Activities of Silvia MODIG related to 2023/0081(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe's net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
Amendments (76)
Amendment 3 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has committed to the accelerated decarbonisation of its economy and ambitious deployment of renewable energy sources to achieve climate neutrality or net zero emissions (emissions after deduction of removals) by 2050, with the aim to achieve negative emissions thereafter. That objective is at the heart of the European Green Deal, the updated EU Industrial Strategy, and in line with the Union’s commitment to global climate action under the Paris Agreement31 . To reach the climate neutrality goal, Regulation (EU) 2021/1119 of the European Parliament and of the Council32 sets a binding Union climate target to reduce net greenhouse gas emissions by at least 55% by 2030 compared to 1990. The proposed “Fit for 55”33 package aims to deliver on the Union’s 2030 climate target and revises and updates Union legislation in this respect. Especially considering the intermediary target of 2030 of that Regulation, the relevant Union institutions and the Member States should prioritise swift and predictable emission reductions and, at the same time, enhance removals by natural sinks. The proposed “Fit for 55”33 package aims to deliver on the Union’s 2030 climate target and revises and updates Union legislation in this respect. Those objectives and future legislation targeting the urgent need to mitigate greenhouse gas emissions of the Union and its Member States should be pursued in coherence with other environmental objectives of Union, in particular those laid out in the General Union Environment Action Programme to 203033a. _________________ 31 Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change OJ L 282, 19.10.2016, p. 4. 32 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. 'Fit for 55': delivering the EU's 2030 Climate Target on the way to climate neutrality. COM(2021) 550, 14.7.2021. 33a Decision No 2022/591 of the European Parliament and of the Council of 6 April 2022.
Amendment 10 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Single Market provides the appropriate environment for enabling access at the necessary scale and pace to the technologies required to achieve the Union’s climate ambition. Given the complexity and the transnational character of net-zero technologies, uncoordinated national measures to ensure access to those technologies would have a high potential of distorting competition and fragmenting the Single market. Therefore, to safeguard the functioning of the Single market it is necessary to create a common Union legal framework to collectively address this central challenge by increasing the Union’s resilience and security of supply in the field of net-zero technologies in line with European Pillar of Social Rights.
Amendment 13 #
Proposal for a regulation
Recital 3
Recital 3
(3) Regarding external aspects, in particular regarding emerging markets and developing economies, the EU will seek win-win partnerships in the framework of its Global Gateway strategy, which contribute to the diversification of its raw materials supply chain as well as to partner countries’ efforts to pursue twin transition and develop local value addition. These partnerships should be implemented by applying the highest possible environmental standards. They should also bring socio-economical benefits not just merely for the third country as a whole, but for the local areas where for example extraction of raw materials takes place, while giving special attention to the opinion and rights of indigenous peoples.
Amendment 20 #
Proposal for a regulation
Recital 5
Recital 5
(5) The higher energy prices after the unjustified and unlawful military aggression by the Russian Federation against Ukraine, gave a strong impetus to accelerate the implementation of the European Green Deal and reinforce the resilience of the Energy Union by speeding up the clean energy transition and ending any dependence on fossil fuels exported especially from the Russian Federation, while avoiding similar future dependencies. In the long-term, the use of fossil fuels should be phased out in the Union and globally. The REPowerEU plan35 plays a key role in responding to the hardships and global energy market disruption caused by the invasion of Ukraine by the Russian Federation. That plan aims to accelerate the energy transition in the European Union, in order to reduce the Union’s gas and electricity consumption and to boost investments in the deployment of energy efficient and low carbon solutions. That plan sets inter alia the targets to double solar photovoltaic capacity by 2025 and to install 600 GW of solar photovoltaic capacity by 2030; to double the rate of deployment of heat pumps; to produce 10 million tonnes of domestic renewable hydrogen by 2030; and to substantially increase production of biomethane. The plan also sets out that achieving the REPowerEU goals will require diversifying the supply of low carbon energy equipment and of critical raw materials, reducing sectoral dependencies, overcoming supply chain bottlenecks and expanding the Union’s clean energy technology manufacturing capacity. As part of its efforts to increase the share of renewable energy in power generation, industry, buildings and transport, the Commission proposes to increase the target in the Renewable Energy Directive to 45% by 2030 and to increase the target in the Energy Efficiency Directive to 13%. This would bring the total renewable energy generation capacities to 1236 GW by 2030, in comparison to 1067 GW by 2030 envisaged under the 2021 proposal and will see increased needs for storage through batteries to deal with intermittency in the electricity grid. Similarly, policies related to the decarbonisation of the road sector, such as Regulation (EU) 2019/631 and Regulation (EU) 2019/1242 will be strong drivers for a further electrification of the road transport sector and thus increasing demand for batteries. _________________ 35 Communication of 18 May 2022 from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, REPowerEU Plan, COM/2022/230 final, 18.05.2022.
Amendment 27 #
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, small modular reactors and related best-in-class fuels, carbon capture, utilisation, and storage technologies, and energy-system related energy efficiency technologies andcarbon capture and storage technologies used especially to mitigate residual emissions from hard-to-abate industrial processes, energy and material efficiency technologies, circular economy techniques and other sustainable technologies being developed, as well as 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 growthquality jobs in line with the European Pillar of Social Rights and growth within planetary boundaries.
Amendment 36 #
Proposal for a regulation
Recital 7
Recital 7
(7) To meet the 2030 and the long- term climate and energy targets, energy efficiency needs to be prioritised. Saving energy is the cheapest, safest and cleanest way to meet those targets, while reinforcing the strategic autonomy of the Union. ‘Energy efficiency first’ is an overall principle of EU energy policy and is important in both its practical applications in policy and investment decisions. Therefore, it is essential to expand the Union’s manufacturing capacity for energy efficient technologies, such as heat pumps and smart grid technologies, that help the EU reduce and control its energy consumption. In addition, strong energy efficiency measures should be implemented in net- zero technology manufacturing projects and net-zero strategic project carried out in the Union. This would foster both energy savings, scale up the market and promote innovation in the Union in field energy efficiency.
Amendment 51 #
Proposal for a regulation
Recital 9
Recital 9
(9) Additional policy effort is necessary to support those technologies that are commercially available and have a good potential for rapid scale up to support the Union’s 2030 climate targets, improve the security of supply for net-zero technologies and their supply chains, and safeguard or strengthen the overall resilience and competitiveness of the Union’s energy system. It includes access to a safe and sustainable source of best in class fuels, as described in recital 8 of Commission Delegated Regulation (EU) 2022/1214, while creating quality jobs in line with the European Pillar of Social Rights.
Amendment 54 #
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, onshore and offshore renewable technologies, battery/storage technologies, heat pumps and geothermal energy technologies, electrolysers and fuel cells, sustainable biogas/biomethane from waste-based feedstock, 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 and companies involved in their manufacturing 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, without prejudice to human rights, labour rights and environmental safeguards. Also, to be able to gain these benefits and to safeguard rule of law in the Union, legal or natural persons involved in the manufacturing projects should not have committed significant previous violations of the Union law or laws in third countries, particularly in the field of environment, human and labour rights or tax evasion. Similarly, being found guilty of such violations during the implementation of a project should lead to a withdrawal of the status of the project under this Regulation.
Amendment 70 #
Proposal for a regulation
Recital 13
Recital 13
(13) The development of carbon capture and storage (CCS) solutions for industry is needed to fully decarbonize hard-to-abate industrial processes in the Union. With the current lack of technological solutions, CCS is needed to capture the residual emissions from certain industrial process that remain after all other efforts to mitigate greenhouse gas emissions have been utilised. However, the CCS sector in the Union is confronted with a coordination failure. On the one hand, despite the growing CO2 price incentive provided by the EU Emissions Trading System, for industry to invest into capturing CO2 emissions making such investments economically viable, they face a significant risk of not being able to access a permitted geological storage site. On the other hand, investors into first CO2 storage sites face upfront costs to identify develop and appraise them even before they can apply for a regulatory storage permit. Transparency about potential CO2 storage capacity in terms of the geological suitability of relevant areas and existing geological data, in particular from the exploration of hydrocarbon production sites, can support market operators to plan their investments. Member State should make such data publicly available and report regularly in a forward-looking perspective about progress in developing CO2 storage sites and the corresponding needs for injection and storage capacities above, in order to collectively aim to reach the Union-wide target for CO2 injection capacity. of CO2 origination from residual emissions of hard-to-abate industrial processes.
Amendment 79 #
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 to provide a way to mitigate residual emissions from hard-to-abate industrial processes. By defining a Union targetaim of 50 million tonnes of annual operational CO2 injection capacity by 2030, in line with theexpected “do not significant harm” principle defined in Regulation (EU) 2020/852 and by anticipating 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 theiroperation residual emissions from hard-to-abate industrial processes. 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 CO2annually 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 Uniontarget of aim of a 50 million tonnes of annual operational CO2 injection capacity by 2030 will be adjusted accordingly. The target of CO2 injection capacity should be kept separate from the carbon market pursuant to Directive 2003/87/EC, greenhouse gas reduction targets pursuant to Regulation (EU) 2018/842 and natural sink target pursuant to Regulations (EU) 2018/841. _________________ 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 83 #
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 in line with the "do not significant harm” principle defined in Regulation (EU) 2020/852, the development of CO2 storage sites can be safe and it can be accelerated and facilitated, and the increasing industrialus provide a way to mitigate residual emissions from hard-to- abate industrial processes, where currently no alternative ways exist to mitigate these emissions. The demand for storage sites by residual emissions 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 tofossil fuel industry should embark on an energy transition and they possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s targetaim of a 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 demand and ensure the permanence and safety of the storage sites. 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. In addition, the Commission should coordinate the efforts to connect those entities that provide safe storages for the captured CO2 and those who need the capacity to store residual emissions from hard-to-abate industrial processes.
Amendment 91 #
Proposal for a regulation
Recital 17
Recital 17
(17) To address security of supply issues and contribute to supporting the resilience of Union’s energy system and decarbonisation and modernisation efforts, the net-zero technology manufacturing capacity in the Union needs to expand, while increasing the public ownership of those manufacturing capacity to reinforce the strategic autonomy of the Union. At the same time, manufacturing capacity located in the Union enables the Union and its Member States to safeguard labour standards, human rights and environmental sustainability related to those processes. Union manufacturers of solar photovoltaic (PV) technologies need to increase their competitive edge and improve security of supply perspectives, by aiming to reach at least 30 gigawatt of operational solar PV manufacturing capacity by 2030 across the full PV value chain, in line with the goals set out in the European Solar Photovoltaic Industry Alliance, which is supported under the Union’s Solar Energy Strategy.38 Union manufacturers of wind and heat pump technologies need to consolidate their competitive edge and maintain or expand their current market shares throughout this decade, in line with the Union’s technology deployment projections that meet its 2030 energy and climate targets.39 This translates into a Union manufacturing capacity for wind of at least 36 GW and, respectively, for heat pumps of at least 31 GW in 2030. Union manufacturers of batteries and electrolysers need to consolidate their technology leadership and actively contribute to shaping these markets. For battery technologies this would mean contributing to the objectives of the European Battery Alliance and aim at almost 90% of the Union’s battery annual demand being met by the Union’s battery manufacturers, translating into a Union manufacturing capacity of at least 550 GWh in 2030. For EU electrolyser manufacturers, the REPowerEU plan projects 10 million tonnes of domestic renewable hydrogen production and a further up to 10 million tonnes of renewable hydrogen imports by 2030. To ensure EU’s technological leadership translates into commercial leadership, as supported under the Electrolyser Joint Declaration of the Commission and the European Clean Hydrogen Alliance, EU electrolyser manufacturers should further boost their capacity, such that the overall installed electrolyser capacity being deployed reaches at least 100 GW hydrogen by 2030. _________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Solar Energy Strategy, SWD(2022) 148 final, 18.05.2022. 39 As per REPowerEU objectives set out in the REPowerEU Plan, COM/2022/230 final, and accompanying Commission Staff Working Document Implementing the Repower EU Action Plan: Investment Needs, Hydrogen Accelerator and achieving the Bio-Methane Targets Accompanying the Document : Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU Plan, SWD/2022/230 final, 18.05.2022
Amendment 104 #
Proposal for a regulation
Recital 20
Recital 20
(20) At the same time, net-zero technology products will contribute to the Union’s resilience and security of supply of clean energy. A secure supply of clean energy is a prerequisite for, while creating jobs in the Union. Efforts are needed to ensure that the additional jobs are of good quality, in line with the European Pillar of Social Rights. A secure supply of sufficient and zero-emission energy is urgently needed for the Union to transition to a zero- emission energy system, and thus for future economic development, as well as fornd for other core functions of the society, such as public order and security. Net-zero technology products will also yield benefits to other strategically important economic sectors, such as farming and food production by securing access to clean energy and machinery at competitive prices, thus partially contributing sustainably to EU food security and t. They can also providinge an increasing outlet for bio- based alternatives through circular economy, if ensured that they do not cause biodiversity loss and apply circular practices, while applying the cascading principle. In the same way, the fulfilment of the Union’s climate ambitions will translate both into economic growth and social well-being.
Amendment 109 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to maintain competitiveness andensure access to strategic technologies to reduce current strategic import dependencies in key net- zero technology products and their supply chains, while avoiding the formation of new ones, the Union needs to continue strengthening its net zero industrial base and become more competitive andby ensuring investments and promoting innovation friendly. The Union needs to enable the development of manufacturing capacity faster, simpler and in a more predictable way, without prejudice to labour and human rights and environmental safeguards.
Amendment 115 #
Proposal for a regulation
Recital 22
Recital 22
(22) Member States should submit updated drafts of their 2021-2030 National Energy and Climate Plans (NECPs) in June 202340 . As emphasised in the Commission’s Guidance to Member States for the update of the 2021-2030 national energy and climate plans41 , the updated plans should describe Member States’ objectives and policies to facilitate the scale-up of manufacturing projects of commercially available energy efficient and low-carbon technologies, equipment and key components within their territory. Those plans should also describe Member States’ objectives and policies to achieve such scale-up through diversification efforts in third countries, and to enable their industries toallow to safely capture and store CO2 emissions, especially residual emissions of their hard-to-abate industrial processes, permanently in geological storage sites. _________________ 40 Member States shall update their national plans for 2021-2030 by June 2023 (draft plans) and June 2024 (final plans). See Article 14 and requirements of Chapter 2 and Annex I of the Regulation (EU) 2018/1999. 41 Commission Notice on the Guidance to Member States for the update of the 2021- 2030 national energy and climate plans 2022/C 495/02, (OJ C 495, 29.12.2022, p. 24).
Amendment 123 #
Proposal for a regulation
Recital 24
Recital 24
(24) Under the first pillar, the Union should develop and maintain an industrial basis for the provision of net-zero technology solutions to secure its energy supply, while also living up to its ambitions on climate neutrality. To support that goal and to avoid dependencies for the supply of net-zero technologies that would delay the Union’s greenhouse gas emission reductions efforts or put at risk the security of supply of energy, this Regulation shall set out provisions to encourage demand for sustainable and resilient net-zero technologies in line with the European Pillar of Social Rights.
Amendment 133 #
Proposal for a regulation
Recital 39
Recital 39
(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a level playing field. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal frameworksafeguarding its industrial basis and access to strategic technologies, while respecting labour and human rights and safeguarding environmental sustainability. In addition, the differences of Member States fiscal capacity and ability to support the industries in their territories should be considered to ensure a level playing within the Union and protect the single market.
Amendment 137 #
Proposal for a regulation
Recital 49
Recital 49
(49) In order for net-zero technology manufacturing projects to be deployed or expanded as quickly as possible to ensure the Union’s security of supply for net-zero technologies, it is important to create planning and investment certainty by keeping thediminshing unnecessary administrative burden on project promoters to a minimumand, where possible, streamlining processes for projects. For that reason, permit-granting processes of the Member States for net zero technology manufacturing projects should be streamlined, whilst at the same time ensuring that such projects are safe, secure, environmentally performant, and comply with environmental, social andfacilitate democratic participation of the public concerned and respect necessary environmental, social and human rights safeguards, while complying with safety requirements. Union environmental legislation should sets common conditions for the process and content of national permit- granting processes, thereby ensuring a high level of environmental protection and a level playing field. However, the current limits in administrative capacity in Member States should be considered and the time needed to reinforce them taken into account. Also, the possibility should be given to Member States to adapt their national processes to promote higher social and environmental safeguards. Being granted the status of Net-Zero Strategic Project should be without prejudice to any applicable permitting conditions for the relevant projects, including those set out in Directive 2011/92/EU of the European Parliament and of the Council58 , Council Directive 92/43/EEC59 , Directive 2000/60/EC of the European Parliament and of the Council60 , Directive 2004/35/EC of the European Parliament and of the Council61 , and Directive (EU) 2010/75 of the European Parliament and of the Council62 . _________________ 58 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). 59 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 60 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 61 Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56). 62 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (recast) (OJ L 334, 17.12.2010, p. 17).
Amendment 140 #
Proposal for a regulation
Recital 50
Recital 50
(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processeIn order to promote investments uandermines the investment security needed for to ensure and speed up the effective developmentimplementation of net-zero technologiesy manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, Net- Zero Strategic Projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them, without preventing competent authorities to streamline permitting for other net-zero technologies manufacturing projects that are not Net- Zero Strategic Projects or more generally. In order to safeguard proper permitting processes, the administrative capacities of Member States should be reinforced. Furthermore, public participation should not be undermined to ensure the continuation of the support of European citizens to the environmental efforts of the Union.
Amendment 144 #
Proposal for a regulation
Recital 51
Recital 51
Amendment 155 #
Proposal for a regulation
Recital 55
Recital 55
(55) Net-zero technology manufacturing projects undergo lengthy and complex permitting procedures of 2-7 years, depending on the Member State, technology and value chain segment. Considering the size of required investments – in particular for gigafactory- size projects which are needed to reach the expected economies of scale – inadequate permitting creates an additional and often detrimental barrier to increase net-zero technology manufacturing capacity in the Union. In order to provide project promoters and other investors with the security and clarity needed to increase development of net-zero technologies manufacturing projects, Member States should ensure that the permit-granting process related to such projects does not exceed pre-set time limits. For Net Zero Strategic Projects the length of the permit- granting process should not exceed twelve months for facilities with a yearly production output of more than 1 GW, and 9 months for those with a yearly production output of less than 1 GW. For all other net-zero technology manufacturing projects, the length of the permit-granting process should not exceed eighteen months for facilities with a yearly production output of more than 1 GW, and twelve months for those with a yearly production output of less than 1 GW. For net-zero technologies for which the GW metric is not relevant, such as grids and carbon capture and storage (CCS) or carbon capture and usage (CCU) technologies, the upper limits of the aforementioned deadlines should apply. For the expansion of existing production lines, each of the aforementioned time limits should be halved.
Amendment 160 #
Proposal for a regulation
Recital 56
Recital 56
(56) In addition, given the importance of Net Zero Strategic Projects for the Union’s energy supply certain administrative restrictionprocedures should be partly lifted or simplified to speed up their implementationstreamlined and simplified, under the condition it does not lower nor endanger their quality.
Amendment 165 #
Proposal for a regulation
Recital 57
Recital 57
(57) The environmental assessments and authorisations required under Union law, including in relation to water, air, ecosystems, habitats, biodiversity and birds, are an integressential part of the permit granting procedure for a net zero technologies manufacturing project and an ess fundamential safeguard to ensure negative environmental impacts are prevented or minimised. However, to ensure that permit granting procedures for net zero technologies manufacturing projects are predictable and timely, any potential to streamline the required assessments and authorisations while noshould be realised, if it is possible to implement them without lowering the level of environmental protection should be realised. In that regard, it should be ensured that the necessary assessments are bundled to prevent unnecessary overlap and it should be ensured that project promoters and responsible authorities explicitly agree on the scope of the bundled assessment before the assessment is carried out to prevent unnecessary follow-up.
Amendment 171 #
Proposal for a regulation
Recital 58
Recital 58
(58) Land use conflicts can create barriers to the deployment of net zero technologies manufacturing projects. Well- designed plans, including spatial plans and zoning, that take into account the public opinion, the potential for implementing net-zero technologies manufacturing projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the potential for conflict and accelerating the sustainable deployment of net-zero technologies manufacturing projects in the Union. Responsible national, regional and local authorities should therefore consider the inclusion of provisions for net-zero technologies manufacturing projects when developing relevant plans, while ensuring that participation and rights of the concerned public are safeguarded. Special attention should be given to the views and rights of indigenous peoples.
Amendment 191 #
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; and that the public ownership of the manufacturing capacity is significantly increased, while ensuring: (i) policy coherence with objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal65a and the relevant environmental targets laid down in the Union law, especially the “do no significant harm” principle as set out in the Article 17 of the Regulation (EU) 2020/852 of the European Parliament and of the Council; (ii) delivering a just transition and inclusive transition in close co-operation with social partners, while ensuring that no one is left behind; (iii) complementary measures such as demand-side management, increased material efficiency and circularity, substitution of harmful substances, materials with large environmental footprint and critical raw materials; (iv) implementation in line with the “precautionary” and “polluters pay” principles, as per article 191 of the Treaty on the Functioning of the European Union; (v) early and effective public participation according to Regulation (EC) 1367/2006; (vi) The use of socially responsible practices including respect of human and labour rights in accordance to, but not limited to, European pillar of Social Rights, Declaration of the International Labour Organisation on Fundamental Principles and Rights at Work and the International Bill of Human Rights. Special attention shall be given to indigenous peoples, in accordance to International Labour Organisation Convention 169, United Nations Declaration on the Rights of Indigenous Peoples and Article 27 of International Convention of Civil and Political Rights; _________________ 65a COM(2019) 640 final
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘‘net-zero technologies’ means renewablewind, solar and geothermal energy, ambient energy, tide, wave and other ocean energy, landfill gas, sewage treatment plant gas and advanced biofuels energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non- biological origin technologies produced to decarbonise industrial processes for which direct electrification is not technically feasible; sustainable alternative e-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 storagecarbon capture and storage technologies used to mitigate residual emissions from hard-to-abate industrial processes; circular economy technologiiques; and energy-system related energy and material 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 236 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘innovative net-zero technologies’ means technologies which satisfy the precautionary principle as per article 191 of the Treaty of the Functioning of the European Union and the definition of ‘net-zero technologies’, except that they have notonly reached a technology readiness level of at least 8, and that comprise genuine innovation which7, and that comprise genuine innovation, with significant improvements to currently available technologies in the market in relation to more than one of the following qualities: a) lowering greenhouse gas emissions b) enhancing substitution, reuse or recycling of materials, especially critical raw materials pursuant to Regulation (EU) 20…/nn of the European Parliament and of the Council [Critical Raw Materials Regulation]. c) improving material and energy efficiency d) achieving pollution prevention performances going beyond state-of-the- art and best available techniques. The technologies are not currently available on the market and are advanced enough to be tested in a controlled environment, without risk to the environment or public health.
Amendment 251 #
Proposal for a regulation
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘CO2 injection capacity’ means the annual amount of CO2 that can be injected in an operational geological storage site in line with the “do no significant harm” assessment within the meaning of article 17 of Regulation (EU) 2020/852, permitted under Directive 2009/31/EC, with the purpose to reduce emissions or increase carbon removals from residual emissions from hard-to abate industrial processes, in particular from large scale industrial installations and which is measured in tonnes per annum;
Amendment 256 #
Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
Amendment 312 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where an environmental impact assessment must be carried out in accordance with Articles 5 to 9 of Directive 2011/92/EU, the project promoter concerned shallmay request an opinion to the competent authority referred to in Article 4 on the scope and level of detail of the information to be included in the environmental impact assessment report pursuant to Article 5(1) of that Directive. The national competent authority shall ensure that the opinion referred to in the first subparagraphin parallel the public concerned is consulted according to Article 8 of Directive 2011/92/EU, and that the opinion includes the opinion of the public concerned, taking into account its remarks. The opinion is issued as soon as possible and within a period of time not exceeding 390 days from the date on which the project promoter submitted its request. In cases falling under the second sub- paragraph of Article 6(4) of this Regulation, this period shall be assessed on a case-by-case basis.
Amendment 329 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 342 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The timeframes for consulting the public concerned on the environmental report referred to in Article 5(1) of Directive 2011/92/EU shall not be longer than 4590 days. In cases falling under the second sub-paragraph of Article 6(4), this period shall be extended to 90 dayassessed on a case-by-case basis.
Amendment 349 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. In exceptional cases, where the nature, complexity, location or size of the request so requires, the national competent authority may extend the time limits referred to in paragraph 1 and 4 by a maximum of 30 days before their expiry and on a case-by-case basis. Where the national competent authority considers that the request raises exceptional risks for the environment, the health and safety of workers or of the general population, and where additional time is necessary to establish that adequate safeguards are put in place, they shall extend those time limits by a further 180 days, before their expiry and on a case-by-case basis.
Amendment 357 #
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. Until 1 January 2026, due to temporal lack of administrative capacity, the national competent authority may extend the time limits referred to in paragraph 1 and 4 by a maximum of 30 days before their expiry and on a case-by- case basis.
Amendment 358 #
Proposal for a regulation
Article 7 – paragraph 4 c (new)
Article 7 – paragraph 4 c (new)
Amendment 362 #
Proposal for a regulation
Article 7 – paragraph 4 d (new)
Article 7 – paragraph 4 d (new)
4d. Where an environmental impact assessment pursuant to Directive 2011/92/EU concerns a designated Natura 2000 area in line with Directive 92/43/EEC, Directive 2000/60/EC or Directive 2009/147/EC, the national competent authority shall not consent to the project promoter’s request.
Amendment 365 #
Proposal for a regulation
Article 7 – paragraph 4 e (new)
Article 7 – paragraph 4 e (new)
4e. The Member States shall ensure that their national competent authorities and other authorities pursuant to Article 6(1) of Directive 2011/92/EU are adequately equipped to fulfil its obligations under this Article.
Amendment 373 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where plans include provisions for the development of net-zero technology manufacturing projects, including net-zero strategic projects, are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shallmay be combined. Where relevant, that combined assessment shallmay also address the impact on potentially affected water bodies and verify whether the plan potentially prevent a water body from achieving good status or good potential or cause deterioration of status or of potential referred to in Article 4 of Directive 2000/60/EC or would potentially hamper that a water body achieves good status or good potential. Where relevant Member States are required to assess the impacts of existing and future activities on the marine environment, including land-sea interactions, as referred to in Article 4 of Directive 2014/89/EU, these impacts shall may also be covered by the combined assessment. The combination of assessment pursuant to this paragraph shall not lower or endanger the quality of those assessments. The Commission shall issue guidelines for the combinations of assessments pursuant to the first subparagraph.
Amendment 382 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The provisions set out in this Regulation are without prejudice to the obligations under Articles 6 and 7 of the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus on 25 June 1998, and under the UNECE Convention on environmental impact assessment in a transboundary context, signed at Espoo on 25 February 1991.
Amendment 387 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. All decisions adopted pursuant to this Section and Articles 12, 13, 14 and 213 shall be made publicly available.
Amendment 410 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv
Article 10 – paragraph 1 – point b – point iv
(iv) it adopts comprehensive lowzero- carbon, non-toxic, resource efficient and circular manufacturing practices, including waste heat recovery. and materials recovery, especially the recovery of critical raw materials pursuant to Regulation (EU) 20…/nn of the European Parliament and of the Council [Critical Raw Materials Regulation]. The net-zero technology manufacturing project shall adopt manufacturing practices that reflect at least the level of current best available solutions in the field of the particular net- zero technology manufacturing project.
Amendment 418 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv a (new)
Article 10 – paragraph 1 – point b – point iv a (new)
(iva) it is aligned with the promoter’s obligations under Articles 4, 5, 6, 7, 8 and 15 of [Directive 2022/0051 (COD)] and Article 19a of Directive (EU) 2022/2464.
Amendment 419 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv b (new)
Article 10 – paragraph 1 – point b – point iv b (new)
(ivb) it fulfils the requirements of the ‘Do No Significant Harm’ principle in the meaning of in Regulation (EU) 2020/852.
Amendment 420 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv c (new)
Article 10 – paragraph 1 – point b – point iv c (new)
Amendment 422 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Member States shall not recognise as net-zero strategic projects net-zero technology manufacturing projects if the project promoter has committed previous significant violations of Union law or laws of third countries, particularly in the field of environment, human and labour rights or tax evasion. If the project promoter is found guilty of violations pursuant to the first sub- paragraph during the implementation of the project, the status of the project shall be withdrawn pursuant to Article 11(7).
Amendment 423 #
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 storage projects that fulfil the criteria of the “do no significant harm” assessment within the meaning of article 17 of Regulation (EU) 2020/852 and that meet the following cumulative criteria:
Amendment 434 #
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) the CO2 storage project is not combined with Enhanced Hydrocarbon Recovery (EHR).
Amendment 436 #
Proposal for a regulation
Article 10 – paragraph 2 – point c b (new)
Article 10 – paragraph 2 – point c b (new)
(cb) the CO2 storage project has an agreement to store CO2 only from residual emissions of hard-to-abate industrial processes defined in a delegated act pursuant to Article 16(1).
Amendment 438 #
Proposal for a regulation
Article 10 – paragraph 2 – point c c (new)
Article 10 – paragraph 2 – point c c (new)
(cc) the project promoter has not committed previous significant violations of Union law or laws of third countries, particularly in the field of environment, human and labour rights or tax evasion.
Amendment 441 #
Proposal for a regulation
Article 10 – paragraph 2 – point c d (new)
Article 10 – paragraph 2 – point c d (new)
Amendment 457 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 481 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. NWhere national competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicablare unable to meet the time limits referred to in this Article results iin relation theo specific intermediary steps, to be considered as approvedhe project promoter shall be able to ask for an opinion from the Net-Zero Europe Platform established in Article 28, 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 administrative tacit approval does not exist in the national legal system. This provision shall not apply to final decisions on the outcome of. The Net-Zero Europe Platform shall issue an opinion, including a recommendation for the national competent authority for a reply, within 30 working days. All decisions pursuant to theis process, which are to be explicit. All decisionsvision and possible opinions of the Net-Zero Europe Platform shall be made publicly available.
Amendment 491 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Where the nature, complexity, location or size of the proposed net-zero strategic project so requires, competent authorities may extend the time limits referred to in paragraph 1 and 2 on a case-by-case basis. Where competent authorities consider that the proposed net- zero strategic project raises exceptional risks for the environment, the health and safety of workers or of the general population, and where additional time is necessary to establish that adequate safeguards are put in place, they shall extend those time limits before their expiry on a case-by-case basis.
Amendment 511 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
An annual injection capacity of at least 50 million tonnes of CO2 shall be achieved by 2030, in storage sites located in the territory of the European Union, its exclusive economic zones or on its continental shelf within the meaning of the United Nations Convention on the Law of the Sea (UNCLOS) and which are not combined with Enhanced Hydrocarbon Recovery (EHR). The injection capacity referred in the first sub-paragraph shall be reserved only for CO2 originating from residual emissions of hard-to-abate industrial processes located in the territory of the Union. By [3 months after the date of entry into force of this Regulation], the Commission shall adopt delegated act in accordance with Article 32 to supplement this Regulation with a list of applicable residual emissions from hard-to-abate industrial processes. The Commission shall review the list at least every 5 years from the date of application of the delegated act.
Amendment 536 #
Proposal for a regulation
Article 17 – paragraph 1 – point c a (new)
Article 17 – paragraph 1 – point c a (new)
(ca) oblige the entities referred to in point (b) to provide adequate financial guarantees ensuring strict liability deriving from CO2 injection and storage activities covering the whole period of CO2 storage, without prejudice to Directive 2004/35/CE.
Amendment 542 #
Proposal for a regulation
Article 17 – paragraph 2 – point a a (new)
Article 17 – paragraph 2 – point a a (new)
(aa) for each project, how it is fulfils the “do no significant harm” assessment within the meaning of article 17 of Regulation (EU) 2020/852;
Amendment 543 #
Proposal for a regulation
Article 17 – paragraph 2 – point a b (new)
Article 17 – paragraph 2 – point a b (new)
(ab) for each project, a sound risk assessment with mitigation measures;
Amendment 547 #
Proposal for a regulation
Article 17 – paragraph 2 – point c
Article 17 – paragraph 2 – point c
Amendment 553 #
Proposal for a regulation
Article 17 – paragraph 2 – point c a (new)
Article 17 – paragraph 2 – point c a (new)
(ca) the amount of residual emissions from hard-to-abate processes located in the Member State, including planned projects, pursuant to the delegated act referred to in Article 16(1).
Amendment 556 #
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. The Commission shall make the reports pursuant to paragraph 2 publicly available.
Amendment 583 #
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 volume and how they fulfil the “do not significant harm” assessment within the meaning of Article 17 of Regulation (EU) 2020/852.
Amendment 586 #
Proposal for a regulation
Article 18 – paragraph 4 – point b a (new)
Article 18 – paragraph 4 – point b a (new)
Amendment 591 #
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. The Commission shall make the reports pursuant to paragraph 4 publicly available.
Amendment 592 #
Proposal for a regulation
Article 18 – paragraph 4 b (new)
Article 18 – paragraph 4 b (new)
4b. The Commission shall establish a platform promoting and facilitating collaboration of entities pursuant to paragraph 1 and entities engaged in activities pursuant to the delegated act referred to in Article 16, paragraph 1. The modalities and the conditions for the establishment and operation of the platform shall be adopted through implementing acts in accordance with the examination procedure referred to in Article 36.
Amendment 598 #
Proposal for a regulation
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) without prejudice to Article 16, enter into agreements with third party storage project developers or investors to fulfil their contribution under the condition that those developers or investors have not committed previous significant violations of Union law or laws of third countries, particularly in the field of environment, human and labour rights or tax evasion.
Amendment 698 #
Proposal for a regulation
Article 31 – paragraph 1 – point b
Article 31 – paragraph 1 – point b
(b) the progress with respect to the Union level objective of CO2 injection capacity referred to in Article 16 and the amount of residual emissions from hard- to-abate industrial processes in individual Member States and the Union, including planned projects.
Amendment 701 #
(ba) the volume and quality of new jobs created by net-zero technology manufacturing projects and net-zero strategic projects in individual Member States and the Union.
Amendment 703 #
Proposal for a regulation
Article 31 – paragraph 1 – point b b (new)
Article 31 – paragraph 1 – point b b (new)
(bb) The development and sufficiency of Member States administrative capacity pursuant to Article 7(4e) (new).
Amendment 704 #
1a. The Commission shall make the reports pursuant to paragraph 1 publicly available.
Amendment 707 #
Proposal for a regulation
Article 31 – paragraph 2 – point h
Article 31 – paragraph 2 – point h
(h) the amount of CO2 stored permanently underground in accordance with Directive 2009/31/EC, including the amount of stored CO2 originating from residual emissions of hard-to-abate industrial processes pursuant to Article 16.
Amendment 710 #
Proposal for a regulation
Article 31 – paragraph 2 – point h a (new)
Article 31 – paragraph 2 – point h a (new)
(ha) the amount of CO2 emissions from residual emissions of hard-to-abate industrial processes in their territory.
Amendment 711 #
Proposal for a regulation
Article 31 – paragraph 2 – point h b (new)
Article 31 – paragraph 2 – point h b (new)
(hb) the volume and quality of new jobs created by net-zero technology manufacturing projects and net-zero strategic projects.
Amendment 712 #
Proposal for a regulation
Article 31 – paragraph 2 – point h c (new)
Article 31 – paragraph 2 – point h c (new)
(hc) The effect of net-zero technology manufacturing projects, net-zero strategic projects and, where applicable, net-zero regulatory sandboxes on biodiversity.
Amendment 713 #
Proposal for a regulation
Article 31 – paragraph 2 – point h d (new)
Article 31 – paragraph 2 – point h d (new)
(hd) The development and sufficiency of administrative capacity pursuant to Article 7(4e) (new).
Amendment 714 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. The Commission shall make the reports pursuant to paragraph 2 publicly available.
Amendment 736 #
Proposal for a regulation
Annex – row 6
Annex – row 6
6. Sustainable biogas/biomethane technologiesalternative fuels technologies meaning e-fuel production for aviation and shipping from e- ammonia, e-methanol, e-liquid H2 and e- kerosene