52 Amendments of Jolanta Emilia HIBNER related to 2011/0172(COD)
Amendment 69 #
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘efficient district heating and cooling’ means a district heating or cooling system using at least 50% renewable, waste or cogenerated heat or a combination thereof andor having a primary energy factor, as referred to in Directive 2010/31/EU, of at least 0.8;
Amendment 89 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. By 30 June 2014, the Commission shall assess whether the Union is likely to achieve its target of 20 % primary energy savings by 2020, requiring a reduction of EU primary energy consumption of 368 Mtoe in 2020, taking into account the sum of the national targets referred to in paragraph 1 and the evaluation referred to in Article 19(4).
Amendment 101 #
Proposal for a directive
Article 4 – paragraph 1
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, 32% of the total floor area owned by their public bodies is 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 32% rate shall be calculated on the total floor area of buildings with a total useful floor area over 500m2, and, after 9 July 2015, 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.
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States may allow their public bodies to count towards their annual renovation rate the excess of renovated building floor area in a given year as if it has instead been renovated in any of the two previous and/or following years.
Amendment 189 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost-effective manner by qualified or accredited experts at the latest by 30 June 2014 andtwo years after the entry into force of this Directive and at least every threfive years from the date of the previous energy audit.
Amendment 193 #
Proposal for a directive
Recital 15
Recital 15
(15) The rate of building renovation needs to be increased, as the existing building stock represents the single biggest potential sector for energy savings. Moreover, buildings are crucial to achieving the EU objective of reducing greenhouse gas emissions by 80-95% by 2050 compared to 1990. Buildings owned by public bodies account for a considerable share of the building stock and have high visibility in public life. It is therefore appropriate to set an annual rate of renovation of all buildings owned by public bodies to upgrade their energy performance. This renovation rate should be without prejudice to the obligations with regard to nearly- zero energy buildings set in Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings. The obligation to renovaterecommendation to annually renovate a rate of public buildings stock complements the provisions of that Directive, which requires Member States to ensure that when existing buildings undergo major renovation their energy performance is upgraded so that they meet minimum energy performance requirements.
Amendment 203 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 4
Article 8 – paragraph 1 – subparagraph 4
In case of heating and cooling, where a building is supplied from a district heating network or from an individual source, a heat meter shall be installed at the building entry or, where appropriate, on the boiler power supply. In multi-apartment buildings, individual heat consumption meters shall also be installed to measure the consumption of heat or cooling for each apartment. Where the use of individual heat consumption meters is not technically 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, except in situations in which it will not be cost effective to do so.
Amendment 221 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By 1 January 20146, 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.
Amendment 227 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodatesupport 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 rather than heat-only generation.
Amendment 234 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
(a) are provided with equipment allowing for the recovery of waste heat by means of a high-efficiency cogeneration unit; andor
Amendment 240 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2
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 additional heat loads for cogeneration in accordance with Annex VIII.
Amendment 256 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Member States shall notify such conditions for exemption to the Commission by 1 January 20146. 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 orapproves the modified conditions.
Amendment 265 #
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
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 condimust be taken into consideration i, on the new or updated permit or licence, provided that the installationbasis of an analysis of cost effectiveness and of its sited in a location where the waste heat can be used by heat demand points in accordance with point 1 of Annex VIIIuse, in the new or updated permit or licence.
Amendment 275 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 2
Article 10 – paragraph 7 – subparagraph 2
Member States shall notify such conditions for exemption to the Commission by 1 January 20146. 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 orapproves the modified conditions.
Amendment 281 #
Proposal for a directive
Article 10 – paragraph 8 – subparagraph 2
Article 10 – paragraph 8 – subparagraph 2
Member States shall establish mechanisms to ensure the connection of these installations to district heating and cooling networks, if there is a demand for heat or cooling in those 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.
Amendment 290 #
Proposal for a directive
Article 10 – paragraph 8 – subparagraph 4
Article 10 – paragraph 8 – subparagraph 4
Member States shall notify such conditions for exemption to the Commission by 1 January 20146. 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 orapproves the modified conditions.
Amendment 300 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
Amendment 300 #
Proposal for a directive
Recital 35
Recital 35
(35) Directive 2006/32/EC requires Member States to adopt and aim to achieve an overall national indicative energy savings target of 9% by 2016, to be reached by deploying energy services and other energy efficiency improvement measures. That Directive states that the second Energy Efficiency Plan adopted by the Member States shall be followed, as appropriate and where necessary, by Commission proposals for additional measures, including extending the period of application of targets. If a report concludes that insufficient progress has been made towards achieving the indicative national targets laid down by that Directive, these proposals are to address the level and nature of the targets. The impact assessment accompanying this Directive finds that the Member States are on track to achieve the 9% target, which is substantially less ambitious than the subsequently adopted 20% energy savingefficiency target for 2020, and therefore there is no need to address the level of the targetsambition.
Amendment 301 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Member States shall ensure the removal of those incentives in transmission and distribution tariffs that unnecessarily increase the volume of distributed or transmitted energy. In this respect, in accordance with Article 3(2) of Directive 2009/72/EC and Article 3(2) of Directive 2009/73/EC, Member States may impose public service obligations relating to energy efficiency on undertakings operating in the electricity and gas sectors.
Amendment 373 #
Proposal for a directive
Annex 6 – part 2 – point 2.1 – paragraph 1 – point c
Annex 6 – part 2 – point 2.1 – paragraph 1 – point c
(c) With centralised heating and cooling, billing shall be provided on a monthly basis during the heating/cooling season, if heating meters are installed.
Amendment 391 #
Proposal for a directive
Annex 9 – point b – paragraph 1
Annex 9 – point b – paragraph 1
The guarantee of origin shall be of the standard size of 1 MWh. It shall relate to the netgross electricity output measured at the station boundary and exported to the grid.
Amendment 403 #
Proposal for a directive
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
17 a. “Industrial waste heat” means hot streams from industry that is a by- product, impossible to avoid at production of the industrial product and could not be used inside the industrial production;
Amendment 455 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States may deviate from the provisions laid down in Articles 4 and 6. They shall notify to the Commission alternative or complementary measures that they plan to adopt in accordance with Article 19 (2). Member States opting for alternative or complementary measures shall ensure that the amount of primary energy savings or the decrease in energy intensity achieved by these alternative or complementary measures is sufficient to achieve the national energy efficiency target.
Amendment 606 #
Proposal for a directive
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) adopt an energy efficiency plan, freestanding or as part of a broader climate or environmental plan, containing specific energy savingefficiency objectives, with a view to continuously improving the body's energy efficiency;
Amendment 714 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Member States shall express the amount of the achieved energy savings potential required from each obligated party in terms of either final or primary energy consumption. The method chosen for expressing the required amount of energy savings shall also be used for calculating the savings claimed by obligated parties. The conversion factors in Annex IV shall apply.
Amendment 733 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the savings claimed by obligated parties are calculated in accordance with Annex V(2). They shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verified. Member States shall ensure that the costs of energy savings can be recovered among final customers. When implementing a saving obligation system in accordance with paragraph 1 Member States shall avoid discrimination, cross-subsidisation and distortion of competition.
Amendment 735 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the savingsachieved energy savings potential claimed by obligated parties are calculated and verified in accordance with Annex V(2). They shall put in place control systems under which at least a statistically significant proportion of the energy efficiency improvement measures put in place by the obligated parties is independently verifiedthe common general measurement and verification criteria and the specific national rules.
Amendment 756 #
Proposal for a directive
Article 6 – paragraph 6 – introductory part
Article 6 – paragraph 6 – introductory part
6. Member States shall publish the achieved energy savings achievedpotential by each obligated party and data on the annual trend of energy savingefficiency improvements under the scheme. For the purposes of publishing and verifying the energy savings achievedachieved energy efficiency measures including their energy savings potential, Member States shall require obligated parties to submit to them at least the followingthe relevant data:.
Amendment 804 #
Proposal for a directive
Article 6 – paragraph 9 – subparagraph 2
Article 6 – paragraph 9 – subparagraph 2
Member States opting for this option shall notify to the Commission, by 1 January 2013 at the latest, the alternative measures that they plan to adopt, including the rules on penalties referred to in Article 9, and demonstrating how they would achieve the required amount of savings. The Commission may refuse such measures or make suggestions for modifications in the 3 months following notification. In such cases, the alternative approach shall not be applied by the Member State concerned until the Commission expressly accepts the resubmitted or modified draft measuresThe Member States shall take these suggestions or modifications into account.
Amendment 870 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that enterprises not included in the second subparagraph of paragraph 1 are subject to an energy audit carried out in an independent and cost-effective manner by qualified or accredited experts at the latest by 30 June 2014 andtwo years from the entry into force of this Directive and at least every threfive years from the date of the previous energy audit.
Amendment 892 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Energy audits carried out in an independent manner resulting from energy management systems such as complying with EN ISO 50001 or implemented under voluntary agreements concluded between organisations of stakeholders and an appointed body and supervised by the Member State concerned or by the Commission, shall be considered as fulfilling the requirements of paragraph 2.
Amendment 1066 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By 1 January 2014, Member States shall establishanalyse 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 planalyses 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 planalyses are taken into account in local and regional development plans, including urban and rural spatial plans, and fulfil the design criteria in Annex VII.
Amendment 1069 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. By 1 January 20146, 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.
Amendment 1093 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall take the necessary measures to develop efficient district heating and cooling infrastructure to accommodatesupport 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 rather than heat-only generation.
Amendment 1126 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 1 – point a
Article 10 – paragraph 3 – subparagraph 1 – point a
(a) are provided with equipment allowing for the recovery of waste heat by means of a high-efficiency cogeneration unit; andor
Amendment 1154 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2
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 not yet covered by heat from high efficient cogeneration in accordance with Annex VIII.
Amendment 1155 #
Proposal for a directive
Article 10 – paragraph 3 – subparagraph 2
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 withtaking into consideration the guidelines laid down in Annex VIII.
Amendment 1159 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – introductory part
Article 10 – paragraph 4 – subparagraph 1 – introductory part
Member States may lmay down conditions for exempinclude in their authorisation criteria or equivalent permit criteria conditions for exempting individual installations from the provisions ofin paragraph 3 when:
Amendment 1165 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point a
Article 10 – paragraph 4 – subparagraph 1 – point a
(a) the threshold conditions related to the availability of heat load set out in point 1 of Annex VIII are not met;a cost-benefit analysis carried out for the individual installation 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; or
Amendment 1175 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 1 – point c
Article 10 – paragraph 4 – subparagraph 1 – point c
(c) 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 coolingthe threshold conditions related to the availability of additional heat load set out in point 1 of Annex VIII are not met.
Amendment 1191 #
Proposal for a directive
Article 10 – paragraph 4 – subparagraph 2
Article 10 – paragraph 4 – subparagraph 2
Member States shall notify such conditions for exemption to the Commission by 1 January 20146. 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 orapproves the modified conditions.
Amendment 1202 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Member States shall ensure that national regulations on urban and rural spatial planning are adapted to the authorisation criteria referred to in paragraph 3 and artake in line withto account the national heating and cooling planalyses referred to in paragraph 1.
Amendment 1208 #
Proposal for a directive
Article 10 – paragraph 6 – subparagraph 1
Article 10 – paragraph 6 – subparagraph 1
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 condimust be taken into consideration i, on the new or updated permit or licence, provided that the installationbasis of an analysis of cost effectiveness and of its sited in a location where the waste heat can be used by heat demand points in accordance with point 1 of Annex VIIIuse, in the new or updated permit or licence.
Amendment 1228 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1
Article 10 – paragraph 7 – subparagraph 1
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)include in their authorisation criteria or permit criteria conditions for exempting individual installations from the provisions in paragraph 6 when 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, or when the threshold conditions related to the availability of additional heat load set out in point 1 of Annex VIII are not met.
Amendment 1233 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1 – point a
Article 10 – paragraph 7 – subparagraph 1 – point a
Amendment 1238 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 1 – point b
Article 10 – paragraph 7 – subparagraph 1 – point b
Amendment 1251 #
Proposal for a directive
Article 10 – paragraph 7 – subparagraph 2
Article 10 – paragraph 7 – subparagraph 2
Member States shall notify such conditions for exemption to the Commission by 1 January 20146. 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 orapproves the modified conditions.
Amendment 1294 #
Proposal for a directive
Article 10 – paragraph 8 – subparagraph 4
Article 10 – paragraph 8 – subparagraph 4
Member States shall notify such conditions for exemption to the Commission by 1 January 20146. 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 orapproves the modified conditions.
Amendment 1307 #
Proposal for a directive
Article 10 – paragraph 9
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 mMethodology for the cost-benefit analysis referred to in paragraphs 4 (c), 7 (b) and 8 (b) is presented in Annex VIII a.
Amendment 1538 #
Proposal for a directive
Article 19 – paragraph 7
Article 19 – paragraph 7
7. By 30 June1 December 20143 the Commission shall submit the assessment referred to in Article 3(2) to the European Parliament and to the Council, followed, if appropriate, by a legislative proposal laying down mandatory national targets.
Amendment 1562 #
Proposal for a directive
Annex I a (new)
Annex I a (new)
Amendment 1777 #
Proposal for a directive
Annex IX – point b – subparagraph 2
Annex IX – point b – subparagraph 2
The guarantee of origin shall be of the standard size of 1 MWh. It shall relate to the net electricity output measured at the station boundary and exported to the gridgeneration from high efficient cogeneration as mentioned in Article 10 paragraph 11.