### 1a. member states shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including , where appropriate , an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects. the assessment shall set out milestones and measures to in increase renewables in heating and cooling and , where appropriate , the use of waste heat and cold through district heating and cooling with a view of establishing a long-term national strategy to decarbonise heating and cooling. the assessment shall be part of the integrated national energy and climate plans referred to in articles 3 and 14 of regulation (eu) 2018/1999 , and shall accompany the comprehensive heating and cooling assessment required by article 14(1) of directive 2012/27/eu.; ### 1a. member states shall carry out an assessment of their potential of energy from renewable sources and of the use of waste heat and cold in the heating and cooling sector including , where appropriate , an analysis of areas suitable for their deployment at low ecological risk and of the potential for small-scale household projects. the assessment shall set out milestones and measures to in increase renewable energy in heating and cooling and , where appropriate , the use of waste heat and cold through district heating and cooling with a view of establishing a long-term national strategy to decarbonise heating and cooling. the assessment shall be part of the integrated national energy and climate plans referred to in articles 3 and 14 of regulation (eu) 2018/1999 , and shall accompany the comprehensive heating and cooling assessment required by article 14(1) of directive 2012/27/eu.;


### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,2 % in 2022 , 0 ,5 % in 2025 and 2 ,2 % in 2030 , and the share of renewable fuels of non-biological origin is at least 2 ,6 % in 2030. ### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,2 % in 2022 , 0 ,5 % in 2025 and 2 ,2 % in 2030 , and the share of renewable fuels of non-biological origin and low carbon energy sources is at least 2 ,6 % in 2030.


### 2. member states shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. economic operators that supply renewable electricity to electric vehicles through public recharging stations shall receive credits , irrespectively of whether the economic operators are subject to the obligation set by the member state on fuel suppliers , and may sell those credits to fuel suppliers , which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1 , first subparagraph.; ### 2. member states shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy and low carbon energy sources to the transport sector. economic operators that supply renewable electricity to electric vehicles through public recharging stations shall receive credits , irrespectively of whether the economic operators are subject to the obligation set by the member state on fuel suppliers , and may sell those credits to fuel suppliers , which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1 , first subparagraph.;


### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,2 % in 2022 , 0 ,5 % in 2025 and 2 ,2 % in 2030 , and the share of renewable fuels of non-biological origin is at least 2 ,6 % in 2030. ### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,2 % in 2022 , 0 ,5 % in 2025 and 2 ,2 % in 2030 , and the share of renewable fuels of non-biological origin is at least 2 ,6 % in 2030. member states may exempt , or distinguish between , different fuel suppliers and different energy carriers when setting the obligation on the fuel suppliers , ensuring that the varying degrees of maturity and the cost of different technologies are taken into account.


### for the calculation of the reduction referred to in point (a) and the share referred to in point (b) , member states shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional fuels. for the calculation of the reduction referred to in point (a) , member states may take into account recycled carbon fuels. ### for the calculation of the reduction referred to in point (a) and the share referred to in point (b) , member states shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of transport fuels. for the calculation of the reduction referred to in point (a) , member states may take into account recycled carbon fuels.


### when setting the obligation on fuel suppliers , member states may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix with respect to those fuels. ### when setting the obligation on fuel suppliers , member states may exempt fuel suppliers supplying electricity or renewable liquid and gaseous transport fuels of non-biological origin from the requirement to comply with the minimum share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix with respect to those fuels. when setting the obligation referred to in points (a) and (b) of the first subparagraph to ensure the achievement of the targets set out therein , member states may do so , inter alia , by means of measures targeting volumes , energy content or greenhouse gas emissions , provided that it is demonstrated that the greenhouse gas intensity reduction and minimum shares referred to in points (a) and (b) of the first subparagraph are achieved.


### greenhouse gas intensity reduction in the transport sector from the use of renewable energy ### greenhouse gas intensity reduction in the transport sector from the use of renewable electricity , renewable fuels of non-biological origin and biofuels and biogas produced from feedstocks in annex ix.


### the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030 , compared to the baseline set out in article 27(1) , point (b) , in accordance with an indicative trajectory set by the member state; ### the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030 , compared to the baseline set out in article 27(1) , point (b) , in accordance with an indicative trajectory set by the member state;


### the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030 , compared to the baseline set out in article 27(1) , point (b) , in accordance with an indicative trajectory set by the member state; ### the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 16% by 2030 , compared to the baseline set out in article 27 (1) , point (b).


### the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030 , compared to the baseline set out in article 27(1) , point (b) , in accordance with an indicative trajectory set by the member state; ### the amount of renewable fuels and renewable electricity and other low carbon fuels supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030 , compared to the baseline set out in article 27(1) , point (b) , in accordance with an indicative trajectory set by the member state;


### the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 13 % by 2030 , compared to the baseline set out in article 27(1) , point (b) , in accordance with an indicative trajectory set by the member state; ### the amount of renewable fuels and renewable electricity supplied to the transport sector leads to a greenhouse gas intensity reduction of at least 8 % by 2030 , compared to the baseline set out in article 27(1) , point (b) , in accordance with an indicative trajectory set by the member state;


### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,2 % in 2022 , 0 ,5 % in 2025 and 2 ,2 % in 2030 , and the share of renewable fuels of non-biological origin is at least 2 ,6 % in 2030. ### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,4 % in 2022 , 1 % in 2025 and 5% in 2030 , and the share of renewable fuels of non-biological origin , renewable hydrogen and low-carbon hydrogen , including low-carbon hydrogen derived fuels , is at least 2 ,6 % in 2028 and 5 % in 2030.


### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,2 % in 2022 , 0 ,5 % in 2025 and 2 ,2 % in 2030 , and the share of renewable fuels of non-biological origin is at least 2 ,6 % in 2030. ### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,2 % in 2022 , 0 ,5 % in 2025 and 2 ,2 % in2030 , the share of advanced biofuels and biogas produced from the feedstock listed in part b of annex ix in the energy supplied to the transport sector is at least 2% as from 2025 , and the share of renewable fuels of non-biological origin is at least 2 ,6 % in 2030.


### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,2 % in 2022 , 0 ,5 % in 2025 and 2 ,2 % in 2030 , and the share of renewable fuels of non-biological origin is at least 2 ,6 % in 2030. ### the share of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix in the energy supplied to the transport sector is at least 0 ,4 % in 2022 , 1 % in 2025 and 5 % in 2030 , and the share of renewable fuels of non-biological origin , renewable hydrogen and low-carbon hydrogen , including low-carbon hydrogen derived fuels , is at least 2 ,6 % in 2028 and 5 % in 2030.


### for the calculation of the reduction referred to in point (a) and the share referred to in point (b) , member states shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional fuels. for the calculation of the reduction referred to in point (a) , member states may take into account recycled carbon fuels. ### deleted


### for the calculation of the reduction referred to in point (a) and the share referred to in point (b) , member states shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional fuels. for the calculation of the reduction referred to in point (a) , member states may take into account recycled carbon fuels. ### for the calculation of the reduction referred to in point (a) and the share referred to in point (b) , member states shall take into account renewable fuels of non-biological origin also when they are used as intermediate products for the production of conventional fuels or other renewable fuels. for the calculation of the reduction referred to in point (a) , member states may take into account recycled carbon fuels.


### 2. member states shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. economic operators that supply renewable electricity to electric vehicles through public recharging stations shall receive credits , irrespectively of whether the economic operators are subject to the obligation set by the member state on fuel suppliers , and may sell those credits to fuel suppliers , which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1 , first subparagraph.; ### 2. member states shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. economic operators that supply renewable electricity to electric vehicles through public recharging stations or renewable fuels trough public refuelling stations shall receive credits , irrespectively of whether the economic operators are subject to the obligation set by the member state on fuel suppliers , and may sell those credits to fuel suppliers , which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1 , first subparagraph.;


### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops , shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that member state , with a maximum of 7 % of final consumption of energy in the transport sector in that member state.; ### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops , shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that member state , with no more than 7 % of final consumption of energy in the transport sector in that member state.;


### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops , shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that member state , with a maximum of 7 % of final consumption of energy in the transport sector in that member state.; ### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from crops , shall be reduced to 4% of road and rail transport energy by 31 december 2030.


### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops , shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that member state , with a maximum of 7 % of final consumption of energy in the transport sector in that member state.; ### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops , shall be at least 7 % of the final consumption of energy consumption at eu level.


### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops , shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that member state , with a maximum of 7 % of final consumption of energy in the transport sector in that member state.; ### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops , shall be no more than 7 % of final consumption of energy in the transport sector in that member state.;


### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops , shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the transport sector in 2020 in that member state , with a maximum of 7 % of final consumption of energy in the transport sector in that member state.; ### for the calculation of a member state's gross final consumption of energy from renewable sources referred to in article 7 and of the greenhouse gas intensity reduction target referred to in article 25(1) , first subparagraph , point (a) , the share of biofuels and bioliquids , as well as of biomass fuels consumed in transport , where produced from food and feed crops other than high indirect land use change risk feedstock for which a significant expansion of the production area into land with high carbon stock is observed , shall be no more than 15% of final consumption of energy in the transport sector in that member state.;


### (ii) for renewable fuels of non-biological origin and recycled carbon fuels , by multiplying the amount of these fuels that is supplied to all transport modes by their emissions savings determined in accordance with delegated acts adopted pursuant to article 29a(3); ### (ii) for renewable fuels of non-biological origin , low carbon energy sources and recycled carbon fuels , by multiplying the amount of these fuels that is supplied to all transport modes by their emissions savings determined in accordance with delegated acts adopted pursuant to article 29a(3);


### the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels , biogas and renewable electricity supplied to all transport modes by the baseline. ### the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels , biogas , low carbon energy sources and renewable electricity supplied to all transport modes by the baseline.


### (iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the member state in the two previous years. by way of exception , where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector , that electricity shall be fully counted as renewable; ### (iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the member state in the two previous years. by way of exception , where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector , or alternatively with a dedicated power purchase agreement sourced additional renewable electricity accompanied with guarantees of origin from an electricity production unit or units that have been commissioned after the signature of the power purchase agreement , and which will not be accounted for as renewable electricity in any other sector , that electricity shall be fully counted as renewable;


### (iv) the share of biofuels and biogas produced from the feedstock listed in part b of annex ix in the energy content of fuels and electricity supplied to the transport sector shall , except in cyprus and malta , be limited to 1 ,7 %; ### (iv) the share of biofuels and biogas produced from the feedstock listed in part b of annex ix in the energy content of fuels and electricity supplied to the transport sector shall , except in cyprus and malta , be limited to 1 ,7 %. if the list of feedstock set out in part b of annex ix is amended by adding feedstock in accordance with article 28 point 6 of directive (eu) 2018/2021 , this limit will be increased accordingly. member states may , where justified , modify that limit , taking into account the availability of feedstock. any such modification shall be subject to approval by the commission;


### the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels , biogas and renewable electricity supplied to all transport modes by the baseline. ### the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels , biogas. renewable fuels of non-biological origin and renewable electricity supplied to all transport modes by the baseline.


### (iii) for renewable electricity , by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ecf(e) set out in in annex v; ### (iii) for renewable electricity , by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ef(t) set out in in annex v;


### (iv) the share of biofuels and biogas produced from the feedstock listed in part b of annex ix in the energy content of fuels and electricity supplied to the transport sector shall , except in cyprus and malta , be limited to 1 ,7 %; ### deleted


### (iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the member state in the two previous years. by way of exception , where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector , that electricity shall be fully counted as renewable; ### (iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the member state in the two previous years. by way of exception , where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector , or alternatively with a dedicated power purchase agreement sourced additional renewable electricity accompanied with guarantees of origin from an electricity production unit or units that have been commissioned after the signature of the before mentioned power purchase agreement , and which will not be accounted for as renewable electricity in any other sector , that electricity shall be fully counted as renewable;


### (iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the member state in the two previous years. by way of exception , where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector , that electricity shall be fully counted as renewable; ### (iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the member state in the two previous years. by way of exception , where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector , that electricity shall be fully counted as renewable;


### (iv) the share of biofuels and biogas produced from the feedstock listed in part b of annex ix in the energy content of fuels and electricity supplied to the transport sector shall , except in cyprus and malta , be limited to 1 ,7 %; ### (iv) the share of biofuels and biogas produced from the feedstock listed in part b of annex ix in the energy content of fuels and electricity supplied to the transport sector shall , except in cyprus and malta , be limited to 1 ,7 %; member states may modify , if justified , this limit , taking into account the availability of raw materials. any such modification will be subject to the approval of the commission;


### (iv) the share of biofuels and biogas produced from the feedstock listed in part b of annex ix in the energy content of fuels and electricity supplied to the transport sector shall , except in cyprus and malta , be limited to 1 ,7 %; ### (iv) the share of biofuels and biogas produced from the feedstock listed in part b of annex ix and from animal fats category 3 as defined in regulation (1069/2009) in the energy content of fuels and electricity supplied to the transport sector shall , except in cyprus and malta , be limited to 1 ,7 %;


### — (a) in the case of solid biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 5 mw , ### — (a) in the case of solid biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 20 mw ,


### — (a) in the case of solid biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 5 mw , ### — (a) in the case of solid biomass fuels , in installations producing electricity , heating and cooling which are not yet in service at the time of entry into force of this directive , with a total rated thermal input equal to or exceeding 20 mw;


### — (a) in the case of solid biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 5 mw , ### — (a) in the case of solid biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 20 mw , and , from 1 january 2027 10 mw ,


### — (a) in the case of solid biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 5 mw , ### — (a) in the case of solid biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 10 mw ,


### — (b) in the case of gaseous biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 2 mw , ### — (b) in the case of gaseous biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 5 mw ,


### — (b) in the case of gaseous biomass fuels , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 2 mw , ### — (b) in the case of bioliquids , in installations producing electricity , heating and cooling with a total rated thermal input equal to or exceeding 10 mw ,


### above 200 m3 methane equivalent/h measured at standard conditions of temperature and pressure (i.e. 0ºc and 1 bar atmospheric pressure); ### above 500 m3 methane equivalent/h measured at standard conditions of temperature and pressure (i.e. 0ºc and 1 bar atmospheric pressure);


### this paragraph , with the exception of the first subparagraph , point (c) , also applies to biofuels , bioliquids and biomass fuels produced from forest biomass.; ### this paragraph , with the exception of the first subparagraph , point (c) , also applies to biofuels , bioliquids and biomass fuels produced from forest biomass originating from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b.;


### in paragraph 3 , the following subparagraph is inserted after the first subparagraph: ### deleted


### this paragraph , with the exception of the first subparagraph , point (c) , also applies to biofuels , bioliquids and biomass fuels produced from forest biomass.; ### deleted


### the first subparagraph , with the exception of points (b) and (c) , and the second subparagraph also apply to biofuels , bioliquids and biomass fuels produced from forest biomass.; ### the first subparagraph , with the exception of points (b) and (c) , and the second subparagraph also apply to biofuels , bioliquids and biomass fuels produced from forest biomass originating from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b.;


### in paragraph 4 , the following subparagraph is added: ### deleted


### the first subparagraph , with the exception of points (b) and (c) , and the second subparagraph also apply to biofuels , bioliquids and biomass fuels produced from forest biomass.; ### deleted


### 5. biofuels , bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1 , first subparagraph , points (a) , (b) and (c) , shall not be made from raw material obtained from land that was peatland in january 2008 , unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil.; ### 5. biofuels , bioliquids and biomass fuels produced from agricultural or forest biomass originating from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b , taken into account for the purposes referred to in paragraph 1 , first subparagraph , points (a) , (b) and (c) , shall not be made from raw material obtained from land that was peatland in january 2008 , unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil and compliance on national , subnational or forest sourcing area level , in line with the criteria to minimise the risk of using forest biomass derived from unsustainable production referred to in paragraph 6 , can be reported by competent authorities.;


### 5. biofuels , bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1 , first subparagraph , points (a) , (b) and (c) , shall not be made from raw material obtained from land that was peatland in january 2008 , unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil.; ### 5. biofuels , bioliquids and biomass fuels produced from agricultural or forest biomass from a country or subnational entity or forest sourcing area which does not meet the criteria set out in paragraph 6a or 6b , taken into account for the purposes referred to in paragraph 1 , first subparagraph , points (a) , (b) and (c) , shall not be made from raw material obtained from land that was peatland in january 2008 , unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil and compliance on national , subnational or forest sourcing area level , in line with the criteria to minimise the risk of using forest biomass derived from unsustainable production referred to in paragraph 6 , can be reported by competent authorities.


### 5. biofuels , bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1 , first subparagraph , points (a) , (b) and (c) , shall not be made from raw material obtained from land that was peatland in january 2008 , unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil.; ### 5. biofuels , bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in paragraph 1 , first subparagraph , points (a) , (b) and (c) , shall not be made from raw material obtained from land that was peatland in january 2008 , unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil.;


### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats:; ### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts.


### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats:; ### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests:;


### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats:; ### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts and uses locally appropriate sustainable forestry management practices;


### in paragraph 6 , first subparagraph , point (a) , point (iv) is replaced by the following: ### deleted


### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats:; ### deleted


### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats:; ### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , e.g. by avoiding harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests;


### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats:; ### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests.


### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats:; ### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , and uses locally appropriate sustainable forestry management practices;


### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats:; ### (iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , e.g. avoiding harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests;


### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations until 31 december 2025 , and at least 80 % from 1 january 2026.; ### at least 50 % for electricity , heating and cooling production from biomass fuels used in installations until 31 december 2025 , and at least 60 % from 1 january 2026.;


### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations until 31 december 2025 , and at least 80 % from 1 january 2026.; ### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations starting operation from 1 january 2021 until 31 december 2025 , and at least 80 % for installations starting from 1 january 2026.;


### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations until 31 december 2025 , and at least 80 % from 1 january 2026.; ### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations which started operation since 1st january 2021 , and at least 80 %in installations which started operation since 1st january 2030.;


### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations until 31 december 2025 , and at least 80 % from 1 january 2026.; ### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations starting operation from 1 january 2021 until 31 december 2025 , and at least 80 % for installations starting operation from 1 january 2026.;


### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations until 31 december 2025 , and at least 80 % from 1 january 2026.; ### at least 70 % for electricity , heating and cooling production from biomass fuels used in installations starting operation from 1 january 2025 and at least 80 % for installations starting operation from 1 january 2028;


### 3. the commission is empowered to adopt delegated acts in accordance with article 35 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. the methodology shall ensure that credit for avoided emissions is not given for co2 the capture of which has already received an emission credit under other provisions of law.; ### 3. the commission is empowered to adopt delegated acts in accordance with article 35 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin , from low carbon energy sources and from recycled carbon fuels. the methodology shall ensure that credit for avoided emissions is not given for co2 the capture of which has already received an emission credit under other provisions of law.;


### 3. the commission is empowered to adopt delegated acts in accordance with article 35 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. the methodology shall ensure that credit for avoided emissions is not given for co2 the capture of which has already received an emission credit under other provisions of law.; ### 3. the commission is empowered to adopt delegated acts in accordance with article 35 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. the delegated act based on this article shall be published by december 31 , 2022. the methodology shall ensure that credit for avoided emissions is not given for co2 the capture of which has already received an emission credit under other provisions of law.;


### 2. energy from recycled carbon fuels may be counted towards the greenhouse gas emissions reduction target referred to in article 25(1) , first subparagraph , point (a) , only if the greenhouse gas emissions savings from the use of those fuels are at least 70%. ### 2. energy from recycled carbon fuels shall be counted towards the greenhouse gas emissions reduction target referred to in article 25(1) , first subparagraph , point (a) , only if the greenhouse gas emissions savings from the use of those fuels are at least 70%.


### 3. the commission is empowered to adopt delegated acts in accordance with article 35 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. the methodology shall ensure that credit for avoided emissions is not given for co2 the capture of which has already received an emission credit under other provisions of law.; ### 3. the commission is empowered to adopt delegated acts in accordance with article 35 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. the methodology shall ensure that credit for avoided emissions is not given for co2 the capture of which has already received an emission credit under other provisions of law.;


### 3. the commission is empowered to adopt delegated acts in accordance with article 35 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. the methodology shall ensure that credit for avoided emissions is not given for co2 the capture of which has already received an emission credit under other provisions of law.; ### 3. the commission is empowered to adopt delegated acts in accordance with article 35 to supplement this directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. the methodology shall ensure that all electricity consumed or replaced for the production of recycled carbon fuels is accounted for as renewable electricity and that credit for avoided emissions is not given for co2 the capture of which has already received an emission credit under other provisions of law.;


### 1. the commission shall ensure that a union database is set up to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels. ### 1. the commission shall ensure that a union database is set up to enable the tracing of liquid and gaseous renewable fuels , low carbon energy sources and recycled carbon fuels.


### 2. member states shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions , including their life-cycle greenhouse gas emissions , starting from their point of production to the moment it is consumed in the union. information on whether support has been provided for the production of a specific consignment of fuel , and if so , on the type of support scheme , shall also be included in the database. ### 2. member states shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions , including their life-cycle greenhouse gas emissions , starting from their point of production to the moment it is consumed in the union.


### with regard to the first subparagraph , point (a) , (b) , or (c) , gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity , heating and cooling or transport - where it is consumed. ### with regard to the first subparagraph , point (a) , (b) , or (c) , gas and electricity from renewable sources shall be considered only once for the purposes of calculating the share of gross final consumption of energy from renewable sources. energy produced from renewable fuels of non-biological origin shall be accounted in the sector - electricity , heating and cooling or transport - where it is consumed.


### final consumption of energy from renewable sources in the transport sector shall be calculated as the sum of all biofuels , biogas and renewable fuels of non-biological origin consumed in the transport sector.; ### final consumption of energy from renewable sources in the transport sector shall be calculated as the sum of all biofuels , biogas , recycled carbon fuels and renewable fuels of non-biological origin consumed in the transport sector.;


### (ii) the fourth subparagraph is replaced by the following: ### deleted


### in paragraph 2 , first and fifth subparagraphs , ‘the minimum share referred to in the first subparagraph of article 25(1)’ is replaced by ‘the greenhouse gas emission reduction target referred to in article 25(1) , first subparagraph , point (a)’; ### in paragraph 2 , first and fifth subparagraphs , ‘the minimum share referred to in the first subparagraph of article 25(1)’ is replaced by ‘the greenhouse gas emission reduction target referred to in article 25(1) , first subparagraph , point (a)’; ; when setting the obligation referred to in points (a) and (b) of the first subparagraph to ensure the achievement of the targets set out therein , member states may do so , inter alia , by means of measures targeting volumes , energy content or greenhouse gas emissions , provided that it is demonstrated that the greenhouse gas intensity reduction and minimum shares referred to in points (a) and (b) of the first subparagraph are achieved.


### the following paragraph 1a is inserted: ### deleted


### the shares of advanced biofuels and biogas produced from the feedstock listed in part a of annex ix and of renewable fuels of non-biological origin supplied in the aviation and maritime modes shall be considered to be 1 ,2 times their energy content.; ### deleted


### where electricity is used for the production of renewable fuels of non-biological origin , either directly or for the production of intermediate products , the average share of electricity from renewable sources in the country of production , as measured two years before the year in question , shall be used to determine the share of renewable energy.; ### where electricity is used for the production of renewable fuels of non-biological origin , either directly or for the production of intermediate products , the average share of electricity from renewable sources in the biding zone of production , as measured two years before the year in question , shall be used to determine the share of renewable energy.;


### where electricity is used for the production of renewable fuels of non-biological origin , either directly or for the production of intermediate products , the average share of electricity from renewable sources in the country of production , as measured two years before the year in question , shall be used to determine the share of renewable energy.; ### where electricity is used for the production of renewable fuels of non-biological origin , either directly or for the production of intermediate products , the share of renewable electricity in the bidding zone where the electrolyser is located in the calendar hour in which hydrogen is produced shall be used to determine the share of renewable energy;


### for installations producing electricity heating and cooling with a total rated thermal input between 5 and 10 mw , member states shall establish simplified national verification schemes to ensure the fulfillment of the sustainability and greenhouse gas emissions criteria set out in paragraphs (2) to (7) and (10) of article 29.; ### deleted


### (21) in article 31 , paragraphs 2 , 3 and 4 are deleted: ### deleted


### 18. for the purposes of the calculations referred to in point 17 , the emissions to be divided shall be eec + el + esca + those fractions of ep , etd , eccs and eccr that take place up to and including the process step at which a co-product is produced. if any allocation to co-products has taken place at an earlier process step in the life-cycle , the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. in the case of biogas and biomethane , all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. no emissions shall be allocated to wastes and residues. co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. wastes and residues including all wastes and residues included in annex ix shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. residues that are not included in annex ix and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction , harvesting or cultivation of raw materials , eec as their closest substitute in the food and feed market that is included in the table in part d. in the case of biomass fuels produced in refineries , other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant , the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery; ### 18. for the purposes of the calculations referred to in point 17 , the emissions to be divided shall be eec + el + esca + those fractions of ep , etd , eccs and eccr that take place up to and including the process step at which a co-product is produced. if any allocation to co-products has taken place at an earlier process step in the life-cycle , the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for those purposes instead of the total of those emissions. in the case of biogas and biomethane , all co-products that do not fall under the scope of point 7 shall be taken into account for the purposes of that calculation. no emissions shall be allocated to wastes and residues. co-products that have a negative energy content shall be considered to have an energy content of zero for the purposes of the calculation. wastes and residues including all wastes and residues included in annex ix shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. in the case of biomass fuels produced in refineries , other than the combination of processing plants with boilers or cogeneration units providing heat and/or electricity to the processing plant , the unit of analysis for the purposes of the calculation referred to in point 17 shall be the refinery;


### wastes and residues including all wastes and residues included in annex ix shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product. residues that are not included in annex ix and fit for use in the food or feed market shall be considered to have the same amount of emissions from the extraction , harvesting or cultivation of raw materials , eec as their closest substitute in the food and feed market that is included in the table in part d of annex v. ### wastes and residues including all wastes and residues included in annex ix shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials irrespectively of whether they are processed to interim products before being transformed into the final product.


### in paragraph 6 , first subparagraph , point (a) , point (iv) is replaced by the following: ### in paragraph 6 , first subparagraph , point (a) , point (iii) and point (iv) are replaced by the following:


### in paragraph 6 , first subparagraph , point (b) , point (iv) is replaced by the following: ### in paragraph 6 , first subparagraph , point (a) , point (iii) and point (iv) are replaced by the following:


### comes into operation after , or at the same time as , the installation producing the renewable liquid and gaseous transport fuels of nonbiological origin; and ### (iiia) in the fifth subparagraph , points a and b are deleted;


### the first , second and third subparagraphs are deleted; ### the first , second and third subparagraphs are replaced by the following:


### the first , second and third subparagraphs are deleted; ### deleted


### the first , second and third subparagraphs are deleted; ### the first , second , third and fourth subparagraphs are deleted;


### calculation rules in the transport sector and with regard to renewable fuels of non-biological origin regardless of their end use; ### calculation rules and with regard to electricity supplied towards all end-uses , including for the production of renewable fuels of non-biological origin;


### paragraph 3 is amended as follows: ### paragraph 3 is deleted.


### (iii) in the fifth subparagraph , the introductory phrase is replaced by the following: ### (iii) the fifth subparagraph is replaced by the following:


### however , electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin , provided that the installation:; ### deleted


### however , electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin , provided that the installation:; ### however , electricity obtained from direct connection to one or several installations generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin , provided that the installation demonstrates that the electricity concerned has been supplied without taking electricity from the grid. the installations generating renewable electricity do not receive support in form of operating aid or investment aid at the start of production of renewable fuels of non-biological origin , or such support has ended.


### however , electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin , provided that the installation:; ### however , electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin , provided that the installation:;


### allows consignments of raw material or fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container , processing or logistical facility , transmission and distribution infrastructure or site ,. ### (a a) "(a) allows consignments of raw material or fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container , processing or logistical facility , transmission and distribution infrastructure or site , including european interconnected system for gas and hydrogen , consisting of transmission networks , distribution networks , lng facilities , liquefied hydrogen facilities and/or storage facilities and considered as single logistical facilities for this purpose where only physical entry to exit from the system based on the respective transactions shall be tracked.


### member states shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria laid down in articles 29(2) to (7) and (10) and 29a(1) and (2) , and that economic operators make available to the relevant member state , upon request , the data used to develop that information. ### (20 a) "member states shall take measures to ensure that economic operators submit reliable information regarding the compliance with the sustainability and greenhouse gas emissions saving criteria laid down in articles 29(2) to (7) and (10) and 29a(1) and (2) , and that economic operators make available to the relevant member state , upon request , the data used to develop that information.


### 1. the gross final consumption of energy from renewable sources in each member state shall be calculated as the sum of: ### (3a) "1. the gross final consumption of energy from renewable sources in each member state shall be calculated as the sum of:


### f. whereas the top three concerns in the inquiries closed by the ombudsman in 2021 were transparency and accountability (access to information and documents) (29 %) , culture of service (26 %) and proper use of discretionary powers (including in infringement procedures) (18 %); whereas other concerns include respect for procedural rights , respect for fundamental rights , good management of personnel issues , sound financial management , public participation in eu decision-making , ethical issues , and whistleblowing; ### f. whereas the top three concerns in the inquiries closed by the ombudsman in 2021 were transparency and accountability (access to information and documents) (29 %) , culture of service (26 %) and proper use of discretionary powers (including in infringement procedures) (18 %); whereas other concerns include respect for procedural rights , respect for fundamental rights , good management of personnel issues , sound financial management , public participation in eu decision-making , ethical issues , and whistleblowing in relation to the eu administration;


### i. whereas the cjeu has ruled several times that openness in the legislative process is precisely what contributes to conferring greater legitimacy on the institutions in the eyes of eu citizens and increasing their confidence in them by allowing divergences between various points of view to be openly debated; whereas the cjeu has stipulated that it is in fact a lack of information and debate which is capable of giving rise to doubts in the minds of citizens , not only as regards the lawfulness of an isolated act , but also as regards the legitimacy of the decision-making process as a whole3; ### i. whereas the cjeu has ruled several times that openness in the legislative process is precisely what contributes to conferring greater legitimacy on the institutions in the eyes of eu citizens and increasing their confidence in them by allowing divergences between various points of view to be openly debated; whereas the cjeu has stipulated that it is in fact a lack of information and debate which is capable of giving rise to doubts in the minds of citizens , not only as regards the lawfulness of an isolated act , but also as regards the legitimacy of the decision-making process as a whole3; whereas , however , transparency can sometimes affect political negotiations and may lead to an increase in informal meetings , with a counterproductive effect on the objective being pursued;


### j. whereas improving citizens’ participation and ensuring transparency at eu level are key to bridging the perceived gap between the eu and citizens and representative organisations , with a view to overcoming citizens’ low trust and confidence levels in eu institutions and to achieve a real multilevel democracy; whereas the ombudsman plays a key role in bridging this gap; ### j. whereas improving citizens’ participation and ensuring transparency at eu level are key to bridging the perceived gap between the eu and citizens and representative organisations , with a view to overcoming citizens’ low trust and confidence levels in eu institutions; whereas the ombudsman plays a key role in bridging this gap;


### m. whereas the cjeu , when referring to giving the public the widest possible right of access to eu documents , has stated that openness in that respect contributes to strengthening democracy by allowing citizens to scrutinise all the information which has formed the basis of a legislative act; whereas the cjeu has argued that the possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights5; ### m. whereas the cjeu , when referring to giving the public the right of access to eu documents , has stated that openness in that respect contributes to strengthening democracy by allowing citizens to scrutinise all the information which has formed the basis of a legislative act; whereas the cjeu has argued that the possibility for citizens to find out the considerations underpinning legislative action is a precondition for the effective exercise of their democratic rights5;


### 3. appreciates the excellent relations between ombudsman emily o’reilly and the committee on petitions in 2021; appreciates the strong collaboration between the two bodies as an important tool in increasing the democratic accountability of the eu institutions; appreciates the common interest reflected in several resolutions based on the ombudsman’s inquiries , particularly in relation to the transparency and accountability of the eu administration in the context of covid-19; ### 3. appreciates the excellent relations between ombudsman emily o’reilly and the committee on petitions in 2021; appreciates the strong collaboration between the two bodies as an important tool in increasing the democratic accountability of the eu institutions; recalls that relations with the european ombudsman are one of the responsibilities that the european parliament’s rules of procedure confer on the committee on petitions; appreciates the common interest reflected in several resolutions based on the ombudsman’s inquiries , particularly in relation to the transparency and accountability of the eu administration in the context of covid-19;


### 6. strongly believes that citizens’ access to all documents of the european institutions is the basis of a participatory democracy; welcomes the ombudsman’s efforts to improve public participation in and the legitimacy of the eu decision-making process; points out that the right to refer a matter to the ombudsman increases citizens’ engagement with and trust in the eu institutions , as it promotes transparency and the good administration of the eu institutions and bodies; ### 6. strongly believes that citizens’ access to all documents of the european institutions is the basis of a democracy; welcomes the ombudsman’s efforts to improve the access of the public to the eu decision-making process; points out that the right to refer a matter to the ombudsman increases citizens’ engagement with and trust in the eu institutions , as it promotes transparency and the good administration of the eu institutions and bodies;


### 6. strongly believes that citizens’ access to all documents of the european institutions is the basis of a participatory democracy; welcomes the ombudsman’s efforts to improve public participation in and the legitimacy of the eu decision-making process; points out that the right to refer a matter to the ombudsman increases citizens’ engagement with and trust in the eu institutions , as it promotes transparency and the good administration of the eu institutions and bodies; ### 6. strongly believes that citizens’ access to documents of the european institutions is the basis of a participatory democracy; welcomes the ombudsman’s efforts to improve public participation in and the legitimacy of the eu decision-making process; points out that the right to refer a matter to the ombudsman increases citizens’ engagement with and trust in the eu institutions , as it promotes transparency and the good administration of the eu institutions and bodies;


### 6. strongly believes that citizens’ access to all documents of the european institutions is the basis of a participatory democracy; welcomes the ombudsman’s efforts to improve public participation in and the legitimacy of the eu decision-making process; points out that the right to refer a matter to the ombudsman increases citizens’ engagement with and trust in the eu institutions , as it promotes transparency and the good administration of the eu institutions and bodies; ### 6. strongly believes that citizens’ access to all official documents of the european institutions is the basis of a participatory democracy; welcomes the ombudsman’s efforts to improve public participation in and the legitimacy of the eu decision-making process; points out that the right to refer a matter to the ombudsman increases citizens’ engagement with and trust in the eu institutions , as it promotes transparency and the good administration of the eu institutions and bodies;


### 8. recalls that one of the ways to improve citizens’ perception of the eu is by making it more understandable and transparent to them; calls on the commission to take the necessary steps to guarantee full transparency; deeply regrets that despite the several calls by the parliament and by the ombudsman , the council’s current work is still marred by a lack of transparency; ### 8. recalls that one of the ways to improve citizens’ perception of the eu is by making it more understandable and transparent to them; calls on the commission to take the necessary steps to guarantee the best possible transparency; deeply regrets that despite the several calls by the parliament and by the ombudsman , the council’s current work is still marred by a lack of transparency;


### 8. recalls that one of the ways to improve citizens’ perception of the eu is by making it more understandable and transparent to them; calls on the commission to take the necessary steps to guarantee full transparency; deeply regrets that despite the several calls by the parliament and by the ombudsman , the council’s current work is still marred by a lack of transparency; ### 8. recalls that one of the ways to improve citizens’ perception of the eu is by making it more understandable and transparent to them; calls on the commission to take the necessary steps to guarantee transparency; deeply regrets that despite the several calls by the parliament and by the ombudsman , the council’s current work is still marred by a lack of transparency;


### 9. highlights that 2021 marked the twentieth anniversary of the transparency regulation coming into force; welcomes the special focus of the ombudsman’s office on this matter throughout the year 2021; notes with concern that the current legislation on public access to eu documents is severely obsolete due to technological advances in access to documentation in recent decades; considers it a priority to revise the transparency regulation in order to place the eu at the forefront of public access to eu documents and democratic transparency for citizens; welcomes the ombudsman’s input in relation to the transparency regulation and invites the commission , the council and the relevant committee in parliament to take the initiative on its revision; ### 9. highlights that 2021 marked the twentieth anniversary of the transparency regulation coming into force; welcomes the special focus of the ombudsman’s office on this matter throughout the year 2021; notes with concern that the current legislation on public access to eu documents is severely obsolete due to technological advances in access to documentation in recent decades; acknowledges the need to revise the transparency regulation in order to place the eu at the forefront of public access to eu documents and democratic transparency for citizens; welcomes the ombudsman’s input in relation to the transparency regulation and invites the commission , the council and the relevant committee in parliament to take the initiative on its revision;


### 10. highlights the fact that the ombudsman has launched a strategic initiative into how the administration records text and instant messages sent/received by staff members in their professional capacity; supports the ombudsman’s commitment to improving the way the eu administration deals with text and instant messages and other new technologies in the context of its transparency obligations; recalls that text messages whose content relates to the policies , activities and decisions falling within the institution’s sphere of responsibility , are considered eu documents under the transparency regulation; ### 10. highlights the fact that the ombudsman has launched a strategic initiative into how the administration records text and instant messages sent/received by staff members in their professional capacity; supports the ombudsman’s commitment to improving the way the eu administration deals with text and instant messages and other new technologies in the context of its transparency obligations;


### 12. reiterates its call for the eu institutions to ensure that informal trilogues are more transparent by holding the meetings in public; reiterates its call also to publish documentation including calendars , agendas , minutes , documents examined , amendments , decisions taken , information on member state delegations and their positions and minutes , in a standardised and easily accessible online environment , by default and without prejudice to the exemptions listed in article 4(1) of the transparency regulation; ### 12. reiterates its call for the eu institutions to ensure that trilogues are more transparent; reiterates its call also to publish the relevant documentation including calendars , agendas , minutes of decisions taken and information on member state delegations , in a standardised and easily accessible online environment , by default in accordance with regulation (ec) no 1049/2001 of the european parliament and of the council;


### 12. reiterates its call for the eu institutions to ensure that informal trilogues are made more transparent , by holding the meetings in public; reiterates its call also to publish documentation including calendars , agendas , minutes , documents examined , amendments , decisions taken , information on member state delegations and their positions and minutes , in a standardised and easily accessible online environment , by default and without prejudice to the exemptions listed in article 4(1) of the transparency regulation; ### 12. reiterates its call also to publish documentation including calendars , agendas , minutes , documents examined , amendments , decisions taken , information on member state delegations and their positions and minutes , in a standardised and easily accessible online environment , by default and without prejudice to the exemptions listed in article 4(1) of the transparency regulation;


### 13. points out that , following an inquiry into frontex’s complaints mechanism , in which the ombudsman drew attention to the agency’s delays in fulfilling its new obligations under the mechanism itself and those of the fundamental rights officer , the ombudsman has opened an own-initiative inquiry into how frontex complies with its fundamental rights obligations and ensures accountability in relation to its enhanced responsibility; highlights that this inquiry seeks to clarify matters related to the accountability of frontex’s joint operations , to activities related to returns of migrants and to migration support in screening at eu external borders; ### 13. points out that , following an inquiry into frontex’s complaints mechanism , in which the ombudsman drew attention to the agency’s delays in fulfilling its new obligations under the mechanism itself and those of the fundamental rights officer , the ombudsman has opened an own-initiative inquiry into how frontex complies with its fundamental rights obligations and ensures accountability in relation to its enhanced responsibility; highlights that this inquiry seeked to clarify matters related to the accountability of frontex’s joint operations , to activities related to returns of migrants and to migration support in screening at eu external borders; welcomes the fact that no further inquiries were necessary;


### 13. points out that , following an inquiry into frontex’s complaints mechanism , in which the ombudsman drew attention to the agency’s delays in fulfilling its new obligations under the mechanism itself and those of the fundamental rights officer , the ombudsman has opened an own-initiative inquiry into how frontex complies with its fundamental rights obligations and ensures accountability in relation to its enhanced responsibility; highlights that this inquiry seeks to clarify matters related to the accountability of frontex’s joint operations , to activities related to returns of migrants and to migration support in screening at eu external borders; ### 13. points out that , following an inquiry into frontex’s complaints mechanism , in which the ombudsman drew attention to the agency’s delays in fulfilling its new obligations under the mechanism itself and those of the fundamental rights officer , the ombudsman has opened an own-initiative inquiry into how frontex complies with its fundamental rights obligations and ensures accountability in relation to its enhanced responsibility; highlights that this inquiry seeks to clarify matters related to the accountability of frontex’s joint operations , to activities related to returns of migrants and to migration support in screening at eu external borders; notes that frontex presented , in june 2022 , an action plan for the implementation of the four recommendations issued by the ombudsman on 17 january 2022;


### 14. welcomes the opening of an inquiry into the commission’s role in assessing the sustainability of gas projects listed as projects of regional significance by the energy community – which brings together the eu , countries in the western balkans , countries in the black sea region , and norway – as the gas projects might not have been covered by an adequate sustainability assessment before being included on the list; recalls that these projects were evaluated according to a methodology formerly used by the commission for its list of projects of common interest , which is currently inadequate and no longer used; considers that , particularly in the current geopolitical energy context , energy projects promoted or financed by the eu should be evaluated in the most transparent , consistent and participative way possible; ### 14. takes note of the opening of an inquiry into the commission’s role in assessing the sustainability of gas projects listed as projects of regional significance by the energy community – which brings together the eu , countries in the western balkans , countries in the black sea region , and norway – as the gas projects might not have been covered by an adequate sustainability assessment before being included on the list; considers that , particularly in the current geopolitical energy context , energy projects promoted or financed by the eu should be evaluated in the most transparent , consistent and participative way possible;


### 15. emphasises the importance of the adoption of an updated statute for the ombudsman’s office in june 2021; recalls that the new statute codifies many of the office’s working practices over recent years; welcomes the fact that the revised statute provides a strengthened legal framework for the office and introduces new safeguards that further guarantee its independence; strongly believes that the office of the ombudsman must be awarded an increased budget to provide it with the necessary resources to effectively handle the overall workload and ensure it is able to continue to work competently at the service of european citizens; ### 15. emphasises the importance of the adoption of an updated statute for the ombudsman’s office in june 2021; recalls that the new statute codifies many of the office’s working practices over recent years; welcomes the fact that the revised statute provides a strengthened legal framework for the office and introduces new safeguards that further guarantee its independence; reiterates that article 17 of the statute governing the performance of the ombudsman’s duties stipulates that the seat of the ombudsman shall be that of the european parliament , as determined in point (a) of the sole article of protocol no 6 on the location of the seats of the institutions;


### 15. emphasises the importance of the adoption of an updated statute for the ombudsman’s office in june 2021; recalls that the new statute codifies many of the office’s working practices over recent years; welcomes the fact that the revised statute provides a strengthened legal framework for the office and introduces new safeguards that further guarantee its independence; strongly believes that the office of the ombudsman must be awarded an increased budget to provide it with the necessary resources to effectively handle the overall workload and ensure it is able to continue to work competently at the service of european citizens; ### 15. emphasises the importance of the adoption of an updated statute for the ombudsman’s office in june 2021; recalls that the new statute codifies many of the office’s working practices over recent years; welcomes the fact that the revised statute provides a strengthened legal framework for the office and introduces new safeguards that further guarantee its independence; strongly believes that the office of the ombudsman must be awarded an appropriate budget to effectively handle the overall workload and ensure it is able to continue to work competently at the service of european citizens;


### 22. encourages the ombudsman to continue her collaboration with national ombudsmen through the eno; believes it necessary to step up interactions and exchanges of best practices with and between national and regional ombudsmen and the european ombudsman to ensure that citizens are better informed about their rights and have better guidance when making complaints; ### 22. encourages the ombudsman to continue her collaboration with national ombudsmen through the eno; believes it necessary to step up interactions and exchanges of best practices with and between national and regional ombudsmen and the european ombudsman to ensure that citizens are better informed about their rights and have better guidance when making complaints; calls on this network to consider the role that national and regional ombudsmen could play in increasing the involvement of eu citizens in the eu decision-making process;


### 1. recalls that the withdrawal agreement allowed for the orderly withdrawal of the uk from the eu , avoiding a ‘cliff edge’; ### 1. recalls that the withdrawal agreement allowed for the orderly withdrawal of the uk from the eu , minimizing social and economic disruption and avoiding a ‘cliff edge’ scenario;


### 1. recalls that the uk opted for a ‘constitutive system’ (the eu settlement scheme – euss) , which grants eligible eu citizens resident in the uk either settled status or pre-settled status at the end of the transition period , allowing them to reside legally in the uk and enjoy all the rights provided for under the withdrawal agreement (wa); recalls that the wa makes clear that the administrative procedures under a constitutive system must be ‘smooth , transparent and simple’; ### 1. recalls that the withdrawal agreement allows the eu member states and the uk to require mandatory application as a condition for confirmation of the enjoyment of the rights provided by the agreement and that , like 13 member states , the uk opted for a ‘constitutive system’(the eu settlement scheme – euss) , which grants eligible eu citizens resident in the uk either settled status or pre-settled status at the end of the transition period , allowing them to reside legally in the uk and enjoy all the rights provided for under the withdrawal agreement (wa); recalls that the wa makes clear that the administrative procedures under a constitutive system must be ‘smooth , transparent and simple’ and administrative costs must not exceed those imposed on nationals of the host state for obtaining similar documents;


### 2. notes that , as expected , brexit has proven to be damaging for all concerned , and even more so for the uk; points out that it would have been much worse without the withdrawal agreement; ### 2. notes that , as expected , brexit has proven to be damaging for all concerned , and even more so for the uk; points out that the disruption and legal uncertainty caused by the uk withdrawal would have been much worse for citizens , businesses , and public administrations in the eu and uk alike without the withdrawal agreement;


### 2. stresses that the misalignment of the euss with the wa creates a risk of legal uncertainty for eu citizens in the uk as to whether their rights are guaranteed under uk immigration law or by the wa , and whether they can use their euss status to prove their rights under the wa; ### 2. regrets that the eligibility conditions applied by the uk for access to rights under the euss still differ from those provided in the withdrawal agreement; stresses that the misalignment of the euss with the wa creates a risk of legal uncertainty for eu citizens in the uk as to whether their rights are guaranteed under uk immigration law or by the wa , and whether they can use their euss status to prove their rights under the wa;


### 3. expresses its concern about the difficulties that eu citizens may encounter when applying for settled or pre-settled status due to the uk’s insistence on a digital-only approach; ### 3. expresses its concern about the difficulties that eu citizens may encounter when applying for settled or pre-settled status due to the uk home office’s insistence on a digital-only approach; reiterates its call to the uk authorities to issue a physical document as proof of their right to reside in the uk in order to provide greater certainty and a sense ofsecurity1a;


### 4. notes that some important improvements are still to be made to safeguard citizens’ rights and that the first three years of the implementation of the withdrawal agreement have been tarnished by the uk’s continuous breaches of its commitments under the protocol; ### 4. notes that some important improvements are still to be made to safeguard citizens’ rights and that the first three years of the implementation of the withdrawal agreement have been tarnished by the uk’s continuous breaches of its commitments under the protocol on ireland/northern ireland; underlines that the uk’s unilateral actions disregarding provisions of the protocol are in violation of international law;


### 4. urges the uk authorities to ensure the effective and transparent implementation of temporary protection measures for eu citizens who missed the deadline for applications; ### 4. regrets the increasing delays in issuing residence documents and entry visas for eu citizens in uk and urges the uk authorities to elaborate plans to reduce the number of cases awaiting a decision; similarly urges the uk authorities to ensure the effective and transparent implementation of temporary protection measures for eu citizens who missed the deadline for applications;


### 5. stresses that compliance with treaties constitutes a fundamental principle of international law and that a trusting relationship between the eu and the uk depends on all parties respecting their legally binding commitments; ### 5. reiterates that the provisions of the withdrawal agreement must be respected and implemented; stresses that compliance with treaties constitutes a fundamental principle of international law and that a trusting relationship between the eu and the uk depends on all parties respecting their legally binding commitments;


### 5. considers it inconsistent with the wa that pre-settled status holders who do not reapply successfully for settled status risk losing their rights to live , work and access services in the uk; ### 5. considers it inconsistent with the wa that pre-settled status holders who do not reapply successfully for settled status risk losing their rights to live , work and access services in the uk; points out that pre-settled status holders can only lose their residence rights in limited circumstances (e.g. criminality , fraudulent applications , and extended absences) , and that these circumstances do not include failing to apply for settled status; welcomes the fact that the uk high court has granted permission to the uk independent monitoring authority for the citizens’ rights agreements to proceed with its judicial review claim against the home office in this respect;


### 7. welcomes the uk’s establishment of the eu settlement scheme to fulfil its obligations to eu citizens and their family members; expresses concern at the high number of applicants , up to 41 % , who are only accorded pre-settled status; is worried that eu citizens with pre-settled status have to make a second application to obtain settled status , which might lead to an automatic and illegal loss of their rights; ### 7. welcomes the uk’s establishment of the eu settlement scheme to fulfil its obligations to eu citizens and their family members; expresses concern at the high number of applicants , up to 41 % , who were only accorded pre-settled status;


### 11. recalls that the protocol was agreed as a compromise to safeguard the good friday agreement in all its parts and prevent the establishment of a physical border on the island of ireland , while protecting the integrity of the eu single market; recalls , furthermore , that the final version of the protocol was in fact proposed by the uk government , leading to the abandonment of the previous version of the ‘backstop’; ### 11. recalls that the protocol was agreed as a compromise to safeguard the good friday agreement in all its parts and prevent the establishment of a physical border on the island of ireland , while protecting the integrity of the eu single market; recalls , furthermore , that the final version of the protocol was in fact proposed by the uk government , leading to the abandonment of previous versions of the ‘backstop’;


### 12. strongly regrets the uk’s lack of political will and failure to act in good faith and in compliance with its commitments under the protocol; regrets , in particular , the lack of support given to the eu staff in charge of monitoring customs checks in the irish sea , the insufficient access to uk customs data and the successive unilateral grace periods that have undermined border checks , in clear breach of the protocol; ### 12. strongly regrets the uk’s lack of political will and failure to act in good faith and in compliance with its commitments under the protocol; regrets , in particular , the lack of support given to the eu staff in charge of monitoring customs checks in the irish sea , the insufficient access to uk customs data and the successive unilateral grace periods that have undermined border checks , in clear breach of the protocol; welcomes the ongoing work at technical level between the commission and the uk to ensure access of eu services to uk live customs data for risk analysis purposes; expects a prompt finalization of the arrangement;


### 12. strongly regrets the uk’s lack of political will and failure to act in good faith and in compliance with its commitments under the protocol; regrets , in particular , the lack of support given to the eu staff in charge of monitoring customs checks in the irish sea , the insufficient access to uk customs data and the successive unilateral grace periods that have undermined border checks , in clear breach of the protocol; ### 12. regrets the uk’s lack of political will and failure to act in good faith and in compliance with its commitments under the protocol; regrets , in particular , the lack of support given to the eu staff in charge of monitoring customs checks in the irish sea , the insufficient access to uk customs data and the successive unilateral grace periods that have undermined border checks , in clear breach of the protocol; acknowledges and welcomes recent reports on progress regarding the sharing of real-time customs data between the eu and uk relating to the movement of goods across the irish sea , via the uk government’s eu access system.


### 13. stresses that any breach of the protocol is a breach of international legal commitments and an unacceptable show of disrespect for the rule of law; ### 13. stresses that any breach of the protocol is a breach of international legal commitments and an unacceptable demonstration of disrespect for the rule of law;


### 14. expresses strong concerns about the recently proposed northern ireland protocol bill , whereby the uk government insists on unilaterally disapplying provisions of the protocol; recalls that a bilateral agreement cannot be changed unilaterally; calls on the uk government to immediately withdraw this proposal , refrain from unilateral action and fully implement the agreements that it has signed; ### 14. expresses concern regarding the progress of the northern ireland protocol bill , whereby the uk government insists on unilaterally disapplying provisions of the protocol; recalls that a bilateral agreement cannot be changed unilaterally; calls on the uk government to immediately withdraw this proposal , refrain from unilateral action and fully implement the agreements that it has signed; expresses hope that a joint solution can be reached between the eu and uk regarding post-brexit trading arrangements for northern ireland; notes that , according to recent polling , the majority of those living in northern ireland have a preference for a joint agreement , rather than uk unilateral action , in this regard; welcomes the resumption of technical talks between the eu and uk.


### 14. expresses strong concerns about the recently proposed northern ireland protocol bill , whereby the uk government insists on unilaterally disapplying provisions of the protocol; recalls that a bilateral agreement cannot be changed unilaterally; calls on the uk government to immediately withdraw this proposal , refrain from unilateral action and fully implement the agreements that it has signed; ### 14. expresses strong concerns about the uk’s continued preference for the use of unilateral measures to amend and/or break the bilateral agreements despite of the availability of two dispute settlement mechanisms envisaged in the withdrawal agreement; notes that the uk government first intended to do so via its internal market bill; is particularly worried about the continuation of this trend with the recently proposed northern ireland protocol bill , which would give uk ministers far-ranging unilateral rights to disapply provisions of the protocol; recalls that a bilateral agreement cannot be changed unilaterally; calls on the uk government to immediately withdraw this proposal , refrain from unilateral action and fully implement the agreements that it has signed;


### 15. recalls the unilateral declaration made by the uk government , in the context of the protocol , concerning the operation of the ‘democratic consent in northern ireland’ provision in a manner consistent with the good friday agreement; underlines that , in accordance with that unilateral declaration , ‘democratic consent’ to the protocol does not necessarily require cross-community support , but rather must be provided in due time by the majority of the northern ireland assembly; recalls that in the most recent elections in northern ireland , a clear majority of voters voted for parties that supported the protocol; ### 15. recalls the unilateral declaration made by the uk government , in the context of the protocol , concerning the operation of the ‘democratic consent in northern ireland’ provision in a manner consistent with the good friday agreement; underlines that , in accordance with that unilateral declaration , ‘democratic consent’ to the protocol must be provided in due time by the majority of the northern ireland assembly; recalls that in the most recent elections in northern ireland , a clear majority of voters voted for parties that supported the protocol; strongly encourages the commission to pursue its outreach activities with all communities in northern ireland;