products and reserving use for energy purposes at the end of the lifecycle of these resources.

Amendment  32

 

Proposal for a directive

Recital 37

Text proposed by the Commission	Amendment
(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to reduce the burden on small installations, Member States should establish a simplified verification mechanism for installations of between 5 and 10MW.	(37) In order to reduce the administrative burden for producers of renewable fuels and recycled carbon fuels and for Member States, where voluntary or national schemes have been recognised by the Commission through an implementing act as giving evidence or providing accurate data regarding the compliance with sustainability and greenhouse gas emissions saving criteria as well as other requirements set in this Directive, Member States should accept the results of the certification issued by such schemes within the scope of the Commission’s recognition. In order to avoid disproportionate burden on small or medium installations, or on farmers and local businesses contributing to rural development and forestry and engaged in agricultural residue valorisation, Member States should establish a simplified verification mechanism for installations of between 10 and 15MW.

Amendment  33

Proposal for a directive

Recital 38 a (new)

Text proposed by the Commission	Amendment
	(38a) Adequate anti-fraud provisions must be laid down, in particular in relation to used cooking oil (UCO) given the widespread mixing of palm oil. As the detection and prevention of fraud is essential to prevent unfair competition and rampant deforestation in third countries, full and certified traceability of these raw materials should be implemented.

Amendment  34

Proposal for a directive

Recital 46 a (new)

Text proposed by the Commission	Amendment
	(46a) In implementing this regulation, account should be taken of Article 349 of the Treaty on the Functioning of the European Union (TFEU), which acknowledges the particular vulnerability of the outermost regions arising from their remoteness from mainland regions, insularity, small size, difficult topography and climate and economic dependence on a few products, a combination that severely restrains their development and generates substantial extra costs in many areas, particularly for transport. Efforts being made and targets set at European level for greenhouse gas reduction must be adapted to this difficult situation, balancing environmental objectives against the high social costs for these regions.

Amendment  35

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point a

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 36

Text proposed by the Commission	Amendment
(36) ‘renewable fuels of non-biological origin’ means liquid and gaseous fuels the energy content of which is derived from renewable sources other than biomass;	(36) ‘renewable fuels of non-biological origin’ means liquid and gaseous fuels the energy content of which is derived from renewable sources;

Justification

Considering the Renewable Energy Directive does not promote a distinction between renewable electricity sources, provided that electricity from biomass or biogas is generated respecting the sustainability requirement, its use for the production of RFNBOs should not be restricted.

Amendment  36

Proposal for a directive

Article 1 – paragraph 1 – point 1 – point a a (new)

Directive (EU) 2018/2001

Article 2 – paragraph 2 – point 42

Present text	Amendment
	(aa) point (42) is replaced by the following:
(42) ‘non-food cellulosic material’ means feedstock mainly composed of cellulose and hemicellulose, and having a lower lignin content than ligno-cellulosic material, including 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; cover crops before and after main crops; ley crops; industrial residues, including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted; and material from biowaste, where ley and cover crops are understood to be temporary, short-term sown pastures comprising grass-legume mixture with a low starch content to obtain fodder for livestock and improve soil fertility for obtaining higher yields of arable main crops;	(42) ‘non-food cellulosic material’ means feedstock mainly composed of cellulose and hemicellulose, and having a lower lignin content than ligno-cellulosic material, including 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, silphium, giant cane; cover crops before and after main crops, leycrops; industrial residues, including from food and feed crops after vegetal oils, sugars, starches and protein have been extracted; wild flowering plants and material from biowaste, where wild flowering plant are understood to be perennial polycultures, consisting of at least 15 wild flower-rich plant species of annual, biannual and perennial nature;

Justification

The current definition of non-food cellulosic material is too narrow, as it only fits specific climatic conditions of Continental and Mediterranean Europe. The use of cover crops increases soil health, fertility and carbon sequestration. The definition should be widened to increase flexibility and incentivise the planting of cover crops, including flowering cover crops that are beneficial to pollinators.

Amendment  37

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end, they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.	Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end, they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC.

Justification

No legislation should be introduced on the cascading principle, as this could inhibit important innovations for the optimal use of wood.

Amendment  38

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point a – point i

Text proposed by the Commission	Amendment
(i) the use of saw logs, veneer logs, stumps and roots to produce energy.	deleted

Amendment  39

 

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) From 31 December 2026, and without prejudice to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions:	(b) From 31 December 2026, and without prejudice to the obligations in the first sub-paragraph, Member States may grant support to the production of electricity from forest biomass, on condition that the following three requirements are met:
	i) cogeneration is guaranteed and that this provides for the energy enhancement of at least 50% of the thermal energy generated by the process;
	ii) the biomass used in the plants comes in order of priority from agroforestry plantations with integrated agricultural production, perennial short rotation coppice planted on previously abandoned land, or forest waste from sustainable forest management on a territorial scale;
	iii) the plants have an electrical power not exceeding 10 MW and are equipped with suitable filter systems for fine dust;
	(b a) the conditions referred to in point b) above may be waived if at least one of the following conditions occurs:
(i) it is produced in a region identified in a territorial just transition plan approved by the European Commission, in accordance with Regulation (EU) 2021/… of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels, and meets the relevant requirements set in Article 29(11);	(i) the electricity is produced in a region identified in a territorial just transition plan approved by the European Commission, in accordance with Regulation (EU) 2021/… of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels, and meets the relevant requirements set in Article 29(11);
(ii) it is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29(11), second subparagraph.	(ii) the electricity is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29(11), second subparagraph;
	(ii a) the electricity is produced in an area where there is no commercial demand for heat;
	(ii b) it is produced in a facility which is part of a support scheme that is designed to remove the risk of security of supply or ensure grid stability and meets the relevant requirements set in Article 29(11);

Amendment  40

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities.	deleted

Justification

No legislation should be introduced on cascading use since at worst it can inhibit innovations and optimal use of wood.

Amendment  41

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001

Article 3 – paragraph 3 – subparagraph 4

Text proposed by the Commission	Amendment
By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity and possible market distortions, and will assess the possibility for further limitations regarding support schemes to forest biomass.;	By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity and possible market distortions.

Justification

Re-evaluations of the regulation increase uncertainty within the energy sector and increase investment risks while slowing down the promotion of renewable energy.

Amendment  42

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point b a (new)

Directive (EU) 2018/2001

Article 3 – paragraph 3a

Text proposed by the Commission	Amendment
	(ba) Paragraph 3a is inserted:
	(3a)  Member States shall ensure that their national policies, including the obligations deriving from Articles 25 to 28 of this Directive, and their support schemes, are designed with due regard to the principles of the circular economy and consistent with the Circular Economy Action Plan.

Amendment  43

Proposal for a directive

Article 1 – paragraph 1 – point 2 – point c

Directive (EU) 2018/2001

Article 3 – paragraph 4a

Text proposed by the Commission	Amendment
4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.;	4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures for instance for on-farm medium-sized wind turbines, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.;

Amendment  44

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Directive (EU) 2018/2001

Article 4 – paragraph 4 – subparagraph 1

Present Text	Amendment
	(2a) Article 4, paragraph 4 is amended as follows:
4. Member States shall ensure that support for electricity from renewable sources is granted in an open, transparent, competitive, non-discriminatory and cost-effective manner.	4. Member States shall ensure that support for electricity from renewable sources is granted in an open, transparent, competitive, non-discriminatory and cost-effective manner, also ensuring adequate support for rural areas and remote regions.

Amendment  45

Proposal for a directive

Article 1 – paragraph 1 – point 2 b (new)

Directive (EU) 2018/2001

Article 4 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	(2b) In Article 4, the following paragraph is inserted:
	4a. Member States shall ensure that no support is granted to solar panels on arable land currently in use for crop production, except when the agricultural production on this land can be fully maintained.

Justification

Solar panels on roofs are preferable instead of on land that is currently used as arable land.

Amendment  46

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15 a – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. In new agricultural buildings or refurbishment of existing agricultural buildings, Member States shall in particular, incentivise the use of the above renewable energies and cleaner fuel options or greater energy efficiency, in order to increase the share of renewables in energy use in rural and agricultural communities, and the European Commission shall identify sources of funding to enable the Member States to to do this, to support the balanced development of rural and agricultural areas.

Amendment  47

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15 a – paragraph 4

Text proposed by the Commission	Amendment
4. In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26 , energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy.;	4. In order to achieve the indicative share of renewable energy set out in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment. To that end, Member States shall use all appropriate measures, tools and incentives, including, among others, energy labels developed under Regulation (EU) 2017/1369 of the European Parliament and of the Council26, energy performance certificates pursuant to Directive 2010/31/EU, or other appropriate certificates or standards developed at national or Union level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy. Member States shall provide targeted additional support measures and information for those at risk of energy poverty, particularly in rural communities to enable their participation in the energy transition;
__________________	__________________
26 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).	26 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).

Amendment  48

 

Proposal for a directive

Article 1 – paragraph 1 – point 6

Directive (EU) 2018/2001

Article 15 a – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. In order to increase the use of renewable energy in the agricultural sector, the support for small-scale on-farm energy production should be increased; investments in installations that can produce renewable heat and electricity from residual streams and animal waste should be encouraged while respecting the cascading guidance and the waste-resource hierarchy in Dir.2008/98, thereby enabling more farms to be practically engaged in the the circular economy.

Amendment  49

Proposal for a directive

Article 1 – paragraph 1 – point 6 a – (new)

Directive (EU) 2018/2001

Article 18 – paragraph 1

Present text	Amendment
	(6a)  In Article 18, paragraph 1 is replaced by the following:
1. Member States shall ensure that information on support measures is made available to all relevant actors, such as consumers including low-income, vulnerable consumers, renewables self-consumers, renewable energy communities, builders, installers, architects, suppliers of heating, cooling and electricity equipment and systems, and suppliers of vehicles compatible with the use of renewable energy and of intelligent transport systems.	1. Member States shall ensure that information on support measures is made available to all relevant actors, such as consumers, including low-income, vulnerable consumers including from rural, remote areas, renewables self-consumers and renewable energy communities, builders, installers, architects, and suppliers of heating, cooling and electricity equipment and systems and suppliers of vehicles compatible with the use of renewable energy and of intelligent transport systems.

Amendment  50

Proposal for a directive

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

Directive (EU) 2018/2001

Article 18 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	(a) In Article 18, the following paragraph is inserted:
	4a. Member States shall, in particular, ensure that rural and remote areas have access to sufficient numbers of installers trained in the specificities of renewable energy and heating and cooling technologies which can be placed in or on agricultural buildings, thereby offering the potential to make an important contribution to shifting the energy mix in remote and rural areas towards use of renewables

Justification

Agricultural buildings vary in scale and many have a significant roof area suitable for photo-voltaic panels. On-farm processes may produce heat or cold which, with appropriate technology, can be used to reduce use of energy from the grid. Sufficient trained specialist are needed to ensure this potential can be realised.

Amendment  51

 

Proposal for a directive

Article 1 – paragraph 1 – point 9 a (new)

Directive (EU) 2018/2001

Article 20 – paragraph 3 a and 3 b (new)

Text proposed by the Commission	Amendment
	(9a) In Article 20, the following paragraphs are inserted:
	3a. Member States shall strengthen the electricity grid in rural areas so that the capacity will allow for delivering energy generated by agricultural operators to the grid at all times and encourage farms to fulfil their potential contribution to the energy transition through decentralised electricity production;
	3b. 'Member States shall ensure that the national regulatory framework allows for direct energy deliveries between agricultural suppliers and final users in a region.'

Amendment  52

Proposal for a directive

Article 1 – paragraph 1 – point 10 a (new)

Directive (EU) 2018/2001

Article 21 – paragraph 2 – point a – introductory part

Present text	Amendment
	(10a) In Article 21, paragraph 2, point (a), introductory part is replaced by the following:
(a) to generate renewable energy, including for their own consumption, store and sell their excess production of renewable electricity, including through renewables power purchase agreements, electricity suppliers and peer-to-peer trading arrangements, without being subject:	(a) to generate renewable energy, including for their own consumption, store and sell all their excess production of renewable electricity at market price, including through renewables power purchase agreements, electricity suppliers and peer-to-peer trading arrangements, without being subject:

Justification

Fair pricing and the possibility of selling all excess energy is particularly important for people living in remote regions and rural areas.

Amendment  53

 

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2018/2001

Article 22 a – paragraph 1 – subparagraph 3

Text proposed by the Commission	Amendment
Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be 50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030. For the calculation of that percentage, the following rules shall apply:	Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be 20 % of the hydrogen used for final energy and non-energy purposes in industry by 2030.
	Such target shall be set at the Union level. When setting Member State’s level of contribution to the target, the access to renewable in said Member States should be taken into consideration and accounted for.
	Supporting measures should be put in place to ensure that industry in Member States with lower access to renewable energy are not put at a competitive disadvantage via this target. Measures should also be taken to ensure food security and a geographically diverse industry.
	This would include ensuring that downstream products, linked to this target remain affordable for downstream users, such as farmers. This shall include aid, including operating aid, to farmers as well as aid to energy-intensive undertakings.
	For the calculation of that percentage, the following rules shall apply:

Amendment  54

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point b

Directive (EU) 2018/2001

Article 23 – paragraph 1 a

Text proposed by the Commission	Amendment
1a. Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including, where appropriate, an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects. The assessment shall set out milestones and measures to in increase renewables in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling with a view of establishing a long-term national strategy to decarbonise heating and cooling. The assessment shall be part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.;	1a. Member States shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including, where appropriate, an analysis of areas suitable for their deployment at low ecological risk, of the potential for small-scale household projects and of the potential for projects directed at low-income households and persons at risk of energy poverty. The assessment shall set out milestones and measures to in increase renewables in heating and cooling and, where appropriate, the use of waste heat and cold through district heating and cooling with a view of establishing a long-term national strategy to decarbonise heating and cooling. The assessment shall be part of the integrated national energy and climate plans referred to in Articles 3 and 14 of Regulation (EU) 2018/1999, and shall accompany the comprehensive heating and cooling assessment required by Article 14(1) of Directive 2012/27/EU.;

Amendment  55

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – subparagraph 1 – point d

Text proposed by the Commission	Amendment
(d) capacity building for national and local authorities to plan and implement renewable projects and infrastructures;	(d) capacity building for national and local authorities to plan and implement renewable projects and infrastructures, particularly projects that have the potential to tackle energy poverty and increase the participation of low-income households in the energy transition;

Amendment  56

Proposal for a directive

Article 1 – paragraph 1 – point 12 – point d

Directive (EU) 2018/2001

Article 23 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, who would not otherwise possess sufficient up-front capital to benefit.;	When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, with specific, targeted provisions, supports and programmes to make these measures accessible to those in low-income or vulnerable households, especially in rural areas, who would not otherwise benefit from such measures, due to a lack of sufficient up-front capital and to non-financial barriers.;

Amendment  57

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030, compared to the baseline set out in Article 27(1), point (b), in accordance with an indicative trajectory set by the Member State;	(a) the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 16 % by 2030, compared to the baseline set out in Article 27(1), point (b), in accordance with an indicative trajectory set by the Member State;
	Member States shall require suppliers, for this reduction, to comply with the following intermediate targets:
	· 6 % by 31 December 2021,
	· 9% by 31 December 2024,
	· 10 % by 31 December 2025,
	· 11 % by December 2026
	· 12 % by December 2027,
	· 13,5 % by December 2028,
	· 15 % by December 2029,
	· 16 % by December 2030.

Justification

The current RED II target for renewable energy in transport was insufficient to achieve the decarbonisation objectives set out in the European Green Deal and the 2030 Climate Law. Including in the RED an obligation to decrease the carbon intensity of transport fuels is a sensible move forward. However, the suggested obligation on suppliers to decrease the GHG intensity of fuels at least 13% by 2030 is still low and should be raised to 16%. To ensure Member States’ continuous decarbonisation efforts, such obligation should be gradually increased, starting from 6% in 2021 and 16% by 2030.

Amendment  58

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – point b – subparagraph 1

Text proposed by the Commission	Amendment
(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 0,5 % in 2025 and 2,2 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030.	(b) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX in the energy supplied to the transport sector is at least 0,2 % in 2022, 1 % in 2025 and 2,6 % in 2030, and the share of renewable fuels of non-biological origin is at least 2,6 % in 2030. Member States may exempt, or distinguish between, different fuel suppliers and different energy carriers when setting the obligation on the fuel suppliers, ensuring that the varying degrees of maturity and the cost of different technologies are taken into account.

Amendment  59

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2018/2001

Article 25 – paragraph 1 – point b – subparagraph 3

Text proposed by the Commission	Amendment
When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels.	When setting the obligation on fuel suppliers, Member States may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX with respect to those fuels. When setting the obligation referred to in points (a) and (b) of the first subparagraph to ensure the achievement of the targets set out therein, Member States may do so, inter alia, by means of measures targeting volumes, energy content or greenhouse gas emissions, provided that it is demonstrated that the greenhouse gas intensity reduction and minimum shares referred to in points (a) and (b) of the first subparagraph are achieved.

Amendment  60

 

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point i

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.;	For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2019 in that Member State, with a maximum of 7 % of final consumption of energy in the transport sector in that Member State.

Justification

Justification for the above change is that 2020 was an atypical year due to the COVID-19 pandemic, so the reference year should be 2019, in order to allow the biofuels and bioliquids that were produced from food and feed crops to make their contribution to the overall target of renewable energy. Note - this makes one change to the text of sub-para 1, making the reference year 2019 (higher consumption than 2020 in COM text) but other parts are unchanged

Amendment  61

 

Proposal for a directive

Article 1 – paragraph 1 – point 15 – point a – point ii

Directive (EU) 2018/2001

Article 26 – paragraph 1 – subparagraph 4

Text proposed by the Commission	Amendment
(ii) the fourth subparagraph is replaced by the following:	deleted
Where the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, produced from food and feed crops in a Member State is limited to a share lower than 7 % or a Member State decides to limit the share further, that Member State may reduce the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), accordingly, in view of the contribution these fuels would have made in terms of greenhouse gas emissions saving. For that purpose, Member States shall consider those fuels save 50 % greenhouse gas emissions.;

Amendment  62

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point b

Directive (EU) 2018/2001

Article 27 – paragraph 1 – subparagraph 1 – point a – point iii

Text proposed by the Commission	Amendment
(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ECF(e) set out in in Annex V;	(iii) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator EF(t) set out in in Annex V;

Justification

The GHG intensity reduction equation in the Commission proposal grants a disproportionately high GHG saving for renewable electricity in transport: ECF(e) refers to 183 gCO2/MJ which leads to a -195% GHG saving for renewable electricity, and which compares renewable electricity in transport to power generation by fossil fuels, not to use of gasoline or diesel in transport. Renewable electricity should be subject to a GHG saving referring to the same fossil fuel comparator as other renewable energies, i.e. EF(t) which is 94 gCO2/MJ, noting that this also leads to a very high GHG saving value for renewable electricity.

Amendment  63

Proposal for a directive

Article 1 – paragraph 1 – point 16 – point c

Directive (EU) 2018/2001

Article 27 – paragraph 1a – point c a (new)

Text proposed by the Commission	Amendment
	(ca) the shares of biofuels and biogas for transport produced from grape marcs and wine lees may be considered to be twice its energy content during a 6-years transitional period starting from the entry into force of this Directive.

Amendment  64

Proposal for a directive

Article 1 – paragraph 1 – point 17 – point b a (new)

Directive (EU) 2018/2001

Article 28 – paragraph 6 – subparagraph 4 (new)

Text proposed by the Commission	Amendment
	(ba) The following subparagraph is added:
	Any addition to the list of feedstocks set out in Part A of Annex IX shall be accompanied by an increase of the targets set out in point b) of Article 25 (1), corresponding to the sustainable potential of these feedstock.

Justification

The inclusion of additional feedstocks on the Annex IX a list requires a corresponding increase in the targets for advanced biofuels. Additional feedstocks may jeopardize existing investments, as they increase the supply side and thus massively influence pricing. It is therefore necessary to adjust the demand side as well by increasing the sub-quota for advanced biofuels by the share corresponding to the sustainable potential of the newly included feedstocks.

Amendment  65

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point i a (new)

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 1 – point c

Present text	Amendment
	(ia) in the first subparagraph ofparagraph (1), point (c) is replaced by the following :
(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

Adds precision by specifying that financial support includes fiscal incentives

Amendment  66

 

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point ii

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 4 – point a

Text proposed by the Commission	Amendment
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 5 MW,	— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 10MW,

Amendment  67

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point a – point iii a (new)

Directive (EU) 2018/2001

Article 29 – paragraph 1 – subparagraph 2

Present text	Amendment
	(iii a) (i b) the second subparagraph of paragraph (1), is amended as follows:
However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.	However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. However, their production shall be in line with the resource/waste hierarchy as laid down in Directive 2008/98/EC and shall avoid significant distortive effects on markets for by-products, wastes or residues. In the case of the use of mixed wastes, however, the operators are required to apply mixed waste sorting systems of defined quality aimed at removing fossil materials such as plastics and synthetic textiles to ensure only non-recyclable biogenic waste is used as feedstock. This subparagraph 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

Add specifications for optimal resource use referencing the resource-waste hierarchy in Dir. 2008/98 EC

Amendment  68

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point b

Directive (EU) 2018/2001

Article 29 – paragraph 3

Text proposed by the Commission	Amendment
(b) in paragraph 3, the following subparagraph is inserted after the first subparagraph:	deleted
This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forest biomass.;

Justification

It is premature to revise the existing sustainability criteria for forest biomass in the Renewable Energy Directive as the implementation of the current criteria, adopted in 2018, has started recently and only in some countries. It is crucial to maintain a stable approach to bioenergy. Moreover, local conditions for biodiversity vary across the EU and cannot be effectively addressed by generalized rules in EU energy legislation. Possible concerns on health and biodiversity in EU forests are already addressed by the forest harvesting criteria in Article 29 (6).

Amendment  69

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point c

Directive (EU) 2018/2001

Article 29 – paragraph 4 – subparagraph 2a

Text proposed by the Commission	Amendment
The first subparagraph, with the exception of points (b) and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass.;	The first subparagraph, with the exception of points (b) and (c), and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass from a country which does not meet the criteria set out in paragraph 6 and that was grown or harvested specifically for energy purposes;

Amendment  70

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point d

Directive (EU) 2018/2001

Article 29 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 shall not be made from raw material obtained in a country that is not Party to the Paris Agreement.

Justification

Mirroring the provision for forest biomass, feedstock for biofuels should not be made from countries that are not Party to the Paris Agreement.

Amendment  71

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e – introductory part

Directive (EU) 2018/2001

Article 29 – paragraph 6 – point a

Text proposed by the Commission	Amendment
(e) in paragraph 6, first subparagraph, point (a), point (iv) is replaced by the following:	(e) in paragraph 6, first subparagraph, point (a), point (iii) and point (iv) are replaced by the following:

Amendment  72

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e

Directive (EU) 2018/2001

Article 29 – paragraph 6 – point a – point iii

Present text	Amendment
(iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands and peatlands, are protected;	(iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including land that had one of the following statuses in or after January 2008 whether or not the land continues to have that status:
	- primary forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;
	- wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;
	- peatland;
	unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes, does not involve drainage of previously undrained soil, or that evidence is provided that the harvesting of raw material is necessary to preserve its status as high-biodiversity value;

Justification

Too detailed legislation increases the risk to be quickly outdated and does not sufficiently take into account the national specific circumstances and legislative frameworks/structures. An exemplary list is more suitable to take into account national conditions and specific characteristics related to forest management and does not unnecessarily limit options that achieve the same result.

Amendment  73

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point e

Directive (EU) 2018/2001

Article 29 – paragraph 6 – point a – point iv

Text proposed by the Commission	Amendment
(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;	(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts and uses locally appropriate sustainable forestry management practices;

Justification

Too detailed legislation increases the risk to be quickly outdated and does not sufficiently take into account the national specific circumstances and legislative frameworks/structures. An exemplary list is more suitable to take into account national conditions and specific characteristics related to forest management and does not unnecessarily limit options that achieve the same result.

Amendment  74

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f – introductory part

Directive (EU) 2018/2001

Article 29 – paragraph 6 – point b

Text proposed by the Commission	Amendment
(f) in paragraph 6, first subparagraph, point (b), point (iv) is replaced by the following:	(f) in paragraph 6, first subparagraph, point (a), point (iii) and point (iv) are replaced by the following:

Amendment  75

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f

Directive (EU) 2018/2001

Article 29 – paragraph 6 – point b – point iii (new)

Present Text	Amendment
(iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands and peatlands, are protected;	(iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including land that had one of the following statuses in or after January 2008 whether or not the land continues to have that status:-primary forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed;
	- wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year;
	- peatland;
	unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes, does not involve drainage of previously undrained soil, or that evidence is provided that the harvesting of raw material is necessary to preserve its status as high-biodiversity value;

Amendment  76

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f

Directive (EU) 2018/2001

Article 29 – paragraph 6 – point b – point iv

Text proposed by the Commission	Amendment
(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;	(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, using of locally appropriate sustainable forest management practices based on principles agreed in Forest Europe and FAO,

Justification

The examplatory listing of this criteria is not necessary, as sustainably practises are set in national forestry legislations. Too detailed legislation increases the risk for quickly outdated legislation and takes very little into account the national specific circumstances and legislative frameworks/structures. Energy legislation is not the right place to create specific requirements relating to the content of forest legislation in Member States or third countries.

Amendment  77

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point f a (new)

Directive (EU) 2018/2001

Article 29 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
	(fa) The following paragraph 6a is inserted:
	6a. The Commission shall implement, at the latest by 2025, the legal framework for applying Union health, environmental and waste standards, including processes and production methods, to imported renewable fuels, and identify concrete initiatives to ensure better consistency in their application, in conformity with WTO rules.

Justification

All sustainable renewable low carbon fuels should be able to contribute towards EU’s climate and renewable objectives under stricter sustainability criteria, including European standards for agricultural production, GMO policy, waste prevention and management standards, and strict traceability requirements.

Amendment  78

Proposal for a directive

Article 1 – paragraph 1 – point 18 – point g

Directive (EU) 2018/2001

Article 29 – paragraph 10 – point d

Text proposed by the Commission	Amendment
(d) at least 70 % for electricity, heating and cooling production from biomass fuels used in installations until 31 December 2025, and at least 80 % from 1 January 2026.;	(d) at least 70 % for electricity, heating and cooling production from biomass fuels used in installations starting operation from 1 January 2021 until 31 December 2025, and at least 80 %for installations starting operation from 1 January 2026.’; This would be particularly relevant to promote the ensure a smooth promotion of renewable energy in remote and rural areas as it will leave farmers and local actors the time to modernise their on-site and nearby energy production.

Amendment  79

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point b

Directive (EU) 2018/2001

Article 30 – paragraph 3 – subparagraph 1

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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that information.	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 laid down in Articles 29(2) to (7) and (10) and 29a(1) and (2), and that economic operators make available to the relevant Member State, upon request, the data used to develop that 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. In order to comply with point (a), (b) and (d) of Article 29(3), point (a) of Article 29(4), Article 29(5), point (a) of Article 29(6) and point (a) of Article 29(7), the first or second party auditing may be used up to the first gathering point of the forest biomass. 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. It shall evaluate the frequency and methodology of sampling and the robustness of the data.

Justification

The missing part of this paragraph should reintroduced (see. RED II Article 30(3)(1)). The exemption rule on the first/second party auditing of forest biomass should be extended to the auditing of the new criteria (“the no-go areas”).

Amendment  80

 

Proposal for a directive

Article 1 – paragraph 1 – point 20 – point d

Directive (EU) 2018/2001

Article 30 – paragraph 6 – subparagraph 3 a (new)

Text proposed by the Commission	Amendment
For installations producing electricity heating and cooling with a total rated thermal input between 5 and 10 MW, Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.;	For installations producing electricity heating and cooling with a total rated thermal input between 10 and 15 MW, in Member States shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of Article 29.’;

Amendment  81

Proposal for a directive

Article 1 – paragraph 1 – point 21

Directive (EU) 2018/2001

Article 31 – paragraphs 2, 3 and 4

Text proposed by the Commission	Amendment
(21) in Article 31, paragraphs 2, 3 and 4 are deleted:	deleted

Justification

The elimination of the possibility to calculate GHG reductions on a NUTS II level, leaving as the sole option actual calculations on a farm basis, unduly privileges big farm structures over the overwhelming European pattern of small and medium–size farms, placing an additional and disproportionate administrative burden on farmers.

Amendment  82

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31a – paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels.	1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels, including the tracing of the feedstocks listed in Annex IX used in their production, and recycled carbon fuels.

Justification

Adequate anti-fraud provisions must be foreseen, in particular on the UCO category with the widespread mixing of palm oil. Detection and deterrence of fraud is essential to prevent unfair competition and rampant deforestation in third countries, therefore a full and certified traceability should be enforced.

Amendment  83

Proposal for a directive

Article 1 – paragraph 1 – point 22

Directive (EU) 2018/2001

Article 31a – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union. Information on whether support has been provided for the production of a specific consignment of fuel, and if so, on the type of support scheme, shall also be included in the database.	2. Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union.

Justification

It is essential to keep the administrative burden proportional to the benefits of the database. T current proposal is not in line with the proportionality principle to require constant updates along every part of the supply chain as soon as there is a change.

Amendment  84

Proposal for a directive

Annex I – paragraph 1 – point 5 – point a

Directive (EU) 2018/2001

Annex V – part C – point 6

Text proposed by the Commission	Amendment
6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use37 .;	6. For the purposes of the calculation referred to in point 1(a), greenhouse gas emissions savings from improved agriculture management, esca, such as shifting to reduced or zero-tillage, storing carbon in soil with biochar, improved crop/rotation, the use of cover crops, including crop residue management, and the use of organic soil improver (e.g. compost, manure fermentation digestate), shall be taken into account only if they do not risk to negatively affect biodiversity. Carbon in biomasses can be converted into biochar through pyrolysis, which can be stored by land application, thereby making it a negative emissions technology. Here, the bonus for the improved agricultural and manure management is returned to the farmer responsible for the negative emissions when sustainability/environmental certificates are issued.
	Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while taking into account the emissions where such practices lead to increased fertiliser and herbicide use37 .;
__________________	__________________
37 Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.	37 Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.

Justification

It is important to look at and acknowledge valuable side streams and by-products from bioenergy production. The bonus for the negative emissions should go the stakeholder responsible for the improved management. It seems only fair that reductions from agricultural actions are also awarded in the agricultural sector.

Amendment  85

Proposal for a directive

Annex I – paragraph 1 – point 5 – point c

Directive (EU) 2018/2001

Annex V – part C – point 18

Text proposed by the Commission	Amendment
18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;	18. For the purposes of the calculations referred to in point 17, the emissions to be divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take place up to and including the process step at which a co-product is produced. In the case of eccr CO2 from fermentation that is captured and re-used for replacing fossil-based CO2 shall be considered an emission saving that is entirely allocated to the biofuel or bioliquid resulting from fermentation. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. In the case of biogas and biomethane, all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. No emissions shall be allocated to wastes and residues. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;

Amendment  86

Proposal for a directive

Annex I – paragraph 1 – point 6 – point c

Directive (EU) 2018/2001

Annex VI – part B – point 18 – subparagraph 3

Text proposed by the Commission	Amendment
Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. Residues that are not included in Annex IX and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction, harvesting or cultivation of raw materials, eec as their closest substitute in the food and feed market that is included in the table in part D of Annex V.	Wastes and residues including all wastes and residues included in Annex IX shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product.

Amendment  87

Proposal for a directive

Annex I – paragraph 1 – point 8 – point a a (new)Directive (EU) 2018/2001

Annex IX – part A

Text proposed by the Commission	Amendment
	(a a) In part A, the following point (r) in inserted:
	(r) Intermediate and cover crops.

Justification

Annex IX should be reviewed to integrate cover and intermediate crops that demonstrably provide additional resources to the production of biofuels, amongst other environmental benefits.

 

 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title	Amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652
References	COM(2021)0557 – C9-0329/2021 – 2021/0218(COD)
Committee responsible  Date announced in plenary	ITRE 13.9.2021
Opinion by  Date announced in plenary	AGRI 11.11.2021
Rapporteur for the opinion  Date appointed	Pina Picierno 9.9.2021
Discussed in committee	9.11.2021	25.1.2022
Date adopted	20.4.2022
Result of final vote	+: –: 0:	35 9 4
Members present for the final vote	Mazaly Aguilar, Clara Aguilera, Atidzhe Alieva-Veli, Álvaro Amaro, Carmen Avram, Adrian-Dragoş Benea, Benoît Biteau, Mara Bizzotto, Daniel Buda, Isabel Carvalhais, Asger Christensen, Angelo Ciocca, Ivan David, Paolo De Castro, Jérémy Decerle, Salvatore De Meo, Herbert Dorfmann, Luke Ming Flanagan, Dino Giarrusso, Francisco Guerreiro, Martin Häusling, Martin Hlaváček, Krzysztof Jurgiel, Jarosław Kalinowski, Elsi Katainen, Camilla Laureti, Gilles Lebreton, Julie Lechanteux, Norbert Lins, Chris MacManus, Colm Markey, Marlene Mortler, Ulrike Müller, Maria Noichl, Juozas Olekas, Eugenia Rodríguez Palop, Bronis Ropė, Bert-Jan Ruissen, Anne Sander, Petri Sarvamaa, Simone Schmiedtbauer, Annie Schreijer-Pierik, Marc Tarabella, Veronika Vrecionová, Sarah Wiener, Juan Ignacio Zoido Álvarez
Substitutes present for the final vote	Cristina Maestre Martín De Almagro, Alin Mituța

 

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

35	+
ID	Mara Bizzotto, Angelo Ciocca, Ivan David, Gilles Lebreton, Julie Lechanteux
NI	Dino Giarrusso
PPE	Álvaro Amaro, Daniel Buda, Salvatore De Meo, Herbert Dorfmann, Jarosław Kalinowski, Norbert Lins, Colm Markey, Marlene Mortler, Anne Sander, Petri Sarvamaa, Simone Schmiedtbauer, Annie Schreijer-Pierik, Juan Ignacio Zoido Álvarez
Renew	Atidzhe Alieva-Veli, Asger Christensen, Jérémy Decerle, Martin Hlaváček, Elsi Katainen, Alin Mituța, Ulrike Müller
S&D	Clara Aguilera, Carmen Avram, Adrian-Dragoş Benea, Isabel Carvalhais, Paolo De Castro, Camilla Laureti, Cristina Maestre Martín De Almagro, Juozas Olekas, Marc Tarabella

 

9	-
S&D	Maria Noichl
The Left	Luke Ming Flanagan, Chris MacManus, Eugenia Rodríguez Palop
Verts/ALE	Benoît Biteau, Francisco Guerreiro, Martin Häusling, Bronis Ropė, Sarah Wiener

 

4	0
ECR	Mazaly Aguilar, Krzysztof Jurgiel, Bert-Jan Ruissen, Veronika Vrecionová

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652
References	COM(2021)0557 – C9-0329/2021 – 2021/0218(COD)
Date submitted to Parliament	15.7.2021
Committee responsible  Date announced in plenary	ITRE 13.9.2021
Committees asked for opinions  Date announced in plenary	DEVE 11.11.2021	ENVI 13.9.2021	IMCO 13.9.2021	TRAN 13.9.2021
	REGI 13.9.2021	AGRI 11.11.2021	PETI 11.11.2021
Not delivering opinions  Date of decision	IMCO 1.9.2021	PETI 15.6.2022
Associated committees  Date announced in plenary	ENVI 11.11.2021
Rapporteurs  Date appointed	Markus Pieper 17.9.2021
Discussed in committee	3.3.2022	20.4.2022
Date adopted	13.7.2022
Result of final vote	+: –: 0:	54 14 6
Members present for the final vote	Matteo Adinolfi, Nicola Beer, François-Xavier Bellamy, Hildegard Bentele, Tom Berendsen, Paolo Borchia, Marc Botenga, Markus Buchheit, Cristian-Silviu Buşoi, Jerzy Buzek, Ignazio Corrao, Ciarán Cuffe, Nicola Danti, Pilar del Castillo Vera, Christian Ehler, Niels Fuglsang, Lina Gálvez Muñoz, Claudia Gamon, Jens Geier, Nicolás González Casares, Christophe Grudler, Henrike Hahn, Ivo Hristov, Ivars Ijabs, Romana Jerković, Eva Kaili, Seán Kelly, Łukasz Kohut, Zdzisław Krasnodębski, Andrius Kubilius, Marisa Matias, Iskra Mihaylova, Dan Nica, Angelika Niebler, Niklas Nienaß, Ville Niinistö, Mauri Pekkarinen, Tsvetelina Penkova, Morten Petersen, Markus Pieper, Sira Rego, Robert Roos, Sara Skyttedal, Maria Spyraki, Riho Terras, Grzegorz Tobiszowski, Patrizia Toia, Marie Toussaint, Isabella Tovaglieri, Henna Virkkunen, Pernille Weiss, Carlos Zorrinho
Substitutes present for the final vote	Andrus Ansip, Pascal Arimont, Tiziana Beghin, Franc Bogovič, Gheorghe Falcă, Andreas Glück, Klemen Grošelj, Elżbieta Kruk, Adriana Maldonado López, Sandra Pereira, Bronis Ropė, Ernő Schaller-Baross, Jordi Solé, Marion Walsmann
Substitutes under Rule 209(7) present for the final vote	Biljana Borzan, Rosanna Conte, Erik Marquardt, Liudas Mažylis, Matjaž Nemec, Antonio Maria Rinaldi, Christel Schaldemose, Alexandr Vondra
Date tabled	18.7.2022

 

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

54	+
NI	Tiziana Beghin
PPE	Pascal Arimont, Hildegard Bentele, Tom Berendsen, Franc Bogovič, Cristian-Silviu Buşoi, Jerzy Buzek, Pilar del Castillo Vera, Christian Ehler, Gheorghe Falcă, Seán Kelly, Andrius Kubilius, Liudas Mažylis, Angelika Niebler, Markus Pieper, Sara Skyttedal, Maria Spyraki, Riho Terras, Henna Virkkunen, Marion Walsmann, Pernille Weiss
RENEW	Andrus Ansip, Nicola Danti, Claudia Gamon, Klemen Grošelj, Christophe Grudler, Ivars Ijabs, Iskra Mihaylova, Mauri Pekkarinen, Morten Petersen
S&D	Biljana Borzan, Niels Fuglsang, Lina Gálvez Muñoz, Jens Geier, Nicolás González Casares, Ivo Hristov, Romana Jerković, Eva Kaili, Adriana Maldonado López, Matjaž Nemec, Dan Nica, Tsvetelina Penkova, Christel Schaldemose, Patrizia Toia, Carlos Zorrinho
VERTS/ALE	Ignazio Corrao, Ciarán Cuffe, Henrike Hahn, Erik Marquardt, Niklas Nienaß, Ville Niinistö, Bronis Ropė, Jordi Solé, Marie Toussaint

 

14	-
ECR	Zdzisław Krasnodębski, Elżbieta Kruk, Robert Roos, Grzegorz Tobiszowski, Alexandr Vondra
ID	Markus Buchheit
NI	Ernő Schaller-Baross
RENEW	Nicola Beer, Andreas Glück
S&D	Łukasz Kohut
THE LEFT	Marc Botenga, Marisa Matias, Sandra Pereira, Sira Rego

 

6	0
ID	Matteo Adinolfi, Paolo Borchia, Rosanna Conte, Antonio Maria Rinaldi, Isabella Tovaglieri
PPE	François-Xavier Bellamy

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

• [1] OJ C 152, 6.4.2022, p. 127.
• [2] Not yet published in the Official Journal.
• [*] Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.
• [3] OJ C , , p. .
• [4] OJ C , , p. .
• [5] Communication from the Commission COM(2019) 640 final of 11.12.2019, The European Green Deal.
• [6]  https://ec.europa.eu/eurostat/web/products-eurostat-news/-/ddn-20220119-1
• [7]  Commission Recommendation (EU) 2020/1563 of 14 October 2020 on energy poverty.
• [8] Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209
• [9] Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people
• [10] The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal.
• [11] 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).
• [12]  https://publications.jrc.ec.europa.eu/repository/handle/JRC122719
• [13] Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).
   
• [14]  European Commission, Joint Research Centre (2020), Arnulf Jäger-Waldau: "The Untapped Area Potential for Photovoltaic Power in the European Union".
• [15] Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1)
   
• [16]  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation (OJ L 119, 4.5.2016, p. 1.).
• [17] Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
• [18] OJ C 369, 17.12.2011, p. 14.
• [19] Judgment of the Court of Justice of 8 July 2019, Commission v Belgium, C-543/17, ECLI: EU: C:2019:573.
• [20] Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).
• [21] Directive Regulation (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).
• [22] COM(2020) 798 final
• [23] the proposal for a Commission Regulation ‘concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020 (xxxx).
• [24] Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).’;
   
• [25]  Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).
• [26] Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
• [27] The numbering of these CN codes as specified in the Common Customs Tariff, Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256 7.9.1987, p. 1).
• [28] Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1).
• [29] Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188, 18.7.2009, p. 1);
• [30] The numbering of these CN codes as specified in the Common Customs Tariff, Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256 7.9.1987, p. 1).
• [31] Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (OJ L 354, 28.12.2013, p.90).
• [32] Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5.02.2013 on the approval and market surveillance of agricultural and forestry vehicles, (OJ L 060 of 2.3.2013, p. 1).
• [33] Regulation (EU) 2016/1628 of the European Parliament and of the Council of 14 September 2016 on requirements relating to gaseous and particulate pollutant emission limits and type-approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC,( OJ L 354 of 28.12.2013, p.53).
• [34] Directive (EU) 2018/2001 of the European Parliament and of the Council on the promotion of the use of energy from renewable sources, (OJ L 328 of 21.12.2018, p. 82.)
• [35] Council 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, p. 26–67
• [36] Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.
• [37] Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would constitute the basis for determining the existence of an increase in soil carbon and its magnitude.
• [38] https://ec.europa.eu/eurostat/cache/infographs/energy/bloc-2a.html?lang=en
• [39] https://ec.europa.eu/eurostat/cache/infographs/energy/bloc-2b.html?lang=en