# Official Journal C 375/30 S

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 375 |
| | |
| English edition | Information and Notices | Volume 6530 September 2022 |

ISSN 1977-091X

Official Journal

of the European Union

C 375

English edition

Information and Notices

Volume 6530 September 2022

---

| Contents | page |
| --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | Committee of the Regions |
| | 150th CoR plenary session, 29.6.2022–30.6.2022 |
| 2022/C 375/01 | Resolution on the European Committee of the Regions’ proposals in view of the European Commission Work Programme for 2023 | 1 |
| 2022/C 375/02 | Resolution of the European Committee of the Regions — The outcome and follow up of the Conference on the Future of Europe | 9 |
| | OPINIONS |
| | Committee of the Regions |
| | 150th CoR plenary session, 29.6.2022–30.6.2022 |
| 2022/C 375/03 | Opinion of the European Committee of the Regions on The new EU Arctic strategy | 15 |
| 2022/C 375/04 | Opinion of the European Committee of the Regions — Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030) | 21 |
| 2022/C 375/05 | Opinion of the European Committee of the Regions — Enlargement Package 2021 | 26 |
| 2022/C 375/06 | Opinion of the European Committee of the Regions — Ecological transition — What balance between social acceptability and environmental imperatives from the point of view of cities and regions with a view to building resilient communities? | 34 |
| 2022/C 375/07 | Opinion of the European Committee of the regions — The implementation of green budgets at local and regional levels | 41 |

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

Committee of the Regions

150th CoR plenary session, 29.6.2022–30.6.2022

2022/C 375/01

Resolution on the European Committee of the Regions’ proposals in view of the European Commission Work Programme for 2023

1

2022/C 375/02

Resolution of the European Committee of the Regions — The outcome and follow up of the Conference on the Future of Europe

9

OPINIONS

Committee of the Regions

150th CoR plenary session, 29.6.2022–30.6.2022

2022/C 375/03

Opinion of the European Committee of the Regions on The new EU Arctic strategy

15

2022/C 375/04

Opinion of the European Committee of the Regions — Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030)

21

2022/C 375/05

Opinion of the European Committee of the Regions — Enlargement Package 2021

26

2022/C 375/06

Opinion of the European Committee of the Regions — Ecological transition — What balance between social acceptability and environmental imperatives from the point of view of cities and regions with a view to building resilient communities?

34

2022/C 375/07

Opinion of the European Committee of the regions — The implementation of green budgets at local and regional levels

41

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| | III   Preparatory acts |
| --- | --- |
| | Committee of the Regions |
| | 150th CoR plenary session, 29.6.2022–30.6.2022 |
| 2022/C 375/08 | Opinion of the European Committee of the Regions — Improving working conditions in platform work | 45 |
| 2022/C 375/09 | Opinion of the European Committee of the Regions — Proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings | 64 |
| 2022/C 375/10 | Opinion of the European Committee of the Regions — European Data Act | 112 |

III   Preparatory acts

Committee of the Regions

150th CoR plenary session, 29.6.2022–30.6.2022

2022/C 375/08

Opinion of the European Committee of the Regions — Improving working conditions in platform work

45

2022/C 375/09

Opinion of the European Committee of the Regions — Proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings

64

2022/C 375/10

Opinion of the European Committee of the Regions — European Data Act

112

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| EN | |
| --- | --- |

EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

Committee of the Regions

150th CoR plenary session, 29.6.2022–30.6.2022

| 30.9.2022 | EN | Official Journal of the European Union | C 375/1 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/1

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Resolution on the European Committee of the Regions’ proposals in view of the European Commission Work Programme for 2023

(2022/C 375/01)

THE EUROPEAN COMMITTEE OF THE REGIONS,

having regard to:

| — | the Protocol of Cooperation with the European Commission of February 2012; |
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—

the Protocol of Cooperation with the European Commission of February 2012;

| — | the CoR Resolution on the European Committee of the Regions’ priorities for 2020-2025 (1); |
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—

the CoR Resolution on the European Committee of the Regions’ priorities for 2020-2025 (1);

| — | the final report of the Conference on the Future of Europe; |
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—

the final report of the Conference on the Future of Europe;

| — | the contributions of regional parliaments with legislative powers received in the framework of the CoR-CALRE cooperation agreement; |
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—

the contributions of regional parliaments with legislative powers received in the framework of the CoR-CALRE cooperation agreement;

| — | its Resolution on the final outcome of the Conference on the Future of Europe; |
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—

its Resolution on the final outcome of the Conference on the Future of Europe;

encourages the European Commission to pursue the following actions through its 2023 work programme:

Future of Europe

| 1. | Welcomes the recommendations adopted by the Plenary of the Conference on the Future of Europe (COFE) for a more democratic, sustainable and fairer European Union. The CoR is committed to contributing to the implementation of the final report, including to the institutional reforms needed to ensure a strong link between citizens and their elected representatives at all levels. The CoR has outlined its proposals for possible treaty changes and updates of interinstitutional agreements in a separate resolution; |
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1.

| 2. | Calls for the EC work programme to include concrete initiatives implementing these proposals, in particular in view of developing place-based participatory methods and making them a permanent feature of EU decision-making, while respecting the legislative competences of regional administrations; |
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2.

| 3. | Welcomes, therefore, the COFE proposal aimed at creating a system of EU Councillors, a proposal initiated by the CoR, as a way to further reduce the distance between EU institutions and citizens. The CoR is committed to implementing this proposal in cooperation with the Commission through its European Network of Regional and Local Councillors, and the project ‘Building Europe with Local Councillors’. The CoR also recommends the broadest involvement of young local politicians and administrators in EU law-making processes, also by promoting its Young Elected Politicians (YEP) programme; |
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3.

| 4. | Calls for a better involvement of young people in democratic processes and for structured ways of engaging with youth (e.g. youth councils), and considers civic education an essential prerequisite for empowering citizens, allowing them to participate in democratic life in an informed and active way. Calls for the EC work programme to propose initiatives to develop a Europe-wide curriculum for civic education, the promotion of European democratic values, critical thinking, digital skills and media literacy, in partnership with local and regional authorities; |
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4.

| 5. | Urges the European Commission to lead a fast procedure aimed at reaching a satisfactory and permanent solution to the problem of the humanitarian crisis in the Mediterranean, firstly focused on protecting migrants’ lives, but also on ensuring the respect for human rights and fundamental freedoms. The CoR and the LRAs offer their deepest cooperation; |
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5.

| 6. | calls on the Commission to systematically use the subsidiarity assessment grid when presenting legislative proposals in policy areas of shared or coordinating competences; |
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6.

Ukraine

| 7. | Reiterates its request to the European Commission to set up an EU Ukrainian Refugees Local Facility, not as a new fund, but as an operational and complementary tool to cut red tape and fast-track local leaders’ access to current funds; |
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7.

| 8. | Stresses that Member States may use the funding of the Cohesion’s Action for Refugees in Europe (CARE) to develop tailor-made solutions for the long-term integration of people with a migrant background, through investments in housing, education, employment, health, social inclusion and care, or other social services. Emergency support to refugees should be provided independently of their country of origin; |
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8.

| 9. | Asks the Commission to put forward a proposal for a revision of Cohesion's Action for Refugees in Europe (CARE), to consider short- and medium-term solutions for local and regional authorities in order to meet ongoing financial needs related to the Ukraine crisis, and calls for strong measures to prevent and tackle human trafficking, and for safeguards to ensure refugees have access to medical and psychological care and to sexual and reproductive health rights; supports a Child Protection Package for Ukrainian refugee children and calls for special measures to protect vulnerable refugees; |
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9.

| 10. | reiterates with regard to the implementation of the one-in, one-out principle, whereby new legislative ‘burdens’ are only allowed to be introduced to the extent to which previous ‘burdens’ are removed, that the fundamental justification for all legislation in democratic communities is to maximise the net benefit for society as a whole and that the EU’s legislative objectives and high economic, social and environmental standards have to be preserved; |
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10.

| 11. | Welcomes the activation of the Temporary Protection Directive, and underscores that recognising free movement rights and the autonomy of refugees has the positive result of alleviating pressure on national asylum systems and on the reception capacities in border regions. However, the CoR calls on the Commission to reconsider the pertinence of its Proposal for a Regulation on instrumentalisation in the field of migration and asylum and the definition of instrumentalisation in the draft revised Schengen Borders Code, as they would also apply to Ukrainian refugees weaponised by the Russian regime and thereby risk entering in direct conflict with the Temporary Protection Directive; |
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11.

| 12. | Strongly supports the creation of an EU recovery plan for Ukraine to revive Ukraine’s economy, the reconstruction of its destroyed infrastructure, and to support its path of democratic reforms of its institutions and public services. In this context, the CoR will establish an Alliance of Cities and Regions for the reconstruction of Ukraine bringing together local and regional authorities in Europe and in Ukraine, with a view of giving self-government a pivotal role in the reconstruction strategic planning, further implementing the devolution process and multilevel governance in Ukraine and improving good local/regional governance. The CoR also echoes the call of Ukrainian and EU local and regional authorities to revitalise or establish partnerships, and city and region twinning as integral parts of the rebuilding process. The CoR is in favour of measures mitigating the long-term social and economic consequences of the Russian war in Ukraine for the EU’s regions and cities; |
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12.

| 13. | Points out that the corrective measures taken as part of the Member States’ macroeconomic imbalance procedures have a more strongly effects in some regions, as those identified in Article 349 of the TFEU, that have an economic and social highly sensitive to exogenous shocks and contractionary economic policies; |
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13.

Recovery and Cohesion

| 14. | Believes that if the escape clause of the Stability and Growth Pact (SGP) were to be deactivated against the current backdrop of an energy crisis, geopolitical instability, and recovery from the COVID-19 pandemic, it could have a significant economic, social and environmental impact. Therefore, calls for the general escape clause to remain active until a revised economic governance framework is put in place. The CoR also endorses the COFE’s call for a reform of the European Semester with view of increasing its democratic legitimacy and the involvement of local and regional authorities through a ‘Code of Conduct’ modelled on the Code of Conduct for Partnership in the structural funds; |
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14.

| 15. | With the implementation of the National Recovery and Resilience Plans (NRRPs) now underway, calls on the Commission to ensure that local and regional authorities are fully involved in their decision-making, programming and implementation in order to mitigate risks stemming from lack of coordination with other sources of funding, including cohesion, and to strengthen coherence and synergies with local development strategies, both of which are key to reaching the objectives of the Recovery and Resilience Facility (RRF); |
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15.

| 16. | Underlines that the potential of a European cohesion policy plays a decisive role in minimising the territorial imbalances of the economic activities — especially those with higher added value — as well as in a more equitable regional distribution of European income, which the internal market and globalisation alone do not guarantee. So, it must stay among the core ideas for the reflection; |
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16.

| 17. | Strongly supports the ‘do no harm to cohesion’ principle put forward in the 8th Cohesion Report underlining that cohesion is an overall value of the EU, and suggests an early start for a thorough reflection process about the long-term challenges for cohesion, and how cohesion policy and other EU policies can address them; in this regard, supports the Commission in establishing rural proofing as part of a better contribution of all policies to cohesion in rural areas, both at EU, Member State and sub-national level; |
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17.

| 18. | Asks for the 2023 evaluation of the long-term vision for EU’s rural areas 2040 to set up concrete proposals accompanied by resources, financial instruments and quantitative targets, and to take into account the impact of the Ukraine war on rural areas; calls for the adoption of a forward-looking European rural agenda that supports agricultures and local production, improves urban-rural integration, takes into account the situation of regions suffering from serious and permanent natural or demographic disadvantages, strengthens food resilience and leads to a sustainable revitalisation of rural communities and peripheral areas; |
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18.

| 19. | Calls on the European Commission to step up communication efforts on European policies in rural areas, which feel alienated from the debate processes and are often unaware of the channels of participation that the institutions make available to them; |
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19.

| 20. | Calls on the European Commission to put into practice the new strategy for the Outermost Regions of the Union, in all its scope and depth, which have been and still are particularly affected by the pandemic and are also mostly vulnerable to the international crisis resulting from the war in Ukraine; |
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20.

| 21. | Agrees with the Conference of Regional Legislative Assemblies (CALRE) and the European Parliament that the specific demographic characteristics, needs and challenges faced by peripheral and insular regions, including archipelagos and outermost regions require dedicated and targeted support from the EU, for example in the green and digital transitions, including research and investment programmes focussing on the potential of these regions in the areas of renewable energy, sustainable agriculture and fisheries, marine and biodiversity protection, and reducing the multiple structural and permanent handicaps suffered by these European Union territories, as for example the difficulties of these regions in decreasing the CO2 footprint; |
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21.

| 22. | Agrees with the European Parliament to move forward an Islands Pact and a European Union Agenda for Islands, with the participation of the principal stakeholders, namely national, regional and local authorities, economic and social operators, civil society, academia and non-governmental organisations, along the lines of the Urban Pact and the future Rural Pact; and calls on the Commission to carry out a study on the diverse situation of island territories of the European Union; |
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22.

| 23. | Calls on the European Commission to initiate the legislative acts needed to implement the new strategy for the outermost regions ‘putting people first, securing sustainable and inclusive growth, unlocking the potential of the EU's outermost regions’, which reflects the Commission’s unwavering commitment to these regions through place-based approaches and tailored support in accordance with the Treaty; |
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23.

| 24. | Underlines that small towns and villages can play a vital role in designing and implementing integrated territorial development processes, and asks the European Commission to promote their role in ITI and CLLD and other territorial tools supporting initiatives established by the Member States by creating an advisory support network within cohesion policy in order to foster their use, particularly among the small urban areas which play the role of regional centres, and to guarantee that National Governments will support all initiatives of ITI and CLLD, especially those regions that need it the most, such as less developed regions and those that fell behind in the local development; |
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24.

| 25. | Considers that the multiple crises the European Union is currently facing reinforce the need to keep the pace of implementing the European Green Deal and giving it a new legislative impetus in 2023 and welcomes therefore that according to the First Annual Report on the implementation of the RRF, the minimum 37 % of the Recovery and Resilience Facility funds allocated to the green transition has been exceeded; |
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25.

Green transition and Sustainability

| 26. | Calls on the European Commission to engage with local and regional governments on the implementation of initiatives stemming from the Glasgow Climate Pact and future COP27 conclusions, and support multilevel collaboration and locally-determined contributions; calls on the European Commission to recognise the role of local and regional governments in achieving the goals of the Paris Agreement and in subnational climate diplomacy; calls to join efforts in an ambitious post-2020 global biodiversity framework with the aim of ensuring that the shared vision of ‘living in harmony with nature’ is fulfilled by 2050; |
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26.

| 27. | Is concerned that the progress made to promote adaptation to climate change has slowed down compared to the high ambitions announced in the new EU strategy on adaptation to climate change, and also the heightened global ambitions, as underlined by the UNFCCC’s call for a global target on adaptation to climate change; |
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27.

| 28. | Calls on the Commission to systematically integrate the principle of energy sufficiency in the EU legislative framework, promoting systematic action to save energy, to accompany and speed up the transition towards clean, renewable, affordable and secure energy, and asks that the Commission and the co-legislators work towards a sound legislative framework to assess and fight energy and mobility poverty; asks to be included in the Energy Poverty and Vulnerable Consumers Coordination Group; stresses that renewable energy communities are a key tool for promoting the widespread use of renewable energy sources and achieving a decentralised and secure energy system; calls on the Commission and Member States to work with regional authorities to tackle the barriers to their development and devise further incentives, as well as to support necessary investments in such process. In this regard, points out that regions where the energy transition will be more costly because of their energy isolation, such as islands and the outermost regions, should not be forgotten; |
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28.

| 29. | Calls on the Commission to work on a permanent Green Deal legislative framework that better embeds the SDGs and includes local and regional authorities structurally in a thorough revision of the Regulation on the Governance of the Energy Union and Climate Action; |
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29.

| 30. | Calls on the Commission to continue supporting the work of the European Covenant of Mayors, as well initiatives such as the EU mission for climate-neutral and smart cities as a key instrument for implementing the European Green Deal in cities and regions across the EU, and for helping local and regional authorities meet the adaptation targets; |
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30.

| 31. | Calls on the Commission to work in cooperation with Member States on a financing and support framework to boost the implementation of the renovation targets for subnational public buildings with a view to ensuring the feasibility of these standards as proposed in the Energy Efficiency Directive; in this sense, recalls the importance of providing direct funding for local and regional authorities for energy efficiency measures, as well as additional guidance and support, especially for the renovation of historic buildings; |
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31.

| 32. | Commits to continuing to cooperate on the Zero Pollution Stakeholder Platform, promoting a multi-level governance approach for the zero pollution action plan, including monitoring and, at a later stage, setting up a scoreboard of EU regions’ green performance; |
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32.

| 33. | Supports the designation of a European Year of Greener Cities and expresses its readiness to become actively involved in this initiative; |
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33.

| 34. | supports a holistic place-based and area-oriented approach on environmental policies and reiterates its call for an Ocean Law, in the same spirit as the climate law; |
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34.

| 35. | Calls for greater emphasis to be placed on short agri-food value chains and for the recognition of the diversity of production systems across Europe, including alternative production systems, aimed at promoting local and regional forms of production, processing and marketing to build up local and regional food autonomy; calls for greater support for collective local projects that involve processors, local authorities, farms, forest holdings, traders, cooperatives, local products associations and local consumers to develop a local food offer; |
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35.

| 36. | Highlights the need to develop measures through short- and medium-term economic support and structural social policies aimed at facilitating access to a more sustainable and healthy food system for the most vulnerable groups, thus helping to combat obesity and malnutrition, including a post-2020 EU action plan on childhood obesity to be drawn up; |
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36.

| 37. | Calls for an effective multilevel governance system combining European Missions with local and regional development strategies, COVID-19 recovery measures, and innovation funding through the Structural Funds to achieve a greener, healthier, inclusive and resilient EU; |
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37.

| 38. | Strongly supports the recent Partnerships for Regional Innovation pilot action for combining the concept of smart specialisation with the mission approach of the green and digital transitions; suggests that the EU provide additional support for promoting territorial missions as well as local innovation ecosystems via ERA hubs, so that they may play an active role in the European Research Area and in closing the innovation divide in the EU; |
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38.

| 39. | Underlines that the New European Bauhaus can only be implemented through a multilevel governance and place-based approach, conceived as an interconnected network of regional or local hubs rather than just a single geographical outpost; reiterates its proposal for an easy-to-use voucher scheme to provide practical support to cities and regions for engaging in the New European Bauhaus community; |
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39.

| 40. | Expects the Commission to further mainstream the gender dimension into its policy processes, notably by putting forward a methodology assessing the gender impact of EU programmes; |
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40.

| 41. | Fully acknowledges the need for decisive action to reach the EU’s climate goals in the transport sector. Considers that all modes of transport must become more sustainable, and road transport must lower emissions through a combination of long-term sustainable alternative fuels and zero-emission vehicles. It is also important to take account of the whole lifecycle so as to minimise greenhouse gas emissions all the way from well to wheel, not just at the exhaust pipe. In view of the needed substantial transformation of the automotive sector in all regions in order to guarantee that no region is left behind, urges the Commission to address the impact of stricter CO2 emission standards for cars and vans through a European mechanism to support a just and socially fair transition for the European automotive and supply industry regions; |
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41.

Digital transition and industry

| 42. | Strongly encourages the dissemination of research results and best practices to local innovation actors — namely via initiatives such as the Knowledge Exchange Platform (KEP) and Science Meets Regions, as well as the ongoing activities of the European Institute of Technology and the European Innovation Council, primarily targeting start-ups and high-growth-potential companies within Europe’s regions; |
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42.

| 43. | Welcomes the work undertaken by the Commission under the ‘Join, Boost, Sustain’ movement, and expresses its readiness to continue its expert activities on local and regional digital indicators, and support the European Commission in providing cities and municipalities with suitable tools to measure the digital transformation; |
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43.

| 44. | Against the background of the CoR opinion on Digital Cohesion, invites the Commission to engage with the CoR and territorial associations on 1) how to identify and monitor growing digital divides, 2) how to make the Union more digitally cohesive and 3) how to implement recommendations on the digital transformation put forward by the CoR and by the Conference on the Future of Europe; |
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44.

| 45. | Welcomes the Commission’s proposal on the Data Act and looks forward to receiving a draft regulation on the Interoperability Strategy Act, which should facilitate fair and equitable data sharing, in particular between public authorities at different levels and between private entities, and which builds trust between private companies and public authorities; |
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45.

| 46. | Looks forward to the publication of a new legislative initiative to create a single market emergency instrument, and welcomes the Commission’s announcement that the instrument will aim to reinforce European governance of the single market in times of crisis in order to anticipate and prevent disruptions, and calls for all relevant actors, including local and regional authorities, to be involved in crisis preparedness and response mechanisms: |
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46.

| 47. | Stresses the importance of a more politically coordinated and wide industrial strategy, in order to not exclude the more remote regions, with lacking in industrial location factors and low diversification of their economic structures, but with the potential to establish services companies complementary to industrial companies that the European strategy seeks to relocate in the EU territory; |
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47.

| 48. | Reiterates its recommendation that the Commission link its future industrial policy more closely to future-proofing, and take on board lessons from competitive regional ecosystems, the importance of key enabling technologies, and the need to strike a balance between competitiveness and open strategic autonomy; |
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48.

| 49. | Suggests the European Commission to improve and strengthen the relationship between the Cohesion Policy and State Aid window of the Competition Policy, by allowing the REACT-EU cofinancing use of actions implemented under the Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia; |
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49.

Cross-border cooperation and mobility

| 50. | Notes that legal and administrative obstacles continue to hinder the development of the European border regions, and calls on the Commission to propose an instrument for coordination between Member States during the transposition of EU directives to prevent the creation of new legal obstacles at borders; also calls on the Commission to reopen the dialogue with the Council on the proposed ECBM Regulation, or to propose an alternative instrument that would allow European border regions to efficiently find solutions to the obstacles they are facing; |
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50.

| 51. | Calls on the European Commission to present a proposal to ensure the maintenance of land and maritime cross-border cooperation in the event of an EU-wide or regional crisis, and to give adequate funding to projects developing cross-border connectivity and intermodality. The Connecting Europe Facility should always include specific calls to remedy cross-border missing links, and INTERREG should increase its participation in financing these transport bottlenecks. Long-term and sustainable investments through the European Investment Bank (EIB) and the national promotional banks and institutions (NPBIs) should also provide funding for cross-border projects; |
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51.

| 52. | Welcomes the public consultation initiated by the European Commission on Brain drain — mitigating challenges associated with population decline, and reiterates its call for different types of responses to be identified and implemented for each subcomponent of the brain drain phenomenon — brain gain, brain waste, brain circulation and re-migration — as well as of the migration of the skilled workforce; |
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52.

| 53. | Welcomes the ambitious revision of the guidelines for the development of the Trans-European Transport Networks (TEN-T), in particular the better integration of urban nodes into the long-distance network, and the improved governance of the European corridors. However, implementation of the infrastructure in line with the deadlines for each layer of the network will require a substantial financial effort at European, national and regional level. In order to guarantee continuity and availability of financing, the CoR encourages starting discussions on the next Connecting Europe Facility (CEF 3); |
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53.

| 54. | Welcomes the Commission proposal for the new urban mobility framework, while calling for greater emphasis on the promotion of active mobility and public transport. It is necessary to address the significant funding gaps facing LRAs in urban and peri-urban areas, as well as to ensure transport inclusivity for rural regions, in order to achieve the EU’s decarbonisation objectives; |
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54.

Social protection, education and youth

| 55. | Reaffirms the need to further involve young people in democratic processes and decisions at all levels of governance, and stresses that by mainstreaming youth across all relevant policy areas, the EU would ensure a strong legacy for the 2022 European Year of Youth; |
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55.

| 56. | Stresses the need to facilitate access to social protection, affordable and sustainable housing for all — and not least for young people — including through EU funding, and to combat precarious youth employment, as a response to the aggravated situation faced by Europe’s youth in the wake of the COVID-19 pandemic; |
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56.

| 57. | Urges the European Commission to propose an EU regulatory framework to end unpaid traineeships; |
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57.

| 58. | Asks the European Commission to establish a European housing agenda, which would effectively address the challenges and opportunities facing the housing sector by truly implementing the renovation wave strategy; requests therefore an exemption for long-term housing investment from being considered national or equivalent structural expenditure as defined within the SGP; |
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58.

| 59. | Calls on the Commission to update its 2011 Council recommendation on preventative policies to reduce early school leaving against a backdrop of major societal challenges that have occurred in recent years; |
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59.

| 60. | highlights the urgent need to improve digital education, as a key strategic objective for high-quality teaching and learning in the digital age. Mastering digital skills empowers our current and future citizens, enabling them to deal more successfully with the current fourth industrial revolution (digital revolution) and the upcoming fifth revolution with industry 5.0.; |
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60.

| 61. | Reiterates the need to ensure the full implementation of the European Pillar of Social Rights and its relevant headline targets for 2030; in this regard, urges the Commission to provide a comprehensive European anti-poverty strategy, also providing for effective monitoring and data collection mechanisms, including at subnational level; |
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61.

| 62. | Asks that local and regional authorities be involved in the design and implementation of the proposals for inclusive labour markets and stronger social policies; |
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62.

Health, civil protection and tourism

| 63. | Wholeheartedly supports the recommendation of the COFE to reinforce the resilience of health systems in Europe, and recalls that their management is decentralised in two-thirds of the Member States, making regions a key partner in discussing and implementing any new policies aimed at decreasing the EU’s dependence on foreign medicine suppliers, coordinating research and funding, accelerating strategic stockpiling, strengthening manufacturing and reviewing the vulnerability of health systems; in this regard, invites the Commission to reflect on new legislation, similar to the European Chips Act, to increase the EU’s independence in the field of active ingredients, ready-made medicines, and all types of medical countermeasures; |
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63.

| 64. | Expects the Commission to come forward with concrete proposals to implement the CoR recommendations on making the Directive on the Rights of Patients in Cross-Border Healthcare easier to use for patients, health professionals, health insurers and public authorities; calls specifically for more guidance and active support (logistic, legal and financial) to border regions involved (or planning to engage) in cross-border healthcare cooperation; |
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64.

| 65. | Expects the Commission to propose measures in the upcoming revision of pharmaceutical legislation to ensure that all patients have timely access to affordable, essential and innovative medicines, regardless of where they live, and to address the root causes of shortages of pharmaceuticals; |
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65.

| 66. | Reiterates the need for a clear plan for a long-term commitment to, and financial reinforcement of, the EU Civil Protection Mechanism and its instruments, both in terms of both disaster prevention and preparedness as well as collective emergency response capacity, especially in view of more complex and more frequent disasters; stands ready to contribute to the work of the Union Civil Protection Knowledge Network with regional and local disaster management expertise; |
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66.

| 67. | Continues to request a new strategy for European tourism, and asks the Commission to finally present a European Tourism Agenda 2030/2050 in order to support the dual transition (green and digital) of European tourism destinations, in particular of the outermost regions, boosting their competitiveness and facilitating both the recovery of the economy and tourism employment and the resilient relaunch of activities and the exercise of the right to safe and full tourism by the citizens of the European Union; |
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67.

External cooperation

| 68. | Expects the Commission to follow up on the CoR’s request to give more territorial depth to the relationship between the United Kingdom (UK) and the EU, and to consider ways and means to structurally associate, through the CoR, local and regional authorities to the partnership with the UK, and the institutional framework of the Trade and Cooperation Agreement (TCA). Beyond the TCA, the CoR stresses that the relationship between the EU and the UK should also benefit from the still untapped prospects for cooperation between EU and UK local and regional authorities in jointly engaging on common challenges, such as the sustainable management of the North Sea, the Channel and the Irish Sea, or the implementation of the Sustainable Development Goals at local and regional level; |
| --- | --- |

68.

| 69. | Calls on the Commission, when formulating tourism legislation, to take into account the additional constraints of the outermost regions, which are heavily dependent on tourism for their economic, social and cultural development, and warns, in this context, of the need to ensure proper funding to safeguard accessibility and the climate and digital transition in these regions; |
| --- | --- |

69.

| 70. | Proposes a framework for subnational action to be formally taken into account in the UNFCCC process and the ensuing EU climate; |
| --- | --- |

70.

| 71. | Calls on the Commission to recognise the role that local and regional authorities and peer-to-peer cooperation can play in contributing to peace and prosperity in third countries, such as the Nicosia initiative; |
| --- | --- |

71.

| 72. | Welcomes the European Commission’s opinions on Ukraine, Georgia and Moldova’s applications to EU membership and subsequently greets the European Council’s decision on granting the candidate status to Ukraine and Moldova and recognising the European perspective for Georgia; in this context, invites the Commission to undertake a revision of the Eastern Partnership initiative and an in-depth analyses of the relations with the EU’s Eastern Partnership countries, with a stronger focus on their European integration efforts; |
| --- | --- |

72.

| 73. | expresses its support for the accession of all Western Balkan countries to the EU, provided that they meet all the membership criteria; stresses the importance of sending positive signals to the Western Balkan countries in order to foster their commitment to the — unfortunately protracted — EU accession process; |
| --- | --- |

73.

| 74. | Instructs its President to forward this resolution to the EU institutions and the Presidencies of the Council of the EU. |
| --- | --- |

74.

Brussels, 29 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

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(1)  COR-2020-01392-00-00-RES-TRA.

1

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| 30.9.2022 | EN | Official Journal of the European Union | C 375/9 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/9

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Resolution of the European Committee of the Regions — The outcome and follow up of the Conference on the Future of Europe

(2022/C 375/02)

THE EUROPEAN COMMITTEE OF THE REGIONS

Having regard to:

| — | its Resolutions on the Conference on the Future of Europe of 12 February 2020 (1) and of 7 May 2021 (2), as well as on the contribution of local and regional authorities to the Conference on the Future of Europe of 27 January 2022 (3); |
| --- | --- |

—

its Resolutions on the Conference on the Future of Europe of 12 February 2020 (1) and of 7 May 2021 (2), as well as on the contribution of local and regional authorities to the Conference on the Future of Europe of 27 January 2022 (3);

| — | the CoR Marseille Manifesto of local and regional leaders: ‘Europe starts in its regions, cities and villages’ of 4 March 2022 (4); |
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—

the CoR Marseille Manifesto of local and regional leaders: ‘Europe starts in its regions, cities and villages’ of 4 March 2022 (4);

| — | the Report on the final outcome of the Conference on the Future of Europe of 9 May 2022 (5); |
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—

the Report on the final outcome of the Conference on the Future of Europe of 9 May 2022 (5);

| — | the European Parliament Resolution of 4 May 2022 on the follow-up to the conclusions of the Conference on the Future of Europe (6); |
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—

the European Parliament Resolution of 4 May 2022 on the follow-up to the conclusions of the Conference on the Future of Europe (6);

| — | the report of the CoR High Level Group on Democracy (7); |
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—

the report of the CoR High Level Group on Democracy (7);

| — | the European Parliament Resolution of 9 June 2022 on the call for a Convention for the revision of the Treaties (8); |
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—

the European Parliament Resolution of 9 June 2022 on the call for a Convention for the revision of the Treaties (8);

| — | the European Commission Communication on the Conference on the Future of Europe, of 17 June 2022 (9); |
| --- | --- |

—

the European Commission Communication on the Conference on the Future of Europe, of 17 June 2022 (9);

| 1. | welcomes the conclusions of the Conference on the Future of Europe (CoFoE) as endorsed by the CoFoE Plenary on 30 April 2022 and presented to the Council Presidency, to the Presidents of the European Parliament and of the European Commission on 9 May 2022, while acknowledging the challenge of an effective outreach and a genuine bottom-up approach; |
| --- | --- |

1.

| 2. | strongly supports citizens’ call for a more democratic, transparent, fair and sustainable EU and considers that it requires a prompt and effective follow-up, translating the CoFoE objectives and proposals into political initiatives and concrete actions, including through a more active inter-institutional cooperation; |
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2.

| 3. | highlights that many of the proposals made in the final CoFoE report refer to an active involvement of regions and local authorities, both in the design and the delivery of initiatives that have the potential to bring the EU closer to the citizens; |
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3.

| 4. | considers that an ambitious reform of the functioning of the EU to meet the challenges ahead and ensure greater transparency and accountability in the EU decision-making process, duly empowering citizens and local and regional authorities, requires Treaty revisions; thus welcomes the call of the European Parliament to call for a Convention by activating the procedure for the revision of the Treaties (Article 48 TEU); |
| --- | --- |

4.

| 5. | considers that the future Convention should fully involve members of the European Committee of the Regions to represent the voices of the over 1 million regionally and locally elected politicians in Europe, and this should be reflected in its composition, taking also into consideration the fact that some of these politicians represent regions with legislative powers; |
| --- | --- |

5.

| 6. | nevertheless, it regrets that many of the ideas presented in the Multilingual Digital Platform, such as those related to the official status of languages, and the response to the aspirations of sub-state entities have not been taken into consideration in the final report, despite having obtained a very significant number of endorsements; |
| --- | --- |

6.

European Democracy

| 7. | (40) (10) welcomes the fact that the CoFoE has acknowledged the multi-level nature of European representative democracy, and has proposed reforming the CoR by giving it ‘an enhanced role, in the institutional architecture, if matters with a territorial impact are concerned’. The CoR considers that this reform should lead to enhancing the scope of policy areas of territorial relevance for which its consultation becomes mandatory; this implies a review of Articles 43 (CAP/fisheries), 79 (migration) and 114 TFEU (single market general clause), as well as a review of Articles 13 TEU and 294, 300 and 307 TFEU; |
| --- | --- |

7.

| 8. | is of the opinion that in areas of mandatory consultation, the European Parliament, the European Commission and the Council of the EU should provide substantiated reasons if those opinions are not taken into account. The CoR should also be given access to the co-decision trilogues, based on a review of the Inter-institutional Agreement on Better Lawmaking; |
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8.

| 9. | (39.3) welcomes the COFE proposal suggesting changing the names of the EU institutions, to clarify their functions and respective role in the EU decision-making process for citizens; to this end, the Committee proposes to change its own name in order to better reflect the political and legal responsibilities of its members as well its role as the European assembly of regions and municipalities; |
| --- | --- |

9.

| 10. | calls for enhanced inter-institutional synergies involving the CoR in the work of the European Commission, the European Parliament and the Council of the European Union (e.g. committees, commissions and working groups) because of its ability to provide a good knowledge and better understanding of how the EU functions on the ground; |
| --- | --- |

10.

| 11. | (40, 40.2, 40.4) applauds the recognition that ‘active subsidiarity and multi-level governance are key principles and fundamental features for EU functioning and democratic accountability’, the plea for a ‘systematic use of a subsidiarity definition commonly agreed by all EU institutions’ to clarify the level — European, national, regional or local level — at which decisions have to be taken and the proposed enlargement of the subsidiarity warning mechanism ‘to all regional parliaments within the EU that have legislative power’. The CoR supports the call for national and regional parliaments with legislative power to be granted the possibility to suggest legislative initiatives at EU level in the future. These proposals should help to clarify that subsidiarity is not about preventing the European level from taking action, but about identifying which level of government should have the lead role, whether via formal exclusive powers, or via formal shared powers, with the other levels supporting the policy objectives; |
| --- | --- |

11.

| 12. | further considers that the aforementioned subsidiarity-related proposals should lead to a review of Article 5(3) TEU, of Protocol No 1 on the role of national parliaments in the EU and Protocol No 2 on the application of the principles of subsidiarity and proportionality. Such a review should encompass granting the principle of proportionality equal consideration as that for subsidiarity, giving the CoR a role in the ex-ante phase of subsidiarity monitoring, as defined above, and also applying the subsidiarity and proportionality principles to EU governance processes more often and in a better way. In the meantime, the Inter-institutional Agreement on Better Lawmaking in the EU should be adapted to already enhance the role of the CoR in the current institutional framework to help identify which level of governance should have the lead role, taking account of the CoR’s territorial impact assessments, its work on rural-proofing, and its newly enhanced Better Regulation and Active Subsidiarity governance scheme; |
| --- | --- |

12.

| 13. | (36) supports the CoFoE proposals aimed at complementing representative democracy by increasing citizens’ participation in European democracy at all levels. This should be implemented by institutionalising new forms of citizen participation at the level of the European Union through citizens’ dialogues with randomly selected citizens on specific topics. The CoR reiterates its call to set up a permanent and place-based mechanism for dialogue with citizens, supported by local and regional authorities that would ensure a two-way communication between the citizens and the EU institutions, thus leading to a better understanding of the local and regional impact of EU policies across the EU; stresses the need to guarantee that this mechanism reaches citizens from all age groups, origins and backgrounds; further emphasises that in border regions, a cross-border orientation of the dialogue is necessary to create veritable European added value; considers that streamlining existing citizens’ participation mechanisms requires amending Article 11 TEU, as well as Articles 24 and 227 TFEU; |
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13.

| 14. | commits to continuing to organise local dialogues with citizens and structured initiatives of participatory democracy that could feed into the permanent mechanism; |
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14.

| 15. | (37) welcomes the idea of communicating more actively about EU policies and politics not only in the framework of European elections but also in the context of national, regional and local elections; |
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15.

| 16. | (36.6) welcomes the CoFoE proposal to ‘create a system of local EU Councillors’ as a way to reduce the distance between the EU institutions and citizens, and commits to implementing this proposal in cooperation with the European Commission through its own fast-growing European Network of Regional and Local Councillors (11) and through the project ‘Building Europe with Local Councillors’ (12); |
| --- | --- |

16.

| 17. | looks forward to an eventual European Commission proposal to ‘help to build capacity amongst national, regional and local actors to launch a new generation of decentralised citizens’ dialogues based on deliberative approaches’ (13); |
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17.

| 18. | (39) welcomes the CoFoE proposal to improve the EU’s decision-making process in order to ensure the EU’s capability to act, especially with a view to extending the application of decision-making by qualified majority voting; |
| --- | --- |

18.

| 19. | (39.2) supports the CoFoE proposals to involve national parliaments more closely in the legislative procedure; calls for the needs of second chambers to be taken into account in this context; |
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19.

Values and rights, rule of law, security

| 20. | (25.1, 25.3) welcomes the call to ensure that the values and principles enshrined in the EU Treaties and in the EU Charter of Fundamental Rights are fully upheld in all Member States and are non-negotiable, irreversible and sine qua non conditions for EU membership and accession. Considering that the more than 80 000 local and regional governments in the EU are a fundamental level of democratic legitimacy, the CoR calls for the continuous involvement of local and regional authorities in promoting the Charter’s values and monitoring compliance with the principles associated with it. The CoR therefore believes that its participation in the inter-institutional dialogue on the Charter and the Rule of Law monitoring process is essential; |
| --- | --- |

20.

| 21. | (25.4) agrees with effectively applying and evaluating the scope of the ‘Conditionality Regulation’, considering that breaches of the rule of law principle must result in the suspension of payments or financial corrections. The Committee reiterates its conviction that ‘in the event of such measures, those beneficiaries of EU funding, including local and regional authorities, not responsible for the breaches of the rule of law should continue to receive financial support from the Member State concerned’ (14); it also welcomes the call to evaluate the other rule of law instruments and consider the necessary legal avenues to punish breaches of the rule of law principle; |
| --- | --- |

21.

| 22. | (29.2, 29.4, 29.5) applauds the call to increase and facilitate public investment in education, health, child and elderly care, work/life balance and other key areas for advancing in the implementation of the European Pillar of Social Rights and its Action Plan, thus demonstrating to citizens the social dimension of the European Union and its work to improve their quality of life; stresses the importance of ensuring a Union of Equality, in which discrimination has no place, through legal tools, policies, EU-wide criteria and other relevant instruments; |
| --- | --- |

22.

Climate Change, Energy and the Environment

| 23. | (3.1, 2.3) highlights the recognition of the role of local and regional authorities for an inclusive and just green transition; |
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23.

| 24. | shares the ambition to speed up the green transition; welcomes the push for greener cities through urban planning and construction, the use of nature-based solutions to promote biodiversity and strategies to eradicate energy and mobility poverty. In this context, underlines the importance of the involvement of local and regional authorities in the New European Bauhaus initiative; |
| --- | --- |

24.

| 25. | (3, 4.1, 4.4, 31.2) underlines the need, within the framework of a just ecological and digital transition, to take into special consideration the peripheral and insular regions, including all archipelagos and outermost regions, especially ensuring their connectivity and use of public infrastructures on an equal footing with the rest of the territories of the Union; |
| --- | --- |

25.

| 26. | (3) supports the CoFoE objective of enhancing European energy security and achieving the EU’s energy independence, leaving no region behind, providing its citizens with sufficient, affordable and sustainable energy, and calls in this context for direct access to EU funds for LRAs implementing Green Deal projects, paying special attention to regions with isolated energy systems; |
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26.

| 27. | is convinced that, in order to follow up on the CoFoE proposals, a more prominent interinstitutional cooperation should be channelled through, inter alia, the CoR’s Green Deal Going Local Working Group, the CoR communication campaign on the European Green Deal and the Multilevel Energy and Climate Dialogues; considers that the current CoR cooperation with stakeholders such as the EU Covenant of Mayors (on the Cities’ Energy Saving Sprint campaign) and other EU institutions (such as the European Commission’s Zero Pollution Stakeholder Platform) should be reinforced; |
| --- | --- |

27.

| 28. | commits to continuing to promote the role of local and regional authorities in climate and biodiversity policies through sub-national climate diplomacy actions and in the UNFCCC framework; considers that the different UN frameworks on climate, environment and SDGs should be as consistent and interconnected as possible, with a view to promoting systematic implementation and avoiding redundant planning. The CoR asks the European Commission to support the multilevel governance principle and promote a bottom-up approach in the definition of the global goal on adaptation; |
| --- | --- |

28.

| 29. | (3.8) welcomes the call for a just transition to protect workers and jobs, which requires a strong territorial component in all its dimensions, in order to assure the place-based approach according to the specific needs of the different communities. The CoR calls, in this context, for a European mechanism to support a just, clean and successful transition for the European automotive and supply industry regions by establishing a multi-level governance and partnership approach for appropriate and effective policy planning and budgetary action; |
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29.

Health

| 30. | (10.2, 10.3) welcomes the call for an enlarged EU competence on health, and calls for revising Article 4 TFEU to include health and healthcare among the shared competencies between the EU and the Member States. As stressed in the CoFoE proposals, this change should take ‘full account of the principle of subsidiarity and of the key role of local, regional and national players in health matters’; |
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30.

| 31. | (10.6, 12.15) shares the call for open access to existing treatments and for medicines across the EU to be of equal quality, and of fair local cost. The CoR stresses, in this regard, the crucial role of cross-border healthcare cooperation; |
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31.

A Stronger Economy, Social Justice and Jobs

| 32. | (11.3) expresses strong support for the CoFoE call to review the EU’s economic governance framework and the European Semester to better promote its main economic and fiscal coordination objectives alongside the just green and digital transitions, as well as social justice. The CoR echoes the CoFoE call for a stronger role for local and regional authorities, which must be implemented through a ‘Code of Conduct’ to ensure their involvement in the European Semester, modelled on the Code of Conduct for Partnership in the structural funds. Such a Code for the European Semester would improve both the efficacy of the process and its democratic legitimacy. Furthermore, the CoR calls for the explicit reintegration of the SDGs into a reformed European Semester, with a view to a place-based sustainable recovery; |
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32.

| 33. | (13, 14) shares the strong call of the CoFoE to ensure the full implementation of the European Pillar of Social Rights and its headline targets for 2030 at EU, national, regional and local levels while respecting the division of competences and the principles of subsidiarity, proportionality and the existing competences at national, regional and local level as well as the autonomy of the social partners. The CoR also supports the CoFoE proposal of including a Social Progress Protocol in the Treaties, which would imply reviewing Article 3 TEU as well as Articles 9, 151, 152/157 TFEU; |
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33.

| 34. | (15) insists that the demographic transition should be dealt with urgently and efficiently. Further stresses the dangers for the economy, and for democracy as a whole, of the rising social, economic, territorial, and digital inequalities, leading inter alia to brain drain, and thus emphasises the need to increase the attractiveness of depopulated, ageing regions via investment and support, in particular for young people and families; the CoR also underlines the need to pay attention to those regions with population imbalances derived from high population densities, especially in peripheral and insular areas, which are very vulnerable to high human pressure and with public infrastructure management difficulties; |
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34.

| 35. | underlines the several references in the CoFoE report to the need for more cohesion, and highlights the role of cohesion as an overall value of the EU and the ‘do no harm to cohesion’ principle recently put forward in the 8th Cohesion Report. The CoR sees the need for close cooperation between the CoR (and its Cohesion Alliance) and the EU institutions to put the principle into practice in future EU policy-making and in the 2021-2027 cohesion policy programming period; |
| --- | --- |

35.

| 36. | (12) strongly supports the call for the strengthening of cross-border cooperation in order to enhance the cohesion and resilience of border regions, and supports the reference to the European Cross Border Mechanism Regulation, which has the potential to significantly improve cross-border cooperation and the livelihoods of citizens living in border regions. The CoR, however, regrets the lack of proposals related to the problems border regions face on a daily basis, and refers to its 2021 Resolution ‘Vision for Europe — Future of Cross-Border Cooperation’, which outlines a number of proposals to support border regions and improve cross-border cooperation in general; |
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36.

| 37. | regrets the lack of proposals regarding the regions that suffer from severe and permanent natural handicaps, such as islands — including archipelagos and outermost regions — or mountain regions, which require specific support from the EU and a thorough impact assessment of policies in order to ensure their development under conditions equal to those for the rest of the territories of the European Union; |
| --- | --- |

37.

Digital Transformation

| 38. | (4.4, 12.14, 31) welcomes the recognition by the CoFoE of digital cohesion as complementary to economic, social and territorial cohesion, and recommends the mainstreaming of digital cohesion across European Union policies and calls for Article 175 TFEU to be reviewed accordingly. The CoR further underlines the persistent issue with availability of data on digital transformation at sub-national level, and therefore will continue to develop and implement, together with the European Commission, a system of measuring digital maturity at local and regional level; |
| --- | --- |

38.

Migration

| 39. | (43.2) highlights the vital role that municipalities and regions play in successfully integrating migrants and refugees, and calls for a greater focus on integration policies in EU-level discussions about migration. The CoR strongly supports the CoFoE proposal to increase EU financial, logistical and operational support, including for local authorities, regional governments and civil society organisations, for the management of the first reception of migrants and asylum seekers, including dedicated support for the reception of unaccompanied migrant minors, which would lead to the effective integration of refugees and regular migrants in the EU or the repatriation of irregular migrants; points out that Article 79(4) TFEU ought to be amended in this sense to enable incentives and support not only for the action of the Member States, but also, in full respect of the principle of subsidiarity, for their local and regional authorities, with a view to promoting the integration of third-country nationals residing legally in their territories, irrespective of their country of origin; |
| --- | --- |

39.

| 40. | (44.2) agrees with the CoFoE proposal to revise the Dublin system in order to guarantee solidarity and the fair sharing of responsibility among Member States, coordinated at European level and helping to alleviate migratory pressure on the EU’s frontline regions; |
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40.

Education, culture, youth and sport

| 41. | welcomes the CoFoE proposals concerning the importance of education as a means of promoting active European citizenship. In this context, is committed to developing its pilot project on Promoting European Values through Education and Culture, including mapping the best practices at local and regional level throughout the EU. The CoR values the CoFoE proposals aimed at coordinating the level of all different education programmes in the EU, with acceptance of the national, regional and local contents; |
| --- | --- |

41.

| 42. | (47.7) welcomes the call for special efforts to avoid brain drain from certain regions and countries within the EU due to insufficient opportunities being available, especially for young people. To this end, supports the plea of the CoFoE for more decisive action for job security, quality and fair remuneration of jobs and traineeships, equal access to social protection and affordable housing opportunities for young people (especially those from vulnerable groups). These measures should be aimed at closing the existing territorial gaps in youth opportunities in life and wellbeing in the EU; |
| --- | --- |

42.

| 43. | welcomes the many references to research and innovation in the CoFoE report and underlines the need to close the innovation divide and to combine place-based innovation strategies with territorial missions, as recently done with the Pilot Action on Regional Innovation; |
| --- | --- |

43.

| 44. | (36.9) supports the introduction of a ‘youth check of legislation’, which should consist of a youth focused impact assessment mechanism applicable to EU legislation and policies in areas relevant for young people. This mechanism should be aimed at better taking into account long-term interests and the need for the active participation of young people in EU decision-making, and should measure the positive impact of European legislative proposals on the lives of young people. Against this background, the CoR points to its contribution to this endeavour through the CoR network of Young Elected Politicians (YEPs) and the co-drafting of a European Charter for Youth and Democracy together with the European Youth Forum; |
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44.

| 45. | (48.2) welcomes citizens’ expectations towards the promotion and protection of European diversity; in that respect, shares the CoFoE recommendations on promoting multilingualism and regional languages, and underlines that minority and regional languages, which are the mother tongues of many Europeans and valuable cultural heritage, require additional attention and protection; |
| --- | --- |

45.

EU in the World

| 46. | (25.1, 38.1) welcomes the call for the EU institutions to act as ‘ambassadors of our democratic model’ in other countries, emphasising that it encapsulates in essence what the CoR has been doing for a number of years in its cooperation with the candidate countries, potential candidates and partner countries from the EU’s Eastern and Southern Neighbourhoods; |
| --- | --- |

46.

| 47. | considers that the reconstruction of Ukraine will be one of the most challenging processes for the EU and its international partners. In this context, the CoR points to its initiative of establishing an Alliance of Cities and Regions for the Reconstruction of Ukraine bringing together local and regional authorities in Europe and in Ukraine, with a view to giving self-government a pivotal role in the reconstruction strategic planning, further implementing the devolution process and multi-level governance in Ukraine and improving good local/regional governance, including through facilitating peer-to-peer cooperation; |
| --- | --- |

47.

| 48. | instructs its President to forward this Resolution to the European Commission, the European Parliament, the French, Czech and Swedish Presidencies of the Council of the EU and the President of the European Council. |
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48.

Brussels, 30 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

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(1)  COR-2020-00192-00-00-RES-TRA.

1

(2)  COR-2021-01674-00-00-RES-TRA.

2

(3)  COR-2021-06503-00-00-RES-TRA.

3

(4)  The Marseille Manifesto of local and regional leaders: ‘Europe starts in its regions, cities and villages’.

4

(5)  20220509RES29121.pdf (europa.eu).

5

(6)  2022/2648(RSP).

6

(7)  https://cor.europa.eu/en/news/Pages/Report-of-the-High-Level-Group-on-European-Democracy.aspx

7

(8)  2022/2705(RSP).

8

(9)  COM(2022) 404 final.

9

(10)  The numbers in bold and in brackets at the beginning of various points correspond to the CoFoE Plenary proposals and measures, included in the Report on the final outcome of the Conference on the Future of Europe of 9 May 2022.

10

(11)  https://cor.europa.eu/en/engage/Pages/Network-of-Regional-and-Local-EU-Councillors.aspx

11

(12)  https://building-europe-with-local-councillors.europa.eu/index_en

12

(13)  COM(2022) 404 final.

13

(14)  Resolution on the contribution of local and regional authorities to the Conference on the Future of Europe (COR-2021-06503).

14

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OPINIONS

Committee of the Regions

150th CoR plenary session, 29.6.2022–30.6.2022

| 30.9.2022 | EN | Official Journal of the European Union | C 375/15 |
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30.9.2022

EN

Official Journal of the European Union

C 375/15

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Opinion of the European Committee of the Regions on ‘The new EU Arctic strategy’

(2022/C 375/03)

| Rapporteur: | Mirja VEHKAPERÄ (FI/RE) |
| --- | --- |
| Reference document: | JOIN(2021) 27 final |

Rapporteur:

Mirja VEHKAPERÄ (FI/RE)

Reference document:

JOIN(2021) 27 final

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | commends the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy on their joint communication of 13 October 2021, demonstrating the EU's long-standing commitment to the development of and cooperation on the Arctic. Welcomes the objectives, priorities and actions set out in that communication which are intended to ensure a peaceful, sustainable and prosperous Arctic. Recognises that the challenges facing the Arctic require joint, multilevel efforts at local, regional and international level; |
| --- | --- |

1.

| 2. | agrees that the Arctic is a key strategic area for the European Union in terms of climate change, raw materials and geostrategic issues; notes that there is growing interest in the Arctic, including from non-Arctic states; |
| --- | --- |

2.

| 3. | points out that the geographical definition of the Arctic region is not clear. The area situated north of the Arctic Circle can be considered to be the core of the Arctic. It includes the Arctic ocean and territories belonging to eight States: Canada, Finland, Iceland, Norway, Sweden, Denmark, the United States and the Russian Federation; |
| --- | --- |

3.

| 4. | notes that areas included in the stretch of land covered by this opinion include areas located immediately to the south of the Arctic Circle, where environmental and socio-economic conditions and infrastructure development are undeniably and significantly affected by Arctic conditions; |
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4.

| 5. | points out that there is not one Arctic but rather a very large and heterogeneous region: some areas are remote with extreme natural conditions, a fragile environment and low population density, while others are highly developed, urbanised regions with strong skills, a highly educated population and strong innovation capacity, such as the EU Arctic region; |
| --- | --- |

5.

| 6. | notes that the Arctic is home to millions of people, with the number depending on how the area is defined. Some four million inhabitants, live in the area located north of the Arctic Circle. There are several nationalities and more than 40 different indigenous peoples. A significant proportion of the region’s population are EU citizens; |
| --- | --- |

6.

| 7. | notes that the transformation of the Arctic is affected by environmental, social, cultural, economic political and security changes that are interlinked. These changes are dynamic, rapid and deep, and increasingly linked to regional, European and global development; |
| --- | --- |

7.

| 8. | underlines that, even before Russia’s invasion of Ukraine, military activities have increased significantly in many areas of the Arctic, in particular with the strengthening of military capabilities in the Russian Arctic; |
| --- | --- |

8.

Safe, stable and peaceful Arctic

| 9. | strongly condemns the unprovoked, unjustified and unlawful military invasion of Ukraine by Russia and expresses its concern about the geopolitical change this brings to the European security order and the spill-over effects on the Arctic; |
| --- | --- |

9.

| 10. | stresses the need to do everything possible in terms of international cooperation to ensure that the Arctic remains safe, stable and peaceful, and stresses the importance of maintaining, supporting and promoting peaceful cooperation in the Arctic region through a number of existing cooperation structures, first and foremost the Arctic Council as the pre-eminent format for circumpolar Arctic cooperation, at both people-to-people and intergovernmental level. With a view to stability, the EU must also recognise the role and potential of international non-governmental cooperation frameworks at local and regional level, such as the Arctic Mayors Forum, the NSPA, the Northern Forum the Arctic Economic Council and UArctic, in promoting dialogue in support of stability; these subnational frameworks can bring significant added value by providing results on tangible projects and bringing together partners less constrained by high-level political developments; calls on the EU institutions to partner and work with them; |
| --- | --- |

10.

| 11. | considers it important that the Barents Euro-Arctic Council and the Barents Regional Council continue to promote sustainable development in the Barents region; EU cooperation in the Baltic Sea region is also linked to the Arctic cooperation package; |
| --- | --- |

11.

| 12. | stresses the enduring value of the Arctic Council and reiterates support for this institution and its work, which has a responsibility to the people of the Arctic, including the indigenous peoples. The core principles of sovereignty and territorial integrity, based on international law, have long underpinned the work of the Arctic Council. After Russia’s violation of these principles, the work of the Arctic Council is temporarily on hold. Thought must be given to how the Council can continue its important work in view of the current circumstances; reiterates the call it has been making for twenty-one years to award the European Union ‘observer’ status in the Arctic Council; |
| --- | --- |

12.

| 13. | recognises the importance of enhancing cross-border and international cooperation in the Arctic civil protection area, as well as different types of crisis management; |
| --- | --- |

13.

Climate change

| 14. | agrees with the European Commission that climate change is the main threat to the Arctic. Temperatures rising three times faster than in the rest of the world, melting ice and thawing permafrost have huge knock-on effects throughout Europe and the whole planet; |
| --- | --- |

14.

| 15. | encourages the EU to take a leading role in Arctic climate action but underlines the importance of addressing Arctic climate change and adaptation from a broad perspective as part of the region’s socio-economic development. Long-term climate policies in the Arctic must be economically, socially and regionally just, so that their implementation is effective and publically acceptable. This means that support must be given to the regions, sectors and workers most affected by change; |
| --- | --- |

15.

| 16. | highlights the serious impact that climate change in the Arctic will have on cities and regions throughout Europe, through rising sea levels, for example, which will make several coastal areas uninhabitable, or through modified oceanic currents and precipitation patterns. Fighting climate change and protecting the environment in the Arctic are the absolute priority. The EU should intensify EU research into the Arctic’s climate change; |
| --- | --- |

16.

| 17. | underlines the EU’s commitment to making the Arctic region a sustainable and prosperous area, which links the EU’s commitment to the Arctic closely to the EU’s Green Deal and its blue economy; |
| --- | --- |

17.

| 18. | considers that thought must be given to how to implement the Green Deal and the Fit for 55 climate package, taking into account the specific features of the EU Arctic region in order to ensure equal treatment. For example, the specific conditions of winter shipping in the Arctic must be considered in the context of emissions trading; |
| --- | --- |

18.

| 19. | considers that any activity in the Arctic must be based on nature’s resistance, the protection of the climate and the principles of sustainable development and respect for the rights of all people living in the region. Economic interests and sustainable economic activity can be tackled from this perspective; following the Arctic Investment Protocol guidelines for responsible investment in the Arctic; |
| --- | --- |

19.

People’s Arctic

| 20. | fully agrees with the European Commission that people living in the Arctic are the key priority for sustainable development and resilient societies, and highlights the demographic challenges and the fact that a sustainable way forward needs inclusive dialogue and meaningful participation in decision making at all levels; |
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20.

| 21. | highlights the role played by the Arctic cities, which are key players in development and adaptation to the changing context. Investments in sustainable urban infrastructure, transport, digitalisation, waste management, the circular economy and energy-efficient solutions, on the one hand, and social investments in fields such as education and health, on the other hand, contribute to creating a high-quality and attractive living environment, new businesses, etc. Cities are also important for keeping the Arctic, vibrant, competitive and inhabited, acknowledging that an inhabited Arctic strengthens security; |
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21.

| 22. | The CoR therefore calls on the European Commission to support, partner and work closely with Arctic cities, in particular with the Arctic Mayors Forum, which brings together representatives of local governments from eight Arctic EU and non-EU countries; on a number of specific projects and areas, such as climate neutrality and energy efficiency, urban planning, an inclusive society, jobs, skills and talent attraction and healthy and smart cities. Underlines that the Arctic Mayors Forum is an instrument of soft diplomacy, which should be given observer status in the Arctic Council to represent all Arctic communities, including indigenous communities. Believes that the Arctic Mayors Forum should become a partner of the EU institutions in its multilevel dialogue and policymaking on the future of the Arctic and calls on the. European Commission to reflect on concrete ways of achieving this goal; |
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22.

| 23. | suggests that the European Commission, jointly with the Arctic Mayors Forum, design an Arctic Urban Agenda for sustainable, prosperous, attractive, and vibrant Arctic cities fit for the future and allocate adequate resources to the agenda’s implementation. The European Commission could also draft an action plan to propose concrete ideas on how to further involve the AMF in its work; |
| --- | --- |

23.

| 24. | points out that a smart, modern rural policy and urban-rural cooperation are required in the Arctic to stem the flow of resources from rural areas and strengthen competence development and living conditions in rural Arctic areas; |
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24.

| 25. | points out that the Arctic cultural and creative industries, together with the tourism sector, have international growth potential, providing jobs and making the region more attractive, for example, for women and young people. EU support for the development of the industry is paramount. It is worth noting that Umeå (Sweden, 2014), Bodø (Norway, 2024) and Oulu (Finland, 2026) have been selected as European Capitals of Culture; |
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25.

| 26. | stresses the importance of promoting dialogue among young people and involving young people in the design and implementation of the EU strategy and calls on the European Commission to invest in young people, education and student mobility and exchange programmes, including virtual exchanges; calls on the European Commission to actively promote the EU Arctic region as part of the DiscoverEU programme, as remote and less-populated regions are often overlooked in this process; |
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26.

| 27. | notes that, in light of the UN Declaration on the Rights of Indigenous Peoples, the EU institutions must negotiate with indigenous peoples in the region through their own representative bodies on any action that may affect indigenous peoples; in this regard, the EU should support the objective of establishing a delegation of the Sami people in Brussels initiated by the Sami Council; |
| --- | --- |

27.

| 28. | considers it necessary to strengthen awareness and know-how within the European Commission and other institutions on the specific status and needs of all Arctic indigenous peoples; |
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28.

A sustainable and resilient Arctic economic model

| 29. | considers that thought must be given to how to implement the Green Deal and the Fit for 55 climate package taking into account the specific features of the EU Arctic region in order to ensure equal treatment, taking into account, the specific natural circumstances from the Arctic region; |
| --- | --- |

29.

| 30. | stresses that the sustainable development of the Arctic region must be based on its territorial strengths and long-term joint planning. The potential of green growth in the EU Arctic region must be supported, based on a place-based approach, the unique know-how of its people, cities, regions and natural resources. Multilevel governance, dialogue and mutual respect are building blocks for achieving sustainable use of resources and new businesses that ensure employment and value creation; |
| --- | --- |

30.

| 31. | notes that the Arctic can provide Europe with knowledge, products, resources and energy which are crucial for achieving the EU’s climate goals. The EU’s strong industries based on natural resources in the Arctic include energy production, tourism, mining, forestry, bio-economy and fisheries; the region’s strong ICT capacity supports the transition; calls on the EU to support the transition of those industries to becoming sustainable sectors. Smart specialisation can provide a framework for turning vulnerabilities into opportunities; |
| --- | --- |

31.

| 32. | stresses that the sustainable development of the Arctic must primarily benefit local communities. Recognises the importance of EU access to the critical raw materials necessary for the green transition, but notes that their exploitation would have considerable implications for the economies, environment and inhabitants of Arctic States; |
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32.

| 33. | notes that with more than 70 % of the land surface covered by forests, the northern regions of Sweden, Finland and Norway are some of the most forest-dense regions in Europe, and some of the world’s largest exporters of forestry products. The forest sector in the Arctic region affects the lives of Arctic peoples in many ways, being a source of prosperity and business as well as recreation and outdoor life; forests also play a crucial role in mitigating climate change; and the New EU Forest Strategy for 2030 should be the guiding principle to improve the quantity and quality of EU forests, however, northern forest-dense regions require support and investment to foster a bio-based economy and a green, modern and sustainable forestry that respect specific regional characteristics; |
| --- | --- |

33.

| 34. | considers that the Arctic needs to actively promote business activities that create jobs for the future. According to an estimate published in early 2022, the EU Arctic region has an investment potential of around EUR 150 billion by 2030, a large part of which is linked to delivering on the green transition. Emphasis is placed on investments in carbon-neutral steel, battery manufacturing and mineral extraction. In the energy sector, the focus is on wind energy generation; |
| --- | --- |

34.

| 35. | stresses that the energy transition is key to the fight against climate change; new ways of producing and consuming energy are needed. The EU must focus its efforts on modernising the Arctic energy sector in order to reduce reliance on fossil fuels and strengthen the EU’s energy independence. Imported fossil energy makes the region vulnerable to geopolitics and global markets; acknowledging that the short-term solution to EU’s energy dependence lies in the North; |
| --- | --- |

35.

| 36. | stresses that in the Arctic, with energy production, energy-intensive industries and a challenging environment for sustainable transport and infrastructure, it is essential to ensure a fair energy transition and adaptation from the perspective of the region’s population and industry. Investments should include renewable energies, energy technologies and future energy solutions, such as renewable hydrogen and battery clusters, decentralised energy production, heat recovery and digitalisation of the energy sector; |
| --- | --- |

36.

| 37. | points out that the growing demand for raw materials caused by the electrification of society will put pressure on sustainable mining and processing in the Arctic. The Arctic region has a vast reserve of rare-earth minerals, which would help the EU to reduce its dependency on China, which currently produces 90 % of these minerals. The EU should ensure that the Arctic plays a key role in the European Raw Materials Alliance, while also protecting the Arctic’s nature, despite the EU’s interests in mining and raw material opportunities. European Arctic actors have world-leading skills in sustainable industries and processing throughout the value chain. The Arctic Council should take note of this; |
| --- | --- |

37.

| 38. | stresses the need to target EU funding to support and ensure sustainability of investments in the Arctic and to strike a balance between responsible development of natural resources and environmental protection, in order to fully unlock the potential and transformative power of the Arctic as a driver of the EU’s green, blue and digital transformation; |
| --- | --- |

38.

Education and research

| 39. | notes that high-quality research and access to education are key prerequisites for the vitality and attractiveness of the Arctic; highlights that one of the biggest challenges for the Arctic region is brain drain, either of educated people leaving the area or of people leaving for education and not returning afterwards; calls on local and regional authorities to cooperate and exchange best-practice examples on how to tackle this challenge; |
| --- | --- |

39.

| 40. | highlights the need to involve regional education and research institutions and their networks in Arctic research policy formulation and to interpret Arctic research as covering all research activities that contribute to sustainable development and benefit the people of the Arctic, and not solely as polar research. The establishment of the Arctic innovation ecosystem, based on smart specialisation strategies, should contribute to the regional development of the EU Arctic region and lead to further innovation and cooperation opportunities; |
| --- | --- |

40.

| 41. | calls for sufficient resources to be made available to achieve the objectives. The Arctic should be identified as a cross-cutting theme across different funding programmes and synergies between programmes should be promoted. In addition to Horizon Europe and Erasmus+, relevant instruments include those with a regional base such as the European Structural and Investment Funds and territorial cooperation programmes; |
| --- | --- |

41.

Connectivity

| 42. | considers that the green industrial transition must be matched by rapid development of green modes of transport, subsidising the shift from fossil fuels to modes such as electric and hydrogen-powered transport; points out that in the Arctic, air transport security is also essential. Electric aircraft are a sustainable alternative; |
| --- | --- |

42.

| 43. | welcomes the extension of the TEN-T corridor in the EU Arctic and stresses the importance of strengthening transport links, both north-south and east-west, in order to interconnect the regions connected to the EU transport networks in northern Norway, Sweden and Finland and to enable connections to the Arctic ocean. Considers that the TEN-T regulations must take better account of the specific features of the Arctic, such as long distances, winter shipping and sparse population, in order to support the development of strategically important transport hubs in the Arctic; |
| --- | --- |

43.

| 44. | notes that investment in infrastructure and transport in the Arctic region is reflected in the wider region and contributes to the region’s operating conditions and competitiveness, including in terms of social development, industry and security of supply from an European perspective; |
| --- | --- |

44.

| 45. | is concerned at the increased interest of third countries in the region, such as China’s growing interest in the ownership of critical infrastructure, submarine cable construction and global shipping; considers it of the utmost importance that the EU play its role as an investor in the region, so that large-scale projects in the Arctic by third parties can be avoided; |
| --- | --- |

45.

| 46. | stresses that the EU’s commitment to correcting digital imbalances in the Arctic areas is crucial. The widespread adoption of high-speed fifth- and sixth-generation mobile technologies in the Arctic requires the European Union to invest in strengthening backbone connections and satellite technologies in Finland, Sweden and Norway. The low latency needed for security and telemedicine solutions, for example, requires efficient backbone connections in the Arctic. Securing the safety and international competitiveness of Europe’s Arctic peripheral regions and strengthening digitalisation go hand in hand. Terrestrial solutions may also be possible, meaning that it is important to identify a combination of suitable technologies able to create stable, reliable and inexpensive connectivity. When developing new digital opportunities and services, consultation with different groups is crucial to ensure that the new solutions meet users’ needs. In addition, connectivity also plays an important role in promoting safety and sustainable development; |
| --- | --- |

46.

More EU in the Arctic, more Arctic in the EU

| 47. | encourages the European Commission to move forwards with its proposal to set up a one-stop shop to pool tools and funding for the development of the Arctic; |
| --- | --- |

47.

| 48. | call on the current and future Council presidencies to ensure that Arctic issues are high on the EU agenda; |
| --- | --- |

48.

| 49. | calls on the European Commission and the European External Action Service (EEAS) to dedicate sufficient resources to the implementation of EU Arctic policy. Recognises the need to enhance intra-EU coordination and cooperation on Arctic issues at all levels of decision making, and to ensure that local and regional authorities are fully involved in multilevel governance, the implementation of the EU strategy and the EU funding instruments; |
| --- | --- |

49.

| 50. | calls on the European Commission and the EEAS to organise the Arctic Stakeholder Forum and the Indigenous Peoples’ Dialogue in the EU Arctic in partnership with regional and local actors, paying greater attention to giving young people a voice in the future. In order to ensure continuity of the dialogue, the European Committee of the Regions encourages representatives of the EU institutions to step up their participation in Arctic policy-related events and meetings in the region; |
| --- | --- |

50.

| 51. | call on the European Commission to consider setting up an Advisory Forum tasked with overseeing the implementation of EU Arctic policy. The Forum would bring together key stakeholders, including regional and local authorities. |
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51.

| 52. | notes that the publication of a new EU Arctic policy, at the same time as the start of the new 2021-2027 EU programming period, is a major opportunity to implement the policy successfully. Welcomes the existence of various funding instruments, under the ERDF and ETC programmes in particular, but regrets that small organisations often lack the administrative and financial capacity to benefit from them fully. EU funding instruments in the Arctic should be adapted to the specific territorial needs and capacities of the Arctic, including the needs of indigenous people; |
| --- | --- |

52.

| 53. | notes that EU cohesion policy programmes and in particular cross-border Interreg programmes provide an important framework for people-to-people contacts across borders, considering the specific characteristics of the Arctic. However, there should be more opportunities to engage partners from non-EU Arctic countries to promote circumpolar collaboration and north-north mobility and collaboration; |
| --- | --- |

53.

| 54. | lastly, notes that the Arctic region will continue to be strategically important for the EU in the coming decades and that the EU will need to keep moving forward, with greater multilateral cooperation and multilevel governance engaging Arctic people, in order to overcome the challenges posed by the Arctic region’s geopolitical position, natural environment and specific socio-economic conditions and tap its full potential for the green, blue and digital transitions. |
| --- | --- |

54.

Brussels, 29 June 2022

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

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| 30.9.2022 | EN | Official Journal of the European Union | C 375/21 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/21

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Opinion of the European Committee of the Regions — Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030)

(2022/C 375/04)

| Rapporteur: | János Ádám KARÁCSONY (HU/ECR) Vice-President of the County Council of Pest Megye |
| --- | --- |
| Reference document: | Communication from the Commission on the EU Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030)
  COM(2021) 615 final |

Rapporteur:

János Ádám KARÁCSONY (HU/ECR) Vice-President of the County Council of Pest Megye

Reference document:

Communication from the Commission on the EU Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030)

COM(2021) 615 final

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | welcomes the communication of the EU Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030), and agrees with the European Commission that the fight against antisemitism is a complex challenge, as antisemitism poses a threat to the fundamental European values. Through active involvement, the European Committee of the Regions could contribute to the European Commission’s EU Strategy on Combating Antisemitism and Fostering Jewish Life (2021-2030) by ensuring that local and regional authorities are involved in its implementation. Believes that an EU without antisemitism must be the common goal of all local and regional authorities in the EU; |
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1.

| 2. | is concerned about the findings of the second survey on discrimination and hate crime against Jews in the EU, Experiences and perceptions of antisemitism, 2018 produced by the European Union Agency for Fundamental Rights (FRA), which confirmed that nine out of ten Jews believe that antisemitism has increased in their country, and that 85 % of Jews consider antisemitism to be a serious problem; |
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2.

| 3. | welcomes the fact that the Commission’s strategy is based on a wide consultation with relevant stakeholders, including national and regional authorities, Jewish communities and organisations, independent experts and researchers, the FRA, and international organisations and other stakeholders; |
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3.

| 4. | stresses that Jewish culture is an integral part of European culture, and that Jewish cultural heritage must be both protected and promoted in EU cities and regions in a way that drives Europeans to value and consider Jewish cultural heritage a vital part of Europe’s culture and way of life. It must draw attention to the millennia of Jewish life traditions and to the countless important contributions made by people of Jewish belief or background to our shared society and culture. In this regard, believes that it is important to step up cooperation between regions and civil society; |
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4.

| 5. | welcomes the Commission’s reaffirmation of its firm and unequivocal commitment to the global fight against antisemitism. Agrees that any form of antisemitism, incitement to hatred or violence is unacceptable and incompatible with the values and aims of the European Union and its Member States. These principles are non-negotiable. In light of the above, it is essential that all international, national and subnational authorities mainstream the prevention and countering of antisemitism in all its forms and across all policy areas; |
| --- | --- |

5.

| 6. | welcomes the Commission’s commitment to engaging in regular dialogue with the European Parliament and with the Member States’ national parliaments to encourage firm action on combating antisemitism and fostering Jewish life, and adds that extending the invitation to regional actors would further enhance the strategy’s efficiency; |
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6.

| 7. | deems appropriate the strategy’s conclusion that all forms of hatred undermine human value and are incompatible with the values for which the EU stands. While welcoming that this strategy is part of the Commission’s efforts on combating all forms of hatred, discrimination, and racism, believes that it is necessary to go a step further and announce an antisemitism zero-tolerance principle; |
| --- | --- |

7.

| 8. | recalls that based on article 17 TFEU the European Union needs to have an open, transparent and regular dialogue with churches, religious associations, and non-confessional organisations and that such a dialogue should also be developed by the Committee; |
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8.

Preventing and combating all forms of antisemitism

| 9. | deems appropriate the strategy’s conclusion that the most common manifestations of antisemitism today include Israel-related antisemitism, which are most commonly encountered online by Jews in Europe (1); |
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9.

| 10. | fully supports the notion that it should become standard practice for Member States and their authorities to use the definition of antisemitism provided by the International Holocaust Remembrance Alliance (IHRA) to help them identify antisemitic patterns and various manifestations of antisemitism. Recognising an act as antisemitic and naming it as such creates trust in the authorities and the courts, and makes people more willing to report crimes motivated by antisemitism; |
| --- | --- |

10.

| 11. | in accordance with the aforementioned definition: a.) antisemitic acts should be considered criminal offences when they are so defined by law (for example, denial of the Holocaust or distribution of antisemitic materials). Applying particularly hurtful or harmful terminology (Holocaust, genocide, apartheid) cannot be accepted as legitimate criticisms of Jewish groups or of the general aims or behaviours of the Jewish state; b.) criminal acts should be considered antisemitic when the targets of attacks, whether they are people or property — such as buildings, schools, places of worship and cemeteries — are selected because they are, or are perceived to be, Jewish or linked to Jews; c.) antisemitic discrimination and denying Jews opportunities and services available to others should be prosecuted and punished; |
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11.

| 12. | welcomes the fact that Member States have endorsed the strategy and have already made the commitment to tackle antisemitism preventively and combat it using national strategies, and to counter other forms of discrimination, such as racism and xenophobia, and extremism. One such example is the Union of equality: EU anti-racism action plan 2020-2025, on which the Committee of the Regions has also issued an opinion (2); |
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12.

| 13. | approves of the strategy’s statement that the key to success is the reinforced involvement of civil society organisations and Jewish communities, enhancing active collaboration with these entities and providing financial support for their initiatives through existing EU funding programmes, assigning specific funds to implement these goals; |
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13.

| 14. | welcomes the Commission’s commitment to supporting organisations and projects to combat and record all forms of antisemitism through the funding of the EUR 1,55 billion Citizens, Equality, Rights and Values (CERV) programme (3), as well as a wide variety of other EU programmes (4), thus addressing the transversal nature of antisemitism through tackling antijudaism and fight against questioning the legitimacy of the State of Israel, as well as attaching sufficient attention to Holocaust remembrance; |
| --- | --- |

14.

| 15. | advocates, as a way of building trust in state action, appointing contact persons in national and regional security services and establishing communication channels and coordinated measures, particularly in the event of a crisis; |
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15.

| 16. | welcomes the Commission’s decision to formalise the ad hoc Working Group on combating antisemitism as a permanent structure in order to support implementing the strategy and to help coordinate the endeavours of Member States, Jewish communities’ representatives, and other stakeholders. Calls on the Commission to pay special attention to the complexity of European Jewish communities when choosing the working group representatives, to ensure that all denominations and religious movements are equally represented; |
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16.

| 17. | is concerned about the fact that 44 % of young Jewish Europeans have experienced antisemitic harassment (5) and believes that there is a very urgent need to explicitly combat antisemitic hate speech and hate crimes, as well as violent extremism and terrorism against Jews. Expresses deep concern over a survey conducted by the Fundamental Rights Agency on Jewish people’s experiences of hate crimes in 12 Member States of the Union, according to which 35 % of respondents have already been confronted with the statement that ‘Jews exploit the victimhood of the Holocaust for their own purposes’ (6), while 53 % of Europeans feel that Holocaust denial is a problem in their country (7). With this in mind, the Committee urges for the swift adoption of the European Commission proposal to extend the list of EU crimes to hate speech and hate crime, which would allow establishing EU-wide minimum rules for the definition of criminal offences and sanctions; |
| --- | --- |

17.

| 18. | agrees with the Commission that when implementing the strategy, both Member States and local and regional entities have a particularly important role to play when it comes to combating antisemitism and fostering Jewish life. Commits itself to focusing more on the issue of antisemitism in the future in order to contribute to the implementation of the EU strategy on combating antisemitism and to promoting the exchange of good practices; |
| --- | --- |

18.

| 19. | welcomes the Commission’s European judicial training strategy for 2021-2024 to support training programmes and capacity-building activities on tackling antisemitism for justice and law enforcement professionals, including through the European Judicial Training Network (EJTN) and the EU Agency for Law Enforcement Training (CEPOL). Awareness raising about antisemitism and adequate training should also be available to local and regional authorities; |
| --- | --- |

19.

| 20. | underlines that it is particularly important that comparable data concerning expressions of antisemitism be compiled in the Member States, and that the methodology and the setting up of data collecting procedures be supported by targeted funds and programmes; |
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20.

| 21. | agrees with the Commission that combating antisemitism online deserves more attention. Points out that antisemitic conspiracy myths, Nazi-related symbols, memorabilia and literature, and their spread online can lead to radicalisation and, ultimately, physical violence. Because of this, the specific obligations for operators which are set out in their behaviour codex, the Digital Services Act and the Digital Markets Act, are particularly important; |
| --- | --- |

21.

| 22. | highlights the importance of paying more attention to how to deal with illegal content on social media platforms. Law enforcement, judiciary, and judicial civil procedures play a crucial role in achieving this. Statements made online or on social media that constitute a criminal offence should be consistently prosecuted, hence the Committee considers it necessary to strengthen EU and national legislations on this matter. It therefore urges Member States to swiftly and fully transpose and implement the Framework Decision on combating racism and xenophobia (8); |
| --- | --- |

22.

Protecting and fostering Jewish life in the EU

| 23. | welcomes the Commission’s determination to support Member States and Jewish communities in strengthening the protecion of synagogues and places of worship with EUR 24 million funding, and draws attention to the fact that the unified data collected on incidents could support the Commision, together with the European Union Intelligence and Situation Centre, to explore the specific threats to Jewish people, communities and places of worship in order to better understand, prevent, protect and respond to specific security risks; |
| --- | --- |

23.

| 24. | highlights the fact that despite the long-standing presence of Jews in Europe, 68 % of Europeans say that they are ‘not informed’ about Jewish history (9). Believes that increasing awareness and knowledge of Jewish history, religion and culture among young students needs to be a priority. The quality of teaching materials and teaching manuals is of particular importance here. It is essential to dismantle societal prejudices and to help promote full recognition that Jewish life is a part of European society; |
| --- | --- |

24.

| 25. | welcomes the Commission’s recognition of the important role that sports and the media play in promoting inclusion, and points out that in addition to NGO initiatives, the active involvement of Jewish organisations and support through targeted programmes can be more effective in combating antisemitic stereotypes and misconceptions; |
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25.

| 26. | welcomes the European framework for action on cultural heritage (10) (which includes a specific measure on Jewish cemeteries in Europe), but also draws attention to the fact that there are numerous abandoned synagogues and other orphaned Jewish community sites in Europe. In addition to regional aid, further programmes would be needed to strengthen Europe's cultural roots by restoring these important places and protecting them from vandalism; |
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26.

| 27. | welcomes the Commission’s commitment to education and research on Jewish life, antisemitism, and the Holocaust, and the acknowledgement that they are essential to understanding antisemitism today and to preventing such atrocities from ever happening again. Nevertheless, the limited scope of the OSCE (11)/ODIHR (12) and UNESCO (13) programmes in some Member States needs to be strengthened; |
| --- | --- |

27.

Education, research and Holocaust remembrance

| 28. | welcomes the Commission’s plan to fund an EU-wide survey on antisemitic prejudices all over the European Union, building also on the experience of numerous Member States (14), as well as local and regional authorities across the EU; |
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28.

| 29. | emphasises that although education falls within the competences of the Member States, it is necessary to review educational material on Judaism, antisemitism, the Holocaust, and modern-day Israel used in European educational institutions. It should be borne in mind that such material should be in full compliance with the UNESCO standards of peace, tolerance, coexistence and non-violence. What is more, EU funds should be granted to financing textbooks which fulfil all the above mentioned UNESCO standards. Appropriate training of teachers at all levels of education, to address anti-Semitism and counter prejudice in and through education, is essential (15). Sharing of best practices among education and training practitioners as well as different levels of governance in charge of designing and implementing education and training policies could further enhance the fight against misconceptions and stereotypes; |
| --- | --- |

29.

| 30. | expresses its concern at the recurrence of anti-Semitic acts in schools and the increasing difficulty that some teachers are experiencing in teaching about the Shoah, and agrees that teachers should be empowered to address anti-Semitism, the Shoah, Jewish life and history, including in multicultural classrooms; stresses, therefore, the importance for Member States to provide teachers — especially history teachers — and school headmasters with enhanced pedagogical support in their teaching of the Second World War period and more generally when addressing the issue of anti-Semitism. Points out that in order to review and improve the teaching materials used in the Member States and regions, structured exchanges with teachers are particularly necessary; |
| --- | --- |

30.

| 31. | welcomes that the Commission is continuing to finance actions in Member States to fight antisemitism systematically, as well as to foster Jewish life at local and regional level and to promote knowledge of current and former regional and local Jewish life, as well as exchanges with local communities; such actions should be backed also through EU programmes such as Horizon Europe and CERV; |
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31.

| 32. | strongly endorses international research projects on preventing antisemitism, such as comparative projects on how antisemitism is taught in schools, and calls for them to be specifically supported using European funding; |
| --- | --- |

32.

| 33. | underlines the importance of commemorating the heroic stance of the non-Jewish people across Europe who sacrificed their lives to help Jews during the Shoah; |
| --- | --- |

33.

| 34. | supports the coordinated and cross-border development of multilingual teaching materials on preventing antisemitism as well as teaching manuals that are digitally and freely accessible; |
| --- | --- |

34.

| 35. | considers it essential to strengthen mechanisms to control the financing of groups which, under the guise of non-governmental organisations, harbour antisemitism, promote the Boycott, Divestment and Sanctions (BDS) movement, or justify and encourage terrorism; |
| --- | --- |

35.

| 36. | expresses its appreciation for the work of the European Holocaust Research Infrastructure (EHRI) (16) and deems it important that the future of trans-national Holocaust research, commemoration and education is secured beyond the project's expiry in 2024. This is the Holocaust research initiative that receives the most EU funding in the world; |
| --- | --- |

36.

Leading the global fight against antisemitism

| 37. | welcomes the Commission’s acknowledgment that Israel is a key partner for the European Union in the global fight against antisemitism. Furthermore, the Committee fully supports cooperation with the ad-hoc Working Group set up by the European Commission and with the European Parliament Working Group Against Antisemitism (WGAS); |
| --- | --- |

37.

| 38. | underlines the importance of involving national, regional and local authorities, as well as Jewish communities and civil societies, in order to strengthen the action plan’s legitimacy and to combat antisemitism in Europe more effectively. It is also important to share good practices between different countries and local and regional authorities, including the objectives and measures set out in education, legislation, or research which are elaborated by different levels of governance and civil society; |
| --- | --- |

38.

| 39. | believes that as local and regional authorities are on the front line in combating antisemitism and fostering Jewish life, they should have the opportunity to participate in exchanges, regular consultations, and dialogues with the EU institutions; |
| --- | --- |

39.

| 40. | expresses the Committee’s availability to contribute, where appropriate, to the work of the ad-hoc Working Group on combating antisemitism set up by the Commission, and its willingness to invite the Group’s representatives to relevant Committee meetings; |
| --- | --- |

40.

| 41. | will follow the Commission’s call to set a good example and improve the representativeness of CoR staff through recruitment and selection measures. |
| --- | --- |

41.

Brussels, 29 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

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(1)  79 % of European Jews feel blamed for something done by the State of Israel. 69 % say the Arab-Israeli conflict impacts on feeling of safety (Second FRA Survey 2018: https://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-experiences-and-perceptions-of-antisemitism-survey_en.pdf).

1

(2)  COR-2020-04617.

2

(3)  C(2021) 2699 final: https://ec.europa.eu/info/sites/default/files/c_2021_2699_f1_commission_implementing_decision_en_v3_p1_1177590.pdf); CERV programme: https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/programmes/cerv.

3

(4)  Justice programme, Horizon Europe, Creative Europe, Erasmus+, the Internal Security Fund, the cohesion policy funds, the Neighbourhood, Development and International Cooperation Instrument (NDICI), and the Instrument for Pre-accession Assistance (IPA).

4

(5)  Young Jewish Europeans: perceptions and experiences of antisemitism, FRA, 2019: https://fra.europa.eu/sites/default/files/fra_uploads/fra-2019-young-jewish-europeans_en.pdf.

5

Young Jewish Europeans: perceptions and experiences of antisemitism

(6)  Experiences and perceptions of antisemitism Second survey on discrimination and hate crime against Jews in the EU, FRA, 2018: https://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-experiences-and-perceptions-of-antisemitism-survey_en.pdf.

6

(7)  Special Eurobarometer 484, Perceptions of antisemitism, 2019: https://europa.eu/eurobarometer/surveys/detail/2220.

7

(8)  Council Framework Decision 2008/913/JHA of 28 November 2008, https://eur-lex.europa.eu/legal-content/EN/TXT/?uriNLEX%3A32008F0913.

8

(9)  Surveys — Eurobarometer (europa.eu).

9

(10)  European framework for action on cultural heritage.

10

(11)  OSCE: Organization for Security and Co-operation in Europe.

11

(12)  ODIHR: OSCE office for Democratic Institutions and Human Rights.

12

(13)  UNESCO: The United Nations Educational, Scientific and Cultural Organization.

13

(14)  Kovács, A., Fischer, G., Antisemitic Prejudices in Europe: Survey in 16 European Countries, Action and Protection League, 2021: European antisemitism survey — APL — Action & Protection League (apleu.org).

14

Antisemitic Prejudices in Europe: Survey in 16 European Countries

(15)  ‘Addressing Anti-Semitism in Schools: Training Curricula’, a publication developed jointly by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and UNESCO.

15

(16)  https://www.ehri-project.eu/.

16

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| 30.9.2022 | EN | Official Journal of the European Union | C 375/26 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/26

---

Opinion of the European Committee of the Regions — Enlargement Package 2021

(2022/C 375/05)

| Rapporteur: | Anna MAGYAR (HU/ECR), Member of Assembly of Csongrád-Csanád County |
| --- | --- |
| Reference documents: | Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — 2021 Communication on EU Enlargement Policy — COM(2021) 644 final;
  Commission Staff Working Document — Albania 2021 Report — SWD(2021) 289 final;
  Commission Staff Working Document — Bosnia and Herzegovina 2021 Report — SWD(2021) 291 final/2;
  Commission Staff Working Document — Kosovo(1) 2021 Report — SWD(2021) 292 final/2;
  Commission Staff Working Document — Montenegro 2021 Report — SWD(2021) 293 final/2;
  Commission Staff Working Document — North Macedonia 2021 Report — SWD(2021) 294 final;
  Commission Staff Working Document — Serbia 2021 Report — SWD(2021) 288 final;
  Commission Staff Working Document — Turkey 2021 Report — SWD(2021) 290 final/2. |

Rapporteur:

Anna MAGYAR (HU/ECR), Member of Assembly of Csongrád-Csanád County

Reference documents:

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — 2021 Communication on EU Enlargement Policy — COM(2021) 644 final;

Commission Staff Working Document — Albania 2021 Report — SWD(2021) 289 final;

Commission Staff Working Document — Bosnia and Herzegovina 2021 Report — SWD(2021) 291 final/2;

Commission Staff Working Document — Kosovo(1) 2021 Report — SWD(2021) 292 final/2;

Commission Staff Working Document — Montenegro 2021 Report — SWD(2021) 293 final/2;

Commission Staff Working Document — North Macedonia 2021 Report — SWD(2021) 294 final;

Commission Staff Working Document — Serbia 2021 Report — SWD(2021) 288 final;

Commission Staff Working Document — Turkey 2021 Report — SWD(2021) 290 final/2.

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

General comments

| 1. | notes with great interest the European Commission’s 2021 Communication on EU Enlargement Policy, the reports on candidate countries Albania, Montenegro, North Macedonia, Serbia and Turkey, and those on potential candidates Bosnia and Herzegovina and Kosovo 1 (1); |
| --- | --- |

1.

| 2. | recalls the European aspirations and the European choice of Ukraine, as stated in the Association Agreement. On 28 February 2022, exercising the right of Ukraine to choose its own destiny, the President of Ukraine submitted the application of Ukraine to become a member of the European Union. The CoR calls on the Council and the Commission to further strengthen bonds and deepen the partnership to support Ukraine in pursuing its European path, in accordance with the relevant provisions of the Treaties; |
| --- | --- |

2.

| 3. | welcomes the fact that the EU-Western Balkans Summit in Brdo in October 2021 confirmed that the enlargement process of the Western Balkans is a mutual strategic interest and a shared strategic choice, based on credible reforms by partners, fair and rigorous conditionality and the principle of own merits; |
| --- | --- |

3.

| 4. | notes the formal applications of Georgia and Moldova to join the European Union and calls on the Council and the Commission to support them in their efforts to join the EU upon the fulfilment of enlargement criteria; |
| --- | --- |

4.

| 5. | emphasises that it is in favour of all Western Balkan countries as well as Ukraine, Moldova and Georgia joining the EU, provided they meet all the accession criteria; underlines the importance of sending positive signals to them to foster their engagement in the regrettably long process of becoming EU Members; highlights that missing a real and trustworthy EU perspective would lead to frustrations in the partner countries and risks leading to further influence of third countries in the region; |
| --- | --- |

5.

| 6. | reiterates that public administration reform in the Western Balkan countries cannot be implemented without good governance at local level, and calls on the EC to incorporate into its public administration reform support measures and instruments and more detailed performance indicators on the involvement of LRAs in the overall reform process; |
| --- | --- |

6.

| 7. | recalls that 70 percent of the EU acquis is implemented at the sub-national level; encourages exploring and applying best practices in the cooperation with and involvement of LRAs in enlargement related matters, as they are strategic partners in the process and key actors in making the enlargement success to the citizens; |
| --- | --- |

7.

| 8. | calls on the EC to make the best use of TAIEX and Twinning in order to help institutional development and capacity building at the local level in the enlargement countries; welcomes the extension of TAIEX to local authorities; |
| --- | --- |

8.

| 9. | welcomes that the overall balance of reforms was positive in all Western Balkans countries which makes further progress possible, and calls on all countries involved to demonstrate their commitment to EU values and standards, underlines that candidate and potential candidate countries are expected to gradually align their policies towards third countries with the policies of the European Union; |
| --- | --- |

9.

| 10. | calls on all parties involved to engage in a constructive manner in order to be able to open the accession negotiations with Albania and North Macedonia, after the approval of their negotiating frameworks by the Council, without delay; |
| --- | --- |

10.

| 11. | welcomes that political steer was reaffirmed in the enhanced enlargement methodology and thus political inter-governmental conferences took place on a regular basis that provided an opportunity for high level dialogue; |
| --- | --- |

11.

| 12. | notes with concern that the slowing down of the enlargement process leads to unwelcome developments in the enlargement countries, namely the loss of trust of the citizens, continued emigration, diminished will for crucial political reforms, and further exposure to influence from third parties who are continuously seeking to expand their influence in the Western Balkan region, including Russia and China; |
| --- | --- |

12.

| 13. | welcomes the entry into force of the IPA III Regulation that provides the funds for fundamental and sustainable reforms in the beneficiary countries; highlights the fact that the EU is the biggest donor in the Western Balkans and therefore is the most important partner for the region; |
| --- | --- |

13.

| 14. | supports the implementation of the Economic and Investment Plan (EIP) for the Western Balkans of the EC that can be a major contribution to the green transition, digitalisation, transport and energy infrastructure, social development and regional development; in this regard recalls the importance of improving the rule of law, anti-corruption, transparency, and good governance, and to fully implement the Green Agenda for the Western Balkans; recalls that LRAs play an important role in this regard and therefore should be involved in the implementation phase; |
| --- | --- |

14.

| 15. | calls on the Commission in cooperation with local authorities in the beneficiary countries to make best use of the IPA III and IPARD funds; reiterates the benefits of the LEADER Approach as rural development contributes excessively to economic development and sound demographic structures; |
| --- | --- |

15.

| 16. | calls for close cooperation among local and regional authorities, civil society, and expert panels on protecting nature and biodiversity in the Western Balkans, gradually replacing coal-fired power plants with renewables, taking into account the views of local communities providing support for the fight against the climate change and for a green and just transition for the region; |
| --- | --- |

16.

| 17. | welcomes the entering into force of the ‘Roam like at home’ regime in the Western Balkans on 1 July 2021; underlines that further negotiations should follow, with the aim of also reducing roaming charges between the EU and the Western Balkans; |
| --- | --- |

17.

| 18. | emphasises that the economic growth and job creation agenda in the Western Balkans cannot be fully achieved without tapping into potentials of local economic development (LED) and improving of business climate at local communities; the CoR supports initiatives to engage in more structured dialogues with municipalities and networks of municipalities of the regions through regular consultations even beyond Enlargement Day and discussions at the relevant working groups; underlines in this respect the importance of in-person meetings to explore all potentials and build on direct contacts for common projects; |
| --- | --- |

18.

| 19. | welcomes the EU’s comprehensive support given to the governments of the Western Balkans for addressing the challenges posed by the COVID-19 pandemic and for responding effectively to urgent health and socio-economic needs; as LRAs have a central role in dealing with the pandemic, it urges enlargement countries, alongside the EC to involve them in the efficient coordination; |
| --- | --- |

19.

| 20. | highlights the role of EU funds in countering negative demographic tendencies in most enlargement countries; stresses the need of addressing social challenges in the programming of such funds; |
| --- | --- |

20.

| 21. | emphasises the need for a more efficient communication, also at the local level, in order to highlight the benefits that EU integration offers and countering disinformation; |
| --- | --- |

21.

| 22. | stresses the importance of the Economic and Investment Plan, as well as the IPA funds in supporting sectors relevant to the local level, such as tourism; |
| --- | --- |

22.

| 23. | reiterates that the rule of law and the functioning of democratic institutions are the unnegotiable foundations of the functioning of Member States of the European Union and are key areas against which the EU assesses candidate countries’ progress towards membership, expresses concern over the limited progress and numerous challenges in this field, the continued existence of certain elements of state capture, insufficient results in fight against organised crime and corruption, limited progress in the area of judicial reform, and the reported atrocities against some media outlets in some enlargement countries; |
| --- | --- |

23.

| 24. | stresses that a supportive environment for the development and operation of independent media and an active, strong civil society are a precondition for the sustainability and irreversibility of complex reforms in the EU accession process, as well as a basis for the development of local democracy; calls for reinforced monitoring of democratic processes and media freedom, also in relation to the COVID-19 pandemic; |
| --- | --- |

24.

| 25. | stresses that LRAs, due to their proximity to the public, have a key role to play in promoting and respecting European values, protecting fundamental rights and the protection of all minorities and can be important partners and leaders in tackling racism and hate speech, combating discrimination, promoting gender equality, protecting vulnerable groups and minorities, and fostering social cohesion; in this regard, the protection of the rights of national minorities is of utmost importance; |
| --- | --- |

25.

| 26. | is convinced that LRAs, due to their specific role as local policy-makers and public service providers, can play a greater role in addressing some shortcomings in the area of the rule of law and fundamental rights, but also in strengthening transparent and accountable governance of local policies and better protecting the rights of vulnerable groups; |
| --- | --- |

26.

| 27. | calls on the Commission to increasingly facilitate the exchange of best practices among LRAs on ways of greater involvement of citizens in preparation of local budgets and policies, through measures such as participatory budgeting, and offers its full support in this regard; |
| --- | --- |

27.

Country-specific observations

| 28. | fully supports the opening of the accession negotiations with North Macedonia and Albania, after the approval of their negotiating frameworks by the Council, as soon as possible, in order to show political support for the enlargement process, restore its credibility and reaffirm the promise for fully fledged membership; |
| --- | --- |

28.

| 29. | recalls that progress in the EU-facilitated Belgrade Prishtina dialogue is an obligation on the way to accession; calls on the parties involved to make rapid progress in the normalisation process, implement past agreements and move ahead with the legally binding comprehensive agreement; |
| --- | --- |

29.

SERBIA

| 30. | takes notes of the overall progress made in the accession negotiations with Serbia so far and calls for an acceleration and deepening of reforms, in the areas of the rule of law and fundamental rights (including the independence of the judiciary), the fight against corruption, media freedom, the domestic handling of war crimes and the fight against organised crime as well as for progress in the normalisation in the framework of the Belgrade-Pristina dialogue, as set out in the Negotiating Framework, which will determine the overall speed of the accession negotiations; |
| --- | --- |

30.

| 31. | welcomes the opening of Cluster 4 that provides new impetus for the integration of all enlargement countries, strengthens the credibility of the accession process and puts the enhanced methodology in practice; |
| --- | --- |

31.

| 32. | welcomes the progress achieved on the constitutional reform that reinforces the independence of the judiciary and calls on Serbia to enact all the laws and legislation that are necessary to make the reforms happen on the ground; calls on the Commission to monitor on-going reforms and report thoroughly in its next country report; |
| --- | --- |

32.

| 33. | urges the Serbian authorities at all levels of governance to firmly commit to and promote EU values and to communicate unambiguously on the country’s EU integration aspirations and on the relations with the EU as Serbia’s main political and economic partner; |
| --- | --- |

33.

| 34. | expresses the expectation that the dedication for reforms is maintained in Serbia which might lead to the opening of further chapters soon; |
| --- | --- |

34.

| 35. | calls on Serbia to act more decisively to improve the environment for freedom of expression and the work of independent media, as well as making progress in the fight against corruption; |
| --- | --- |

35.

| 36. | welcomes Serbia’s commitment to actively promote regional cooperation and encourages Serbia to continue its efforts to strengthen good neighbourly relations and cross border cooperation; |
| --- | --- |

36.

| 37. | welcomes Serbia’s decision to back the resolution by UN General Assembly on the violation of Ukraine’s territorial integrity in response to the unjustified and unprovoked Russian military aggression; calls on Serbia to fully align with the Common Foreign and Security Policy of the European Union, including all the waves of sanctions targeting Belarus and the Russian Federation; so that Serbia reiterates its support for the principles and values of the European Union and its commitment to working together with the European partners towards peace; |
| --- | --- |

37.

MONTENEGRO

| 38. | notes with concern the polarisation between political sides that have made progress difficult in the negotiations; the CoR urges the new government and political parties to accelerate reforms that are needed for closing chapters, especially in the rule of law area; |
| --- | --- |

38.

| 39. | encourages Montenegro to maintain and possibly even supersede its previous level of progress in the accession negotiations with a special focus on meeting the interim benchmarks set in Chapters 23 and 24, the success of which will be key to achieve progress in the overall negotiations and the provisional closure of any further chapter; |
| --- | --- |

39.

| 40. | stresses that the fight against corruption and political influence in public institutions must be carried out within the confines of the rule of law under the conditions of transparency and accountability in order to implement the de-politicisation of public administration at all governance levels; |
| --- | --- |

40.

| 41. | recognises the dedicated efforts and commendable results demonstrated by Montenegro in the field of the increasingly efficient police and prosecutorial measures against organised crime; calls, however, on Montenegro to urgently address the deficiencies in its criminal justice system, including the way organised crime cases are handled in the courts; |
| --- | --- |

41.

| 42. | calls on the EC to encourage Montenegro to step up its efforts to ensure transparent and inclusive policy-making, including greater centralised control over the quality of public stakeholder consultations; |
| --- | --- |

42.

| 43. | calls upon the EC to pay sustained attention to the requirements of transparency in public finances, also with a view to the external financial vulnerability of Montenegro; |
| --- | --- |

43.

ALBANIA

| 44. | welcomes that Albania maintained good focus on reforms required for the country’s path towards the EU, despite the challenge of addressing the negative social and economic impact of the pandemic; based on its performance, accession negotiations, after the approval of the negotiating framework by the Council, should start without delay; |
| --- | --- |

44.

| 45. | welcomes that successful and well-organised general elections were held on 25 April 2021, based on the electoral reform in line with the OSCE/ODIHR recommendations; |
| --- | --- |

45.

| 46. | welcomes the 100 % CFSP-alignment rate which is a strong signal of the country’s commitment to its EU path; Albania has continued a constructive dialogue with neighbouring countries and maintained its engagement in a number of regional cooperation initiatives, also as the successful chair of the OSCE in 2020; |
| --- | --- |

46.

| 47. | highlights that the implementation of the comprehensive justice reform has its first results in the Constitutional Court and the High Court; welcomes the extension of the mandate of the vetting institutions; |
| --- | --- |

47.

| 48. | welcomes that progress was made in strengthening the fight against corruption as well as in the fight against organised crime, including by stepping up cooperation with EU Members States and Europol. However, recalls the urgency of the fight against drug trafficking networks; |
| --- | --- |

48.

| 49. | calls on Albania to pursue and consolidate its territorial administrative reform as part of a broader programme aimed at boosting decentralisation, strengthening local fiscal autonomy and increasing the capacity of municipalities; |
| --- | --- |

49.

| 50. | urges Albania to swiftly adopt and implement pending by-laws on minority rights, in particular on self-identification and use of minority languages in line with European standards and with the involvement of all relevant stakeholders and increase the capacities of the State Committee on National Minorities; |
| --- | --- |

50.

| 51. | calls for the role of the Albanian local and national self-government consultative council to be further strengthened as a good example of how the role of local authorities in policy-making can be formalised; |
| --- | --- |

51.

| 52. | welcomes the adoption of the Population Census Law and looks forward to the smooth conduct of the upcoming Population Census in full transparency with the involvement of all relevant stakeholders and in line with international standards; |
| --- | --- |

52.

| 53. | recommends establishing a Joint Consultative Committee with Albania; therefore recommends that the Albanian Government file a request to that end and the Stabilisation and Association Council to adopt the relevant Declaration; |
| --- | --- |

53.

| 54. | calls on Albania to continue the ongoing efforts to implement a comprehensive land sector reform and to consolidate property rights, in a transparent manner by holding consultations with all relevant stakeholders, including by addressing cases of falsification of documents and swiftly advancing the process for registration and compensation; |
| --- | --- |

54.

NORTH MACEDONIA

| 55. | welcomes that the overall balance of reforms in the preparation of North Macedonia for EU accession is positive and makes further progress possible; based on its performance, the accession negotiations should start without further delay, after the adoption of the negotiating framework by the Council, as a lack of progress undermines the credibility of the entire enlargement policy; |
| --- | --- |

55.

| 56. | welcomes that the parliamentary opposition parties have been consistently involved in parliamentary work and in some cases have helped to pass key EU-related reform legislation; calls on North Macedonia to increase its efforts to strengthen the role of Parliament as a forum for constructive political dialogue, particularly on the EU reform agenda. |
| --- | --- |

56.

| 57. | expresses its concern that the coupling of North Macedonia and Albania in enlargement decisions in the Council is unfair and does not reflect the EU’s own ambition to assess the development of accession countries individually; urges the parties concerned to reach agreement that makes opening negotiations possible; the CoR strongly supports holding the first inter-governmental conferences with the two candidates as soon as possible; |
| --- | --- |

57.

| 58. | calls for the administrative and technical capacities of the operational structures responsible for managing EU funds to be enhanced, both at central and local level, particularly in the areas of transport, energy and green transition; |
| --- | --- |

58.

| 59. | welcomes the efforts made in the field of regional cooperation, as a result of which North Macedonia was able to maintain good relations with neighbouring countries and remained active in regional initiatives; recalls the importance of achieving tangible results and implementing in good faith the Prespa Agreement with Greece as part of the enlargement process; |
| --- | --- |

59.

| 60. | welcomes the North Macedonia’s 96 % CFSP-alignment rate and its active participation in EU crisis management missions; |
| --- | --- |

60.

BOSNIA AND HERZEGOVINA

| 61. | expresses its concern at the limited progress made by Bosnia and Herzegovina on the key reforms needed for the country to reach candidate status; |
| --- | --- |

61.

| 62. | reaffirms that Bosnia and Herzegovina has a low level of preparedness to meet the obligations of EU membership, therefore it needs to speed up significantly the process of adopting the EU acquis; recalls that the national programme for the transposition of the EU acquis has not yet been adopted; |
| --- | --- |

62.

| 63. | is highly concerned by initiatives of the Republika Srpska that go in the direction of pulling out of Bosnia’s armed forces, judiciary and tax system; expresses its strong support for the territorial integrity of the country; |
| --- | --- |

63.

| 64. | calls on Bosnia and Herzegovina to implement the judgments of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina, and to amend the electoral law so that the three constituent peoples are legitimately represented in the state institutions and that all citizens can be elected to any institution; |
| --- | --- |

64.

KOSOVO

| 65. | calls on the Member States, in line with the Commission recommendations and the positive recommendations of the EP, which the CoR strongly supports, to grant visa liberalisation; |
| --- | --- |

65.

| 66. | underlines the importance of reaching a comprehensive, legally-binding agreement in the normalisation of relations between Serbia and Kosovo, so that both can advance on their respective European paths. Calls on the EC to persevere in finding solutions regarding the establishment of an association of Serb-majority municipalities in Kosovo; |
| --- | --- |

66.

| 67. | welcomes the adoption of the Rule of Law Strategy and Action Plan in August 2021 that identifies key challenges to strengthening the rule of law; |
| --- | --- |

67.

| 68. | reiterates the importance of legislative reforms to ensure a clear division of powers and funding between central and local governments; |
| --- | --- |

68.

| 69. | reiterates its strong expectation that all past agreements are respected and implemented without delay; both parties should also avoid actions that undermine stability and rhetoric that is not conducive to dialogue; |
| --- | --- |

69.

TURKEY

| 70. | notes with regret the continued serious democratic backsliding of Turkey in fundamental fields of the European acquis, the significant deterioration in the promotion and enforcement of human rights, the rule of law and fundamental freedoms, key founding values of the European Union; underlines that a new human rights action plan, while a welcomed initiative in principle, did not present concrete steps to remedy the most acute problems in this area and effective efforts need to be undertaken; |
| --- | --- |

70.

| 71. | reiterates its strong expectation that all past agreements are respected and implemented without delay; calls on Turkey to abstain from renewed provocations or unilateral actions in breach of international law, and avoid actions that undermine stability and rhetoric that is not conducive to dialogue; |
| --- | --- |

71.

| 72. | reiterates its concern at the general weakening of effective checks and balances in the political system and condemns at the continued practice of forcibly dismissing elected mayors and replacing them with government-appointed officials, as well as the arrests of other local representatives; calls on Turkey, in line with the European Charter of Local Self-Government and the recommendations of the Venice Commission, to refrain from taking measures that hamper local democracy, and are detrimental to the general democratic climate both at local and regional levels; Turkey should also step up its cooperation with the Council of Europe and its relevant bodies and institutions, address their key recommendations, fully implement the European Convention of Human Rights and other international human rights instruments to which Turkey is a party, as well as execute all judgments of the European Court of Human Rights in line with Article 46 of the ECHR; calls on Turkey to re-accede to the Council of Europe Convention on preventing and combating violence against women and domestic violence; |
| --- | --- |

72.

| 73. | acknowledges the significant efforts of Turkey in the field of migration by hosting and addressing the needs of more than 4 million people; calls on Turkey to ensure the full and non-discriminatory implementation of the EU-Turkey Statement of 2016, including vis-à-vis the Republic of Cyprus, including its obligation to take any necessary measures to prevent new sea or land routes for illegal migration opening from Turkey to the EU, and to cooperate with neighbouring states; further calls for the full and effective implementation of the EU-Turkey Readmission Agreement vis-à-vis all Member States; cooperation in the areas of justice and home affairs with all EU Member States remains essential; notes that it will not accept any attempt by third countries to instrumentalise migrants for political purposes. |
| --- | --- |

73.

| 74. | calls for full respect of the sovereignty of all EU Member States; condemns Turkey’s unilateral steps in Varosha and remains committed to the comprehensive settlement of the Cyprus issue within the UN framework and in accordance with the relevant UN Security Council Resolutions; invites Turkey to make further progress towards normalisation of relations with the Republic of Cyprus; |
| --- | --- |

74.

| 75. | takes note of the ratification of the Paris Agreement by the Turkish Parliament; stresses the importance of involving local governments in developing policies pertaining to this field; welcomes the de-escalation in the Eastern Mediterranean after Turkey suspended illegal hydrocarbons drilling activities in the maritime zones of Cyprus, stressing that it needs to be sustained; calls on Turkey to respect the sovereignty of all EU Member States, in particular in Greece and Cyprus, over their territorial sea and airspace; |
| --- | --- |

75.

| 76. | takes note that some progress was made in accelerating the absorption of IPA II funds and in addressing some structural weaknesses, in particular in the area of resources, agriculture and cohesion (cluster 5); |
| --- | --- |

76.

| 77. | reaffirms that it is in the EU’s strategic interest to develop a cooperative and mutually beneficial relationship with Turkey and stresses the importance of keeping channels of communication open in order to resolve differences and ease tensions through dialogue and in accordance with EU and international law; |
| --- | --- |

77.

| 78. | calls on Turkey to fulfil its obligations under the Negotiating Framework, including the full, non-discriminatory implementation of the Additional Protocol to the Association Agreement towards all Member States; reiterates that recognition of all Member States is essential; reiterates EU’s call on Turkey to progressively align with the EU Common Foreign and Security Policy and to reverse the increasingly negative trend as a matter of priority and recalls its position on accession of Member States to international organisations; notes with regret that Turkey continues to move further away from the European Union, and recalls the Council’s previous conclusion which noted that Turkey’s accession negotiations therefore effectively have come to a standstill and no further chapters can be considered for opening or closing; |
| --- | --- |

78.

The role of LRAs in the enlargement process

| 79. | stresses the importance of the role of LRAs in the EU alignment process and eventual application of EU rules, cooperation must be stepped up between the central and local level in the integration process, especially in the fields of legal harmonisation, economic and investment development, public administration reform including local public service development, agriculture and food security, climate policy and green transition, public procurement, social policy; |
| --- | --- |

79.

| 80. | welcomes the launch of the Economic and Investment Plan for the Western Balkans as a key tool to support the economic recovery and development of these countries; recalls that the plan presented by the EC represents one third of the GDP of the Western Balkans and therefore strengthens the top position of the EU as donor; stresses the importance of timely and appropriate involvement of LRAs in the implementation; |
| --- | --- |

80.

| 81. | welcomes the entry into force of the IPA Regulation (IPA III) that provides for 9 billion euro out of the 30 billion euro investment provided by the EIP; welcomes that the importance of the local dimension and people-to-people contacts is recognised in the IPA Regulation and the related programming process; invites the Commission to explore further the possibility of facilitating the cooperation of the central and local level and the cross-border cooperation at local level, including between Member States and beneficiary countries, in order to bring the most out of the available funds; |
| --- | --- |

81.

| 82. | underlines the importance of political plurality in democratic systems; stresses in this regard that missing political plurality or suppression of positions and intimidation of elected officials belonging to opposition parties at the local level in some of the enlargement countries are major challenges to local democracies and hinder the path to becoming an EU Member State; |
| --- | --- |

82.

| 83. | calls on the EC to develop practical tools to support effective capacity building for LRAs in the Western Balkans, including through specific thematic support programmes and regional technical assistance projects, as well as via ongoing exchanges, mentoring and networking; also invites the EC to include a reference to such initiatives in the annual reports; |
| --- | --- |

83.

| 84. | welcomes the practice of building a network of EU integration contact points at municipalities, with the coordination of EU Delegations in the enlargement countries; in this regard, encourages sharing best practices and lessons learnt; |
| --- | --- |

84.

| 85. | LRAs are key in a successful integration process, therefore local public administration reform and capacity building are essential for all enlargement countries; in this context, the CoR calls on the EC to explore and possibly extend the Support for Improvement in Governance and Management (SIGMA) initiative to subnational levels of administration in enlargement countries; |
| --- | --- |

85.

| 86. | calls on the EC to refine the indicators for measuring the progress made in public administration reforms by including local and regional authorities; |
| --- | --- |

86.

| 87. | welcomes the EC support to date in strengthening youth cooperation in the Western Balkans, which is of great importance in maintaining and further developing good neighbourly relations, including support for initiatives such as the Regional Youth Cooperation Office; also welcomes that the IPA funds continue to contribute, as a priority, to youth participation; |
| --- | --- |

87.

| 88. | stresses that large infrastructure investments planned under the EIP in the areas of transport, energy, green and digital infrastructure, in addition to core networks, should always include regional and local connectivity so that people in local communities can benefit from these investments. |
| --- | --- |

88.

Brussels, 29 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

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(1)  This designation is without prejudice to positions on status, and in line with United Nations Security Council Resolution UNSCR 1244/1999 and the International Court of Justice Opinion on the Kosovo declaration of independence.

1

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| 30.9.2022 | EN | Official Journal of the European Union | C 375/34 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/34

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Opinion of the European Committee of the Regions — Ecological transition — What balance between social acceptability and environmental imperatives from the point of view of cities and regions with a view to building resilient communities?

(2022/C 375/06)

| Rapporteur: | Hanna ZDANOWSKA (PL/EPP), Mayor of Łódź |
| --- | --- |
| Reference documents: | Council presidency referral |

Rapporteur:

Hanna ZDANOWSKA (PL/EPP), Mayor of Łódź

Reference documents:

Council presidency referral

THE EUROPEAN COMMITTEE OF THE REGIONS

General comments

| 1. | welcomes the green transition as one of the key priorities of the French Presidency, as adapting to and mitigating climate change, restoring and protecting biodiversity, ensuring territorial resilience to natural disasters, and promoting a healthy environment and better quality of life help build a more resilient Europe and achieve the objectives of the European Green Deal and the Paris Agreement; |
| --- | --- |

1.

| 2. | agrees with the published communication on the new EU Strategy on Adaptation to Climate Change (1) and the special report of the Intergovernmental Panel on Climate Change (IPCC) (2), and stresses that the green transition is not possible without the involvement of local and regional authorities, as well as residents, businesses, innovation centres and universities; |
| --- | --- |

2.

| 3. | believes that the green transition should be at the heart of any policy choices, building a new, systemic and integrated approach to the design and implementation of future policies and programmes; stresses that it should be facilitated by the digital transition, involving the deployment and promotion of modern digital tools with high sustainability standards, including strong democratic and technological safeguards, and investment in them as key enablers of change; In this respect, it is also essential to support and catch up less developed and rural regions too in order to bridge the gap between different areas. |
| --- | --- |

3.

| 4. | The local and regional levels are the cornerstone of building resilience. It is important to increase the sense of ownership and community at local and regional level — public administration, local and regional government, residents, economic operators — of all those who are part of the local and regional fabric, but this requires proper and comprehensive, institutional and financial support; |
| --- | --- |

4.

| 5. | calls for the entire health and care sector to be substantially reinforced in light of the climate and biodiversity crises and the war in Ukraine, treating health as a key motive for and priority of the green transition, and strengthening the synergies between climate and health policies in line with the recommendations of the 8th Environment Action Programme; |
| --- | --- |

5.

| 6. | believes that a resilient community is able to withstand and absorb the impact of climate hazards and other disruptions and to recover from their consequences. It is therefore important to mitigate the negative effects, but also to create an atmosphere in which society, the environment and the economy can thrive by introducing a range of solutions to incentivise action; |
| --- | --- |

6.

| 7. | underlines that resilient communities can also be achieved by developing resilient political systems committed to equality, solidarity, social justice and gender equality, by involving children and young people and leaving no one behind — especially vulnerable groups — and by taking account of spatial diversity, including that of rural, coastal, mountain, island, archipelagic or outermost regions; |
| --- | --- |

7.

| 8. | stresses that policies for green production methods and technologies must also make local SMEs more competitive, enable green jobs to be created and developed and boost the skills of workers; |
| --- | --- |

8.

| 9. | in view of high energy prices and the war in Ukraine, reiterates its call for a total ban on Russian gas, oil and coal imports into Europe and encourages local and regional authorities to start drawing up contingency plans to prepare for the consequences of such sanctions; believes that the REPowerEU plan is a way to accelerate the energy transition, reduce the EU’s overall dependence on imports of energy and raw materials and thus to diminish the political, economic and security risks associated with it; nevertheless, deeply regrets the lack of clear reference to the role of cities and regions, both in terms of overcoming the current energy crisis and providing long-lasting solutions to it; |
| --- | --- |

9.

Choosing the right policy mix for resilient systems

| 10. | supports the definition of a climate-resilient Europe, in line with the mission of Horizon Europe, combining the resilience of environmental, social and economic systems with a commitment to long-term sustainable development, including equality, social justice and gender equality. It is important to include children and young people, leave no one behind and strengthen the resilience of political systems in order to promote shared values, solidarity and respect for diversity, achieved through inclusive social transformation; |
| --- | --- |

10.

| 11. | stresses, in line with the communication on a new climate adaptation strategy, the need for a systemic and informed response to climate change as soon as possible; notes that resilience is a complex concept, requiring integrated, multi-sectoral and flexible solutions, developed according to a territorial approach and based on evidence; underlines that building resilient systems requires that the right priorities be selected, as well as synergy between different policies that support the transition to becoming a sustainable territory, capable of coping with crises and shocks while preparing to curb their current and anticipated effects; |
| --- | --- |

11.

| 12. | proposes, therefore, that investment projects include climate risk analyses and climate vulnerability analyses, and that cost-benefit scenarios be adapted accordingly; |
| --- | --- |

12.

| 13. | also expresses its concern about the expected asymmetric regional impact of the energy crisis on EU cities and regions reflecting their different abilities to respond to the disruption of energy supplies and rising energy prices and calls on the European Commission and Member States to take these asymmetries duly into account when devising and implementing the respective measures; |
| --- | --- |

13.

| 14. | backs proposals to accelerate local renewable energy and energy efficiency measures in order to safeguard Europe’s energy sovereignty and security and combat energy poverty, in particular, in light of the war in Ukraine and its adverse consequences for Europe’s energy; |
| --- | --- |

14.

| 15. | supports plans and actions to secure a just and inclusive transition in coal areas, in order to help them progress and overcome any obstacles they may encounter, and with the sufficient funds required to do so and to create a new model for their development; |
| --- | --- |

15.

| 16. | highlights that the main barriers to rapid implementation of low-carbon technologies are related to the lack of financial and human resources, to existing policies, regulations and organisational structures still dependent on fossil fuels, as well as to socio-cultural factors such as a lack of social acceptance, since this could lead to job losses and a decline in population particularly in coal regions; believes therefore that innovation should stem from specific local contexts and have a direct impact on the overall system and community and counteract processes that cause a lack of public acceptance; |
| --- | --- |

16.

| 17. | calls for support to facilitate development of and access to active and public mobility and transport solutions that are zero- and low-emission; |
| --- | --- |

17.

| 18. | notes that climate change is possibly the biggest threat to global health in the 21st century, and therefore calls for multidisciplinary and multi-sectoral cooperation and adoption of the one-health approach, leading to coordinated action at all levels of governance in international agencies, NGOs and academic institutions, with a view to protecting nature and restoring biodiversity, habitats and ecosystems; |
| --- | --- |

18.

| 19. | points out that disaster risk reduction measures based on an ecosystem approach are cost-effective policy tools. However, they are not fully exploited and their potential should be further enhanced at EU level (3); |
| --- | --- |

19.

| 20. | calls for the transition to a circular economy to be stepped up and underlines the role of local and regional authorities in this process; calls for the promotion of new business models and stronger tools, especially within the framework of municipal services and their mechanisms for extended consumer responsibility and public-private partnerships, as well as the associated promotion of sustainable consumption and production models and green or sustainable public procurement; |
| --- | --- |

20.

| 21. | is in favour of innovative governance solutions being introduced in the public sector, making use of the Living Lab concept; stresses that, in order to build resilient communities, it is crucial to help them find effective ways of overcoming challenges, by harnessing the creativity and innovation of users of public services; |
| --- | --- |

21.

| 22. | calls for nature-based solutions to be taken into account in investment processes. This initiative, which forms part of the new EU Strategy on Adaptation to Climate Change, prioritises nature-based solutions (4); |
| --- | --- |

22.

| 23. | welcomes initiatives (including the Covenant of Mayors and Climate Pact) that encourage local and regional authorities to increase their ambitions and transformative actions. The activities of the ambassadors of these initiatives should be stepped up and replicated in other places in order to raise climate awareness among all levels of local government and accelerate their transition; |
| --- | --- |

23.

| 24. | supports the Climate, Energy and Environmental Aid Guidelines (CEEAG). These guidelines will increase the effectiveness of efforts to meet the European Green Deal’s objectives — particularly with regard to building renovation, biodiversity, clean mobility, renewable energy, as well as resource efficiency with a view to supporting the transition to a circular economy; |
| --- | --- |

24.

| 25. | calls for the right conditions to be put in place to develop the social economy. The political and legal framework is key to creating the right environment for the social economy. This includes a framework for taxation, public procurement and State aid, which needs to be adapted to the needs of the social economy; |
| --- | --- |

25.

Local and regional authorities as key actors in the green transition

| 26. | calls for a well-functioning multilevel governance framework, from local, metropolitan and regional to national, European and global level. Radical and lasting lifestyle changes, necessary for creating a fair, sustainable, low-carbon and resilient society, require requires both bottom-up and top-down cooperation; |
| --- | --- |

26.

| 27. | highlights the fact that local and regional authorities are ‘lead actors’ in the green transition. They implement 70 % of all EU legislation, 70 % of climate change mitigation measures, 90 % of climate change adaptation strategies and 65 % of the sustainable development goals, as well as carrying out one third of public spending and two thirds of public investment. They are the most familiar with local and regional challenges and should therefore be equipped with the instruments to pursue the systemic solutions that best fit the local scenario; However, this role does not mean that the responsibility is theirs alone. Higher levels of government have an obligation to support local and regional authorities in all their efforts to do so; |
| --- | --- |

27.

| 28. | encourages greater use of participatory governance (discussions, budgets, etc.) and multi-stakeholder governance, as this increases the chances of optimal green investments in small rural towns, cities and regions; points out that local and regional authorities support decision-making at all stages and provide active support as part of policy strategies; |
| --- | --- |

28.

| 29. | points out that ‘Thinking globally and acting locally’ is the only way to achieve the ambitious climate targets of the Paris Agreement. In this context, the Committee calls on the UNFCCC to actively and meaningfully involve local and regional authorities as a credible partner of the COP on climate action; |
| --- | --- |

29.

| 30. | encourages local and regional authorities to organise local climate summits which have a positive impact on the involvement of local and regional authorities in climate change adaptation and energy transition issues and provide an opportunity to prepare the Committee of the Regions’ recommendations for the annual UN climate conferences; |
| --- | --- |

30.

The social dimension of building resilience

| 31. | stresses that involving local communities in decision-making is crucial for any transition; urges a greater commitment to empowerment, inclusiveness, shared values and solidarity, involving all actors in building more resilient communities; Involving young people is also essential in this respect; |
| --- | --- |

31.

| 32. | calls for development of tools to encourage households to get involved in the transition as well as various forms of support, especially for the most vulnerable groups of citizens and territories; welcomes, in this context, the establishment of the Social Climate Fund and calls for financial support to be provided via a system of shared management that respects the principles of partnership and multilevel governance; |
| --- | --- |

32.

| 33. | calls for the empowerment of prosumers and consumers in the green transition, using legislation to curb greenwashing and promote informed choices; |
| --- | --- |

33.

| 34. | appeals for measures to facilitate and promote relevant initiatives, and for lower barriers to setting up local renewable energy communities, as they are a key tool to promote the widespread use of renewable energy sources and to achieve a decentralised energy system while providing local economic and social benefits; |
| --- | --- |

34.

| 35. | notes that the potential for energy savings is underleveraged in the REPowerEU plan, and calls on the Commission and Member States to consider measures such as campaigns to raise public awareness and encourage changes in behaviour; |
| --- | --- |

35.

Education and learning to build resilience

| 36. | stresses that the green transition will not succeed unless knowledge capital is developed through climate education at all levels of education, as well as skilling and reskilling; |
| --- | --- |

36.

| 37. | highlights that the Climate Pact should accelerate efforts to meet the commitments already signed at local level by local actors (SMEs, schools, local authorities, universities, etc.) and generate new commitments to make Europe the first climate-neutral continent by 2050; |
| --- | --- |

37.

| 38. | supports the objectives, principles and guidelines of Horizon Europe and calls for stronger requirements for the durability of projects and for their impact to be monitored; |
| --- | --- |

38.

| 39. | stresses the importance of actions to promote, expand and finance existing and new initiatives that support knowledge and best practice sharing by European, national, regional and local networks and city-to-city cooperation such as mutual learning activities, study visits, partner-to-partner mentoring and coaching; |
| --- | --- |

39.

| 40. | calls on local and regional authorities to do their utmost to encourage mutual and cross-border administrative cooperation in the implementation of transition projects, including interregional, inter-municipal and cross-border cooperation across the EU; |
| --- | --- |

40.

| 41. | proposes the use of best practices in the fight against climate change at local and regional level, generated by initiatives such as the Covenant of Mayors, the Under2 Coalition, EU Missions, etc. The aim is to make use of the data collected when developing long-term climate strategies and to share experience on successful methods, innovative solutions and valuable lessons from such initiatives; |
| --- | --- |

41.

| 42. | calls on the European Commission to consider setting up a dedicated instrument for technical assistance and information exchange between local and regional authorities that face similar challenges in terms of the green transition and building resilient communities by providing financial support for sharing EU best practices (study visits); |
| --- | --- |

42.

| 43. | underlines the importance of intergenerational cooperation, mainstreaming of youth perspectives and support from the Young Elected Politicians programme; is in favour of building an innovation ecosystem through projects, programmes and actions aimed at talented youth in order to harness the potential of young people for the green transition; |
| --- | --- |

43.

| 44. | calls for local/regional climate hubs to be set up as information points and places that encourage local communities to further the green transition. Such hubs may have the potential to launch bottom-up initiatives and projects that promote and encourage collaboration between both committed and sceptical users of cities and regions, as well as those who are not engaged. |
| --- | --- |

44.

Greater public awareness and monitoring change

| 45. | stresses that public awareness of climate change, its causes and consequences is a prerequisite for effective climate policy. The use of modern technology tools (teledetection, transport telematics, drones, ICT) enables adopted climate policies to be delivered much more effectively; |
| --- | --- |

45.

| 46. | A society aware of climate threats shows greater solidarity in accepting difficult and often costly activities. Up-to-date and reliable information is the basis of the actions and whether they are accepted by local and regional communities; |
| --- | --- |

46.

| 47. | underlines that the success of the green transition depends on a large number of local partners getting involved. Clear and ongoing communication on the transition process and dialogue are important, particularly around difficult topics such as limiting individual transport and the location of municipal amenities that the public find difficult to accept. |
| --- | --- |

47.

Economic operators to build resilience

| 48. | stresses that businesses and industry should support efforts to adapt to climate change and that legal and financial means should be put in place to avoid that the local population internalises the costs of negative business externalities; |
| --- | --- |

48.

| 49. | calls for sustainable production to be stimulated through regulation, by means of extended producer responsibility for an ever greater number of product groups and for the individual stages of their life cycle; |
| --- | --- |

49.

| 50. | welcomes the revision of the Industrial Emissions Directive, intended not only to help prevent and control pollution, but also to stimulate innovation, reward frontrunners and help level the playing field in the EU market; |
| --- | --- |

50.

| 51. | points out that more cross-border sustainable energy projects and infrastructure need to be developed if we are to achieve a zero-emission and fully integrated energy system in the EU. Existing barriers should be removed and low-emission and renewable energy cooperation strengthened across borders; |
| --- | --- |

51.

| 52. | points to the need to boost the internal market for construction products through a regulatory framework that is suited to driving the ‘renovation wave’ and promoting construction investments based on sustainable construction. |
| --- | --- |

52.

Sustainable consumption

| 53. | calls for legislative action to make all physical goods on the EU market more environmentally friendly, circular and energy-efficient throughout their life cycle — from design, through daily use, to repurposing and re-use; |
| --- | --- |

53.

| 54. | calls for legislative changes to ensure more efficient efforts at tackling food waste, including stimulating the development of a sustainable food sector (Farm to Fork strategy) and decreasing the environmental impact of the food processing and retail sector by taking action on transport, storage, packaging and avoiding food waste, and for steps to promote sustainable food consumption; |
| --- | --- |

54.

| 55. | is in favour of action by the Commission to support the development of the European social economy, which can genuinely overcome the challenges of food waste and short product life cycles and develop new green activities; |
| --- | --- |

55.

| 56. | points out that in the current time of crisis and the resulting challenges, local and regional authorities are forced to constantly revise their goals, identify risks and respond dynamically to emerging development constraints, which may make it difficult to implement transformational actions in an ongoing and comprehensive manner; |
| --- | --- |

56.

The financial dimension of building resilience

| 57. | strongly underlines that the most important funds (EU cohesion policy, Recovery and Resilience Facility, Just Transition Fund, Modernisation Fund, etc.), as well as those directly aimed at the local and regional levels (LIFE, Connecting Europe Facility, etc.) which seek to support the green transition, are programmed at national level and that the scope of local and regional projects depends on central government guidelines. Procedures should be put in place to ensure that local and regional authorities participate as much as possible — commensurate with their needs in the programming and implementation of EU funds; |
| --- | --- |

57.

| 58. | stresses that the REPowerEU plan presented by the European Commission, which relates to increasing energy savings, diversifying supplies, stepping up development of renewables, reducing fossil fuel consumption and smart investments, should provide for financial support for local and regional authorities to implement it, as well as the allocation of existing or new EU funding for this purpose; calls on the Member States to redirect unused funds from the Recovery and Resilience Facility to support local energy security planning and investments in renewable energy sources and energy efficiency; |
| --- | --- |

58.

| 59. | highlights the role played by Treaty provisions on the financing of activities of local and regional authorities, particularly in the field of climate protection. The introduction of changes needs to be adapted to the circumstances and possibilities of local communities, enabling these changes to be made effectively without imposing an excessive burden on local people; therefore calls on the European Commission to review the rules for financing municipal services so that better solutions can be put in place to finance the most urgent needs in this area, which has implications for the environmental impact; |
| --- | --- |

59.

| 60. | calls for public aid rules to be streamlined, including support for solutions in the area of funding and maintenance of systems essential for waste management, in particular the establishment of opportunities for funding by local and regional authorities to operate these systems, as well as support for crisis management and support for economic operators, including micro-enterprises; |
| --- | --- |

60.

| 61. | stresses the need to combat energy and mobility poverty through energy efficiency measures and more widespread implementation of RES and the related need for Member States to provide support in this regard at local and regional level; therefore considers it essential to reduce the initial cost burden of energy efficiency and RES measures, particularly for households, micro and small enterprises and vulnerable consumers; |
| --- | --- |

61.

| 62. | stresses that the funding provided for under the revision of the existing ETS is insufficient to ensure a truly just transition, and that consideration should be given to allocating revenue from outside the ETS on road transport and buildings (ETS II) to the Social Climate Fund; proposes that the revenue earmarked for the Social Climate Fund should start to be pooled earlier than the implementation of ETS II; |
| --- | --- |

62.

| 63. | believes that the Social Climate Fund should counterbalance the negative effects on households, micro and small enterprises and the most vulnerable transport users and ensure socially sustainable development; |
| --- | --- |

63.

| 64. | encourages the private sector (including via extended producer responsibility) to play a bigger part in building the resilience of cities and regions; |
| --- | --- |

64.

| 65. | calls for European competition law to be made more flexible, particularly with regard to State aid, as it does not take sufficient account of the nature of competition faced by European businesses in third countries where the same rules are not respected; |
| --- | --- |

65.

| 66. | points to the underestimation of the costs borne by local authorities due to numerous crises and the delayed support from higher levels of governance; calls, therefore, for proposals for more effective solutions; |
| --- | --- |

66.

| 67. | calls for increased financial support for green investments with a ‘snowball effect’, mobilising further action to drive the green transition; |
| --- | --- |

67.

| 68. | points out that, apart from direct access to funding, local and regional authorities should receive adequate technical assistance and support for capacity-building, in order to exploit existing funding opportunities, assist these authorities in ensuring an effective balance between private and public funds, and make greater use of green and sustainable public procurement for investments; |
| --- | --- |

68.

| 69. | supports the idea of a ‘green budget’ as a fiscal policy-making tool to help achieve environmental objectives. This will enable the environmental impact of budgetary or fiscal policies to be assessed, as well as their consistency with efforts to meet national and international commitments (5); |
| --- | --- |

69.

| 70. | calls for further administrative simplification and reduction of regulatory barriers concerning the development and implementation of new and innovative technologies and business models; |
| --- | --- |

70.

| 71. | points out that the implementation challenges of climate policy are largely focussed around local and regional authorities, whereas potential funding (e.g. revenue from taxes, emission rights) goes mainly into the central budget; calls for the rules on access to resources to be revised. |
| --- | --- |

71.

Strengthening the supply of ecosystem services

| 72. | points to the need to undertake specific measures to streamline water management in urban areas, in particular to streamline management of water resources while taking account of links to the catchment basin, and to establish a programme to develop small-scale retention investments and a fund for this purpose; |
| --- | --- |

72.

| 73. | is concerned that, despite the wide scope of environmental legislation in the EU, large gaps still exist in the legal protection of ecosystem (6), while restoring ecosystems is crucial for maintaining a high quality of life and ensuring that the processes needed for sustainable development continue. |
| --- | --- |

73.

Brussels, 30 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

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(1)  https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2021:82:FIN

1

(2)  https://report.ipcc.ch/ar6wg2/pdf/IPCC_AR6_WGII_FinalDraft_FullReport.pdf

2

(3)  Climate change adaptation and disaster risk reduction in Europe Enhancing coherence of the knowledge base, policies and practices 15/2017, EEA, https://www.eea.europa.eu/publications/climate-change-adaptation-and-disaster

3

(4)  https://climate-adapt.eea.europa.eu/eu-adaptation-policy/sector-policies/ecosystem

4

(5)  https://www.oecd.org/environment/green-budgeting/

5

(6)  Mapping and Assessment of Ecosystems and their Services: An EU ecosystem assessment, 2020 https://publications.jrc.ec.europa.eu/repository/handle/JRC120383

6

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| 30.9.2022 | EN | Official Journal of the European Union | C 375/41 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/41

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Opinion of the European Committee of the regions — The implementation of green budgets at local and regional levels

(2022/C 375/07)

| Rapporteur: | Vincent CHAUVET (FR/RE), Mayor of Autun |
| --- | --- |
| Reference document: | Presidency referral, Rule 41(a) |

Rapporteur:

Vincent CHAUVET (FR/RE), Mayor of Autun

Reference document:

Presidency referral, Rule 41(a)

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | points out that the 2019 EU Green Deal creates a roadmap towards a climate-neutral, resource-efficient, circular and competitive Europe by 2050, and underlines the national budgets’ key role in redirecting public investment, consumption and taxation towards green priorities, explicitly committing to fostering green budgeting practices in the EU; |
| --- | --- |

1.

| 2. | highlights the importance of green budgeting for achieving climate neutrality by 2050 and of the international climate commitments to assess the green impact of funding, which are aimed at transforming our way of living (in particular the energy, housing, transport and food systems), and to respect just and inclusive aspects of the transitions; |
| --- | --- |

2.

| 3. | calls on the European Commission and the Member States to support the strong involvement of regions and cities in assessing whether budget items align with climate and environmental objectives, and in providing harmonised definitions, classifications and guidelines on how to apply them to specific actions; |
| --- | --- |

3.

| 4. | reiterates that the recovery and resilience funds are not yet reaching the regional or local levels of governance, where the implementation takes place. This is a real challenge, considering that according to the OECD, subnational governments account for 55 % of public spending and 64 % of public investment related to climate and the environment; |
| --- | --- |

4.

Framework definition

| 5. | notes that in May 2021 the European Commission roughly defined a ‘green budget’ as a ‘budgetary process whereby the environmental contributions of budgetary items are identified and assessed with respect to specific performance indicators, with the objective of better aligning budgetary policies with environmental goals’; |
| --- | --- |

5.

| 6. | warns, however, that a single, clear definition of green budgeting and the underlying process should be provided, in order to be able to evaluate the environmental/climate impact of public budgets as a whole, or of specific parts of them, reflecting that green budgeting is also an approach to decision-making; |
| --- | --- |

6.

| 7. | points out that the OECD has developed a green budgeting strategic framework which provides governments with an enabling environment for green budgeting, defining its form, purpose and method. In addition, or as a means to complement it, in January 2022 the European Commission developed a European green budgeting reference framework as a guide for introducing green budgeting or upgrading existing practices in EU Member States; |
| --- | --- |

7.

| 8. | calls on the European Commission and the Member States to assist local and regional authorities in applying the green budgetary process guidelines and a methodology framework, including the existing proposals for subnational governments (1), whereby the environmental contributions of budgetary items are identified and assessed against specific environmental performance indicators, with the objective of better aligning local and national budgetary policies with environmental goals; |
| --- | --- |

8.

| 9. | reminds, however, that the methodologies provided need to be flexible enough to be adapted to the country-specific context (subnational responsibilities, budget nomenclature, etc.), as well to the subnational government level; |
| --- | --- |

9.

| 10. | invites the European Commission at the same time to reconsider going beyond a methodology framework on green budgeting, including a proposal for a legal framework; |
| --- | --- |

10.

| 11. | stresses the importance of defining ‘green budget objectives’ at local and regional level, in accordance with the climate and sustainable targets defined in sectoral plans (e.g.: regional energy plans, SECAPs, sustainable mobility plans, etc.); |
| --- | --- |

11.

| 12. | calls on the 100 European Cities selected by the European Commission to become climate-neutral and smart city by 2030 to adopt the green budgeting to monitor the climate contract investment plan implementation, realized by the cities and their local stakeholders; |
| --- | --- |

12.

| 13. | highlights the fact that climate change has an economic impact. These environmental costs (a negative externality) are higher than previously believed, however companies and organisations can improve their economic situation by reducing this negative externality, and consequently the fiscal impact. Companies and organisations can reduce or eliminate environmental taxes by complying with climate legislation, and thus the latter should also be considered an economic opportunity; |
| --- | --- |

13.

Monitoring

| 14. | believes that green budgeting developed at local and regional level should focus on expenditure and revenue measures, and in particular on monitoring budgetary documents with expenditure allocations. However, to make the assessment more accessible, it should only be possible to assess the expenditures (as a first step). Revenues and tax expenditures could be assessed in a second step, as recommend by the EU green budgeting reference framework (GBRF); |
| --- | --- |

14.

| 15. | notes, however, that creating an enabling framework that goes beyond the mere green budgeting tools is the only way forward if green budgeting is to succeed and bring benefits on a local and regional level; but the burden of developing this framework should not fall solely on local and regional authorities, but should be carried out at a higher level of government; |
| --- | --- |

15.

| 16. | believes in the need to produce a list of budgetary items for local and regional green budgeting that have specific net environmental impacts that could be broadly considered ‘green’, as well as a list of items with net impacts that could be broadly considered ‘brown’ or ‘neutral’. The list should be integrated into the guidelines and tools on green budgeting for local and regional authorities who are willing either to implement green budgeting or upgrade their current practices. In this light, welcomes the European Commission and the OECD’s efforts in making this a reality; |
| --- | --- |

16.

| 17. | underlines the importance for local and regional authorities to measure the impact of the green and brown items in terms of climate change, while simultaneously addressing CO2 emissions, adaptation and mitigation, biodiversity, clean air, and other environmental pollution; |
| --- | --- |

17.

| 18. | considers the ‘do not significantly harm’ principle to be a driver for encouraging local and regional authorities to adopt green budgeting methodology; |
| --- | --- |

18.

| 19. | believes that a green budget can be an effective decision-making tool for monitoring and assessing sustainable and climate policies with a mid- and long-term accounting strategy, integrating it with a multiannual plan of public works and budget prevision; considers effective follow-up to be one of the key aspects of a successful implementation; |
| --- | --- |

19.

| 20. | asks for the creation of a cross-authority cooperation platform, across national but also municipal borders, aimed at the exchange of best practices and capacity-building initiatives to aid local and regional authorities in greening their budget. The training should guide the LRAs through practical applications, assess existing practices, and tackle specific challenges in greening public finances; |
| --- | --- |

20.

| 21. | calls on the European Commission and the Member States to enlarge access to technical support initiatives for green budgeting, which are currently mostly available at national level; stands in that regard ready to introduce, in cooperation with the European Commission, the OECD, the I4CE and other relevant actors, obligatory training on green budgeting for CoR members, as a first step towards raising awareness and transmitting relevant know how on the application of this budgeting approach; |
| --- | --- |

21.

Enabling investments

| 22. | reminds that green budgeting is understood as assessing the greenness of the budget. However, its ultimate aim should also be to increase the share of ‘green’ parts of the budgets, as green budgeting is one of the tools for implementing the Green Deal, of which LRAs are in charge. In particular, this should enable the EU to directly fund LRAs for the green transition. The EU budget and the various EU funds should be sensitive to the differing exposure of countries and regions to the effects of climate change, and therefore EU contributions and financing should take into account the diversity of territories, the socioeconomic situation of each one, and their capacity to respond to climate impacts; |
| --- | --- |

22.

| 23. | underlines that in addition to the budgetary assessment, LRAs need sufficient funding through a strengthened access to programmes and support for the development of bankable projects (including smaller-scale projects), aggregating small-scale projects with a view to creating the needed economies of scale; |
| --- | --- |

23.

| 24. | reiterates that mobilising private sources of financing will be crucial; LRAs will need an enhanced administrative capacity in order to overcome a weak engineering capacity due to their size and available resources; |
| --- | --- |

24.

| 25. | stresses the great potential of the methodology used in green budget exercises to assess the projects and the possibility for projects to be funded by issuing green bonds to accelerate low-carbon investment and enhance investor support, and act as a key tool in tackling climate change and implementing the Paris agreement. Initiatives like the Global Green Bond Partnership (GGBP) support the efforts of sub-national entities such as cities, states and regions, corporations and private companies, and financial institutions to accelerate the issuance of green bonds; |
| --- | --- |

25.

| 26. | calls on the European Commission and the Member States to exempt ‘green’ investment from the regional public deficit calculation and from the debt limit ‘golden rules’, thus increasing green investment in order to achieve the EU’s ambitious targets and to cut CO2 emissions; |
| --- | --- |

26.

| 27. | highlights the fact that the European Commission has improved the financing of sustainable economic activities through the renewed sustainable finance strategy (RSFS) and the sustainable finance framework, adopting the Sustainable Finance Taxonomy Regulation and the Sustainable Finance Disclosure Regulation; recognises the importance of integrating green budgets with low-carbon and positive-carbon impact benchmarks to mobilise private capital in public investment, and provide to investors a clearer understanding of the carbon consequences of their investments; |
| --- | --- |

27.

| 28. | calls on the European Commission and the Member States to define a certificate for green budgeting in compliance with the requirements of taxonomy, to the degree applicable, for refinanced projects; |
| --- | --- |

28.

| 29. | calls for significant improvements to the taxonomy by considerably lowering the number of workers in companies subject to it, and welcomes the inclusion of nuclear energy in the taxonomy as a green investment; |
| --- | --- |

29.

Participation and transparency

| 30. | recommends that local and regional authorities disseminate green budget monitoring reports among citizens to promote efficiency, accountability, and transparency of policies regarding climate and environmental action; |
| --- | --- |

30.

| 31. | calls for regular external audits of the green budgeting methodologies, and in particular of the underlying hypothesis used to classify expenditure and revenue in order to ensure accountability and to ultimately enhance public trust in the process; |
| --- | --- |

31.

| 32. | calls for strengthening ownership of the green agenda among citizens. Besides the information provided through the green budgeting exercise, the CoR encourages cities and regions to increase green participatory budgeting as a way of empowering citizens — in particular local youth councils — to take ownership of part of the annual budget for green projects that benefit their community; |
| --- | --- |

32.

Social budgeting

| 33. | recognises that green budgets are powerful economic tools for transforming societies and economies and improving equality. On the other hand, warns that green budgeting needs to be reconciled with social objectives in order to ensure that no one is left behind; |
| --- | --- |

33.

| 34. | affirms that cities and regions have a key role to play in achieving a low-emission, inclusive transition and stresses that climate action must become a prioritised municipal task. Some of the cities’ common concerns relate to how climate change may affect spatial planning, segregation and urban development, human health, and economic stratification. Investments in low-emission urban infrastructure can have positive impacts on low-income and vulnerable populations; this is why local and regional authorities cannot be left alone in their efforts to make the green transition. Both Member States and the EU have a responsibility to support these efforts; |
| --- | --- |

34.

| 35. | considers that redistribution is key to leaving no one behind, since the cost of GHG-intensive goods and services (heating and air-conditioning, house rent, transport) will sharply increase due to mitigation policies. In countries where those goods and services are disproportionately consumed by low-income households, mitigation policies will increase inequalities through the expenditure side. To avoid social inequality, the ‘polluter pays’ principle must be more strictly applied. Redistribution must therefore be designed in such a way as to reward those who behave in a climate-friendly manner. Climate action is the responsibility of the whole of society. The EU budget and the various EU funds should take into account the socioeconomic differences of countries and regions, and the effects that climate change and the policies to combat it have on territorial and social inequality, so that the green transition is as just and inclusive as possible. |
| --- | --- |

35.

Brussels, 30 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

---

(1)  The Institute for Climate Economics and the OECD Centre for Regions and Cities have already or are in the process of developing climate assessment procedures for budgets or specific guidelines targeted at LRAs.

1

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III Preparatory acts

Committee of the Regions

150th CoR plenary session, 29.6.2022–30.6.2022

| 30.9.2022 | EN | Official Journal of the European Union | C 375/45 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/45

---

Opinion of the European Committee of the Regions — Improving working conditions in platform work

(2022/C 375/08)

| Rapporteur: | Yonnec POLET (BE/PES) 1st Deputy Mayor of Berchem-Sainte-Agathe |
| --- | --- |
| Reference document: | Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Better working conditions for a stronger social Europe: harnessing the full benefits of digitalisation for the future of work
  COM(2021) 761 final
  Proposal for a Directive of the European Parliament and of the Council on improving working conditions in platform work
  COM(2021) 762 final |

Rapporteur:

Yonnec POLET (BE/PES) 1st Deputy Mayor of Berchem-Sainte-Agathe

Reference document:

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Better working conditions for a stronger social Europe: harnessing the full benefits of digitalisation for the future of work

COM(2021) 761 final

Proposal for a Directive of the European Parliament and of the Council on improving working conditions in platform work

COM(2021) 762 final

I.   RECOMMENDATIONS FOR AMENDMENTS

COM(2021) 762 final

Amendment 1

Recital 9

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom. Also,
  national
  authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable rules, including in respect of labour law and social protection. | When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom. Also,
  the competent
  authorities in the
  Member States
  do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable rules, including in respect of labour law and social protection. |

Text proposed by the European Commission

CoR amendment

When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom. Also,
  national
  authorities do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable rules, including in respect of labour law and social protection.

When platforms operate in several Member States or across borders, it is often unclear where the platform work is performed and by whom. Also,
  the competent
  authorities in the
  Member States
  do not have easy access to data on digital labour platforms, including the number of persons performing platform work, their employment status, and their working conditions. This complicates the enforcement of applicable rules, including in respect of labour law and social protection.

Reason

In several Member States, regional authorities are responsible for determining the status of workers.

Amendment 2

Recital 16

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| This Directive should apply to persons performing platform work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed
  and other persons
  performing platform work in the Union
  who do not have an employment relationship
  . | This Directive should apply to persons performing platform work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear,
  or is incorrectly or fraudulently determined,
  so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed workers performing platform work in the Union. |

Text proposed by the European Commission

CoR amendment

This Directive should apply to persons performing platform work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed
  and other persons
  performing platform work in the Union
  who do not have an employment relationship
  .

This Directive should apply to persons performing platform work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear,
  or is incorrectly or fraudulently determined,
  so as to allow correct determination of that status. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed workers performing platform work in the Union.

Reason

One of the aims of the directive is to make it possible to determine correctly the status of workers as self-employed persons or as employees.

Amendment 3

Recital 18

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation. It
  should be limited
  to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential
  and not merely a minor and purely ancillary
  component. | Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation. It
  shall apply
  to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential component.
  Ancillary services provided as part of the provision of a service whose primary purpose is to exploit or share assets, and which requires the organisation of work performed by individuals should be included in this definition, as long as they are necessary, essential and ordered through the platform. |

Text proposed by the European Commission

CoR amendment

Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation. It
  should be limited
  to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential
  and not merely a minor and purely ancillary
  component.

Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation. It
  shall apply
  to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential component.
  Ancillary services provided as part of the provision of a service whose primary purpose is to exploit or share assets, and which requires the organisation of work performed by individuals should be included in this definition, as long as they are necessary, essential and ordered through the platform.

Reason

The aim is to ensure that necessary and essential ancillary services that include a component of work performed by individuals can fall within the directive's scope when they are ordered through a platform.

Amendment 4

Recital 23

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides — on a purely voluntary basis or in agreement with the persons concerned — to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship. | Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides — on a purely voluntary basis or in agreement with the persons concerned — to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be
  automatically
  regarded as determining elements indicating the existence of an employment relationship,
  without prejudice to the grounds listed in Article 4 on legal presumption. |

Text proposed by the European Commission

CoR amendment

Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides — on a purely voluntary basis or in agreement with the persons concerned — to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.

Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides — on a purely voluntary basis or in agreement with the persons concerned — to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be
  automatically
  regarded as determining elements indicating the existence of an employment relationship,
  without prejudice to the grounds listed in Article 4 on legal presumption.

Reason

While the voluntary improvement of the working conditions of self-employed workers by platforms is welcome, it should not be used to circumvent the legal presumption or to reintroduce a notion of subordination. If voluntary improvements are included in the list of actions provided for in Article 4 on legal presumption, they must be able to be used to characterise the existence of an employment relationship.

Amendment 5

Recital 25

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers' rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice,
  two criteria
  should be always fulfilled to trigger the application of the presumption. At the same time, the criteria should not cover situations where the persons performing platform work are genuine self-employed. Genuine self-employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work. | Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers' rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice,
  one criterion
  should be always fulfilled to trigger the application of the presumption.
  This list of criteria can be complemented with additional practices considered to be controlling the performance of work in national legislation, case-law or practice.
  At the same time, the criteria should not cover situations where the persons performing platform work are genuine self-employed. Genuine self-employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work. |

Text proposed by the European Commission

CoR amendment

Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers' rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice,
  two criteria
  should be always fulfilled to trigger the application of the presumption. At the same time, the criteria should not cover situations where the persons performing platform work are genuine self-employed. Genuine self-employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work.

Criteria indicating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers' rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concrete elements showing that the digital labour platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration or both, gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice,
  one criterion
  should be always fulfilled to trigger the application of the presumption.
  This list of criteria can be complemented with additional practices considered to be controlling the performance of work in national legislation, case-law or practice.
  At the same time, the criteria should not cover situations where the persons performing platform work are genuine self-employed. Genuine self-employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom to choose working hours or periods of absence, to refuse tasks, to use subcontractors or substitutes or to work for any third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controlling the performance of work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as controlling the performance of work.

Reason

When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice.

The criteria listed by the directive each characterise an element of direction and control, just one of which must be sufficient to trigger the presumption that there is an employer, which the employee or the employer may still contest if necessary. At the same time, the list of criteria is not exhaustive.

Amendment 6

Recital 32

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to representatives of persons performing platform work and to national labour authorities at their request, in order to enable them to exercise their functions. | Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to
  trade unions,
  representatives of persons performing platform work and to national
  and regional
  labour authorities at their request, in order to enable them to exercise their functions. |

Text proposed by the European Commission

CoR amendment

Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to representatives of persons performing platform work and to national labour authorities at their request, in order to enable them to exercise their functions.

Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to
  trade unions,
  representatives of persons performing platform work and to national
  and regional
  labour authorities at their request, in order to enable them to exercise their functions.

Reason

Trade unions have a key role in defending workers’ rights, and the directive must make explicit reference to them.
  Labour authorities are also necessary and essential players in ensuring compliance with labour and social security regulations and improving working conditions.

Amendment 7

Recital 33

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Digital labour platforms should
  not
  be required to disclose the detailed functioning of their automated monitoring and decision-making systems,
  including
  algorithms,
  or
  other detailed data that contains commercial secrets or is protected by intellectual property rights. | Digital labour platforms should be required to disclose the detailed functioning of their automated monitoring and decision-making systems,
  and
  algorithms,
  linked to working conditions. They should not be required to disclose
  other detailed data that contains commercial secrets or is protected by intellectual property rights. |
| However, the result of those considerations should not be a refusal to provide all the information required by this Directive. | However, the result of
  these
  considerations should not be a refusal to provide all the information required by this Directive. |

Text proposed by the European Commission

CoR amendment

Digital labour platforms should
  not
  be required to disclose the detailed functioning of their automated monitoring and decision-making systems,
  including
  algorithms,
  or
  other detailed data that contains commercial secrets or is protected by intellectual property rights.

Digital labour platforms should be required to disclose the detailed functioning of their automated monitoring and decision-making systems,
  and
  algorithms,
  linked to working conditions. They should not be required to disclose
  other detailed data that contains commercial secrets or is protected by intellectual property rights.

However, the result of those considerations should not be a refusal to provide all the information required by this Directive.

However, the result of
  these
  considerations should not be a refusal to provide all the information required by this Directive.

Reason

Commercial confidentiality or intellectual property may not be invoked to prevent the proper implementation of this directive, or to circumvent certain provisions thereof, in particular those covered in Chapter III on algorithmic management and Chapter IV on transparency on platforms.

Amendment 8

Chapter I General provisions, Article 1 Subject matter and scope, point 2

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice. | This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice. |
| In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union
  who does not have an employment contract or employment relationship
  . | In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union
  as a genuine self-employed worker
  . |

Text proposed by the European Commission

CoR amendment

This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice.

This Directive lays down minimum rights that apply to every person performing platform work in the Union who has, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice.

In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union
  who does not have an employment contract or employment relationship
  .

In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union
  as a genuine self-employed worker
  .

Reason

One of the aims of the directive is to make it possible to determine correctly the status of workers as self-employed persons or as employees.

Amendment 9

Chapter I, Article 2 — Definitions, point 1.5

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| ‘representatives’ means the workers'
  organisations
  or representatives provided for by national law or practices, or both; | ‘representatives’ means the workers’
  trade unions
  or representatives provided for by national law or practices, or both; |

Text proposed by the European Commission

CoR amendment

‘representatives’ means the workers'
  organisations
  or representatives provided for by national law or practices, or both;

‘representatives’ means the workers’
  trade unions
  or representatives provided for by national law or practices, or both;

Reason

Trade unions play a key role in defending workers’ rights, and the directive must make explicit reference to them.

Amendment 10

Chapter I, Article 2(2) — Definitions, point 2

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets. It
  shall be limited
  to providers of a service for which the organisation of work performed by the individual constitutes
  not merely a minor and purely ancillary component. | The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets. It
  shall apply
  to providers of a service
  , including an ancillary service,
  for which the organisation of work performed by the individual constitutes
  a necessary and essential
  component. |

Text proposed by the European Commission

CoR amendment

The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets. It
  shall be limited
  to providers of a service for which the organisation of work performed by the individual constitutes
  not merely a minor and purely ancillary component.

The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets. It
  shall apply
  to providers of a service
  , including an ancillary service,
  for which the organisation of work performed by the individual constitutes
  a necessary and essential
  component.

Reason

The aim here is to ensure consistency with recital 18 and to ensure that necessary and essential ancillary services that include a component of work performed by individuals can fall within the scope of the directive if they are ordered through a platform.

Amendment 11

Chapter II, Article 4 — Legal Presumption, point 1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. | The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. |
| The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall
  be able to
  rely on that presumption. | The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall rely on that presumption
  , while the contractual relationship is assessed and determined at national level
  . |

Text proposed by the European Commission

CoR amendment

The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.

The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work and a person performing platform work through that platform shall be legally presumed to be an employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems.

The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall
  be able to
  rely on that presumption.

The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legislation shall rely on that presumption
  , while the contractual relationship is assessed and determined at national level
  .

Reason

While Member States are ultimately responsible for assessing and determining a contractual relationship and may establish a framework of measures to implement the directive, in accordance with their national legal and judicial systems, use of the presumption is not optional. It is the basis for the evaluation of the classification of the contractual relationship between a digital labour platform and a person performing work through that platform, which is one of the main aims of the text.

Amendment 12

Chapter II, Article 4 — Legal Presumption, 2

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least
  two
  of the following: | Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least
  one
  of the following: |
| (a) | effectively determining, or setting upper limits for the level of remuneration; |

Text proposed by the European Commission

CoR amendment

Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least
  two
  of the following:

Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least
  one
  of the following:

(a)

effectively determining, or setting upper limits for the level of remuneration;

| (a) | effectively determining
  , or
  setting upper limits for the level of remuneration
  or the price of a service
  ; |
| --- | --- |

(a)

effectively determining
  , or
  setting upper limits for the level of remuneration
  or the price of a service
  ;

| (b) | requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work; |
| --- | --- |

(b)

requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;

| (b) | requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work; |
| --- | --- |

(b)

requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work;

| (c) | supervising the performance of work or verifying the quality of the results of the work including by electronic means; |
| --- | --- |

(c)

supervising the performance of work or verifying the quality of the results of the work including by electronic means;

| (c) | supervising the performance of work or verifying the quality of the results of the work including by electronic means; |
| --- | --- |

(c)

supervising the performance of work or verifying the quality of the results of the work including by electronic means;

| (d) | effectively restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes; |
| --- | --- |

(d)

effectively restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;

| (d) | effectively restricting the freedom,
  by prioritising future job offers,
  including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours,
  work pattern
  or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes; |
| --- | --- |

(d)

effectively restricting the freedom,
  by prioritising future job offers,
  including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours,
  work pattern
  or periods of absence, to accept or to refuse tasks or to use subcontractors or substitutes;

| (e) | effectively restricting the possibility to build a client base or to perform work for any third party. |
| --- | --- |

(e)

effectively restricting the possibility to build a client base or to perform work for any third party.

| (e) | effectively restricting the possibility to build a client base,
  including from among the platform's clients,
  or to perform work for any third party. |
| --- | --- |

(e)

effectively restricting the possibility to build a client base,
  including from among the platform's clients,
  or to perform work for any third party.

This list of conditions can be complemented with additional practices considered to control the performance of work in national legislation, case-law or practice.

Reason

When digital labour platforms control certain components of the performance of work, they act as employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. The criteria listed in Article 4 each independently characterise an element of direction and control, and just one of them must be sufficient to trigger the presumption of there being an employer, which the worker or employer may still contest if necessary.

With regard to the first criterion, determining or limiting the price of a service is tantamount to determining or limiting the level of a worker's remuneration, regardless of their status.

With regard to the fourth criterion, the refusal of a task and the availability of the worker and his or her working hours are used by some platforms as conditions for allocating future work offers, which allows them to indirectly control the organisation of the work of the people working through the platform and to restrict their freedom to organise their working hours, a freedom that these individuals have when they are self-employed. Similarly, self-employed workers are free to organise their priorities and breaks, and thus to set their working patterns. If this freedom is limited, the platform is behaving as an employer.

As regards the fifth criterion, the freedom to build business relationships with potential clients is an intrinsic aspect of being self-employed. If this freedom is curtailed, and the platform retains market exclusivity with its clients, it is acting as an employer. The list of criteria is not exhaustive.

Amendment 13

Chapter II, Article 4 — Legal Presumption, point 3

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall: | Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed
  , fully respecting the autonomy of social partners,
  and supporting the sustainable growth of digital labour platforms. In particular they shall: |
| (f) | ensure that information on the application of the legal presumption is made publicly available in a clear, comprehensive and easily accessible way; |

Text proposed by the European Commission

CoR amendment

Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall:

Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed
  , fully respecting the autonomy of social partners,
  and supporting the sustainable growth of digital labour platforms. In particular they shall:

(f)

ensure that information on the application of the legal presumption is made publicly available in a clear, comprehensive and easily accessible way;

| (f) | ensure that information on the application of the legal presumption is made publicly available in a clear, comprehensive and easily accessible way; |
| --- | --- |

(f)

ensure that information on the application of the legal presumption is made publicly available in a clear, comprehensive and easily accessible way;

| (g) | develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5; |
| --- | --- |

(g)

develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

| (g) | develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5; |
| --- | --- |

(g)

develop guidance for digital labour platforms, persons performing platform work and social partners to understand and implement the legal presumption including on the procedures for rebutting it in accordance with Article 5;

| (h) | develop guidance for enforcement authorities to proactively target and
  pursue
  non-compliant digital labour platforms; |
| --- | --- |

(h)

develop guidance for enforcement authorities to proactively target and
  pursue
  non-compliant digital labour platforms;

| (h) | develop guidance for digital labour platforms and for persons performing platform work to ensure that the sector of activity to which they belong is correctly determined and to enable the full implementation of the legislation and collective agreements applicable to that sector; |
| --- | --- |

(h)

develop guidance for digital labour platforms and for persons performing platform work to ensure that the sector of activity to which they belong is correctly determined and to enable the full implementation of the legislation and collective agreements applicable to that sector;

| (i) | strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that such controls and inspections are proportionate and non-discriminatory. |
| --- | --- |

(i)

strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that such controls and inspections are proportionate and non-discriminatory.

| (i) | develop guidance for enforcement authorities to proactively target and
  prosecute
  non-compliant digital labour platforms; |
| --- | --- |

(i)

develop guidance for enforcement authorities to proactively target and
  prosecute
  non-compliant digital labour platforms;

| (j) | strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that
  the bodies responsible for enforcing legislation are given the necessary staff and training to ensure that
  such controls and inspections are
  effective,
  proportionate and non-discriminatory. |
| --- | --- |

(j)

strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while ensuring that
  the bodies responsible for enforcing legislation are given the necessary staff and training to ensure that
  such controls and inspections are
  effective,
  proportionate and non-discriminatory.

Reason

In order to ensure legal certainty and transparency for the parties concerned, it is essential to allow the presumption to clarify, beyond the status of employer, employee or self-employed, which standards, both legislative and those arising from collective agreements, fully respecting the autonomy of social partners, apply to workers and the platform.
  At the same time, enforcement authorities should be able to initiate legal proceedings against non-compliant digital labour platforms.

In addition, digital platform work may be highly dispersed, both geographically and in time, which may make monitoring it difficult with fewer staff. Moreover, such monitoring may require knowledge specific to the workings of the platform, in which the competent authorities need to be trained so that they can carry out this task
  in a manner that produces good results
  .

Amendment 14

Chapter II, Article 5 — Possibility to rebut the legal presumption

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both. | Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both. |
| Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption. | Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform
  , which must then demonstrate why the contractual relationship for which its status as employer is established under Article 4 should not be classified as an employment relationship
  . Such proceedings shall not have suspensive effect on the application of the legal presumption. |
| Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it. | Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it. |

Text proposed by the European Commission

CoR amendment

Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both.

Member States shall ensure the possibility for any of the parties to rebut the legal presumption referred to in Article 4 in legal or administrative proceedings or both.

Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform. Such proceedings shall not have suspensive effect on the application of the legal presumption.

Where the digital labour platform argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform
  , which must then demonstrate why the contractual relationship for which its status as employer is established under Article 4 should not be classified as an employment relationship
  . Such proceedings shall not have suspensive effect on the application of the legal presumption.

Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.

Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.

Reason

In order to ensure the effectiveness of the legal presumption provided for in Article 4, the detailed rules governing its rebuttal must be regulated. The burden of proof on the platform must therefore be strengthened, and must in no way weaken the legal presumption itself.

Amendment 15

Chapter III, Algorithmic management, Article 6 — Transparency on and use of automated monitoring and decision-making systems, point 3

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language. | Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form,
  in the official language(s) of the Member State in which the worker performs their work,
  using clear and plain language. |

Text proposed by the European Commission

CoR amendment

Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

Digital labour platforms shall provide the information referred to in paragraph 2 in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form,
  in the official language(s) of the Member State in which the worker performs their work,
  using clear and plain language.

Reason

Being able to receive the information referred to in this article in the official language(s) of the country where the worker works is essential to enable them to understand this information properly.

Amendment 16

Chapter III, Algorithmic management, Article 6 — Transparency on and use of automated monitoring and decision-making systems, point 5

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 5.   Digital labour platforms shall not process any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform. In particular they shall not: | 5.   Digital labour platforms shall not process any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform. In particular they shall not: |
| (a) | process any personal data on the emotional or psychological state of the platform worker; |

Text proposed by the European Commission

CoR amendment

5.   Digital labour platforms shall not process any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform. In particular they shall not:

5.   Digital labour platforms shall not process any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform. In particular they shall not:

(a)

process any personal data on the emotional or psychological state of the platform worker;

| (a) | process any personal data on the emotional or psychological state of the platform worker; |
| --- | --- |

(a)

process any personal data on the emotional or psychological state of the platform worker;

| (b) | process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (b) to (j) of Regulation (EU) 2016/679; |
| --- | --- |

(b)

process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (b) to (j) of Regulation (EU) 2016/679;

| (b) | process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (b) to (j) of Regulation (EU) 2016/679; |
| --- | --- |

(b)

process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (b) to (j) of Regulation (EU) 2016/679;

| (c) | process any personal data in relation to private conversations, including exchanges with platform workers’ representatives; |
| --- | --- |

(c)

process any personal data in relation to private conversations, including exchanges with platform workers’ representatives;

| (c) | process any personal data in relation to private conversations, including exchanges with platform workers’ representatives; |
| --- | --- |

(c)

process any personal data in relation to private conversations, including exchanges with platform workers’ representatives;

| (d) | collect any personal data while the platform worker is not offering or performing platform work. |
| --- | --- |

(d)

collect any personal data while the platform worker is not offering or performing platform work.

| (d) | use any data collected to establish or infer membership in or affiliation to a trade union or participation in a trade union activity; |
| --- | --- |

(d)

use any data collected to establish or infer membership in or affiliation to a trade union or participation in a trade union activity;

use any data collected to establish or infer membership in or affiliation to a trade union or participation in a trade union activity;

| (e) | collect any personal data while the platform worker is not offering or performing platform work. |
| --- | --- |

(e)

collect any personal data while the platform worker is not offering or performing platform work.

Reason

Reason

Beyond exchanges with workers’ representatives, it is essential to prevent the use of workers’ data aimed at limiting, preventing or penalising workers' organisation and collective action.

Amendment 17

Amendment 17

Chapter III, Algorithmic management, Article 7 — Human monitoring of automated systems, point 2

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Without prejudice to Council Directive 89/391/EEC and related directives in the field of safety and health at work, digital labour platforms shall: | Without prejudice to Council Directive 89/391/EEC and related directives in the field of safety and health at work, digital labour platforms shall: |
| (a) | evaluate the risks of automated monitoring and decision-making systems to the safety and health of platform workers, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks; |

Text proposed by the European Commission

CoR amendment

Without prejudice to Council Directive 89/391/EEC and related directives in the field of safety and health at work, digital labour platforms shall:

Without prejudice to Council Directive 89/391/EEC and related directives in the field of safety and health at work, digital labour platforms shall:

(a)

evaluate the risks of automated monitoring and decision-making systems to the safety and health of platform workers, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;

| (a) | evaluate
  , involving and consulting workers or through their representatives,
  the risks of automated monitoring and decision-making systems to the safety and health of platform workers, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks; |
| --- | --- |

(a)

evaluate
  , involving and consulting workers or through their representatives,
  the risks of automated monitoring and decision-making systems to the safety and health of platform workers, in particular as regards possible risks of work-related accidents, psychosocial and ergonomic risks;

, involving and consulting workers or through their representatives,

| (b) | assess whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment; |
| --- | --- |

(b)

assess whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment;

| (b) | assess
  , involving and consulting workers or through their representatives,
  whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment; |
| --- | --- |

(b)

assess
  , involving and consulting workers or through their representatives,
  whether the safeguards of those systems are appropriate for the risks identified in view of the specific characteristics of the work environment;

, involving and consulting workers or through their representatives,

| (c) | introduce appropriate preventive and protective measures. |
| --- | --- |

(c)

introduce appropriate preventive and protective measures.

| (c) | introduce
  , involving and consulting workers or through their representatives,
  appropriate preventive and protective measures. |
| --- | --- |

(c)

introduce
  , involving and consulting workers or through their representatives,
  appropriate preventive and protective measures.

, involving and consulting workers or through their representatives,

| (d) | Digital labour platforms shall make the above-mentioned information available to labour authorities, social protection authorities and other authorities responsible for health and safety at work, and to the representatives of persons performing platform work when carrying out their representative duties. |
| --- | --- |

(d)

Digital labour platforms shall make the above-mentioned information available to labour authorities, social protection authorities and other authorities responsible for health and safety at work, and to the representatives of persons performing platform work when carrying out their representative duties.

Digital labour platforms shall make the above-mentioned information available to labour authorities, social protection authorities and other authorities responsible for health and safety at work, and to the representatives of persons performing platform work when carrying out their representative duties.

Reason

Reason

While it is essential that digital labour platforms assess and prevent the risks posed by automated monitoring and decision-making systems to the safety and health of platform workers, self-regulation is insufficient. It is equally essential to involve labour, social protection and other authorities responsible for health and safety at work in this process
  , along with workers themselves and their representatives
  .

, along with workers themselves and their representatives

Amendment 18

Amendment 18

Chapter III, Algorithmic management, Article 8 — Human review of significant decisions, point 1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Human
  review
  of significant decisions | Human
  oversight
  of significant decisions |
| 1.   Member States shall ensure that platform workers have the right to obtain an explanation from the digital labour platform for any decision
  taken or
  supported by an automated decision-making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function. | 1.   Member States shall ensure that platform workers have the right to obtain an explanation,
  in the official language(s) of the Member State in which the worker performs their work,
  from the digital labour platform for any decision supported by an automated decision-making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function. |
| Digital labour platforms shall provide the platform worker with a written statement of the reasons for any decision
  taken or
  supported by an automated decision-making system to restrict, suspend or terminate the platform worker’s account, any decision to refuse the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects. | |
| | Digital labour platforms shall ensure that any decision to restrict, suspend or terminate the platform worker's account, any decision affecting and changing the working conditions of the platform worker, such as refusing or changing the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects including restrictions on working time, is not based solely on automated processing.
  Digital labour platforms shall provide the platform worker with a written statement of the reasons for any decision supported by an automated decision-making system to restrict, suspend or terminate the platform worker’s account, any decision to refuse
  or change the working conditions of the platform worker, such as
  the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects.


  Such platforms shall provide the platform worker with the contact details of the contact person designated by the digital labour platform to discuss and clarify the facts, circumstances and reasons that led to the decision.




  Digital labour platforms shall provide the platform worker, at his or her request, with the history of the evaluations or ratings provided by the recipients of their services, while guaranteeing their right to be forgotten and to rectification under the General Data Protection Regulation

   (1). |

Text proposed by the European Commission

CoR amendment

Human
  review
  of significant decisions

review

Human
  oversight
  of significant decisions

oversight

1.   Member States shall ensure that platform workers have the right to obtain an explanation from the digital labour platform for any decision
  taken or
  supported by an automated decision-making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.

1.   Member States shall ensure that platform workers have the right to obtain an explanation,
  in the official language(s) of the Member State in which the worker performs their work,
  from the digital labour platform for any decision supported by an automated decision-making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.

Digital labour platforms shall provide the platform worker with a written statement of the reasons for any decision
  taken or
  supported by an automated decision-making system to restrict, suspend or terminate the platform worker’s account, any decision to refuse the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects.

taken or

Digital labour platforms shall ensure that any decision to restrict, suspend or terminate the platform worker's account, any decision affecting and changing the working conditions of the platform worker, such as refusing or changing the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects including restrictions on working time, is not based solely on automated processing.
  Digital labour platforms shall provide the platform worker with a written statement of the reasons for any decision supported by an automated decision-making system to restrict, suspend or terminate the platform worker’s account, any decision to refuse
  or change the working conditions of the platform worker, such as
  the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects.

Digital labour platforms shall ensure that any decision to restrict, suspend or terminate the platform worker's account, any decision affecting and changing the working conditions of the platform worker, such as refusing or changing the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects including restrictions on working time, is not based solely on automated processing.

or change the working conditions of the platform worker, such as

Such platforms shall provide the platform worker with the contact details of the contact person designated by the digital labour platform to discuss and clarify the facts, circumstances and reasons that led to the decision.

Such platforms shall provide the platform worker with the contact details of the contact person designated by the digital labour platform to discuss and clarify the facts, circumstances and reasons that led to the decision.

Digital labour platforms shall provide the platform worker, at his or her request, with the history of the evaluations or ratings provided by the recipients of their services, while guaranteeing their right to be forgotten and to rectification under the General Data Protection Regulation

   (1).

Digital labour platforms shall provide the platform worker, at his or her request, with the history of the evaluations or ratings provided by the recipients of their services, while guaranteeing their right to be forgotten and to rectification under the General Data Protection Regulation

1

Reason

Reason

The worker’s rights and obligations must be clearly set out, addressing more than the mere submission of the request by the worker.

Moreover, in addition to the right to have a decision supported by algorithms
  objectively and rationally
  justified, platform workers must have the right to a decision taken by a human manager or supervisor, capable of taking into account the context in which it applies, going beyond factors provided for by an algorithm. This right not to be subject to a decision based solely on automated processing is recognised in Article 22 of the General Data Protection Regulation (GDPR).

objectively and rationally

It should also be noted that the portability of workers' data is essential for their professional development. It is therefore important that platform workers can demonstrate their experience and the quality of their work on a platform to another employer or platform. Lastly, digital labour platforms must provide access to a contact person, including practical information.

Amendment 19

Amendment 19

Chapter III, Algorithmic management, Article 9 — Information and consultation, point 3

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than
  500
  platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate. | The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than
  50
  platform workers in a Member State
  in line with the scope of Directive 2002/14/EC as laid down in its Article 3(a)
  , the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate. |

Text proposed by the European Commission

CoR amendment

The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than
  500
  platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

500

The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than
  50
  platform workers in a Member State
  in line with the scope of Directive 2002/14/EC as laid down in its Article 3(a)
  , the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.

50

in line with the scope of Directive 2002/14/EC as laid down in its Article 3(a)

Reason

Reason

Directive 2002/14, referred to in Article 9(1), provides in its
  Article 3(a)
  for derogations for SMEs, referring to thresholds of 20 and 50 workers. It would seem sensible to incorporate these thresholds laid down in EU law into the draft directive, in order to avoid the multiplication of different thresholds in legislative instruments applying to the same companies and to ensure the clarity of the applicable provisions. The threshold of 500 platform workers creates administrative and financial constraints for the access of platform workers and their representatives to an expert when defending their rights to information and consultation.

Article 3(a)

Amendment 20

Amendment 20

Final provisions, Article 20 — Non-regression and more favourable provisions, point 2

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 2.   This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market. | 2.   This Directive
  lays down minimum requirements and may not prevent a Member State from maintaining or introducing more stringent protective measures for workers. It
  shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market. |

Text proposed by the European Commission

CoR amendment

2.   This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.

2.   This Directive
  lays down minimum requirements and may not prevent a Member State from maintaining or introducing more stringent protective measures for workers. It
  shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.

Reason

Reason

Pursuant to Article 153.2b TFEU, the Directive lays down minimum requirements for improving working conditions in platform work. Member States therefore can maintain or introduce any other more favourable measures applying to platform workers but also to all workers.

Amendment 21

Amendment 21

Final provisions, Article 22 — Review by the Commission

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| By [5 years after entry into force], the Commission shall, after consulting the Member States, the social partners at Union level and key stakeholders, and taking into account the impact on micro, small and medium-sized enterprises, review the implementation of this Directive and propose, where appropriate, legislative amendments. | By [5 years after entry into force], the Commission shall, after consulting the Member States, the social partners at Union level and key stakeholders,
  including the European Committee of the Regions,
  and taking into account the impact on micro, small and medium-sized enterprises, review the implementation of this Directive and propose, where appropriate, legislative amendments. |

Text proposed by the European Commission

CoR amendment

By [5 years after entry into force], the Commission shall, after consulting the Member States, the social partners at Union level and key stakeholders, and taking into account the impact on micro, small and medium-sized enterprises, review the implementation of this Directive and propose, where appropriate, legislative amendments.

By [5 years after entry into force], the Commission shall, after consulting the Member States, the social partners at Union level and key stakeholders,
  including the European Committee of the Regions,
  and taking into account the impact on micro, small and medium-sized enterprises, review the implementation of this Directive and propose, where appropriate, legislative amendments.

including the European Committee of the Regions,

Reason

Reason

Local and regional authorities, which the European Committee of the Regions represents at European level, are able to take action to improve the working conditions of platform workers.

II.   POLICY RECOMMENDATIONS

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS,

| 1. | welcomes the package of measures ‘to improve the working conditions in platform work and to support the sustainable growth of digital labour platforms in the EU’ proposed by the European Commission on 9 December 2021; |
| --- | --- |

1.

welcomes the package of measures ‘to improve the working conditions in platform work and to support the sustainable growth of digital labour platforms in the EU’ proposed by the European Commission on 9 December 2021;

| 2. | agrees with the Commission’s analysis that the misclassification of a worker’s status and the consequences of this have an impact beyond the framework of platform work, although they are particularly serious and urgent in the platform economy; |
| --- | --- |

2.

agrees with the Commission’s analysis that the misclassification of a worker’s status and the consequences of this have an impact beyond the framework of platform work, although they are particularly serious and urgent in the platform economy;

| 3. | emphasises that algorithmic management and its consequences for workers, both employed and self-employed, also have an impact beyond the framework of platform work, where they are intrinsic to the platforms’ business model; |
| --- | --- |

3.

emphasises that algorithmic management and its consequences for workers, both employed and self-employed, also have an impact beyond the framework of platform work, where they are intrinsic to the platforms’ business model;

| 4. | notes that its opinion (1) on work on digital platforms highlighted the challenges for platform workers posed by these two phenomena; |
| --- | --- |

4.

notes that its opinion (1

| 5. | welcomes the fact that the European Commission’s proposal for a directive proposes a general framework to tackle the misclassification of employment status in the context of platform work and establishes new material rights for people performing platform work to ensure fairness, transparency and accountability in algorithmic management; |
| --- | --- |

5.

welcomes the fact that the European Commission’s proposal for a directive proposes a general framework to tackle the misclassification of employment status in the context of platform work and establishes new material rights for people performing platform work to ensure fairness, transparency and accountability in algorithmic management;

Rebuttable presumption of an employment relationship

Rebuttable presumption of an employment relationship

| 6. | welcomes the mechanism of the rebuttable presumption of an employment relationship and the reversal of the burden of proof provided for in the directive to correctly determine the employment status of persons performing platform work; thus, the contractual relationship is ultimately assessed and determined at national level; |
| --- | --- |

6.

welcomes the mechanism of the rebuttable presumption of an employment relationship and the reversal of the burden of proof provided for in the directive to correctly determine the employment status of persons performing platform work; thus, the contractual relationship is ultimately assessed and determined at national level;

| 7. | emphasises the importance of the presumption of an employment relationship giving the platform workers concerned access to all the rights derived from legislation or collective agreements that guarantee the status of self-employed person or employee, including the right to training; |
| --- | --- |

7.

emphasises the importance of the presumption of an employment relationship giving the platform workers concerned access to all the rights derived from legislation or collective agreements that guarantee the status of self-employed person or employee, including the right to training;

| 8. | also emphasises that application of the presumption of an employment relationship requires platforms to fulfil their obligations, under the applicable national law, in terms of labour and income taxation, due diligence and corporate social responsibility; |
| --- | --- |

8.

also emphasises that application of the presumption of an employment relationship requires platforms to fulfil their obligations, under the applicable national law, in terms of labour and income taxation, due diligence and corporate social responsibility;

| 9. | believes that the rebuttable presumption of an employment relationship will also benefit genuine self-employed workers, in that it will require platforms to stop any subordination of these workers and provide them with all the flexibility implicit in their status; |
| --- | --- |

9.

believes that the rebuttable presumption of an employment relationship will also benefit genuine self-employed workers, in that it will require platforms to stop any subordination of these workers and provide them with all the flexibility implicit in their status;

Algorithmic management

Algorithmic management

| 10. | welcomes the directive’s provisions aimed at protecting platform workers from the risks associated with automated monitoring and decision-making systems and algorithmic management; |
| --- | --- |

10.

welcomes the directive’s provisions aimed at protecting platform workers from the risks associated with automated monitoring and decision-making systems and algorithmic management;

| 11. | welcomes, in this context, the proposed rules on remedies and enforcement. There have been and continue to be enforcement shortcomings, particularly in cases with an international dimension. International enforcement is difficult, especially in relation to platform companies. Efficient cooperation must be ensured between Member State authorities and legal rights must be enforceable in a timely manner across borders; |
| --- | --- |

11.

welcomes, in this context, the proposed rules on remedies and enforcement. There have been and continue to be enforcement shortcomings, particularly in cases with an international dimension. International enforcement is difficult, especially in relation to platform companies. Efficient cooperation must be ensured between Member State authorities and legal rights must be enforceable in a timely manner across borders;

| 12. | welcomes the fact that the proposal does not affect national definitions of workers and that the proposed procedure is intended to ascertain whether the contractual relationship is an employment relationship in accordance with national definitions; |
| --- | --- |

12.

welcomes the fact that the proposal does not affect national definitions of workers and that the proposed procedure is intended to ascertain whether the contractual relationship is an employment relationship in accordance with national definitions;

| 13. | stresses the importance of a decision taken by a human person for any decision relating to human resources, such as a worker's earnings or promotion or the restriction or suspension of their work; |
| --- | --- |

13.

stresses the importance of a decision taken by a human person for any decision relating to human resources, such as a worker's earnings or promotion or the restriction or suspension of their work;

| 14. | notes the increased use of algorithmic management and automated monitoring and decision-making systems outside platform work; |
| --- | --- |

14.

notes the increased use of algorithmic management and automated monitoring and decision-making systems outside platform work;

| 15. | calls on the European Commission to propose a regulatory framework to extend the algorithmic management rights granted to platform workers, both employed and self-employed, to all workers subject to automated monitoring and decision-making systems in the course of their work, including outside platform work; |
| --- | --- |

15.

calls on the European Commission to propose a regulatory framework to extend the algorithmic management rights granted to platform workers, both employed and self-employed, to all workers subject to automated monitoring and decision-making systems in the course of their work, including outside platform work;

| 16. | calls for a system to be made available through labour platforms’ digital infrastructure for platform workers to provide feedback on automated monitoring and decision-making systems. This could be a key indicator and component for effectively monitoring automated systems, thus contributing both to quality assurance in terms of fundamental rights protection and to higher job satisfaction; |
| --- | --- |

16.

calls for a system to be made available through labour platforms’ digital infrastructure for platform workers to provide feedback on automated monitoring and decision-making systems. This could be a key indicator and component for effectively monitoring automated systems, thus contributing both to quality assurance in terms of fundamental rights protection and to higher job satisfaction;

Protection for the self-employed

Protection for the self-employed

| 17. | emphasises the need for digital platforms to provide full information on working conditions and any relevant significant decisions to platform workers in the official language(s) of the Member State in which the worker performs their work, and whenever possible, in the platform worker's language or the most widely spoken language of the region; |
| --- | --- |

17.

emphasises the need for digital platforms to provide full information on working conditions and any relevant significant decisions to platform workers in the official language(s) of the Member State in which the worker performs their work, and whenever possible, in the platform worker's language or the most widely spoken language of the region;

| 18. | calls on the Member States to fully implement Council Recommendation 2019/C 387/01 on access to social protection (2) for workers and the self-employed in order to ensure formal and effective coverage, adequacy and transparency of social protection schemes for all workers, both employed and self-employed; |
| --- | --- |

18.

calls on the Member States to fully implement Council Recommendation 2019/C 387/01 on access to social protection (2

| 19. | draws attention to the gender dimension of these rules. In particular, women with care responsibilities welcome the flexibility that platform-based work offers in terms of working hours and, in some cases, workplace. Algorithmic management of working hours which, among other things, penalises workers for periods of ‘low productivity’ can hit women hardest; |
| --- | --- |

19.

draws attention to the gender dimension of these rules. In particular, women with care responsibilities welcome the flexibility that platform-based work offers in terms of working hours and, in some cases, workplace. Algorithmic management of working hours which, among other things, penalises workers for periods of ‘low productivity’ can hit women hardest;

| 20. | stresses the importance of the draft guidelines on the application of EU competition law to collective agreements for self-employed workers without employees, put forward by the European Commission to clarify the organisational arrangements that self-employed workers without employees can adopt in their relationship with platforms, including their ability to set up professional organisations; |
| --- | --- |

20.

stresses the importance of the draft guidelines on the application of EU competition law to collective agreements for self-employed workers without employees, put forward by the European Commission to clarify the organisational arrangements that self-employed workers without employees can adopt in their relationship with platforms, including their ability to set up professional organisations;

| 21. | points out that platform workers are often prevented from exercising their fundamental rights to freedom of association and collective bargaining, not least due to the lack of shared means of communication and opportunities to meet online or in person. Appropriate communication channels and access rights for trade unions must therefore be ensured through labour platforms’ digital infrastructure; |
| --- | --- |

21.

points out that platform workers are often prevented from exercising their fundamental rights to freedom of association and collective bargaining, not least due to the lack of shared means of communication and opportunities to meet online or in person. Appropriate communication channels and access rights for trade unions must therefore be ensured through labour platforms’ digital infrastructure;

| 22. | reiterates that these guidelines should only concern individuals correctly classified as self-employed workers without employees and not workers who may be reclassified under the legal presumption provided for in the directive; |
| --- | --- |

22.

reiterates that these guidelines should only concern individuals correctly classified as self-employed workers without employees and not workers who may be reclassified under the legal presumption provided for in the directive;

Local and regional dimension

Local and regional dimension

| 23. | is disappointed that the proposal for a directive makes no reference to local and regional authorities, even though in many Member States, it is sub-national authorities that are responsible for implementing labour legislation and determining the status of workers; |
| --- | --- |

23.

is disappointed that the proposal for a directive makes no reference to local and regional authorities, even though in many Member States, it is sub-national authorities that are responsible for implementing labour legislation and determining the status of workers;

| 24. | calls on the Member States and local and regional authorities to support local initiatives to ensure fairer platform work, such as the creation of digital labour platforms with the status of workers’ cooperatives and to reduce the existing digital divide in different geographical and demographic contexts (less developed regions); |
| --- | --- |

24.

calls on the Member States and local and regional authorities to support local initiatives to ensure fairer platform work, such as the creation of digital labour platforms with the status of workers’ cooperatives and to reduce the existing digital divide in different geographical and demographic contexts (less developed regions);

| 25. | further recalls also that the opinion of the European Committee of the Regions on ‘Platform work — local and regional regulatory challenges (3)’ highlighted the capacity of local and regional authorities to take action to improve the working conditions of platform workers, whether by introducing social support measures for atypical forms of employment, by including in the parameters for awarding public contracts open to platforms social criteria relating to working conditions on platforms, or by using labour inspectorates or an equivalent body or institution to root out, within the scope of their competences, the fraudulent classification of workers; |
| --- | --- |

25.

further recalls also that the opinion of the European Committee of the Regions on ‘Platform work — local and regional regulatory challenges (3

| 26. | notes that it is important not only to ensure that local and regional authorities are involved in improving working conditions in the context of platform work, but also to ensure that they are given support and training in order to strengthen their skills in this area, especially as they may be entrusted with legislative monitoring and enforcement tasks; |
| --- | --- |

26.

notes that it is important not only to ensure that local and regional authorities are involved in improving working conditions in the context of platform work, but also to ensure that they are given support and training in order to strengthen their skills in this area, especially as they may be entrusted with legislative monitoring and enforcement tasks;

Proportionality and subsidiarity

Proportionality and subsidiarity

| 27. | considers that the draft directive complies with the requirements of the proportionality and subsidiarity principles. The added value of EU action in this field and the appropriateness of the legal bases chosen by the Commission are clear and consistent. The European Committee of the Regions also welcomes the fact that the Commission has included a subsidiarity assessment grid to accompany its legislative proposal. |
| --- | --- |

27.

considers that the draft directive complies with the requirements of the proportionality and subsidiarity principles. The added value of EU action in this field and the appropriateness of the legal bases chosen by the Commission are clear and consistent. The European Committee of the Regions also welcomes the fact that the Commission has included a subsidiarity assessment grid to accompany its legislative proposal.

Brussels, 29 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

---

(1)  Regulation (EU) 2016/679
  of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

1

Regulation (EU) 2016/679

of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(1)  COR-2019-02655.

1

(2)  Council Recommendation of 8 November 2019 on access to social protection for workers and the self-employed (OJ C 387, 15.11.2019, p. 1).

2

(3)  COR-2019-02655

3

---

| 30.9.2022 | EN | Official Journal of the European Union | C 375/64 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/64

---

Opinion of the European Committee of the Regions — Proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings

(2022/C 375/09)

| Rapporteur: | André VIOLA (FR/PES), Member of a Local Executive: Departmental Council of Aude |
| --- | --- |
| Reference document: | Proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings (recast)
  COM(2021) 802 |

Rapporteur:

André VIOLA (FR/PES), Member of a Local Executive: Departmental Council of Aude

Reference document:

Proposal for a Directive of the European Parliament and of the Council on the energy performance of buildings (recast)

COM(2021) 802

I.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Recital 6

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Buildings account for
  40 %
  of final energy consumption in the Union and 36 % of its energy-related greenhouse gas emissions. Therefore, reduction of energy consumption, in line with the energy efficiency first principle as laid down in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999 of the European Parliament and of the Council and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the Union's greenhouse gas emissions. Reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the Union's energy dependency, promoting security of energy supply, technological developments and in creating opportunities for employment and regional development, in particular in islands and rural areas. | Buildings account for
  39 %
  of final energy consumption in the Union
  , 28 % being operational consumption and 11 % building materials and construction (embodied carbon),
  and 36 % of its energy-related greenhouse gas emissions. Therefore, reduction of
  the demand for energy, materials, land and
  energy consumption, in line with the energy efficiency first principle as laid down in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999 of the European Parliament and of the Council and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the Union's greenhouse gas emissions. Reduced
  demand for energy, materials and land,
  energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the Union's energy
  and materials
  dependency, promoting security of energy
  and materials
  supply, technological developments and in creating opportunities for employment and regional development, in particular in islands and rural areas. |

Text proposed by the European Commission

CoR amendment

Buildings account for
  40 %
  of final energy consumption in the Union and 36 % of its energy-related greenhouse gas emissions. Therefore, reduction of energy consumption, in line with the energy efficiency first principle as laid down in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999 of the European Parliament and of the Council and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the Union's greenhouse gas emissions. Reduced energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the Union's energy dependency, promoting security of energy supply, technological developments and in creating opportunities for employment and regional development, in particular in islands and rural areas.

Buildings account for
  39 %
  of final energy consumption in the Union
  , 28 % being operational consumption and 11 % building materials and construction (embodied carbon),
  and 36 % of its energy-related greenhouse gas emissions. Therefore, reduction of
  the demand for energy, materials, land and
  energy consumption, in line with the energy efficiency first principle as laid down in Article 3 [revised EED] and defined in Article 2(18) of Regulation (EU) 2018/1999 of the European Parliament and of the Council and the use of energy from renewable sources in the buildings sector constitute important measures needed to reduce the Union's greenhouse gas emissions. Reduced
  demand for energy, materials and land,
  energy consumption and an increased use of energy from renewable sources also have an important part to play in reducing the Union's energy
  and materials
  dependency, promoting security of energy
  and materials
  supply, technological developments and in creating opportunities for employment and regional development, in particular in islands and rural areas.

Reason

Adding a more explicit reference to circularity.

Amendment 2

Recital 7

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Buildings are responsible for greenhouse gas emissions before, during and after their operational lifetime. The 2050 vision for a decarbonised building stock goes beyond the current focus on operational greenhouse gas emissions. The whole life-cycle emissions of buildings should therefore
  progressively
  be taken into account,
  starting with
  new buildings. Buildings are a significant material bank, being repositories for resources over many decades, and the design options largely influence the whole life-cycle emissions both for new buildings and renovations. The whole life-cycle performance of buildings should be taken into account not only in new construction, but also in renovations through the inclusion of policies for the reduction of whole life-cycle greenhouse gas emissions in Member States' building renovation plans. | Buildings are responsible for greenhouse gas emissions before, during and after their operational lifetime. The 2050 vision for a decarbonised building stock goes beyond the current focus on operational greenhouse gas emissions. The whole life-cycle emissions of buildings should therefore be taken into account
  from now onwards, for both
  new buildings
  and existing ones when renovated
  . Buildings are a significant material bank, being repositories for resources over many decades, and the design options largely influence the whole life-cycle emissions both for new buildings and renovations. The whole life-cycle performance of buildings should be taken into account not only in new construction, but also in renovations through the inclusion of policies for the reduction of whole life-cycle greenhouse gas emissions in Member States' building renovation plans.
  The involvement of local and regional authorities in the process of developing these policies is essential to ensure that the transition takes place at all levels. |

Text proposed by the European Commission

CoR amendment

Buildings are responsible for greenhouse gas emissions before, during and after their operational lifetime. The 2050 vision for a decarbonised building stock goes beyond the current focus on operational greenhouse gas emissions. The whole life-cycle emissions of buildings should therefore
  progressively
  be taken into account,
  starting with
  new buildings. Buildings are a significant material bank, being repositories for resources over many decades, and the design options largely influence the whole life-cycle emissions both for new buildings and renovations. The whole life-cycle performance of buildings should be taken into account not only in new construction, but also in renovations through the inclusion of policies for the reduction of whole life-cycle greenhouse gas emissions in Member States' building renovation plans.

Buildings are responsible for greenhouse gas emissions before, during and after their operational lifetime. The 2050 vision for a decarbonised building stock goes beyond the current focus on operational greenhouse gas emissions. The whole life-cycle emissions of buildings should therefore be taken into account
  from now onwards, for both
  new buildings
  and existing ones when renovated
  . Buildings are a significant material bank, being repositories for resources over many decades, and the design options largely influence the whole life-cycle emissions both for new buildings and renovations. The whole life-cycle performance of buildings should be taken into account not only in new construction, but also in renovations through the inclusion of policies for the reduction of whole life-cycle greenhouse gas emissions in Member States' building renovation plans.
  The involvement of local and regional authorities in the process of developing these policies is essential to ensure that the transition takes place at all levels.

Reason

Without including existing buildings the climate neutrality objective will be out of reach.

Amendment 3

Recital 8

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Minimizing the whole life-cycle greenhouse gas emissions of buildings requires resource efficiency and circularity. This can also be combined with turning parts of the building stock into a temporary carbon sink. | Minimising the whole life-cycle greenhouse gas emissions of buildings requires
  sufficiency policies that avoid in the first place the demand for energy, materials, land and water,
  resource efficiency and circularity. This can also be combined with turning parts of the building stock into a temporary carbon sink.
  To achieve zero embodied emissions would require reduction, reuse and optimisation of materials, designing carbon sequestering sites and the use of carbon sequestering materials. |

Text proposed by the European Commission

CoR amendment

Minimizing the whole life-cycle greenhouse gas emissions of buildings requires resource efficiency and circularity. This can also be combined with turning parts of the building stock into a temporary carbon sink.

Minimising the whole life-cycle greenhouse gas emissions of buildings requires
  sufficiency policies that avoid in the first place the demand for energy, materials, land and water,
  resource efficiency and circularity. This can also be combined with turning parts of the building stock into a temporary carbon sink.
  To achieve zero embodied emissions would require reduction, reuse and optimisation of materials, designing carbon sequestering sites and the use of carbon sequestering materials.

Reason

Energy sufficiency is a powerful strategy to achieve climate objectives. Embodied emissions must also be taken into account.

Amendment 4

Recital 9

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The global warming potential over the whole life-cycle indicates the building’s overall contribution to emissions that lead to climate change. It brings together greenhouse gas emissions embodied in construction products with direct and indirect emissions from the use stage. A requirement to calculate the life-cycle global warming potential of new buildings therefore constitutes a first step towards increased consideration of the whole life-cycle performance of buildings and a circular economy. | The global warming potential over the whole life-cycle indicates the building’s overall contribution to emissions that lead to climate change. It brings together greenhouse gas emissions embodied in construction products with direct and indirect emissions from the use stage. A requirement to calculate the life-cycle global warming potential of new buildings
  and existing ones when they undergo renovation
  therefore constitutes a first step towards increased consideration of the whole life-cycle performance of buildings and a circular economy. |

Text proposed by the European Commission

CoR amendment

The global warming potential over the whole life-cycle indicates the building’s overall contribution to emissions that lead to climate change. It brings together greenhouse gas emissions embodied in construction products with direct and indirect emissions from the use stage. A requirement to calculate the life-cycle global warming potential of new buildings therefore constitutes a first step towards increased consideration of the whole life-cycle performance of buildings and a circular economy.

The global warming potential over the whole life-cycle indicates the building’s overall contribution to emissions that lead to climate change. It brings together greenhouse gas emissions embodied in construction products with direct and indirect emissions from the use stage. A requirement to calculate the life-cycle global warming potential of new buildings
  and existing ones when they undergo renovation
  therefore constitutes a first step towards increased consideration of the whole life-cycle performance of buildings and a circular economy.

Reason

Self-explanatory.

Amendment 5

Recital 10

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Buildings are responsible for about half of primary fine particulate matter (PM 2,5 ) emissions in the EU that cause premature death and illness.
  Improving
  energy performance of buildings can and should reduce pollutant emissions at the same time, in line with Directive (EU) 2016/2284 of the European Parliament and the Council (1). | Buildings are responsible for about half of primary fine particulate matter (PM 2,5 ) emissions in the EU that cause premature death and illness.
  Reducing the demand for energy and materials and improving
  energy performance of buildings can and should reduce pollutant emissions at the same time, in line with Directive (EU) 2016/2284 of the European Parliament and the Council (1)

  and therefore contributing to the Zero Pollution ambition
  . |

Text proposed by the European Commission

CoR amendment

Buildings are responsible for about half of primary fine particulate matter (PM 2,5 ) emissions in the EU that cause premature death and illness.
  Improving
  energy performance of buildings can and should reduce pollutant emissions at the same time, in line with Directive (EU) 2016/2284 of the European Parliament and the Council (1).

Buildings are responsible for about half of primary fine particulate matter (PM 2,5 ) emissions in the EU that cause premature death and illness.
  Reducing the demand for energy and materials and improving
  energy performance of buildings can and should reduce pollutant emissions at the same time, in line with Directive (EU) 2016/2284 of the European Parliament and the Council (1)

  and therefore contributing to the Zero Pollution ambition
  .

Reason

Adding a more explicit reference to circularity and zero pollution.

Amendment 6

Recital 11

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Measures to improve further the energy performance of buildings should take into account climatic, including adaptation to climate change, local conditions as well as indoor climate environment and cost-effectiveness. Those measures should not affect other requirements concerning buildings such as accessibility, fire safety and seismic safety and the intended use of the building such as accessibility, fire safety and seismic safety and the intended use of the building. | Measures to
  avoid the demand for energy and materials and to
  improve further the energy performance of buildings should take into account climatic, including adaptation to climate change, local conditions as well as indoor climate environment and cost-effectiveness
  which should take into account environmental, societal and health externalities, making the most of measures available at the district level
  . Those measures should not affect other requirements concerning buildings such as accessibility, fire safety and seismic safety and the intended use of the building such as accessibility, fire safety and seismic safety and the intended use of the building. |

Text proposed by the European Commission

CoR amendment

Measures to improve further the energy performance of buildings should take into account climatic, including adaptation to climate change, local conditions as well as indoor climate environment and cost-effectiveness. Those measures should not affect other requirements concerning buildings such as accessibility, fire safety and seismic safety and the intended use of the building such as accessibility, fire safety and seismic safety and the intended use of the building.

Measures to
  avoid the demand for energy and materials and to
  improve further the energy performance of buildings should take into account climatic, including adaptation to climate change, local conditions as well as indoor climate environment and cost-effectiveness
  which should take into account environmental, societal and health externalities, making the most of measures available at the district level
  . Those measures should not affect other requirements concerning buildings such as accessibility, fire safety and seismic safety and the intended use of the building such as accessibility, fire safety and seismic safety and the intended use of the building.

Reason

Self-evident.

Amendment 7

New recital 11

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | Sufficiency measures that avoid in the first place the demand for energy, materials, land and water from buildings should be considered over the life cycle of buildings including at the design phase, the operational phase and the end of life of buildings. These measures should prioritise repurposing unused existing buildings over constructing new ones and the development of compact neighbourhoods over urban sprawl, passive heating and cooling solutions over mechanical ones, reusing construction materials over new ones and better management of existing buildings.




  Member States, in cooperation with local and regional authorities, should indicate in their building renovation plans sufficiency policies and measures aiming to avoid in the first place the demand for energy, materials, land and water over the lifecycle of buildings at the design phase, the operational phase and the end of life of buildings. |

Text proposed by the European Commission

CoR amendment

Sufficiency measures that avoid in the first place the demand for energy, materials, land and water from buildings should be considered over the life cycle of buildings including at the design phase, the operational phase and the end of life of buildings. These measures should prioritise repurposing unused existing buildings over constructing new ones and the development of compact neighbourhoods over urban sprawl, passive heating and cooling solutions over mechanical ones, reusing construction materials over new ones and better management of existing buildings.

Member States, in cooperation with local and regional authorities, should indicate in their building renovation plans sufficiency policies and measures aiming to avoid in the first place the demand for energy, materials, land and water over the lifecycle of buildings at the design phase, the operational phase and the end of life of buildings.

Reason

Energy sufficiency is a powerful strategy to achieve climate objectives.

Amendment 8

Recital 13

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Member States should set minimum requirements for the energy performance of buildings and building elements with a view to achieving
  the cost-optimal balance between the investments involved and the energy costs saved
  throughout the lifecycle of the building,
  without prejudice to the right of Member States to set minimum requirements which are more energy efficient than cost-optimal energy efficiency levels. Provision should be made for the possibility for Member States to review regularly their minimum energy performance requirements for buildings in the light of technical progress. | Member States should set minimum requirements for the energy performance of buildings and building elements with a view to achieving
  zero or nearly- zero carbon emission
  throughout the lifecycle
  of the building. Climate-positive buildings should also be promoted, in order to ensure the carbon neutrality
  of the building
  stock as a whole.




  A thorough involvement of local and regional authorities is essential in setting these requirements to ensure real and effective reductions
  . |

Text proposed by the European Commission

CoR amendment

Member States should set minimum requirements for the energy performance of buildings and building elements with a view to achieving
  the cost-optimal balance between the investments involved and the energy costs saved
  throughout the lifecycle of the building,
  without prejudice to the right of Member States to set minimum requirements which are more energy efficient than cost-optimal energy efficiency levels. Provision should be made for the possibility for Member States to review regularly their minimum energy performance requirements for buildings in the light of technical progress.

Member States should set minimum requirements for the energy performance of buildings and building elements with a view to achieving
  zero or nearly- zero carbon emission
  throughout the lifecycle
  of the building. Climate-positive buildings should also be promoted, in order to ensure the carbon neutrality
  of the building
  stock as a whole.

A thorough involvement of local and regional authorities is essential in setting these requirements to ensure real and effective reductions
  .

Reason

Minimum requirement must be aligned with climate neutrality to avoid carbon lock-in effect.

Amendment 9

Recital 14

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of
  2027
  , with the exception of those selected for investment, before 2027, under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase-out policies and measures. | Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States
  , in close cooperation with local and regional authorities,
  should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of
  2025
  , with the exception of those selected for investment, before 2027, under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase-out policies and measures. |

Text proposed by the European Commission

CoR amendment

Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of
  2027
  , with the exception of those selected for investment, before 2027, under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase-out policies and measures.

Two-thirds of the energy used for heating and cooling of buildings still comes from fossil fuels. In order to decarbonise the building sector, it is of particular importance to phase out fossil fuel in heating and cooling. Therefore, Member States
  , in close cooperation with local and regional authorities,
  should indicate their national policies and measures to phase out fossil fuels in heating and cooling in their building renovation plans, and no financial incentives should be given for the installation of fossil fuel boilers under the next Multiannual Financial Framework as of
  2025
  , with the exception of those selected for investment, before 2027, under the European Regional Development Fund and on the Cohesion Fund. A clear legal basis for the ban of heat generators based on their greenhouse gas emissions or the type of fuel used should support national phase-out policies and measures.

Reason

Self-explanatory.

Amendment 10

Recital 17

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements. A review of this framework should enable the calculation of both energy and emission performance and should take into account environmental and health externalities, as well as the ETS extension and carbon prices. Member States should use this framework to
  compare the results with
  the minimum energy performance requirements which they have adopted. Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. [...]. | The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements. A review of this framework should enable the calculation of both energy and emission performance and should
  be based on the objective of zero-carbon buildings over the life cycle of buildings and
  take into account environmental and health externalities, as well as the ETS extension and carbon prices. Member States should use this framework to
  ensure that
  the minimum energy performance requirements which they have adopted
  will lead to zero- or nearly-zero carbon emission buildings over the life cycle of buildings
  . Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. [...] |

Text proposed by the European Commission

CoR amendment

The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements. A review of this framework should enable the calculation of both energy and emission performance and should take into account environmental and health externalities, as well as the ETS extension and carbon prices. Member States should use this framework to
  compare the results with
  the minimum energy performance requirements which they have adopted. Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. [...].

The Commission should lay down a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements. A review of this framework should enable the calculation of both energy and emission performance and should
  be based on the objective of zero-carbon buildings over the life cycle of buildings and
  take into account environmental and health externalities, as well as the ETS extension and carbon prices. Member States should use this framework to
  ensure that
  the minimum energy performance requirements which they have adopted
  will lead to zero- or nearly-zero carbon emission buildings over the life cycle of buildings
  . Should significant discrepancies, i.e. exceeding 15 %, exist between the calculated cost-optimal levels of minimum energy performance requirements and the minimum energy performance requirements in force, Member States should justify the difference or plan appropriate steps to reduce the discrepancy. [...]

Reason

Self-evident.

Amendment 11

Recital 18

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Major renovations of existing buildings, regardless of their size, provide
  an
  opportunity to take cost-effective measures to enhance energy performance.
  For reasons of cost-effectiveness, it should be possible to limit the minimum energy performance requirements to the renovated parts that are most relevant for the energy performance of the building. Member States should be able to choose to define a ‘major renovation’ either in terms of a percentage of the surface of the building envelope or in terms of the value of the building. If a Member State decides to define a major renovation in terms of the value of the building, values such as the actuarial value, or the current value based on the cost of reconstruction, excluding the value of the land upon which the building is situated, could be used. | Major renovations of existing buildings, regardless of their size, provide
  a unique
  opportunity to take cost-effective measures to enhance energy performance
  as they occur once every 25 years in residential buildings and once every 15 years in non-residential ones. This means residential buildings renovated during this decade are unlikely to undergo another major renovation round before 2050, while non-residential buildings may undergo another major renovation round. However, this will increase the overall cost of the renovation of buildings. Therefore, to avoid locking carbon in renovated buildings, Member States should ensure renovated buildings during this decade are renovated to the zero or nearly — zero emission standard calculated over the lifecycle of buildings. |

Text proposed by the European Commission

CoR amendment

Major renovations of existing buildings, regardless of their size, provide
  an
  opportunity to take cost-effective measures to enhance energy performance.
  For reasons of cost-effectiveness, it should be possible to limit the minimum energy performance requirements to the renovated parts that are most relevant for the energy performance of the building. Member States should be able to choose to define a ‘major renovation’ either in terms of a percentage of the surface of the building envelope or in terms of the value of the building. If a Member State decides to define a major renovation in terms of the value of the building, values such as the actuarial value, or the current value based on the cost of reconstruction, excluding the value of the land upon which the building is situated, could be used.

Major renovations of existing buildings, regardless of their size, provide
  a unique
  opportunity to take cost-effective measures to enhance energy performance
  as they occur once every 25 years in residential buildings and once every 15 years in non-residential ones. This means residential buildings renovated during this decade are unlikely to undergo another major renovation round before 2050, while non-residential buildings may undergo another major renovation round. However, this will increase the overall cost of the renovation of buildings. Therefore, to avoid locking carbon in renovated buildings, Member States should ensure renovated buildings during this decade are renovated to the zero or nearly — zero emission standard calculated over the lifecycle of buildings.

Reason

Minimum requirement must be aligned with climate neutrality to avoid carbon lock-in effect.

Amendment 12

Recital 19

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. All new buildings should be zero-emission buildings, and all existing buildings should be
  transformed into
  zero-emission buildings by 2050. | The
  climate emergency and the
  enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. All new buildings should be zero-emission buildings, and all existing buildings should be
  renovated during this decade to
  zero-emission buildings
  to avoid the carbon lock-in effect
  by 2050
  and to lower the renovation costs
  . |

Text proposed by the European Commission

CoR amendment

The enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. All new buildings should be zero-emission buildings, and all existing buildings should be
  transformed into
  zero-emission buildings by 2050.

The
  climate emergency and the
  enhanced climate and energy ambition of the Union requires a new vision for buildings: the zero-emission building, the very low energy demand of which is fully covered by energy from renewable sources where technically feasible. All new buildings should be zero-emission buildings, and all existing buildings should be
  renovated during this decade to
  zero-emission buildings
  to avoid the carbon lock-in effect
  by 2050
  and to lower the renovation costs
  .

Reason

Self-explanatory.

Amendment 13

Recital 20

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Different options are available to cover the energy needs of
  an
  efficient building by energy from renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat. | Different options are available to cover the energy needs of
  low-energy demand and
  efficient building by energy from renewable sources: on-site
  or grid-supplied
  renewables such as solar thermal
  solutions
  , solar photovoltaics
  , wind power
  , heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat. |

Text proposed by the European Commission

CoR amendment

Different options are available to cover the energy needs of
  an
  efficient building by energy from renewable sources: on-site renewables such as solar thermal, solar photovoltaics, heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat.

Different options are available to cover the energy needs of
  low-energy demand and
  efficient building by energy from renewable sources: on-site
  or grid-supplied
  renewables such as solar thermal
  solutions
  , solar photovoltaics
  , wind power
  , heat pumps and biomass, renewable energy provided by renewable energy communities or citizen energy communities, and district heating and cooling based on renewables or waste heat.

Reason

Self-explanatory.

Amendment 14

Recital 22

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Minimum energy performance standards (MEPS) are the essential regulatory tool to trigger renovation of existing buildings on a large scale
  as they tackle the key barriers
  to
  renovation such as split incentives
  and
  co
  -
  ownership structures
  ,
  which cannot
  be
  overcome by economic incentives
  . The introduction of minimum energy performance standards should lead to
  a gradual phase out of the worst performing buildings and
  a
  continuous improvement of the national buildings
  stock, contributing to the long-term goal of a decarbonised building stock by 2050. | Minimum energy performance standards (MEPS) are the essential regulatory tool to trigger renovation of existing buildings on a large scale
  . In order
  to
  ensure that they are fit for purpose
  and
  do not contribute to creating a carbon lock
  -
  in effect
  ,
  they need to
  be
  set at zero-emission standard: this is based on the assumption that between 2022 and 2050 only one round of major renovation is to be expected, on average
  . The introduction of minimum energy performance standards should lead to
  zero- or nearly-zero emission buildings
  ,
  thus
  contributing to the long-term goal of a decarbonised building stock by 2050
  . Alternative standards should be applied in very specific cases, when zero-emission is not achievable such as, for example, in the case of historic buildings: these standards should still guarantee that best available techniques are applied. Climate-positive buildings should compensate the additional emissions of these less efficient buildings
  . |

Text proposed by the European Commission

CoR amendment

Minimum energy performance standards (MEPS) are the essential regulatory tool to trigger renovation of existing buildings on a large scale
  as they tackle the key barriers
  to
  renovation such as split incentives
  and
  co
  -
  ownership structures
  ,
  which cannot
  be
  overcome by economic incentives
  . The introduction of minimum energy performance standards should lead to
  a gradual phase out of the worst performing buildings and
  a
  continuous improvement of the national buildings
  stock, contributing to the long-term goal of a decarbonised building stock by 2050.

Minimum energy performance standards (MEPS) are the essential regulatory tool to trigger renovation of existing buildings on a large scale
  . In order
  to
  ensure that they are fit for purpose
  and
  do not contribute to creating a carbon lock
  -
  in effect
  ,
  they need to
  be
  set at zero-emission standard: this is based on the assumption that between 2022 and 2050 only one round of major renovation is to be expected, on average
  . The introduction of minimum energy performance standards should lead to
  zero- or nearly-zero emission buildings
  ,
  thus
  contributing to the long-term goal of a decarbonised building stock by 2050
  . Alternative standards should be applied in very specific cases, when zero-emission is not achievable such as, for example, in the case of historic buildings: these standards should still guarantee that best available techniques are applied. Climate-positive buildings should compensate the additional emissions of these less efficient buildings
  .

Reason

Minimum requirement must be aligned with climate neutrality to avoid carbon lock-in effect.

Amendment 15

Recital 24

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| As regards the rest of the national building stock,
  Member States are free to decide whether they wish to introduce minimum energy performance
  standards, designed at
  national
  level and adapted to national conditions. When reviewing this Directive, the Commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050. | Member States are free to decide whether they wish to introduce minimum energy performance
  and zero- or nearly-zero carbon-emission standards on renovation when
  national
  and subnational financial instruments are used. However, when combined with EU financial instruments, requirements on minimum energy performance standard at the UE level on zero or nearly zero-emission buildings would apply in order to achieve a decarbonised building stock by 2050
  . |

Text proposed by the European Commission

CoR amendment

As regards the rest of the national building stock,
  Member States are free to decide whether they wish to introduce minimum energy performance
  standards, designed at
  national
  level and adapted to national conditions. When reviewing this Directive, the Commission should assess whether further binding minimum energy performance standards need to be introduced in order to achieve a decarbonised building stock by 2050.

Member States are free to decide whether they wish to introduce minimum energy performance
  and zero- or nearly-zero carbon-emission standards on renovation when
  national
  and subnational financial instruments are used. However, when combined with EU financial instruments, requirements on minimum energy performance standard at the UE level on zero or nearly zero-emission buildings would apply in order to achieve a decarbonised building stock by 2050
  .

Reason

Self-explanatory.

Amendment 16

New recital 24

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | Locally integrated district or neighbourhood approaches are allowing for overall renovation concepts for buildings that are spatially related, for example in terms of energy supply (e.g. housing blocks). The wider use of integrated, participative and district-related approaches is already the core of the Renovation Wave and should be promoted by this directive. Districts (e.g. quarters) and socially vulnerable neighbourhoods can be determined at the discretion of local and regional authorities in the context of this Directive according to local needs and location. |

Text proposed by the European Commission

CoR amendment

Locally integrated district or neighbourhood approaches are allowing for overall renovation concepts for buildings that are spatially related, for example in terms of energy supply (e.g. housing blocks). The wider use of integrated, participative and district-related approaches is already the core of the Renovation Wave and should be promoted by this directive. Districts (e.g. quarters) and socially vulnerable neighbourhoods can be determined at the discretion of local and regional authorities in the context of this Directive according to local needs and location.

Reason

A district-related approach was described as the core of Renovation Wave. Joint supply of electricity, heat and charging infrastructure in a district or neighbourhood makes it possible to tap synergies and potential energy savings that remain hidden when you only look at the individual building.

Amendment 17

Recital 27

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The Union-wide minimum energy performance standards should be based on harmonised
  energy performance classes. By defining the lowest energy performance class G as the worst-performing 15 % of each Member State’s national building stock, the harmonisation of
  energy performance classes
  ensures
  similar efforts by all Member States,
  while the definition of the best energy performance class A ensures
  the convergence of the harmonised energy performance class scale towards the common vision of zero-emission buildings. | The Union-wide minimum energy performance standards
  for zero-emission buildings
  should be based on harmonised energy performance classes
  to ensure
  similar efforts by all Member States,
  and
  the convergence of the harmonised energy performance class scale towards the common vision of zero-emission buildings. |

Text proposed by the European Commission

CoR amendment

The Union-wide minimum energy performance standards should be based on harmonised
  energy performance classes. By defining the lowest energy performance class G as the worst-performing 15 % of each Member State’s national building stock, the harmonisation of
  energy performance classes
  ensures
  similar efforts by all Member States,
  while the definition of the best energy performance class A ensures
  the convergence of the harmonised energy performance class scale towards the common vision of zero-emission buildings.

The Union-wide minimum energy performance standards
  for zero-emission buildings
  should be based on harmonised energy performance classes
  to ensure
  similar efforts by all Member States,
  and
  the convergence of the harmonised energy performance class scale towards the common vision of zero-emission buildings.

Reason

It is not realistic that renovations will be carried out more than once in the current decade. The amendment aims at ensuring more cost-efficient and effective energy performance results.

Amendment 18

Recital 28

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Minimum energy performance requirements for existing buildings and building elements were already contained in the predecessors of this Directive and should continue to apply.
  While the newly introduced minimum energy performance standards set a floor for the minimum energy performance of existing buildings and ensure that renovation of inefficient buildings takes place, minimum energy performance requirements for existing buildings and building elements ensure the necessary depth of renovation when a renovation takes place. | Minimum energy performance requirements for existing buildings and building elements were already contained in the predecessors of this Directive and should continue to apply
  if they lead to zero-emission building to avoid locking renovated buildings in carbon. |

Text proposed by the European Commission

CoR amendment

Minimum energy performance requirements for existing buildings and building elements were already contained in the predecessors of this Directive and should continue to apply.
  While the newly introduced minimum energy performance standards set a floor for the minimum energy performance of existing buildings and ensure that renovation of inefficient buildings takes place, minimum energy performance requirements for existing buildings and building elements ensure the necessary depth of renovation when a renovation takes place.

Minimum energy performance requirements for existing buildings and building elements were already contained in the predecessors of this Directive and should continue to apply
  if they lead to zero-emission building to avoid locking renovated buildings in carbon.

Reason

Minimum requirement must be aligned with climate neutrality to avoid carbon lock-in effect.

Amendment 19

Recital 29

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| To achieve a highly energy efficient and decarbonised building stock and the transformation of existing buildings into zero-emission buildings by 2050, Member States should establish national building renovation plans, which replace the long-term renovation strategies and become an even stronger, fully operational planning tool for Member States, with a stronger focus on financing and ensuring that appropriately skilled workers are available for carrying out building renovations. In their building renovation plans, Member States should set their own national building renovation targets. In line with Article 21(b)(7) of Regulation (EU) 2018/1999 and with the enabling conditions set under Regulation (EU) 2021/60 of the European Parliament and of the Council[1], Member States should provide an outline of financing measures, as well as an outline of the investment needs
  and
  the administrative resources for the implementation of their building renovation plans. | To achieve a highly energy efficient and decarbonised building stock and the transformation of existing buildings into zero-emission buildings by 2050, Member States
  , in close cooperation with local and regional authorities,
  should establish national building renovation plans, which replace the long-term renovation strategies and become an even stronger, fully operational planning tool for Member States, with a stronger focus on financing and ensuring that appropriately skilled workers are available for carrying out building renovations. In their building renovation plans, Member States should set their own national building renovation targets. In line with Article 21(b)(7) of Regulation (EU) 2018/1999 and with the enabling conditions set under Regulation (EU) 2021/60 of the European Parliament and of the Council[1], Member States should provide an outline of financing measures, as well as an outline of the investment needs, the administrative resources for the implementation of their building renovation plans
  and the measures intended to support the mainstreaming of adaptation and circularity principles in the renovation of the national building stock
  . |

Text proposed by the European Commission

CoR amendment

To achieve a highly energy efficient and decarbonised building stock and the transformation of existing buildings into zero-emission buildings by 2050, Member States should establish national building renovation plans, which replace the long-term renovation strategies and become an even stronger, fully operational planning tool for Member States, with a stronger focus on financing and ensuring that appropriately skilled workers are available for carrying out building renovations. In their building renovation plans, Member States should set their own national building renovation targets. In line with Article 21(b)(7) of Regulation (EU) 2018/1999 and with the enabling conditions set under Regulation (EU) 2021/60 of the European Parliament and of the Council[1], Member States should provide an outline of financing measures, as well as an outline of the investment needs
  and
  the administrative resources for the implementation of their building renovation plans.

To achieve a highly energy efficient and decarbonised building stock and the transformation of existing buildings into zero-emission buildings by 2050, Member States
  , in close cooperation with local and regional authorities,
  should establish national building renovation plans, which replace the long-term renovation strategies and become an even stronger, fully operational planning tool for Member States, with a stronger focus on financing and ensuring that appropriately skilled workers are available for carrying out building renovations. In their building renovation plans, Member States should set their own national building renovation targets. In line with Article 21(b)(7) of Regulation (EU) 2018/1999 and with the enabling conditions set under Regulation (EU) 2021/60 of the European Parliament and of the Council[1], Member States should provide an outline of financing measures, as well as an outline of the investment needs, the administrative resources for the implementation of their building renovation plans
  and the measures intended to support the mainstreaming of adaptation and circularity principles in the renovation of the national building stock
  .

Reason

Self-evident.

Amendment 20

Recital 32

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Staged renovation
  can be
  a solution to address the issues of high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’.
  However, such staged
  renovation
  needs to be carefully planned
  in
  order to avoid that one
  renovation
  step precludes necessary subsequent steps
  . Renovation passports provide a clear roadmap for
  staged
  renovation, helping owners and investors plan the best timing
  and scope
  for interventions. Therefore, renovation passports should be made available as a voluntary tool to
  building owners
  across all Member States. | Staged renovation
  is not
  a solution to address the issues of high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’.
  Staged
  renovation
  locks buildings
  in
  carbon at a high cost for taxpayers while locking low-income households in energy poverty. Addressing the issue of high upfront costs of
  renovation
  requires bundling renovation projects and existing financial instruments to reduce the upfront costs by scaling up
  . Renovation passports
  should
  provide a clear roadmap for
  one-go
  renovation
  projects which groups several buildings at the neighbourhood or the city level
  , helping owners and investors plan the best timing for interventions. Therefore, renovation passports should be made available as a voluntary tool to
  local and regional authorities
  across all Member States. |

Text proposed by the European Commission

CoR amendment

Staged renovation
  can be
  a solution to address the issues of high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’.
  However, such staged
  renovation
  needs to be carefully planned
  in
  order to avoid that one
  renovation
  step precludes necessary subsequent steps
  . Renovation passports provide a clear roadmap for
  staged
  renovation, helping owners and investors plan the best timing
  and scope
  for interventions. Therefore, renovation passports should be made available as a voluntary tool to
  building owners
  across all Member States.

Staged renovation
  is not
  a solution to address the issues of high upfront costs and hassle for the inhabitants that may occur when renovating ‘in one go’.
  Staged
  renovation
  locks buildings
  in
  carbon at a high cost for taxpayers while locking low-income households in energy poverty. Addressing the issue of high upfront costs of
  renovation
  requires bundling renovation projects and existing financial instruments to reduce the upfront costs by scaling up
  . Renovation passports
  should
  provide a clear roadmap for
  one-go
  renovation
  projects which groups several buildings at the neighbourhood or the city level
  , helping owners and investors plan the best timing for interventions. Therefore, renovation passports should be made available as a voluntary tool to
  local and regional authorities
  across all Member States.

Reason

The proposed ‘staged renovation’ may lead to a lock-in effect that should be avoided.

Amendment 21

Recital 33

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The concept of ‘deep renovation’ has not yet been defined in Union legislation. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings; in
  a first step, as a renovation that transforms buildings into nearly zero-energy buildings
  . This definition serves the purpose
  of increasing the energy performance
  of buildings. A deep renovation for
  energy performance
  purposes is a prime opportunity to address other aspects such as living conditions of vulnerable households, increasing climate resilience, resilience against disaster risks including seismic resilience, fire safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities. | The concept of ‘deep renovation’ has not yet been defined in Union legislation. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings in
  one go
  . This definition serves the purpose of
  avoiding locking renovated
  buildings
  in carbon through staged renovation which results in low ambition
  . A deep renovation for
  zero emission
  purposes is a prime opportunity to address other aspects such as living conditions of vulnerable households, increasing climate resilience, resilience against disaster risks including seismic resilience, fire safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities |

Text proposed by the European Commission

CoR amendment

The concept of ‘deep renovation’ has not yet been defined in Union legislation. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings; in
  a first step, as a renovation that transforms buildings into nearly zero-energy buildings
  . This definition serves the purpose
  of increasing the energy performance
  of buildings. A deep renovation for
  energy performance
  purposes is a prime opportunity to address other aspects such as living conditions of vulnerable households, increasing climate resilience, resilience against disaster risks including seismic resilience, fire safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities.

The concept of ‘deep renovation’ has not yet been defined in Union legislation. With a view to achieving the long-term vision for buildings, deep renovation should be defined as a renovation that transforms buildings into zero-emission buildings in
  one go
  . This definition serves the purpose of
  avoiding locking renovated
  buildings
  in carbon through staged renovation which results in low ambition
  . A deep renovation for
  zero emission
  purposes is a prime opportunity to address other aspects such as living conditions of vulnerable households, increasing climate resilience, resilience against disaster risks including seismic resilience, fire safety, the removal of hazardous substances including asbestos, and accessibility for persons with disabilities

Reason

It is not realistic that renovations will be carried out more than once in the current decade. The amendment aims at ensuring more cost-efficient and effective energy performance results.

Amendment 22

Recital 35

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Member States should support energy performance upgrades of existing buildings
  that
  contribute to achieving a healthy indoor environment, including through the removal of asbestos and other harmful substances, preventing the illegal removal of harmful substances, and facilitating compliance with existing legislative acts such as Directives 2009/148/EU (1) and (EU) 2016/2284 (2) of the European Parliament and of the Council. | Member States
  and local and regional authorities
  should support energy performance upgrades
  that strives to achieve zero-emission building stock and
  contribute to achieving a healthy indoor environment, including through the removal of asbestos and other harmful substances, preventing the illegal removal of harmful substances, and facilitating compliance with existing legislative acts such as Directives 2009/148/EU (1) and (EU) 2016/2284 (2) of the European Parliament and of the Council. |

Text proposed by the European Commission

CoR amendment

Member States should support energy performance upgrades of existing buildings
  that
  contribute to achieving a healthy indoor environment, including through the removal of asbestos and other harmful substances, preventing the illegal removal of harmful substances, and facilitating compliance with existing legislative acts such as Directives 2009/148/EU (1) and (EU) 2016/2284 (2) of the European Parliament and of the Council.

Member States
  and local and regional authorities
  should support energy performance upgrades
  that strives to achieve zero-emission building stock and
  contribute to achieving a healthy indoor environment, including through the removal of asbestos and other harmful substances, preventing the illegal removal of harmful substances, and facilitating compliance with existing legislative acts such as Directives 2009/148/EU (1) and (EU) 2016/2284 (2) of the European Parliament and of the Council.

Reason

Self-explanatory.

Amendment 23

Recital 37

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Combined with an increased share of renewable electricity production, electric vehicles produce fewer greenhouse gas emissions. Electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and non-residential buildings. Member States should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space. | Combined with an increased share of renewable electricity production, electric vehicles produce fewer greenhouse gas emissions. Electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car
  and biking
  parks of residential and non-residential buildings. Member States should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space. |

Text proposed by the European Commission

CoR amendment

Combined with an increased share of renewable electricity production, electric vehicles produce fewer greenhouse gas emissions. Electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car parks of residential and non-residential buildings. Member States should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space.

Combined with an increased share of renewable electricity production, electric vehicles produce fewer greenhouse gas emissions. Electric vehicles constitute an important component of a clean energy transition based on energy efficiency measures, alternative fuels, renewable energy and innovative solutions for the management of energy flexibility. Building codes can be effectively used to introduce targeted requirements to support the deployment of recharging infrastructure in car
  and biking
  parks of residential and non-residential buildings. Member States should remove barriers such as split incentives and administrative complications which individual owners encounter when trying to install a recharging point on their parking space.

Reason

Self-evident.

Amendment 24

Recital 40

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from
  transport
  . As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from
  transport
  and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non-residential buildings.
  Building codes
  can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces. | Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from
  mobility
  . As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from
  mobility
  and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non-residential buildings.
  Land use and urban planning policies
  can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces. |

Text proposed by the European Commission

CoR amendment

Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from
  transport
  . As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from
  transport
  and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non-residential buildings.
  Building codes
  can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces.

Promoting green mobility is a key part of the European Green Deal and buildings can play an important role in providing the necessary infrastructure, not only for recharging of electric vehicles but also for bicycles. A shift to soft mobility such as cycling can significantly reduce greenhouse gas emissions from
  mobility
  . As set out in the 2030 Climate Target Plan, increasing the modal shares of clean and efficient private and public transport, such as cycling, will drastically lower pollution from
  mobility
  and bring major benefits to individual citizens and communities. The lack of bike parking spaces is a major barrier to the uptake of cycling, both in residential and non-residential buildings.
  Land use and urban planning policies
  can effectively support the transition to cleaner mobility by establishing requirements for a minimum number of bicycle parking spaces.

Reason

Self-evident.

Amendment 25

Recital 43

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The smart readiness indicator should be used to measure the capacity of buildings to use information and communication technologies and electronic systems to adapt the operation of buildings to the needs of the occupants and the grid and to improve the energy efficiency and overall performance of buildings. The smart readiness indicator should raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and should give confidence to occupants about the actual savings of those new enhanced-functionalities. The smart readiness indicator is particularly beneficial for large buildings with high energy demand. For other buildings, the scheme for rating the smart readiness of buildings should be optional for Member States. | The smart readiness indicator should be used to measure the capacity of buildings to use information and communication technologies and electronic systems to adapt the operation of buildings to the needs of the occupants and the grid and to improve the energy efficiency and overall performance of buildings. The smart readiness indicator should raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and should give confidence to occupants about the actual savings of those new enhanced-functionalities. The smart readiness indicator is particularly beneficial for large buildings with high energy demand. For other buildings, the scheme for rating the smart readiness of buildings should be optional for Member States.
  Member States shall ensure adequate training of the technical staff working in local and regional authorities on the subject. |

Text proposed by the European Commission

CoR amendment

The smart readiness indicator should be used to measure the capacity of buildings to use information and communication technologies and electronic systems to adapt the operation of buildings to the needs of the occupants and the grid and to improve the energy efficiency and overall performance of buildings. The smart readiness indicator should raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and should give confidence to occupants about the actual savings of those new enhanced-functionalities. The smart readiness indicator is particularly beneficial for large buildings with high energy demand. For other buildings, the scheme for rating the smart readiness of buildings should be optional for Member States.

The smart readiness indicator should be used to measure the capacity of buildings to use information and communication technologies and electronic systems to adapt the operation of buildings to the needs of the occupants and the grid and to improve the energy efficiency and overall performance of buildings. The smart readiness indicator should raise awareness amongst building owners and occupants of the value behind building automation and electronic monitoring of technical building systems and should give confidence to occupants about the actual savings of those new enhanced-functionalities. The smart readiness indicator is particularly beneficial for large buildings with high energy demand. For other buildings, the scheme for rating the smart readiness of buildings should be optional for Member States.
  Member States shall ensure adequate training of the technical staff working in local and regional authorities on the subject.

Reason

Capacity building at local and regional level is one of the main barriers to the transformation needed.

Amendment 26

Recital 45

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Union financial instruments should be used to give practical effect to the objectives of this Directive, without however substituting national measures. In particular, due to the scale of the renovation effort needed, they should be used for providing appropriate and innovative means of financing to catalyse investment in energy performance of buildings. They could play an important role in the development of national, regional and local
  energy efficiency
  funds, instruments, or mechanisms, which deliver such financing possibilities to private property owners, to small and medium-sized enterprises and to energy efficiency service companies. | Union financial instruments should be used to give practical effect to the objectives of this Directive without, however, substituting national measures. In particular, due to the scale of the renovation effort needed, they should be used for providing appropriate and innovative means of financing to catalyse investment in energy performance of buildings. They could play an important role in the development of national, regional and local
  renovation
  funds, instruments, or mechanisms, which deliver such financing possibilities to private property owners, to
  municipalities and local authorities,
  small and medium-sized enterprises and to energy efficiency service companies. |

Text proposed by the European Commission

CoR amendment

Union financial instruments should be used to give practical effect to the objectives of this Directive, without however substituting national measures. In particular, due to the scale of the renovation effort needed, they should be used for providing appropriate and innovative means of financing to catalyse investment in energy performance of buildings. They could play an important role in the development of national, regional and local
  energy efficiency
  funds, instruments, or mechanisms, which deliver such financing possibilities to private property owners, to small and medium-sized enterprises and to energy efficiency service companies.

Union financial instruments should be used to give practical effect to the objectives of this Directive without, however, substituting national measures. In particular, due to the scale of the renovation effort needed, they should be used for providing appropriate and innovative means of financing to catalyse investment in energy performance of buildings. They could play an important role in the development of national, regional and local
  renovation
  funds, instruments, or mechanisms, which deliver such financing possibilities to private property owners, to
  municipalities and local authorities,
  small and medium-sized enterprises and to energy efficiency service companies.

Reason

Self-evident.

Amendment 27

Recital 47

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Financing alone will not deliver on the renovation needs. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one-stop-shops that
  provide integrated energy renovation services or facilitators
  , as well as implementing other measures and initiatives
  such as those referred to in the Commission's Smart Finance for Smart Buildings Initiative,
  is indispensable to provide the right enabling framework and break barriers to renovation. | Financing alone will not deliver on the renovation needs. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one-stop-shops that
  organise and plan the renovation of full neighbourhoods and/or groups of buildings and ensure the construction industry will deliver zero-emission buildings without overestimating the renovation cost
  , as well as implementing other measures and initiatives
  aiming at zero-emission buildings
  is indispensable to provide the right enabling framework and break barriers to renovation.
  In order to address the current shortage of skilled workers, also within the local and regional departments, significant efforts in building and training adequate skills and capacities will also be needed to ensure a smooth implementation of the process. To this purpose, a formal, specialist, high-quality training plan must be established in the field for staff/technicians working for the various authorities in the Member States that are involved in the various associated processes
  . |

Text proposed by the European Commission

CoR amendment

Financing alone will not deliver on the renovation needs. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one-stop-shops that
  provide integrated energy renovation services or facilitators
  , as well as implementing other measures and initiatives
  such as those referred to in the Commission's Smart Finance for Smart Buildings Initiative,
  is indispensable to provide the right enabling framework and break barriers to renovation.

Financing alone will not deliver on the renovation needs. Together with financing, setting up accessible and transparent advisory tools and assistance instruments such as one-stop-shops that
  organise and plan the renovation of full neighbourhoods and/or groups of buildings and ensure the construction industry will deliver zero-emission buildings without overestimating the renovation cost
  , as well as implementing other measures and initiatives
  aiming at zero-emission buildings
  is indispensable to provide the right enabling framework and break barriers to renovation.
  In order to address the current shortage of skilled workers, also within the local and regional departments, significant efforts in building and training adequate skills and capacities will also be needed to ensure a smooth implementation of the process. To this purpose, a formal, specialist, high-quality training plan must be established in the field for staff/technicians working for the various authorities in the Member States that are involved in the various associated processes
  .

Reason

Adequate skills are crucial for the implementation of the EPBD.

Amendment 28

Recital 48

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Inefficient buildings are often linked to energy poverty and social problems. Vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products.
  By reducing excessive
  energy bills,
  building renovation can lift people out of energy poverty and also prevent it. At the same time, building renovation does not come for free, and it is essential to ensure that the social impact of the costs for building renovation, notably on vulnerable households, is kept in check
  . The renovation wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable households, and a fair transition towards climate neutrality should be ensured. [...] | Inefficient buildings are often linked to energy poverty and social problems. Vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products.
  Eradicating energy poverty requires renovating buildings to zero or nearly — zero emission standard to drastically reduce
  energy bills,
  and ensure that they will be energy producers, whenever possible. Renovating buildings occupied by vulnerable households should be done at no cost for them. EU and national financial instruments should support such renovations.
  The renovation wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable households, and a fair transition towards climate neutrality should be ensured. [...]


  The funding and possible guarantees must also specifically cover the new burden on owner-occupiers whose homes, which they have worked hard to pay off over decades, are their old-age pension insurance. Targeting support and guarantees can also facilitate progress and provide incentives here. |

Text proposed by the European Commission

CoR amendment

Inefficient buildings are often linked to energy poverty and social problems. Vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products.
  By reducing excessive
  energy bills,
  building renovation can lift people out of energy poverty and also prevent it. At the same time, building renovation does not come for free, and it is essential to ensure that the social impact of the costs for building renovation, notably on vulnerable households, is kept in check
  . The renovation wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable households, and a fair transition towards climate neutrality should be ensured. [...]

Inefficient buildings are often linked to energy poverty and social problems. Vulnerable households are particularly exposed to increasing energy prices as they spend a larger proportion of their budget on energy products.
  Eradicating energy poverty requires renovating buildings to zero or nearly — zero emission standard to drastically reduce
  energy bills,
  and ensure that they will be energy producers, whenever possible. Renovating buildings occupied by vulnerable households should be done at no cost for them. EU and national financial instruments should support such renovations.
  The renovation wave should leave no one behind and be seized as an opportunity to improve the situation of vulnerable households, and a fair transition towards climate neutrality should be ensured. [...]

The funding and possible guarantees must also specifically cover the new burden on owner-occupiers whose homes, which they have worked hard to pay off over decades, are their old-age pension insurance. Targeting support and guarantees can also facilitate progress and provide incentives here.

Reason

Energy poverty is a very relevant issue and needs a systematic approach aimed at eradicating it. It is difficult for older people to borrow money. It is therefore necessary to offer the relevant groups of people solutions to make the required home investments in order to combat climate change.

Amendment 29

Recital 50

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The monitoring of the building stock is facilitated by the availability of data collected by digital tools, thereby reducing administrative costs. Therefore, national databases for energy performance of buildings should be set up, and the information contained therein should be transferred to the EU Building Stock Observatory. | The monitoring of the building stock is facilitated by the availability of data collected by digital tools, thereby reducing administrative costs. Therefore, national databases for
  GHG emissions and
  energy performance of buildings should be set up, and the information contained therein should be transferred to the EU Building Stock Observatory. |

Text proposed by the European Commission

CoR amendment

The monitoring of the building stock is facilitated by the availability of data collected by digital tools, thereby reducing administrative costs. Therefore, national databases for energy performance of buildings should be set up, and the information contained therein should be transferred to the EU Building Stock Observatory.

The monitoring of the building stock is facilitated by the availability of data collected by digital tools, thereby reducing administrative costs. Therefore, national databases for
  GHG emissions and
  energy performance of buildings should be set up, and the information contained therein should be transferred to the EU Building Stock Observatory.

Reason

Self-evident.

Amendment 30

Recital 52

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Recent years have seen a rise in the number of air-conditioning systems in European countries. That creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance. Priority should be given to strategies which enhance the thermal performance of buildings during the summer period. To that end, there should be focus on measures which avoid overheating, such as shading and sufficient thermal capacity in the building construction, and further development and application of passive cooling techniques, primarily those that improve indoor climatic conditions and the micro-climate around buildings. | Recent years have seen a rise in the number of air-conditioning systems
  (ACS)
  in European countries
  and the expected global warming is likely to increase the number of installed ACSs if upfront action to install passive cooling solutions are not considered during this decade
  . That creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance. Priority should be given to strategies which enhance the thermal performance of buildings during the summer period. To that end, there should be focus on measures which avoid overheating, such as shading and sufficient thermal capacity in the building construction, and further development and application of passive cooling techniques, primarily those that improve indoor climatic conditions and the micro-climate around buildings. |

Text proposed by the European Commission

CoR amendment

Recent years have seen a rise in the number of air-conditioning systems in European countries. That creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance. Priority should be given to strategies which enhance the thermal performance of buildings during the summer period. To that end, there should be focus on measures which avoid overheating, such as shading and sufficient thermal capacity in the building construction, and further development and application of passive cooling techniques, primarily those that improve indoor climatic conditions and the micro-climate around buildings.

Recent years have seen a rise in the number of air-conditioning systems
  (ACS)
  in European countries
  and the expected global warming is likely to increase the number of installed ACSs if upfront action to install passive cooling solutions are not considered during this decade
  . That creates considerable problems at peak load times, increasing the cost of electricity and disrupting the energy balance. Priority should be given to strategies which enhance the thermal performance of buildings during the summer period. To that end, there should be focus on measures which avoid overheating, such as shading and sufficient thermal capacity in the building construction, and further development and application of passive cooling techniques, primarily those that improve indoor climatic conditions and the micro-climate around buildings.

Reason

Self-evident.

Amendment 31

Recital 55

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Since local and regional authorities are
  critical
  for the successful implementation of this Directive, they should be consulted and involved, as and when appropriate in accordance with applicable national legislation, on planning issues, the development of programmes to provide information, training and awareness-raising, and on the implementation of this Directive at national or regional level. Such consultations may
  also
  serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks. Furthermore, Member States should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas. | Since local and regional authorities are
  essential
  for the successful implementation of this Directive, they should be consulted and involved, in accordance with
  the principle of subsidiarity and proportionality and
  applicable national legislation, on planning issues, the development of programmes to provide information, training and awareness-raising, and on the implementation of this Directive at national or regional
  and local
  level. Such consultations
  should feed into the national Multilevel Energy and Climate Dialogues and
  may serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks.
  In this connection, it should be possible, within the framework of this Directive, to respond to the often very disparate conditions of urban areas and rural areas with a high portion of single- and multiple-family homes and varied settlement structure, and to design the specifications in a way that suits each region.
  Furthermore, Member States
  and local and regional authorities
  should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency
  and saving
  , use of energy from renewable sources and use of district heating and cooling when
  planning, designing, building and renovating industrial or residential areas. Furthermore, it is essential to promote the use of locally accessible resources and valuable experts in the process of
  planning, designing, building and renovating industrial or residential areas.


  Member States have a key role to play in supporting local and regional authorities in this endeavour. |

Text proposed by the European Commission

CoR amendment

Since local and regional authorities are
  critical
  for the successful implementation of this Directive, they should be consulted and involved, as and when appropriate in accordance with applicable national legislation, on planning issues, the development of programmes to provide information, training and awareness-raising, and on the implementation of this Directive at national or regional level. Such consultations may
  also
  serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks. Furthermore, Member States should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas.

Since local and regional authorities are
  essential
  for the successful implementation of this Directive, they should be consulted and involved, in accordance with
  the principle of subsidiarity and proportionality and
  applicable national legislation, on planning issues, the development of programmes to provide information, training and awareness-raising, and on the implementation of this Directive at national or regional
  and local
  level. Such consultations
  should feed into the national Multilevel Energy and Climate Dialogues and
  may serve to promote the provision of adequate guidance to local planners and building inspectors to carry out the necessary tasks.
  In this connection, it should be possible, within the framework of this Directive, to respond to the often very disparate conditions of urban areas and rural areas with a high portion of single- and multiple-family homes and varied settlement structure, and to design the specifications in a way that suits each region.
  Furthermore, Member States
  and local and regional authorities
  should enable and encourage architects and planners to properly consider the optimal combination of improvements in energy efficiency
  and saving
  , use of energy from renewable sources and use of district heating and cooling when
  planning, designing, building and renovating industrial or residential areas. Furthermore, it is essential to promote the use of locally accessible resources and valuable experts in the process of
  planning, designing, building and renovating industrial or residential areas.

Member States have a key role to play in supporting local and regional authorities in this endeavour.

Reason

The use of locally available resources and experts further contributes to mitigating the negative effects on the climate.

Amendment 32

Article 1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Subject matter | Subject matter |
| 1.   This Directive promotes the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the Union, with a view to achieving a zero-emission building stock by 2050 taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness. | 1.   This Directive promotes
  energy and materials demand reduction over the lifecycle of buildings,
  the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the Union, with a view to achieving a zero-emission building stock by 2050 taking into
  account
  , outdoor climatic and local conditions, as well as indoor climate requirements,
  environmental protection, pollution reduction
  and cost-effectiveness
  which should take into account environmental, societal and health externalities. This will also contribute significantly to improve Europe's energy security
  . |
| 2.   This Directive lays down requirements as regards: | 2.   This Directive lays down requirements as regards: |
| (a) | the common general framework for a methodology for calculating the integrated energy performance of buildings and building units; |

Text proposed by the European Commission

CoR amendment

Subject matter

Subject matter

1.   This Directive promotes the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the Union, with a view to achieving a zero-emission building stock by 2050 taking into account outdoor climatic and local conditions, as well as indoor climate requirements and cost-effectiveness.

1.   This Directive promotes
  energy and materials demand reduction over the lifecycle of buildings,
  the improvement of the energy performance of buildings and the reduction of greenhouse gas emissions from buildings within the Union, with a view to achieving a zero-emission building stock by 2050 taking into
  account
  , outdoor climatic and local conditions, as well as indoor climate requirements,
  environmental protection, pollution reduction
  and cost-effectiveness
  which should take into account environmental, societal and health externalities. This will also contribute significantly to improve Europe's energy security
  .

2.   This Directive lays down requirements as regards:

2.   This Directive lays down requirements as regards:

(a)

the common general framework for a methodology for calculating the integrated energy performance of buildings and building units;

| (a) | the common general framework for a methodology for calculating the integrated energy performance of buildings and building units
  to make them zero or nearly-zero — GHG-emissions
  ; |
| --- | --- |

(a)

the common general framework for a methodology for calculating the integrated energy performance of buildings and building units
  to make them zero or nearly-zero — GHG-emissions
  ;

to make them zero or nearly-zero — GHG-emissions

| (b) | the application of minimum requirements to the energy performance of new buildings and new building units; |
| --- | --- |

(b)

the application of minimum requirements to the energy performance of new buildings and new building units;

| (b) | the application of minimum requirements to the energy performance of new buildings and new building units; |
| --- | --- |

(b)

the application of minimum requirements to the energy performance of new buildings and new building units;

| (c) | the application of minimum requirements to the energy performance of: |
| --- | --- |

(c)

the application of minimum requirements to the energy performance of:

| (c) | the application of minimum requirements to the energy performance of: |
| --- | --- |

(c)

the application of minimum requirements to the energy performance of:

| | (i) | existing buildings and building units that are subject to major renovation; |
| --- | --- | --- |

(i)

existing buildings and building units that are subject to major renovation;

| | (i) | existing buildings and building units that are subject to major renovation
  to become zero or nearly-zero GHG-emissions
  ; |
| --- | --- | --- |

(i)

existing buildings and building units that are subject to major renovation
  to become zero or nearly-zero GHG-emissions
  ;

to become zero or nearly-zero GHG-emissions

| | (ii) | building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are retrofitted or replaced; |
| --- | --- | --- |

(ii)

building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are retrofitted or replaced;

| | (ii) | building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are retrofitted or replaced; |
| --- | --- | --- |

(ii)

building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are retrofitted or replaced;

| | (iii) | technical building systems whenever they are installed, replaced or upgraded; |
| --- | --- | --- |

(iii)

technical building systems whenever they are installed, replaced or upgraded;

| | (iii) | technical building systems whenever they are installed, replaced or upgraded; |
| --- | --- | --- |

(iii)

technical building systems whenever they are installed, replaced or upgraded;

| (d) | the application of minimum energy performance standards to existing buildings and existing building units; |
| --- | --- |

(d)

the application of minimum energy performance standards to existing buildings and existing building units;

| (d) | the application of minimum energy performance standards to existing buildings and existing building units
  to make them zero or nearly-zero GHG-emissions; |
| --- | --- |

(d)

the application of minimum energy performance standards to existing buildings and existing building units
  to make them zero or nearly-zero GHG-emissions;

to make them zero or nearly-zero GHG-emissions;

| (e) | renovation passports; |
| --- | --- |

(e)

renovation passports;

| (e) | renovation passports; |
| --- | --- |

(e)

renovation passports;

| (f) | national building renovation plans; |
| --- | --- |

(f)

national building renovation plans;

| (f) | national building renovation plans; |
| --- | --- |

(f)

national building renovation plans;

| (g) | sustainable mobility infrastructure in and adjacent to buildings; and |
| --- | --- |

(g)

sustainable mobility infrastructure in and adjacent to buildings; and

| (g) | sustainable mobility infrastructure in and adjacent to buildings; and |
| --- | --- |

(g)

sustainable mobility infrastructure in and adjacent to buildings; and

| (h) | smart buildings; |
| --- | --- |

(h)

smart buildings;

| (h) | smart buildings; |
| --- | --- |

(h)

smart buildings;

| (i) | energy performance certification of buildings or building units; |
| --- | --- |

(i)

energy performance certification of buildings or building units;

| (i) | energy performance certification of buildings or building units; |
| --- | --- |

(i)

energy performance certification of buildings or building units;

| (j) | regular inspection of heating, ventilation and air-conditioning systems in buildings; |
| --- | --- |

(j)

regular inspection of heating, ventilation and air-conditioning systems in buildings;

| (j) | regular inspection of heating, ventilation and air-conditioning systems in buildings; |
| --- | --- |

(j)

regular inspection of heating, ventilation and air-conditioning systems in buildings;

| (k) | independent control systems for energy performance certificates, renovation passports, smart readiness indicators and inspection reports. |
| --- | --- |

(k)

independent control systems for energy performance certificates, renovation passports, smart readiness indicators and inspection reports.

| (k) | independent control systems for energy performance certificates, renovation passports, smart readiness indicators and inspection reports. |
| --- | --- |

(k)

independent control systems for energy performance certificates, renovation passports, smart readiness indicators and inspection reports.

3.   The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with the TFEU. They shall be notified to the Commission.

3.   The requirements laid down in this Directive are minimum requirements and shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with the TFEU. They shall be notified to the Commission.

Reason

Reason

The objective of the EPBD needs to be aligned with climate neutrality by 2050.

Amendment 33

Amendment 33

Article 2.2

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED]
  or
  from a district heating and cooling system, in accordance with the requirements set out in Annex III; | ‘zero-emission building’ means a building with
  very low energy and materials demand over the lifecycle of buildings,
  a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site
  or provided through the grid
  , from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED], from a district heating and cooling system, in accordance with the requirements set out in Annex III
  or through distributed grid-based renewables
  ;
  ‘climate-positive building’ means a building with very low energy and materials demand over the lifecycle of buildings, a very high energy performance, as determined in accordance with Annex I, where the energy production at the building or designated to


  the building exceeds its energy demand. |

Text proposed by the European Commission

CoR amendment

‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site, from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED]
  or
  from a district heating and cooling system, in accordance with the requirements set out in Annex III;

or

‘zero-emission building’ means a building with
  very low energy and materials demand over the lifecycle of buildings,
  a very high energy performance, as determined in accordance with Annex I, where the very low amount of energy still required is fully covered by energy from renewable sources generated on-site
  or provided through the grid
  , from a renewable energy community within the meaning of Directive (EU) 2018/2001 [amended RED], from a district heating and cooling system, in accordance with the requirements set out in Annex III
  or through distributed grid-based renewables
  ;
  ‘climate-positive building’ means a building with very low energy and materials demand over the lifecycle of buildings, a very high energy performance, as determined in accordance with Annex I, where the energy production at the building or designated to


  the building exceeds its energy demand.

very low energy and materials demand over the lifecycle of buildings,

or provided through the grid

or through distributed grid-based renewables

‘climate-positive building’ means a building with very low energy and materials demand over the lifecycle of buildings, a very high energy performance, as determined in accordance with Annex I, where the energy production at the building or designated to

the building exceeds its energy demand.

Reason

Reason

Adding circularity, district heating, the concept of climate-positive building and the criteria of entire lifecycle of buildings.

Amendment 34

Amendment 34

Article 2.3

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I, which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy
  required
  is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby; | ‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I, which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy
  demand
  is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby
  or through recovered waste energy; |

Text proposed by the European Commission

CoR amendment

‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I, which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy
  required
  is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;

required

‘nearly zero-energy building’ means a building with a very high energy performance, as determined in accordance with Annex I, which cannot be lower than the 2023 cost-optimal level reported by Member States in accordance with Article 6(2) and where the nearly zero or very low amount of energy
  demand
  is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby
  or through recovered waste energy;

demand

or through recovered waste energy;

Reason

Reason

Energy performance is a relative indicator while low energy demand is an absolute target.

Amendment 35

Amendment 35

Article 2.4

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| ‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement
  as
  part of a wide renovation plan for a building stock
  or at a trigger point on the market (sale or rent), in a period of time or by a specific date, thereby triggering renovation of existing buildings
  ; | ‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement
  that makes zero- or nearly-zero GHG emissions buildings
  part of a wide renovation plan for a building stock
  when renovated
  by
  2032
  ; |

Text proposed by the European Commission

CoR amendment

‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement
  as
  part of a wide renovation plan for a building stock
  or at a trigger point on the market (sale or rent), in a period of time or by a specific date, thereby triggering renovation of existing buildings
  ;

as

or at a trigger point on the market (sale or rent), in a period of time or by a specific date, thereby triggering renovation of existing buildings

‘minimum energy performance standards’ means rules that require existing buildings to meet an energy performance requirement
  that makes zero- or nearly-zero GHG emissions buildings
  part of a wide renovation plan for a building stock
  when renovated
  by
  2032
  ;

that makes zero- or nearly-zero GHG emissions buildings

when renovated

2032

Reason

Reason

The objective of the EPBD needs to be aligned with climate neutrality by 2050.

Amendment 36

Amendment 36

Article 2.46

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 46.   ‘reference floor area’ means the floor area used as reference size for the assessment of the energy performance of a building, calculated as the sum of the useful floor areas of the spaces within the building envelope specified for the energy performance assessment; | 46.   ‘reference floor area’ means the floor area used as reference size for the assessment of the energy performance of a building, calculated as the sum of the useful floor areas of the spaces within the building envelope
  and surfaces occupied by energy-consuming infrastructure managed within the building
  specified for the energy performance assessment; |

Text proposed by the European Commission

CoR amendment

46.   ‘reference floor area’ means the floor area used as reference size for the assessment of the energy performance of a building, calculated as the sum of the useful floor areas of the spaces within the building envelope specified for the energy performance assessment;

46.   ‘reference floor area’ means the floor area used as reference size for the assessment of the energy performance of a building, calculated as the sum of the useful floor areas of the spaces within the building envelope
  and surfaces occupied by energy-consuming infrastructure managed within the building
  specified for the energy performance assessment;

Reason

Reason

To include in the definition of ‘reference floor area’ infrastructure that belongs to buildings and consumes energy, such as sports infrastructure, swimming pools, etc.

Amendment 37

Amendment 37

Article 2.57 new

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | ‘Sufficiency’ is a set of measures and daily practices that avoid the demand for energy, materials, land and water while delivering human wellbeing for all within the planetary boundaries
  . |

Text proposed by the European Commission

CoR amendment

‘Sufficiency’ is a set of measures and daily practices that avoid the demand for energy, materials, land and water while delivering human wellbeing for all within the planetary boundaries
  .

‘Sufficiency’ is a set of measures and daily practices that avoid the demand for energy, materials, land and water while delivering human wellbeing for all within the planetary boundaries

Reason

Reason

Energy sufficiency is a powerful strategy to achieve climate objectives.

Amendment 38

Amendment 38

Article 3.1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 1.   Each Member State shall establish a national building renovation plan to ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transform existing buildings into zero-emission buildings.
  Each building renovation plan shall encompass: | Each Member State shall establish a national building renovation plan to ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transform existing buildings into zero-emission buildings.
  The EU should provide Member States, regions and cities with all the necessary tools to develop these plans.
  Each building renovation plan shall encompass: |
| (a) | an overview of the national building stock for different building types, construction periods and climatic zones, based, as appropriate, on statistical sampling and the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures and an overview of the capacities in the construction, energy efficiency and renewable energy sectors; |

Text proposed by the European Commission

CoR amendment

1.   Each Member State shall establish a national building renovation plan to ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transform existing buildings into zero-emission buildings.

Each building renovation plan shall encompass:

Each Member State shall establish a national building renovation plan to ensure the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, with the objective to transform existing buildings into zero-emission buildings.
  The EU should provide Member States, regions and cities with all the necessary tools to develop these plans.
  Each building renovation plan shall encompass:

The EU should provide Member States, regions and cities with all the necessary tools to develop these plans.

(a)

an overview of the national building stock for different building types, construction periods and climatic zones, based, as appropriate, on statistical sampling and the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures and an overview of the capacities in the construction, energy efficiency and renewable energy sectors;

| (a) | an overview of the national building stock for different building types, construction periods and climatic zones, based, as appropriate, on statistical sampling and the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures and an overview of the capacities in the construction, energy efficiency and renewable energy sectors; |
| --- | --- |

(a)

an overview of the national building stock for different building types, construction periods and climatic zones, based, as appropriate, on statistical sampling and the national database for energy performance certificates pursuant to Article 19, an overview of market barriers and market failures and an overview of the capacities in the construction, energy efficiency and renewable energy sectors;

| (b) | a roadmap with nationally established targets and measurable progress indicators, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zero-emission buildings by 2050; |
| --- | --- |

(b)

a roadmap with nationally established targets and measurable progress indicators, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zero-emission buildings by 2050;

| (b) | national targets for circular use of materials and sufficiency; |
| --- | --- |

(b)

national targets for circular use of materials and sufficiency;

national targets for circular use of materials and sufficiency;

| (c) | an overview of implemented and planned policies and measures, supporting the implementation of the roadmap pursuant to point (b); and |
| --- | --- |

(c)

an overview of implemented and planned policies and measures, supporting the implementation of the roadmap pursuant to point (b); and

| (c) | a roadmap with nationally established targets and measurable progress indicators, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zero-emission buildings by 2050; |
| --- | --- |

(c)

(c)

a roadmap with nationally established targets and measurable progress indicators, with a view to the 2050 climate neutrality goal, in order to ensure a highly energy efficient and decarbonised national building stock and the transformation of existing buildings into zero-emission buildings by 2050;

| (d) | an outline of the investment needs for the implementation of the building renovation plan, the financing sources and measures, and the administrative resources for building renovation. |
| --- | --- |

(d)

an outline of the investment needs for the implementation of the building renovation plan, the financing sources and measures, and the administrative resources for building renovation.

| (
  d
  ) | an overview of implemented and planned policies and measures
  including sufficiency policies, which may be based on locally integrated district or neighbourhood concepts
  , supporting the implementation of the roadmap pursuant to point (
  c
  ); and |
| --- | --- |

(
  d
  )

d

an overview of implemented and planned policies and measures
  including sufficiency policies, which may be based on locally integrated district or neighbourhood concepts
  , supporting the implementation of the roadmap pursuant to point (
  c
  ); and

including sufficiency policies, which may be based on locally integrated district or neighbourhood concepts

c

| (
  e
  ) | an outline of the investment needs for the implementation of the building renovation plan, the financing sources and measures, and the administrative resources for building renovation. |
| --- | --- |

(
  e
  )

e

an outline of the investment needs for the implementation of the building renovation plan, the financing sources and measures, and the administrative resources for building renovation.

The roadmap referred to in point (b) shall include national targets for 2030, 2040 and 2050 as regards the annual energy renovation rate, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings; an evidence-based estimate of expected energy savings and wider benefits [...]

The roadmap referred to in point (
  c
  ) shall include national targets for 2030, 2040 and 2050 as regards the annual energy renovation rate, the primary and final energy consumption of the national building stock and its operational greenhouse gas emission reductions; specific timelines for buildings to achieve higher energy performance classes than those pursuant to Article 9(1), by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings; an evidence-based estimate of expected energy savings
  , emissions reduction
  and wider benefits
  , on the basis of locally integrated district or neighbourhood concepts
  [...]

c

, emissions reduction

, on the basis of locally integrated district or neighbourhood concepts

Reason

Reason

The objective of the EPBD needs to be aligned with climate neutrality by 2050.

Amendment 39

Amendment 39

Article 3.4

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 4.   The Commission shall assess the national draft building renovation plans, in particular whether: | 4.   The Commission shall assess the national draft building renovation plans, in particular whether: |
| (a) | the level of ambition of the nationally established targets is sufficient and in line with the national commitments on climate and energy laid down in the national integrated energy and climate plans; |

Text proposed by the European Commission

CoR amendment

4.   The Commission shall assess the national draft building renovation plans, in particular whether:

4.   The Commission shall assess the national draft building renovation plans, in particular whether:

(a)

the level of ambition of the nationally established targets is sufficient and in line with the national commitments on climate and energy laid down in the national integrated energy and climate plans;

| (a) | the level of ambition of the nationally established targets is sufficient and
  will lead to decarbonised building stock by 2050
  in line with the national commitments on climate and energy laid down in the national integrated energy and climate plans; |
| --- | --- |

(a)

the level of ambition of the nationally established targets is sufficient and
  will lead to decarbonised building stock by 2050
  in line with the national commitments on climate and energy laid down in the national integrated energy and climate plans;

will lead to decarbonised building stock by 2050

| (b) | the policies and measures are sufficient to achieve the nationally established targets; |
| --- | --- |

(b)

the policies and measures are sufficient to achieve the nationally established targets;

| (b) | the policies and measures are sufficient to achieve the nationally established targets
  and do not lock renovated buildings in carbon
  ; |
| --- | --- |

(b)

the policies and measures are sufficient to achieve the nationally established targets
  and do not lock renovated buildings in carbon
  ;

and do not lock renovated buildings in carbon

| (c) | the allocation of budgetary and administrative resources is sufficient for the implementation of the plan; |
| --- | --- |

(c)

the allocation of budgetary and administrative resources is sufficient for the implementation of the plan;

| (c) | the allocation of budgetary and administrative resources is sufficient for the implementation of the plan; |
| --- | --- |

(c)

the allocation of budgetary and administrative resources is sufficient for the implementation of the plan;

| (d) | the public consultation pursuant to paragraph 3 has been sufficiently inclusive; and |
| --- | --- |

(d)

the public consultation pursuant to paragraph 3 has been sufficiently inclusive; and

| (d) | the public consultation pursuant to paragraph 3 has been sufficiently inclusive; and |
| --- | --- |

(d)

the public consultation pursuant to paragraph 3 has been sufficiently inclusive; and

| (e) | the plans comply with the requirements of paragraph 1 and the template in Annex II. After consulting the Committee established by Article 30, the Commission may issue country-specific recommendations to Member States in accordance with Article 9(2) and Article 34 of Regulation (EU) 2018/1999. With regard to the first draft building renovation plan, the Commission may issue country-specific recommendations to Member States no later than six months after the Member State has submitted that plan. |
| --- | --- |

(e)

the plans comply with the requirements of paragraph 1 and the template in Annex II. After consulting the Committee established by Article 30, the Commission may issue country-specific recommendations to Member States in accordance with Article 9(2) and Article 34 of Regulation (EU) 2018/1999. With regard to the first draft building renovation plan, the Commission may issue country-specific recommendations to Member States no later than six months after the Member State has submitted that plan.

| (e) | the plans comply with the requirements of paragraph 1 and the template in Annex II. After consulting the Committee established by Article 30, the Commission may issue country-specific recommendations to Member States in accordance with Article 9(2) and Article 34 of Regulation (EU) 2018/1999. With regard to the first draft building renovation plan, the Commission may issue country-specific recommendations to Member States no later than six months after the Member State has submitted that plan. |
| --- | --- |

(e)

the plans comply with the requirements of paragraph 1 and the template in Annex II. After consulting the Committee established by Article 30, the Commission may issue country-specific recommendations to Member States in accordance with Article 9(2) and Article 34 of Regulation (EU) 2018/1999. With regard to the first draft building renovation plan, the Commission may issue country-specific recommendations to Member States no later than six months after the Member State has submitted that plan.

Reason

Reason

Self-explanatory.

Amendment 40

Amendment 40

Article 5.1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Setting of minimum energy performance requirements | Setting of minimum energy performance requirements |
| 1.   Member States shall take the necessary measures to ensure that minimum energy performance requirements for buildings or building units are set with
  a view to at least achieving cost-optimal levels.
  The energy performance shall be calculated in accordance with the methodology referred to in Article 4.
  Cost-optimal levels
  shall be calculated in accordance with the comparative methodology framework referred to in Article 6. | 1.   Member States
  , in cooperation with local and regional authorities,
  shall take the necessary measures to ensure that minimum energy performance requirements for buildings or building units are set
  in line
  with
  the pathway for making the national building stock become climate neutral by 2050
  . The energy performance shall be calculated in accordance with the methodology referred to in Article 4.
  Zero
  -
  emission standard
  shall be calculated in accordance with the comparative methodology framework referred to in Article 6. |
| Member States shall take the necessary measures to ensure that minimum energy performance requirements are set for building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are replaced or retrofitted, with a view to achieving
  at least cost-optimal levels
  . | Member States shall take the necessary measures to ensure that minimum energy performance requirements are set for building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are replaced or retrofitted, with a view to achieving
  zero
  -
  emission standard
  . |
| When setting requirements, Member States may differentiate between new and existing buildings and between different categories of buildings.
  Those requirements shall take account of
  general
  indoor
  climate
  conditions,
  in order to avoid possible negative effects such as inadequate ventilation,
  as well as local conditions and the designated function and the age of the building.


  Member States shall review their minimum energy performance requirements at regular intervals which shall not be longer than five years and shall, if necessary, update them in order to reflect technical progress in the building sector, the results of the cost-optimal calculation set out in Article 6, and updated national energy and climate targets and policies. | When setting requirements, Member States may differentiate between new and existing buildings and between different categories of buildings. Those requirements shall take account of
  the need for appropriate
  indoor
  environmental quality
  conditions as well as local conditions and the designated function and the age of the building.
  These local conditions should be considered by region, not at national level, as they can often vary from one municipality to another. |

Text proposed by the European Commission

CoR amendment

Setting of minimum energy performance requirements

Setting of minimum energy performance requirements

1.   Member States shall take the necessary measures to ensure that minimum energy performance requirements for buildings or building units are set with
  a view to at least achieving cost-optimal levels.
  The energy performance shall be calculated in accordance with the methodology referred to in Article 4.
  Cost-optimal levels
  shall be calculated in accordance with the comparative methodology framework referred to in Article 6.

1.   Member States
  , in cooperation with local and regional authorities,
  shall take the necessary measures to ensure that minimum energy performance requirements for buildings or building units are set
  in line
  with
  the pathway for making the national building stock become climate neutral by 2050
  . The energy performance shall be calculated in accordance with the methodology referred to in Article 4.
  Zero
  -
  emission standard
  shall be calculated in accordance with the comparative methodology framework referred to in Article 6.

Member States shall take the necessary measures to ensure that minimum energy performance requirements are set for building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are replaced or retrofitted, with a view to achieving
  at least cost-optimal levels
  .

at least cost-optimal levels

Member States shall take the necessary measures to ensure that minimum energy performance requirements are set for building elements that form part of the building envelope and that have a significant impact on the energy performance of the building envelope when they are replaced or retrofitted, with a view to achieving
  zero
  -
  emission standard
  .

zero

emission standard

When setting requirements, Member States may differentiate between new and existing buildings and between different categories of buildings.

Those requirements shall take account of
  general
  indoor
  climate
  conditions,
  in order to avoid possible negative effects such as inadequate ventilation,
  as well as local conditions and the designated function and the age of the building.

general

climate

in order to avoid possible negative effects such as inadequate ventilation,

Member States shall review their minimum energy performance requirements at regular intervals which shall not be longer than five years and shall, if necessary, update them in order to reflect technical progress in the building sector, the results of the cost-optimal calculation set out in Article 6, and updated national energy and climate targets and policies.

Member States shall review their minimum energy performance requirements at regular intervals which shall not be longer than five years and shall, if necessary, update them in order to reflect technical progress in the building sector, the results of the cost-optimal calculation set out in Article 6, and updated national energy and climate targets and policies.

When setting requirements, Member States may differentiate between new and existing buildings and between different categories of buildings. Those requirements shall take account of
  the need for appropriate
  indoor
  environmental quality
  conditions as well as local conditions and the designated function and the age of the building.
  These local conditions should be considered by region, not at national level, as they can often vary from one municipality to another.

the need for appropriate

environmental quality

These local conditions should be considered by region, not at national level, as they can often vary from one municipality to another.

Reason

Reason

The objective of the EPBD needs to be aligned with climate neutrality by 2050.

Amendment 41

Amendment 41

Article 6.1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Calculation of cost-optimal levels of minimum energy performance requirements The Commission is empowered to adopt delegated acts in accordance with Article 29 concerning a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements. By 30 June 2026, the Commission shall
  revise
  the comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements in existing buildings undergoing major renovation and for individual building elements. [...] | Calculation of cost-optimal levels of minimum energy performance requirements The Commission is empowered to adopt delegated acts in accordance with Article 29 concerning a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements. By 30 June 2026, the Commission shall
  replace
  the comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements in existing buildings undergoing major renovation and for individual building elements
  by a methodology to calculate minimum energy performance standard to deliver on zero and nearly-zero emission buildings
  . [...] |

Text proposed by the European Commission

CoR amendment

Calculation of cost-optimal levels of minimum energy performance requirements The Commission is empowered to adopt delegated acts in accordance with Article 29 concerning a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements. By 30 June 2026, the Commission shall
  revise
  the comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements in existing buildings undergoing major renovation and for individual building elements. [...]

revise

Calculation of cost-optimal levels of minimum energy performance requirements The Commission is empowered to adopt delegated acts in accordance with Article 29 concerning a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements. By 30 June 2026, the Commission shall
  replace
  the comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements in existing buildings undergoing major renovation and for individual building elements
  by a methodology to calculate minimum energy performance standard to deliver on zero and nearly-zero emission buildings
  . [...]

replace

by a methodology to calculate minimum energy performance standard to deliver on zero and nearly-zero emission buildings

Reason

Reason

The cost-optimum methodology is an important tool to assess what Member States are doing.

Amendment 42

Amendment 42

Article 7

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 1.   Member States shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with Annex III: | 1.   Member States
  in cooperation with


  local and regional authorities
  shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with Annex III: |
| (a) | as of 1 January 2027, new buildings occupied or owned by public authorities; and |

Text proposed by the European Commission

CoR amendment

1.   Member States shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with Annex III:

1.   Member States
  in cooperation with


  local and regional authorities
  shall ensure that from the following dates, new buildings are zero-emission buildings in accordance with Annex III:

(a)

as of 1 January 2027, new buildings occupied or owned by public authorities; and

| (a) | as of 1 January 2027, new buildings occupied or owned by public authorities; and |
| --- | --- |

(a)

as of 1 January 2027, new buildings occupied or owned by public authorities; and

| (b) | as of 1 January 2030, all new buildings; |
| --- | --- |

(b)

as of 1 January 2030, all new buildings;

| (b) | as of 1 January 2030, all new buildings; |
| --- | --- |

(b)

as of 1 January 2030, all new buildings;

| (c) | as of 1 January 2030, for existing buildings when EU funding is used for their renovation. |
| --- | --- |

(c)

(c)

as of 1 January 2030, for existing buildings when EU funding is used for their renovation.

as of 1 January 2030, for existing buildings when EU funding is used for their renovation.

Until the application of the requirements under the first subparagraph, Member States shall ensure that all new buildings are at least nearly zero-energy buildings and meet the minimum energy performance requirements laid down in accordance with Article 5.

Until the application of the requirements under the first subparagraph, Member States shall ensure that all new buildings are at least nearly zero-energy buildings and meet the minimum energy performance requirements laid down in accordance with Article 5.

2.   Member States shall ensure that the life-cycle Global Warming Potential (GWP) is calculated in accordance with Annex III and disclosed through the energy performance certificate of the building:

2.   Member States
  in cooperation with local and regional authorities
  shall ensure that the life-cycle Global Warming Potential (GWP) is calculated in accordance with Annex III and disclosed through the energy performance certificate of the building:

| (a) | as of 1 January 2027, for all new buildings with a useful floor area larger than 2 000 square meters; and |
| --- | --- |

(a)

as of 1 January 2027, for all new buildings with a useful floor area larger than 2 000 square meters; and

| (a) | as of 1 January 2027, for all new buildings with a useful floor area larger than 2 000 square meters; and |
| --- | --- |

(a)

as of 1 January 2027, for all new buildings with a useful floor area larger than 2 000 square meters; and

| (b) | as of 1 January 2030, for all new buildings. |
| --- | --- |

(b)

as of 1 January 2030, for all new buildings.

| (b) | as of 1 January 2030, for all new buildings. |
| --- | --- |

(b)

as of 1 January 2030, for all new buildings.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Directive in order to adapt Annex III to technological progress and innovation, to set
  adapted maximum energy performance thresholds in Annex III to renovated buildings and to adapt the maximum energy performance thresholds for
  zero-emission buildings.

3.   The Commission is empowered to adopt delegated acts in accordance with Article 29 to supplement this Directive in order to adapt Annex III to technological progress and innovation, to set
  the zero and nearly-zero emission building standards for Member States and develop requirements on low-carbon and renewable sources of supplied energy and life-cycle global warming potential (GWP)
  for zero-emission buildings.

4.   Member States shall address, in relation to new buildings, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks related to intense seismic activity and accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.

4.   Member States
  , in cooperation with local and regional authorities,
  shall address, in relation to new buildings, the issues of healthy indoor climate conditions, adaptation to climate change, fire safety, risks related to intense seismic activity and accessibility for persons with disabilities. Member States shall also address carbon removals associated to carbon storage in or on buildings.

Article 7a

New European Bauhaus

1.
     
  Member States in cooperation with local and regional authorities shall ensure that developers of building renovation projects receive information about the objectives and involvement opportunities in the New European Bauhaus initiative, at the moment of seeking advice, applying for funding and when introducing permits.

2.
     
  Member States shall empower local and regional authorities to develop dedicated support instruments for reference buildings according to Annex VII of this Directive that are culturally enriching, sustainable and inclusive in line with the New European Bauhaus. Instruments may encompass financial schemes for renovations showcasing how individual buildings or whole neighbourhoods can be transformed into zero-emission buildings and districts in an affordable, sustainable and socially inclusive way, while maximising wider benefits, in a participatory and bottom-up approach.

3.
     
  Member States shall put in place national industrial policies for the largescale production of locally adaptable prefabricated building elements for building renovation that provide different functions, including aesthetics, insulation energy generation, and green infrastructures, and promote biodiversity, water management, accessibility and mobility
  .

Reason

Reason

The objective of the EPBD needs to be aligned with climate neutrality by 2050.

Amendment 43

Amendment 43

Article 8

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Existing buildings | Existing buildings |
| 1.   Member States shall take the necessary measures to ensure that when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet
  minimum energy performance requirements
  set in accordance with Article 5 in so far as that is technically, functionally and economically feasible.
  Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements. | 1.   Member States
  , in cooperation with local and regional authorities,
  shall take the necessary measures to ensure that when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet
  zero-emission standards
  set in accordance with Article 5 in so far as that is technically, functionally and economically feasible. Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements
  or to integrated districts and neighbourhoods. |
| 2.   Member States shall in addition take the necessary measures to ensure that when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as that is technically, functionally
  and economically feasible
  . | 2.   Member States
  , in cooperation with local and regional authorities,
  shall in addition take the necessary measures to ensure that when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as that is technically
  and
  functionally
  delivering zero- or nearly-zero emission buildings |
| 3.   Member States shall
  encourage
  , in relation to buildings undergoing major renovation, high-efficiency alternative systems, in so far as that is technically, functionally and economically feasible. Member States shall
  address, in relation to buildings undergoing
  major
  renovation,
  the issues of healthy indoor
  climate
  conditions,
  adaptation
  to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos and accessibility for persons with disabilities. | 3.   Member States
  in cooperation with local and regional authorities
  shall
  ensure
  , in relation to buildings undergoing major renovation,
  that the deployment of
  high-efficiency alternative systems
  is encouraged
  , in so far as that is technically, functionally and economically feasible
  and promote the use of locally accessible resources
  . Member States shall
  ensure
  major
  building renovations address
  the issues of healthy indoor
  environmental quality
  conditions,
  high capacity to mitigate and adapt
  to climate change
  though inter alia green infrastructures, carbon removals and carbon storage
  ,
  adhere to
  fire safety
  standards
  ,
  mitigate
  risks related to intense seismic activity, the removal of hazardous substances including asbestos and
  improve
  accessibility for persons with disabilities
  , while ensuring an appropriate allocation of fiscal incentive measures and dedicated funding instruments
  . |

Text proposed by the European Commission

CoR amendment

Existing buildings

Existing buildings

1.   Member States shall take the necessary measures to ensure that when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet
  minimum energy performance requirements
  set in accordance with Article 5 in so far as that is technically, functionally and economically feasible.

Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements.

1.   Member States
  , in cooperation with local and regional authorities,
  shall take the necessary measures to ensure that when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet
  zero-emission standards
  set in accordance with Article 5 in so far as that is technically, functionally and economically feasible. Those requirements shall be applied to the renovated building or building unit as a whole. Additionally or alternatively, requirements may be applied to the renovated building elements
  or to integrated districts and neighbourhoods.

2.   Member States shall in addition take the necessary measures to ensure that when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as that is technically, functionally
  and economically feasible
  .

2.   Member States
  , in cooperation with local and regional authorities,
  shall in addition take the necessary measures to ensure that when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as that is technically
  and
  functionally
  delivering zero- or nearly-zero emission buildings

3.   Member States shall
  encourage
  , in relation to buildings undergoing major renovation, high-efficiency alternative systems, in so far as that is technically, functionally and economically feasible. Member States shall
  address, in relation to buildings undergoing
  major
  renovation,
  the issues of healthy indoor
  climate
  conditions,
  adaptation
  to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos and accessibility for persons with disabilities.

3.   Member States
  in cooperation with local and regional authorities
  shall
  ensure
  , in relation to buildings undergoing major renovation,
  that the deployment of
  high-efficiency alternative systems
  is encouraged
  , in so far as that is technically, functionally and economically feasible
  and promote the use of locally accessible resources
  . Member States shall
  ensure
  major
  building renovations address
  the issues of healthy indoor
  environmental quality
  conditions,
  high capacity to mitigate and adapt
  to climate change
  though inter alia green infrastructures, carbon removals and carbon storage
  ,
  adhere to
  fire safety
  standards
  ,
  mitigate
  risks related to intense seismic activity, the removal of hazardous substances including asbestos and
  improve
  accessibility for persons with disabilities
  , while ensuring an appropriate allocation of fiscal incentive measures and dedicated funding instruments
  .

Reason

Reason

The objective of the EPBD needs to be aligned with climate neutrality by 2050.

Amendment 44

Amendment 44

Article 9

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Minimum energy performance standards | Minimum energy performance standards |
| 1.   Member States shall ensure that | 1.   Member States, in cooperation with local and regional authorities shall ensure that |
| (a) | buildings and building units owned by public bodies achieve at the latest |

Text proposed by the European Commission

CoR amendment

Minimum energy performance standards

Minimum energy performance standards

Minimum energy performance standards

Minimum energy performance standards

1.   Member States shall ensure that

1.   Member States, in cooperation with local and regional authorities shall ensure that

(a)

buildings and building units owned by public bodies achieve at the latest

| (a) | buildings and building units owned by public bodies achieve at the latest |
| --- | --- |

(a)

buildings and building units owned by public bodies achieve at the latest

| | (i) | after 1 January 2027, at least energy performance class F; and |
| --- | --- | --- |

(i)

after 1 January 2027, at least energy performance class F; and

| | (i) | after 1 January 2027, at least energy performance class F; and |
| --- | --- | --- |

(i)

after 1 January 2027, at least energy performance class F; and

| | (ii) | after 1 January 2030, at least energy performance class E; |
| --- | --- | --- |

(ii)

(ii)

after 1 January 2030, at least energy performance class E;

after 1 January 2030, at least energy performance class E;

| (b) | non-residential buildings and building units, other than those owned by public bodies, achieve at the latest |
| --- | --- |

(b)

non-residential buildings and building units, other than those owned by public bodies, achieve at the latest

| (b) | non-residential buildings and building units, other than those owned by public bodies, achieve at the latest |
| --- | --- |

(b)

non-residential buildings and building units, other than those owned by public bodies, achieve at the latest

| | (i) | after 1 January 2027, at least energy performance class F; and |
| --- | --- | --- |

(i)

after 1 January 2027, at least energy performance class F; and

| | (i) | after 1 January 2027, at least energy performance class F; and |
| --- | --- | --- |

(i)

after 1 January 2027, at least energy performance class F; and

| | (ii) | after 1 January 2030, at least energy performance class E; |
| --- | --- | --- |

(ii)

(ii)

after 1 January 2030, at least energy performance class E;

after 1 January 2030, at least energy performance class E;

| (c) | residential buildings and building units achieve at the latest |
| --- | --- |

(c)

residential buildings and building units achieve at the latest

| (c) | residential buildings and building units achieve at the latest |
| --- | --- |

(c)

residential buildings and building units achieve at the latest

| | (i) | after 1 January 2030, at least energy performance class F; and |
| --- | --- | --- |

(i)

after 1 January 2030, at least energy performance class F; and

| | (i) | after 1 January 2030, at least energy performance class F; |
| --- | --- | --- |

(i)

after 1 January 2030, at least energy performance class F;

| | (ii) | after 1 January 2033, at least energy performance class E; |
| --- | --- | --- |

(ii)

(ii)

after 1 January 2033, at least energy performance class E;

after 1 January 2033, at least energy performance class E;

Member States may require an extension of the deadline set in this paragraph, if justified and requested to the European Commission and in accordance with the national building renovation plan referred to in Article 3(1)(a), with regards to specific parts of their building stock.

Member States may require an extension of the deadline set in this paragraph, if justified and requested to the European Commission and in accordance with the national building renovation plan referred to in Article 3(1)(a), with regards to specific parts of their building stock.

In their roadmap referred to in Article 3(1)(b), Member States shall establish specific
  timelines for the buildings referred to in this paragraph to achieve higher energy performance classes by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings.

timelines for the buildings referred to in this paragraph to achieve higher energy performance classes by 2040 and 2050, in line with the pathway for transforming the national building stock into zero-emission buildings.

In their roadmap referred to in Article 3(1)(b), Member States shall establish specific
  planning to renovate all buildings to zero or nearly zero- emission standard and ensure the overall building stock is decarbonised by 2050.

planning to renovate all buildings to zero or nearly zero- emission standard and ensure the overall building stock is decarbonised by 2050.

Member States may also apply locally integrated district or neighbourhood approaches, ensuring that all buildings on average meet the zero-carbon standards. For buildings of historical merit, the date shall be determined by the Member State on the basis of technical and feasibility assessments. Their emissions should be compensated through the promotion of climate-positive buildings and expanding the production of renewable energy supplied by the grid
  .

Member States may also apply locally integrated district or neighbourhood approaches, ensuring that all buildings on average meet the zero-carbon standards. For buildings of historical merit, the date shall be determined by the Member State on the basis of technical and feasibility assessments. Their emissions should be compensated through the promotion of climate-positive buildings and expanding the production of renewable energy supplied by the grid

2.
     
  In addition to the minimum energy performance standards established pursuant to paragraph 1, each Member State may establish minimum energy performance standards for the renovation of all other existing buildings.

Where established, the minimum energy performance standards shall be designed with a view to the national roadmap and the 2030, 2040 and 2050 targets contained in the Member State's building renovation plan and to the transformation of the national building stock into zero-emission buildings by 2050.

2.
     In accordance with Article 15, Member States
  and local and regional authorities
  shall support compliance with
  zero-emission
  standards by all the following measures:

| (a) | providing appropriate financial measures, in particular those targeting vulnerable
  low- and medium-income
  households, people affected by energy poverty or living in social housing, in line with Article 22 of Directive (EU) .../.... [recast EED]
  and in order to address market barriers
  ; |
| --- | --- |

(a)

providing appropriate financial measures, in particular those targeting vulnerable
  low- and medium-income
  households, people affected by energy poverty or living in social housing, in line with Article 22 of Directive (EU) .../.... [recast EED]
  and in order to address market barriers
  ;

low- and medium-income

and in order to address market barriers

| (b) | providing technical assistance, including through one-stop-shops; |
| --- | --- |

(b)

providing technical assistance, including through one-stop-shops;

| (c) | designing integrated financing schemes; |
| --- | --- |

(c)

designing integrated financing schemes;

| (d) | removing non-economic barriers, including split incentives; and |
| --- | --- |

(d)

removing non-economic barriers, including split incentives; and

| (e) | monitoring social impacts, in particular on the most vulnerable. |
| --- | --- |

(e)

monitoring social impacts, in particular on the most vulnerable.

| (f) | repurposing unused buildings and adapting them to today's needs |
| --- | --- |

(f)

(f)

repurposing unused buildings and adapting them to today's needs

repurposing unused buildings and adapting them to today's needs

| (g) | setting the framework to ensure that there is a sufficient workforce with the appropriate level of skills to allow for the timely implementation of the requirements. |
| --- | --- |

(g)

(g)

setting the framework to ensure that there is a sufficient workforce with the appropriate level of skills to allow for the timely implementation of the requirements.

setting the framework to ensure that there is a sufficient workforce with the appropriate level of skills to allow for the timely implementation of the requirements.

3.
     In accordance with Article 15, Member States shall support compliance with
  minimum energy performance
  standards by all the following measures:

3.
     Where a building is renovated in order to comply with a
  zero-emission
  standard, Member States shall ensure compliance with the minimum energy performance requirements for building elements pursuant to Article 5 and, in case of major renovation, with the
  zero-emission
  requirements for existing buildings pursuant to Article 8.

| (a) | providing appropriate financial measures, in particular those targeting vulnerable households, people affected by energy poverty or living in social housing, in line with Article 22 of Directive (EU) .../.... [recast EED]; |
| --- | --- |

(a)

providing appropriate financial measures, in particular those targeting vulnerable households, people affected by energy poverty or living in social housing, in line with Article 22 of Directive (EU) .../.... [recast EED];

| (b) | providing technical assistance, including through one-stop-shops; |
| --- | --- |

(b)

providing technical assistance, including through one-stop-shops;

| (c) | designing integrated financing schemes; |
| --- | --- |

(c)

designing integrated financing schemes;

| (d) | removing non-economic barriers, including split incentives; and |
| --- | --- |

(d)

removing non-economic barriers, including split incentives; and

| (e) | monitoring social impacts, in particular on the most vulnerable. |
| --- | --- |

(e)

monitoring social impacts, in particular on the most vulnerable.

4.
     Where a building is renovated in order to comply with a
  minimum energy performance
  standard, Member States shall ensure compliance with the minimum energy performance requirements for building elements pursuant to Article 5 and, in case of major renovation, with the
  minimum energy performance
  requirements for existing buildings pursuant to Article 8.

4.
     Member States
  in cooperation with local and regional authorities
  may decide not to apply the
  zero-emission
  standards referred to in paragraphs 1 and 2 to the following categories of buildings:

| (a) | buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with the standards would unacceptably alter their character or appearance; |
| --- | --- |

(a)

buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with the standards would unacceptably alter their character or appearance;

| (b) | buildings used as places of worship and for religious activities; |
| --- | --- |

(b)

buildings used as places of worship and for religious activities;

| (c) | temporary buildings with a time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance; |
| --- | --- |

(c)

temporary buildings with a time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance;

| (d) | residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use; |
| --- | --- |

(d)

residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use;

| (e) | stand-alone buildings with a total useful floor area of less than 50 m2. |
| --- | --- |

(e)

stand-alone buildings with a total useful floor area of less than 50 m2.

The above-mentioned buildings will still have to be renovated with a view to reducing as much as possible their carbon footprint and avoid hindering the achievement of the overall target of climate neutrality.

The above-mentioned buildings will still have to be renovated with a view to reducing as much as possible their carbon footprint and avoid hindering the achievement of the overall target of climate neutrality.

5.
     Member States may decide not to apply the
  minimum energy performance
  standards referred to in paragraphs 1 and 2 to the following categories of buildings:

5
  .   Member States
  in cooperation with local and regional authorities
  shall take the measures necessary to ensure the implementation of minimum energy performance standards referred to in paragraphs 1 and 2, including appropriate monitoring mechanisms and penalties in accordance with Article 31.

| (a) | buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with the standards would unacceptably alter their character or appearance; |
| --- | --- |

(a)

buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with the standards would unacceptably alter their character or appearance;

| (b) | buildings used as places of worship and for religious activities; |
| --- | --- |

(b)

buildings used as places of worship and for religious activities;

| (c) | temporary buildings with a time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance; |
| --- | --- |

(c)

temporary buildings with a time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and non-residential agricultural buildings which are used by a sector covered by a national sectoral agreement on energy performance;

| (d) | residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use; |
| --- | --- |

(d)

residential buildings which are used or intended to be used for either less than four months of the year or, alternatively, for a limited annual time of use and with an expected energy consumption of less than 25 % of what would be the result of all-year use;

| (e) | stand-alone buildings with a total useful floor area of less than 50 m2. |
| --- | --- |

(e)

stand-alone buildings with a total useful floor area of less than 50 m2.

6.
     Member States shall take the measures necessary to ensure the implementation of minimum energy performance standards referred to in paragraphs 1 and 2, including appropriate monitoring mechanisms and penalties in accordance with Article 31.

Reason

Reason

Minimum requirement must be aligned with climate neutrality to avoid carbon lock-in effect.

Amendment 45

Amendment 45

Article 10

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Renovation passport | Renovation passport |
| 1.   By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for renovation passports, based on the criteria set out in paragraph 2. | 1.   By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for renovation passports, based on the criteria set out in paragraph 2. |
| 2.   By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1. | 2.   By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1. |
| 3.   The renovation passport shall comply with the following requirements: | 3.   The renovation passport shall comply with the following requirements: |
| (a) | it shall be issued by a qualified and certified expert, following an on-site visit; |

Text proposed by the European Commission

CoR amendment

Renovation passport

Renovation passport

Renovation passport

Renovation passport

1.   By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for renovation passports, based on the criteria set out in paragraph 2.

1.   By 31 December 2023, the Commission shall adopt delegated acts in accordance with Article 29 supplementing this Directive by establishing a common European framework for renovation passports, based on the criteria set out in paragraph 2.

2.   By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1.

2.   By 31 December 2024, Member States shall introduce a scheme of renovation passports based on the common framework established in accordance with paragraph 1.

3.   The renovation passport shall comply with the following requirements:

3.   The renovation passport shall comply with the following requirements:

(a)

it shall be issued by a qualified and certified expert, following an on-site visit;

| (a) | it shall be issued by a qualified and certified expert, following an on-site visit; |
| --- | --- |

(a)

it shall be issued by a qualified and certified expert, following an on-site visit;

| (b) | it shall comprise a renovation roadmap
  indicating a sequence of renovation steps building upon each other, with the objective to transform the building into a zero-emission building by 2050 at the latest
  ; |
| --- | --- |

(b)

it shall comprise a renovation roadmap
  indicating a sequence of renovation steps building upon each other, with the objective to transform the building into a zero-emission building by 2050 at the latest
  ;

indicating a sequence of renovation steps building upon each other, with the objective to transform the building into a zero-emission building by 2050 at the latest

| (b) | it shall comprise a
  clear
  renovation roadmap
  for one-go renovation projects which bundle several buildings at the neighbourhood or city level to help local authorities identify the best timing to renovate each neighbourhood and to prioritise neighbourhoods to renovate first; |
| --- | --- |

(b)

it shall comprise a
  clear
  renovation roadmap
  for one-go renovation projects which bundle several buildings at the neighbourhood or city level to help local authorities identify the best timing to renovate each neighbourhood and to prioritise neighbourhoods to renovate first;

clear

for one-go renovation projects which bundle several buildings at the neighbourhood or city level to help local authorities identify the best timing to renovate each neighbourhood and to prioritise neighbourhoods to renovate first;

| (c) | it shall indicate the expected benefits in terms of energy savings, savings on energy bills and operational greenhouse emission reductions as well as wider benefits related to health and comfort and the improved adaptive capacity of the building to climate change; and |
| --- | --- |

(c)

it shall indicate the expected benefits in terms of energy savings, savings on energy bills and operational greenhouse emission reductions as well as wider benefits related to health and comfort and the improved adaptive capacity of the building to climate change; and

| (c) | it shall indicate the expected benefits in terms of energy savings, savings on energy bills and operational greenhouse emission reductions as well as wider benefits related to health and comfort and the improved adaptive capacity of the building to climate change; and |
| --- | --- |

(c)

it shall indicate the expected benefits in terms of energy savings, savings on energy bills and operational greenhouse emission reductions as well as wider benefits related to health and comfort and the improved adaptive capacity of the building to climate change; and

| (d) | it shall contain information about potential financial and technical support. |
| --- | --- |

(d)

it shall contain information about potential financial and technical support.

| (d) | it shall contain information about potential financial and technical support. |
| --- | --- |

(d)

it shall contain information about potential financial and technical support.

Reason

Reason

Staged renovation risks to lead to inefficient renovation strategies and to carbon lock-in effect.

Amendment 46

Amendment 46

Article 12

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Infrastructure for sustainable mobility | Infrastructure for sustainable mobility |
| 1.   With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure: | 1.   With regard to new
  residential and
  non-residential buildings
  and residential
  and non-residential buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure: |
| (a) | the installation of at least one recharging point |

Text proposed by the European Commission

CoR amendment

Infrastructure for sustainable mobility

Infrastructure for sustainable mobility

1.   With regard to new non-residential buildings and non-residential buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure:

1.   With regard to new
  residential and
  non-residential buildings
  and residential
  and non-residential buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure:

(a)

the installation of at least one recharging point

| (a) | the installation of at least one recharging point |
| --- | --- |

(a)

the installation of at least one recharging point

| (b) | the installation of pre-cabling for every parking space to enable the installation at a later stage of recharging points for electric vehicles; and |
| --- | --- |

(b)

the installation of pre-cabling for every parking space to enable the installation at a later stage of recharging points for electric vehicles; and

| (b) | the installation of pre-cabling for every parking space to enable the installation at a later stage of recharging points for electric vehicles
  and bikes
  ; and |
| --- | --- |

(b)

the installation of pre-cabling for every parking space to enable the installation at a later stage of recharging points for electric vehicles
  and bikes
  ; and

and bikes

| (c) | at least
  one
  bicycle parking space for every car parking space; |
| --- | --- |

(c)

at least
  one
  bicycle parking space for every car parking space;

one

| (c) | at least
  two
  bicycle parking space for every car parking space
  (with the assumption that each car is used at least by two people)
  ; |
| --- | --- |

(c)

at least
  two
  bicycle parking space for every car parking space
  (with the assumption that each car is used at least by two people)
  ;

two

(with the assumption that each car is used at least by two people)

Where the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park. Member States shall ensure that the pre-cabling is dimensioned so as to enable the simultaneous use of the expected number of recharging points. By way of derogation from the first subparagraph, point (a), for new office buildings and office buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure the installation of at least one recharging point for every two parking spaces.

Where the car
  and the bicycle
  park is physically adjacent to the building, and, for major renovations, renovation measures include the car
  and bicycle
  park or the electrical infrastructure of the car
  and bicycle
  park. Member States shall ensure that the pre-cabling is dimensioned so as to enable the simultaneous use of the expected number of recharging points. By way of derogation from the first subparagraph, point (a), for new office buildings and office buildings undergoing major renovation, with more than five parking spaces, Member States shall ensure the installation of at least one recharging point for every two parking spaces.

and the bicycle

and bicycle

and bicycle

2.   With regard to all non-residential buildings with more than twenty parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.

2.   With regard to all non-residential buildings with more than twenty parking spaces, Member States shall ensure the installation of at least one recharging point for every ten parking spaces, and at least one bicycle parking space for every car parking space, by 1 January 2027. In case of buildings owned or occupied by public authorities, Member States shall ensure pre-cabling for at least one in two parking spaces by 1 January 2033.

3.   Member States may adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings where bicycles are typically less used as a means of transport.

3.   Member States may adjust requirements for the number of bicycle parking spaces in accordance with paragraphs 1 and 2 for specific categories of non-residential buildings where bicycles are typically less used as a means of transport.

4.   With regard to new residential buildings and residential buildings undergoing major renovation, with more than three parking spaces, Member States shall ensure:

4.   With regard to new residential buildings and residential buildings undergoing major renovation, with more than three parking spaces, Member States shall ensure:

| (a) | the installation of pre-cabling for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles;, and |
| --- | --- |

(a)

the installation of pre-cabling for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles;, and

| (a) | the installation of pre-cabling for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles
  and bicycles
  , and |
| --- | --- |

(a)

the installation of pre-cabling for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles
  and bicycles
  , and

and bicycles

| (b) | at least two bicycle parking spaces for every dwelling. Where the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park. Member States shall ensure that the pre-cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces. |
| --- | --- |

(b)

at least two bicycle parking spaces for every dwelling. Where the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park. Member States shall ensure that the pre-cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces.

| (b) | at least two bicycle parking spaces for every dwelling. |
| --- | --- |

(b)

at least two bicycle parking spaces for every dwelling.

Where, in the case of major renovation, ensuring two bicycle parking spaces for every dwelling is not feasible, Member States shall ensure as many bicycle parking spaces as appropriate.

Where the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park. Member States shall ensure that the pre-cabling is dimensioned to enable the simultaneous use of recharging points on all parking spaces. Where, in the case of major renovation, ensuring two bicycle parking spaces for every dwelling is not feasible, Member States shall ensure as many bicycle parking spaces as appropriate.

5.   Member States may decide not to apply paragraphs 1, 2 and 4 to specific categories of buildings where the pre-cabling required would rely on micro isolated systems or the buildings are situated in the outermost regions within the meaning of Article 349 TFEU, if this would lead to substantial problems for the operation of the local energy system and would endanger the stability of the local grid.

5.   Member States may decide not to apply paragraphs 1, 2 and 4 to specific categories of buildings where the pre-cabling required would rely on micro isolated systems or the buildings are situated in the outermost regions within the meaning of Article 349 TFEU, if this would lead to substantial problems for the operation of the local energy system and would endanger the stability of the local grid.

6.   Member States shall ensure that the recharging points referred to in paragraphs 1, 2 and 4 are capable of smart charging and, where appropriate, bidirectional charging, and that they are operated based on non-proprietary and non-discriminatory communication protocols and standards, in an interoperable manner, and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to Article 19(6) and Article 19(7) of Regulation (EU) .../... [AFIR].

6.   Member States shall ensure that the recharging points referred to in paragraphs 1, 2 and 4 are capable of smart charging and, where appropriate, bidirectional charging, and that they are operated based on non-proprietary and non-discriminatory communication protocols and standards, in an interoperable manner, and in compliance with any legal standards and protocols in the delegated acts adopted pursuant to Article 19(6) and Article 19(7) of Regulation (EU) .../... [AFIR].

7.   Member States shall encourage that operators of non-publicly accessible recharging points operate them in accordance with Article 5(4) of Regulation (EU) .../.... [AFIR], where applicable.

7.   Member States shall encourage that operators of non-publicly accessible recharging points operate them in accordance with Article 5(4) of Regulation (EU) .../.... [AFIR], where applicable.

8.   Member States
  shall provide for
  measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and remove regulatory barriers, including permitting and approval procedures, without prejudice to the property and tenancy law of the Member States. Member States shall remove barriers to the installation of recharging points in residential buildings with parking spaces, in particular the need to obtain consent from the landlord or co-owners for a private recharging point for own use. Member States shall ensure the availability of technical assistance for building owners and tenants wishing to install recharging points.

8.   Member States
  should support local and regional authorities in implementing
  measures in order to simplify the deployment of recharging points in new and existing residential and non-residential buildings and remove regulatory barriers, including permitting and approval procedures, without prejudice to the property and tenancy law of the Member States. Member States shall remove barriers to the installation of recharging points in residential buildings with parking spaces, in particular the need to obtain consent from the landlord or co-owners for a private recharging point for own use. Member States shall ensure the availability of technical assistance for building owners and tenants wishing to install recharging points.

9.   Member States shall ensure the coherence of policies for buildings, soft and green mobility and urban planning.

9.   Member States shall ensure the coherence of policies for buildings, soft and green mobility
  and urban planning.

10.
     
  Member States should provide support to local and regional authorities in the design of zero emission land use
  and urban planning
  policies
  .

Reason

Reason

Self-evident.

Amendment 47

Amendment 47

Article 13.4

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The Commission shall, by 31 December 2025, and after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2 to non-residential buildings with an effective rated output for heating systems, or systems for combined heating and ventilation of over 290 kW. | The Commission shall, by 31 December 2025, and after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2 to non-residential buildings with an effective rated output for heating
  and cooling
  systems, or systems for combined heating and ventilation of over 290 kW. |

Text proposed by the European Commission

CoR amendment

The Commission shall, by 31 December 2025, and after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2 to non-residential buildings with an effective rated output for heating systems, or systems for combined heating and ventilation of over 290 kW.

The Commission shall, by 31 December 2025, and after having consulted the relevant stakeholders, adopt an implementing act detailing the technical modalities for the effective implementation of the application of the scheme referred to in paragraph 2 to non-residential buildings with an effective rated output for heating
  and cooling
  systems, or systems for combined heating and ventilation of over 290 kW.

and cooling

Reason

Reason

Self-evident.

Amendment 48

Amendment 48

Article 14.1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 1.   Member States shall ensure that the building owners, tenants and managers can have direct access to
  their
  building systems' data.
  At their
  request, the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6. For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobility. | 1.   Member States shall ensure that the building owners, tenants and managers can have direct access to
  the respective
  building systems' data.
  Upon
  request
  , with reasons given, and subject to the agreement of the owners
  , the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6. For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobility. |

Text proposed by the European Commission

CoR amendment

1.   Member States shall ensure that the building owners, tenants and managers can have direct access to
  their
  building systems' data.
  At their
  request, the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6. For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobility.

1.   Member States shall ensure that the building owners, tenants and managers can have direct access to
  the respective
  building systems' data.
  Upon
  request
  , with reasons given, and subject to the agreement of the owners
  , the access or data shall be made available to a third party. Member States shall facilitate the full interoperability of services and of data exchange within the Union in accordance with paragraph 6. For the purpose of this Directive, building systems data shall include at least all data related to the energy performance of building elements, the energy performance of building services, building automation and control systems, meters and charging points for e-mobility.

Reason

Reason

To ensure respect for personal data and to understand why the third parties need to access this highly personal data.

Amendment 49

Amendment 49

Article 15

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Financial incentives and market barriers | Financial incentives and market barriers |
| 1.   Member States shall
  provide appropriate
  financing, support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050. | 1.   
  By latest ... [one year before the Directive’s transposition deadline] the Commission shall propose (a) an EU Regulation enabling the EIB to guarantee access for all EPC ‘G’ and ‘F’ level EU homeowners and micro-and-small enterprises to cost-effective, long- term funding for deep home and microenterprise renovations via retail banks offering unified EU Renovation Loans backed with public guarantees and linked to the buildings’ value. (b) adaptations to EU Structural Funding rules requiring a substantially greater share of the funding to be invested in EPC ‘G’ and ‘F’ level renovation. |
| 2
  .   Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support. | 2.
     Member States shall
  bundle existing
  financing
  and provide adequate
  support measures and other instruments able
  to local and regional authorities
  to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050. |
| 3
  .   Member States shall make best cost-effective use of national financing and financing available established at Union level, in particular the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC [amended ETS] and other public funding sources. | 3
  .   Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support. |
| 4
  .   To support the mobilisation of investments, Member States shall promote the roll-out of enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and mortgage portfolio standards. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts. | 4
  .   Member States
  and the EU
  shall make best cost-effective use of national financing and financing available established at Union level, in particular
  to bundle
  the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC [amended ETS] and other public funding sources
  . Member States and the EU should simplify procedures for bundling existing finance at local and regional levels
  . |
| 5
  .   Member States shall facilitate the aggregation of projects to enable
  investor access as well as
  packaged solutions for
  potential clients
  . Member States shall adopt measures to ensure that energy efficiency lending products for building renovations are offered widely and in a non-discriminatory manner by financial institutions and are visible and accessible to consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings. | 5
  .   To support the mobilisation of investments, Member States shall promote the roll-out of enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and mortgage portfolio standards. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts. |
| 6
  .   Member States shall ensure the establishment of technical assistance facilities, including through one-stop-shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including small- and medium-sized enterprises. | 6
  .   Member States shall facilitate the aggregation of projects
  and bundling existing finance
  to enable
  local and regional authorities to bundle renovation projects and make them attractive to investors through
  packaged
  financing
  solutions for
  grouped buildings to renovate
  . Member States shall adopt measures to ensure that energy efficiency lending products for building renovations are offered widely and in a non-discriminatory manner by financial institutions and are visible and accessible to consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings. |
| 7
  .   Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector. | 7
  .   Member States shall ensure the establishment of technical assistance facilities, including through one-stop-shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including small- and medium-sized enterprises. |
| 8
  .   The Commission shall, where appropriate, assist upon request Member States in setting up national or regional financial support programmes with the aim of
  increasing the energy performance
  of buildings, especially of existing buildings, by supporting the exchange of best practice between the responsible national or regional authorities or bodies. | 8
  .   Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector. |
| 9
  .   Member States shall link their financial measures for
  energy performance improvements
  in the renovation of buildings to
  the targeted or
  achieved
  energy savings
  , as determined by one or more of the following criteria: | 9
  .   The Commission shall, where appropriate, assist upon request Member States in setting up national or regional financial support programmes with the aim of
  reaching zero or nearly-zero-emission standards in
  of buildings, especially of existing buildings, by supporting the exchange of best practice between the responsible national or regional authorities or bodies. |
| (a) | the energy performance of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification and shall comply with
  minimum energy performance
  requirements for building elements; |

Text proposed by the European Commission

CoR amendment

Financial incentives and market barriers

Financial incentives and market barriers

1.   Member States shall
  provide appropriate
  financing, support measures and other instruments able to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050.

1.   
  By latest ... [one year before the Directive’s transposition deadline] the Commission shall propose (a) an EU Regulation enabling the EIB to guarantee access for all EPC ‘G’ and ‘F’ level EU homeowners and micro-and-small enterprises to cost-effective, long- term funding for deep home and microenterprise renovations via retail banks offering unified EU Renovation Loans backed with public guarantees and linked to the buildings’ value. (b) adaptations to EU Structural Funding rules requiring a substantially greater share of the funding to be invested in EPC ‘G’ and ‘F’ level renovation.

2
  .   Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support.

2.
     Member States shall
  bundle existing
  financing
  and provide adequate
  support measures and other instruments able
  to local and regional authorities
  to address market barriers and stimulate the necessary investments in energy renovations in line with their national building renovation plan and with a view to the transformation of their building stock into zero-emission buildings by 2050.

3
  .   Member States shall make best cost-effective use of national financing and financing available established at Union level, in particular the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC [amended ETS] and other public funding sources.

3
  .   Member States shall take appropriate regulatory measures to remove non-economic barriers to building renovation. With regard to buildings with more than one building unit, such measures may include removing unanimity requirements in co-ownership structures, or allowing co-ownership structures to be direct recipients of financial support.

4
  .   To support the mobilisation of investments, Member States shall promote the roll-out of enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and mortgage portfolio standards. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts.

4
  .   Member States
  and the EU
  shall make best cost-effective use of national financing and financing available established at Union level, in particular
  to bundle
  the Recovery and Resilience Facility, the Social Climate Fund, cohesion policy funds, InvestEU, auctioning revenues from emission trading pursuant to Directive 2003/87/EC [amended ETS] and other public funding sources
  . Member States and the EU should simplify procedures for bundling existing finance at local and regional levels
  .

5
  .   Member States shall facilitate the aggregation of projects to enable
  investor access as well as
  packaged solutions for
  potential clients
  . Member States shall adopt measures to ensure that energy efficiency lending products for building renovations are offered widely and in a non-discriminatory manner by financial institutions and are visible and accessible to consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings.

5
  .   To support the mobilisation of investments, Member States shall promote the roll-out of enabling funding and financial tools, such as energy efficiency loans and mortgages for building renovation, energy performance contracting, fiscal incentives, on-tax schemes, on-bill schemes, guarantee funds, funds targeting deep renovations, funds targeting renovations with a significant minimum threshold of targeted energy savings and mortgage portfolio standards. They shall guide investments into an energy efficient public building stock, in line with Eurostat guidance on the recording of Energy Performance Contracts in government accounts.

6
  .   Member States shall ensure the establishment of technical assistance facilities, including through one-stop-shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including small- and medium-sized enterprises.

6
  .   Member States shall facilitate the aggregation of projects
  and bundling existing finance
  to enable
  local and regional authorities to bundle renovation projects and make them attractive to investors through
  packaged
  financing
  solutions for
  grouped buildings to renovate
  . Member States shall adopt measures to ensure that energy efficiency lending products for building renovations are offered widely and in a non-discriminatory manner by financial institutions and are visible and accessible to consumers. Member States shall ensure that banks and other financial institutions and investors receive information on opportunities to participate in the financing of the improvement of energy performance of buildings.

7
  .   Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector.

7
  .   Member States shall ensure the establishment of technical assistance facilities, including through one-stop-shops, targeting all actors involved in building renovations, including home owners and administrative, financial and economic actors, including small- and medium-sized enterprises.

8
  .   The Commission shall, where appropriate, assist upon request Member States in setting up national or regional financial support programmes with the aim of
  increasing the energy performance
  of buildings, especially of existing buildings, by supporting the exchange of best practice between the responsible national or regional authorities or bodies.

8
  .   Member States shall put in place measures and financing to promote education and training to ensure that there is a sufficient workforce with the appropriate level of skills corresponding to the needs in the building sector.

9
  .   Member States shall link their financial measures for
  energy performance improvements
  in the renovation of buildings to
  the targeted or
  achieved
  energy savings
  , as determined by one or more of the following criteria:

9
  .   The Commission shall, where appropriate, assist upon request Member States in setting up national or regional financial support programmes with the aim of
  reaching zero or nearly-zero-emission standards in
  of buildings, especially of existing buildings, by supporting the exchange of best practice between the responsible national or regional authorities or bodies.

(a)

the energy performance of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification and shall comply with
  minimum energy performance
  requirements for building elements;

minimum energy performance

| (b) | standard values for calculation of
  energy savings
  in buildings; |
| --- | --- |

(b)

standard values for calculation of
  energy savings
  in buildings;

energy savings

| (c) | the improvement achieved due to such renovation by comparing energy performance certificates issued before and after renovation; |
| --- | --- |

(c)

the improvement achieved due to such renovation by comparing energy performance certificates issued before and after renovation;

| (d) | the results of an energy audit; |
| --- | --- |

(d)

the results of an energy audit;

| (e) | the results of another relevant, transparent and proportionate method that shows the improvement in energy performance. |
| --- | --- |

(e)

the results of another relevant, transparent and proportionate method that shows the improvement in energy performance.

10
  .   From 1 January 2027 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before 2027, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council (1) on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council (2) on the CAP Strategic Plans.

10
  .   Member States shall link their financial measures for
  zero-emission
  in the renovation of buildings to achieved
  emission reduction
  , as determined by one or more of the following criteria:

| (a) | the energy performance of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification and shall comply with
  zero or nearly
  -
  zero-emission
  requirements for building elements; |
| --- | --- |

(a)

the energy performance of the equipment or material used for the renovation; in which case, the equipment or material used for the renovation is to be installed by an installer with the relevant level of certification or qualification and shall comply with
  zero or nearly
  -
  zero-emission
  requirements for building elements;

zero or nearly

zero-emission

| (b) | standard values for calculation of
  zero-emissions
  in buildings; |
| --- | --- |

(b)

standard values for calculation of
  zero-emissions
  in buildings;

zero-emissions

| (c) | the improvement achieved due to such renovation by comparing energy performance certificates issued before and after renovation; |
| --- | --- |

(c)

the improvement achieved due to such renovation by comparing energy performance certificates issued before and after renovation;

| (d) | the results of an energy audit; |
| --- | --- |

(d)

the results of an energy audit;

| (e) | the results of another relevant, transparent and proportionate method that shows the improvement in energy performance. |
| --- | --- |

(e)

the results of another relevant, transparent and proportionate method that shows the improvement in energy performance.

11
  .   Member States shall incentivise
  deep renovation and
  sizeable programmes that
  address a high number of
  buildings and result in an overall
  reduction of at least 30 % of primary energy demand
  with higher financial, fiscal, administrative and technical support. Member States shall
  ensure that a
  staged deep
  renovation which receives public financial incentives follows the steps set out in a
  renovation
  passport
  .

11
  .   From 1 January 2027 at the latest, Member States shall not provide any financial incentives for the installation of boilers powered by fossil fuels, with the exception of those selected for investment, before 2027, in accordance with Article 7(1)(h)(i) third hyphen of Regulation (EU) 2021/1058 of the European Parliament and the Council (1) on the European Regional Development Fund and on the Cohesion Fund and with Article 73 of Regulation (EU) 2021/2115 of the European Parliament and the Council (2) on the CAP Strategic Plans.

12
  .   Financial incentives shall target as a priority vulnerable households, people affected by energy poverty and people living in social housing, in line with Article 22 of Directive (EU) .../.... [recast EED].

12
  .   Member States shall incentivise sizeable programmes that
  aim at zero emission
  buildings and result in an overall
  zero emission
  with higher financial, fiscal, administrative and technical support.
  From 1 January 2027,
  Member States shall
  not provide any financial, fiscal, administrative and technical support to
  staged deep renovation.

13
  .   When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants, in particular by providing rent support or by imposing caps on rent increases.

13
  .   Financial incentives shall target as a priority vulnerable households, people affected by energy poverty and people living in social housing, in line with Article 22 of Directive (EU) .../.... [recast EED].

14
  .   When providing financial incentives to owners of buildings or building units for the renovation of rented buildings or building units, Member States shall ensure that the financial incentives benefit both the owners and the tenants, in particular by providing rent support or by imposing caps on rent increases.

15.
     
  The EU and Member States shall provide ring-fenced, dedicated financing for the energy efficiency renovation of buildings officially protected as part of a designated environment or because of their special architectural or historic merit
  .

Reason

Reason

In order to reach a successful implementation of the directive, it is important to foresee a proper financing for local and regional authorities.

Amendment 50

Amendment 50

Article 16

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Energy performance certificates | Energy performance certificates |
| 1.   Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building expressed by a numeric indicator of primary energy use in kWh/(m2.y), and reference values such as minimum energy performance requirements, minimum energy performance standards, nearly zero-energy building requirements and zero-emission building requirements, in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance. | 1.   Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building expressed by a numeric indicator of primary energy use in kWh/(m2.y), and reference values such as minimum energy performance requirements, minimum energy performance standards, nearly zero-energy building requirements and zero-emission building requirements, in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance. |
| 2.   By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15 % worst-performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory. | 2.   By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A
  +
  shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15 % worst-performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory. |
| 3.   Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visit. | 3.   Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visit. |
| 4.   The energy performance certificate shall include recommendations for
  the cost-effective improvement of the energy performance and
  the reduction of operational greenhouse gases emissions of a building or building unit, unless the building or building unit already complies with the relevant zero-emission building standard. The recommendations included in the energy performance certificate shall cover: | 4.   The energy performance certificate shall include recommendations for the reduction of operational greenhouse gases emissions of a building or building unit, unless the building or building unit already complies with the relevant zero-emission building standard. The recommendations included in the energy performance certificate shall cover: |
| (a) | measures carried out in connection with a major renovation of the building envelope or technical building system or systems; |

Text proposed by the European Commission

CoR amendment

Energy performance certificates

Energy performance certificates

1.   Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building expressed by a numeric indicator of primary energy use in kWh/(m2.y), and reference values such as minimum energy performance requirements, minimum energy performance standards, nearly zero-energy building requirements and zero-emission building requirements, in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance.

1.   Member States shall lay down the necessary measures to establish a system of certification of the energy performance of buildings. The energy performance certificate shall include the energy performance of a building expressed by a numeric indicator of primary energy use in kWh/(m2.y), and reference values such as minimum energy performance requirements, minimum energy performance standards, nearly zero-energy building requirements and zero-emission building requirements, in order to make it possible for owners or tenants of the building or building unit to compare and assess its energy performance.

2.   By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15 % worst-performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.

2.   By 31 December 2025 at the latest, the energy performance certificate shall comply with the template in Annex V. It shall specify the energy performance class of the building, on a closed scale using only letters from A to G. The letter A
  +
  shall correspond to zero-emission buildings as defined in Article 2, point (2) and the letter G shall correspond to the 15 % worst-performing buildings in the national building stock at the time of the introduction of the scale. Member States shall ensure that the remaining classes (B to F) have an even bandwidth distribution of energy performance indicators among the energy performance classes. Member States shall ensure a common visual identity for energy performance certificates on their territory.

3.   Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visit.

3.   Member States shall ensure the quality, reliability and affordability of energy performance certificates. They shall ensure that energy performance certificates are issued by independent experts following an on-site visit.

4.   The energy performance certificate shall include recommendations for
  the cost-effective improvement of the energy performance and
  the reduction of operational greenhouse gases emissions of a building or building unit, unless the building or building unit already complies with the relevant zero-emission building standard. The recommendations included in the energy performance certificate shall cover:

4.   The energy performance certificate shall include recommendations for the reduction of operational greenhouse gases emissions of a building or building unit, unless the building or building unit already complies with the relevant zero-emission building standard. The recommendations included in the energy performance certificate shall cover:

(a)

measures carried out in connection with a major renovation of the building envelope or technical building system or systems;

| (a) | measures carried out in connection with a major renovation of the building envelope or technical building system or systems; |
| --- | --- |

(a)

measures carried out in connection with a major renovation of the building envelope or technical building system or systems;

| (b) | measures for individual building elements independent of a major renovation of the building envelope or technical building system or systems. |
| --- | --- |

(b)

measures for individual building elements independent of a major renovation of the building envelope or technical building system or systems.

| (b) | measures for individual building elements independent of a major renovation of the building envelope or technical building system or systems. |
| --- | --- |

(b)

measures for individual building elements independent of a major renovation of the building envelope or technical building system or systems.

5.   The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide an estimate for the energy savings
  and the reduction of
  operational greenhouse gas emissions. They may provide an estimate for the range of payback periods or cost-benefits over its economic lifecycle.

5.   The recommendations included in the energy performance certificate shall be technically feasible for the specific building and shall provide an estimate for the energy savings
  to reach zero or nearly-zero
  operational greenhouse gas emissions. They may provide an estimate for the range of payback periods or cost-benefits over its economic lifecycle.

6.   The recommendations shall include an assessment of whether the heating or air-conditioning system can be adapted to operate at more efficient temperature settings, such as low temperature emitters for water based heating systems, including the required design of thermal power output and temperature/flow requirements.

6.   The recommendations shall include an assessment of whether the heating or air-conditioning system can be adapted to operate at more efficient temperature settings, such as low temperature emitters for water based heating systems, including the required design of thermal power output and temperature/flow requirements.

7.   The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information, including as regards the cost-effectiveness of the recommendations made in the energy performance certificate. The evaluation of cost effectiveness shall be based on a set of standard conditions, such as the assessment of energy savings and underlying energy prices and a preliminary cost forecast. In addition, it shall contain information on the
  steps to be taken to implement
  the recommendations. Other information on related topics, such as energy audits or incentives of a financial or other nature and financing possibilities, or advice on how to increase the climate resilience of the building, may also be provided to the owner or tenant.

7.   The energy performance certificate shall provide an indication as to where the owner or tenant can receive more detailed information, including as regards the cost-effectiveness of the recommendations made in the energy performance certificate. The evaluation of cost effectiveness shall be based on a set of standard conditions, such as the assessment of energy savings and underlying energy prices and a preliminary cost forecast. In addition, it shall contain information on the
  implementation of
  the recommendations. Other information on related topics, such as energy audits or incentives of a financial or other nature and financing possibilities, or advice on how to increase the climate resilience of the building, may also be provided to the owner or tenant.

8.   Certification for building units may be based:

8.   Certification for building units may be based:

| (a) | on a common certification of the whole building; |
| --- | --- |

(a)

on a common certification of the whole building;

| (a) | on a common certification of the whole building; |
| --- | --- |

(a)

on a common certification of the whole building;

| (b) | on the assessment of another representative building unit with the same energy-relevant characteristics in the same building. |
| --- | --- |

(b)

on the assessment of another representative building unit with the same energy-relevant characteristics in the same building.

| (b) | on the assessment of another representative building unit with the same energy-relevant characteristics in the same building. |
| --- | --- |

(b)

on the assessment of another representative building unit with the same energy-relevant characteristics in the same building.

9.   Certification for single-family houses may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality if such correspondence can be guaranteed by the expert issuing the energy performance certificate.

9.   Certification for single-family houses may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality if such correspondence can be guaranteed by the expert issuing the energy performance certificate.

10.   The validity of the energy performance certificate shall not exceed five years. However for buildings with an energy performance class A, B or C established pursuant to paragraph 2, the validity of the energy performance certificate shall not exceed 10 years.

10.   The validity of the energy performance certificate shall not exceed five years. However for buildings with an energy performance class A, B or C established pursuant to paragraph 2, the validity of the energy performance certificate shall not exceed 10 years.

11.   Member States shall make simplified procedures for updating an energy performance certificate available where only individual elements are upgraded (single or standalone measures). Member States shall make simplified procedures for updating an energy performance certificate available where measures identified in a renovation passport are put in place.

11.   Member States shall make simplified procedures for updating an energy performance certificate available where only individual elements are upgraded (single or standalone measures). Member States shall make simplified procedures for updating an energy performance certificate available where measures identified in a renovation passport are put in place.

Reason

Reason

Minimum requirement must be aligned with climate neutrality to avoid carbon lock-in effect.

Amendment 51

Amendment 51

Article 17.1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 1.   Member States shall ensure that a digital energy performance certificate is issued for: | 1.   Member States shall ensure that a digital energy performance certificate is issued for: |
| (a) | buildings or building units which are constructed, have undergone a major renovation, are sold or rented out to a new tenant
  , or for which a rental contract is renewed
  ; and |

Text proposed by the European Commission

CoR amendment

1.   Member States shall ensure that a digital energy performance certificate is issued for:

1.   Member States shall ensure that a digital energy performance certificate is issued for:

(a)

buildings or building units which are constructed, have undergone a major renovation, are sold or rented out to a new tenant
  , or for which a rental contract is renewed
  ; and

, or for which a rental contract is renewed

| (a) | buildings or building units which are constructed, have undergone a major renovation, are sold or rented out to a new tenant; and |
| --- | --- |

(a)

buildings or building units which are constructed, have undergone a major renovation, are sold or rented out to a new tenant; and

| (b) | buildings owned or occupied by public bodies. |
| --- | --- |

(b)

buildings owned or occupied by public bodies.

| (b) | buildings owned or occupied by public bodies. |
| --- | --- |

(b)

buildings owned or occupied by public bodies.

The requirement to issue an energy performance certificate does not apply where a certificate, issued in accordance with either Directive 2010/31/EU or this Directive, for the building or building unit concerned is available and valid.

The requirement to issue an energy performance certificate does not apply where a certificate, issued in accordance with either Directive 2010/31/EU or this Directive, for the building or building unit concerned is available and valid.

Reason

Reason

In some Member States contracts are tacitly renewed. Intervening would mean opening up legal disputes.

Amendment 52

Amendment 52

Article 17.2

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Member States shall require that, when buildings or building units are constructed, sold or rented out 
  or when rental contracts are renewed
  , the energy performance certificate is shown to the prospective tenant or buyer and handed over to the buyer or tenant. | Member States shall require that, when buildings or building units are constructed, sold or rented out, the energy performance certificate is shown to the prospective
  new
  tenant or buyer and handed over to the buyer or
  new
  tenant. |

Text proposed by the European Commission

CoR amendment

Member States shall require that, when buildings or building units are constructed, sold or rented out 
  or when rental contracts are renewed
  , the energy performance certificate is shown to the prospective tenant or buyer and handed over to the buyer or tenant.

or when rental contracts are renewed

Member States shall require that, when buildings or building units are constructed, sold or rented out, the energy performance certificate is shown to the prospective
  new
  tenant or buyer and handed over to the buyer or
  new
  tenant.

new

new

Reason

Reason

In some Member States contracts are tacitly renewed. Intervening would mean opening up legal disputes.

Amendment 53

Amendment 53

Article 19.1

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Databases for energy performance of buildings 1. Each Member State shall set up a national
  database
  for energy performance of buildings which allows data to be gathered on the energy performance of the buildings and on the overall energy performance of the national building stock. The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered. | Databases for energy performance
  and emissions
  of buildings 1. Each Member State shall set up national
  databases, with regional breakdown,
  for energy performance of buildings
  and their related emissions
  which allows data to be gathered on the energy performance of the buildings and on the overall energy performance
  and emissions
  of the national building stock. The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered. |

Text proposed by the European Commission

CoR amendment

Databases for energy performance of buildings 1. Each Member State shall set up a national
  database
  for energy performance of buildings which allows data to be gathered on the energy performance of the buildings and on the overall energy performance of the national building stock. The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered.

database

Databases for energy performance
  and emissions
  of buildings 1. Each Member State shall set up national
  databases, with regional breakdown,
  for energy performance of buildings
  and their related emissions
  which allows data to be gathered on the energy performance of the buildings and on the overall energy performance
  and emissions
  of the national building stock. The database shall allow data to be gathered related to energy performance certificates, inspections, the building renovation passport, the smart readiness indicator and the calculated or metered energy consumption of the buildings covered.

and emissions

databases, with regional breakdown,

and their related emissions

and emissions

Reason

Reason

It is important to set up a national databases for energy performance and emissions of buildings, but with regional breakdown.

Amendment 54

Amendment 54

Article 26.3

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Member States shall ensure that guidance and training are made available for those responsible for implementing this Directive. Such guidance and training shall address the importance of improving energy performance, and shall enable consideration of the optimal combination of improvements in energy efficiency,
  reduction of
  greenhouse gas emissions, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas. Such guidance and training may also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter) and accessibility for persons with disabilities. | Member States shall ensure that guidance and training are made available for
  local and regional authorities and
  those responsible for implementing this Directive. Such guidance and training shall address the importance of
  reducing energy and materials demand and,
  improving energy performance
  to ensure buildings are at zero and nearly-zero emission standards over their life cycle
  , and shall enable consideration of the optimal combination of
  energy and materials demand reduction,
  improvements in energy efficiency,
  zero
  greenhouse gas emissions, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas. Such guidance and training
  should also include land use and urban planning policies and
  may also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter) and accessibility for persons with disabilities. |

Text proposed by the European Commission

CoR amendment

Member States shall ensure that guidance and training are made available for those responsible for implementing this Directive. Such guidance and training shall address the importance of improving energy performance, and shall enable consideration of the optimal combination of improvements in energy efficiency,
  reduction of
  greenhouse gas emissions, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas. Such guidance and training may also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter) and accessibility for persons with disabilities.

reduction of

Member States shall ensure that guidance and training are made available for
  local and regional authorities and
  those responsible for implementing this Directive. Such guidance and training shall address the importance of
  reducing energy and materials demand and,
  improving energy performance
  to ensure buildings are at zero and nearly-zero emission standards over their life cycle
  , and shall enable consideration of the optimal combination of
  energy and materials demand reduction,
  improvements in energy efficiency,
  zero
  greenhouse gas emissions, use of energy from renewable sources and use of district heating and cooling when planning, designing, building and renovating industrial or residential areas. Such guidance and training
  should also include land use and urban planning policies and
  may also address structural improvements, adaptation to climate change, fire safety, risks related to intense seismic activity, the removal of hazardous substances including asbestos, air pollutant emissions (including fine particulate matter) and accessibility for persons with disabilities.

local and regional authorities and

reducing energy and materials demand and,

to ensure buildings are at zero and nearly-zero emission standards over their life cycle

energy and materials demand reduction,

zero

should also include land use and urban planning policies and

Reason

Reason

Self-explanatory.

Amendment 55

Amendment 55

Annex 3

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| The total annual primary energy use of a new zero-emission building shall comply with the
  maximum thresholds indicated in the table below. [...]
  The total annual primary energy use of a new or renovated zero-emission building shall be fully covered, on a net annual basis, by – energy from renewable sources generated on-site and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED], – renewable energy provided from a renewable energy community within the meaning of Article 22 of Directive (EU) 2018/2001 [amended RED], or – renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) .../... [recast EED]. A zero-emission building shall not cause any on-site carbon emissions from fossil fuels. Only where, due to the nature of the building or lack of access to renewable energy communities or eligible district heating and cooling systems, it is technically not feasible to fulfil the requirements under the first paragraph, the total annual primary energy use may also be covered by energy from the grid complying with criteria established at national level. | The total annual primary energy use of a new zero-emission building shall comply with the
  methodology of articles 4-6. These should be developed and complemented with requirements on greenhouse gas emissions to ensure the compliance with the EU climate neutrality target.
  The total annual primary energy use of a new or renovated zero-emission building shall be fully covered, on a net annual basis, by – energy from renewable
  or waste energy
  sources generated on-site
  or provided through the grid
  and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED], – renewable energy provided from a renewable energy community within the meaning of Article 22 of Directive (EU) 2018/2001 [amended RED], or – renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) .../... [recast EED]. A zero-emission building shall not cause any on-site carbon emissions from fossil fuels. Only where, due to the nature of the building or lack of access to renewable energy communities or eligible district heating and cooling systems, it is technically not feasible to fulfil the requirements under the first paragraph, the total annual primary energy use may also be covered by energy from the grid complying with criteria established at national level. |

Text proposed by the European Commission

CoR amendment

The total annual primary energy use of a new zero-emission building shall comply with the
  maximum thresholds indicated in the table below. [...]
  The total annual primary energy use of a new or renovated zero-emission building shall be fully covered, on a net annual basis, by – energy from renewable sources generated on-site and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED], – renewable energy provided from a renewable energy community within the meaning of Article 22 of Directive (EU) 2018/2001 [amended RED], or – renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) .../... [recast EED]. A zero-emission building shall not cause any on-site carbon emissions from fossil fuels. Only where, due to the nature of the building or lack of access to renewable energy communities or eligible district heating and cooling systems, it is technically not feasible to fulfil the requirements under the first paragraph, the total annual primary energy use may also be covered by energy from the grid complying with criteria established at national level.

maximum thresholds indicated in the table below. [...]

The total annual primary energy use of a new zero-emission building shall comply with the
  methodology of articles 4-6. These should be developed and complemented with requirements on greenhouse gas emissions to ensure the compliance with the EU climate neutrality target.
  The total annual primary energy use of a new or renovated zero-emission building shall be fully covered, on a net annual basis, by – energy from renewable
  or waste energy
  sources generated on-site
  or provided through the grid
  and fulfilling the criteria of Article 7 of Directive (EU) 2018/2001 [amended RED], – renewable energy provided from a renewable energy community within the meaning of Article 22 of Directive (EU) 2018/2001 [amended RED], or – renewable energy and waste heat from an efficient district heating and cooling system in accordance with Article (24(1) of Directive (EU) .../... [recast EED]. A zero-emission building shall not cause any on-site carbon emissions from fossil fuels. Only where, due to the nature of the building or lack of access to renewable energy communities or eligible district heating and cooling systems, it is technically not feasible to fulfil the requirements under the first paragraph, the total annual primary energy use may also be covered by energy from the grid complying with criteria established at national level.

methodology of articles 4-6. These should be developed and complemented with requirements on greenhouse gas emissions to ensure the compliance with the EU climate neutrality target.

or waste energy

or provided through the grid

Reason

Reason

Self-explanatory.

II.   POLICY RECOMMENDATIONS

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

| 1. | highlights that the revision of the EPBD is a cornerstone of the Fit for 55 package and of paramount importance for the implementation of the Renovation Wave. It is therefore crucial to ensure that this revision foresees the right level of ambition and puts in place adequate support mechanisms with a view to achieving the climate neutrality of the EU building stock by 2050; |
| --- | --- |

1.

highlights that the revision of the EPBD is a cornerstone of the Fit for 55 package and of paramount importance for the implementation of the Renovation Wave. It is therefore crucial to ensure that this revision foresees the right level of ambition and puts in place adequate support mechanisms with a view to achieving the climate neutrality of the EU building stock by 2050;

| 2. | welcomes the reference to adaptation policies in the proposal; nevertheless, considers that adaptation should be more strongly embedded in the proposal and be part of the renovation passport; |
| --- | --- |

2.

welcomes the reference to adaptation policies in the proposal; nevertheless, considers that adaptation should be more strongly embedded in the proposal and be part of the renovation passport;

| 3. | welcomes the reference to the circularity approach in the proposal and stresses that circularity needs to be systematically referenced in the text, also taking embodied carbon into account; |
| --- | --- |

3.

welcomes the reference to the circularity approach in the proposal and stresses that circularity needs to be systematically referenced in the text, also taking embodied carbon into account;

| 4. | considers that the size of the challenges ahead in terms of climate transition and energy security require a more ambitious approach to energy transition as clearly outlined in the REPowerEU Plan. This should include technical assistance, training and upskilling of workers and strengthening capabilities of local and regional authorities; in this sense, considers that the concept of ‘energy sufficiency’ should be central in the proposal and embedded in the renovation passport; |
| --- | --- |

4.

considers that the size of the challenges ahead in terms of climate transition and energy security require a more ambitious approach to energy transition as clearly outlined in the REPowerEU Plan. This should include technical assistance, training and upskilling of workers and strengthening capabilities of local and regional authorities; in this sense, considers that the concept of ‘energy sufficiency’ should be central in the proposal and embedded in the renovation passport;

| 5. | highlights that a massive renovation of buildings is an opportunity to tackle energy poverty and make buildings of vulnerable households and enterprises energy positive; to this end, urges the establishment of a comprehensive policy on energy poverty, in order to avoid the Renovation Wave worsening the issues of energy poverty across the EU. For this reason, calls on the Commission to put in place a comprehensive strategy to eradicate energy poverty and stands ready to cooperate with the newly established Energy Poverty and Vulnerable Consumers Coordination Group with a view to designing a strategy that is fit for implementation at local and regional level. In this connection, older people should be offered solutions to finance the necessary climate protection measures and pensioners whose home constitutes their old-age insurance urgently need to be taken into account; |
| --- | --- |

5.

highlights that a massive renovation of buildings is an opportunity to tackle energy poverty and make buildings of vulnerable households and enterprises energy positive; to this end, urges the establishment of a comprehensive policy on energy poverty, in order to avoid the Renovation Wave worsening the issues of energy poverty across the EU. For this reason, calls on the Commission to put in place a comprehensive strategy to eradicate energy poverty and stands ready to cooperate with the newly established Energy Poverty and Vulnerable Consumers Coordination Group with a view to designing a strategy that is fit for implementation at local and regional level. In this connection, older people should be offered solutions to finance the necessary climate protection measures and pensioners whose home constitutes their old-age insurance urgently need to be taken into account;

| 6. | sees the need to include in the definition of zero and nearly-zero emission building the life-cycle thinking approach, with a view to promoting a climate-neutral building stock by 2050: this should respect technology-neutrality and a holistic view of energy systems to reflect varying conditions on local, regional and Member State levels. The definition should also accept energy from the electricity and gas grids, as soon as it is produced by renewable energy sources and recovered waste energy. It should be consistent with the paths for decarbonisation in the directives for energy efficiency (EED) and renewable energy (RED) in the energy system at large and not be sub optimised to only a building level issue; |
| --- | --- |

6.

sees the need to include in the definition of zero and nearly-zero emission building the life-cycle thinking approach, with a view to promoting a climate-neutral building stock by 2050: this should respect technology-neutrality and a holistic view of energy systems to reflect varying conditions on local, regional and Member State levels. The definition should also accept energy from the electricity and gas grids, as soon as it is produced by renewable energy sources and recovered waste energy. It should be consistent with the paths for decarbonisation in the directives for energy efficiency (EED) and renewable energy (RED) in the energy system at large and not be sub optimised to only a building level issue;

| 7. | considers that the use of Minimum Energy Performance Standards (MEPS), if not adequately ambitious, could result in a lock-in effect, reducing the level of ambition in the Renovation Wave and making it basically unfit for 2030 and 2050 targets, which are crucial for the climate transition but also to foster energy security. MEPS should also include life- cycle GHG requirements on construction and supply of renewable energy. Stresses that MEPS will only be effective if they succeed in keeping a high level of ambition and being accompanied by measures helping overcome barriers that have hampered renovation efforts to date and by the necessary funding and technical support to assist their introduction; |
| --- | --- |

7.

considers that the use of Minimum Energy Performance Standards (MEPS), if not adequately ambitious, could result in a lock-in effect, reducing the level of ambition in the Renovation Wave and making it basically unfit for 2030 and 2050 targets, which are crucial for the climate transition but also to foster energy security. MEPS should also include life- cycle GHG requirements on construction and supply of renewable energy. Stresses that MEPS will only be effective if they succeed in keeping a high level of ambition and being accompanied by measures helping overcome barriers that have hampered renovation efforts to date and by the necessary funding and technical support to assist their introduction;

| 8. | recognises the need to target the worst performing buildings and buildings with a large potential for energy savings; stresses the need to have the availability of skilled labour and entrepreneurs, and recognises the effect on building values and property markets which should not lead to any increased costs for tenants; therefore calls on the legal possibility for Member States to request an extension of the stated deadlines if justified by exceptional conditions; |
| --- | --- |

8.

recognises the need to target the worst performing buildings and buildings with a large potential for energy savings; stresses the need to have the availability of skilled labour and entrepreneurs, and recognises the effect on building values and property markets which should not lead to any increased costs for tenants; therefore calls on the legal possibility for Member States to request an extension of the stated deadlines if justified by exceptional conditions;

| 9. | points out that ‘major renovation’ of existing buildings, regardless of their size, occur once every 25 years in residential buildings and once every 15 years in non-residential ones; considers therefore that a staged renovation approach could risk hindering the ambition of the Renovation Wave and result in anti-economic approaches to building renovation, which should be tackled with a systematic and integrated approach rather than as a sum of separate interventions. In this sense, calls on the Commission and Member States to provide guidance on improving the energy efficiency of historic buildings, also leveraging the work of the European Bauhaus Initiative. The renovation of these buildings should be supported by dedicated funding schemes and adequate flexibility of the timeframe should be granted; |
| --- | --- |

9.

points out that ‘major renovation’ of existing buildings, regardless of their size, occur once every 25 years in residential buildings and once every 15 years in non-residential ones; considers therefore that a staged renovation approach could risk hindering the ambition of the Renovation Wave and result in anti-economic approaches to building renovation, which should be tackled with a systematic and integrated approach rather than as a sum of separate interventions. In this sense, calls on the Commission and Member States to provide guidance on improving the energy efficiency of historic buildings, also leveraging the work of the European Bauhaus Initiative. The renovation of these buildings should be supported by dedicated funding schemes and adequate flexibility of the timeframe should be granted;

| 10. | highlights that the transition to a systematic circular approach to building renovation requires significant efforts in terms of reskilling and support for local competences, both in the public and in the private sector; |
| --- | --- |

10.

highlights that the transition to a systematic circular approach to building renovation requires significant efforts in terms of reskilling and support for local competences, both in the public and in the private sector;

| 11. | considers that public procurement should play a significant role in mainstreaming an ambitious approach to building renovation. To this end, stresses that all renovations being contracted by public authorities should be supported by guidance from member states and the EU and follow, as far as possible, the criteria of Green and Circular Public Procurement; |
| --- | --- |

11.

considers that public procurement should play a significant role in mainstreaming an ambitious approach to building renovation. To this end, stresses that all renovations being contracted by public authorities should be supported by guidance from member states and the EU and follow, as far as possible, the criteria of Green and Circular Public Procurement;

| 12. | stresses that the energy efficiency of the building stock cannot be achieved by focusing on single buildings only and urban and territorial planning must support the individual interventions through a systematic district approach to the energy efficiency of cities; |
| --- | --- |

12.

stresses that the energy efficiency of the building stock cannot be achieved by focusing on single buildings only and urban and territorial planning must support the individual interventions through a systematic district approach to the energy efficiency of cities;

| 13. | reiterates that the objectives of the Renovation Wave cannot be achieved without significant and dedicated resources, both in terms of financial envelopes and in terms of capacity-building and technical support; stresses that the EPBD is the opportunity to mainstream the use of one-stop-shops as a primary tool for the implementation of the directive; |
| --- | --- |

13.

reiterates that the objectives of the Renovation Wave cannot be achieved without significant and dedicated resources, both in terms of financial envelopes and in terms of capacity-building and technical support; stresses that the EPBD is the opportunity to mainstream the use of one-stop-shops as a primary tool for the implementation of the directive;

| 14. | believes that rural regions and, more generally speaking, regions with many single- and multiple-family homes have different requirements and require different solutions than urban structures. This must also be reflected in the Directive; |
| --- | --- |

14.

believes that rural regions and, more generally speaking, regions with many single- and multiple-family homes have different requirements and require different solutions than urban structures. This must also be reflected in the Directive;

| 15. | points out that historic buildings have a significant cultural and symbolic value in EU cities; believes that their architectural value needs to be preserved and solutions need to be found to ensure these buildings also fulfil the exemplary role of public buildings. In this sense, calls on the Commission and Member States to provide guidance on improving the energy efficiency of historic buildings and create dedicated funding schemes for this purpose. |
| --- | --- |

15.

points out that historic buildings have a significant cultural and symbolic value in EU cities; believes that their architectural value needs to be preserved and solutions need to be found to ensure these buildings also fulfil the exemplary role of public buildings. In this sense, calls on the Commission and Member States to provide guidance on improving the energy efficiency of historic buildings and create dedicated funding schemes for this purpose.

Brussels, 30 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

---

(1)  Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).

1

(1)  Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).

1

(1)  Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28).

1

(2)  Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).

2

(1)  Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 330, 16.12.2009, p. 28).

1

(2)  Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).

2

(1)  Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60).

1

(2)  Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

2

(1)  Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60).

1

(2)  Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

2

---

| 30.9.2022 | EN | Official Journal of the European Union | C 375/112 |
| --- | --- | --- | --- |

30.9.2022

EN

Official Journal of the European Union

C 375/112

---

Opinion of the European Committee of the Regions — European Data Act

(2022/C 375/10)

| Rapporteur: | Anne KARJALAINEN (FI/PES), Member of Kerava City Council |
| --- | --- |
| Reference document: | Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act)
  COM(2022) 68 final |

Rapporteur:

Anne KARJALAINEN (FI/PES), Member of Kerava City Council

Reference document:

Proposal for a Regulation of the European Parliament and of the Council on harmonised rules on fair access to and use of data (Data Act)

COM(2022) 68 final

I.   RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Recital 57

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined
  according to the respective procedures in the Member States or of relevant international organisations
  . | In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined
  jointly with the EU/EEA Member States and more specifically in the Member States, meaning that, in the event of a data request, the emergency is determined in accordance with the law of the Member State whose public sector body is requesting the data
  . |

Text proposed by the European Commission

CoR amendment

In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined
  according to the respective procedures in the Member States or of relevant international organisations
  .

In case of public emergencies, such as public health emergencies, emergencies resulting from environmental degradation and major natural disasters including those aggravated by climate change, as well as human-induced major disasters, such as major cybersecurity incidents, the public interest resulting from the use of the data will outweigh the interests of the data holders to dispose freely of the data they hold. In such a case, data holders should be placed under an obligation to make the data available to public sector bodies or to Union institutions, agencies or bodies upon their request. The existence of a public emergency is determined
  jointly with the EU/EEA Member States and more specifically in the Member States, meaning that, in the event of a data request, the emergency is determined in accordance with the law of the Member State whose public sector body is requesting the data
  .

Reason

Definitions are an important way of ensuring that we speak about and understand things in the same way. Determining the existence of an emergency is particularly important as businesses have to provide data free of charge in the event of an emergency.

Amendment 2

New Recital after recital 61

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | (new) For the purposes of this Regulation, public access to official documents and the resulting national law shall be taken into account. |

Text proposed by the European Commission

CoR amendment

(new) For the purposes of this Regulation, public access to official documents and the resulting national law shall be taken into account.

Reason

The Regulation must be in keeping with the objectives of the public access principle and with confidentiality-protected interests.

Amendment 3

Article 2(10)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s); | ‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s). The existence of a public emergency is determined jointly with the EU/EEA Member States and more specifically in the Member States so that, in the event of a data request, the emergency is determined in accordance with the law of the Member State whose public sector body is requesting the data
  ; |

Text proposed by the European Commission

CoR amendment

‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s);

‘public emergency’ means an exceptional situation negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s). The existence of a public emergency is determined jointly with the EU/EEA Member States and more specifically in the Member States so that, in the event of a data request, the emergency is determined in accordance with the law of the Member State whose public sector body is requesting the data
  ;

Reason

Definitions are an important of ensuring that we speak about and understand things in the same way. Determining the existence of an emergency is particularly important as businesses have to provide data free of charge in the event of an emergency.

Amendment 4

Article 2

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | (21) | (new) ‘services of general interest’ means services classified by Member State authorities as being of general interest and subject to specific public service obligations. |

Text proposed by the European Commission

CoR amendment

(21)

Reason

The Regulation should include provisions on the obligation to share data in the public interest prior to a public emergency.

Amendment 5

Article 14(2)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| This Chapter shall not apply to small and micro enterprises as defined in Article 2 of the Annex to Recommendation 2003/361/EC. | This Chapter shall not apply to small and micro enterprises as defined in Article 2 of the Annex to Recommendation 2003/361/EC
  , unless the data to be shared relates to the local level and is to be passed on to local public institutions or be provided for the provision of services of general economic interest in accordance with EU law or national law implementing it
  . |

Text proposed by the European Commission

CoR amendment

This Chapter shall not apply to small and micro enterprises as defined in Article 2 of the Annex to Recommendation 2003/361/EC.

This Chapter shall not apply to small and micro enterprises as defined in Article 2 of the Annex to Recommendation 2003/361/EC
  , unless the data to be shared relates to the local level and is to be passed on to local public institutions or be provided for the provision of services of general economic interest in accordance with EU law or national law implementing it
  .

Reason

The sharing of data among actors in local ecosystems should be facilitated, regardless of the size of the private entity concerned and in cases where services of general economic interest are provided.

Amendment 6

Article 15(c)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | (3) | (new) the information requested comes under services of general interest, or services of general economic interest provided in accordance with applicable EU law and all at local (municipal) level. |

Text proposed by the European Commission

CoR amendment

(3)

Reason

Examples of good practice have shown that public-private partnerships can contribute to healthy local ecosystems. They are also the basis for many services in smart cities and communities, such as smart mobility. Given the potential to improve citizens' lives on a large scale, data sharing for these purposes should become the norm.

Amendment 7

Article 17(1)(a)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| a) | specify what data are required; |

Text proposed by the European Commission

CoR amendment

a)

specify what data are required;

| a) | specify
  , in accordance with the Commission’s minimum data requirement for information requests,
  what data are required; |
| --- | --- |

a)

specify
  , in accordance with the Commission’s minimum data requirement for information requests,
  what data are required;

Reason

The minimum data requirement for information requests within Europe must be specified. Businesses will also benefit from standardising data requests.

Amendment 8

Article 17(2)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| (a) | be expressed in clear, concise and plain language understandable to the data holder; |

Text proposed by the European Commission

CoR amendment

(a)

be expressed in clear, concise and plain language understandable to the data holder;

| (a) | be expressed in clear, concise and plain language understandable to the data holder
  and, where data is requested by a data holder in another EU/EEA Member State, in the language of the EU/EEA Member State in which the data holder is established
  ; |
| --- | --- |

(a)

be expressed in clear, concise and plain language understandable to the data holder
  and, where data is requested by a data holder in another EU/EEA Member State, in the language of the EU/EEA Member State in which the data holder is established
  ;

Reason

Clear provisions should be laid down for cross-border requests for information, including the language in which data requests are to be made.

Amendment 9

Article 17(2)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| f) | be made publicly available online without undue delay. |

Text proposed by the European Commission

CoR amendment

f)

be made publicly available online without undue delay.

Reason

Article 17(2)(f) should be removed from the Data Act. Maintaining a public register for emergency situations may in itself lead to a security risk and increase administrative work.

Amendment 10

Article 18

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| 1.   A data holder receiving a request for
  access to
  data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body without undue delay. | 1.   A data holder receiving a request for data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body without undue delay
  , but in any event no later than 5 working days from the receipt of the request for information
  . |
| 2.   Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 15 working days in other cases of exceptional need, on either of the following grounds: | 2.   Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 15 working days in other cases of exceptional need, on either of the following grounds: |
| (a) | the data is unavailable; |

Text proposed by the European Commission

CoR amendment

1.   A data holder receiving a request for
  access to
  data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body without undue delay.

1.   A data holder receiving a request for data under this Chapter shall make the data available to the requesting public sector body or a Union institution, agency or body without undue delay
  , but in any event no later than 5 working days from the receipt of the request for information
  .

2.   Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 15 working days in other cases of exceptional need, on either of the following grounds:

2.   Without prejudice to specific needs regarding the availability of data defined in sectoral legislation, the data holder may decline or seek the modification of the request within 5 working days following the receipt of a request for the data necessary to respond to a public emergency and within 15 working days in other cases of exceptional need, on either of the following grounds:

(a)

the data is unavailable;

| (b) | the request does not meet the conditions laid down in Article 17(1) and (2). |
| --- | --- |

(b)

the request does not meet the conditions laid down in Article 17(1) and (2).

| (a) | the data is unavailable; |
| --- | --- |

(a)

the data is unavailable;

| (b) | the request does not meet the conditions laid down in Article 17(1) and (2). |
| --- | --- |

(b)

the request does not meet the conditions laid down in Article 17(1) and (2).

3.   In case of a request for data necessary to respond to a public emergency, the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c).

3.   In case of a request for data necessary to respond to a public emergency, the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c).

4.   If the data holder decides to decline the request or to seek its modification in accordance with paragraph 3, it shall indicate the identity of the public sector body or Union institution agency or body that previously submitted a request for the same purpose.

4.   If the data holder decides to decline the request or to seek its modification in accordance with paragraph 3, it shall indicate the identity of the public sector body or Union institution agency or body that previously submitted a request for the same purpose.

5.   Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.

5.   Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the data holder shall take reasonable efforts to pseudonymise the data, insofar as the request can be fulfilled with pseudonymised data.

6.   Where the public sector body or the Union institution, agency or body wishes to challenge a data holder's refusal to provide the data requested, or to seek modification of the request, or where the data holder wishes to challenge the request, the matter shall be brought to the competent authority referred to in Article 31.

6.   Where the public sector body or the Union institution, agency or body wishes to challenge a data holder’s refusal to provide the data requested, or to seek modification of the request, or where the data holder wishes to challenge the request, the matter shall be brought to the competent authority referred to in Article 31.

7.
     
  (new) The data holder shall provide the data in a form that the recipient can understand and that can be read using generic software and, where applicable, in an open format as included in the technical interoperability rules of the existing standards catalogue, either under current EU legislation or that of each EU or EEA Member State.

Reason

Reason

The Regulation should include clear provisions on the time limits within which data must be made available, taking into account the right of the data holder to reject a request or ask for it to be modified.

The data transmitted in the event of an emergency must be readable and usable for the various interested parties through commonly used software programmes and systems. Technological neutrality should be ensured, taking into account the interoperability of data use.

Amendment 11

Amendment 11

Article 18(3)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| In case of a request for data necessary to respond to a public emergency, the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c). | In case of a request for data necessary to respond to a public emergency, the data holder may also decline or seek modification of the request if the data holder already provided
  exactly
  the
  same
  requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c). |

Text proposed by the European Commission

CoR amendment

In case of a request for data necessary to respond to a public emergency, the data holder may also decline or seek modification of the request if the data holder already provided the requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c).

In case of a request for data necessary to respond to a public emergency, the data holder may also decline or seek modification of the request if the data holder already provided
  exactly
  the
  same
  requested data in response to previously submitted request for the same purpose by another public sector body or Union institution agency or body and the data holder has not been notified of the destruction of the data pursuant to Article 19(1), point (c).

exactly

same

Reason

Reason

It should be spelt out that data requests from different public sector actors are rarely the same and the information received soon becomes outdated.

Amendment 12

Amendment 12

New article after Article 19

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | (new heading) Data processing and public access to official documents




  (new) The obligation under a Member State’s national law to disclose an authority's official documents or not to disclose them pursuant to national confidentiality provisions shall apply to data requests and data under this Regulation. The aim is to bring the principle of public access to official documents into line with the measures taken under this Regulation. |

Text proposed by the European Commission

CoR amendment

(new heading) Data processing and public access to official documents

(new heading) Data processing and public access to official documents

(new) The obligation under a Member State’s national law to disclose an authority's official documents or not to disclose them pursuant to national confidentiality provisions shall apply to data requests and data under this Regulation. The aim is to bring the principle of public access to official documents into line with the measures taken under this Regulation.

(new) The obligation under a Member State’s national law to disclose an authority's official documents or not to disclose them pursuant to national confidentiality provisions shall apply to data requests and data under this Regulation. The aim is to bring the principle of public access to official documents into line with the measures taken under this Regulation.

Reason

Reason

Under national law, information or documents passed on to an authority may be available to the public in accordance with the principle of public access. In these cases, the authority’s documents are subject to national confidentiality rules, including in relation to the principle of commercial secrecy.

Amendment 13

Amendment 13

Article 20

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | 3.
     
  (new)










  (a) | Where the data holder is an undertaking providing services of general economic interest in accordance with Commission Regulation (EU) No 360/2012

   (*1)

  , the compensation for making the data available pursuant to Article 15 shall not form part of the compensation for the general economic services. |

Text proposed by the European Commission

CoR amendment

3.
     
  (new)

(a)

Where the data holder is an undertaking providing services of general economic interest in accordance with Commission Regulation (EU) No 360/2012

   (*1)

  , the compensation for making the data available pursuant to Article 15 shall not form part of the compensation for the general economic services.

| (b) | Where the data holder is an undertaking providing services of general economic interest on the basis of a separate decision pursuant to the Commission Communication on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest (2012/C 8/02), the compensation for making the data available pursuant to Article 15 must be included in the calculation of the compensation for the services of general economic interest provided by the data holder. |
| --- | --- |

(b)

Where the data holder is an undertaking providing services of general economic interest on the basis of a separate decision pursuant to the Commission Communication on the application of the European Union State aid rules to compensation granted for the provision of services of general economic interest (2012/C 8/02), the compensation for making the data available pursuant to Article 15 must be included in the calculation of the compensation for the services of general economic interest provided by the data holder.

Reason

Reason

The Regulation should clarify the rules for the calculation of compensation to undertakings that already provide services of general economic interest in accordance with applicable EU law or national law implementing it.

Amendment 14

Amendment 14

Article 31(1)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| Each Member State shall designate one or more
  competent
  authorities as responsible for the application and
  enforcement
  of this Regulation. Member States may establish one or more new authorities or rely on existing authorities. | Each Member State shall designate one or more authorities as responsible for the application and
  implementation
  of this Regulation
  , and for guidelines with best practices, skills and development of codes of conduct for data sharing
  . Member States may establish one or more new authorities or rely on existing authorities
  and involve local and regional authorities
  . |

Text proposed by the European Commission

CoR amendment

Each Member State shall designate one or more
  competent
  authorities as responsible for the application and
  enforcement
  of this Regulation. Member States may establish one or more new authorities or rely on existing authorities.

competent

enforcement

Each Member State shall designate one or more authorities as responsible for the application and
  implementation
  of this Regulation
  , and for guidelines with best practices, skills and development of codes of conduct for data sharing
  . Member States may establish one or more new authorities or rely on existing authorities
  and involve local and regional authorities
  .

implementation

, and for guidelines with best practices, skills and development of codes of conduct for data sharing

and involve local and regional authorities

Reason

Reason

A separate expert group or authority should be designated to provide guidance on data sharing, draw up codes of conduct for data sharing and ensure adequate skills.

Amendment 15

Amendment 15

Article 31(3)

| Text proposed by the European Commission | CoR amendment |
| --- | --- |
| | (j) | (new) developing a code of conduct for data sharing, specifying common objectives and cases where information should be shared in the public interest as well as common datasets to be provided by data holders. |

Text proposed by the European Commission

CoR amendment

(j)

(j)

(new) developing a code of conduct for data sharing, specifying common objectives and cases where information should be shared in the public interest as well as common datasets to be provided by data holders.

(new) developing a code of conduct for data sharing, specifying common objectives and cases where information should be shared in the public interest as well as common datasets to be provided by data holders.

Reason

Reason

The role of a separate expert group or authority should be clearly defined.

II.   POLICY RECOMMENDATIONS

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

General comments

General comments

| 1. | welcomes the proposed European Data Act as it seeks a fair distribution of the added value of data among data economy actors, while ensuring that data is accessible to local and regional authorities, responding to societal and economic challenges, promoting innovation and respecting the rights and interests of all parties involved, in particular the protection of personal data; |
| --- | --- |

1.

welcomes the proposed European Data Act as it seeks a fair distribution of the added value of data among data economy actors, while ensuring that data is accessible to local and regional authorities, responding to societal and economic challenges, promoting innovation and respecting the rights and interests of all parties involved, in particular the protection of personal data;

| 2. | welcomes the proposal as it seeks to allow the free flow of non-personal data between businesses (B2B), from the private sector to public authorities (B2G), from authorities to businesses (G2B) and between authorities (G2G). The proposal is seen as an important trust-building measure between private companies and authorities for the processing of data, and sets out clear provisions on contractual agreements for data sharing and compensation for the use of data. Data sharing is important for effective enforcement at national and sub-national level, and the Committee points out that data access is a key issue, especially for local and regional authorities (1). So far, voluntary self-regulation has not been enough to guarantee local and regional authorities access to data; |
| --- | --- |

2.

welcomes the proposal as it seeks to allow the free flow of non-personal data between businesses (B2B), from the private sector to public authorities (B2G), from authorities to businesses (G2B) and between authorities (G2G). The proposal is seen as an important trust-building measure between private companies and authorities for the processing of data, and sets out clear provisions on contractual agreements for data sharing and compensation for the use of data. Data sharing is important for effective enforcement at national and sub-national level, and the Committee points out that data access is a key issue, especially for local and regional authorities (1

| 3. | suggests that, in addition to the legal obligations on data sharing laid down in the proposed Regulation, data holders should be encouraged using ‘soft measures’, such as financial incentives and platforms for the exchange of best practices. The CoR calls on local and regional authorities to lead by example by providing services and measures based on real-time data; |
| --- | --- |

3.

suggests that, in addition to the legal obligations on data sharing laid down in the proposed Regulation, data holders should be encouraged using ‘soft measures’, such as financial incentives and platforms for the exchange of best practices. The CoR calls on local and regional authorities to lead by example by providing services and measures based on real-time data;

| 4. | stresses that the exchange of data from the growing number of industrial, public and networked devices and the Internet of Things (IoT), as well as relevant cooperation within the EU, is a source of sustainable growth and innovation that should be exploited in compliance with EU and national law on data protection, competition and intellectual property rights; |
| --- | --- |

4.

stresses that the exchange of data from the growing number of industrial, public and networked devices and the Internet of Things (IoT), as well as relevant cooperation within the EU, is a source of sustainable growth and innovation that should be exploited in compliance with EU and national law on data protection, competition and intellectual property rights;

| 5. | highlights the importance of European values in assessing the liability rights of market-dominant platforms, especially those whose business strategies originate from countries outside the European Union. The European Union has the possibility to play a leading role here and draw up innovative rules for the data economy that will subsequently be introduced in third countries; |
| --- | --- |

5.

highlights the importance of European values in assessing the liability rights of market-dominant platforms, especially those whose business strategies originate from countries outside the European Union. The European Union has the possibility to play a leading role here and draw up innovative rules for the data economy that will subsequently be introduced in third countries;

| 6. | calls for Member States’ procurement procedures and funding programmes to include incentives for availability and interoperability of data and development of anonymisation technologies as well as relevant research; |
| --- | --- |

6.

calls for Member States’ procurement procedures and funding programmes to include incentives for availability and interoperability of data and development of anonymisation technologies as well as relevant research;

| 7. | calls on the social partners to play a bigger role in drawing up workplace recommendations for the use of data to increase productivity and thus guaranteeing workers’ rights and adequate skills; |
| --- | --- |

7.

calls on the social partners to play a bigger role in drawing up workplace recommendations for the use of data to increase productivity and thus guaranteeing workers’ rights and adequate skills;

| 8. | takes note of the Commission’s proposal in the Data Act to set up a European Data Innovation Board to come up with recommendations for shared use of data and for decisions on standardisation, and proposes that a corresponding structure be included in Chapter IX of the current Data Act. In line with the recommendations of several B2G information sharing workshops, the competent authority established by each Member State could work to define common objectives, agree on types of data to be shared and develop a common approach or code of conduct. |
| --- | --- |

8.

takes note of the Commission’s proposal in the Data Act to set up a European Data Innovation Board to come up with recommendations for shared use of data and for decisions on standardisation, and proposes that a corresponding structure be included in Chapter IX of the current Data Act. In line with the recommendations of several B2G information sharing workshops, the competent authority established by each Member State could work to define common objectives, agree on types of data to be shared and develop a common approach or code of conduct.

Developing a local data economy

Developing a local data economy

| 9. | welcomes the new binding data transfer requirements, which will specifically strengthen the rights of small and medium-sized enterprises as the backbone of the EU economy, since they will reduce dependence on large data holders and counteract monopolisation by large multinationals; |
| --- | --- |

9.

welcomes the new binding data transfer requirements, which will specifically strengthen the rights of small and medium-sized enterprises as the backbone of the EU economy, since they will reduce dependence on large data holders and counteract monopolisation by large multinationals;

| 10. | welcomes the Commission’s proposal to introduce an ‘unfairness test’ aimed at protecting micro-enterprises and SMEs from unilateral obligations imposed by large companies, and the Commission's commitment to developing non-binding contractual terms on access to data and its use, which should strengthen SMEs' bargaining power with third parties without significant additional costs; |
| --- | --- |

10.

welcomes the Commission’s proposal to introduce an ‘unfairness test’ aimed at protecting micro-enterprises and SMEs from unilateral obligations imposed by large companies, and the Commission's commitment to developing non-binding contractual terms on access to data and its use, which should strengthen SMEs' bargaining power with third parties without significant additional costs;

| 11. | calls for more clarity on data access, especially in value chains and data ecosystems where smaller actors have been involved in creating datasets, but do not have access to the data they helped generate. |
| --- | --- |

11.

calls for more clarity on data access, especially in value chains and data ecosystems where smaller actors have been involved in creating datasets, but do not have access to the data they helped generate.

Sharing data for use by the public sector

Sharing data for use by the public sector

| 12. | stresses that the use of data is in the public interest in order to respond to emergencies, to investigate and prevent developments that could lead to such emergencies and to increase resilience to future crises. Data is also key to understanding environmental degradation and climate change and taking targeted measures to combat them. It can also be used to design measures to combat crime and terrorism more effectively; |
| --- | --- |

12.

stresses that the use of data is in the public interest in order to respond to emergencies, to investigate and prevent developments that could lead to such emergencies and to increase resilience to future crises. Data is also key to understanding environmental degradation and climate change and taking targeted measures to combat them. It can also be used to design measures to combat crime and terrorism more effectively;

| 13. | stresses the importance of the possibility provided for in the proposal to oblige companies to share data in response to an information request from public authorities, in the event of a public emergency, exceptional need or recovery from such a situation. In the future, machine-generated data may become an increasingly important factor in the event of disruptions, which local and regional authorities must take into account in their contingency plans. The Data Act does not directly specify how local and regional authorities can know what data is available on the market and at what price; |
| --- | --- |

13.

stresses the importance of the possibility provided for in the proposal to oblige companies to share data in response to an information request from public authorities, in the event of a public emergency, exceptional need or recovery from such a situation. In the future, machine-generated data may become an increasingly important factor in the event of disruptions, which local and regional authorities must take into account in their contingency plans. The Data Act does not directly specify how local and regional authorities can know what data is available on the market and at what price;

| 14. | considers it important to clarify the minimum requirements for an information request under Article 17 as well as the details of how data is to be destroyed under Article 19. To this end, practices and specifications need to be agreed jointly at EU level; |
| --- | --- |

14.

considers it important to clarify the minimum requirements for an information request under Article 17 as well as the details of how data is to be destroyed under Article 19. To this end, practices and specifications need to be agreed jointly at EU level;

| 15. | believes that data provided in response to an emergency should be readable for public sector bodies and EU institutions, agencies or bodies through common tools, without the need for further investment; |
| --- | --- |

15.

believes that data provided in response to an emergency should be readable for public sector bodies and EU institutions, agencies or bodies through common tools, without the need for further investment;

| 16. | points out that while Chapter V of the Data Act allows public sector actors to use data held by businesses in certain situations, it should be clarified, for other chapters of the Regulation, whether local and regional actors have other roles too, such as data user, data holder or data recipient. From this perspective, the definitions in the Data Act should be reviewed; |
| --- | --- |

16.

points out that while Chapter V of the Data Act allows public sector actors to use data held by businesses in certain situations, it should be clarified, for other chapters of the Regulation, whether local and regional actors have other roles too, such as data user, data holder or data recipient. From this perspective, the definitions in the Data Act should be reviewed;

| 17. | notes that cloud services are used to varying degrees across public authorities, including local and regional authorities. The Committee calls on the Commission to create a clear framework and the best possible conditions to promote the use of cloud services. Particular attention should be paid to improving the energy efficiency of cloud services, in line with the concept of green coding. ICT costs at local and regional level could be significantly reduced if existing solutions are used on a larger scale and if the expertise of private and public institutions is pooled; |
| --- | --- |

17.

notes that cloud services are used to varying degrees across public authorities, including local and regional authorities. The Committee calls on the Commission to create a clear framework and the best possible conditions to promote the use of cloud services. Particular attention should be paid to improving the energy efficiency of cloud services, in line with the concept of green coding. ICT costs at local and regional level could be significantly reduced if existing solutions are used on a larger scale and if the expertise of private and public institutions is pooled;

| 18. | calls for existing gaps in all four aspects of data interoperability (legal, organisational, semantic and technical) to be closed, in relation to the use of cloud services and cross-border cooperation between private operators and authorities; |
| --- | --- |

18.

calls for existing gaps in all four aspects of data interoperability (legal, organisational, semantic and technical) to be closed, in relation to the use of cloud services and cross-border cooperation between private operators and authorities;

| 19. | points out that data content should be standardised up to metadata level, as the less room there is for interpretation, the more compatible the data is, whereby additional cost savings can be made, for example in relation to data conversion; |
| --- | --- |

19.

points out that data content should be standardised up to metadata level, as the less room there is for interpretation, the more compatible the data is, whereby additional cost savings can be made, for example in relation to data conversion;

| 20. | points out that data interoperability is a challenging and long-term task. The application of knowledge and know-how on data interoperability, as well as the accompanying system changes, are resource-intensive |
| --- | --- |

20.

points out that data interoperability is a challenging and long-term task. The application of knowledge and know-how on data interoperability, as well as the accompanying system changes, are resource-intensive

| 21. | points out that data interoperability and data quality are crucial and therefore welcomes the development of appropriate organisational approaches and structures; |
| --- | --- |

21.

points out that data interoperability and data quality are crucial and therefore welcomes the development of appropriate organisational approaches and structures;

| 22. | notes that expertise, personnel and financial resources for the use, sharing and joint use of data are often lacking, especially in small municipalities, rural areas and SMEs. Member States and the European Union must provide support, non-mandatory model contracts and technical and financial assistance to train ‘data sharing experts’, for example via the European Digital Innovation Hubs under the Digital Europe programme. Cooperation with local entrepreneurs and start-ups, as well as with regional higher education institutions, is key to sharing best practices, creating a sustainable knowledge and skills base and improving data literacy. |
| --- | --- |

22.

notes that expertise, personnel and financial resources for the use, sharing and joint use of data are often lacking, especially in small municipalities, rural areas and SMEs. Member States and the European Union must provide support, non-mandatory model contracts and technical and financial assistance to train ‘data sharing experts’, for example via the European Digital Innovation Hubs under the Digital Europe programme. Cooperation with local entrepreneurs and start-ups, as well as with regional higher education institutions, is key to sharing best practices, creating a sustainable knowledge and skills base and improving data literacy.

Proportionality and subsidiarity

Proportionality and subsidiarity

| 23. | considers that the proposed Regulation complies with the proportionality and subsidiarity principles. The added value of the European Union’s action in this area is clear, given the cross-border nature of the use of data and the need to overcome existing barriers that prevent businesses, consumers and the public sector from exploiting the potential value of data more fully. |
| --- | --- |

23.

considers that the proposed Regulation complies with the proportionality and subsidiarity principles. The added value of the European Union’s action in this area is clear, given the cross-border nature of the use of data and the need to overcome existing barriers that prevent businesses, consumers and the public sector from exploiting the potential value of data more fully.

Brussels, 30 June 2022.

The President of the European Committee of the Regions

Vasco ALVES CORDEIRO

---

(*1)  
  Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest.

*1

Commission Regulation (EU) No 360/2012 of 25 April 2012 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid granted to undertakings providing services of general economic interest.

(1)  CDR 5356/2020.

1

---