Opinion of the European Committee of the Regions — Amending the Renewable Energy Directive to meet the new 2030 climate targets

(2022/C 301/16)

Rapporteur: Andries GRYFFROY (BE/EA), Member of a Regional Assembly: Flemish Parliament Reference document: Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 of the European Parliament and of the Council, Regulation (EU) 2018/1999 of the European Parliament and of the Council and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 COM(2021) 557

I. RECOMMENDATIONS FOR AMENDMENTS

Amendment 1

Proposal for a Directive

Recital (new)

Text proposed by the European Commission CoR amendment The European Commission, in accordance with the principle of subsidiarity, will issue guidance to the Member States and regional and local authorities on good permitting procedures and mechanisms to speed up existing procedures, to facilitate meeting the timing deadlines for issuing permits to build, repower and operate plants for the production of energy from renewable sources and assets necessary for their connection to the grid. This guidance will be issued within six months after the adoption of Directive amending Directive (EU) 2018/2001 (2021/0218 (COD)).

Reason

Delays in permitting procedures hamper the effective rollout of renewable energy projects and create difficulties for achieving the renewable energy targets for 2030.

Amendment 2

Proposal for a Directive

Recital (new)

Text proposed by the European Commission CoR amendment Renewable energy production has a strong local dimension. It is therefore important that the Member States fully involve local and regional authorities in the planning and implementation of national climate measures, ensuring direct access to funding and monitoring of the progress of adopted measures; where applicable, Member States should integrate local and regional contributions in National Energy and Climate Plans. The Regulation (EU) 2018/1999 on the Governance of the Energy Union and Climate Action should be revised accordingly.

Reason

Self-explanatory

Amendment 3

Proposal for a Directive

Recital (new)

Text proposed by the European Commission CoR amendment The European Commission and Member States should support regional and local commitments and a bottom-up approach to achieve the European Green Deal objectives, notably to ensure greater deployment of renewable energy sources: this will contribute not only to the achievement of EU climate targets, but also support the EU efforts in achieving more security of supply in the energy system. Both regional and local climate change planning that either already exists or is being developed as laid down in legislation, for instance networks such as the EU Covenant of Mayors, and relevant EU initiatives such as the Climate Pact, EU Cities mission on Climate-Neutral and Smart Cities, the C40 network and others, facilitate multilevel governance arrangements and play an essential role in increasing ambition and action at local level, involving citizens, local actors and sectors that are involved in or affected by climate change policies.

Amendment 4

Proposal for a Directive

Recital (new)

Text proposed by the European Commission CoR amendment Renewable Energy Communities are a key tool for promoting the widespread use of renewable energy sources and achieving a decentralised and secure energy system while ensuring local economic and social benefits. Initiatives for (collective) self-generation and (collective) self-consumption in buildings and at district level should be facilitated by reducing the difficulties in obtaining permits, reducing factors inhibiting grid access, grid fees, and enhancing the deployment of technologies such as solar thermal, photovoltaic, wind, and geothermal technologies.

Reason

Self-explanatory.

Amendment 5

Proposal for a Directive

Recital (new)

Text proposed by the European Commission CoR amendment The Member States shall carry out an assessment of the barriers to the development of renewable energy communities as required by Art. 22 of the revised Renewable Energy Directive (EU) 2018/2001 (RED II). The European Commission will provide assistance to Member States in order to ensure timely transposition of the Directive, coherence with national legal frameworks and the participation of regional and local authorities.

Reason

Self-explanatory

Amendment 6

Proposal for a Directive

Recital 3

Text proposed by the European Commission CoR amendment Directive (EU) 2018/2001 of the European Parliament and of the Council (1) sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union’s gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 40 % by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target. Therefore, the target set out in Article 3 of that Directive needs to be increased. Directive (EU) 2018/2001 of the European Parliament and of the Council (2) sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union’s gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to at least 40 % by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target. Therefore, the target set out in Article 3 of that Directive needs to be increased. In order to contribute to a greater energy security of supply and ensure a faster and cost-effective transition to net zero emissions, the Commission will make a proposal, to further increase the emission targets set in article 3 of the Directive, subject to a thorough impact assessment, including the territorial dimension, in cooperation with the European Committee of the Regions.

Amendment 7

Proposal for a Directive

Recital 4

Text proposed by the European Commission CoR amendment The specific situation of the outermost regions and islands, recognised respectively in Article 349 and 174 TFEU, demands a targeted approach. Those territories, often characterised by isolated systems and dependence on fossil fuels, incur in higher energy production, storage capacity costs and need support to tap into the potential of the local renewable energy production.

Reason

Amendment 8

Proposal for a Directive

Recital (new)

Text proposed by the European Commission CoR amendment The European Commission, in accordance with the principle of subsidiarity, will issue guidance to the Member States and regional and local authorities on good permitting procedures and mechanisms to speed up existing procedures, to facilitate meeting the timing deadlines for issuing permits to build, repower and operate plants for the production of energy from renewable sources and assets necessary for their connection to the grid. This guidance will be issued within six months after the adoption of Directive amending Directive (EU) 2018/2001 (2021/0218 (COD)).

Reason

Self-explanatory

Amendment 9

Proposal for a Directive

Recital 5

Text proposed by the European Commission CoR amendment (5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market-compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications. (5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport , also in connection with RFNBOs and biofuels . A framework for electrification needs, as well as supply infrastructures for RFNBOs and biofuels, to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States as well as import strategies coordinated at European level should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand. For this, Member States should establish a framework that includes market compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems and infrastructures for RFNBOs and biofuels that are fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.

Reason

Adding the role of biofuels and import strategies for decarbonisation needs.

Amendment 10

Proposal for a Directive

Recital 7

Text proposed by the European Commission CoR amendment Member States’ cooperation to promote renewable energy can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation has been very limited, thus leading to suboptimal results in terms of efficiency in increasing renewable energy. Member States’ cooperation, to promote renewable energy, which may involve local and regional authorities, can take the form of statistical transfers, support schemes or joint projects. It allows for a cost-efficient deployment of renewable energy across Europe and contributes to market integration. Despite its potential, cooperation, especially in cross border regions, has been very limited, thus leading to suboptimal results in terms of cost effectiveness and efficiency in increasing renewable energy. Smart grid projects in border regions, including cross border electricity exchanges at medium-voltage level, can provide high added value to the cross-border approach as they allow for greater resource optimisation, connectivity, flexibility and resilience of electricity energy systems, ensuring wider societal benefits to the local communities involved as well as contributing to the energy security of supply of the EU. Member States should therefore be obliged to test cooperation through implementing a pilot project . Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294 would meet this obligation for the Member States involved. Member States should therefore be obliged to test cooperation through implementing pilot projects, in addition to those planned within the TEN-E framework. One of them should be in a cross border region . Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294 would meet this obligation for the Member States involved.

Reason

Self-explanatory

Amendment 11

Proposal for a Directive

Recital 7a new

Text proposed by the European Commission CoR amendment Local and regional authorities play a very important role in an integrated and decentralised energy system. The Commission shall support LRAs, including in insular territories, with regard to working across borders by assisting them in setting up cooperation mechanisms, including European Groupings of Territorial Cooperation (EGTCs).Closer cooperation between the EU and Member States and increased investment in RDI, for example to promote EU missions, will provide the significant added value needed to meet the objectives of this Directive across the EU.

Reason

Self-explanatory

Amendment 12

Proposal for a Directive

Recital 7b new

Text proposed by the European Commission CoR amendment European financing mechanisms such as the Connecting Europe Facility and the Innovation Fund shall also finance smaller-scale cross-border cooperation projects and cross-border interconnection between Member States and regions.

Reason

Self-explanatory

Amendment 13

Proposal for a Directive

Recital 7c new

Text proposed by the European Commission CoR amendment Accurate data and information are necessary to ensure the transition to an energy system based on renewable technologies at the national, regional and local level. This data can be obtained through different sources ranging from smart devices up to earth observation systems such as Copernicus.

Reason

Self-explanatory

Amendment 14

Proposal for a Directive

Recital 8

Text proposed by the European Commission CoR amendment The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States will need to work together across borders at sea-basin level. Member States should therefore jointly define the amount of offshore renewable generation to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socioeconomic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea The Offshore Renewable Energy Strategy introduces an ambitious objective of 300 GW of offshore wind and 40 GW of ocean energy across all the Union’s sea basins by 2050. To ensure this step change, Member States, or their competent regional and local authorities, will need to work together across borders at sea-basin level. Member States should therefore jointly define and allocate adequate space in their maritime spatial plan for the amount of offshore renewable generation and related infrastructure to be deployed within each sea basin by 2050, with intermediate steps in 2030 and 2040. These objectives should be reflected in the updated national energy and climate plans that will be submitted in 2023 and 2024 pursuant to Regulation (EU) 2018/1999. In defining the amount, Member States should take into account the offshore renewable energy potential of each sea basin, environmental and biodiversity protection, climate adaptation and other uses of the sea, as well as the Union’s decarbonisation targets. In addition, Member States should increasingly consider the possibility of combining offshore renewable energy generation with storage systems and transmission lines interconnecting several Member States, in the form of hybrid projects or, at a later stage, a more meshed grid. This would allow electricity to flow in different directions, thus maximising socioeconomic welfare, optimising infrastructure expenditure and enabling a more sustainable usage of the sea.

Reason

Self-explanatory

Amendment 15

Proposal for a Directive

Recital 19

Text proposed by the European Commission CoR amendment Distributed storage assets, such as domestic batteries and batteries of electric vehicles have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such services, the regulatory provisions concerning connection and operation of the storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration renewable electricity, in comparison with larger, stationary storage assets. Distributed storage assets, such as community and domestic batteries and batteries of electric vehicles have the potential to offer considerable flexibility and balancing services to the grid through aggregation. In order to facilitate the development of such services, the regulatory provisions concerning connection and operation of the storage assets, such as tariffs, commitment times and connection specifications, should be designed in a way that does not hamper the potential of all storage assets, including small and mobile ones, to offer flexibility and balancing services to the system and to contribute to the further penetration renewable electricity, in comparison with larger, stationary storage assets.

Reason

Batteries on a community system level prove to be safer in operation and require less investment in comparison with domestic batteries.

Amendment 16

Proposal for a Directive

Recital 22

Text proposed by the European Commission CoR amendment Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in industry should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale. Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals , for which they are mostly the only option to decarbonise and where their use has proven to be highly effective in preventing greenhouse gas emissions. The use of renewable fuels of non-biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be included in a target for the use of renewable fuels of non-biological origin. National measures to support the uptake of renewable fuels of non-biological origin in industry should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.

Reason

From a cross-sectoral perspective, the use of renewable fuels of non-biological origin, such as renewable hydrogen as feedstock or raw materials in the steel or chemical industry, is of particular importance for decarbonisation.

Amendment 17

Proposal for a Directive

Recital 29

Text proposed by the European Commission CoR amendment The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport — FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes and regions that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport — FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport]. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].

Reason

Self-explanatory

Amendment 18

Proposal for a Directive

Recital 33

Text proposed by the European Commission CoR amendment Direct electrification of end-use sectors, including the transport sector, contributes to the efficiency and facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emissions. The creation of a framework on additionality applying specifically to renewable electricity supplied to electric vehicles in the transport is therefore not required. Direct electrification of end-use sectors, including the transport sector, contributes to the efficiency and facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emissions. The creation of a framework on additionality applying to renewable electricity that is used to produce RNFBOs is therefore not required.

Reason

The additionality principle disproportionally affects countries that already have a high share of renewable electricity in their energy system. Moreover, the additionality and correlation principles complicate the already difficult business case of electrolysis and the scaling-up of green hydrogen.

Amendment 19

Proposal for a Directive

Recital 34

Text proposed by the European Commission CoR amendment Since renewable fuels of non-biological origin are to be counted as renewable energy regardless of the sector in which they are consumed, the rules to determine their renewable nature when produced from electricity, which were applicable only to those fuels when consumed in the transport sector, should be extended to all renewable fuels of non-biological origin, regardless of the sector where they are consumed. Since renewable fuels of non-biological origin are to be counted as renewable energy regardless of the sector in which they are consumed, the rules to determine their renewable nature when produced from electricity should apply to all renewable fuels of non-biological origin, regardless of the sector where they are consumed.

Reason

The uptake of RFNBO’s should be irrespective of the end use of the energy and should apply to all sectors.

Amendment 20

Proposal for a Directive

Recital 36

Text proposed by the European Commission CoR amendment Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels. Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from forest biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. Such sustainability criteria should be maintained, along with national legislation, to take into account different national and regional conditions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass.

Amendment 21

Proposal for a Directive

Article 1.1

Directive (EU) 2018/2001

Article 2 paragraph 2

Text proposed by the European Commission CoR amendment Directive (EU) 2018/2001 is amended as follows: Directive (EU) 2018/2001 is amended as follows: (1) in Article 2, the second paragraph is amended as follows: (1) in Article 2, the second paragraph is amended as follows: (a) point (16) is replaced by the following: ‘(16)“ renewable energy community” means a legal entity: (a) which, in accordance with the applicable national law, is based on open and voluntary participation, is autonomous, and is effectively controlled by shareholders or members that are located in the proximity of the renewable energy projects that are owned and developed by that legal entity; (b) the shareholders or members of which are natural persons, SMEs or local and regional authorities, including municipalities; (c) the primary purpose of which is to provide environmental, economic or social community benefits for its shareholders or members or for the local areas where it operates, rather than financial profits;’ (a) point (36) is replaced by the following: ‘(36) “renewable fuels of non-biological origin” means liquid and gaseous fuels the energy content of which is derived from renewable sources other than biomass;’; (b) point (36) is replaced by the following: ‘(36) “renewable fuels of non-biological origin” means liquid and gaseous fuels the energy content and crude raw material of which is derived from renewable sources other than biomass’; (b) point (47) is replaced by the following: ‘(47) “default value” means a value derived from a typical value by the application of pre-determined factors and that may, in circumstances specified in this Directive, be used in place of an actual value;’; (c) point (47) is replaced by the following: ‘(47) “default value” means a value derived from a typical value by the application of pre-determined factors and that may, in circumstances specified in this Directive, be used in place of an actual value’;

Reason

Regional authorities can also contribute greatly to decentralised renewable energy production.

The current wording of the definition (36) could include in this classification fuels produced from non-renewable raw materials (oil, natural gas, etc.) produced from a renewable energy supply (thermal or renewable electricity). It is proposed to amend the wording so as to prevent fuels produced from oil, natural gas and other fuels of fossil origin from being included therein. We consider that it is not in keeping with the spirit of the articles that refer to this definition to include renewable fuels that come from non-renewable raw materials.

Amendment 22

Proposal for a Directive

Article 1.1(c)

Directive (EU) 2018/2001

Article 2 paragraph 2

Text proposed by the European Commission CoR amendment (14p) ‘community battery’ means a stand-alone rechargeable battery with a rated capacity greater than 50 kWh, which is suitable for installation and use in a residential, commercial or industrial environment and is owned by jointly acting renewable self-consumers or a renewable energy community; (14q) ‘joint project’ means any transnational joint undertaking between regions, cities or Member States, legally, technically or financially, for the production of renewable energy, which would not be possible without that cooperation;

Reason

Batteries on a community system level prove to be safer in operation and require less investment in comparison with domestic batteries.

Amendment 23

Proposal for a Directive

Article 1.2(b)

Text proposed by the European Commission CoR amendment (b) paragraph 3 is replaced by the following: ‘3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end, they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph. (b) paragraph 3 is replaced by the following: ‘3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end, they shall take into account the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph. As part of the measures referred to in the first subparagraph: As part of the measures referred to in the first subparagraph: (a) Member States shall grant no support for: (a) Member States shall grant no support for: (i) the use of saw logs, veneer logs, stumps and roots to produce energy. (ii) the production of renewable energy produced from the incineration of waste if the separate collection obligations laid down in Directive 2008/98/EC have not been complied with. (i) the use of saw logs, veneer logs, stumps and roots to produce energy. (ii) the production of renewable energy produced from the incineration of waste if the separate collection obligations laid down in Directive 2008/98/EC have not been complied with. […] […] No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in particular on how to minimise the use of quality roundwood for energy production, with a focus on support schemes and with due regard to national specificities. Energy generated from waste from households and industry in waste-to-energy (WtE) plants shall be regarded as waste energy, provided that the waste has gone through collection, sorting and material recovery in accordance with the waste hierarchy .

Reason

New paragraph concerning energy generated from waste from households and industry.

Amendment 24

Proposal for a Directive

Article 1.2(c)

Directive (EU) 2018/2001

Article 3 paragraph 4

Text proposed by the European Commission CoR amendment ‘4a. Member States shall establish a framework, which may include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin.’ ‘4a. Member States shall establish a framework, which will include support schemes and facilitating the uptake of renewable power purchase agreements, enabling the deployment of renewable electricity to a level that is consistent with the Member State’s national contribution referred to in paragraph 2 and at a pace that is consistent with the indicative trajectories referred to in Article 4(a)(2) of Regulation (EU) 2018/1999. In particular, that framework shall tackle remaining barriers, including those related to permitting procedures, to a high level of renewable electricity supply. When designing that framework, Member States shall take into account the additional renewable electricity required to meet demand in the transport, industry, building and heating and cooling sectors and for the production of renewable fuels of non-biological origin and recycled carbon fuels. This framework shall be established at the latest within two years after the adoption of Directive amending Directive (EU) 2018/2001 (2021/0218 (COD));’

Reason

Similar to renewable fuels of non-biological origin, recycled carbon fuels will require their share of renewable energy to be durably produced. Enhancing circular economy models enabling waste reduction and recycling while ensuring high GHG savings plays an important role in achieving climate objectives.

Amendment 25

Proposal for a Directive

Article 1.4(a)(b)

Directive (EU) 2018/2001

Article 9 paragraph 1a

Text proposed by the European Commission CoR amendment Article 9 is amended as follows: Article 9 is amended as follows: (a) the following paragraph 1a is inserted: ‘1a. By 31 December 2025, each Member State shall agree to establish at least one joint project with one or more other Member States for the production of renewable energy. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294 shall be deemed to satisfy this obligation for the Member States involved.’; (a) the following paragraph 1a is inserted: ‘1a. By 31 December 2025, each Member State or region shall agree to establish more than one joint project with one or more other Member States or regions for the production of renewable energy. The joint projects shall not correspond to the projects of common interest already adopted under trans-European framework. Such cooperation may involve local and regional authorities and private operators. The Commission shall be notified of such an agreement, including the date on which the project is expected to become operational. Projects financed by national contributions under the Union renewable energy financing mechanism established by Commission Implementing Regulation (EU) 2020/1294 shall be deemed to satisfy this obligation for the Member States involved.’; (b) the following paragraph is inserted: ‘ 7a . Member States bordering a sea basin shall cooperate to jointly define the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps in 2030 and 2040. They shall take into account the specificities and development in each region, the offshore renewable potential of the sea basin and the importance of ensuring the associated integrated grid planning. Member States shall notify that amount in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.’; (b) the following paragraphs are inserted: ‘7. Local and regional authorities involved in cross-border projects, including joint structures such as Euroregions and EGTCs, are eligible for financial support and technical assistance’; ‘ 8 . Member States bordering a sea basin shall cooperate, after consulting regional and local authorities and other stakeholders, to jointly define the amount of offshore renewable energy they plan to produce in that sea basin by 2050, with intermediate steps in 2030 and 2040. They shall take into account the competences , specificities and development in each region, the offshore renewable potential of the sea basin and the importance of ensuring the associated integrated grid planning. Member States shall notify that amount in the updated integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999.’; ‘9. Border Member States and regions may also cooperate on joint projects for the production of renewable energy and storage solutions’;

Reason

The local and regional levels play a very important role in an integrated and decentralised energy system. The cooperation with the local and regional levels is therefore key for the success of such projects. The Commission should support LRAs in working across borders.

Amendment 26

Proposal for a Directive

Article 1.6(2)

Text proposed by the European Commission CoR amendment To achieve the indicative share of renewables set out in paragraph 1, Member States shall, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources in buildings, in line with the provisions of Directive 2010/31/EU. Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling. To achieve the indicative share of renewables set out in paragraph 1, Member States shall, in their building regulations and codes and, where applicable, in their support schemes or by other means with equivalent effect, require the use of minimum levels of energy from renewable sources in new buildings and those to be renovated , in line with the provisions of Directive 2010/31/EU. Member States shall allow those minimum levels to be fulfilled, among others, through efficient district heating and cooling.

Reason

Self-explanatory

Amendment 27

Proposal for a Directive

Article 1.7

Directive (EU) 2018/2001

Article 18 paragraph 3

Text proposed by the European Commission CoR amendment ‘[…] To achieve such sufficient numbers of installers and designers, Member States shall ensure that sufficient training programmes leading to qualification or certification covering renewable heating and cooling technologies, and their latest innovative solutions , are made available. Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self-employed. Member States may put in place voluntary agreements with the relevant technology providers and vendors to train sufficient numbers of installers, which may be based on estimates of sales, in the latest innovative solutions and technologies available on the market. […]’ ‘[…] To achieve such sufficient numbers of installers and designers, Member States, or their competent authorities at regional and local level, shall promote training programmes leading to qualification or certification covering renewable heating and cooling technologies, storage technologies, and their latest innovative solutions, based on state of the art infrastructure . Member States shall put in place measures to promote participation in such programmes, in particular by small and medium-sized enterprises and the self-employed. Member States may put in place voluntary agreements with the relevant technology providers and vendors to train sufficient numbers of installers, which may be based on estimates of sales, in the latest innovative solutions and technologies available on the market. […]’

Reason

Training should take place on state of the art technology in order to avoid the training being focused on less energy efficient systems. The EU has a limited competence in education policy, and training programmes are also managed at regional and local level.

Amendment 28

Proposal for a Directive

Article 1.9

Directive (EU) 2018/2001

Article 20 paragraph 3

Text proposed by the European Commission CoR amendment Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I to Regulation (EU) 2018/1999 on the necessity to build new infrastructure for district heating and cooling from renewable sources in order to achieve the Union target set in Article 3(1) of this Directive, Member States shall, where relevant, take the necessary steps with a view to developing efficient district heating and cooling infrastructure to promote heating and cooling from renewable energy sources, including solar energy, ambient energy, geothermal energy, biomass, biogas, bioliquids and waste heat and cold, in combination with thermal energy storage. Subject to their assessment included in the integrated national energy and climate plans in accordance with Annex I to Regulation (EU) 2018/1999 on the necessity to build new infrastructure for district heating and cooling from renewable sources in order to achieve the Union target set in Article 3(1) of this Directive, Member States shall, where relevant, take the necessary steps with a view to developing efficient district heating and cooling infrastructure to promote heating and cooling from renewable energy sources, including solar energy, ambient energy, geothermal energy, biomass, biogas, bioliquids, recycled carbon fuels, and waste heat and cold, in combination with heat pumps and thermal energy storage.

Reason

Self-explanatory

Amendment 29

Proposal for a Directive

Article 1.10

Directive (EU) 2018/2001

Article 20 a

Text proposed by the European Commission CoR amendment ‘1. Member States shall require transmission system operators and distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and as close to real time as possible but in time intervals of no more than one hour, with forecasting where available . This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems. ‘1. Member States shall require transmission system operators and distribution system operators in their territory to make available information on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible and with a time resolution deemed relevant by Member States to encourage the uptake of renewable energy . This information shall be made available digitally in a manner that ensures it can be used by electricity market participants, aggregators, consumers and end-users, and that it can be read by electronic communication devices such as smart metering systems, electric vehicle recharging points, heating and cooling systems and building energy management systems. 2. In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020], Member States shall ensure that manufacturers of domestic and industrial batteries enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non-discriminatory terms and at no cost. 2. In addition to the requirements in [the proposal for a Regulation concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) 2019/1020], Member States shall ensure that manufacturers of domestic, community and industrial batteries enable real-time access to basic battery management system information, including battery capacity, state of health, state of charge and power set point, to battery owners and users as well as to third parties acting on their behalf, such as building energy management companies and electricity market participants, under non-discriminatory terms and at no cost. Member States shall ensure that vehicle manufacturers make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint, battery capacity, as well as the location of electric vehicles to electric vehicle owners and users, as well as to third parties acting on the owners’ and users’ behalf, such as electricity market participants and electromobility service providers, under non-discriminatory terms and at no cost, in addition to further requirements in the type approval and market surveillance regulation. Member States shall ensure that vehicle and ship manufacturers make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power setpoint, battery capacity, as well as the location of electric vehicles and ships to electric vehicle and ship owners and users, as well as to third parties acting on the owners’ and users’ behalf, such as electricity market participants and electromobility service providers, under non-discriminatory terms and at no cost, in addition to further requirements in the type approval and market surveillance regulation. 3. In addition to the requirements in [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU], Member States shall ensure that non–publicly accessible normal power recharging points installed in their territory from [the transposition deadline of this amending Directive] can support smart charging functionalities and, where appropriate based on assessment by the regulatory authority, bidirectional charging functionalities. 3. In addition to the requirements in [the proposal for a Regulation concerning the deployment of alternative fuel infrastructure, repealing Directive 2014/94/EU], Member States shall ensure that non–publicly accessible normal power recharging points installed in their territory from [the transposition deadline of this amending Directive] can support smart charging functionalities and, where appropriate based on assessment by the regulatory authority, bidirectional charging functionalities. 4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of small or mobile systems such as domestic batteries and electric vehicles, both directly and through aggregation.’; 4. Member States shall ensure that the national regulatory framework does not discriminate against participation in the electricity markets, including congestion management and the provision of flexibility and balancing services, of small or mobile systems such as domestic batteries, community batteries , electric vehicles including trucks and ships , both directly and through aggregation’;

Reason

Batteries on a community system level prove to be safer in operation and require less investment in comparison with domestic batteries; ships provide greater flexibility and should not be omitted from this market.

Amendment 30

Proposal for a Directive

Article 1.10

Directive (EU) 2018/2001

Article 20 a

Text proposed by the European Commission CoR amendment Paragraph 6 is amended as follows: ‘Member States may provide for renewable energy communities to be open to cross-border participation. This may include a direct physical cross-border connection for the purpose of intra-Community electricity exchanges.’

Amendment 31

Proposal for a Directive

Article 1.11

Directive (EU) 2018/2001

Article 22a

Text proposed by the European Commission CoR amendment 1. Member States shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030. 1. Member States, in coordination with regions and cities, shall endeavour to increase the share of renewable sources in the amount of energy sources used for final energy and non-energy purposes in the industry sector by an indicative average minimum annual increase of 1.1 percentage points by 2030. Member States shall include the measures planned and taken to achieve such indicative increase in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999. Member States, in coordination with regions and cities, shall include the measures planned and taken to achieve such indicative increase in their integrated national energy and climate plans and progress reports submitted pursuant to Articles 3, 14 and 17 of Regulation (EU) 2018/1999. Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be 50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030. For the calculation of that percentage, the following rules shall apply: Member States, in coordination with regions and cities, shall strive to ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be 50 % of the hydrogen used for final energy and non-energy purposes in industry by 2030. For the calculation of that percentage, the following rules shall apply: (a) For the calculation of the denominator, the energy content of hydrogen for final energy and non-energy purposes shall be taken into account, excluding hydrogen used as intermediate products for the production of conventional transport fuels. (a) For the calculation of the denominator, the energy content of hydrogen for final energy and non-energy purposes shall be taken into account, excluding hydrogen used as intermediate products for the production of conventional transport fuels. (b) For the calculation of the numerator, the energy content of the renewable fuels of non-biological origin consumed in the industry sector for final energy and non-energy purposes shall be taken into account, excluding renewable fuels of non-biological origin used as intermediate products for the production of conventional transport fuels. (b) For the calculation of the numerator, the energy content of the renewable fuels of non-biological origin and low carbon hydrogen consumed in the industry sector for final energy and non-energy purposes shall be taken into account, excluding renewable fuels of non-biological origin used as intermediate products for the production of conventional transport fuels. (c) For the calculation of the numerator and the denominator, the values regarding the energy content of fuels set out in Annex III shall be used. (c) For the calculation of the numerator and the denominator, the values regarding the energy content of fuels set out in Annex III shall be used. 2. Member States shall ensure that industrial products that are labelled or claimed to be produced with renewable energy and renewable fuels of non-biological origin shall indicate the percentage of renewable energy used or renewable fuels of non-biological origin used in the raw material acquisition and pre-processing, manufacturing and distribution stage, calculated on the basis of the methodologies laid down in Recommendation 2013/179/EU (3) or, alternatively, ISO 14067:2018.’; 2. Member States, in coordination with regions and cities, shall ensure that industrial products that are labelled or claimed to be produced with renewable energy and renewable fuels of non-biological origin shall indicate the percentage of renewable energy used or renewable fuels of non-biological origin used in the raw material acquisition and pre-processing, manufacturing and distribution stage, calculated on the basis of the methodologies laid down in Recommendation 2013/179/EU (4) or, alternatively, ISO 14067:2018.’;

Reason

Local and regional authorities should be part of the efforts to effectively apply the revised directive, They should be involved in the definition of national plans and targets, and their contributions be taken into account.

Amendment 32

Proposal for a Directive

Article 1.12(d)

Directive (EU) 2018/2001

Article 23 paragraph 4

Text proposed by the European Commission CoR amendment ‘4. To achieve the average annual increase referred to in paragraph 1, first subparagraph, Member States may implement one or more of the following measures: ‘4. To achieve the average annual increase referred to in paragraph 1, first subparagraph, Member States may implement one or more of the following measures: (a) physical incorporation of renewable energy or waste heat and cold in the energy sources and fuels supplied for heating and cooling; (a) physical incorporation of renewable energy or waste heat and cold in the energy sources and fuels supplied for heating and cooling; (b) installation of highly efficient renewable heating and cooling systems in buildings, or use of renewable energy or waste heat and cold in industrial heating and cooling processes; (b) installation of highly efficient renewable heating and cooling systems in buildings, or use of renewable energy or waste heat and cold in industrial heating and cooling processes; (c) measures covered by tradable certificates proving compliance with the obligation laid down in paragraph 1, first subparagraph, through support to installation measures under point (b) of this paragraph, carried out by another economic operator such as an independent renewable technology installer or an energy service company providing renewable installation services; (c) measures covered by tradable certificates proving compliance with the obligation laid down in paragraph 1, first subparagraph, through support to installation measures under point (b) of this paragraph, carried out by another economic operator such as an independent renewable technology installer or an energy service company providing renewable installation services; (d) capacity building for national and local authorities to plan and implement renewable projects and infrastructures; (d) capacity building for national, regional and local authorities to plan and implement renewable projects and infrastructures; (e) creation of risk mitigation frameworks to reduce the cost of capital for renewable heat and cooling projects; (e) creation of risk mitigation frameworks to reduce the cost of capital for renewable heat and cooling projects; (f) promotion of heat purchase agreements for corporate and collective small consumers; (f) promotion of heat and cold purchase agreements for corporate and collective small consumers including SMEs ; (g) planned replacement schemes of fossil heating systems or fossil phase-out schemes with milestones; (g) planned replacement schemes of fossil heating systems or fossil phase-out schemes with milestones; (h) renewable heat planning, encompassing cooling, requirements at local and regional level; (h) renewable heat planning, encompassing cooling, requirements at local and regional level; (i) other policy measures, with an equivalent effect, including fiscal measures, support schemes or other financial incentives. (i) promotion of renewable heating and cooling systems as part of renewable energy communities; (j) other policy measures, with an equivalent effect, including fiscal measures, support schemes or other financial incentives. When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, in particular those in low-income or vulnerable households, who would not otherwise possess sufficient up-front capital to benefit.’; When adopting and implementing those measures, Member States shall ensure their accessibility to all consumers, in particular those in low-income or vulnerable households and vulnerable micro and small enterprises who would not otherwise possess sufficient up-front capital to benefit.’;

Reason

Adding the regional level and adapting the criteria of energy poverty as defined by the Social Climate Fund. Renewable Energy Communities can make important environmental gains by coupling heat/cold with electricity systems.

Amendment 33

Proposal for a Directive

Article 1.13(e)

Directive (EU) 2018/2001

Article 24 paragraph 8

Text proposed by the European Commission CoR amendment Member States shall establish a framework under which electricity distribution system operators will assess, at least every four years, in cooperation with the operators of district heating and cooling systems in their respective areas, the potential for district heating and cooling systems to provide balancing and other system services, including demand response and thermal storage of excess electricity from renewable sources, and whether the use of the identified potential would be more resource- and cost-efficient than alternative solutions. Member States or their competent regional and local authorities shall establish a framework under which electricity distribution system operators will assess, at least every four years, in cooperation with the operators of district heating and cooling systems in their respective areas, the potential for district heating and cooling systems to provide balancing and other system services, including demand response and thermal storage of excess electricity from renewable sources, and whether the use of the identified potential would be more resource- and cost-efficient than alternative solutions. The assessment, shall consider in priority alternatives to network development in compliance with the Energy Efficiency First Principle. Member States shall ensure that electricity transmission and distribution system operators take due account of the results of the assessment required under the first subparagraph in grid planning, grid investment and infrastructure development in their respective territories. Member States shall ensure that electricity transmission and distribution system operators take due account of the results of the assessment required under the first subparagraph in grid planning, grid investment and infrastructure development in their respective territories. Member States shall facilitate coordination between operators of district heating and cooling systems and electricity transmission and distribution system operators to ensure that balancing, storage and other flexibility services, such as demand response, provided by district heating and district cooling system operators, can participate in their electricity markets. Member States shall facilitate coordination between operators of district heating and cooling systems and electricity transmission and distribution system operators to ensure that balancing, storage and other flexibility services, such as demand response, provided by district heating and district cooling system operators, can participate in their electricity markets. Member States may extend the assessment and coordination requirements under the first and third subparagraphs to gas transmission and distribution system operators, including hydrogen networks and other energy networks. Member States may extend the assessment and coordination requirements under the first and third subparagraphs to gas transmission and distribution system operators, including hydrogen networks and other energy networks. Member States shall coordinate with regions and cities to facilitate the implementation of this framework, and its operation afterwards.

Reason

The local and regional levels should participate throughout the process for a smooth implementation of the directive.

Amendment 34

Proposal for a Directive

Article 1.14(2)

Text proposed by the European Commission CoR amendment Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public recharging stations shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.; Member States shall establish a mechanism allowing fuel suppliers in their territory to exchange credits for supplying renewable energy and low-carbon hydrogen with a different mechanism to the transport sector. Economic operators that supply renewable electricity to electric vehicles through public recharging stations, renewable energy, low-carbon hydrogen or RFNBOs derived from hydrogen shall receive credits, irrespectively of whether the economic operators are subject to the obligation set by the Member State on fuel suppliers, and may sell those credits to fuel suppliers, which shall be allowed to use the credits to fulfil the obligation set out in paragraph 1, first subparagraph.

Reason

The accelerated development of new renewables should be taken into account.

Amendment 35

Proposal for a Directive

Article 1.16(b)(a)

Text proposed by the European Commission CoR amendment (ii) for renewable fuels of non biological origin and recycled carbon fuels, by multiplying the amount of these fuels that is supplied to all transport modes by their emissions savings determined in accordance with delegated acts adopted pursuant to Article 29a(3); (ii) for renewable fuels of non biological origin, low-carbon hydrogen, RFNBOs derived from hydrogen and recycled carbon fuels, by multiplying the amount of these fuels that is supplied to all transport modes by their emissions savings determined in accordance with delegated acts adopted pursuant to Article 29a(3);

Reason

To align with the addition of low-carbon hydrogen.

Amendment 36

Proposal for a Directive

Article 1.16(b)(d)

Directive (EU) 2018/2001

Article 27 paragraph 1 (d)

Text proposed by the European Commission CoR amendment (d) the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas and renewable electricity supplied to all transport modes by the baseline. (d) the greenhouse gas intensity reduction from the use of renewable energy is determined by dividing the greenhouse gas emissions saving from the use of biofuels, biogas, RFNBOs, low-carbon hydrogen, recycled carbon fuels and renewable electricity supplied to all transport modes by the baseline.

Reason

Self-explanatory

Amendment 37

Proposal for a Directive

Article 1.16(d)

Text proposed by the European Commission CoR amendment (d) paragraph 3 is amended as follows: (d) paragraph 3 is amended as follows: (i) the first, second and third subparagraphs are deleted; (i) the first, second and third subparagraphs are deleted; (ii) the fourth subparagraph is replaced by the following: ‘Where electricity is used for the production of renewable fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured two years before the year in question, shall be used to determine the share of renewable energy.’; (ii) the fourth subparagraph is replaced by the following: ‘Where electricity is used for the production of renewable fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured two years before the year in question, shall be used to determine the share of renewable energy.’; (iii) in the fifth subparagraph, the introductory phrase is replaced by the following: ‘However, electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin, provided that the installation:’; (iii) the fifth subparagraph, incl. points (a) and (b) are replaced by the following: ‘However, electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable fuels of non-biological origin, provided that the installation is not connected to the grid or is connected to the grid but evidence can be provided that the electricity concerned has been supplied without taking electricity from the grid. ’; (iv) the sixth subparagraph is replaced by the following: ‘Electricity that has been taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources, confirmed through guarantees of origin.’ (v) the seventh paragraph is deleted.

Reason

The additionality and correlation principles complicate the already difficult business case of electrolysis and the scaling-up of green H2. Public support for green H2 production should also be possible with a contract with an existing solar or wind farm, for example through guarantees of origin.

Amendment 38

Proposal for a Directive

Article 1.18(a)

Directive (EU) 2018/2001

Article 29 paragraph 1

Text proposed by the European Commission CoR amendment Article 29 is amended as follows: Article 29 is amended as follows: (a) paragraph 1 is amended as follows: (a) paragraph 1 is amended as follows: (i) in the first subparagraph, point (a) is replaced by the following: ‘(a) contributing towards the renewable energy shares of Member States and the targets referred to in Articles 3(1),15a(1), 22a(1), 23(1), 24(4), and 25(1) of this Directive;’; (i) in the first subparagraph, point (a) is replaced by the following: ‘(a) contributing towards the renewable energy shares of Member States and the targets referred to in Articles 3(1),15a(1), 22a(1), 23(1), 24(4), and 25(1) of this Directive;’; (ii) the fourth subparagraph is replaced by the following: ‘Biomass fuels shall fulfil the sustainability and greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10 if used, – (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 5 MW, – (b) in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 2 MW, – (c) in the case of installations producing gaseous biomass fuels with the following average biomethane flow rate: (i) above 200 m3 methane equivalent/h measured at standard conditions of temperature and pressure (i.e. 0 oC and 1 bar atmospheric pressure); (ii) if biogas is composed of a mixture of methane and non-combustible other gases, for the methane flow rate, the threshold set out in point (i), recalculated proportionally to the volumetric share of methane in the mixture; (iii) the following subparagraph is inserted after the fourth subparagraph: ‘Member States may apply the sustainability and greenhouse gas emissions saving criteria to installations with lower total rated thermal input or biomethane flow rate.’;

Reason

The amendment aims at reinstating part of the text of the Directive 2018/2001 currently in force and adopted only three years ago (not yet transposed by all Members States).

Unstable legislation would produce the effect of curbing investment and hinder market development.

Amendment 39

Proposal for a Directive

Article 1.18(e) and (f)

Text proposed by the European Commission CoR amendment (e) in paragraph 6, first subparagraph, point (a), point (iv) is replaced by the following: ‘(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’; (e) in paragraph 6, first subparagraph, point (a), point (iv) is replaced by the following: ‘(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’; (f) in paragraph 6, first subparagraph, point (b), point (iv) is replaced by the following: ‘(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’ (f) in paragraph 6, first subparagraph, point (b), point (iv) is replaced by the following: ‘(iv) that harvesting is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:’

Reason

Long-term field trials in Nordic silviculture show that partial harvest of stumps & roots is possible without harming biodiversity. Local and regional conditions regarding ecological consequences in different forest management strategies need to be taken into account.

Amendment 40

Proposal for a Directive

Article 1.18(g)

Directive (EU) 2018/2001

Article 29 paragraph 10

Text proposed by the European Commission CoR amendment (g) in paragraph 10, first subparagraph, point (d) is replaced by the following: ‘(d) at least 70 % for electricity, heating and cooling production from biomass fuels used in installations until 31 December 2025, and at least 80 % from 1 January 2026.’;

Reason

RED II rules are applicable to installations that start their operations until 31 December 2025.

Introducing new, stricter criteria for existing installations (retroactively) would undermine the stability of the legal framework and investments. It would have a particularly negative impact on rural areas.

Amendment 41

Proposal for a Directive

Article 1.19

Directive (EU) 2018/2001

Article 29a paragraph 2

Text proposed by the European Commission CoR amendment Energy from recycled carbon fuels may be counted towards the greenhouse gas emissions reduction target referred to in Article 25(1) , first subparagraph, point (a), only if the greenhouse gas emissions savings from the use of those fuels are at least 70 %. Energy from recycled carbon fuels and low carbon hydrogen may be counted towards the targets referred to in Articles 15a(1), 22a(1), 23(1), 24(4) and 25(1) only if the greenhouse gas emissions savings from the use of those fuels are at least 70 %.

Reason

The European Commission is putting a strong emphasis on CCU to play an important role in the decarbonising industry and should as such also create a market for the resulting fuel.

Amendment 42

Proposal for a Directive

Article 1.22

Directive (EU) 2018/2001

Article 31 — paragraphs 2, 3 and 4

Text proposed by the European Commission CoR amendment 1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels. 1. The Commission shall ensure that a Union database is set up to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels. 2. Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union. Information on whether support has been provided for the production of a specific consignment of fuel, and if so, on the type of support scheme, shall also be included in the database. 2. Member States shall require the relevant economic operators to enter in a timely manner accurate information into that database on the transactions made and the sustainability characteristics of the fuels subject to those transactions, including their raw material and its origins, life-cycle greenhouse gas emissions, starting from their point of production to the moment it is consumed in the Union. Information on whether support has been provided for the production of a specific consignment of fuel, and if so, on the type of support scheme, shall also be included in the database. Where appropriate to improve traceability of data along the entire supply chain, the Commission is empowered to adopt delegated acts in accordance with Article 35 to further extend the scope of the information to be included in the Union database to cover relevant data from the point of production or collection of the raw material used for the fuel production. Where appropriate to improve traceability of data along the entire supply chain, the Commission is empowered to adopt delegated acts in accordance with Article 35, only in strictly exceptional cases, to further extend the scope of the information to be included in the Union database to cover relevant data from the point of production or collection of the raw material used for the fuel production. Member States shall require fuel suppliers to enter the information necessary to verify compliance with the requirements laid down in Article 25(1), first subparagraph, into the Union database. Member States shall require fuel suppliers to enter the information necessary to verify compliance with the requirements laid down in Article 25(1), first subparagraph, into the Union database. 3. Member States shall have access to the Union database for the purposes of monitoring and data verification. 3. Member States and regional authorities shall have access to the Union database for the purposes of monitoring and data verification. 4. If guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are cancelled before the consignment of renewable gases can be registered in the database. 4. If guarantees of origin have been issued for the production of a consignment of renewable gases, Member States shall ensure that those guarantees of origin are cancelled before the consignment of renewable gases can be registered in the database. 5. Member States shall ensure that the accuracy and completeness of the information included by economic operators in the database is verified, for instance by using voluntary or national schemes. 5. Member States shall ensure that the accuracy and completeness of the information included by economic operators in the database is verified, for instance by using voluntary or national schemes. For data verification, voluntary or national schemes recognised by the Commission pursuant to Article 30(4), (5) and (6) may use third party information systems as intermediaries to collect the data, provided that such use has been notified to the Commission. For data verification, voluntary or national schemes recognised by the Commission pursuant to Article 30(4), (5) and (6) may use third party information systems as intermediaries to collect the data, provided that such use has been notified to the Commission. 6. The Union database will gather and be able to display data at the regional level.

Reason

The granularity of the data can improve the traceability and understanding of the flow of liquid and gaseous renewable fuels and recycled carbon fuels. Delegated acts may only be used in exceptional cases and with due respect of the principle of subsidiarity.

Amendment 43

Proposal for a Directive

Article 3.2 (b)

Amendments to Directive 98/70/EC

Article 2

Text proposed by the European Commission CoR amendment (b) points 8 and 9 are replaced by the following: ‘8. “supplier” means “fuel supplier” as defined in Article 2, first paragraph, point (38) of Directive (EU) 2018/2001of the European Parliament and of the Council; ‘9. “biofuels” means “biofuels” as defined in Article 2, first paragraph, point (33) of Directive 2018/2001;’; (b) points 8 and 9 are replaced by the following: ‘8. “supplier” means “fuel supplier” as defined in Article 2, first paragraph, point (38) of Directive (EU) 2018/2001of the European Parliament and of the Council; ‘9. “biofuels” means “biofuels” as defined in Article 2, first paragraph, point (33) of Directive 2018/2001;’; ‘10. “Low-carbon hydrogen” means fossil-based hydrogen with carbon capture and storage or electricity-based hydrogen, where that hydrogen achieves life-cycle greenhouse gas emissions savings of at least 73,4 % resulting in life-cycle greenhouse gas emissions below 3 tCO 2 eq/tH 2 relative to a fossil fuel comparator of 94g CO 2 e/MJ (2,256 tCO 2 eq/tH 2 ). The carbon content of electricity-based hydrogen shall be determined by the marginal generation unit in the bidding zone where the electrolyser is located in the imbalance settlement periods when the electrolyser consumes electricity from the grid;’

II. POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS (CoR),

1. underlines that, following the invasion of Ukraine by Russia, the need for an urgent energy transition and energy security of supply have never been stronger and clearer;

2. welcomes the proposed revision of the Renewable Energy Directive which stems from the overall ambition of the EU to become a climate-neutral continent by 2050;

3. supports the increase of the 2030 renewable energy target and the fact that all sectors are expected to contribute and underlines that massive and rapid expansion of renewables, in conjunction with increased energy sovereignty and efficiency, is instrumental to achieve EU climate objectives, as well as strengthening the affordability and security of supply of the EU energy system.

4. Advocates nonetheless a flexible and balanced approach to the renewable energy objectives that encourages continuous development of technologies, provides certainty to investors while maintaining EU competitiveness and guaranteeing a sustainable and just transition;

5. stresses that it is paramount to ensure coherence among the legislative texts under the ‘Fit for 55’ package, and that the ‘energy efficiency first principle’ as well as of technological neutrality are upheld in order to achieve net-zero emissions by 2050 in the most sustainable and cost-effective manner;

6. insists that the Member States must transpose the REDII in the spirit intended in the document;

Subsidiarity and Impact Assessment

7. welcomes the inclusion of a subsidiarity grid accompanying the legislative proposals as proposed by the CoR; at the same shares the remarks of the Regulatory Scrutiny Board remarks raised prior to the publication of the proposal, in particular on the need to address systematically the subsidiarity and proportionality concerns, the need to better present impact of the proposed measures across Member States and regions, including of bioenergy sustainability criteria;

8. points out that the competences of local and regional authorities are not homogeneous across the European Union and decisions should be taken on the level of governance that provides the most effective solution; the CoR is committed to monitoring the implementation of the subsidiarity and proportionality principles as well as the territorial impact of the proposed legislation in order to ensure the successful implementation of the climate targets in the most sustainable and cost-efficient manner;

9. reiterates the importance for the Union of taking into account existing regional disparities and the specific features of each region, and supporting cost-effective and resource-efficient solutions, while ensuring that energy costs remain affordable for citizens and companies;

10. underlines that renewable energy production often takes place at local and regional level and depends on regional SMEs; calls for the Member States to fully involve local and regional authorities in defining and implementing national climate measures, e. g. through Regionally and Locally Determined Contributions (LRDCs) as a complement to the Nationally Determined Contributions (NDCs) established by the Paris Agreement;

Renewable Energy Communities

11. regrets the decision not to amend the Article on Renewable Energy Communities in the light of the lessons learnt from the current transposition and the lack of new provisions to facilitate permitting, reduce administrative difficulties and other factors inhibiting grid access, and to enhance the deployment of technologies such as solar thermal and photovoltaic, hydropower, wind, and geothermal technologies;

12. stresses the need to fully encompass and benefit from the contributions of ‘prosumers’, renewable energy communities and new technologies, such as energy storage, demand side response, micro-grids (possibly cross-border), electric mobility;

13. highlights the importance of the low and medium-voltage electricity grid, where the required infrastructure for a multitude of new, decentralised producers feeding electricity into the system must be created; underlines that there is also a need to connect new small-scale producers to the low and medium-voltage networks; calls on the Commission to provide a framework for the aggregation of several smaller projects, in order to allow them to meet the criteria under the current legislation. Flexibility in this regard is of high importance for Local and Regional Authorities to be able to set up certain aggregated projects and to potentially obtain financing for these efforts;

14. points out that storage systems on a community system level prove to be safer in operation and require less investment in comparison with domestic storage systems;

Cross-border cooperation

15. welcomes the proposal to reinforce cooperation between Member States and foster regional and local cooperation on renewables to improve synergies on the energy market; highlights the leading role of regions in increasing offshore wind and ocean energy production;

16. reaffirms the importance of promoting and supporting cross-border cooperation projects (such as Projects of Common Interest) among local and regional authorities to ensure a cost-effective, integrated, decarbonised and decentralised energy system; in this line, highlights also the importance of interconnectivity for stabilisation of the grid in light of the variability of renewable energy sources and the environmental pressures of climate change impacting the functionality of electricity infrastructure;

17. underlines the need to provide local and regional authorities with financial and technical assistance to enhance their capacity to attract and mobilise investments;

Bioenergy

18. believes sustainable production of biomass is necessary to ensure environmental and biodiversity protection; stresses nonetheless that the introduction of new and more stringent criteria applying to all existing small scale biomass, heat and power installations would undermine the stability of the legal framework and have a huge social impact on vulnerable consumers, especially in rural areas, as well as on businesses, whose existing installations and planned investments cannot be neglected;

19. points out that lowering reporting requirements from 20 MW to 5 MW would add a substantial administrative burden on many medium size energy plants and demands that existing RED sustainability criteria are maintained, along with national legislation, to take into account different national and regional conditions, new requirements should only be introduced if assessments show that the present ones lead to environmental risks that motivate a more stringent approach;

20. calls to unlock the potential of biomethane production in Europe as a way to urgently diversify and reduce the EU’s dependence on Russian gas whilst stepping up on the ambition for the climate targets; supports the target to deliver the production of 35 billion cubic metres (bcm) of biomethane within the EU by 2030 as proposed by the REPowerEU plan

Circular economy and resource efficiency

21. regrets that there is no reference to green and circular public procurement as a tool for public administrations to promote renewable energies in energy-related goods and services;

22. stresses that to achieve greater resource efficiency in a sustainable and environmentally friendly manner, renewable fuels and recycled carbon fuels can be a transition fuel in the short run if sustainability and environmentally friendly criteria are applied and contribute to the decarbonisation of the economy, including the transport sector;

23. advocates for a coordinated action between alternative fuel vehicle manufactures, alternative fuel producers and refuelling infrastructure providers, with a view to ensuring the decarbonisation of the transport sector

Heating and cooling

24. calls for respect of the subsidiarity principle related to heating and cooling;

25. supports the aim to increase the shares of renewables and waste heat in the heating and cooling sector as well as in district heating and cooling. However, sees a need to rephrase targets to combine waste heat and renewable energy on an equal footing, instead of formulating separate targets. Recovering waste heat from industry, data centres etc. should be a preferred activity when available, and not discriminated against to attain a stipulated share of renewables.

26. points out that upskilling through training programmes for installers and designers on renewable heating and cooling and storage technologies should be ensured by the competent authority in the Member States; targeted actions should be taken in the framework of the REPowerEU plan in close cooperation with national, regional and local authorities and in accordance with the principle of subsidiarity;

Energy poverty

27. regrets the lack of promotion of the use of renewable energies as a tool for fighting energy poverty among vulnerable households, micro and small enterprises and mobility users;

28. notes that EU strategy to diversify its fossil energy supplies appears to be insufficient; calls on the EU and the Member States to ramp up their investments in renewables and stresses the importance of local renewable energy production as a way to reduce the dependency on third countries for the import of fossil fuels and their associated high and volatile prices in line with the philosophy of REPowerEU;

29. calls for a coherent set of measures and investments underpinned by a joint, strong effort at all levels to eradicate energy poverty in the path towards a just climate neutral continent by 2050; building upon initiatives such as the Covenant of Mayors and the Energy Poverty Advisory Hub;

Hydrogen and green molecules

30. highlights the key role and welcomes further collection of scientific evidence on the role of ‘green molecules’ and other new sustainable carriers in the energy transition;

31. underlines the importance of renewable hydrogen in sectors where hydrogen is used as a feedstock or where energy efficiency measures and direct electrification are not viable solutions whilst creating great opportunities for innovation, value creation and employment in many European regions;

32. notes that import of significant share of renewable hydrogen will still be needed in the short term in order to compensate for limited production in the EU;

33. stresses that the requirements proposed in the revision of the Renewable Energy Directive on renewable hydrogen and its derivatives (RFNBOs), as requested in the CoR opinion on Towards a roadmap for clean hydrogen (CoR 549/2020) ( 5 ) , are important for the market uptake of renewable hydrogen under the EU hydrogen strategy; supports therefore the envisaged certification of renewable hydrogen, the new sub-targets for RFNBOs in transport and industry, and the envisaged labelling of industrial products produced with renewables and RFNBOs, such as green steel;

34. recalls that renewable hydrogen should be the priority and low-carbon hydrogen could be used for decarbonisation purposes as a short term transitional solution until renewable hydrogen can play this role alone; calls therefore on the EU institutions, Member States and industry to ramp up renewable electricity and hydrogen capacity;

35. asks the Commission to reconsider the forthcoming Delegated Act on Renewable Fuels from Non-Biological Origin produced on the basis of Directive (EU) 2018/2001 to ensure its alignment with this revision;

Solar Energy

36. welcomes the announcement of the upcoming launch of the EU solar energy strategy. This strategy should include targets and concrete measures to accelerate the deployment of solar energy, including in support of the new requirements set out in Article 15a of the Renewable Energy Directive on the integration of renewable energy into buildings and the fight against energy poverty, and should contribute to the creation of a competitive solar energy system;

Offshore energy

37. expressly supports the new requirement proposed in the Renewable Energy Directive for joint offshore energy planning, targets and measures for linked integrated grid planning of Member States bordering sea basins; stresses that for further offshore development, regulatory frameworks at EU level, in particular on tenders, market regulations, technical aspects and occupational health and safety, need to be further harmonized in order to achieve the desired cooperation among Member States and regions;

38. welcomes the recent European Commission Hydrogen and Decarbonised Gas Package and the rules promoting the use of existing gas infrastructure for accepting other green molecules as blends and refurbishing existing and adding new gas infrastructure for the transportation of hydrogen; support an investment framework for the development of a renewable hydrogen market, environmentally safe and economically viable projects in carbon capture, utilisation and storage (CCUS);

39. given the potential impact of this Regulation on local and regional authorities, the CoR underlines the importance of being informed by the co-legislators on all changes to the initial proposal at each stage of the legislative procedure, including trilogue negotiations, in line with the principle of sincere cooperation, thus allowing the CoR to properly discharge of its Treaty prerogatives (Article 91 TFEU).

Brussels, 28 April 2022. The President of the European Committee of the Regions Apostolos TZITZIKOSTAS

(1) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209

(2) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209

(3) 2013/179/EU: Commission Recommendation of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations, OJ L 124, 4.5.2013, p. 1.

(4) 2013/179/EU: Commission Recommendation of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations, OJ L 124, 4.5.2013, p. 1.

(5) OJ C 324, 1.10.2020, p. 41.