Activities of Erik POULSEN 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 (41)
Amendment 31 #
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, biosolutions and energy-system related energy efficiency technologies, and efficient water technology 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 37 #
Proposal for a regulation
Recital 7
Recital 7
(7) To meet the 2030 climate and energy targets, energy efficiency needs to be prioritised. Saving energy is the cheapest, safest and cleanest way to meet those targets. ‘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. Additionally, in view of the water-energy nexus, it will be critical to ensure the uptake of technologies facilitating a reduction of the water footprint within net-zero strategic projects.
Amendment 42 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
Amendment 62 #
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 biofuels including 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 73 #
Proposal for a regulation
Recital 13
Recital 13
(13) The development of carbon capture and storage solutions for industry 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 reach the Union-wide target for CO2 injection capacity. To ensure that injection capacity will deliver the expected CO2 removals and to avoid stranded assets, CCS value chains including capture-transport and storage need to be established by 2030.
Amendment 81 #
Proposal for a regulation
Recital 14
Recital 14
(14) A key bottleneck for carbon capture investments that are today increasingly economically viable is the availability of operating CO2 storage sites in Europe, which underpin the incentives from Directive 2003/87/EC. To scale up the technology and expand its leading manufacturing capacities, the EU needs to develop a forward-looking supply of permanent geological CO2 storage sites permitted in accordance with Directive 2009/31/EU36 . By defining a Union target of 560 million tonnes of annual operational CO2 injection capacity by 2030, in line with the expected capacities needed in 2030, the relevant sectors can coordinate their investments towards a European Net- Zero CO2 transport and storage value chain that industries can use to decarbonise their operations. This initial deployment will also support further CO2 storage in a 2050 perspective. According to the Commission’s estimates, the Union could need to capture up to 550 million tonnes of CO2 annually by 2050 to meet the net zero objective37 , including for carbon removals. Such a first industrial-scale storage capacity will de-risk investments into the capturing of CO2 emissions as important tool to reach climate neutrality. When this regulation is incorporated into the EEA Agreement, the Union target of 50 million tonnes of annual operational CO2 injection capacity by 2030 will be adjusted accordingly. _________________ 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 82 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) To reach the Union’s target of 60 million tonnes of annual operational CO2 injection capacity by 2030 it is necessary to support cross-border transportation of CO2 and to overcome the limitations set by the London Protocol. The Commission should develop a CO2 infrastructure plan with actions towards creating a regulatory and financial framework to establish a unified CCS market in the EU.
Amendment 84 #
Proposal for a regulation
Recital 15
Recital 15
(15) By defining CO2 storage sites that contribute to the Union’s 2030 target as net-zero strategic projects, the development of CO2 storage sites can be accelerated and facilitated, and the increasing industrial demand for storage sites can be channelled towards the most-cost-effective storage sites. An increasing volume of depleting gas and oil fields that could be converted in safe CO2 storage sites are at the end of their useful production lifetime. In addition, the oil and gas industry has affirmed its determination to embark on an energy transition and possesses the assets, skills and knowledge needed to explore and develop additional storage sites. To reach the Union’s target of 560 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. In order to ensure a timely, Union-wide and cost- effective development of CO2 storage sites in line with the EU objective for injection capacity, licensees of oil and gas production in the EU should contribute to this target pro rata of their oil and gas manufacturing capacity, while providing flexibilities to cooperate and take into account other contributions of third parties.
Amendment 88 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) After the entry into force of this regulation, the Commission shall assess the introduction of post-2030 targets for CO2 storage to contribute to the Union´s 2035, 2040 and 2045 climate targets and to the objective to reach climate neutrality at the latest by 2050.
Amendment 148 #
Proposal for a regulation
Recital 51
Recital 51
(51) Given their role in ensuring the Union’s security of supply for net-zero technologies, and their contribution to the Union’s open strategic autonomy and the green and digital transition, responsible permitting authorities should considerpresume Net- Zero Strategic Projects to be in the public interest. Based on its case-by-case assessment, a responsible permitting authority may conclude that the public interest served by the project overrides the public interests related to nature and environmental protection and that consequently the project mayshould be authorised, provided that all relevant conditions set out in Directive 2000/60/EC, Directive 92/43/EEC and Directive 2009/147/EC63and time limits are met. _________________ 63 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7–25).
Amendment 164 #
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 integral part of the permit granting procedure for a net zero technologies manufacturing project and an essential 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, a they should not exceed the pre-set time limit for any stage in the permitting process. Any potential to streamline the required assessments and authorisations while not 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 172 #
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 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 ofinclude, where relevant, provisions for net-zero technologies manufacturing projects when developing relevant plans.
Amendment 179 #
Proposal for a regulation
Recital 62
Recital 62
(62) Net-zero regulatory sandboxes can be an important tool to promote innovation in the field of net-zero technologies ands well as regulatory learning and should include all technologies with potential to enable the transition to a climate neutral, clean economy and reduce strategic dependencies. Innovation needs to be enabled through experimentation spaces as scientific outcomes need to be tested in a controlled real-word environment. Regulatory sandboxes should be introduced to test innovative net-zero technologies in a controlled environment for a limited amount of time It is appropriate to strike a balance between legal certainty for participants in the Net- Zero regulatory sandboxes and the achievement of the objectives of Union law. As Net-Zero regulatory sandboxes must in any case comply with the essential requirements on Net-Zero technology laid out in Union and national law, it is appropriate to provide that participants , who comply with the eligibility requirements for Net-Zero regulatory sandboxes and who follow, in good faith, the guidance provided by the competent authorities and the terms and conditions of the plan agreed with those authorities, are not subject to any administrative fines or penalties. This is justified as the safeguards in place will, in principle, ensure effective compliance with Union or Member State law on the Net-Zero technology supervised in the regulatory sandboxes. The Commission will publish a Guidance for Sandboxes document in 2023 as announced in the New European Innovation Agenda to support Member States in preparing the net zero technology sandboxes. Those innovative technologies could eventually be essential to achieve the Union’s climate neutrality objective, ensure the security of supply and resilience of the Union’s energy system, and consequently enter the scope of strategic net-zero technologies.
Amendment 208 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The Commission shall, if necessary, review and update the list of net-zero technologies and the annex of strategic net-zero technologies by means of delegated acts in accordance with Article 33 one year after the date of entry into force of this Regulation and every year thereafter;
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. The yearly review and update of the list of net-zero technologies and the annex of strategic net-zero technologies shall be based on the following criteria and an assessment of: 1. Technology neutrality with the aim of including relevant technologies that meet the criteria for substantial contribution to climate change mitigation in accordance with article 10 of Regulation (EU) 2020/852; 2. Technology that is critical for meeting EU's climate neutrality target; 3. Technology with an untapped potential as well as technologies facing market failures due to insufficient funding and regulation;
Amendment 227 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘net-zero technologies’ means renewable energy technologies66 ; electricity and heat storage technologies; heat pumps; grid technologies; renewable fuels of non-biological origin technologies; sustainable alternative fuels technologies67 ; electrolysers and fuel cells; advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle, small modular reactors, and related best-in-class fuels; carbon capture, utilisation, and storage technologies; biosolutions; and energy-system related energy efficiency technologies and efficient water technology. 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 240 #
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 definition of ‘net-zero technologies’, except that they have not reached a tith potential to enable the transition to a climate neutral, clean echonology readiness level of at least 8my and reduce strategic dependencies, and that comprise genuine innovation which are not currently available on the market and are advanced enough to be tested in a controlled environment.
Amendment 318 #
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 shall 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 subparagraph is issued as soon as possible and within a period of time not exceeding 3015 days from the date on which the project promoter submitted its request.
Amendment 334 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national competent authority shall ensure that the authorities concerned issue a reasoned conclusion as referred to in Article 1(2), point (g)(iv) of Directive 2011/92/EU on the environmental impact assessment within threewo months of receiving all necessary information gathered pursuant to Articles 5, 6 and 7 of that Directive and completing the consultations referred to in Articles 6 and 7 of that Directive.
Amendment 337 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. In exceptional cases, where the nature, complexity, location or size of the proposed project so requires, the national competent authority may extend the time limits referred to in paragraph 3 by a maximum of 1 month, before their expiry and on a case-by-case basis. In that event, the national competent authority shall inform the project promoter of the reasons justifying the extension and of the date when the reasoned conclusion is expected in writing.
Amendment 338 #
Proposal for a regulation
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. The lack of a reasoned conclusion by the competent authority within the applicable time limits referred to in paragraph 3 shall result in a positive conclusion of the assessment procedure.
Amendment 340 #
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 45 days. In cases falling under the second sub-paragraph of Article 6(4), this period shallcan be extended to 90 daysmaximum 90 days. In that event, the national competent authority shall inform the project promoter of the reasons justifying the extension.
Amendment 374 #
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 and all the necessary infrastructure, are subject to an assessment pursuant to Directive 2001/42/EC and pursuant to Article 6 of Directive 92/43/EEC, those assessments shall be combined. Where relevant, that combined assessment shall 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 also be covered by the combined assessment. When there is a need for an assessment according to this Article these assessments shall be conducted in such a way that they do not lead to a prolongation of the time limits referred to in Article 13(1) and 13(2).
Amendment 384 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. All decisions adopted pursuant to this Section and Articles 12 and 13 shall be made publicly available in an easily understandable manner and all decisions concerning one project shall be presented in the same place.
Amendment 461 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Net-zero strategic projects shall be considered to contribute to the security of supply of strategic net-zero technologies in the Union and therefore to be in the public interest. With regard to the environmental impacts addressed in Articles 6(4) and 16(1)I of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1)(a) of Directive 2009/147/EC, net-zero strategic projects in the Union shall, until climate neutrality is achieved, be considered as being of public interest and may be considershall be presumed as havbeing ain the overriding public interest provided that all the conditions set out in those Directives are fulfilled.
Amendment 487 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. National competent authorities shall ensure that the lack of reply of the relevant administrative bodies within the applicable time limits referred to in this Article results in the specific intermediary steps to be considered as approved, except where the specific project is subject to an environmental impact assessment pursuant to Council Directive 92/43/EEC or Directive 2000/60/EC, Directive 2008/98/EC, Directive 2009/147/EC, Directive 2010/75/EU, 2011/92/EU or Directive 2012/18/EU or a determination of whether such environmental impact assessment is necessary and the relevant assessments concerned have not yet been carried out, or where the principle of administrative tacit approval does not exist in the national legal system. The need for such an impact assessment shall be decided on and communicated to the project promoter within 14 days. When this is not done within this time limit it shall be considered that such an impact assessment is not needed. This provision shall not apply to final decisions on the outcome of the process, which are to be explicit. All decisions shall be made publicly available.
Amendment 512 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
An annual injection capacity of at least 560 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). Of the annual injection capacity of at least 60 million tonnes of CO2, at least 20 million tonnes shall be reserved for the permanent removal of CO2 through the injection of biogenic and/or atmospheric CO2.
Amendment 522 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 525 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) make publicly available data on areas where CO2 storage spermites can be permittor exploration permits have been issued con their territorysidering the full scope of viable options and geologies.
Amendment 563 #
Proposal for a regulation
Article 18 – title
Article 18 – title
18 Contribution of authorised oil and gas producerfrom Member States
Amendment 564 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Each entity holding an authorisation as defined in Article 1, point 3, of Directive 94/22/ECMember States shall be subject to an individual contribution to the Union- wide target for available CO2 injection capacity set in Article 16. Those individualMember State contributions shall be calculated pro-rata on the basis of each entity’Member States share in the Union’s coal, crude oil and natural gas production from 1 January 2020 to 31 December 2023 and shall consist of CO2 injection capacity in a storage site permitted in accordance with Directive 2009/31/EC on the geological storage of carbon dioxide and available to the market by 2030.
Amendment 570 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Within three months of the entry into force of this Regulation, Member States shall, identify and report to the European Commission the entities referred to in paragraph 1 and their volumes in coal, crude oil and natural gas that are productioned from 1 January 2020 to 31 December 2023.
Amendment 574 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Following the receipt of the reports submitted pursuant to Article 17 (2), the Commission after having consulted Member States and interested parties, shall specify the share of the contribution to the Union CO2 injection capacity objective by 2030 from entitiMember States referred to in paragraph 1.
Amendment 579 #
Proposal for a regulation
Article 18 – paragraph 4 – introductory part
Article 18 – paragraph 4 – introductory part
4. Within twelve months of the entry into force of the Regulation, the entities referred to in paragraph 1Member States shall submit to the Commission a plan detailing how they intend to meet their contributione to Union CO2 injection capacity objective by 2030. Those plans shall:
Amendment 581 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) confirm the entity'Member States contribution, expressed in terms of targeted volume of new CO2 storage and injection capacity commissioned by 2030;
Amendment 593 #
Proposal for a regulation
Article 18 – paragraph 5 – introductory part
Article 18 – paragraph 5 – introductory part
5. To meet their targeted volumes of available injection capacity, entitiMember States referred to in paragraph 1 can do any of the following:
Amendment 595 #
Proposal for a regulation
Article 18 – paragraph 5 – point a
Article 18 – paragraph 5 – point a
(a) develop CO2 storage projects alone or in co-operation with private companies;
Amendment 597 #
Proposal for a regulation
Article 18 – paragraph 5 – point b
Article 18 – paragraph 5 – point b
(b) enter into agreements with other entitiMember States referred to in paragraph 1;
Amendment 601 #
Proposal for a regulation
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) enter into agreements with third party storage project developers or investors to fulfil their contribution.
Amendment 606 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. Two years after the entry into force of the Regulation and every year thereafter, the entitiMember States referred to in paragraph 1 shall submit a report to the Commission detailing their progress towards meeting their contribution. In line with Directive 2009/31/EC, this report shall include details on new injection capacity commissioned, how much of that capacity is being utilised, and the sources of CO2 that is stored. The Commission shall make these reports public.
Amendment 735 #
Proposal for a regulation
Annex – row 6
Annex – row 6
6. Sustainable biofuels including biogas/biomethane technologies