22 Amendments of Paolo BORCHIA related to 2021/0203(COD)
Amendment 153 #
Proposal for a directive
Recital 11
Recital 11
(11) This Directive takes a step forward towards climate neutrality by 2050 , under which energy efficiency is to be treated as an energy source in its own right. The energy efficiency first principle is an overarching principle that should be taken into account across all sectors, going beyond the energy system, at all levels, including in the financial sector. Energy efficiency solutions should be considered as the first option in policy, planning and investment decisions, when setting new rules for the supply side and other policy areas. While the energy efficiency first principle should be applied without prejudice to other legal obligations, objectives and principles, they should also not hamper its application or exempt from applying the principle. The Commission should ensure that energy efficiency and demand-side response can compete on equal terms with generation capacity. Energy efficiency improvements need to be made whenever they are more cost- effective than equivalent supply-side solutions. Demand-side response including consumer load participation - based upon consumers' consent and compensation - shall be considered. That should help exploit the multiple benefits of energy efficiency for the Union, in particular for citizens and businesses. Implementing energy efficiency improvement measures should also be a priority in alleviating energy poverty.
Amendment 168 #
Proposal for a directive
Recital 14
Recital 14
(14) In order to have an impact, the energy efficiency first principle needs to be consistently applied by decision makers in all relevant policy, planning and major investment decisions – that is to say large- scale investments with a value of more than 50 euro million each or 75 euro million for transport infrastructure projects – affecting energy consumption or supply. The proper application of the principle requires using the right cost-benefit analysis methodology, setting enabling conditions for energy efficient solutions and proper monitoring. Demand side flexibility can bring significant benefits to consumers and to society at large, and can increase the efficiency of the energy system and decrease the energy costs, for example by reducing system operation costs resulting in lower tariffs for all consumers. Member States should take into account potential benefits from demand side flexibility in applying the energy efficiency first principle and where relevant consider demand response, energy storage, both at centralised and decentralised level and smart solutions as part of their efforts to increase efficiency of the integrated energy system.
Amendment 228 #
Proposal for a directive
Recital 49
Recital 49
(49) Where using an obligation scheme, Member States should designate obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or retailers on the basis of objective and non-discriminatory criteria. The designation or exemption from designation of certain categories of such distributors or retailers should not be understood to be incompatible with the principle of non-discrimination. Member States are therefore able to choose whether such transmission system operators, distributors or retailers or only certain categories thereof are designated as obligated parties. To empower and protect vulnerable customers, people affected by energy poverty and people living in social housing, and to implement policy measures as a priority among those people, Member States can require obligated parties to achieve energy savings among vulnerable customers, people affected by energy poverty and people living in social housing. For that purpose, Member States can also establish energy cost reduction targets. Obligated parties could achieve these targets by promoting the installation of measures that lead to energy savings and financial savings on energy bills, such as the installation of insulation and heating measuresMember States should implement specific policy measures as a priority for those people.
Amendment 345 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. This Directive establishes a common framework of measures to promote energy efficiency within the Union in order to ensure that the Union's target on energy efficiency is met and enables further energy efficiency improvements .
Amendment 362 #
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘final energy consumption’ means all energy supplied to industry, transport (including energy consumption in international aviation) , households, public and private services, agriculture , forestry and fishing and other end-users (final consumers of energy) . It excludes energy consumption in international maritime bunkers, ambient heat and deliveries of primary energy to the transformation sector, and the energy sector and losses due to transmission and distribution (definitions in Annex A of Regulation (EC) No 1099/2008 apply) ; (excluding activities listed as industry under group C of the NACE Rev.2. Statistical classification of economic activities in the European Community) and losses due to transmission and distribution.
Amendment 370 #
Proposal for a directive
Article 2 – paragraph 1 – point 13 a (new)
Article 2 – paragraph 1 – point 13 a (new)
(13a) 'industry' means companies and products that fall under sections B, C, F and J, division (63) of the statistical classification of economic activities (NACE REV.2);
Amendment 422 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall collectively ensure a reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s primary energy consumption amounts to no more than 1023 Mtoe in 2030.91 _________________ 91 The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts neededintensity.
Amendment 432 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 470 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 680 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 8(1) or, if Member States so decide, through certified savings stemming from other parties as described in point (a) of paragraph 10 of this Article.
Amendment 714 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that enterprises with an average annual consumption higher than 100TJ of energy over the previous three years and taking all energy carriers together, implement an energy management system. When this obligation is applied to a company group, the measure shall not be extended to those enterprises that are part of a group not 100% controlled. The energy management system shall be certified by an independent body according to the relevant European or International Standards.
Amendment 723 #
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that enterprises with an average annual consumption higher than 10TJ of energy over the previous three years and taking all energy carriers together that do not implement an energy management system are subject to an energy audit. When this obligation is applied to a company group, the measure shall not be extended to those enterprises that are part of a group not 100% controlled. Energy audits shall be carried out in an independent and cost- effective manner by qualified or accredited experts in accordance with requirements provided in Article 26 or implemented and supervised by independent authorities under national legislation. Energy audits shall be carried out at least every four years from the date of the previous energy audit.
Amendment 755 #
Proposal for a directive
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Without prejudice to paragraphs 1 to 9, Member States shall require, by 15 March 2024 and every year thereafter, owners and operators of every data centre in their territory with a significant energy consumption to make publicly available the information set out in Annex VI (`Minimum requirements for monitoring and publishing the energy performance of data centres´), which Member States shall subsequently report to the Commission. Threshold values for the classification of data centres with significant energy consumption shall be defined to target primarily the ICT sector.
Amendment 976 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall ensure that gas and electricity transmission and distribution system operators apply the energy efficiency first principle in accordance with Article 3 of this Directive in their network planning, network development and investment decisions. While taking security of supply and market integration into account, Member States shall ensure that transmission system operators and distribution system operators do not invest in stranded assets to contribute to climate change mitigation. National regulatory authorities shallmay provide methodologies andor guidance on how to assess alternatives in the cost- benefit analysis in close cooperation with the TSOs, which can share key technical expertise, taking into account wider benefits, and verify the implementation of the energy efficiency first principle by the transmission system operators or distribution system operators when approving, verifying or monitoring the projects submitted by the transmission system operators or distribution system operators.
Amendment 984 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that transmission and distribution system operators map network losses and take cost-effective measures to reduce network losseoptimise them, while taking into account the overall effective operation of the network and the infrastructure development needs. Transmission and distribution system operators shall report those measures and expected energy savings through the reduction of network losses to the national energy regulatory authority. National energy regulatory authorities shall limit the possibility for transmission and distribution system operators to recover avoidable network losses from tariffs paid by consumers. Member States shall ensure that transmission and distribution system operators assess energy efficiency improvement measures with regard to their existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and operation. Member States shall encourage transmission and distribution system operators to develop innovative solutions to improve the energy efficiency of existing systems through incentive based regulations.
Amendment 994 #
Proposal for a directive
Article 25 – paragraph 7
Article 25 – paragraph 7
7. National regulatory authorities shall ensure the removal of those incentives in transmission and distribution tariffs that are detrimental to the energyoverall efficiency of the generation, transmission, distribution and supply of electricity and gas .
Amendment 1063 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 3
Annex III – point a – paragraph 1 – indent 3
— direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy)the threshold resulting the analysis of the best technological solutions available. The emission threshold shall apply only to production in high-efficiency cogeneration arrangement and does not include production in thermoelectric mode only. The calculation of direct carbon dioxide emissions shall be reduced by the emission savings associated with the guarantees of origin from renewable gases that may be available in the plant.
Amendment 1079 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 4
Annex III – point a – paragraph 1 – indent 4
— When a cogeneration unit is built or substantially refurbished, Member States shall ensure that there is no increase in the use of fossil fuels other than natural gas in existing heat sources compared to the annual consumption averaged over the previous three calendar years of full operation before refurbishment, and that any new heat sources in that system do not use fossil fuels other than natural gas.
Amendment 1099 #
Proposal for a directive
Annex V – point 2 – point e
Annex V – point 2 – point e
Amendment 1112 #
Proposal for a directive
Annex V – point 2 – point g
Annex V – point 2 – point g
(g) policies with the purpose of encouraging higher levels of energy efficiency of products, equipment, transport systems, vehicles and fuels, buildings and building elements, processes or markets shall be permitted , except those policy measures regarding the use of direct combustion of fossil fuel technologies that are implemented as from 1 January 2024 , unless more sustainable solutions are not technically or economically feasible;
Amendment 1129 #
Proposal for a directive
Annex V – point 2 – point h
Annex V – point 2 – point h
(h) Energy savings as a result of policy measures regarding the use of direct fossil fuel combustion in products, equipment, transport systems, vehicles, buildings or works shall not count towards the fulfilment of energy savings obligation as from 1 January 2024, unless more sustainable solutions are not technically or economically feasible;
Amendment 1139 #
Proposal for a directive
Annex V – point 2 – point k
Annex V – point 2 – point k
(k) for policies that accelerate the uptake of more efficient products and vehicles, except those regarding the use of direct fossil fuel combustion unless more sustainable solutions are not technically or economically feasible, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;