37 Amendments of Alexander BERNHUBER related to 2021/0203(COD)
Amendment 138 #
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 security of supply, system efficiency approach and 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 223 #
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.
Amendment 224 #
Proposal for a directive
Recital 50
Recital 50
(50) When designing policy measures to fulfil the energy savings obligation, Member States should respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Regulation (EU) 2020/85271 . Member States should not promote activities that are not environmentally sustainable such as use of solid fossil fuels. The energy savings obligation aims at strengthening the response to climate change by promoting incentives to Member States to implement a sustainable and clean policy mix, which is resilient, and mitigates climate change. Therefore, energy savings from policy measures regarding the use of direct fossil fuel combustion will not be eligible energy savings under energy savings obligation as of transposition of this Directive. It will allow aligning the energy savings obligation with the objectives of the European Green Deal, the Climate Target Plan, the Renovation Wave Strategy, and mirror the need for action identified by the IEA in its net zero report72 . The restriction aims at encouraging Member States to spend public money into future- proof, sustainable technologies only. It is important that Member States provide a clear policy framework and investment certainty to market actors. The implementation of the calculation methodology under energy savings obligation should allow all market actors to adapt their technologies in a reasonable timeframe. Where Member States support the uptake of efficient fossil fuel technologies or early replacement of such technology, for example through subsidy schemes or energy efficiency obligation schemes, energy savings may not be eligible anymore under the energy savings obligation. While energy savings resulting, for example, from the promotion of natural gas-based cogeneration would not be eligible, the restriction would not apply for indirect fossil fuel usage, for example where the electricity production includes fossil fuel generation. Policy measures targeting behavioural changes to reduce the consumption of fossil fuel, for example through information campaigns, eco- driving, should remain eligiblePolicy measures targeting behavioural changes should remain eligible and should be expanded by Member States. The energy savings from policy measures targeting building renovations may contain measures such as a replacement of fossil fuel heating systems together with building fabric improvements, which should be limited to those technologies that allow achieving the required energy savings according to the national building codes established in a Member State. Nevertheless, Member States should promote upgrading heating systems as part of deep renovations in line with the long- term objective of carbon neutrality, i.e. reducing the heating demand and covering the remaining heating demand with a carbon-free energy source. _________________ 71 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088, OJ L 198, 22.6.2020, p. 13–43. 72 IEA (International Energy Agency) (2021), Net Zero by 2050 A Roadmap for the Global Energy Sector, https://www.iea.org/reports/net-zero-by- 2050.
Amendment 233 #
Proposal for a directive
Recital 51
Recital 51
(51) Member States' energy efficiency improvement measures in transport are eligible to be taken into account for achieving their end-use energy savings obligation. Such measures include policies that are, inter alia, dedicated to promoting more efficient vehicles, a modal shift to cycling, walking and collective transport, or mobility and urban planning that reduces demand for transport. In addition, schemes which accelerate the uptake of new, more efficient vehicles or policies fostering a shift to fuels with reduced levels of emissions, except policy measures regarding the use of direct fossil fuel combustion, that reduce energy use per kilometre are also capable of being eligible, subject to compliance with the rules on materiality and additionality set out in Annex V to this Directive. Policy measures promoting the uptake of new fossil fuel vehicles should not qualify as eligible measures under the energy savings obligation.
Amendment 240 #
Proposal for a directive
Recital 54
Recital 54
(54) Member States and obligated parties should make use of all available means and technologies , except regarding the use of direct fossil fuel combustion technologies, to achieve the cumulative end-use energy savings required, including by promoting sustainable technologies in efficient district heating and cooling systems, efficient heating and cooling infrastructure and energy audits or equivalent management systems, provided that the energy savings claimed comply with the requirements laid down in Article 8 and Annex V to this Directive. Member States should aim for a high degree of flexibility in the design and implementation of alternative policy measures. Member States should encourage actions resulting in energy savings over the long lifetimes.
Amendment 296 #
Proposal for a directive
Recital 123
Recital 123
(123) Energy generated on or in buildings from renewable energy technologies reduces the amount of energy supplied from fossil fuels. The reduction of energy consumption and the use of energy from renewable sources in the buildings sector are important measures to reduce the Union's energy dependence and greenhouse gas emissions, especially in view of ambitious climate and energy objectives set for 2030 as well as the global commitment made in the context of the Paris Agreement. For the purposes of their cumulative energy savings obligation Member States may take into account energy savings from policy measures promoting renewable technologies to meet their energy savings requirements in accordance with the calculation methodology provided in this Directive . Energy savings from policy measures regarding the use of direct fossil fuel combustion should not be counted.
Amendment 311 #
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, cool, fuels, and electricity.
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘obligated party’ means an energy distributor or retail energy sales company or transmission system operator that is bound by the national energy efficiency obligation schemes referred to in Article 9;
Amendment 363 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall collectively ensure a reduction of energy consumption of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario so that the Union’s final energy consumption amounts to no more than 787 Mtoe and the Union’s primary energy consumption amounts to no more than 1023 Mtoe in 2030.91 _________________ 91 The Union’s energy efficiency target was initially set and calculated using the 2007 Reference Scenario projections for 2030 as a baseline. The change in the Eurostat energy balance calculation methodology and improvements in subsequent modelling projections call for a change of the baseline. Thus, using the same approach to define the target, that is to say comparing it to the future baseline projections, the ambition of the Union’s 2030 energy efficiency target is set compared to the 2020 Reference Scenario projections for 2030 reflecting national contributions from the NECPs. With that updated baseline, the Union will need to further increase its energy efficiency ambition by at least 9 % in 2030 compared to the level of efforts under the 2020 Reference Scenario. The new way of expressing the level of ambition for the Union’s targets does not affect the actual level of efforts neededn increase of energy efficiency of at least 9 % in 2030 compared to the projections of the 2020 Reference Scenario.
Amendment 383 #
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) availability of energy infrastructures
Amendment 484 #
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 1,5 % of annual final energy consumption, averaged over the three-year period prior to 1 January 2020.
Amendment 496 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Member States shall implement energy efficiency obligation schemes, alternative policy measures, or a combination of both, or programmalternative policy measures 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 policy measures implemented pursuant to this Article 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 513 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall designate, on the basis of objective and non- discriminatory criteria, obligated parties among transmission system operators, energy distributors, retail energy sales companies and transport fuel distributors or transport fuel retailers operating in their territory. The amount of energy savings needed to fulfil the obligation shall be achieved by the obligated parties among final customers, designated by the Member State, independently of the calculation made pursuant to Article 8(1) or, if Member States so decide, through certified savings stemming from other parties as described in point (a) of paragraph 10 of this Article.
Amendment 518 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 524 #
Proposal for a directive
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 529 #
Proposal for a directive
Article 9 – paragraph 6
Article 9 – paragraph 6
Amendment 535 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 544 #
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that enterprises with an average annual consumption higher than 150TJ of energy over the previous three years and taking all energy carriers together that do not implement an energy management system are subject to an energy audit. Energy audits shall be carried out in an independent and cost-effective manner by qualified or accredited experts in accordance with requirements provided in Article 26 or implemented and supervised by independent authorities under national legislation. Energy audits shall be carried out at least every four years from the date of the previous energy audit.
Amendment 547 #
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1
Article 11 – paragraph 2 – subparagraph 1
The results of the energy audits including the recommendations from these audits shall be transmitted to the management of the enterprise. Member States shall ensure that the results and the implemented recommendations are published in the enterprise’s annual report, where applicable.
Amendment 561 #
Proposal for a directive
Article 20 – paragraph 2 – point c
Article 20 – paragraph 2 – point c
(c) the types of maintenance service offered, where applicable;
Amendment 564 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Suppliers shall offer final customers a wide choice of paymthe possibility to choose among different methods available. Such payment methods shall not unduly discriminate between customers. Any difference in charges related to payment methods or prepayment systems shall be objective, non-discriminatory and proportionate and shall not exceed the direct costs borne by the payee for the use of a specific payment method or a prepayment system, in line with Article 62 of Directive (EU) 2015/2366 of the European Parliament and of the Council99 . _________________ 99 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC, OJ L 337, 23.12.2015, p. 35– 127.
Amendment 583 #
Proposal for a directive
Article 22 – paragraph 3 – point c
Article 22 – paragraph 3 – point c
c) where applicable, carry out early, forward-looking investments into energy efficiency improvement measures before distributional impacts from other policies and measures show effect, while taking into account the EU's own goals for security of supply and affordability of energy;
Amendment 599 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Member States shall ensure that the public is, as well as the main industry stakeholders among others, are given the opportunity to participate in the preparation of heating and cooling plans, the comprehensive assessment and the policies and measures.
Amendment 626 #
Proposal for a directive
Article 23 – paragraph 6 a (new)
Article 23 – paragraph 6 a (new)
6a. In those municipalities having a total population lower than 50.000 where industrial installations can make renewable heating and cooling available to the community, Member States shall encourage regional and local authorities to prepare local heating and cooling plans. Those plans should at least: (a) be based on the information and data provided in the comprehensive assessments carried out pursuant to paragraph 1 to provide estimate and mapping of the potential for increasing energy efficiency, including via waste heat recovery, and renewable energy in heating and cooling in that particular area; (b) include a strategy for the use of the identified potential pursuant to paragraph 6(a); (c) be prepared with the involvement of all relevant regional or local stakeholders and ensure participation of general public; (d) consider the common needs of local communities and multiple local or regional administrative units or regions; (e) include the monitoring of the progress of implementation of policies and measures identified.
Amendment 649 #
Proposal for a directive
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
c. from 1 January 2035, a system using at least 50% renewable energy and waste heat, where the share of renewable energy is at least 20%, 90% of high- efficiency cogenerated heat or a combination of such thermal energy going into the network where the share of renewable energy is at least 10% and the total share of renewable energy, waste heat or high-efficiency cogenerated heat is at least 50%;
Amendment 672 #
Proposal for a directive
Article 24 – paragraph 1 – point e a (new)
Article 24 – paragraph 1 – point e a (new)
ea. in line with the energy efficiency first principle, the renewable energy target should not be applied where there's enough waste heat available that, if not used in district heating, would get lost.
Amendment 695 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. National energy regulatory authorities shall apply the energy efficiency first principle in accordance with Article 3 of this Directive in carrying out the regulatory tasks specified in Directives (EU) 2019/944 and 2009/73/EC regarding their decisions on the operation of the gas and electricity infrastructure , including their decisions on network tariffs , taking into account the system efficiency across sectors.
Amendment 704 #
2. Member States shall ensure that gas and electricity transmission and distribution system operators apply the energy efficiency first principle in accordance with Article 3 of this Directive in their network planning, network development and investment decisions. While taking security of supply, operational security and market integration into account, Member States shall ensure that transmission system operators and distribution system operators do not invest in strandedfuture proof assets to contribute to climate change mitigation. National regulatory authorities shall provide methodologies and guidance on how to assess alternatives in the cost- benefit analysis, taking into account wider benefits, and verify the implementation of the energy efficiency first principle by the transmission system operators or distribution system operators when approving, verifying or monitoring the projects submitted by the transmission system operators or distribution system operators.
Amendment 705 #
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. Member States shall ensure that transmission and distribution system operators map network losses and take cost-effective measures to reduce network losses. Transmission and distribution system operators shall report those measures and expected energy savings through the reduction of network losses to the national energy regulatory authority. National energy regulatory authorities shall limit the possibility for transmission and distribution system operators to recover avoidable network losses from tariffs paid by consumer. National regulatory authorities shall encourage transmission and distribution system operators to optimize network losses and monitor the development of network losses. Member States shall ensure that transmission and distribution system operators assess energy efficiency improvement measures with regard to their existing gas or electricity transmission or distribution systems and improve energy efficiency in infrastructure design and operation. Member States shall encourage transmission and distribution system operators to develop innovative solutions to improve the energy efficiency of existing systems through incentive based regulations.
Amendment 740 #
Proposal for a directive
Annex III – point a – paragraph 1 – indent 3
Annex III – point a – paragraph 1 – indent 3
— direct emissions of the carbon dioxide from cogeneration production that is fuelled with fossil fuels, are less than 270 gCO2 per 1 kWh of energy output from the combined generation (including heating/cooling, power and mechanical energy)the most polluting fossil fuels. For existing plants this criteria may apply starting with 2030.
Amendment 752 #
Proposal for a directive
Annex V – point 2 – point e
Annex V – point 2 – point e
(e) Member States cannot count reduced energy use in sectors, including the transport and building sector, that would have occurred in any event as a result of emission trading pursuant to the EU ETS Directive towards the fulfilment of the energy savings obligation pursuant to Article 8(1). If an entity is an obligated party under a national energy efficiency obligation scheme under Article 9 of this Directive and under the EU Emissions Trading System for buildings and road transport [COM(2021) 551 final,2021/0211 (COD)], the monitoring and verification system shall ensure that the carbon price passed through when releasing fuel for consumption [according Article 1(21) of COM(2021) 551 final,2021/0211 (COD)] is taken into account when calculating and reporting the energy savings of its energy saving measures;
Amendment 753 #
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 759 #
Proposal for a directive
Annex V – point 2 – point h
Annex V – point 2 – point h
Amendment 770 #
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 776 #
Proposal for a directive
Annex VI – paragraph 1 – point c
Annex VI – paragraph 1 – point c
(c) identify energy efficiency measurescomprise a detailed review of the existing energy efficiency measures and identify the technical potential and the economic feasibility to decrease energy consumption;
Amendment 779 #
Proposal for a directive
Annex VI – paragraph 1 – point d
Annex VI – paragraph 1 – point d
(d) identify thecomprise a detailed review of the current potential for cost- effective use or production of renewable energy and identify the technical potential and economic feasibility for further improvements;
Amendment 780 #
Proposal for a directive
Annex VI – paragraph 2
Annex VI – paragraph 2
Energy audits shall allow detailed and validated calculations for the proposed measures so as to provide clear information on potential savings and pay-back time for the relevant investments.