49 Amendments of Francisco ASSIS related to 2016/0382(COD)
Amendment 38 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2009/28/EC of the European Parliament and of the Council has been substantially amended several times, including by Directive (EU) 2015/1513 of the European Parliament and of the Council of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels. Since further amendments are to be made, that Directive should be recast in the interests of clarity.
Amendment 40 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Greenhouse gas emissions reductions are of critical importance for the future of our planet; however they should not compete with other environment protection goals nor with improving air quality in general.
Amendment 43 #
Proposal for a directive
Recital 3
Recital 3
(3) In particular, increasing technological improvements, incentives for the use and expansion of public transport, including green taxation and application of polluter-payer principle, the use of energy efficiency technologies and the promotion of the use of energy from renewable sources in the electricity, heating and cooling sectors as well as in the transport and logistics sector are very effective tools, together with energy efficiency measures, for reducing greenhouse gas emissions in the Union and the Union's dependence on imported gas and oil.
Amendment 46 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Parliament adopted on 4 April 2017 its resolution on Palm oil and deforestation of rainforests (2016/2222 (INI)).
Amendment 49 #
Proposal for a directive
Recital 7
Recital 7
(7) It is thus appropriate to establish a Union binding target of at least 2735% share of renewable energy. Member States should define their contribution to the achievement of this target as part of their Integrated National Energy and Climate Plans through the governance process set out in Regulation [Governance].
Amendment 55 #
Proposal for a directive
Recital 10
Recital 10
(10) Member States should take additional measures in the event that the share of renewables at the Union level does not meet the Union trajectory towards the at least 2735% renewable energy target. As set out in Regulation [Governance], if an ambition gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Plans, the Commission may take measures at Union level in order to ensure the achievement of the target. If a delivery gap is identified by the Commission during the assessment of the Integrated National Energy and Climate Progress Reports, Member States should apply the measures set out in Regulation [Governance], which are giving them enough flexibility to choose.
Amendment 61 #
Proposal for a directive
Recital 20
Recital 20
(20) It is necessary to set comprehensive, transparent and unambiguous rules for calculating the share of energy from renewable sources and for defining those sources.
Amendment 66 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to ensure that Annex IX takes into account the principles of the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council17 , the Union sustainability criteria, the Common Agricultural Policy framework, and the need to ensure that the Annex does not create additional demand for land while promoting the use of wastes and residues, the Commission, when regularly evaluating the Annex, should consider the inclusion of additional feedstocks that do not cause significant distortive effects on markets for (by-)products, wastes or residues. __________________ 17 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Amendment 70 #
Proposal for a directive
Recital 31
Recital 31
(31) The coherence between the objectives of this Directive and the Union's otherlegislation, especially environmental legislation, should be ensured. In particular, during the assessment, planning or licensing procedures for renewable energy installations, Member States should take account of all Union legislation, including environmental legislation, and the contribution made by renewable energy sources towards meeting environmental and climate change objectives, in particular when compared to non-renewable energy installations.
Amendment 73 #
Proposal for a directive
Recital 45
Recital 45
(45) It is important to provide information on how the supported electricity is allocated to final customers. In order to improve the quality of that information to consumers, Member States should ensure that guarantees of origin are issued for all units of renewable energy produced. In addition, with a view to avoiding double compensation, renewable energy producers already receiving financial support should not receive guarantees of origin. However, those guarantees of origin should be used for disclosure so that final consumers can receive clear, reliable and adequate evidence on the renewable origin of the relevant units of energy. Moreover, for renewable electricity that received support, the guarantees of origin should be auctioned to the market and the revenues should be used to reduce public subsidies for renewable energy.
Amendment 77 #
Proposal for a directive
Recital 61 a (new)
Recital 61 a (new)
(61a) The transport sector accounts for 32% of EU's total energy consumption, is responsible for 22% of total EU greenhouse gas emissions and its energy demand relies for 94% on oil, leading to energy dependency and vulnerability to price fluctuation. While the share of renewable energy in transport is gradually increasing, progress has been slow, partly due to policy uncertainty and low competitiveness of alternative fuels.
Amendment 81 #
Proposal for a directive
Recital 62
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that fstrong incentives need to be provided to innovate in energies needed for the long-term decarbonisation of transport, such as electro-mobility, advanced biofuels and other alternative renewable fuels. It is also important to keep in mind that all fuels have their benefits and disadvantages, and therefore a diverse mix is necessary. Food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive.
Amendment 86 #
Proposal for a directive
Recital 64
Recital 64
(64) AIn respect of the sustainability criteria, advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, and renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost- effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. Concrete measures at both the demand and the supply side should be put in place to incentivise the transition towards the renewable electrification of transport. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels.
Amendment 89 #
Proposal for a directive
Recital 65
Recital 65
(65) The promotion of low carbon fossil fuels that are produced from fossil waste streams can also contribute towards the policy objectives of energy diversification and transport decarbonisation. It is therefore appropriate to include those fuels in the incorporation obligation on fuel suppliers. But those fuels cannot be considered renewable, and therefore should be addressed in a dedicated legislative text.
Amendment 92 #
Proposal for a directive
Recital 66
Recital 66
(66) Feedstocks which have low indirect land use change impacts when used for biofuels, shouldwill be promoted for their contribution to the decarbonisation of the economy. Especially feedstocks for advanced biofuels, for which technology is more innovative and less mature and therefore needs a higher level of support, should be included in an annex to this Directive. In order to ensure that this annex is up to date with the latest technological developments while avoiding unintended negative effects, and to identify possible loopholes in the legislation, a regular evaluation shouldwill take place after the adoption of the Directive, in order to assess the possibility to extend the annex to new feedstockssustainable feedstocks and to address potential weaknesses of the legislation.
Amendment 94 #
Proposal for a directive
Recital 71
Recital 71
(71) The production of agricultural raw material for biofuels, bioliquids and biomass fuels, and the incentives for their use provided for in this Directive, should respect sustainable production criteria, and should not have the effect of encouraging the destruction of biodiverse lands. Such finite resources, recognised in various international instruments to be of value to all mankind, should be preserved. It is therefore necessary to provide sustainability and greenhouse gas emissions savings criteria ensuring that biofuels, bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or, in the case of areas designated for nature protection purposes or for the protection of rare, threatened or endangered ecosystems or species, the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes. Forests should be considered as biodiverse according to the sustainiability criteria, where they are primary forests in accordance with the definition used by the Food and Agriculture Organisation of the United Nations (FAO) in its Global Forest Resource Assessment, or where they are protected by national nature protection law. Areas where the collection of non-wood forest products occurs should be considered to be biodiverse forests, provided the human impact is small. Other types of forests as defined by the FAO, such as modified natural forests, semi- natural forests and plantations, should not be considered as primary forests. Having regard, furthermore, to the highly biodiverse nature of certain grasslands, both temperate and tropical, including highly biodiverse savannahs, steppes, scrublands and prairies, biofuels , bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this Directive. The Commission should establish appropriate criteria to define such highly biodiverse grasslands in accordance with the best available scientific evidence and relevant international standards.
Amendment 95 #
Proposal for a directive
Recital 74
Recital 74
(74) In the framework of the Common Agricultural Policy Union, farmers shouldwill comply with a comprehensive set of environmental requirements in order to receive direct support. Compliance with those requirements can be most effectively verified in the context of agricultural policy. Including those requirements in the sustainability scheme is not appropriate as the sustainability criteria for bioenergy should set out rules that are objective and apply globally. Verification of compliance under this Directive would also risk causing unnecessary administrative burdenEnvironmental and health damages cannot be a counterpart to greenhouse gas emissions savings.
Amendment 98 #
Proposal for a directive
Recital 88
Recital 88
(88) If land with high stocks of carbon in its soil or vegetation is converted for the cultivation of raw materials for biofuels, bioliquids and biomass fuels, some of the stored carbon will generally be released into the atmosphere, leading to the formation of carbon dioxide. The resulting negative greenhouse gas impact can offset the positive greenhouse gas impact of the biofuels, bioliquids or biomass fuels, in some cases by a wide margin. The full carbon effects of such conversion shouldwill therefore be taken into account in calculating the greenhouse gas emission saving of particular biofuels, bioliquids and biomass fuels. This is necessary to ensure that the greenhouse gas emission saving calculation takes into account the totality of the carbon effects of the use of biofuels, bioliquids and biomass fuels.
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) 'fuel' means any solid, liquid or gaseous substance that can be used to release energy from various sources;
Amendment 108 #
Proposal for a directive
Article 2 – paragraph 2 – point g a (new)
Article 2 – paragraph 2 – point g a (new)
(ga) 'highly sustainable crop based biofuels' means biofuels that – have limited impact on food and water availability; – save at least 70% GHG emissions compared to fossil fuel according to the methodology in article 28 (1) from 2021, increasing to at least 80% by 2030; – are produced from feedstocks obtained in accordance with the requirements and standards under the provisions referred to Article 93 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural Policy ; or are certified to comply with an equivalent set of sustainability standards.
Amendment 113 #
Proposal for a directive
Article 2 – paragraph 2 – point f f
Article 2 – paragraph 2 – point f f
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall collectively ensure that the share of energy from renewable sources in the Union's gross final consumption of energy in 2030 is at least 2735%.
Amendment 123 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States' respective contributionbinding targets to this overall 2030 target shall be set and notified to the Commission as part of their Integrated National Energy and Climate Plans in accordance with Articles 3 to 5 and Articles 9 to 11 of Regulation [Governance].
Amendment 133 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State's gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,81% in 2030 following the trajectory set out in part A of Annex X. For 'highly sustainable crop based biofuels' as defined in Article 2 this limit shall be reduced to 3.8%. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, takingand shall take into account indirect land use change, in accordance with Annex VIII and Directive 2015/1513.
Amendment 145 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Two or more Member States may cooperate on all types of joint projects relating to the production of electricity, fuel, heating or cooling from renewable energy sources. That cooperation may involve private operators.
Amendment 148 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States shall notify the Commission of the proportion or amount of electricity, fuel, heating or cooling from renewable energy sources produced by any joint project in their territory, that became operational after 25 June 2009, or by the increased capacity of an installation that was refurbished after that date, which is to be regarded as counting towards the national overall renewable energy share of another Member State for the purposes of this Directive.
Amendment 149 #
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the total amount of electricity or fuel or heating or cooling produced during the year from renewable energy sources by the installation which was the subject of the notification under Article 9; and
Amendment 150 #
Proposal for a directive
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) the amount of electricity or fuel or heating or cooling produced during the year from renewable energy sources by that installation which is to count towards the national overall renewable energy share of another Member State in accordance with the terms of the notification.
Amendment 151 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. For the purposes of this Directive , the amount of electricity or fuel or heating or cooling from renewable energy sources notified in accordance with paragraph 1(b) shall be:
Amendment 152 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) deducted from the amount of electricity or fuel or heating or cooling from renewable energy sources that is taken into account, in measuring the renewable energy share of the Member State issuing the letter of notification under paragraph 1; and
Amendment 153 #
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) added to the amount of electricity or fuel or heating or cooling from renewable energy sources that is taken into account in measuring the renewable energy share of the Member State receiving the letter of notification in accordance with paragraph 2.
Amendment 154 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1
Article 15 – paragraph 1 – subparagraph 1
Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to plants and associated transmission and distribution network infrastructures for the production of electricity, heating or cooling from renewable energy sources, and to the process of transformation of biomass into biofuels or other energy products, as well as for the deployment of alternative fuel networks, are proportionate and necessary.
Amendment 156 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. By 1 January 2021 Member States shall set up one or more single administrative contact points which will coordinate the entire permit granting process for applicants for permits to build and operate plants and associated transmission and distribution network infrastructures for the production of energy from renewable energy sources, as well as for the deployment of alternative fuel networks.
Amendment 167 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph -1 (new)
Article 25 – paragraph 1 – subparagraph -1 (new)
In order to facilitate the penetration of renewable energy in the transport sector, each Member State shall gradually increase the share of renewable energy supplied to at least 12% in 2030, expressed in terms of national share of final energy consumption and calculated according to the methodology set out in Article 7.
Amendment 168 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
With effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, sustainable biofuels', from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 176 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum share shall be at least equal to 1.5% in 2021, increasing up to at least 6.89% in 2030, following the trajectory set out in part B of Annex X. Within this total share, the contribution of advanced biofuels and biogas produced from feedstock listed in part A of Annex IX shall be at least 01.5% of the transport fuels supplied for consumption or use on the market as of 1 January 2021, increasing up to at least 3.65.3% by 2030, following the trajectory set out in part C of Annex X.
Amendment 177 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 3
Article 25 – paragraph 1 – subparagraph 3
The total greenhouse gas emission savings, also taking into account possible indirect land-use change emissions, from the use of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX shall be at least 70% as of 1 January 2021.
Amendment 178 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point a
Article 25 – paragraph 1 – subparagraph 4 – point a
(a) for the calculation of the denominator, that is the energy content of road and rail transport fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin, waste-based fossil fuels and electricity, shall be taken into account;
Amendment 186 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
for the calculation of the numerator, the energy content of advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, waste based fossil fuels supplied to all transport sectors, and renewable electricity supplied to road vehicles, shall be taken into account.
Amendment 193 #
Proposal for a directive
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. With effect from 1 January 2021, for the calculation of greenhouse gas emission savings from the use of advanced biofuels and other biofuels, suppliers shall report annually, to the authority designated by the Member State, on the greenhouse gas intensity fuel and energy supplied accordingly to article 7(a) of Directive 98/70/EC. With effect from 1 January 2021, Member States shall require fuel suppliers to reduce life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by 31 December 2030, compared with the fuel baseline standard referred to in Directive 2015/652/EC.
Amendment 196 #
Proposal for a directive
Article 25 – paragraph 6
Article 25 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to further specify the methodology referred to in paragraph 3(b) of this Article to determine the share of biofuel resulting from biomass being processed with fossil fuels in a common process, to specify the methodology for assessing greenhouse gas emission savings from renewable liquid and gaseous transport fuels of non-biological origin and waste-based fossil fuels and to determine minimum greenhouse gas emission savings required for these fuels for the purpose of paragraph 1 of this Article.
Amendment 199 #
Proposal for a directive
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. Biofuels, bioliquids and biomass fuels based on agricultural biomass shall be produced from raw material produced in respect of common agricultural policy cross compliance criteria.
Amendment 203 #
Proposal for a directive
Article 26 – paragraph 10 a (new)
Article 26 – paragraph 10 a (new)
10a. Sustainability and greenhouse gas emissions saving criteria shall apply similarly to biofuels, bioliquids and biomass fuels produced in the EU or imported from third-countries.
Amendment 204 #
Proposal for a directive
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V for biofuels and bioliquids and in part A of Annex VI for biomass fuels where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V and for those biomass fuels calculated in accordance with point 7 of part B of Annex VI is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex VIII by using that default value, ;
Amendment 205 #
Proposal for a directive
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V for biofuels and bioliquids and in part B of Annex VI for biomass fuels , adding the estimates for indirect land-use change emissions set out in Annex VIII;
Amendment 206 #
Proposal for a directive
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors; or, adding the estimates for indirect land-use change emissions set out in Annex VIII.
Amendment 207 #
Proposal for a directive
Article 28 – paragraph 1 – point d
Article 28 – paragraph 1 – point d
(d) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part B of Annex VI, where disaggregated default values in part C of Annex VI may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part B of Annex VI, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex VIII.
Amendment 208 #
Proposal for a directive
Article 28 – paragraph 5 – subparagraph 1
Article 28 – paragraph 5 – subparagraph 1
The Commission shall keep Annex V and Annex VI under review, with a view, where justified, to add ing or revisinge values for new biofuel , bioliquid and biomass fuel production pathways . That review shall also consider the modification of the methodology laid down in part C of Annex V and in part B of Annex VI . In the event that the Commission's review concludes that changes to Annex V or Annex VI should be made, the Commission shall submit a legislative proposal to the European Parliament and the Council.
Amendment 216 #
Proposal for a directive
Annex IX – Part B – point a
Annex IX – Part B – point a
(a) Used cooking oil, provided that the Commission comes up with a specific definition of what "used" means.