Activities of Dita CHARANZOVÁ related to 2023/0081(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
Amendments (50)
Amendment 5 #
Proposal for a regulation
Recital 25
Recital 25
(25) Directives 2014/23/EU, 2014/24/EU and 2014/25/EU already allow contracting authorities and entities awarding contracts through public procurement procedures to rely, in addition to price or cost, on additional criteria for identifying the most economically advantageous tender. Such criteria concern for instance the quality of the tender including social, environmental and innovative characteristics. When awarding contracts for net-zero technology through public procurement, contracting authorities and contracting entities should duly assess the tenders’ contribution to sustainability and resilience in relation to a series of criteria relating to the tender’s environmental sustainability, innovation, system integration and to resilience. Contracting authorities and entities must ensure that procedures treat providers established in other Member States equally to national providers and to ensure non-discrimination when establishing criteria.
Amendment 17 #
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes of taking into account within a public procurement procedure of the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a single source supplies for more than 6580% of the demand for a specific net-zero technology within the Union.
Amendment 21 #
Proposal for a regulation
Recital 29
Recital 29
(29) For the purposes of setting up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 6580% of the total demand for a specific net- zero technology within the Union. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.
Amendment 22 #
Proposal for a regulation
Recital 30
Recital 30
(30) Council Decision 2014/115/EU approved in particular the amendment to the World Trade Organisation Agreement on Government Procurement (the ‘GPA’)46 . The aim of the GPA is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade. For contracts covered by the European Union’s Appendix I to the GPA, as well as by other relevant international agreements by which the Union is bound, including free trade agreements and the Article III:8(a) of the General Agreement on Tariffs and Trade of 1994 for procurement by governmental agencies of products purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale, contracting authorities and contracting entities should not apply the requirements of Article 19 (1) point (d) to economic operators of sources of supply that are signatories to the agreements nor to countries which are signatures to a Net- Zero Partnership agreement. __________________ 46 Council decision 2014/115/EU of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement, (OJ L68, 7.3.2014, p. 1).
Amendment 33 #
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support iState aids should only be foreseen twhe form of State aid. Such aid mustn they have an incentive effect and bare necessary, appropriate and proportionate after a failure to access private investment. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third- country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposes.
Amendment 44 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; and energy-system related energy efficiency technologies. They refer to the final products, specific components and parts, and specific machinery primarily used for the production of those products. They shall have reached a technology readiness level of at least 8. __________________ 66 ‘renewable energy' means ‘renewable energy’ as defined in 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 67 ‘sustainable alternative fuels’ means fuels covered by the Proposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, COM/2021/561 final and by the Proposal for a Regulation of the European Parliament and Council on the use of renewable and low-carbon fuels in maritime transport COM/2021/562 final.
Amendment 45 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘component’ means a small part of a net- zero technology that is manufactured and traded by a company starting from processed materialincluding materials and intermediate products;
Amendment 53 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission shall establish a list of funding possibilities at Union level and transfer this list to the Member States. The Commission shall update this list as needed.
Amendment 54 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 4530 days. In cases falling under the second sub-paragraph of Article 6(4), this period shall be extended to 960 days.
Amendment 55 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. When preparing plans, including zoning, spatial plans and land use plans, national, regional and local authorities shall, where appropriate, include in those plans provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects and all necessary infrastructure. Priority shall be given to artificial and built surfaces, industrial sites, brownfield sites, and, where appropriate, greenfield sites not usable for agriculture and forestry.
Amendment 59 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall assess the application referred to in paragraph 1 through a fair and transparent expedited process within a month. The absence of a decision by Member States within that time frame shall constitute an approval of the project.
Amendment 60 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The Commission may provide its opinion on the approved projects. In the case of a rejection of the application by a Member State, the applicant shall have the right to submit the application to the Commission, which shall review and assess the application within 20 working days.
Amendment 62 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Project promoters and all authorities that, under national law, are competent to issue various permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure, shall ensure that for net-zero strategic projects those processes are treaprioritized and expedited in the most rapid way possible in accordance with Union and national law.
Amendment 63 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall establish clear and streamlined procedures for the permit-granting processes of net-zero strategic projects, ensuring timely decision-making and regular updates to project promoters on the status of their applications.
Amendment 64 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Member States shall establish coordination mechanisms between competent authorities and project promoters to ensure effective cooperation and timely resolution of any issues related to the planning, design, and construction of net-zero strategic projects and related support infrastructures. Member States shall ensure coordination with the development of the necessary infrastructures and energy grid connections for net-zero strategic projects.
Amendment 65 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in private investments in net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and include coordinating support to net-zero strategic projects facing difficulties in accessing finance.
Amendment 66 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States shall monitor the effectiveness of the administrative support provided to net-zero strategic projects and ensure that project promoters receive all necessary guidance and resources for successful implementation.
Amendment 67 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall establish a centralised platform for the collection and management of CO2 injection capacity data from all Member States.
Amendment 68 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The Commission shall make the data collected pursuant to paragraph 1 and 2 available on the centralised platform established in Article 16.
Amendment 70 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Contracting authorities or contracting entities shall base the award of contracts for net-zero technology listed in the Annex in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU and applicable sectoral legislation, as well as with the Union’s international commitments, including the GPA and other international agreements by which the Union is bound. Contracting authorities or entities shall ensure that the procurement process is open, non- discriminatory and transparency, allowing fair competition among all eligible suppliers, regardless of their origin within the Union or from third countries.
Amendment 76 #
Proposal for a regulation
Article 19 – paragraph 2 – introductory part
Article 19 – paragraph 2 – introductory part
2. The tender’s sustainability and resilience contribution shall be based ontake into account of the following cumulative criteria which shall be objective, transparent and non- discriminatory:
Amendment 88 #
Proposal for a regulation
Article 19 – paragraph 2 – point d
Article 19 – paragraph 2 – point d
(d) the tender’s contribution to resilience, taking into account the proportion of the final products originating from a single non-Union source of supply, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council72 , from which more than 6580% of the supply for that specific net-zero technology within the Union originates in the last year for which data is available for when the tender takes place. __________________ 72 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 94 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Contracting authorities and contracting entities shall give the tender’s sustainability and resilience contribution a weight between 150% and 320% of the award criteria, without prejudice of the application of Article 41 (3) of Directive 2014/23/EU, Article 67 (5) of Directive 2014/24/EU or Article 82 (5) of Directive 2014/25/EU for giving a higher weighting to the criteria referred to in paragraph 2, points (a) and (b).
Amendment 100 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The contracting authority or the contracting entity shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige that authority or entity to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 105% may be presumed by contracting authorities and contracting entities to be disproportionate. This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, and without prejudice to other contract award criteria according to the EU legislation, including social aspects according to Articles 30 (3) and 36 (1), second intent of Directive 2014/23/EU, Articles 18 (2) and 67 (2) of Directive 2014/24/EU and Articles 36 (2) and 82 (2) of Directive 2014/24/EU.
Amendment 105 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. Member States shall not discriminate or give different treatment of providers or net-zero products from another Member State, based on sustainability and resilience criteria.
Amendment 107 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability and resilience contribution shall be given a weight between 150% and 320% of the award criteria, without prejudice of the possibility to give a higher weighting to the criteria in Article 19(2), points (a) and (b), where applicable under Union legislation, and of any limit for non-price criteria set under State aid rules.
Amendment 108 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige those entities to acquire equipment having disproportionate costs, or technical characteristics different from those of existing equipment, resulting in incompatibility, technical difficulties in operation and maintenance. Cost differences above 105% may be presumed by contracting authorities and contracting entities to be disproportionate.
Amendment 109 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shallmay design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. __________________ 73 Directive 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
Amendment 110 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Where relevant, the Commission shall provide guidance on the criteria to assess the resilience and sustainability contribution of available products covered by the forms of public intervention covered under articles 19, 20 and 21. The Commission shall ensure that the guidance provided for assessing the resilience and sustainability contribution of products align with the principles of market openness, transparency, and non- discrimination. The Guidance shall encourage Member States, regional and local authorities, and other relevant bodies to share best practices and exchange knowledge to enhance the effectiveness of procurement procedures.
Amendment 116 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. For the purpose of Article 19, paragraph 2(d), products produced in third countries which are Net-Zero Industrial Partnership shall be considered as equal to products produced within the Union and shall not be taken into account for the criteria.
Amendment 119 #
Proposal for a regulation
Article 23 – paragraph 1 – point c a (new)
Article 23 – paragraph 1 – point c a (new)
(ca) foster collaboration with relevant stakeholders, industry associations, research institutions, and other professional bodies, to ensure that the learning programmes address the evolving needs of the net-zero industry and align with the demands of the labour market.
Amendment 120 #
Proposal for a regulation
Article 25 – paragraph 1 – point 4
Article 25 – paragraph 1 – point 4
(4) assist the uptake and recognition of learning credentials of the European Net- Zero Industry Academies in the Member States to promote the recognition of skills and the matching of skills and jobs, inter alia by promotingacceptance and recognition of learning credentials, skills and the matching of skills and jobs< work towards the development of a standardised framework for the recognition of skills and qualifications, ensuring, inter alia, the validity and acceptance of the credentials throughout the labour market of the European Union;
Amendment 122 #
Proposal for a regulation
Article 25 – paragraph 1 – point 6 a (new)
Article 25 – paragraph 1 – point 6 a (new)
(6a) establish mechanisms for the continuous feedback and collaboration between the Ney-Zero Europe Platform and the European Net-Zero Industry Academies to ensure the relevance and effectiveness of the education and training programmes.
Amendment 123 #
Proposal for a regulation
Article 25 – paragraph 1 – point 7 a (new)
Article 25 – paragraph 1 – point 7 a (new)
(7a) facilitate cross-border cooperation and the sharing of relevant information and best practices related to net-zero regulatory sandboxes.
Amendment 124 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States may at their own initiative establish net-zero regulatory sandboxes, allowing for the development, testing and validation of innovative net- zero technologies, in a controlled real- world environment for a limited time before their placement on the market or putting into service, thus enhancing regulatory learning and potential scaling up and wider deployment. Member States shall establish net-zero regulatory sandboxes in accordance with paragraph 1 at the request of any company developing innovative net-zero technologies, which fulfils the eligibility and selection criteria referred to in paragraph 4(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4(b).
Amendment 125 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. Member States shall establish net- zero regulatory sandboxes in accordance with paragraph 1 at the request of any company developing innovative net-zero technologies, which fulfils the eligibility and selection criteria referred to in paragraph 2(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 2(b).
Amendment 126 #
Proposal for a regulation
Article 26 – paragraph 1 b (new)
Article 26 – paragraph 1 b (new)
1b. Member States, when establishing and operation of net-zero regulatory sandboxes, shall ensure cross-border cooperation and knowledge exchange among competent authorities. Member States shall collaborate within the framework of the Net-Zero Europe Platform to facilitate cross-border cooperation and the sharing of relevant information and best practices.
Amendment 128 #
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The modalities and the conditions for the establishment and operation of the net-zero regulatory sandboxes under this Regulation shall be adopted through implementing acts in accordance with the examination procedure referred to in Article 36. The modalities and conditions shall to the extent possible support flexibility for national competent authorities to establish and operate their Net-zero regulatory sandboxes, foster innovation and regulatory learning and shall particularly take into account the special circumstances and capacities of participating SMEs, including start-ups. The implementing acts referred to in paragraph 3 shall include common main principles on the following issues:
Amendment 129 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Member States shall ensure that small and medium enterprises have access to relevant information, monitoring, and reporting processes associated with the regulatory sandboxes. This includes providing small and medium enterprises with access to the results and findings from the established sandboxes, promoting transparency and knowledge sharing among all participants.
Amendment 130 #
Proposal for a regulation
Article 27 – paragraph 2 b (new)
Article 27 – paragraph 2 b (new)
2b. The Commission, in collaboration with Member States, shall regularly evaluate and review the measures implemented for small and medium enterprises, ensuring their effectiveness and identifying areas for improvement. The evaluation process shall consider the feedback and experiences of small and medium enterprises in participating in the regulatory sandboxes, aiming to enhance their engagement and contribution to the net-zero transition.
Amendment 131 #
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. The Commission and Member States may coordinate within the Platform on the Net-Zero Industrial Partnerships and also with relevant third countries to help promote the adoption of net-zero technologies globally and to support the role of Union industrial capabilities in paving the way for the global clean energy transition, in line with the overall objectives of this Regulation stemming from Article 1 of this Regulation. The Platform may periodically discusshall facilitate discussions on the following matters:
Amendment 132 #
Proposal for a regulation
Article 29 – paragraph 7
Article 29 – paragraph 7
7. The Platform shall invite representatives of the European Parliament to attend, as observers, its meetings, including of the standing or temporary sub- groups referred to in paragraph 6. The European Parliament shall have the opportunity to provide input and recommendations to the Platform.
Amendment 133 #
Proposal for a regulation
Article 29 – paragraph 9
Article 29 – paragraph 9
9. The Platform shall take the necessary measures to ensure the safe handling and processing of confidential and commercially sensitive information in accordance with relevant Union and national legislation.
Amendment 135 #
Proposal for a regulation
Article 35 – title
Article 35 – title
Review and Evaluation
Amendment 136 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The evaluation shall take into account the result of the monitoring process as outlined in Article 31 and any other relevant data and evidence.
Amendment 137 #
Proposal for a regulation
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. By... [3 years after the date of application of this Regulation], the Commission shall review Directive 2005/36/EC in relations to this Regulation, especially Article 24, and if needed, shall make a proposal for its amendment.
Amendment 138 #
Proposal for a regulation
Article 35 – paragraph 4 a (new)
Article 35 – paragraph 4 a (new)
4a. By…[2 years after the date of application of this Regulation], and every 2 years thereafter, the Commission shall review the Annex to this Regulation and propose a delegated act to add additional technologies, if necessary.
Amendment 139 #
Proposal for a regulation
Article 37 – paragraph 1 – point 2
Article 37 – paragraph 1 – point 2
Regulation 2018/1724
Annex I
Annex I
1. information on the permit-granting process, including relevant guidelines and criteria
Amendment 140 #
Proposal for a regulation
Article 37 – paragraph 1 – point 2
Article 37 – paragraph 1 – point 2
Regulation 2018/1724
Annex I
Annex I
2. financing and investment services, including available funding mechanisms and sources
Amendment 141 #
Proposal for a regulation
Annex I – title
Annex I – title
9. Nuclear technologies (Formatting problem of AT4AM)