Legal provisions of COM(2021)557 - Amendment of Directive 2018/2001, Regulation 2018/1999 Directive 98/70/EC as regards the promotion of energy from renewable sources - Main contents
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| dossier | COM(2021)557 - Amendment of Directive 2018/2001, Regulation 2018/1999 Directive 98/70/EC as regards the promotion of energy from renewable ... |
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| document | COM(2021)557  |
| date | October 18, 2023 |
Article 1
Amendments to Directive (EU) 2018/2001
Directive (EU) 2018/2001 is amended as follows:
| (1) | in Article 2, the second paragraph is amended as follows:
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| (2) | Article 3 is amended as follows:
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| (3) | Article 7 is amended as follows:
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| (4) | Article 9 is amended as follows:
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| (5) | Article 15 is amended as follows:
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| (6) | the following articles are inserted: ‘Article 15a Mainstreaming renewable energy in buildings 1. In order to promote the production and use of renewable energy in the building sector, Member States shall determine an indicative national share of renewable energy produced on-site or nearby as well as renewable energy taken from the grid in final energy consumption in their building sector in 2030 that is consistent with an indicative target of at least a 49 % share of energy from renewable sources in the building sector in the Union’s final energy consumption in buildings in 2030. Member States shall include their indicative national share in the integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999 as well as information on how they plan to achieve it. 2. Member States may count waste heat and cold towards the indicative national share referred to in paragraph 1, up to a limit of 20 % of that share. If they decide to do so, the indicative national share shall increase by half of the percentage of waste heat and cold counted towards that share. 3. Member States shall introduce appropriate measures in their national regulations and building codes and, where applicable, in their support schemes, to increase the share of electricity and heating and cooling from renewable sources produced on-site or nearby as well as renewable energy taken from the grid in the building stock. Such measures may include national measures relating to substantial increases in renewables self-consumption, renewable energy communities, local energy storage, smart recharging and bi-directional recharging, other flexibility services such as demand response, and in combination with energy efficiency improvements relating to cogeneration and major renovations which increase the number of nearly zero energy buildings and buildings that go beyond minimum energy performance requirements provided for in Article 4 of Directive 2010/31/EU. In order to achieve the indicative share of renewable energy provided for in paragraph 1, Member States shall, in their national regulations and building 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 produced on-site or nearby as well as renewable energy taken from the grid, in new buildings and in existing buildings that are undergoing major renovation or a renewal of the heating system, in accordance with Directive 2010/31/EU, where that is economically, technically and functionally feasible. Member States shall allow those minimum levels to be fulfilled through, inter alia, efficient district heating and cooling. For existing buildings, the first subparagraph shall apply to the armed forces only to the extent that its application does not cause any conflict with the nature and primary aim of the activities of the armed forces and with the exception of material used exclusively for military purposes. 4. Member States shall ensure that public buildings at national, regional and local level fulfil an exemplary role as regards the share of renewable energy used, in accordance with Article 9 of Directive 2010/31/EU and Article 5 of Directive 2012/27/EU. Member States may allow that obligation to be fulfilled by, inter alia, providing for the roofs of public or mixed private-public buildings to be used by third parties for installations that produce energy from renewable sources. 5. Where deemed to be relevant, Member States may promote cooperation between local authorities and renewable energy communities in the building sector, particularly through the use of public procurement. 6. In order to achieve the indicative share of renewable energy provided for in paragraph 1, Member States shall promote the use of renewable heating and cooling systems and equipment and may promote innovative technology, such as smart and renewable-based electrified heating and cooling systems and equipment, complemented, where applicable, with smart management of energy consumption in buildings. To that end, Member States shall use all appropriate measures, tools and incentives, including, energy labels developed under Regulation (EU) 2017/1369, energy performance certificates established pursuant to Article 11 of Directive 2010/31/EU, and other appropriate certificates or standards developed at Union or national level, and shall ensure the provision of adequate information and advice on renewable, highly energy efficient alternatives as well as on financial instruments and incentives available to promote an increased replacement rate of old heating systems and an increased switch to solutions based on renewable energy. Article 15b Mapping of areas necessary for national contributions towards the overall Union renewable energy target for 2030 1. By 21 May 2025, Member States shall carry out a coordinated mapping for the deployment of renewable energy in their territory to identify the domestic potential and the available land surface, sub-surface, sea or inland water areas that are necessary for the installation of renewable energy plants and their related infrastructure, such as grid and storage facilities, including thermal storage, that are required in order to meet at least their national contributions towards the overall Union renewable energy target for 2030 set in Article 3(1) of this Directive. To that end, Member States may use or build upon their existing spatial planning documents or plans, including maritime spatial plans set up pursuant to Directive 2014/89/EU of the European Parliament and of the Council (*12). Member States shall ensure coordination among all the relevant national, regional and local authorities and entities, including network operators, in the mapping of the necessary areas, where appropriate. Member States shall ensure that such areas, including the existing renewable energy plants and cooperation mechanisms, are commensurate with the estimated trajectories and total planned installed capacity by renewable energy technology set out in their national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999. 2. For the purpose of identifying the areas referred to in paragraph 1, Member States shall take into account in particular:
3. Member States shall favour multiple uses of the areas referred to in paragraph 1. Renewable energy projects shall be compatible with pre-existing uses of those areas. 4. Member States shall periodically review and, where necessary, update the areas referred to in paragraph 1 of this Article, in particular in the context of the updates of their national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999. Article 15c Renewables acceleration areas 1. By 21 February 2026, Member States shall ensure that competent authorities adopt one or more plans designating, as a sub-set of the areas referred to in Article 15b(1), renewables acceleration areas for one or more types of renewable energy sources. Member States may exclude biomass combustion and hydropower plants. In those plans, competent authorities shall:
The rules referred to in point (b) of the first subparagraph shall be targeted to the specificities of each identified renewables acceleration area, to the type or types of renewable energy technology to be deployed in each area and to the identified environmental impact. Compliance with the rules referred to in the first subparagraph, point (b), of this paragraph and the implementation of the appropriate mitigation measures by the individual projects shall result in the presumption that projects are not in breach of those provisions without prejudice to Article 16a(4) and (5) of this Directive. Where novel mitigation measures to prevent, to the extent possible, the killing or disturbance of species protected under Directives 92/43/EEC and 2009/147/EC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such mitigation measures is closely monitored and appropriate steps are taken immediately if they prove not to be effective. Competent authorities shall explain in the plans designating renewables acceleration areas referred to in the first subparagraph the assessment made to identify each designated renewables acceleration area on the basis of the criteria set out in point (a) of the first subparagraph and to identify appropriate mitigation measures. 2. Before their adoption, the plans designating renewables acceleration areas shall be subject to an environmental assessment pursuant to Directive 2001/42/EC of the European Parliament and of the Council (*16), and, if they are likely to have a significant impact on Natura 2000 sites, to the appropriate assessment pursuant to Article 6(3) of Directive 92/43/EEC. 3. Member States shall decide the size of renewables acceleration areas, in view of the specificities and requirements of the type or types of technology for which they set up renewables acceleration areas. While retaining the discretion to decide on the size of those areas, Member States shall aim to ensure that the combined size of those areas is significant and that they contribute to the achievement of the objectives set out in this Directive. The plans designating renewables acceleration areas referred to in paragraph 1, first subparagraph, of this Article shall be made publicly available and shall be reviewed periodically, as appropriate, in particular in the context of the updating of the integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999. 4. By 21 May 2024, Member States may declare as renewables acceleration areas specific areas which have already been designated to be areas suitable for an accelerated deployment of one or more types of renewable energy technology, provided that all of the following conditions are met:
5. The competent authorities shall apply the permit-granting procedure and deadlines referred to in Article 16a to individual projects in renewables acceleration areas. Article 15d Public participation 1. Member States shall ensure public participation regarding the plans designating renewables acceleration areas referred to in Article 15c(1), first subparagraph, in accordance with Article 6 of Directive 2001/42/EC, including identifying the public affected or likely to be affected. 2. Member States shall promote public acceptance of renewable energy projects by means of direct and indirect participation of local communities in those projects. Article 15e Areas for grid and storage infrastructure necessary to integrate renewable energy into the electricity system 1. Member States may adopt one or more plans to designate dedicated infrastructure areas for the development of grid and storage projects that are necessary to integrate renewable energy into the electricity system where such development is not expected to have a significant environmental impact, such an impact can be duly mitigated or, where not possible, compensated for. The aim of such areas shall be to support and complement the renewables acceleration areas. Those plans shall:
While preparing such plans, Member States shall consult the relevant infrastructure system operators. 2. By way of derogation from Article 2(1) and Article 4(2) of and Annex I, point 20, and Annex II, point (3)(b), to Directive 2011/92/EU of the European Parliament and of the Council (*17), and by way of derogation from Article 6(3) of Directive 92/43/EEC, Member States may, under justified circumstances, including where needed to accelerate the deployment of renewable energy in order to achieve the climate and renewable energy targets, exempt grid and storage projects which are necessary to integrate renewable energy into the electricity system from the environmental impact assessment pursuant to Article 2(1) of Directive 2011/92/EU, from an assessment of their implications for Natura 2000 sites pursuant to Article 6(3) of Directive 92/43/EEC and from the assessment of their implications on species protection pursuant to Article 12(1) of Directive 92/43/EEC and to Article 5 of Directive 2009/147/EC, provided that the grid or storage project is located in a dedicated infrastructure area designated in accordance with paragraph 1 of this Article and that it complies with the rules established, including on proportionate mitigation measures to be adopted, in accordance with paragraph 1, point (e), of this Article. Member States may also grant such exemptions in relation to infrastructure areas designated before 20 November 2023 if they were subject to an environmental assessment pursuant to Directive 2001/42/EC. Such derogations shall not apply to projects that are likely to have significant effects on the environment in another Member State or where a Member State likely to be significantly affected so requests, as provided for in Article 7 of Directive 2011/92/EU. 3. Where a Member State exempts grid and storage projects pursuant to paragraph 2 of this Article from the assessments referred to in that paragraph, the competent authorities of that Member State shall carry out a screening process of projects that are located in dedicated infrastructure areas. Such a screening process shall be based on existing data from the environmental assessment pursuant to Directive 2001/42/EC. The competent authorities may request the applicant to provide additional available information. The screening process shall be finalised within 30 days. It shall aim to identify if any of such projects is highly likely to give rise to significant unforeseen adverse effects, in view of the environmental sensitivity of the geographical areas where they are located, that were not identified during the environmental assessment of the plans designating dedicated infrastructure areas carried out pursuant to Directive 2001/42/EC and, where relevant, to Directive 92/43/EEC. 4. Where the screening process identifies a project to be highly likely to give rise to significant unforeseen adverse effects as referred to in paragraph 3, the competent authority shall ensure, on the basis of existing data, that appropriate and proportionate mitigation measures are applied to address those effects. Where it is not possible to apply such mitigation measures, the competent authority shall ensure that the operator adopts appropriate compensatory measures to address those effects, which, if other proportionate compensatory measures are not available, may take the form of a monetary compensation for species protection programmes, in order to ensure or improve the conservation status of the species affected. 5. Where the integration of renewable energy into the electricity system requires a project to reinforce the grid infrastructure in or outside dedicated infrastructure areas, and such a project is subject to a screening process carried out pursuant to paragraph 3 of this Article, to a determination whether the project requires an environmental impact assessment or to an environmental impact assessment pursuant to Article 4 of Directive 2011/92/EU, such a screening process, determination or environmental impact assessment shall be limited to the potential impact arising from the change or extension compared to the original grid infrastructure. (*12) Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning (OJ L 257, 28.8.2014, p. 135)." (*13) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7)." (*14) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7)." (*15) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1)." (*16) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30)." (*17) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).’;" |
| (7) | Article 16 is replaced by the following: ‘Article 16 Organisation and main principles of the permit-granting procedure 1. The permit-granting procedure shall cover all relevant administrative permits to build, repower and operate renewable energy plants, including those combining different renewable energy sources, heat pumps, and co-located energy storage, including power and thermal facilities, as well as assets necessary for the connection of such plants, heat pumps and storage to the grid, and to integrate renewable energy into heating and cooling networks, including grid-connection permits and, where required, environmental assessments. The permit-granting procedure shall comprise all administrative stages from the acknowledgment of the completeness of the permit application in accordance with paragraph 2 to the notification of the final decision on the outcome of the permit-granting procedure by the relevant competent authority or authorities. 2. Within 30 days, for renewable energy plants located in renewables acceleration areas, and within 45 days, for renewable energy plants located outside renewables acceleration areas, of receipt of an application for a permit, the competent authority shall acknowledge the completeness of the application or, if the applicant has not sent all the information required to process the application, request that the applicant submit a complete application without undue delay. The date of acknowledgement of the completeness of the application by the competent authority shall serve as the start of the permit-granting procedure. 3. Member States shall set up or designate one or more contact points. Those contact points shall, upon the request of the applicant, guide and facilitate the applicant during the entire administrative permit-application and permit-granting procedure. The applicant shall not be required to contact more than one contact point during the entire procedure. The contact point shall guide the applicant through the administrative permit-application procedure, including the steps relating to the protection of the environment, in a transparent manner up to the delivery of one or more decisions by the competent authorities at the end of the permit-granting procedure, provide the applicant with all necessary information and, where appropriate, involve, other administrative authorities. The contact point shall ensure that the deadlines for the permit-granting procedures set out in this Directive are met. Applicants shall be allowed to submit relevant documents in digital form. By 21 November 2025 Member States shall ensure that all permit-granting procedures are carried out in electronic form. 4. The contact point shall make available a manual of procedures for developers of renewable energy plants and shall provide that information online, addressing distinctly also small-scale renewable energy projects, renewables self-consumers projects and renewable energy communities. The online information shall indicate the contact point relevant to the application in question. If a Member State has more than one contact point, the online information shall indicate the contact point relevant to the application in question. 5. Member States shall ensure that applicants and the general public have easy access to simple procedures for the settlement of disputes concerning the permit-granting procedure and the issuance of permits to build and operate renewable energy plants, including, where applicable, alternative dispute resolution mechanisms. 6. Member States shall ensure that administrative and judicial appeals in the context of a project for the development of a renewable energy plant, the connection of that plant to the grid, and the assets necessary for the development of the energy infrastructure networks required to integrate energy from renewable sources into the energy system, including appeals related to environmental aspects, are subject to the most expeditious administrative and judicial procedure that is available at the relevant national, regional and local level. 7. Member States shall provide adequate resources to ensure qualified staff, upskilling and reskilling of their competent authorities in line with the planned installed renewable energy generation capacity provided for in their integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999. Member States shall assist regional and local authorities in order to facilitate the permit-granting procedure. 8. Except when it coincides with other administrative stages of the permit-granting procedure, the duration of the permit-granting procedure shall not include:
9. Decisions resulting from the permit-granting procedures shall be made publicly available in accordance with the applicable law. Article 16a Permit-granting procedure in renewables acceleration areas 1. Member States shall ensure that the permit-granting procedure referred to in Article 16(1) shall not exceed 12 months for renewable energy projects in renewables acceleration areas. However, in the case of offshore renewable energy projects, the permit-granting procedure shall not exceed two years. Where duly justified on the ground of extraordinary circumstances, Member States may extend either of those periods by up to six months. Member States shall inform the project developer clearly of the extraordinary circumstances that justify such an extension. 2. The permit-granting procedure for the repowering of renewable energy power plants, for new installations with an electrical capacity of less than 150 kW, for co-located energy storage, including power and thermal facilities, as well as for their grid connection, where located in renewables acceleration areas, shall not exceed six months. However, in the case of offshore wind energy projects, the permit-granting procedure shall not exceed 12 months. Where duly justified on the ground of extraordinary circumstances, such as on grounds of overriding safety reasons where the repowering project has a substantial impact on the grid or on the original capacity, size or performance of the installation, Member States may extend the six-month period by up to three months and the 12-month period for offshore wind energy projects by up to six months. Member States shall inform the project developer clearly about the extraordinary circumstances that justify such an extension. 3. Without prejudice to paragraphs 4 and 5 of this Article, by way of derogation from Article 4(2) of and Annex II, points 3(a), (b), (d), (h), (i), and 6(c), alone or in conjunction with point 13(a), to Directive 2011/92/EU, with regard to renewable energy projects, new applications for renewable energy plants, including plants combining different types of renewable energy technology and the repowering of renewable energy power plants in designated renewables acceleration areas for the relevant technology and co-located energy storage, as well as the connection of such plants and storage to the grid, shall be exempt from the requirement to carry out a dedicated environmental impact assessment pursuant to Article 2(1) of Directive 2011/92/EU, provided that those projects comply with Article 15c(1), point (b), of this Directive. That derogation shall not apply to projects which are likely to have significant effects on the environment in another Member State or where a Member State that is likely to be significantly affected so requests, pursuant to Article 7 of Directive 2011/92/EU. By way of derogation from Article 6(3) of Directive 92/43/EEC, the renewable energy plants referred to in the first subparagraph of this paragraph, shall not be subject to an assessment of their implications for Natura 2000 sites provided that those renewable energy projects comply with the rules and measures established in accordance with Article 15c(1), point (b), of this Directive. 4. The competent authorities shall carry out a screening process of the applications referred to in paragraph 3 of this Article. Such a screening process shall aim to identify if any of the renewable energy projects is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical areas where they are located, which were not identified during the environmental assessment of the plans designating renewables acceleration areas referred to in Article 15c(1), first subparagraph, of this Directive carried out pursuant to Directive 2001/42/EC and, where relevant, to Directive 92/43/EEC. Such a screening process shall also aim to identify if any of such renewable energy projects falls within the scope of Article 7 of Directive 2011/92/EU due to its likelihood of significant effects on the environment in another Member State or due to the request of a Member State which is likely to be significantly affected. For the purpose of such a screening process, the project developer shall provide information on the characteristics of the renewable energy project, on its compliance with the rules and measures identified pursuant to Article 15c(1), point (b), for the specific renewables acceleration area, on any additional measures adopted by the project developer, and on how those measures address environmental impact. The competent authority may request the project developer to provide additional available information. The screening process relating to applications for new renewable energy plants shall be finalised within 45 days from the date of submission of sufficient information necessary for that purpose. However, in the case of applications for installations with an electrical capacity of less than 150 kW and new applications for the repowering of renewable energy power plants, the screening process shall be finalised within 30 days. 5. Following the screening process, the applications referred to in paragraph 3 of this Article shall be authorised from an environmental perspective without requiring any express decision from the competent authority, unless the competent authority adopts an administrative decision, setting out due reasons on the basis of clear evidence, to the effect that a specific project is highly likely to give rise to significant unforeseen adverse effects in view of the environmental sensitivity of the geographical area where the project is located that cannot be mitigated by the measures identified in the plans designating acceleration areas or proposed by the project developer. Such decisions shall be made publicly available. Such renewable energy projects shall be subject to an environmental impact assessment pursuant to Directive 2011/92/EU and, if applicable, to an assessment pursuant to Directive 92/43/EEC, which shall be carried out within six months of the administrative decision identifying a high likelihood of significant unforeseen adverse effects. Where duly justified on the grounds of extraordinary circumstances, that six-month period may be extended by up to six months. In the event of justified circumstances, including where needed to accelerate the deployment of renewable energy to achieve the climate and renewable energy targets, Member States may exempt wind and solar photovoltaic projects from such assessments. Where Member States exempt wind and solar photovoltaics projects from those assessments, the operator shall adopt proportionate mitigation measures or, where such mitigation measures are not available, compensatory measures, which, if other proportionate compensatory measures are not available, may take the form of monetary compensation, in order to address any adverse effects. Where those adverse effects have an impact on species protection, the operator shall pay a monetary compensation for species protection programmes for the duration of the operation of the renewable energy plant in order to ensure or improve the conservation status of the species affected. 6. In the permit-granting procedure referred to in paragraphs 1 and 2, Member States shall ensure that the lack of reply by the relevant competent authorities within the established deadline results in the specific intermediary administrative steps to be considered as approved, except where the specific renewable energy project is subject to an environmental impact assessment pursuant to paragraph 5 or where the principle of administrative tacit approval does not exist in the national legal system of the Member State concerned. This paragraph shall not apply to final decisions on the outcome of the permit-granting procedure, which shall be explicit. All decisions shall be made publicly available. Article 16b Permit-granting procedure outside renewables acceleration areas 1. Member States shall ensure that the permit-granting procedure referred to in Article 16(1) shall not exceed two years for renewable energy projects located outside renewables acceleration areas. However, in the case of offshore renewable energy projects, the permit-granting procedure shall not exceed three years. Where duly justified on the grounds of extraordinary circumstances, including where they require extended periods needed for assessments under applicable Union environmental law, Member States may extend either of those periods by up to six months. Member States shall inform the project developer clearly of the extraordinary circumstances that justify such an extension. 2. Where an environmental assessment is required pursuant to Directive 2011/92/EU or 92/43/EEC, it shall be carried out in a single procedure that combines all relevant assessments for a given renewable energy project. When any such environmental impact assessment is required, the competent authority, taking into account the information provided by the project developer, shall issue an opinion on the scope and level of detail of the information to be included by the project developer in the environmental impact assessment report, of which the scope shall not be extended subsequently. Where a renewable energy project has adopted necessary mitigation measures, any killing or disturbance of the species protected under Article 12(1) of Directive 92/43/EEC and Article 5 of Directive 2009/147/EC shall not be considered to be deliberate. Where novel mitigation measures to prevent as much as possible the killing or disturbance of species protected under Directives 92/43/EEC and 2009/147/EC, or any other environmental impact, have not been widely tested as regards their effectiveness, Member States may allow their use for one or several pilot projects for a limited time period, provided that the effectiveness of such mitigation measures is closely monitored and appropriate steps are taken immediately if they do not prove to be effective. The permit-granting procedure for the repowering of renewable energy power plants, for new installations with an electrical capacity of less than 150 kW and for co-located energy storage, as well as for the connection of such plants, installations and storage to the grid, located outside renewables acceleration areas shall not exceed 12 months, including with regard to environmental assessments where required by the relevant law. However, in the case of offshore renewable energy projects, the permit-granting procedure shall not exceed two years. Where duly justified on the ground of extraordinary circumstances, Member States may extend either of those periods by up to three months. Member States shall inform the project developer clearly of the extraordinary circumstances that justify such an extension. Article 16c Accelerating the permit-granting procedure for repowering 1. Where repowering of a renewable energy power plant does not result in an increase of the capacity of a renewable energy power plant beyond 15 %, and without prejudice to any assessment of potential environmental impact required pursuant to paragraph 2, Member States shall ensure that permit granting procedures for connections to the transmission or distribution grid shall not exceed three months following application to the relevant entity unless there are justified safety concerns or there is technical incompatibility of the system components. 2. Where the repowering of a renewable energy power plant is subject to the screening process provided for in Article 16a(4), to a determination whether the project requires an environmental impact assessment or to an environmental impact assessment pursuant to Article 4 of Directive 2011/92/EU, such a screening process, determination or environmental impact assessment shall be limited to the potential impact arising from a change or extension compared to the original project. 3. Where the repowering of solar installations does not entail the use of additional space and complies with the applicable environmental mitigation measures established for the original solar installation, the project shall be exempt from any applicable requirements to carry out a screening process as provided for in Article 16a(4), to determine whether the project requires an environmental impact assessment, or to carry out an environmental impact assessment pursuant to Article 4 of Directive 2011/92/EU. Article 16d Permit-granting procedure for the installation of solar energy equipment 1. Member States shall ensure that the permit-granting procedure referred to in Article 16(1) for the installation of solar energy equipment and co-located energy storage, including building-integrated solar installations, in existing or future artificial structures, with the exclusion of artificial water surfaces, shall not exceed three months, provided that the primary aim of such artificial structures is not solar energy production or energy storage. By way of derogation from Article 4(2) of and Annex II, points 3(a) and (b), alone or in conjunction with point 13(a), to Directive 2011/92/EU, such installation of solar equipment shall be exempt from the requirement, if applicable, to carry out a dedicated environmental impact assessment pursuant to Article 2(1) of that Directive. Member States may exclude certain areas or structures from the application of the first subparagraph for the purpose of protecting cultural or historical heritage, national defence interests, or safety reasons. 2. Member States shall ensure that the permit-granting procedure for the installation of solar energy equipment with a capacity of 100 kW or less, including for renewables self-consumers and renewable energy communities, shall not exceed one month. The lack of reply by the competent authorities or entities within the established deadline following the submission of a complete application shall result in the permit being considered as granted, provided that the capacity of the solar energy equipment does not exceed the existing capacity of the connection to the distribution grid. Where the application of the capacity threshold referred to in the first subparagraph leads to a significant administrative burden or to constraints to the operation of the electricity grid, Member States may apply a lower capacity threshold provided that it remains above 10,8 kW. Article 16e Permit-granting procedure for the installation of heat pumps 1. Member States shall ensure that the permit-granting procedure for the installation of heat pumps below 50 MW shall not exceed one month. However, in the case of ground source heat pumps, the permit-granting procedure shall not exceed three months. 2. Unless there are justified safety concerns, unless further works are needed for grid connections or unless there is technical incompatibility of the system components, Member States shall ensure that connections to the transmission or distribution grid shall be permitted within two weeks of the notification to the relevant entity for:
3. Member States may exclude certain areas or structures from the application of paragraphs 1 and 2 for the purpose of protecting cultural or historical heritage, national defence interests, or safety reasons. 4. All decisions resulting from the permit-granting procedure referred to in paragraphs 1 and 2 shall be made publicly available in accordance with the applicable law. Article 16f Overriding public interest By 21 February 2024, until climate neutrality is achieved, Member States shall ensure that, in the permit-granting procedure, the planning, construction and operation of renewable energy plants, the connection of such plants to the grid, the related grid itself, and storage assets are presumed as being in the overriding public interest and serving public health and safety when balancing legal interests in individual cases for the purposes of Article 6(4) and Article 16(1), point (c), of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 9(1), point (a), of Directive 2009/147/EC. Member States may, in duly justified and specific circumstances, restrict the application of this Article to certain parts of their territory, to certain types of technology or to projects with certain technical characteristics in accordance with the priorities set out in their integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999. Member States shall inform the Commission of such restrictions, together with the reasons therefor.’ ; |
| (8) | in Article 18, paragraphs 3 and 4 are replaced by the following: ‘3. Member States shall ensure that their certification schemes or equivalent qualification schemes are available for installers and designers of all forms of renewable heating and cooling systems in buildings, industry and agriculture, for installers of solar photovoltaic systems, including energy storage, and for installers of recharging points enabling demand response. Those schemes may take into account existing schemes and structures as appropriate and shall be based on the criteria laid down in Annex IV. Each Member State shall recognise the certification awarded by other Member States in accordance with those criteria. Member States shall set up a framework to ensure a sufficient number of trained and qualified installers of the technology referred to in the first subparagraph to service the growth of renewable energy required to achieve the targets set out in this Directive. To achieve such a sufficient number of installers and designers, Member States shall ensure that sufficient training programmes leading to certification or qualification covering renewable heating and cooling technology, solar photovoltaic systems, including energy storage, recharging points enabling demand response, and the latest innovative solutions thereof, are made available provided that they are compatible with their certification schemes or equivalent qualification schemes. Member States shall put in place measures to promote participation in such training 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 technology available on the market. If Member States identify a substantial gap between available and necessary number of trained and qualified installers, they shall take measures to address that gap. 4. Member States shall make information on certification schemes or equivalent qualification schemes referred to in paragraph 3 available to the public. Member States shall also make available to the public, in a transparent and easily accessible manner, a regularly updated list of installers who are certified or qualified in accordance with paragraph 3.’ ; |
| (9) | Article 19 is amended as follows:
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| (10) | in Article 20, paragraph 3 is replaced by the following: ‘3. Subject to the assessment included in their integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999 and in accordance with Annex I to that Regulation on the necessity to build new infrastructure for district heating and cooling from renewable sources in order to achieve the overall 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 sources, such as solar thermal energy, solar photovoltaic energy, renewable electricity driven heat pumps using ambient energy and geothermal energy, other geothermal energy technology, biomass, biogas, bioliquids and waste heat and cold, where possible in combination with thermal energy storage, demand-response systems and power to heat installations.’ ; |
| (11) | the following Article is inserted: ‘Article 20a Facilitating system integration of renewable electricity 1. Member States shall require transmission system operators and, if the data are available to them, distribution system operators in their territory to make available data on the share of renewable electricity and the greenhouse gas emissions content of the electricity supplied in each bidding zone, as accurately as possible in intervals equal to the market settlement frequency but of no more than one hour, with forecasting where available. Member States shall ensure that distribution system operators have access to the necessary data. If distribution system operators do not have access, pursuant to national law, to all the data needed, they shall apply the existing data reporting system under the European Network of Transmission System Operators for Electricity, in accordance with the provisions of Directive (EU) 2019/944. Member States shall provide incentives for upgrades of smart grids to better monitor grid balance and make available real time data. If technically available, distribution system operators shall also make available anonymised and aggregated data on the demand response potential and the renewable electricity generated and injected to the grid by self-consumers and renewable energy communities. 2. The data referred to in paragraph 1 shall be made available digitally in a manner that ensures interoperability on the basis of harmonised data formats and standardised data sets so that it can be used in a non-discriminatory manner 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. 3. In addition to the requirements laid down in Regulation (EU) 2023/1542, 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, with explicit consent, on the owners’ and users’ behalf, such as building energy management undertakings and electricity market participants, under non-discriminatory terms, at no cost and in accordance with the data protection rules. Member States shall adopt measures to require that vehicle manufacturers make available, in real-time, in-vehicle data related to the battery state of health, battery state of charge, battery power set point, battery capacity, and, where appropriate, 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 accordance with the data protection rules, and in addition to further requirements with regard to type approval and market surveillance laid down in Regulation (EU) 2018/858 of the European Parliament and of the Council (*18). 4. In addition to the requirements laid down in Regulation (EU) 2023/1804, Member States or their designated competent authorities shall ensure that new and replaced non–publicly accessible normal power recharging points installed in their territory can support smart recharging functionalities and, where appropriate, the interface with smart metering systems, when deployed by Member States, and bi-directional recharging functionalities in accordance with the requirements of Article 15(3) and (4) of that Regulation. 5. In addition to the requirements laid down in Regulation (EU) 2019/943 and Directive (EU) 2019/944, Member States shall ensure that the national regulatory framework allows small or mobile systems such as domestic batteries and electric vehicles and other small, decentralised energy sources to participate in the electricity markets, including congestion management and the provision of flexibility and balancing services, including through aggregation. To that end, Member States shall, in close cooperation with all market participants and regulatory authorities, establish technical requirements for participation in the electricity markets, on the basis of the technical characteristics of those systems. Member States shall provide a level playing field and non-discriminatory participation in the electricity markets for small, decentralised energy assets or mobile systems. (*18) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).’;" |
| (12) | the following articles are inserted: ‘Article 22a Mainstreaming renewable energy in industry 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 increase of at least 1,6 percentage points as an annual average calculated for the periods 2021 to 2025 and 2026 to 2030. Member States may count waste heat and cold towards the average annual increases referred to in the first subparagraph up to a limit of 0,4 percentage points, provided that the waste heat and cold is supplied from efficient district heating and cooling, excluding networks which supply heat to only one building or where all thermal energy is consumed only on-site and where the thermal energy is not sold. If they decide to do so, the average annual increase referred to in the first subparagraph shall increase by half of the waste heat and cold percentage points counted. Member States shall include the policies and measures planned and taken to achieve such indicative increase in their integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999 and their integrated national energy and climate progress reports submitted pursuant to Article 17 of that Regulation. When electrification is considered to be a cost-effective option, those policies and measures shall promote the renewable-based electrification of industrial processes. Those policies and measures shall endeavour to create conducive market condition for the availability of economically viable and technically feasible renewable energy alternatives to replace fossil fuels used for industrial heating with the aim of reducing the use of fossil fuels used for heating in which the temperature is below 200 °C. When adopting those policies and measures, Member States shall take into account the energy efficiency first principle, effectiveness and international competitiveness and the need to tackle regulatory, administrative and economic barriers. Member States shall ensure that the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes shall be at least 42 % of the hydrogen used for final energy and non-energy purposes in industry by 2030, and 60 % by 2035. For the calculation of that percentage, the following rules shall apply:
For the purposes of point (c) of the fifth subparagraph of this paragraph„ in order to determine the energy content of fuels not included in Annex III, the Member States shall use the relevant European standards for the determination of the calorific values of fuels, or where no European standard has been adopted for that purpose, the relevant ISO standards. 2. Member States shall promote voluntary labelling schemes for industrial products that are claimed to be produced with renewable energy and renewable fuels of non-biological origin. Such voluntary labelling schemes 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 either in Commission Recommendation (EU) 2021/2279 (*19) or in ISO 14067:2018. 3. Member States shall report the amount of renewable fuels of non-biological origin that they expect to import and export in their integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999 and in their integrated national energy and climate progress reports submitted pursuant to Article 17 of that Regulation. On the basis of that reporting, the Commission shall develop a Union strategy for imported and domestic hydrogen with the aim of promoting the European hydrogen market as well as domestic hydrogen production within the Union, supporting the implementation of this Directive and the achievement of the targets laid down herein, while having due regard to security of supply and the Union’s strategic autonomy in energy and level playing field on the global hydrogen market. Member States shall indicate in their integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999 and in their integrated national energy and climate progress reports submitted pursuant to Article 17 of that Regulation how they intend to contribute to that strategy. Article 22b Conditions for reduction of the target for the use of renewable fuels of non-biological origin in the industry sector 1. A Member State may reduce the contribution of renewable fuels of non-biological origin used for final energy and non-energy purposes referred to in Article 22a(1), fifth subparagraph, by 20 % in 2030, provided that:
Where any of those conditions are not fulfilled, the reduction referred to in the first subparagraph shall cease to apply. 2. Where a Member State applies the reduction referred to in paragraph 1, it shall notify the Commission thereof, together with its integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999 and as part of its integrated national energy and climate progress reports submitted pursuant to Article 17 of that Regulation. The notification shall include information about the updated share of renewable fuels of non-biological origin and all relevant data to demonstrate that conditions set out in paragraph 1, points (a) and (b), of this Article are fulfilled. The Commission shall monitor the situation in Member States benefitting from a reduction with a view to verifying the ongoing fulfilment of conditions set out in paragraph 1, points (a) and (b). (*19) Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 471, 30.12.2021, p. 1).’;" |
| (13) | Article 23 is amended as follows:
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| (14) | Article 24 is amended as follows:
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| (15) | Article 25 is replaced by the following: ‘Article 25 Increase of renewable energy and reduction of greenhouse gas intensity in the transport sector 1. Each Member State shall set an obligation on fuel suppliers to ensure that:
Member States are encouraged to set differentiated targets for advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and renewable fuels of non-biological origin at national level in order to fulfil the obligation set out in the first subparagraph, point (b), of this paragraph, in a way that the development of both fuels is promoted and expanded. Member States with maritime ports shall endeavour to ensure that as of 2030 the share of renewable fuels of non-biological origin in the total amount of energy supplied to the maritime transport sector is at least 1,2 %. Member States shall, in their integrated national energy and climate progress reports submitted pursuant to Article 17 of Regulation (EU) 2018/1999, report on the share of renewable energy within the final consumption of energy in the transport sector, including in the maritime transport sector, as well as on their greenhouse gas intensity reduction. If the list of feedstock set out in Part A of Annex IX is amended in accordance with Article 28(6), Member States may increase their minimum share of advanced biofuels and biogas produced from that feedstock in the energy supplied to the transport sector accordingly. 2. For the calculation of the targets referred to in paragraph 1, first subparagraph, point (a), and the shares referred to in paragraph 1, first subparagraph, point (b), Member States:
3. For the calculation of the targets set in paragraph 1, first subparagraph, point (a), Member States may take into account recycled carbon fuels. When designing the obligation on fuel suppliers, Member States may:
4. 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 points 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 may include private recharging points in that mechanism provided it can be demonstrated that renewable electricity supplied to those private recharging points is provided solely to electric vehicles.’ ; |
| (16) | Article 26 is amended as follows:
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| (17) | Article 27 is replaced by the following: ‘Article 27 Calculation rules in the transport sector and with regard to renewable fuels of non-biological origin regardless of their end use 1. For the calculation of the greenhouse gas intensity reduction referred to in Article 25(1), first subparagraph, point (a)(ii), the following rules shall apply:
Member States may, where justified, increase the limit referred to in the first subparagraph, point (c)(iv), of this paragraph, taking into account the availability of feedstock listed in Part B of Annex IX. Any such increase shall be notified to the Commission, together with the reasons therefor, and shall be subject to approval by the Commission. 2. For the calculation of the minimum shares referred to in Article 25(1), first subparagraph, point (a)(i) and point (b), the following rules shall apply:
Member States may, where justified, increase the limit referred to in the first subparagraph, point (f), of this paragraph, taking into account the availability of feedstock listed in Part B of Annex IX. Any such increase shall be notified to the Commission, together with the reason therefor, and shall be subject to approval by the Commission. 3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to amend this Directive by adapting the limit on the share of biofuels and biogas produced from the feedstock listed in Part B of Annex IX on the basis of an assessment of the availability of feedstock. The limit shall be at least 1,7 %. If the Commission adopts such a delegated act, the limit set out in it shall also apply to Member States that have obtained an approval from the Commission to increase the limit, in accordance with paragraph 1, second subparagraph, or paragraph 2, second subparagraph,) of this Article, after a five-years transitional period, without prejudice to the right of the Member State to apply that new limit earlier. Member States may apply for a new approval from the Commission for an increase from the limit laid down in the delegated act in accordance with paragraph 1, second subparagraph, or paragraph 2, second subparagraph, of this Article. 4. The Commission is empowered to adopt delegated acts in accordance with Article 35 to amend this Directive by adapting transport fuels and their energy content as set out in Annex III in accordance with scientific and technical progress. 5. For the purpose of the calculations referred to in paragraph 1, first subparagraph, point (b), and in paragraph 2, first subparagraph, point (a), the amount of energy supplied to the maritime transport sector shall, as a proportion of that Member State’s gross final consumption of energy, be considered to be no more than 13 %. For Cyprus and Malta, the amount of energy consumed in the maritime transport sector shall, as a proportion of those Member States’ gross final consumption of energy, be considered to be no more than 5 %. This paragraph shall apply until 31 December 2030. 6. 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. However, electricity obtained from a direct connection to an installation generating renewable electricity may be fully counted as renewable where it is used for the production of renewable fuels of non-biological origin, provided that the installation:
Electricity that has been taken from the grid may be fully counted as renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are counted only once and only in one end-use sector. By 31 December 2021, the Commission shall adopt a delegated act in accordance with Article 35 to supplement this Directive by establishing a Union methodology setting out detailed rules by which economic operators are to comply with the requirements laid down in the second and third subparagraphs of this paragraph. By 1 July 2028, the Commission shall submit a report to the European Parliament and the Council assessing the impact of the Union methodology set out in accordance with the fourth subparagraph, including the impact of additionality and temporal and geographical correlation on production costs, greenhouse gas emissions savings, and the energy system. That Commission report shall, in particular, assess the impact on the availability and affordability of renewable fuels of non-biological origin for industry and transport sectors and on the ability of the Union to achieve its targets for renewable fuels of non-biological origin taking into account the Union strategy for imported and domestic hydrogen in accordance with Article 22a, while minimising the increase in greenhouse gas emissions in the electricity sector and the overall energy system. Where the report concludes that the requirements fall short of ensuring sufficient availability and affordability of renewable fuels of non-biological origin for industry and transport sectors and do not substantially contribute to greenhouse gas emissions savings, energy system integration and the achievement of the Union targets for renewable fuels of non-biological origin set for 2030, the Commission shall review the Union methodology and shall, where appropriate, adopt a delegated act in accordance with Article 35 to amend that methodology, providing the necessary adjustments to the criteria laid down in the second and third subparagraphs of this paragraph in order to facilitate the ramp-up of the hydrogen industry.’ ; |
| (18) | Article 28 is amended as follows:
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| (19) | Article 29 is amended as follows:
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| (20) | the following Article is inserted: ‘Article 29a Greenhouse gas emissions saving criteria for renewable fuels of non-biological origin and recycled carbon fuels 1. Energy from renewable fuels of non-biological origin shall be counted towards Member States’ shares of renewable energy and the targets referred to in Articles 3(1), 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 %. 2. Energy from recycled carbon fuels may be counted towards the targets referred to in Article 25(1), first subparagraph, point (a), only if the greenhouse gas emissions savings from the use of those fuels are at least 70 %. 3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology shall ensure that credit for avoided emissions is not given for CO2 from fossil sources the capture of which has already received an emission credit under other provisions of law. The methodology shall cover the life-cycle greenhouse gas emissions and consider indirect emissions resulting from the diversion of rigid inputs such as wastes used for the production of recycled carbon fuels.’ ; |
| (21) | Article 30 is amended as follows:
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| (22) | the following article is inserted: ‘Article 31a Union database 1. By 21 November 2024, 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 (the ‘Union database’). 2. Member States shall require the relevant economic operators to enter in a timely manner accurate data into the Union 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 they are placed on the market in the Union. For the purpose of entering data into the Union database, the interconnected gas system shall be considered to be a single mass balance system. Data on the injection and withdrawal of renewable gaseous fuels shall be provided in the Union database. Data 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 entered into the Union database. Those data may be entered into the Union database via national databases. Where appropriate for the purpose of improving the traceability of data along the entire supply chain, the Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by further extending the scope of the data 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 data necessary to verify compliance with the requirements laid down in Article 25(1), first subparagraph, into the Union database. Notwithstanding the first, second and third subparagraphs, for gaseous fuels injected into the Union’s interconnected gas infrastructure, economic operators shall, in the event that the Member State decides to complement a mass balance system by a system of guarantees of origin, enter into the Union database data on the transactions made and on the sustainability characteristics and other relevant data, such as greenhouse gas emissions of the fuels up to the injection point to the interconnected gas infrastructure. 3. Member States shall have access to the Union database for the purposes of monitoring and data verification. 4. Where guarantees of origin have been issued for the production of a consignment of renewable gas, Member States shall ensure that those guarantees of origin are transferred to the Union database at the moment when a consignment of renewable gas is registered in the Union database and are cancelled after the consignment of renewable gas is withdrawn from the Union’s interconnected gas infrastructure. Such guarantees of origin, once transferred, shall not be tradable outside the Union database. 5. Member States shall ensure in their national legal framework that the accuracy and completeness of the data entered by economic operators into the database is verified, for instance by using certification bodies in the framework of voluntary or national schemes recognised by the Commission pursuant to Article 30(4), (5) and (6) and which may be complemented by a system of guarantees of origin. Such voluntary or national schemes may use third-party data systems as intermediaries to collect the data, provided that such use has been notified to the Commission. Each Member State may use an already existing national database aligned to and linked with the Union database via an interface, or establish a national database, which can be used by economic operators as a tool for collecting and declaring data and for entering and transferring those data into the Union database, provided that:
Member States may establish national databases in accordance with national law or practice, such as to take into account stricter national requirements, as regards sustainability criteria. Such national databases shall not hinder the overall traceability of sustainable consignments of raw materials or fuels to be entered into the Union database in accordance with this Directive. The verification of the quality of the data entered into the Union database by means of national databases, the sustainability characteristics of the fuels related to those data, and the final approval of transactions shall be carried out through the Union database alone. The accuracy and completeness of those data shall be verified in accordance with Commission Implementing Regulation (EU) 2022/996 (*21). They may be checked by certification bodies. Member States shall notify the detailed features of their national database to the Commission. Following that notification, the Commission shall assess whether the national database complies with the requirements laid down in the third subparagraph. If that is not the case, the Commission may require Member States to take appropriate steps to ensure compliance with those requirements. 6. Aggregated data from the Union database shall be made publicly available, with due regard to the protection of commercially sensitive information, and shall be kept up-to-date. The Commission shall publish and make publicly available annual reports about the data contained in the Union database, including the quantities, the geographical origin and feedstock type of fuels. (*21) Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria (OJ L 168, 27.6.2022, p. 1).’;" |
| (23) | Article 33 is amended as follows:
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| (24) | Article 35 is amended as follows:
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| (25) | the Annexes are amended in accordance with the Annexes to this Directive. |
Article 2
Amendments to Regulation (EU) 2018/1999
Regulation (EU) 2018/1999 is amended as follows:
| (1) | Article 2 is amended as follows:
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| (2) | in Article 4, point (a)(2) is replaced by the following:
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| (3) | in Article 5, paragraph 2 is replaced by the following: ‘2. Member States shall collectively ensure that the sum of their contributions amounts to at least the level of the Union’s binding target for renewable energy for 2030 set in Article 3(1) of Directive (EU) 2018/2001.’ ; |
| (4) | in Article 29, paragraph 2 is replaced by the following: ‘2. In the area of renewable energy, as part of its assessment referred to in paragraph 1, the Commission shall assess the progress made in the share of energy from renewable sources in the Union’s gross final consumption of energy on the basis of an indicative Union trajectory that starts from 20 % in 2020, reaches reference points of at least 18 % in 2022, 43 % in 2025 and 65 % in 2027 of the total increase in the share of energy from renewable sources between the Union’s 2020 renewable energy target and the Union’s 2030 renewable energy target, and reaches the Union’s binding target for renewable energy for 2030 set in Article 3(1) of Directive (EU) 2018/2001.’ . |
Article 3
Amendments to Directive 98/70/EC
Directive 98/70/EC is amended as follows:
| (1) | Article 1 is replaced by the following: ‘Article 1 Scope This Directive sets, in respect of road vehicles, and non-road mobile machinery, including inland waterway vessels when not at sea, agricultural and forestry tractors, and recreational craft when not at sea, technical specifications on health and environmental grounds for fuels to be used with positive ignition and compression-ignition engines, taking account of the technical requirements of those engines.’ ; |
| (2) | in Article 2, points 8 and 9 are replaced by the following:
(*25) 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).’;" |
| (3) | Article 4 is amended as follows:
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| (4) | Articles 7a to 7e are deleted; |
| (5) | Article 9 is amended as follows:
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| (6) | Annexes I, II, IV and V are amended in accordance with Annex II to this Directive. |
Article 4
Transitional provisions
1. Member States shall ensure that the data collected and reported to the authority designated by the Member State with respect to the year 2023 or a part thereof in accordance with Article 7a(1), third subparagraph, and Article 7a(7) of Directive 98/70/EC, which are deleted by Article 3, point (4), of this Directive, are submitted to the Commission.
2. The Commission shall include the data referred to in paragraph 1 of this Article in any report it is obliged to submit under Directive 98/70/EC.
Article 5
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 21 May 2025.
By way of derogation from the first subparagraph of this paragraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point (6), with regard to Article 15e of Directive (EU) 2018/2001, and Article 1, point (7), with regard to Articles 16, 16b,16c, 16d, 16e and 16f of that Directive, by 1 July 2024.
They shall immediately inform the Commission of those measures.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
Article 6
Repeal
Council Directive (EU) 2015/652 is repealed with effect from 1 January 2025.
Article 7
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.