48 Amendments of Corinne LEPAGE related to 2011/0172(COD)
Amendment 47 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive establishes a common framework for the promotion of energy efficiency within the Union in order to ensure the achievement of at least the Union's target of 20% primary energy savings by 2020 compared to 2007 and to pave the way for further energy efficiency improvements beyond that date.
Amendment 73 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member States shall set a national energy efficiency target expressed as an absolute level of primary energy consumption in 2020. When setting these targets, they shall take into accountensure that its national absolute level of primary energy consumption in 2020 is at least below its target as set out in Annex -1. Such mandatory national targets are consistent with the Union'’s target of at least 20 % energy savings, the measures provided for in this Directive, the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC and other measures to promote energy efficiency within Member States and at Union level referred to in Article 1 which limit EU primary energy consumption to maximum 1353,50 Mtoe in 2020, representing 80% of the energy consumption in 2007.
Amendment 84 #
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)Member States shall introduce measures to ensure that their primary energy consumption equals or is below an annual linear trajectory to the 2020 target in Annex -1.
Amendment 169 #
Proposal for a directive
Recital 13
Recital 13
(13) It would behave been preferable for the 20% energy efficiency target to behave been achieved as a result of the cumulative implementation of specific national and European measures promoting energy efficiency in different fields. IfAs that approach doeis not succeed, it wouldon track, it is however be necessary to reinforce the policy framework by adding a system of binding targets. In a first stage, therefore, the Commission, through discussions with Member States, should be required to set national energy efficiency targets, schemes and programmes. It should be for them to decide whether these targets should be binding or indicative in their territory. In a second stage, these targets and the individual efforts of each Member State should be evaluated by the Commission, alongside data on the progress made, to assess the likelihood of achieving the overall Union target and the extent to which the individual efforts are sufficient to meet the common goal. The Commission should therefore closely monitor the implementation of national energy efficiency programmes through effectively designed to ensure that the overall EU energy efficiency target of 20% by 2020 its revised legislative framework and within the Europe 2020 process. If this assessment shows that the overall Union target is unlikely to be achieved, then the Commission should propoached or exceeded, and also a trajectory for achieving these mandatory national targets forby 2020, taking into account the individual starting points of Member States, their economic performance and early action taken.
Amendment 173 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Subsequently, these national targets and the progress of the individual trajectories of each Member State should be evaluated by the Commission to ensure that the overall Union target is on track and the individual efforts are sufficient to meet the common goal. The Commission should therefore closely monitor the implementation of national energy efficiency programmes through its revised legislative framework and within the Europe 2020 process. If this assessment shows that a Member State is not keeping to the agreed trajectory and the overall Union target is unlikely to be achieved, then the Commission should require that Member State to set out adequate and proportionate measures to rejoin the trajectory within a reasonable timescale.
Amendment 211 #
Proposal for a directive
Recital 18
Recital 18
(18) An assessment of the possibility of establishing a ‘"white certificate’" scheme at Union level has shown that, in the current situation, such a system would create excessive administrative costs and that there is a risk that energy savings would be concentrated in a number of Member States and not introduced across the Union. The latter objective can better be achieved, at least at this stage,of 20% energy saving by 2020 can better be achieved by means of national energy efficiency obligation schemes or other alternative measures that achieve the same amount of energy savings. The Commission should however define, by a delegated act,, thus ensuring that every Member State benefits from the econditions under which a Member State could omic and social advantages accruing future recognise the energy savings achieved in another Member State. Irom improved energy efficiency. However, it is appropriate for the level of ambition of suchenergy efficiency obligation schemes to be established in a common framework at Union level while providing significant flexibility to Member States to take full account of the national organisation of market actors, the specific context of the energy sector and final customers' habits. The common framework should give energy utilities the option of offering energy services to all final customers, not only to those to whom they sell energy. This increases competition in the energy market because energy utilities can differentiate their product by providing complementary energy services. The common framework should allow Member States to include requirements in their national scheme that pursue a social aim, notably in order to ensure that vulnerable customers have access to the benefits of higher energy efficiency. It should also allow Member States to exempt small companies from the energy efficiency obligation. The Commission Communication ‘“Small Business Act’” sets out principles that should be taken into account by Member States that decide to abstain from applying this possibility.
Amendment 232 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The cost of energy efficiency improvement measures, including energy saving obligation schemes and smart meter roll-outs, is likely to be transferred to final consumers through their energy bills. To ensure that retail energy sales companies and energy service providers deliver these measures to consumers in a fair and cost-effective manner Member States should establish transparent cost reporting requirements to the national regulatory authorities.
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive establishes a common framework for the promotion of energy efficiency within the Union in order to ensure the achievement of the Union's target of 20% primary energy savings by 2020, which amounts to an annual primary energy consumption of 1474 Mtoe in 2020 according to the PRIMES projections, and to pave the way for further energy efficiency improvements beyond that date.
Amendment 324 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. No later than 6 months after the entry into force of this Directive, the Commission shall adopt a decision to reduce the number of allowances pursuant to Article 9 of Directive 2003/87/EC by 1.4bn allowances so as to maintain the incentives for investment in energy efficiency measures and low carbon technologies and the level of ambition envisaged in Directive 2003/87/EC.
Amendment 354 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22a - Amendments to Directive 2003/87/EC In Article 9 of Directive 2003/87/EC the following paragraph shall be added after the second paragraph : ‘From 2014 onwards the linear reduction factor shall be 2.25%.’
Amendment 355 #
Proposal for a directive
Annex -1 (new)
Annex -1 (new)
Amendment 429 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall set a binding national energy efficiency target expressed as an absolute level of primary energy consumption in 2020. When setting these targets, they, which should be notified to the Commission by [the date of entry into force of this Directive]. These targets shall be set based on the indicative values provided in Annex 0 and shall take into account the Union’s target of 20 % energy savings,. Member States shall adopt a trajectory of energy efficiency improvement and adopt measures effectively designed to ensure that their energy efficiency improvement equals or exceeds that shown in the trajectory. Member States may also adopt the measures provided for in this Directive, the measures adopted to reach the national energy saving targets adopted pursuant to Article 4(1) of Directive 2006/32/EC and other measures to promote energy efficiency within Member States and at Union level. Any deviation from the values in Annex 0 shall be justified and notified to the Commission.
Amendment 454 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Members States shall aim to reduce, by 31 December 2050, the energy consumption of the existing building stock by 80% compared to 2010 levels. For this purpose, and as part of the national plans referred to in Article 9 of Directive 2010/31/EU, and without prejudice to paragraph 1 thereof, Member States shall develop policies and take measures to stimulate deep renovations of buildings, including staged deep renovations. Member States may decide not to include in their renovation roadmaps those categories of buildings listed in Article 4.2 of Directive 2010/31/EU.
Amendment 462 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. By 30 June 20143, the Commission shall assess whether the Union is likelyMember States are on track to achieve the national targets referred to in paragraph 1 and required to achieve ithe Union’s target of 20 % primary energy savings by 2020, requiring a reduction of EU primary energy consumption of 368 Mtoe in 2020, taking into account. This assessment shall include: a) the sum of the national targets referred to in paragraph 1 andb) the evaluation referred to in Article 19(4).
Amendment 655 #
Proposal for a directive
Article 6 – title
Article 6 – title
Energy efficiencysaving obligation schemes
Amendment 682 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Each Member State shall set up an energy efficiencysaving obligation scheme. This scheme shall ensure that either all energy distributors or all retail energy sales companies operating on the Member State's territory achieve cumulative annual energy savings equal to at least 1.5% of their energy sales, by volume, in the previous year in that Member State excluding energy used in transport. This amount of energy savings shall be achieved by the obligated parties among final customers. Member States shall ensure that the measures to achieve the required energy savings each year are additional and focus on long-term benefits.
Amendment 732 #
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 controlindependent measurement, control and verification systems under which at least a statistically significant proportionand representative sample of the energy efficiency improvement measures put in place by the obligated parties is independently verified.
Amendment 740 #
Proposal for a directive
Article 6 – paragraph 5 – introductory part
Article 6 – paragraph 5 – introductory part
5. Within the energy efficiencysaving obligation scheme, Member States may:
Amendment 746 #
Proposal for a directive
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
(b) permit obligated parties to count towards their obligation certified energy savings achieved by energy service providers or other third parties, provided they are additional to the business as usual scenarios; in this case they shall establish an accreditation process that is clear, transparent and open to all market actors, and that aims at minimising the costs of certification;
Amendment 791 #
Proposal for a directive
Article 6 – paragraph 9 – subparagraph 1
Article 6 – paragraph 9 – subparagraph 1
As an alternative to paragraph 1, Member States may opt to take other equally ambitious and additional measures to achieve energy savings among final customers. The annual amount of energy savings achieved through this approach shall be strictly equivalent to the amount of energy savings required in paragraph 1. and shall be subject to independent measurement, control and verification. Early actions may not be counted towards these measures.
Amendment 814 #
Proposal for a directive
Article 6 – paragraph 10
Article 6 – paragraph 10
Amendment 848 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Member States shall develop programmes to encourage households and small and medium-sized enterprises to undergo energy audits. In particular, Member States may introduce incentives and financial support, such as tax rebates and subsidies, to ensure that cost-effective recommendations from the energy audits are implemented within a reasonable timescale.
Amendment 936 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
Member States shall require that appropriate advice and information be given to customers at the time of installation, notably about the full potential of smart meters with regard to tariff structures, meter reading management and the monitoring of energy consumption.
Amendment 938 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 2
Article 8 – paragraph 1 – subparagraph 2
When Member States put in place the roll- out of smart meters foreseen by Directives 2009/72/EC and 2009/73/EC concerning electricity and gas markets, they shall ensure that the smart meters deployed facilitate energy savings within the home and that the general overall objectives of energy efficiency and final customer benefits are fully taken into account when establishing the minimum functionalities of the meters and obligations imposed on market participants. Minimum functionalities should enable communication of smart metering components with devices or gateways within the home or building used in the provision of energy saving and demand- side management services.
Amendment 947 #
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 3
Article 8 – paragraph 1 – subparagraph 3
In the case of electricity and on request of the final customer, meter operators shall ensure that the meter, or meters, can account for electricity produced on the final customer's premises and exported to the grid. Member States shall ensure that if final customers request it, metering data on their real-time production or consumption is made available promptly to them or to a third party acting on behalf of the final customer at no additional cost and in an easily understandable format. The data shall be handled in a secure way and consumer privacy shall be protected in compliance with the relevant EU data protection and privacy legislation.
Amendment 1338 #
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2 a (new)
Article 12 – paragraph 1 – subparagraph 2 a (new)
Member States shall ensure that national energy regulatory authorities encourage demand side resources, such as demand response, to participate in a non- discriminatory manner alongside supply in local or regional energy markets. If necessary Member States shall require national regulatory authorities and TSOs to define technical specifications for participation in energy and tertiary reserve markets, on the basis of the technical requirements of these markets and demand response capabilities. The potential of demand response should be taken fully into account when implementing national capacity adequacy or other energy security related measures.
Amendment 1354 #
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, or those that might hamper participation of demand response, including service aggregators, in balancing and ancillary services. In particular, transmission and distribution tariffs shall be designed to reward network operators for improved efficiency in infrastructure design and operation, while removing incentives for increased throughput volumes, and while continuing to provide appropriate price signals and energy savings incentives to final customers. 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 1363 #
Proposal for a directive
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. Member States shall adopt measures and guidelines for the promotion and deployment of demand response for industrial, commercial and residential sites and buildings, in particular as regards integration of demand-side resources into regional electricity markets and their connection to the energy grid, in the context of the future national action plans for the implementation of smart grids.
Amendment 1364 #
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1 – introductory part
Article 12 – paragraph 5 – subparagraph 1 – introductory part
Without prejudice to Article 16(2) of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources which gives first priority in access and dispatch to the grid to electricity produced from renewable energy sources, Member States shall ensure that, subject to requirements relating to the maintenance of the reliability and safety of the grid, based on transparent and non-discriminatory criteria defined by the competent national authorities, transmission system operators and distribution system operators in their territory:
Amendment 1385 #
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 1 – point c
Article 12 – paragraph 5 – subparagraph 1 – point c
c) when dispatching electricity generating installations, provide priority dispatch of electricity from high efficiency cogeneration in so far as the secure and reliable operation of the national electricity system permits.
Amendment 1387 #
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 3
Article 12 – paragraph 5 – subparagraph 3
Member States mayshall particularly facilitate the connection to the grid system of electricity produced from high-efficiency cogeneration from small scale and micro cogeneration units. Member States shall in particular encourage network operators to adopt an "install and inform" process for the installation of micro cogeneration units to simplify and shorten authorisation procedure for individual citizens and installers.
Amendment 1393 #
Proposal for a directive
Article 12 – paragraph 6 – subparagraph 1
Article 12 – paragraph 6 – subparagraph 1
Member States shall take the appropriate steps to ensure that, where this is consistent with the mode of operation of the high-efficiency cogeneration installation, high-efficiency cogeneration operators and demand response aggregators can offer balancing services and other operational services at the level of transmission system operators or distribution system operators where this is consistent with the mode of operation of the high-efficiency cogeneration installation. Transmission system operators and distribution system operators shall ensure that such services are part of a services bidding process which is transparent and open to scrutiny.
Amendment 1449 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b
Article 15 – paragraph 1 – subparagraph 1 – point b
b) legal and, regulatory and fiscal provisions, and administrative practices, regarding public purchasing and annual budgeting and accounting, with a view to ensuring that individual public bodies are not deterred from making efficiency-improving investments. and from using energy performance contracting and other third- party financing mechanisms on a long- term contractual basis;
Amendment 1459 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
Article 15 – paragraph 1 – subparagraph 1 – point b a (new)
b a) legal and regulatory provisions that unnecessarily or disproportionately impede or restrict energy companies from offering energy efficiency services or the uptake of innovative third-party financing models to deliver energy saving measures;
Amendment 1474 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a new Financing energy efficiency 1. Without prejudice to Articles 107 and 108 of the Treaty, Member States may establish specific energy efficiency financing mechanism(s). Financing may come from EU and public funding or other sources, as well as from penalties incurred from non-compliance with the provisions of this directive. 2. In the event that Member States are not able to create such a financing mechanism, they should allow the establishment of similar funds by cross- industry actors, in so far as these financing mechanisms would ensure the same aims.
Amendment 1482 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
Amendment 1490 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. No later than 6 months after the entering into force of this Directive, the Commission shall adopt a regulation to reduce the number of allowances pursuant to Article 9 of Directive 2003/87/EC by 1.4bn allowances so as to maintain the incentives for investment in energy efficiency measures and low carbon technologies and the level of ambition envisaged in Directive 2003/87/EC.
Amendment 1492 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The delegation of power referred to in Article 17 shall be conferred on the Commission for an indeterminate period of time2 years from [the date of entry into force of this Directive].
Amendment 1498 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. By 30 April each year, Member States shall report on the progress achieved towards their binding national energy efficiency targets, in accordance with Annex XIV(1).
Amendment 1502 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
By 30 April 20143, and every three years thereafter, Member State shall submit supplementary reports with information on national energy efficiency policies, action plans, programmes and measures implemented or planned at national, regional and local level to improve energy efficiency in view of achieving the national energy efficiency targets referred to in Article 3(1). The reports shall be complemented with updated estimates of expected overall primary energy consumption in 2020, as well as estimated levels of primary energy consumption in the sectors indicated in Annex XIV(1). The reports shall indicate whether the Member State's improvement in energy efficiency is in line with the trajectory set by the Member State under Article 3.1.
Amendment 1510 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
The Commission shall, not later than 1 January 2014,3 provide a template as guidance for the supplementary reports. This template shall be adopted in accordance with the advisory procedure referred to in Article 20(2). The supplementary reports shall in any case include the information specified in Annex XIV.
Amendment 1513 #
Proposal for a directive
Article 19 – paragraph 4
Article 19 – paragraph 4
4. The Commission shall evaluate the annual reports and supplementary reports and assess the extent to which Member States have made progress towards the achievement of the national energy efficiency targets required by Article 3(1) and towards the implementation of this Directive. The Commission shall send its assessment to the European Parliament and the Council. Based on its assessment of the reports the Commission may issue recommendations to Member States. In particular, if a Member State is not keeping to the trajectory set under Article 3.1 then the Commission shall require that Member State to set out adequate and proportionate measures to rejoin the trajectory within a reasonable timescale.
Amendment 1524 #
Proposal for a directive
Article 19 – paragraph 5 – subparagraph 1
Article 19 – paragraph 5 – subparagraph 1
The Commission's assessment of the first supplementary report shall include an assessment of the energy efficiency levels of existing and new installations undertaking the combustion of fuels with a total rated thermal input of 50 MW or more and installations undertaking the refining of mineral oil and gas, in the light of the relevant best available techniques as developed in accordance with Directive 2010/75/EU and Directive 2008/1/EC. Where this assessment identifies significant discrepancies between the actual energy efficiency levels of such installations and energy efficiency levels associated with the application of the relevant best available techniques, the Commission shall propose by 31 December 2015, if appropriate, requirements to improve the energy efficiency levels achieved by such installations or that the use of such techniques shall in future be a condition for the permitting of new installations and for the periodic review or updating of the permits for existing installations.
Amendment 1540 #
Proposal for a directive
Article 19 – paragraph 8 – introductory part
Article 19 – paragraph 8 – introductory part
8. By 30 June 20187, the Commission shall report to the European Parliament and the Council on the implementation of Article 6. That report shall be followed, if appropriate, by a legislative proposal for one or more of the following purposes:
Amendment 1544 #
Proposal for a directive
Article 19 – paragraph 9
Article 19 – paragraph 9
9. By 30 June 20187, the Commission shall assess the progress made by Member States in removing the regulatory and non- regulatory barriers referred to in Article 15(1); this assessment shall be followed, if appropriate, by a legislative proposal.
Amendment 1551 #
Proposal for a directive
Article 22 a (new)
Article 22 a (new)
Article 22a Amendments to Directive 2003/87/EC In Article 9 of Directive 2003/87/EC the following paragraph shall be added after the second paragraph : "From 2014 onwards the linear reduction factor shall be 2.25%."
Amendment 1556 #
Proposal for a directive
Annex -I (new)
Annex -I (new)
ANNEX -I National primary energy consumption levels in 2020 required to meet the EU’s 20% energy savings target Member States shall refer to the following values when setting the targets referred to in Article 3(1). Any Member State submitting a target which deviates from the value in the table shall provide adequate justification. Member State Primary energy consumption, in Mtoe 2007 Projection to -20% Absolute 2020 reduction Belgium 50,2 53,4 42,7 10,7 Bulgaria 19,3 21,8 17,4 4,4 Czech Republic 43,6 45,6 36,5 9,1 Denmark 20,2 20,0 16,0 4,0 Germany 314,9 299,9 239,9 60,0 Estonia 5,9 5,6 4,5 1,1 Ireland 15,8 18,7 14,9 3,7 Greece 32,6 36,0 28,8 7,2 Spain 138,9 162,8 130,3 32,6 France 254,8 276,4 221,1 55,3 Italy 173,3 208,8 167,0 41,8 Cyprus 2,7 2,8 2,2 0,6 Latvia 4,7 6,8 5,5 1,4 Lithuania 7,8 9,7 7,8 1,9 Luxembourg 4,6 5,6 4,5 1,1 Hungary 24,7 29,6 23,7 5,9 Malta 0,9 0,9 0,7 0,2 Netherlands 70,3 75,7 60,6 15,1 Austria 32,0 36,4 29,1 7,3 Poland 93,1 109,8 87,9 22,0 Portugal 23,8 30,0 24,0 6,0 Romania 37,5 50,1 40,1 10,0 Slovenia 7,0 8,8 7,0 1,8 Slovak Republic 16,8 20,3 16,3 4,1 Finland 36,2 37,4 29,9 7,5 Sweden 48,1 55,8 44,6 11,2 United Kingdom 212,2 213,5 170,8 42,7 EU27 1692,0 1842,1 1473,6 368,4
Amendment 1581 #
Proposal for a directive
Annex III – point a
Annex III – point a
a) where a product is covered by a delegated act adopted under Directive 2010/30/EU or Commission Directive implementing Directive 92/75/EEC, purchase only the products that comply with the criterion of belonging to the highest energy efficiency class while taking into account cost-effectiveness, economical feasibility and technical suitability, as well as sufficient competition;