Activities of José GUSMÃO 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 (28)
Amendment 20 #
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 ambitionIn order to achieve the Union’s climate and social ambition, an active role of the State in planning and promoting the best-suited industrial policy is needed. 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 marketfailure. Therefore, 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.
Amendment 24 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2 a) The Critical Raw Materials Act and the Net Zero Industry Act are deeply interconnected to promote a green transition. Having this in mind, the priority usage of critical and strategic raw materials should be to net zero industry projects with high social and environmental criteria, respecting the Do No Significant Harm (DNSH) principle.
Amendment 25 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
Amendment 46 #
Proposal for a regulation
Recital 34
Recital 34
(34) For the purposes of the application of the provisions on public procurement according to Article 19, where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369 of the European Parliament and of the Council51 , contracting authorities or contracting entities should purchase only the products that comply with the obligation laid down in Article 7 (2) of that Regulation. Moreover, companies that engage in tax avoidance using third-country tax havens should be excluded from public procurement procedures and barred from receiving State aid, as these companies are competing under unfair conditions with companies established in non-tax havens. __________________ 51 Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
Amendment 49 #
Proposal for a regulation
Recital 35
Recital 35
(35) Households and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52 , Member States should for instance set-up national programmes to support the massive public-led deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability and resilience of the EU net-zero technologies. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non- discriminatory, so that they contribute to increase demand for net-zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net- zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies. __________________ 52 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, COM(2022) 221 final, 18.05.2022.
Amendment 53 #
Proposal for a regulation
Recital 40
Recital 40
(40) Access to finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will have to come from private capital53 attracted by the growth potential of the net-zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero manufacturing projects. Swift progress towards the Capital Marublic and private sources due to the scale needed. When private investment by companies, financial investors and off taketrs Union is thus necessary for the EU to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sectoris deemed necessary, it has to be aligned with the requirements of Corporate Due Diligence Directive and the regulatory framework of financial markets and the banking system. __________________ 53 Commission Staff Working Document Identifying Europe's recovery needs 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 - Europe's moment: Repair and Prepare for the Next Generation, SWD(2020) 98 final, Identifying Europe's recovery needs, 27.05.2020.
Amendment 57 #
Proposal for a regulation
Recital 41
Recital 41
(41) Where private investment alone is not sufficient, the effective roll-out of net- zero manufacturing projects may require public support in the form of State aid. Such aid must have an incentive effect and be necessary, appropriate and proportionate. The existing State aid guidelines that have recently undergone an in-depth revision in line with the twin transition objectives provide ample possibilities to support investments for projects in the scope of this Regulation subject to certain conditions. Member States can have an important role in easing access to finance for net-zero technologies manufacturing projects by addressing market failures through targeted State aid support. The Temporary Crisis and Transition Framework (TCTF) adopted on 9 March 2023 aims at ensuring a level playing field within the internal market, targeted to those sectors where a third-country delocalisation risk has been identified, and proportionate in terms of aid amounts. It would enable Member States to put in place measures to support new investments in production facilities in defined, strategic net-zero sectors, including via tax benefits. The permitted aid amount can be modulated with higher aid intensities and aid amount ceilings if the investment is located in assisted areas, in order to contribute to the goal of convergence between Member States and regions. Appropriate conditions are required to verify the concrete risks of diversion of the investment outside the European Economic Area (EEA) and that there is no risk of relocation within the EEA. To mobilise national resources for that purpose, Member States may use a share of the ETS revenues that Member States have to allocate for climate-related purposesublic support it needed, it should be coupled with total or partial public ownership.
Amendment 92 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. Member States shall recognise as net-zero strategic projects net-zero technology manufacturing projects corresponding to a technology listed in the Annex and located in the Union that contributes to the realisation of the objectives set out in Article 1 of this Regulation and meet at least one of the following criteria:
Amendment 93 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – introductory part
Article 10 – paragraph 1 – point b – introductory part
(b) the net-zero technology manufacturing project has positive impact on the Union’s net-zero industry supply chain or downstream sectors, beyond the project promoter and the Member States concerned, contributing to the competitiveness and quality job creation of the Union’s net-zero industry supply chain, according to at least three of thethe mandatory following criteria:
Amendment 94 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv a (new)
Article 10 – paragraph 1 – point b – point iv a (new)
(iv a) it proves the economic feasibility guaranteed by the private promoter;
Amendment 95 #
Proposal for a regulation
Article 10 – paragraph 1 – point b – point iv b (new)
Article 10 – paragraph 1 – point b – point iv b (new)
(iv b) it commits to channel future profits to help achieve the Green Deal ambitions.
Amendment 100 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7 a. Projects where the private promoter is found to be involved in harmful tax practices or in breach of the Corporate Due Diligence Directive shall be cancelled.
Amendment 104 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission and the Member States shall undertake activities to accelerate and crowd-in privateprioritise public investments in for net-zero strategic projects. Such activities may, without prejudice to Article 107 and Article 108 of the TFEU, include providing and coordinating support to net-zero strategic projects facing difficulties in accessing financWhen private investment is deemed necessary, the undertakings shall prove to have the financial capacity to complete the Project and prove their alignment with the requirements of Corporate Due Diligence Directive.
Amendment 107 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1 a. The project must be cancelled if the private undertaking responsible for the net-zero strategic project is found to be involved in harmful tax practices or in breach of the Corporate Due Diligence Directive.
Amendment 112 #
Proposal for a regulation
Article 14 – paragraph 2 – point b
Article 14 – paragraph 2 – point b
(b) assistance to project promoters to further increase theimely public acceptanceparticipation and consultation of the project.
Amendment 123 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1 a. The Net-Zero Europe Platform shall discuss the European needs of both critical and strategic raw materials as defined in Critical Raw Materials Act in order to reach the goals set in the present regulation. The conclusions shall be made public on a yearly basis.
Amendment 125 #
Proposal for a regulation
Article 15 – paragraph 2 – point a
Article 15 – paragraph 2 – point a
Amendment 130 #
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. Any financial public support shall be conditional to the promoter guaranteeing: (a) quality and well paid jobs; (b) long term environmental impact assessment; (c) health and safety measures.
Amendment 132 #
Proposal for a regulation
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2 b. Projects benefitting from public support shall comply with the Due Diligence Directive and the correspondent private undertaking shall halt dividend distribution, share buybacks and variable remuneration payments.
Amendment 133 #
Proposal for a regulation
Article 15 – paragraph 2 c (new)
Article 15 – paragraph 2 c (new)
2 c. The Net Zero Europe Platform must have the capacity to perform random and periodic financial audits for any project that received public support.
Amendment 140 #
Proposal for a regulation
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1 a. Member States shall acquire equity of the companies with which they conclude a contract.
Amendment 142 #
Proposal for a regulation
Article 19 – paragraph 2 – point d a (new)
Article 19 – paragraph 2 – point d a (new)
(d a) the tender’s engagement to guarantee quality jobs;
Amendment 143 #
Proposal for a regulation
Article 19 – paragraph 2 – point d b (new)
Article 19 – paragraph 2 – point d b (new)
(d b) the tender’s contribution to the lowest possible carbon footprint;
Amendment 144 #
Proposal for a regulation
Article 19 – paragraph 2 – point d c (new)
Article 19 – paragraph 2 – point d c (new)
(d c) the tender’s contribution to a sustainable use of critical and strategic raw materials as set in Critical Raw Materials Act.
Amendment 145 #
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. Undertakings that engage in tax avoidance using third-country tax havens shall be excluded from public procurement procedures.
Amendment 150 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 4 of Directive (EU) 2018/2001 and Articles 107 and 108 the Treaty, and to the Union’s international commitments including the GPA and other international agreements by which the Union is bound, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall assess the sustainability and resilience contribution as referred to in Article 19(2) of this Regulation when designing the criteria used for ranking bids in the framework of auctions, the aim of which is to support the production or consumption of energy from renewable sources as defined in Article 2, point (1) of Directive (EU) 2018/2001.
Amendment 154 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The sustainability and resilience contribution shall be given a weight between 150% and 360% of the award criteria, without prejudice of the possibility to give a higher weighting to the criteria in Article 19(2), points (a) and (b), where applicable under Union legislation, and of any limit for non-price criteria set under State aid rules.
Amendment 162 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Without prejudice to Articles 107 and 108 of the Treaty and Article 4 of Directive 2018/200173 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households or consumers which incentivise the purchase of net-zero technology final products listed in the Annex, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability and resilience contribution as referred in Article 19(2), by providing additional proportionate financial compensation. Moreover, the benefits shall be designed to promote a better social integration and to help the ones which suffer the most from energy poverty. __________________ 73 Directive 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