50 Amendments of Nils TORVALDS related to 2021/0203(COD)
Amendment 159 #
Proposal for a directive
Recital 12
Recital 12
(12) Energy efficiency should be recognised as a crucial element and a priority consideration in future investment decisions on the Union's energy infrastructure. The energy efficiency first principle should be applied taking primarily the system efficiency approach and, paying attention to security of supply, energy system integration and the transition to climate neutrality, and the societal perspective into consideration. Consequently, it should help increase the efficiency of individual end-use sectors and of the whole energy system. Application of the principle should also support investments in energy-efficient solutions contributing to environmental objectives listed in Regulation (EU) 2020/852 of the European Parliament and of the Council50 . _________________ 50 OJ L 198, 22.6.2020, p. 13–43.
Amendment 173 #
Proposal for a directive
Recital 16
Recital 16
(16) A fair transition towards a climate- neutral Union by 2050 is central to the European Green Deal. Energy poverty is a key concept consolidated in the legislative package entitled ‘Clean Energy for All Europeans’ and designed to facilitate a just energy transition. Pursuant to Regulation (EU) 2018/1999 and Directive (EU) 2019/944 of the European Parliament and of the Council53 , the Commission provided indicative guidance on appropriate indicators for measuring energy poverty and defining what a ‘significant number of households in energy poverty’ is.54 Directive (EU) 2019/944 and Directive 2009/73/EC of the European Parliament and of the Council55 requires Member States to take appropriate measures to address energy poverty wherever it is identified, including measures addressing the broader context of poverty. This is particularly relevant in a context of rising energy prices and inflationary pressure, where both short and long-term measures will need to be implemented to address systemic challenges to the Union's energy system. _________________ 53 Directive (EU) 2019/944 of the European Parliament and of the Council on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125). 54 Commission Recommendation on energy poverty, C(2020) 9600 final. 55 Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94).
Amendment 178 #
Proposal for a directive
Recital 17
Recital 17
(17) Low and medium income households, vulnerable customers, including final users, people facing or risking energy poverty and people living in social housing should benefit from the application of the energy efficiency first principle. Energy efficiency measures should be implemented as a priority to improve the situations of those individuals and households or to alleviate energy poverty, particularly when in a context of rising energy prices and inflationary pressure. A holistic approach in policy making and in implementing policies and measures requires Member States to ensure that other policies and measures have no adverse effect on these individuals and households.
Amendment 229 #
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 measures. These measures can be particularly beneficial to vulnerable customers, people affected by energy poverty and people living in social housing, as these people tend to live in worse-performing buildings and thus stand to benefit the most from energy efficiency improvements.
Amendment 286 #
Proposal for a directive
Recital 66
Recital 66
(66) The information and communications technology (ICT) sector another important sector which receives increasing attention. In 2018 the energy consumption of data centres in the EU was 76,8 TWh. This is expected to rise to 98.5 TWh by 2030, a 28% increase. This increase in absolute terms can as well be seen in relative terms: within the EU, data centres accounted for 2,7% of electricity demand in 2018 and will reach 3,21% by 2030 if development continues on the current trajectory75 . Europe’s Digital Strategy already highlighted the need for highly energy-efficient and sustainable data centres and calls for transparency measures for telecommunication operators on their environmental footprint. To promote sustainable development in the ICT sector, particularly of data centres, Member States should collect and publish data, which is relevant for the energy performance and water footprint of data centres. Member States should collect and publish data only about data centres with a significant footprint, for which appropriate design or efficiency interventions, for new or existing installations respectively, can result in a considerable reduction of the energy and water consumption or in the reuse of waste heat in nearby facilities and heat networks. A data centre sustainability indicator can be established on the basis of that data collected and also taking into account already existing initiatives in the sector. _________________ 75 https://digital- strategy.ec.europa.eu/en/library/energy- efficient-cloud-computing-technologies- and-policies-eco-friendly-cloud-market
Amendment 290 #
Proposal for a directive
Recital 67
Recital 67
(67) The data centre sustainability indicators can be used to measure four basic dimensions of a sustainablethe sustainability of a data centre, namelysuch as how efficiently it uses energy, how much of that energy comes from renewable energy sources, the usage of water and, where applicable, the reuse of any waste heat that it produces, and the usage of freshwaters well as the application of circular economy practices for servers, electrical equipment and other related electrical components. The data centre sustainability indicators should raise awareness amongst data centre owners and operators, manufactures of equipment, developers of software and services, users of data centre services at all levels as well as entities and organisations that deploy, use or procure cloud and data centre services. It should also give confidence about the actual improvements following efforts and measures to increase the sustainability in new or existing data centres. Finally, it should be used as a basis for transparent and evidence-based planning and decision-making. Use of the data centre sustainability indicators should be optional for Member States. Use of the data centre sustainability indicator should be optional for Member States.
Amendment 310 #
Proposal for a directive
Recital 95
Recital 95
(95) A fair transition towards a climate- neutral Union by 2050 is central to the European Green Deal. The European Pillar of Social Rights, jointly proclaimed by the European Parliament, the Council and the Commission on 17 November 2017, includes energy among the essential services which everyone is entitled to access. Support for access to such services must be available for those in need81 , particularly in a context of inflationary pressure and significant increases in energy prices. _________________ 81 EPSR, Principle 20 “Access to essential services”: https://ec.europa.eu/commission/priorities/ deeper-and-fairer-economic-and-monetary- union/european-pillar-social- rights/european-pillar-social-rights-20- principles_en
Amendment 312 #
Proposal for a directive
Recital 96
Recital 96
(96) It is necessary to ensure that people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing are protected and, to this end, empowered to actively participate in the energy efficiency improvement interventions, measures and related consumer protection or information measures that Member States implement. Targeted awareness raising campaigns should be developed to illustrate the benefits of energy efficiency as well as providing information on the financial support available.
Amendment 355 #
Proposal for a directive
Article 2 – paragraph 1 – point 3
Article 2 – paragraph 1 – point 3
(3) `energy system´ means a system primarily designed to supply energy- services to satisfy the demand of end-use sectors for energy in the forms of heat, cooling, fuels, and electricity.
Amendment 377 #
Proposal for a directive
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘energy audit’ means a systematic procedure with the purpose of obtaining adequate knowledge of the energy consumption profile of a building or group of buildings, an industrial or commercial operation or installation or a private or public service, identifying and quantifying opportunities for cost-effective energy savings identifying the potential for cost- effective use or production of renewable energy and reporting the findings;
Amendment 382 #
Proposal for a directive
Article 2 – paragraph 1 – point 45
Article 2 – paragraph 1 – point 45
(45) ‘data centre’ means a structure, or group of structures, with the purpose of centralized accommodation, interused to house, connection and operation of information technology and network telecommunicationse computer systems/servers and associated equipment providingfor data storage, processing and transport services together with all the facilities and infrastructures for power distribution and environmental control and the necessary levels of resilience and security required to provide the desired service availability/or distribution, as well as related activities as defined in Regulation (EU) 2022/132 on energy statistics;
Amendment 412 #
Proposal for a directive
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) take a system approach while paying attention to security of supply, energy system integration and the transition to climate neutrality;
Amendment 443 #
2. Each Member State shall set national energy efficiency contributions for final and primary energy consumption to meet, collectively, the binding Union target set in paragraph 1 . Member States shall notify those contributions together with an indicative trajectory for those contributions to the Commission as part of the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, and as part of their integrated national energy and climate plans as referred to in, and in accordance with, the procedure set out in Article 3 and Articles 7 to 12 of Regulation (EU) 2018/1999 . When doing so, Member States shallmay use the formula defined in Annex I of this Directive and explain how, and on the basis of which data, the contributions have been calculated.
Amendment 459 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2 – point d – point iv a (new)
Article 4 – paragraph 2 – subparagraph 2 – point d – point iv a (new)
(iva) early action;
Amendment 489 #
Proposal for a directive
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
The Commission shall assess whether the national measures referred to in this paragraph are sufficient to achieve the Union's energy efficiency targets or ensure an equivalent contribution to the Union's 2030 GHG emissions reduction target. Where national measures are deemed to be insufficient, the Commission shall, as appropriate, propose measures and exercise its power at Union level in order to ensure, in particular, the achievement of the Union's 2030 targets for energy efficiency.
Amendment 497 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that the total final energy consumption of all public bodies combined is reducedimplement all adequate measures to ensure that their central, regional and local government sectors improve their energy efficiency by at least 1,70 % each year, when compared to the year X-2 (with X as the year when this Directive enters into force). Member States may take into account climatic variations within the Member State when calculating their public sectors’ final energy consumption. Member States may also exclude final energy consumption consumed by the armed forces.
Amendment 505 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall include, in their national energy and climate plans and updates thereof pursuant to Regulation (EU) 2018/1999, a list of public bodies which shall contribute to the fulfilment of the obligation set out in paragraph 1 of this Article, the amount of energy consumption reduction to be achieved by each of them and the measures they plan to achieve it. As part of their integrated national energy and climate reports pursuant to Article 17 of Regulation (EU) 2018/1999, Member States shall report to the Commission the final energy consumption reductionefficiency improvements achieved annually.
Amendment 510 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall ensure that regional and local authorities, establish specific energy efficiency measures in their decarbonisation plans after consulting stakeholders and the public, including the particular groups at risk of energy poverty or more susceptible to its effects, such as women, persons with disabilities, older persons, children, and persons with a minority racial or ethnic background.
Amendment 516 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Member States shall support public bodies in the uptake of energy efficiency improvement measures, including at at central, regional and local levels, by providing guidelines, promoting competence building and training opportunities and encouraging cooperation amongst public bodsector entities.
Amendment 521 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall encourage public bodiessector to consider life cycle carbon emissions of their public bodies’ investment and policy activities.
Amendment 539 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Without prejudice to Article 7 of Directive 2010/31/EU of the European Parliament and of the Council92 , each Member State shall ensure that at least 3 %3 %, or other relevant share to reach the energy efficiency rate of Article 5, of the total floor area of heated and/or cooled buildings owned by public bodies and of tertiary buildings is renovated each year to at least be transformed into nearly zero-energy buildings in accordance with Article 9 of Directive 2010/31/EU. _________________ 92 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13).
Amendment 550 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Where public bodies occupy a building that they do not own, they shall exercise their contractual rights to the extent possible and encourage the building owner to renovate the building to a nearly zero-energy building in accordance with Article 9 of Directive 2010/31/EU. When concluding a new contract for occupying a building they do not own, public bodies shall aim for that building to fall into the top two energy efficiency classes on the energy performance certificate, or other performance levels relevant to the Member State.
Amendment 568 #
1b. If a Member State renovates more than 3 % of the total floor area of buildings owned by public bodies in a given year, it may count the excess towards the annual renovation rate of any of the following years.
Amendment 628 #
Proposal for a directive
Article 8 – paragraph 1 – point c
Article 8 – paragraph 1 – point c
(c) new savings each year from 1 January 20246 to 31 December 2030 of 1,50 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.
Amendment 640 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Member States shall, where applicable, implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmes or measures financed under an Energy Efficiency National Fund, as a priority among people affected by energy poverty, vulnerable customers and, where applicable, people living in social housing. Member States shall ensure that there are no policy measures implemented pursuant to this Article that have no adverse effect on those persons. Where applicable, Member States shall make the best possible use of funding, including public funding, funding facilities established at Union level, and revenues from allowances pursuant to Article 22(3)(b) with the aim of removing adverse effects and ensuring a just and inclusive energy transition.
Amendment 654 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall include information about the indicators applied, the arithmetic average share and the outcome of policy measures established in accordance with paragraph 3 of this Article in the updates of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999, in their subsequent integrated national energy and climate plans pursuant to Articles 3 and 7 to 12 of Regulation (EU) 2018/1999, and respective progress reports in accordance with Article 17 of that Regulation.
Amendment 749 #
Proposal for a directive
Article 11 – paragraph 7
Article 11 – paragraph 7
7. Enterprises that implement an energy performance contract shall be exempted from the requirements of paragraphs 1 and 2 provided that the energy performance contract complies with the requirements set out in Annex XIV, and that the coverage of the contract is equal to the coverage of the energy management system referred to in paragraphs 1 and 2.
Amendment 771 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Union rules on consumer protection, in particular Directive 2011/83/EU of the European Parliament and of the Council97 and Council Directive 93/13/EEC98 , Member States shall ensure that final custoconsumers and, where explicitly referred to, final users are granted the rights provided for in paragraphs 2 to 8 of this Article. _________________ 97 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). 98 Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29).
Amendment 772 #
Proposal for a directive
Article 20 – paragraph 2 – introductory part
Article 20 – paragraph 2 – introductory part
2. Final custoConsumers shall have the right to a contract with their supplier that specifies:
Amendment 779 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Final custoConsumers shall be given adequate notice of any intention to modify contractual conditions. Suppliers shall notify their final customers, in a transparent and comprehensible manner, directly of any adjustment in the supply price and of the reasons and preconditions for the adjustment and its scope, at an appropriate time no later than two weeks, or no later than one month in the case of household customers, before the adjustment comes into effect.
Amendment 783 #
Proposal for a directive
Article 20 – paragraph 7
Article 20 – paragraph 7
7. Final customers and final usConsumers shall have the right to a good standard of service and complaint handling by their suppliers. Suppliers shall handle complaints in a simple, fair and prompt manner.
Amendment 789 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that information on available energy efficiency improvement measures, individual actions and financial and legal frameworks is transparent, accessible and widely disseminated to all relevant market actors, such as final customers, final users,, consumer organisations, civil society representatives, renewable energy communities, citizen energy communities, local and regional authorities, energy agencies, social service providers, builders, architects, engineers, environmental and energy auditors, and installers of building elements as defined in by Article 2(9) of Directive 2010/31/EU.
Amendment 791 #
Proposal for a directive
Article 21 – paragraph 2 – subparagraph 1 – point vii
Article 21 – paragraph 2 – subparagraph 1 – point vii
(vii) digital tools. , such as smart meters for electricity.
Amendment 823 #
Proposal for a directive
Article 22 – paragraph 4 – introductory part
Article 22 – paragraph 4 – introductory part
4. Member States shall establish a network of experts from various sectors such as health sector, heating sector, building sector and social sectors to develop strategies to support local and national decision makers in implementing energy efficiency improvement measures alleviating energy poverty, measures to generate robust long term solutions to mitigate energy poverty and to develop appropriate technical assistance and financial tools. Member States shall strive to ensure a network of experts’ composition that ensures gender balance and reflects the perspectives of people in all their diversity.
Amendment 837 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that the public isall relevant parties are given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.
Amendment 873 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Amendment 938 #
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
Amendment 946 #
Proposal for a directive
Article 24 – paragraph 3
Article 24 – paragraph 3
Amendment 990 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. National energy regulatory authorities shall include a specific section on the progress achieved in energy efficiency improvements regarding the operation of the gas and electricity infrastructure in the annual report drawn up pursuant to Article 59(1)(i) of Directive (EU) 2019/944 and pursuant to Article 41 of Directive (EU) 2009/73/EC. In these reports, national energy regulatory authorities shall provide an assessment of network losses in the opverationll efficiency of the gas and electricity infrastructure, the measures carried out by transmission and distribution system operators, and, where applicable, provide recommendations for energy efficiency improvements.
Amendment 1027 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Amendment 1060 #
Proposal for a directive
Annex III – point a
Annex III – point a
Amendment 1081 #
Proposal for a directive
Annex IV – paragraph 1 – introductory part
Annex IV – paragraph 1 – introductory part
In award procedures for public contracts and concessions, contracting authorities and contracting entities that purchase products, services, buildings and works , insofar as this is consistent with cost- effectiveness, economic feasibility, wider sustainability, technical suitability, as well as sufficient competition, shall:
Amendment 1086 #
Proposal for a directive
Annex IV – paragraph 1 – point d
Annex IV – paragraph 1 – point d
(d) purchase only tyres that comply with the criterion of having the highest fuel energy efficiency class, as defined by Regulation (EU) 2020/740 of the European Parliament and of the Council106 . This requirement shall not prevent public bodies from purchasing tyres with thehowever be balanced with regards to winter conditions, highest wet grip class orand external rolling noise class where justified by safety or public health reasons; _________________ 106 Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (OJ L 177, 5.6.2020, p. 1).
Amendment 1092 #
Proposal for a directive
Annex V – point 2 – point a
Annex V – point 2 – point a
(a) Member States shall demonstrate that the policy measure has been implemented for the purpose of fulfilling the energy savings obligation and achievingone of the results of the policy measures, whether new or existing, is the achievement of end- use energy savings pursuant to Article 8(1). Member States shall provide evidence and their documentation that the energy savings are caused by a policy measure, including voluntary agreements;
Amendment 1104 #
Proposal for a directive
Annex V – point 2 – point f – point ii
Annex V – point 2 – point f – point ii
(ii) Union requirements relating to the removal from the market of certain energy related products following the implementation of implementing measures under Directive 2009/125/EC; Member States shall provide evidencejustification, their assumptions and their calculation methodology to show additionality;
Amendment 1109 #
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 ;
Amendment 1119 #
Proposal for a directive
Annex V – point 2 – point h
Annex V – point 2 – point h
Amendment 1135 #
Proposal for a directive
Annex V – point 2 – point j
Annex V – point 2 – point j
(j) measures promoting the installation of solar thermalenergy technologies may be eligible to be taken into account for the fulfilment of energy savings required under Article 8(1) provided that they result in verifiable, and measurable or estimable, end-use energy savings. The ambient heatenergy captured by solar thermal technologies can be excluded from their end-use energy consumption;
Amendment 1143 #
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, full credit may be claimed, provided that it is shown that such uptake takes place before expiry of the average expected lifetime of the product or vehicle, or before the product or vehicle would usually be replaced, and the savings are claimed only for the period until end of the average expected lifetime of the product or vehicle to be replaced;
Amendment 1169 #
Proposal for a directive
Annex VI – paragraph 1 – point c
Annex VI – paragraph 1 – point c
(c) identify energy efficiency measures to deincrease energy consumptionefficiency;