BETA

47 Amendments of András GYÜRK related to 2011/0172(COD)

Proposal for a directive
Recital 18

(18) An assessment of the possibility of establishing a ‘white certificate’ scheme at Union level has shown that, in the current situation, such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of Member States and not introduced across the Union. The latter objective can better be achieved, at least at this stage, by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings. The Commission should however define, by a delegated act, common criteria according to which energy efficiency measures could be measured and verified as well as the conditions under which a Member State could in future recognise the energy savings achieved in another Member State. It is appropriate for the level of ambition of such schemes to be established in a common framework at Union level while providing significant flexibility to Member States to take full account of the national organisation of market actors, the specific context of the energy sector and final customers' habits. The common framework should give energy utilities the option of offering energy services to all final customers, not only to those to whom they sell energy. This increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services. The common framework should allow Member States to include requirements in their national scheme that pursue a social aim, notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency. It should also allow Member States to exempt small companies from the energy efficiency obligation. The Commission Communication ‘Small Business Act’ sets out principles that should be taken into account by Member States that decide to abstain from applying this possibility.

2011/11/16
Committee: ITRE

Proposal for a directive
Recital 23

(23) High-efficiency cogeneration (CHP) and district heating and cooling has significant potential for saving primary energy which is largely untapped in the Union. Member States should draw up national plans to develop high-efficiency CHP and district heating and cooling. These plans should cover a sufficiently long period to provide investors with information concerning national development plans and contribute to a stable and supportive investment environment. New electricity generation installations and existing installations which are substantially refurbished or whose permit or licence is updated should be equipped withall promote high- efficientcy CHP units to recover waste heat stemming from the production of electricity. This waste heat could then be transported where it is needed through district heating networks. To this end, Member States should adopt authorisation criteria to ensure the location of installations in sites close to heat demand points. Member States should however be able to lay down conditions for exemption from these obligations where certain conditions are metand district heating and cooling.

2011/11/16
Committee: ITRE

Proposal for a directive
Recital 25

(25) To increase transparency for the final customer to be able to choose between electricity from cogeneration and electricity produced by other techniques, the origin of high-efficiency cogeneration should be guaranteed on the basis of harmonised efficiency reference values. Guarantee of origin schemes do not by themselves imply a right to benefit from national support mechanisms. It is important that all forms of electricity produced from high-efficiency cogeneration can be covered by guarantees of origin. Guarantees of origin should be distinguished from exchangeable certificates.deleted

2011/11/16
Committee: ITRE

Proposal for a directive
Recital 28

(28) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions includes energy efficiency among the criteria for determining the Best Available Techniques that should serve as a reference for setting the permit conditions for installations within its scope, including combustion installations with a total rated thermal input of 50 MW or more. However, that Directive gives Member States the option not to impose requirements relating to energy efficiency on combustion units or other units emitting carbon dioxide on the site, for the activities listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community. To ensure that significant energy efficiency improvements are achieved in electricity and heat generation installations and mineral oil and gas refineries, actual energy efficiency levels should be monitored and compared with the relevant energy efficiency levels associated with the application of the Best Available Techniques. The Commission should compare energy efficiency levels and consider proposing additional measures if significant discrepancies exist between the actual energy efficiency levels and the levels associated with the application of the Best Available Techniques. The information collected on the actual energy efficiency values should also be used in reviewing the harmonised efficiency reference values for separate production of heat and electricity set out in Commission Decision 2007/74/EC of 21 December 2006.

2011/11/16
Committee: ITRE

Proposal for a directive
Recital 29

(29) Member States should establish, on the basis of objective, transparent and non- discriminatory criteria, rules governing the bearing and sharing of costs of grid connections and grid reinforcements and for technical adaptations needed to integrate new producers of electricity produced from high efficiency cogeneration, taking into account guidelines and codes developed in accordance with Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 and Regulation (EC) 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005. ~~Producers of electricity generated from high-efficiency cogeneration should be allowed to issue a call for tender for the connection work.~~ Access to the grid system for electricity produced from high- efficiency cogeneration, especially for small scale and micro-cogeneration units, should be facilitated.

2011/11/16
Committee: ITRE

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

1 a. ‘energy efficiency’ means a ratio between an output of performance, service, goods or energy, and an input of energy;

2011/11/16
Committee: ITRE

Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)

2 b. ‘energy savings’ means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of one or more energy efficiency improvement measures, whilst ensuring normalisation for external conditions that affect energy consumption;

2011/11/16
Committee: ITRE

Proposal for a directive
Article 2 – paragraph 1 – point 11 a (new)

11 a. ‘energy service company’ (ESCO) means a legal person that delivers energy services and/or other energy efficiency improvement measures in a user's facility or premises, and accepts some degree of financial risk in doing so. The payment for the services delivered is based (either wholly or in part) on the achievement of energy efficiency improvements and on the meeting of the other agreed performance criteria;

2011/11/16
Committee: ITRE

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall set a national energy efficiency target expressed either as an absolute level of primary energy ~~consumption in 2020~~savings or as absolute level of primary energy consumption in 2020 relative to the projected GDP and relative to energy consumption per capita. When setting these targets, they shall take into account the Union’s target of 20 % energy savings, the measures provided for in this Directive, the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC and other measures to promote energy efficiency within Member States and at Union level.

2011/11/16
Committee: ITRE

Proposal for a directive
Article 4 – paragraph 1

1. Without prejudice to Article 7 of Directive 2010/31/EU, Member States shall ~~ensure that as from 1 January 2014, 3% of~~define specific refurbishment targets harmonized with their national energy efficiency action plans. The refurbishment target shall contain the total floor area owned by their public bodies isto be renovated each year to meet at least the minimum energy performance requirements set by the Member State concerned in application of Article 4 of Directive 2010/31/EU. The ~~3% rate~~refurbishment target shall be calculated on the total floor area of buildings with a total useful floor area over 250 m2 owned by the public bodies of the Member State concerned that, on 1 January of each year, does not meet the national minimum energy performance requirements set in application of Article 4 of Directive 2010/31/EU.

2011/11/16
Committee: ITRE

Proposal for a directive
Article 4 – paragraph 3 – introductory part

3. For the purposes of paragraph 1, by 1 January 2014, Member States shall carry out energy audits in order to establish and make publicly available an inventory of buildings owned by their public bodies indicating:

2011/11/17
Committee: ITRE

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall set up an energy efficiency obligation scheme. This scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the Member State's territory achieve annual energy savings equal to 1.5% of their energy sales, by volume, in the previous year in that Member State excluding energy used in transport. This amount of energy savings shall be achieved by the obligated parties among final customers. The Commission shall ensure that common general measurement and verification principles are available for Member States.

2011/11/17
Committee: ITRE

Proposal for a directive
Article 6 – paragraph 6 – point b

~~(b) aggregated statistical information on their final customers (identifying significant changes to previously submitted information); an~~deleted

2011/11/17
Committee: ITRE

Proposal for a directive
Article 6 – paragraph 6 – point c

(c) current information on final customers' consumption, including, where applicable, load profiles, customer segmentation and geographical location of customers, while preserving the integrity and confidentiality of private or commercially sensitive information in compliance with applicable European Union legislation.deleted

2011/11/17
Committee: ITRE

Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2

Member States shall develop programmes to encourage households and small and medium-sized enterprises to undergo energy audits. The Commission shall assist Member States by supporting the exchange of existing best practices.

2011/11/17
Committee: ITRE

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1

When new smart meters are installed, Member States shall ensure that final customers for electricity, natural gas, district heating or cooling and district- supplied domestic hot water are provided with individual meters that accurately measure and allow to make available their actual energy consumption and provide information on actual time of use, in accordance with Annex VI.

2011/11/17
Committee: ITRE

Proposal for a directive
Article 8 – paragraph 1 – subparagraph 4

In case of heating and cooling, where a building is supplied from a district heating network, a heat meter shall be installed at the building entry. In multi-apartment buildings, individual heat consumption meters shall also be ~~install~~promoted to measure the consumption of heat or cooling for each apartment. Where the use of individual heat consumption meters is not technically or commercially feasible, individual heat cost allocators, in accordance with the specifications in Annex VI(1.2), shall be used for measuring heat consumption at each radiator.

2011/11/17
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 1

1. By 1 January 2014, Member States shall establish and notify to the Commission a national heating and cooling plan for developing the potential for the application of high-efficiency cogeneration and efficient district heating and cooling, containing the information set out in Annex VII. The plans shall be updated and notified to the Commission every five years. Member States shall ensure by means of their regulatory framework that national heating and cooling plans are taken into account in local and regional development plans, including urban and rural spatial plans, and fulfil the design criteria in Annex VII.deleted

2011/11/17
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 2

2. Member States shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodate the development of high- efficiency cogeneration and the use of heating and cooling from waste heat and renewable energy sources in accordance with paragraphs 1, 3, 6 and 7. When developing district heating and cooling, ~~they shall to the extent possible opt for~~ high-efficiency cogeneration shall be promoted rather than heat-only generation.

2011/11/17
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – introductory part

Member States shall ensure that ~~all~~investors planning new thermal electricity generation installations with a total thermal input exceeding 20 MW examine whether:

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point a

(a) ~~are provided with equipment allowing for the recovery of waste heat by means of~~it is technically and commercially reasonable to install a high-efficiency cogeneration unit; and

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point b

(b) ~~are sited in~~it is technically and commercially reasonable to select a location where waste heat can be used by heat demand points.

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2

Member States shall adopt authorisation criteria as referred to in Article 7 of Directive 2009/72/EC, or equivalent permit criteria, to ensure that the provisions of the first subparagraph are met. ~~They shall in particular ensure that the location of new installations takes into account the availability of suitable heat loads for cogeneration in accordance with Annex VIII.~~

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 4 – subparagraph 2

Member States shall notify such conditions for exemption to the Commission by 1 January 2014. The Commission may refuse those conditions or make suggestions for modifications in the 6 months following notification. In such cases, the conditions for exemption shall not be applied by the Member State concerned until the Commission expressly accepts the resubmitted or modified conditions.deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 6

6. Member States shall ensure that, whenever an existing electricity generation installation with a total rated thermal input exceeding 20 MW is substantially refurbished or when, in accordance with Article 21 of Directive 2010/75/EC, its permit is updated, conversion to allow its operation as a high-efficiency cogeneration installation is set as a condition in the new or updated permit or licence, provided that the installation is sited in a location where the waste heat can be used by heat demand points in accordance with point 1 of Annex VIII. The equipment of electricity generation installations with carbon capture or storage facilities shall not be considered as refurbishment for the purpose of these provisions.deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 7

7. Member States may lay down conditions for exemption from the provisions of paragraph 6 when: (a) the threshold conditions related to the availability of heat load set out in point 1 of Annex VIII are not met; or (b) a cost-benefit analysis shows that the costs outweigh the benefits in comparison with the full life-cycle costs, including infrastructure investment, of providing the same amount of electricity and heat with separate heating or cooling. Member States shall notify such conditions for exemption to the Commission by 1 January 2014. The Commission may refuse those conditions or make suggestions for modifications in the 6 months following notification. In such cases, the conditions for exemption shall not be applied by the Member State concerned until the Commission expressly accepts the resubmitted or modified conditions.deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 8

8. Member States shall adopt authorisation or equivalent permitting criteria to ensure that industrial installations with a total thermal input exceeding 20 MW generating waste heat that are built or substantially refurbished after [the entry into force of this Directive] capture and make use of their waste heat. Member States shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks. They may require these installations to bear the connection charges and the cost of developing the district heating and cooling networks necessary to transport their waste heat to consumers. Member States may lay down conditions for exemption from the provisions in the first sub-paragraph when: (a) the threshold conditions related to the availability of heat load set out in point 2 of Annex VIII are not met; or (b) a cost-benefit analysis shows that the costs outweigh the benefits in comparison with the full life-cycle costs, including infrastructure investment, of providing the same amount of heat with separate heating or cooling. Member States shall notify such conditions for exemption to the Commission by 1 January 2014. The Commission may refuse those conditions or make suggestions for modifications in the 6 months following notification. In such cases, the conditions for exemption shall not be applied by the Member State concerned until the Commission expressly accepts the resubmitted or modified conditions.deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 9

~~9. The Commission shall establish by 1 January 2013 by means of a~~ delegated ~~act in accordance with Article 18 a methodology for the cost-benefit analysis referred to in paragraphs 4 (c), 7 (b) and 8(b).~~

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 10

10. On the basis of the harmonised efficiency reference values referred to in Annex II (f), Member States shall ensure that the origin of electricity produced from high-efficiency cogeneration can be guaranteed according to objective, transparent and non-discriminatory criteria laid down by each Member State. They shall ensure that this guarantee of origin complies with the requirements and contains at least the information specified in Annex IX. Member States shall mutually recognise their guarantees of origin, exclusively as proof of the information referred to in this paragraph. Any refusal to recognise a guarantee of origin as such proof, in particular for reasons relating to the prevention of fraud, must be based on objective, transparent and non- discriminatory criteria. Member States shall notify the Commission of such refusal and its justification. In the event of refusal to recognise a guarantee of origin, the Commission may adopt a decision to compel the refusing party to recognise it, particularly with regard to objective, transparent and non- discriminatory criteria on which such recognition is based. The Commission shall be empowered to review, by means of delegated acts in accordance with Article 18, the harmonised efficiency reference values laid down in Commission Decision [the number of the Decision] on the basis of Directive 2004/8/EC for the first time by 1 January 2015, and every ten years thereafter.deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 10 – paragraph 11

11. Member States shall ensure that any available support for cogeneration is subject to the electricity produced originating from high-efficiency cogeneration and the waste heat being effectively used to achieve primary energy savings. They shall not differentiate between electricity consumed on site and electricity exported to the grid. Public support to cogeneration and district heating generation and networks is subject to State aid rules, where applicable.deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 11

Energy transformation Member States shall draw up an inventory of data in accordance with Annex X for all installations undertaking the combustion of fuels with total rated thermal input of 50 MW or more and installations undertaking the refining of mineral oil and gas within their territory. This shall be updated every three years. The annual installation-specific data contained in these inventories shall be made available to the Commission upon request. Member States shall include a non-confidential summary containing aggregated information of the inventories in the reports referred to in Article 19(2).deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 12 – paragraph 3

3. Member States may permit components of schemes and tariff structures with a social aim for net-bound energy transmission and distribution, provided that any disruptive effects on the transmission and distribution system are kept to the minimum necessary and are not disproportionate to the social aim.deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1 – point b

b) provide ~~priority or~~ guaranteed access to the grid of electricity from high efficiency cogeneration;

2011/11/18
Committee: ITRE

Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1 – point c

~~c) when dispatching electricity generating installations, provide priority dispatch of electricity from high efficiency cogeneration.~~deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 12 – paragraph 6 – subparagraph 2

Where appropriate, Member States may require transmission system operators and distribution operators to encourage high- efficiency cogeneration to be sited close to areas of demand by reducing the connection and use-of-system charges.deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 12 – paragraph 7

~~7. Member States may allow producers of electricity from high-efficiency cogeneration wishing to be connected to the grid to issue a call for tender for the connection work.~~deleted

2011/11/18
Committee: ITRE

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1

The Commission shall be empowered to adopt a delegated act in accordance with Article 18 to establish the system of mutual recognition of energy savings achieved under the national energy efficiency obligation schemes referred to in Article 6(910).

2011/11/22
Committee: ITRE

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2

~~The Commission shall be empowered to adopt a~~ delegated ~~act in accordance with Article 18 to establish the methodology for cost-benefit analysis referred to in Article 10(9).~~

2011/11/22
Committee: ITRE

Proposal for a directive
Article 17 – paragraph 1 – subparagraph 3

~~The Commission shall be empowered to adopt~~ delegated ~~act in accordance with Article 18 to review the harmonised efficiency reference values referred to in Article 10(10) third indent.~~

2011/11/22
Committee: ITRE

Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1

The Commission's assessment of the first supplementary report shall include an assessment of the energy efficiency levels of existing and new installations undertaking the combustion of fuels with a total rated thermal input of 50 MW or more and installations undertaking the refining of mineral oil and gas, in the light of the relevant best available techniques as developed in accordance with Directive 2010/75/EU and Directive 2008/1/EC. Where this assessment identifies significant discrepancies between the actual energy efficiency levels of such installations and energy efficiency levels associated with the application of the relevant best available techniques, the Commission shall propose, if appropriate, requirements to improve the energy efficiency levels achieved by such installations or that the use of such techniques shall in future be a condition for the permitting of new installations and for the periodic review of the permits for existing installations.deleted

2011/11/22
Committee: ITRE

Proposal for a directive
Annex IV – footnote 3

[3] Applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on final energy consumption. For savings in kWh electricity Member States may apply a default coefficient of 2,5 reflecting the estimated current EU average efficiency for thermal electricity production. Member States ~~may~~shall apply a different coefficient ~~provided they can justify it.~~ if the plants are more efficient and adapt this regularly.

2011/11/22
Committee: ITRE

Proposal for a directive
Annex VII

deleted

2011/11/22
Committee: ITRE

Proposal for a directive
Annex VIII

deleted

2011/11/22
Committee: ITRE

Proposal for a directive
Annex IX

deleted

2011/11/22
Committee: ITRE

Proposal for a directive
Annex X

deleted

2011/11/22
Committee: ITRE

Proposal for a directive
Annex XIV – Part 2 - section 3 – point 3.4

3.4. Promotion of efficient heating and cooling (Article 10) Supplementary reports shall include an assessment of the progress achieved in implementing the national heating and cooling plan referred to in Article 10(1).deleted

2011/11/22
Committee: ITRE

Proposal for a directive
Annex XIV – Part 2 – section 3 – point 3.5

3.5. Energy transformation (Article 11) – Supplementary reports shall include a non-confidential summary of the inventories of data referred to in Article 11, in accordance with the requirements set in Annex X.deleted

2011/11/22
Committee: ITRE