45 Amendments of Pietro FIOCCHI related to 2023/0081(COD)
Amendment 191 #
Proposal for a regulation
Recital 14
Recital 14
(14) A key bottleneck for carbon capture investments that are today increasingly economically viable is the availability of operating CO2 storage sites in Europe, which underpin the incentives from Directive 2003/87/EC. To scale up the technology and expand its leading manufacturing capacities, the EU needs to develop a forward-looking supply of permanent geological CO2 storage sites permitted in accordance with Directive 2009/31/EU36 . By defining a Union target of 50 million tonnes of annual operational CO2 injection capacity by 2030, in line with the expected capacities needed in 2030, the relevant sectors can coordinate their investments towards a European Net- Zero CO2 transport and storage value chain that industries can use to decarbonise their operations. This initial deployment will also support further CO2 storage in a 2050 perspective. According to the Commission’s estimates, the Union could need to capture up to 550 million tonnes of CO2 annually by 2050 to meet the net zero objective37 , including for carbon removals. Such a first industrial-scale storage capacity will de-risk investments into the capturing of CO2 emissions as important tool to reach climate neutrality. When this regulation is incorporated into the EEA Agreement, the Union target of 50 million tonnes of annual operational CO2 injection capacity by 2030 will be adjusted accordingly. To ensure the achievement of Union’s target Member States shall take the necessary measures to facilitate and incentivize the deployment of carbon capture and storage projects. Such measures may include measures incentivizing emitters to capture emissions, funding support for investors for needed infrastructure to transport CO2 to the storage site and direct funding of CO2 storage projects. _________________ 36 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance), (OJ L 140, 5.6.2009, p. 114). 37 In depth analysis in support of the Commission Communication (2018/773) A Clean Planet for all. A European long-term strategic vision for a prosperous, modern, competitive and climate neutral economy.
Amendment 200 #
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 50 million tonnes of annual operational CO2 injection capacity by 2030, the sector needs to pool its contributions to ensure that carbon capture and storage as a climate solution is available ahead of demanda value-chain approach should be fostered by actions taken both at EU and national level in order for licensees of oil and gas production in the EU to take the measures within their power to undertake the necessary investments in carbon capture and storage and in order to develop a viable business model for the entire carbon dioxide value chain. In order to ensure a timely, Union- wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 425 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
a) that by 2030, manufacturing capacity in the Union of the strategic net- zero technologies listed in the Annex approaches or reaches a benchmark of at least 40% of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets;. Union manufacturers of solar photovoltaic (PV) technologies shall reach around 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain.
Amendment 492 #
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, parts, materials, except raw materials identified as critical and strategic raw materials under the Critical Raw Materials Act, 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 507 #
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; all sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal or zero waste from the fuel cycle,including fusion, 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 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 751 #
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 the 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 822 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall recognise as net-zero strategic projects CO2 capture projects, and CO2 infrastructure projects necessary for the transport of captured CO2 to CO2 storage sites, and CO2 storage projects that meet the following cumulative criteria:
Amendment 841 #
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) the CO2 capture project and the CO2 infrastructure projects necessary to transport the captured CO2 to CO2 storage sites relevant for the rollout of the plans referred to in Article 18 (4)
Amendment 902 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. Net-zero strategic projects shall be considered to contribute to the Union’s 2030 target of reducing net greenhouse gas emissions by at least 55 % relative to 1990 levels and the Union’s 2050 climate neutrality target, as defined by Regulation (EU) 2021/1119, and therefore net-zero strategic projects that produce environmental effects during the construction phase of the project, but reduce emissions when the net-zero strategic projects are in operation, shall be considered to have fulfilled all requirements in Articles 6(4) and 16(1) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC) and competent authorities shall not include these temporary construction emissions in the permit granting decision.
Amendment 929 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary stepsrelevant permit granting application to be considered as approved, except where the specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle of. In either such event, the administrative tacit approval does not exist in the national legal system. This provision shall not apply to final decisions on the outcome of the process, which are to be explicitperiod shall be extended by a maximum of two months. All decisions shall be made publicly available.
Amendment 935 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Accelerating implementation and cross- border cooperation
Amendment 954 #
Proposal for a regulation
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. Member States may provide administrative and financial support to net-zero strategic projects to facilitate their rapid and effective implementation, including by providing:
Amendment 963 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. In order to accelerate implementation of projects to meet the EU objective set by Article 16, it shall be possible for Member States to cooperate on joint carbon dioxide storage projects under the mechanisms foreseen by Article 16(3) of this Regulation.
Amendment 977 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Net-Zero Europe Platform as established in Article 28 shall discuss financial needs and bottlenecks of net-zero strategic projecttechnologies, potential best practices, in particular to develop EU cross-border supply chains, notably based on regular exchanges with the relevant industrial alliances.
Amendment 982 #
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. The Net-Zero Europe Platform shall, at the request of the net-zero strategic project promoter, discuss and advise on how the financing of its project can be completed, taking into account the funding already secured and considering at least the following elements:
Amendment 993 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The Net-Zero Europe Platform shall propose the creation of an additional funding instrument at European Union level. This instrument shall provide an ambitious and accelerated financial support for large-scale net-zero technologies projects, both in terms of capital and operational expenditure for the entire supply chains, to create a competitive and attractive environment in the European Union and conditions of fair competition with third countries.
Amendment 1018 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
The Commission shall assess reports referred to in Article 18 (4) and submitted by entities referred to in Article 18 (1) by 31 January 2025 and shall adjust the target date of 2030 if necessary, with the aim of reflecting objective commercial, financial, technical, legal, and environmental limitations outside the control of the entities.
Amendment 1024 #
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
To achieve the Union-wide target foreseen by paragraph 1, in line with Article 14(3) and to reflect the decarbonization needs and efforts of all Member States, it shall be possible for Member States to financially support carbon dioxide storage projects in another Member State where there is available storage capacity. To this end the Commission is empowered to adopt a delegated act in accordance with Article 32 to set up a Union-wide CCS financing mechanism and make a proposal for a suitable budgetary allocation.
Amendment 1036 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 1041 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) for the purpose of point a, oblige entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council71 on their territory to make publicly available all, in areas where CO2 storage sites can be licensed or permitted, to make available on a non- reliance basis all raw geological data relating to production sites that have been decommissioned or whose decommissioning has been notified to the competent authority. _________________ 71 Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorizations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3).
Amendment 1060 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
(c) the national support measures that could, including the identified direct funding needs, that are to be adopted to prompimplement projects referred to in points (a) and (b).
Amendment 1087 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each entity holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC shall be subject to an individual contribution tocontributes to meet the Union- wide target for available CO2 injection capacity set in Article 16. Those individual contributions shall be calculated pro-rata on the basis of each entity’s share in the Union’s crude oil and natural gas production from 1 January 2020 to 31 December 2023 and. The contribution shall consist of CO2 injection capacity in a storage site permitted in accordance with Directive 2009/31/EC on the geological storage of carbon dioxide and available to the market by 2030.
Amendment 1109 #
Proposal for a regulation
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Within twelve months of the entry into force of the Regulation, the entities referred to in paragraph 1 shall submit to the Commission a plan detailing how they intend to meet theircan contributione to Union CO2 injection capacity objective by 2030. Those plans shall:
Amendment 1112 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) confirm the entity's contribution, expressed in terms of targetedforeseen volume of new CO2 storage and injection capacity commissioned by 2030;
Amendment 1115 #
Proposal for a regulation
Article 18 – paragraph 4 – point b
Article 18 – paragraph 4 – point b
(b) specify the means and the milestones for reaching the targeted volumeforeseen contribution.
Amendment 1116 #
Proposal for a regulation
Article 18 – paragraph 4 – point b a (new)
Article 18 – paragraph 4 – point b a (new)
(ba) specify the assumptions and conditions independent from their will and power based on which the plan is built, including expected permitting and licensing timelines, regulatory scenarios, financial arrangements and funding gaps.
Amendment 1122 #
Proposal for a regulation
Article 18 – paragraph 5 – introductory part
Article 18 – paragraph 5 – introductory part
5. To meet their targeted volumes of availablecontribute to Union CO2 injection capacity objective, entities referred to in paragraph 1 can do any of the following:
Amendment 1132 #
Proposal for a regulation
Article 18 – paragraph 5 a (new)
Article 18 – paragraph 5 a (new)
5a. The European Union and its Member States shall take the necessary measures to facilitate entities referred to in paragraph 1 to contribute to the EU objective set by Article 16, including by financially supporting, where needed, the deployment of projects developed by these entities.
Amendment 1133 #
Proposal for a regulation
Article 18 – paragraph 5 b (new)
Article 18 – paragraph 5 b (new)
Amendment 1138 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Two years after the entry into force of the Regulation and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the Commission detailing their progress towards meeting their contribution. The Commission shall make these repor to the Union CO2 injection capacity objective. The Commission shall assess if and to what extent the progress against reaching the individual contribution is hindered by the relevant Member States failing to comply with obligation under Article 12 to 14 and make these reports and the relative assessments public.
Amendment 1144 #
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
6a. If the Commission’s assessments find that the relevant Member State has failed to comply with obligations under Articles 12, 13, 14, 17, or the conditions set at paragraph 5a are not met, the foreseen contribution of entities referred to in paragraph 1 shall be revised accordingly. The entities may spontaneously notify the Commission that the assumptions under paragraph 4(c) are not being met.
Amendment 1149 #
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
6b. Two years after the entry into force of the Regulation and every year thereafter, the Commission shall – based on these contribution-specific assessments mandated by paragraph 6 – produce a report evaluating the collective Union progress against the 50 million tonnes of CO2 target, produce suitable country- specific recommendations as well as propose Union-wide instruments including a suitable financing allocation to ensure the target is achieved.
Amendment 1154 #
Proposal for a regulation
Article 18 – paragraph 7 – point b
Article 18 – paragraph 7 – point b
(b) The content of the reports referred to in paragraph 6 as well as the methodology based on which the Commission will assess them.
Amendment 1187 #
Proposal for a regulation
Article 19 – paragraph 2 – point a a (new)
Article 19 – paragraph 2 – point a a (new)
(aa) social and governance criteria, based industry best practices on supply chain transparency.
Amendment 1206 #
Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
Article 19 – paragraph 2 – point d a (new)
(da) By 1 June 2024, the Commission shall publish guidelines to clarify how contracting authorities and contracting entities should apply criteria for sustainability and resilience contribution in public procurement procedures. In doing so, the Commission shall consult relevant stakeholders.
Amendment 1219 #
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 15% and 30% 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). The cumulative weight of sustainability and resilience criteria referred to in paragraph 2 of this article shall not be above 30% of the award criteria.
Amendment 1228 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 1233 #
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 10% may be presumed by contracting authorities and contracting entities to be disproportionate. No later than [2 years after the date of entry into force of this Regulation], the Commission shall evaluate whether this cost difference threshold needs to be modified to provide for stronger safeguards for contracting authorities and contracting entities. 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 1255 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability and resilience contribution shall be given a weight between 15% and 30% 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. The cumulative weight of sustainability and resilience criteria referred to in paragraph 2 of this article shall not be above 30% of the award criteria.
Amendment 1261 #
Amendment 1266 #
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 10% may be presumed by contracting authorities and contracting entities to be disproportionate. No later than [2 years after the date of entry into force of this Regulation], the Commission shall evaluate whether this cost difference threshold needs to be modified to provide for stronger safeguards for contracting authorities and contracting entities.
Amendment 1403 #
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, to collaborate in the development of innovative technologies as defined under this act 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 discuss:
Amendment 1424 #
Proposal for a regulation
Article 28 – paragraph 4 – point c – point i
Article 28 – paragraph 4 – point c – point i
i) the potential contribution to security of supply, taking into account their manufacturing capacity of net-zero and innovative technologies;
Amendment 1433 #
5. Member States shall support the Commission in the implementation of the cooperation measures set out in the Net- Zero Industrial Partnership. Net-Zero Industrial Partnerships will have the objective of facilitating trade among participants, including by favouring necessary investments within the Union and in third countries, enhancing resilience and sustainability of the supportive value chains promoting industrial application of high-tech strategic options, and guaranteeing a level playing field.
Amendment 1533 #
Proposal for a regulation
Annex I – table 1
Annex I – table 1
1. Solar photovoltaic and solar thermal technologies 2. Onshore wind and offshore renewable technologies 3. Battery/storage technologies 4. Heat pumps and geothermal energy technologies 5. Electrolysers and fuel cells 6. Sustainable biogas/biomethane and sustainable fuels technologies 7. Carbon Capture and storage (CCS) technologies 8. Grid technologies