33 Amendments of Damian BOESELAGER related to 2022/0164(COD)
Amendment 45 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Versailles Declaration of 10-11 March 2022 of the Heads of States and Governments invited the Commission to propose by the end of May a REPowerEU plan to phase out the dependency on Russian fossil fuel imports, which was subsequently reiterated in the European Council Conclusions of 24-25 March 2022. This should be done well before 2030 in a way that is consistent with the EU’s Green Deal and the climate objectives for 2030 and 2050 enshrined in the European Climate Law. Regulation (EU) 2021/241 should therefore be amended to enhance its ability to support reforms and investments dedicated to diversifying energy supplies, in particular fossil fuelending the Union's dependence on fossil fuels by boosting energy efficiency and the deployment of sustainable renewable energy sources across sectors, thereby strengthening the strategic autonomy of the Union alongside an open economy. Support should also be given to reforms and investments increasing the energy efficiencydecarbonisation of the Member States’ economies.
Amendment 47 #
Proposal for a regulation
Recital 4
Recital 4
(4) To maximise complementarity, consistency and coherence of policies and actions taken by the Union and Member States to foster independence and security of the Union’s energy supply, these energy-related reforms and investments should be established through a dedicated ‘REPowerEU chapter’ of the recovery and resilience plans. In order to promote the objectives of the Treaty on the Functioning of the European Union related to economic, social and territorial cohesion, REPowerEU should support all regions. To provide balanced and gradual support and reflect the level of economic and social development, Member States shall ensure an appropriate allocation of resources among the categories of region listed in Article 108(2) of Regulation 2021/1060 when deciding on the internal distribution of funding under the REPowerEU chapter.
Amendment 57 #
Proposal for a regulation
Recital 6
Recital 6
(6) The REPowerEU chapter should include new reforms and investments contributing to the REPowerEU aims. Furthermore, that chapter should contain an outline of other measures, financed from sources other than the Recovery and Resilience Facility, contributing to the energy-related objectives outlined in recital (3). The outline should cover measures whose implementation should take place between 1 February 2022 to 31 December 2026, the period during which the objectives set by this Regulation are to be achieved. As regards natural gas infrastructure, the investments and reforms of the REPowerEU chapters to diversify supply away from Russia shouldIt is imperative to swiftly increase investments in energy efficiency measures, such as replacement of gas buoild on the needs currently identified through the assessment conducted and agreed by the European Network of Transmission System Operators for Gas (ENTSOG), established in the spirit of solidarity as regards security of supply and take into account the reinforced preparedness measures taken to adapt to new geopolitical threaters with heat pumps, that present a sustainable and effective way to address some of the most pressing challenges of energy supply and energy cost, as well as to support energy-poor and vulnerable consumers. Finally, the REPowerEU chapters should provide an explanation and a quantification of the effects of the combination of the reforms and investments financed by the Recovery and Resilience Facility and the other measures financed by other sources than the Recovery and Resilience Facility.
Amendment 67 #
Proposal for a regulation
Recital 10
Recital 10
(10) The recovery and resilience plan, including the REPowerEU chapter, should contribute to effectively addressing all or a significant subset of the challenges identified in the relevant country-specific recommendations, including the country- specific recommendations to be adopted under the 2022 Semester cycle which refer inter alia, in particular those related to the energy challenges that Member States are facing.
Amendment 70 #
Proposal for a regulation
Recital 12
Recital 12
(12) Pursuant to Article 18(4) point (q) of Regulation (EU) 2021/241, the Member States should also provide a summary of the consultation process of local and regional authoritiedetailed report of the mandatory consultation process conducted in line with EU standards on public participation and in particular the Code of Conduct on Partnership of local and regional authorities, civil society organisations, social partners and other relevant stakeholders, including, as relevant, from the agricultural sector, for reforms and investments included in the REPowerEU chapter. Such summariereports should explain the outcome of those consultations and outline how the input received was reflected in REPowerEU chapters. referring explicitly to the input not reflected, the precise reasons for its exclusion and in particular why alternative measures proposed by stakeholders that do not require new infrastructure investments were not taken on board.
Amendment 78 #
Proposal for a regulation
Recital 13
Recital 13
(13) The application of the ‘do no significant harm’ principle is essential to ensure that the investments and reforms undertaken as part of the recovery from the pandemic are implemented in a sustainable manner. It should continue to apply to the reforms and investments supported by the Facility, with one targeted exemption to safeguard the EU’ immediate energy security concerns. Considering the objective of diversifying energy supplies away from Russian suppliers, the reforms and investments set out in those REPowerEU chapters which aim to improve energy infrastructure and facilities to meet immediate security of supply needs for oil and gas should not be required to comply with the principle of ‘do no significant harm’ and should therefore be exempted from such assessment.
Amendment 118 #
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should monitor the implementation of reforms and investments outlined in the REPowerEU chapter and their contribution to the REPowerEU objectives, as established in Regulation (EU) 2021/241. In particular, the Commission should assess how the recovery and resilience plans and their REPowerEU chapters contribute to upward economic and social convergence and prioritise energy poor and vulnerable consumers, also taking into account social and regional inequalities.
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2021/241
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In line with the six pillars referred in Article 3 of this Regulation, the coherence and synergies they generate, and in the context of the COVID-19 crisis, the general objective of the Facility shall be to promote the Union’s economic, social and territorial cohesion by improving the resilience, crisis preparedness, adjustment capacity and growth potential of the Member States, by mitigating the social and economic impact of that crisis, in particular on women, by contributing to the implementation of the European Pillar of Social Rights, by supporting the green transition, by contributing to the achievement of the Union’s 2030 climate targets set out in point (11) of Article 2 of Regulation (EU) 2018/1999, and by complying with the objective of EU climate neutrality by 2050 and of the digital transition, by increasing the resilience of the Union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at Union levccelerated transition to a highly efficient and fully renewables-based energy system in view of ending dependence on fossil fuels (‘REPowerEU objectives’) thereby contributing to the upward economic and social convergence, restoring and promoting sustainable growth and the integration of the economies of the Union, fostering high quality employment creation, and contributing to the strategic autonomy of the Union alongside an open economy and generating European added value.
Amendment 138 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/241
Article 17 – paragraph 2
Article 17 – paragraph 2
(2 a) In Article 17, paragraph 2 is amended as follows: "2. Measures started from 1 February 2020 onwards shall be eligible provided that they comply with the requirements set out in this Regulation. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021R0241) with the exception of measures included in the REPowerEU chapters, which may only start as from February 2022. " Or. en
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2021/241
Article 18 – paragraph 4 – point ea (new)
Article 18 – paragraph 4 – point ea (new)
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2021/241
Article 18 – paragraph 4 – point q
Article 18 – paragraph 4 – point q
(q) for the preparation and, where available, for the implementation of the recovery and resilience plan, a summarydetailed report of the consultation process, conducted in accordance with the national legal frameworkEU standards on public participation and in particular the Code of Conduct on Partnership, of local and regional authorities, social partners, civil society organisations, youth organisations and other relevant stakeholders, and how the input of the stakeholders is reflected in the recovery and resilience plan; in particular, the summaryreport of the consultation process shall explain the outcomprocess, timeline, the outcome and the scope of the consultations with local and regional authorities, the social partners as well as civil society and other relevant stakeholders on reforms and investments included in the REPowerEU chapter and outline how the input received was reflected in the REPowerEU chapter; referring explicitly to the input not reflected, the precise reasons for its exclusion and in particular why alternative measures proposed by stakeholders that do not require new infrastructure investments were not taken on board.
Amendment 154 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
(da) without prejudice to point (e) under this paragraph whether the reforms and investments referred to in Article 21c(1) effectively contribute towards the diversification of the Union’s energy supply orsignificant reduction of dependence on fossil fuels before 2030. and whether they account for an amount which represents at least 85% of the RepowerEU chapter’s total allocation;
Amendment 172 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EU) 2021/241
Article 34 – paragraph 3 a (new)
Article 34 – paragraph 3 a (new)
Amendment 173 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) 2021/241
Article 34 – paragraph 3 b (new)
Article 34 – paragraph 3 b (new)
Amendment 176 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21a
Article 21a
Amendment 180 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21a – paragraph 1
Article 21a – paragraph 1
(1) EUR 20 000 000 000 in current prices shall be available, in line with Article 10e(4) of Directive 2003/87/EC, for implementation under this Regulation to increase the resilience of the Union energy system through a decrease of dependence on fossil fuels and diversification of energy supplies at Union levelby boosting investments in energy efficiency and renewable energy generation. That amount shall be made available in the form of external assigned revenue within the meaning of Article 21(5) of the Financial Regulation.
Amendment 195 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21a – paragraph 3
Article 21a – paragraph 3
(3) The amount referred to in paragraph 1 shall be allocated exclusively to measures referred to in point b), c) and d) under Article 21c(1).
Amendment 203 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21b – paragraph 1 – point a
Article 21b – paragraph 1 – point a
(a) Resources may be transferred under Article 26a of Regulation (EU) 2021/1060 to support measures referred to in Article 21c(1) of this Regulation, provided that the Member State has already requested transfers from a given Fund up to the ceiling of 5% in accordance with the first and second sub-paragraphs of Article 26(1) to the maximum amount of their national envelopes for the year 2022. The notification of such a transfer shall exceptionally constitute a budgetary commitment if it takes place following the entry into force of this regulation and during the budgetary year 2022. Resources may be transferred under Article 26a of Regulation (EU) 2021/1060 to support measures referred to in Article 21c(1) points b), c) and d) of this Regulation. Member states shall ensure that any amounts transferred will benefit the NUTS level 2 regions listed in Article 108 (2) of Regulation 2021/1060.
Amendment 206 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21b – paragraph 1– point b
Article 21b – paragraph 1– point b
(b) Resources allocated under Article 81a of Regulation (EU) 2021/2115 shall support measures in Article 21c(1)(b) of this Regulation for farm investments for the benefit of farmers or groups of farmers, in particular to contribute reducing the use of synthetic fertilisers, increasing production of renewable energy and sustainable biomethane, and boosting energy efficiencyproduced from waste and residue feedstock as listed in Annex IX - Part A of Directive (EU) 2018/2001 and boosting energy efficiency. Measures to increase production of renewable energy and biomethane shall comply with applicable sustainability and greenhouse gas emissions savings criteria under Article 29 of Directive 2018/2001, and as concerns sustainable biomethane production shall monitor and limit methane leakages as far as possible.
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point a
Article 21c – paragraph 1 – point a
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b
Article 21c – paragraph 1 – point b
(b) with priority for the needs of energy-poor and vulnerable households, boosting energy efficiency and savings in buildings, decarbonising industry, increasing production and uptake of sustainable biomethane and renewable or fossil-free hydrogen and increasing the share of renewable energyrenewable energy sources, as defined under and meeting the sustainability criteria set out in Directive (EU) 2018/2001, in particular thermal renewable energy sustainable biomethane and renewable fuels of non-biological origin (RFNBOs) thereby increasing the share of renewable energy, including by improving related electrification infrastructure and facilities,
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point a a (new)
Article 21c – paragraph 2 – point a a (new)
(a a) a qualitative explanation of how the measures in that chapter are expected to contribute to the green transition, including biodiversity, or to addressing the challenges resulting there from, and whether they account for an amount that represents at least 85 % of the chapter’s total allocation, based on the methodology for climate tracking set out in Annex VI; The estimated costs of the reforms and investments of the REPowerEU chapter above 37% shall not be taken into account for the calculation of the plan’s total allocation under Article 18(4) point (e) and Article 19 (3) point (e).
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point c
Article 21c – paragraph 2 – point c
(c) an explanation on how the combination of the measures referred to in paragraph 1 and points (a) and (b) of this paragraph is coherent, effective and expected to contribute to the REPowerEU objectives, including a quantification of the energy savingsand are in line with the National Energy and Climate Plans of that Member State and with the EU climate targets set out in Regulation (EU) 2021/1119, including a quantification of the energy savings and an explanation of how green and more energy efficient solutions that do not require new infrastructure investments were prioritised.
Amendment 251 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point c a (new)
Article 21c – paragraph 2 – point c a (new)
(c a) an impact assessment on how the measures referred to in paragraph 1 will support energy poor and vulnerable consumers as well as social, regional and other intersecting inequalities.
Amendment 255 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 2 – point c b (new)
Article 21c – paragraph 2 – point c b (new)
(c b) where applicable, an outline of reforms and investments in the already adopted Council implementing decisions that need to be revised in order to contribute to the REPowerEU objectives;
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 4
Article 21c – paragraph 4
Amendment 277 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21d – paragraph 2a (new)
Article 21d – paragraph 2a (new)
(2 a) The Commission shall assess how the measures outlined in the REPowerEU chapter prioritized support for energy poor and vulnerable consumers, also taking into account social and regional inequalities.
Amendment 278 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21e (new)
Article 21e (new)
Article 21e Access to justice 1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions: (a) that fail to comply with the legal obligations provided for in this Regulation; or (b) that are subject to Article 10 of Regulation (EU) 2018/1999. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations arising under this Regulation includes an act or omission with respect to a policy or measure adopted for the purposes of implementing those obligations, where that policy or measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.
Amendment 297 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12.
Annex V – section 2 – point 2.12.
2.12. The measures referred to in Article 21c (1) and (2) are expected to effectively contribute towards the Union’s security of supply for the Union as a whole, notably through a diversification of energy supply orrapid deployment of energy efficiency measures and significant reduction of dependence on fossil fuels before 2030.’.
Amendment 298 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – indent 1
Annex V – section 2 – point 2.12 – indent 1
Amendment 302 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – indent 2
Annex V – section 2 – point 2.12 – indent 2
— the implementation of the envisaged measures is expected to significantly contribute to boosting of deep renovation energy efficiency in buildings, decarbonising industry, increasing production and uptake of sustainable biomethane and renewable or fossil free hydrogen and increasing the share of renewable energyrenewable energy sources as defined under the sustainable criteria set out in Directive (EU) 2018/2001, thereby increasing the share of renewable energy across the Union's economy, including by improving related electrification infrastructure and facilities,
Amendment 304 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – indent 5
Annex V – section 2 – point 2.12 – indent 5
— whether the measures and explanation, provided under Article 21c (1) are complementary to each other and significantly contribute, together with measures under Article 21c(2), points (a) and (b), to achieve the Union’s diversification of energy supply orsignificant reduction of dependence on fossil fuels before 2030.’
Amendment 306 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Regulation (EU) 2021/241
Annex V – section 2 – point 2.12 – indent 5a (new)
Annex V – section 2 – point 2.12 – indent 5a (new)
- whether the measures to improve energy efficiency and savings prioritise the support for energy-poor and vulnerable households.