34 Amendments of Eugen JURZYCA related to 2023/0081(COD)
Amendment 2 #
Proposal for a regulation
Recital 6
Recital 6
(6) The net-zero transformation is already causing huge industrial, economic, and geopolitical shifts across the globe, which will become ever more pronounced as the world advances in its decarbonisation efforts. The road to net zero translates into strong opportunities for the expansion of Union’s net-zero industry, making use of the strength of the Single Market, by promoting investment in technologies in the field of renewable energy technologies, electricity and heat storage technologies, heat pumps, grid technologies, renewable fuels of non- biological origin technologies, electrolysers and fuel cells, fusion, nuclear energy technologies including small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies and their supply chains, allowing for the decarbonisation of our economic sectors, from energy supply to transport, buildings, and industry. A strong net zero industry within the European Union can help significantly in reaching the Union’s climate and energy targets effectively, as well as in supporting other Green Deal objectives, while creating jobs and growth.
Amendment 3 #
Proposal for a regulation
Recital 10
Recital 10
(10) To achieve the 2030 objectives a particular focus is needed on some of the net-zero technologies, also in view their significant contribution towards the path to net zero by 2050. These technologies include solar photovoltaic and solar thermal technologies, nuclear energy technologies, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane, carbon capture and storage technologies and grid technologies. These technologies play a key role in the Union’s open strategic autonomy, ensuring that citizens have access to clean, affordable, secure energy. Given their role, these technologies should benefit from even faster permitting procedures, obtain the status of the highest national significance possible under national law and benefit from additional support to crowd-in investments.
Amendment 8 #
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 indicative criteria relating to the tender’s environmental sustainability, innovation, system integration and to resilience.
Amendment 14 #
Proposal for a regulation
Recital 28
Recital 28
(28) For the purposes ofThe sustainability and resilience contribution takingen into account within ain 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 singleof strategic net-zero technology focuses, with regard to the resilience criterion, on security of supply, in particular on diversification of sources of supplies for more than 65% of the demand for a specific net-zero technology within the Uniony, without prejudice to the Union’s international commitments.
Amendment 18 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The tender’s contribution to sustainability and resilience are in no way to be used by contracting authorities or contracting entities to favour national suppliers over suppliers from other EU Member States.
Amendment 25 #
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) The European industrial agenda is not protectionist. The EU must be and remain the guardian of rules-based trade. The motto is ‘to protect without protectionism’: protecting our people, jobs and industry, without being protectionist. We act decisively against dumping in our internal market and do not tolerate unfair competition. At the same time, the EU closely monitors the proper functioning of the internal market and ensures there is a level playing field.
Amendment 34 #
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 in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. 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 regionsshould in no way distort the level playing field within the internal market and aid amounts should be strictly proportionate. 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, especially to the detriment of small(er) and less wealthy Member States. 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. The EU closely monitors and evaluates the impact and consequences of this temporary framework, particularly as regards the proper functioning of the internal market. A distortion of the proper functioning of the internal market cannot in any way be overcome by a European fund. Taking on new European debt is out of the question.
Amendment 35 #
Proposal for a regulation
Recital 47
Recital 47
(47) A European Sovereignty Fund would provide a structural answer to the investment needs, but no new European debt will be taken on for this. It will help preserving a European edge on critical and emerging technologies relevant to the green and digital transitions, including net- zero technologies. This structural instrument will build on experience of coordinated multi-country projects under the IPCEIs and seek to enhance all Member States’ access to such projects, thereby safeguarding cohesion and the Single Market against risks caused by unequal availability of State Aid. The temporary flexibility provided by the State aid rules should not in any way interfere with the level playing field within the internal market and be used as justification for new European debt. The unity of the internal market and the equality of Member States must be closely monitored, with a particular focus on small(er) Member States.
Amendment 36 #
Proposal for a regulation
Recital 52
Recital 52
(52) In order to reduce complexity and increase efficiency and transparency, project promoters of net-zero technologies manufacturing projects should be able to interact with a single national or federal authority responsible for coordinating the entire permit granting process and issuing a comprehensive decision within the applicable time limit. To that end, Member States should designate a single national competent authority or one competent authority per federal State, in line with the basic constitutional structures of the Member States as guaranteed by Article 4(2) TEU. Depending on a Member State’s internal organisation, it should be possible for the tasks of the national or federal competent authority to be delegated to a different authority, subject to the same conditions. To ensure the effective implementation of their responsibilities, Member States should provide their national or federal competent authorityies, or any authority acting on their behalf, with sufficient personnel and resources.
Amendment 37 #
Proposal for a regulation
Recital 63 a (new)
Recital 63 a (new)
(63a) Far from choosing the path of state dirigisme, the European Union recognises the need for supple governments that create a stable legal framework that provides legal certainty to businesses and encourages investment. Competitiveness and completion of the internal market, including a capital union, are two absolute policy priorities. There is also a need for a further shift in the EU budget, allocating more resources for innovation, research and development. The EU needs a proactive welfare and jobs agenda, which also benefits open economies.
Amendment 38 #
Proposal for a regulation
Recital 66
Recital 66
(66) Building on previous experiences, such as the EU Pact for Skills and the European Battery Alliance, European Net- Zero Industry Academies should support the Member States in developing and deploying education and training content to upskill and reskill workers required for key net-zero technology value chains, such as solar photovoltaic and solar thermal technologies, renewable hydrogen technologies and raw materials. The academies would aim to enable the training and education of 100.000 learners each, within three years of their establishment, to contribute to the availability of skills required for the net-zero technologies, including in small and medium-sized enterprises. That content should be developed and deployed with education and training providers in Member States, relevant Member States authorities and social partners. Education and training providers, industry and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should deliver the content produced by the academiesEducation and training providers, industry, social partners and other actors involved in up- and reskilling in the Member States, such as Public Employment Services, should develop and deploy the content. To this end, European academia shall support Member States and fully respect Member States’ competences as regards (vocational) training, in accordance with Articles 165 and 166 TFEU. To ensure skills transparency and portability and the mobility of workers, the European Net- Zero Industry Academies will develop and deploy credentials, including micro- credentials, covering learning achievements. They should be issued in the format of European credentials for learning and could be integrated in EUROPASS and, where relevant, included in National Qualifications Frameworks. Member States are encouraged to support the continuous reskilling and upskilling offered via the academies and the relevant education and training providers in their territories through national programmes and Union funding, including from the European Social Fund Plus, the Recovery and Resilience Facility, the European Regional Development Fund, the Just Transition Mechanism, the Modernisation Fund and the Technical Support Instrument. The Net-Zero Europe Platform should assist in guiding the work of the Academies and providing oversight.
Amendment 39 #
Proposal for a regulation
Recital 68
Recital 68
(68) Where the learning programmes developed by the European net-zero industry academies lead to credentials that would be of assistance to persons seeking access to a profession that is regulated, Member States should, in order to facilitate the mobility in strategic net-zero industry professions and when they deem there to be equivalence, accept these credentials as sufficient proof of the knowledge, skills and competences to which they attest.
Amendment 40 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the framework of measures for innovating and scaling up the manufacturing capacity of net-zerocurrent and future net-zero technologies and energy efficiency technologies in the Union to support 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 to ensure the Union’s access to a secure and sustainable supply of net-zero technologies needed to safeguard the resilience of the Union’s energy system and to contribute to the creation of quality jobs.
Amendment 41 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The Commission shall regularly review the list of net-zero and strategic net-zero technologies, and do so at least every two years. It shall focus in that regard on the contribution of technologies to the EU’s objectives in the areas of transition to climate neutrality, energy efficiency, sustainability, environmental protection and circular economy.
Amendment 43 #
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,nuclear-energy technologies 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 46 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. By …[3 months after the date of entry into force of this Regulation], Member States shall designate one national competent authority or one authority per competent federal state which shall be responsible for facilitating and coordinating the permit-granting process for net-zero technology manufacturing projects, including for net-zero strategic projects, and to provide advice on reducing administrative burden in line with Article 5.
Amendment 47 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The national or federal competent authority referred to in paragraph 1 shall be the sole point of contact for the project promoter in the permit-granting process leading to a comprehensive decision for a given project and shall coordinate the submission of all relevant documents and information.
Amendment 48 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. The responsibilities of the national or federal competent authority referred to in paragraph 1 or the tasks related to it may be delegated to, or carried out by, another authority, for any given project, provided that:
Amendment 49 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The national or federal competent authority shall take into consideration any valid studies conducted, and permits or authorisations issued, for a given project before the project entered the permit-granting process in accordance with this Article and shall not require duplicate studies and permits or authorisations, unless otherwise required under Union law.
Amendment 50 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The national or federal competent authority shall ensure that applicants have easy access to information on and simple procedures for the settlement of disputes concerning the permit-granting process and the issuance of permits to construct or expand projects, including, where applicable, alternative dispute resolution mechanisms.
Amendment 51 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that the national competent authority responsible for the entire permit-granting processes, including all procedural steps, has a sufficient number of qualified staff and sufficient financial, technical and technological resources necessary, including for up- and re-skilling, for the effective performance of its tasks under this Regulation.
Amendment 52 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The Platform referred to in Article 28 and 29 shall periodically discuss the implementation of this Section and Articles 12 and 13 and share best-practices for organising national competent authorities and speeding up permitting procedures.
Amendment 56 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Applications for recognition of net- zero technology projects as net-zero strategic projects shall be submitted by the project promoter to the relevant Member State. The Member State shall communicate the application to the European Commission, which shall provide relevant data and information to the Member State within one month and assist the Member State in the evaluation process.
Amendment 57 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) a concise business plan evaluating the financial viability of the project consistent with the objective of creating quality jobs. The Net-Zero Europe Platform shall provide a template for the business plan.
Amendment 58 #
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
Article 11 – paragraph 2 – point b a (new)
(ba) An initial estimate of a timetable for the project so that it can be estimated when the project can contribute to the benchmark for domestic capacity or for CO2 storage.
Amendment 61 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Where the Commission, following its assessment in accordance with paragraph 4, confirms the rejection of the application by the Member State, it shall notify the applicant of its conclusion in the form of a letter. The project promoter shall have the right to resubmit the application six months after the initial rejection if significant improvements have been made to the application, account having been taken of the comments made. Where the Commission differs in its assessment from the Member State, the Net-Zero Europe Platform shall discuss the project in question.
Amendment 74 #
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 account of the following cumulindicative criteria which shall be objective, transparent and non- discriminatory:
Amendment 85 #
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 products originating from a single 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 65% 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). and security of supply, in particular diversification of supply channels
Amendment 104 #
Proposal for a regulation
Article 19 – paragraph 4 a (new)
Article 19 – paragraph 4 a (new)
4a. The tender’s contribution to sustainability and resilience shall in no way be used by contracting authorities or contracting entities to favour national suppliers over suppliers from other Member States.
Amendment 118 #
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) developWhile fully respecting Member State competences as regards (vocational) training in accordance with Articles 165 and 166 TFEU, Member States shall support the development of learning programmes, content and learning and training materials for training and education on developing, producing, installing, commissioning, operating, maintaining and recycling net- zero technologies, on raw materials, as well as to support the capacities of public authorities competent to issue permits and authorisations referred to in Chapter II and contracting authorities referred to in Chapter IV of this Regulation;
Amendment 121 #
Proposal for a regulation
Article 25 – paragraph 1 – point 5
Article 25 – paragraph 1 – point 5
Amendment 127 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 142 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
9. Energy efficiency technologies
Amendment 143 #
Proposal for a regulation
Annex I b (new)
Annex I b (new)
10. Nuclear energy