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PE-CONS 36/23 WST/JGC/di
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EUROPEAN UNION
THE EUROPEAN PARLIAMENT THE COUNCIL
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Brussels, 20 September 2023
(OR. en)
2021/0218 (COD)
PE-CONS 36 / 23
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ENER 376
CLIMA 313
CONSOM 243
TRANS 270
AGRI 334
IND 331
ENV 716
COMPET 644
FORETS 73
CODEC 1163
```
**LEGISLATIVE ACTS AND OTHER INSTRUMENTS**
Subject: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and
Directive 98/70/EC as regards the promotion of energy from renewable
sources, and repealing Council Directive (EU) 2015/^


PE-CONS 36/23 WST/JGC/di 1

## DIRECTIVE (EU) 2023/...

## OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

```
of ...
```
```
amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC
as regards the promotion of energy from renewable sources,
and repealing Council Directive (EU) 2015/
```
## THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular
Articles 114, 192(1) and 194(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinions of the European Economic and Social Committee^1 ,

Having regard to the opinion of the Committee of the Regions^2 ,

Acting in accordance with the ordinary legislative procedure^3 ,

(^1) OJ C 152 , 6.4.2022, p. 127 and OJ C 443, 22.11.2022, p. 145.
(^2) OJ C 301 , 5.8.2022, p. 184.
(^3) Position of the European Parliament of 12 September 2023 (not yet published in the Official
Journal) and decision of the Council of ....


PE-CONS 36/23 WST/JGC/di 2

Whereas:

(1) In the context of the European Green Deal, set out in the communication from the
Commission of 11 December 2019 (the ‘European Green Deal’), Regulation
(EU) 2021/1119 of the European Parliament and of the Council^1 established the objective
of climate neutrality in the Union by 2050 and an intermediate target of a reduction of net
greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030. The Union’s
climate neutrality objective requires a just energy transition which leaves no territory or
citizen behind, an increase in energy efficiency and significantly higher shares of energy
from renewable sources in an integrated energy system.

(^1) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021
establishing the framework for achieving climate neutrality and amending Regulations
(EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021,
p. 1).


PE-CONS 36/23 WST/JGC/di 3

(2) Renewable energy plays a fundamental role in achieving those objectives, given that the
energy sector currently contributes over 75 % of total greenhouse gas emissions in the
Union. By reducing those greenhouse gas emissions, renewable energy can also contribute
to tackling challenges related to the environment, such as the loss of biodiversity, and to
reducing pollution in line with the objectives of the Commission communication
of 12 May 2021, entitled ‘Pathway to a Healthy Planet for All EU Action Plan: “Towards
Zero Pollution for Air, Water and Soil”’. The green transition to a renewable energy based
economy will help to achieve the objectives of Decision (EU) 2022/591 of the European
Parliament and of the Council^1 , which also aims to protect, restore and improve the state of
the environment by, inter alia, halting and reversing biodiversity loss. The fact that
renewable energy reduces exposure to price shocks compared to fossil fuels can give
renewable energy a key role in tackling energy poverty. Renewable energy can also bring
broad socio-economic benefits, creating new jobs and fostering local industries while
addressing growing domestic and global demand for renewable energy technology.

(^1) Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a
General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).


PE-CONS 36/23 WST/JGC/di 4

(3) Directive (EU) 2018/2001 of the European Parliament and of the Council^1 sets a binding
overall 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 2030 Climate Target
Plan, set out in the Commission communication of 17 September 2020, entitled ‘Stepping
up Europe’s 2030 climate ambition: Investing in a climate-neutral future for the benefit of
our people’, the share of renewable energy in gross final consumption of energy would
need to increase to 40 % by 2030 in order to achieve the Union’s greenhouse gas emissions
reduction target. In that context, in July 2021, as part of the package delivering on the
European Green Deal, the Commission proposed to double the share of renewable energy
in the energy mix by 2030, compared to 2020, to reach at least 40 %.

(4) The general context created by Russia’s invasion of Ukraine and the effects of the
COVID-19 pandemic has led to a surge in energy prices across the Union, thus
highlighting the need to accelerate energy efficiency and increase the use of renewable
energy in the Union. In order to achieve the long-term objective of an energy system that is
independent of third countries, the Union should focus on accelerating the green transition
and ensuring an emission-reducing energy policy that reduces dependence on imported
fossil fuels and that promotes fair and affordable prices for Union citizens and
undertakings in all sectors of the economy.

(^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 **).**


PE-CONS 36/23 WST/JGC/di 5

(5) The REPowerEU Plan set out in the Commission communication of 18 May 2022
(the ‘REPowerEU Plan’) aims to make the Union independent from Russian fossil fuels
well before 2030. That communication provides for the front-loading of wind and solar
energy, increasing the average deployment rate of such energy as well as for additional
renewable energy capacity by 2030 to accommodate the higher production of renewable
fuels of non-biological origin. It also invited the co-legislators to consider establishing a
higher or earlier target for the increased share of renewable energy in the energy mix.
In that context, it is appropriate to increase the overall Union renewable energy target
to 42,5 % in order to significantly accelerate the current pace of deployment of renewable
energy, thereby accelerating the phase-out of the Union’s dependence on Russian fossil
fuels by increasing the availability of affordable, secure and sustainable energy in the
Union. Beyond that mandatory level, Member States should endeavour to collectively
achieve an overall Union renewable energy target of 45 % in line with
the REPowerEU Plan.

(6) The renewable energy targets should go hand-in-hand with the complementary
decarbonisation efforts on the basis of other non-fossil energy sources towards reaching
climate neutrality by 2050. Member States should be able to combine different non-fossil
energy sources in order to achieve the objective of the Union to become climate neutral
by 2050, taking into account their specific national circumstances and the structure of their
energy supply. In order to achieve that objective, the deployment of renewable energy in
the framework of the increased binding overall Union target should be integrated into
complementary decarbonisation efforts involving the development of other non-fossil
energy sources that Member States decide to pursue.


PE-CONS 36/23 WST/JGC/di 6

(7) Innovation is key to the competitiveness of renewable energy. The European Strategic
Energy Technology Plan set out in the Commission communication of 15 September 2015
entitled ‘Towards an Integrated Strategic Energy Technology (SET) Plan: Accelerating the
European Energy System Transformation(the ‘SET-Plan’) aims to boost the transition
towards a climate neutral energy system through actions for research and innovation,
which address the whole innovation chain, from research to market uptake. In their
integrated national energy and climate plans submitted pursuant to Article 3 of Regulation
(EU) 2018/1999 of the European Parliament and of the Council^1 , Member States set
national objectives and funding targets for public and, where available, private research
and innovation relating to the Energy Union, including, where appropriate, a timeframe for
when the objectives should be met; reflecting the priorities of the Energy Union Strategy
set out in the Commission communication of 25 February 2015 entitled, ‘A Framework
Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy’,
and, where relevant, of the SET-Plan. To complement their national objectives and funding
targets, to promote the production of renewable energy from innovative renewable energy
technology and to safeguard the continued leadership of the Union in research and
development of innovative renewable energy technology, each Member State should set an
indicative target for innovative renewable energy technology of at least 5 % of newly
installed renewable energy capacity by 2030.

(^1) Regulation (EU) 2018/1999 of the European Parliament and of the Council of
11 December 2018 on the Governance of the Energy Union and Climate Action, amending
Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of
the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU,
2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council
Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of
the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).


PE-CONS 36/23 WST/JGC/di 7

(8) In accordance with Article 3 of Directive (EU) .../... of the European Parliament and of the
Council^1 **+** and in line with Commission Recommendation (EU) 2021/1749^2 , Member
States should take an integrated approach by promoting the most energy efficient
renewable source for any given sector and application, as well as by promoting system
efficiency, so that the least energy is required for any given economic activity.

(9) The amendments set out in this Directive are also intended to support the achievement of
the Union’s target of an annual production of sustainable biomethane of 35 billion cubic
meters by 2030, set out in the Commission staff working document of 18 May 2022
accompanying the REPowerEU Plan, entitled ‘Implementing the Repower EU Action
Plan: Investment needs, hydrogen accelerator and achieving the bio-methane targets’,
thereby supporting security of supply and the Union’s climate ambitions.

(^1) Directive (EU) .../... of the European Parliament and of the Council of ... on energy
**+** efficiency and amending Regulation (EU) 2023/955 (OJ L ...).^
OJ: Please insert in the text the number of the Directive contained in document
PE-CONS 15/23 (2021/0203(COD)) and insert the number, date and OJ reference of that
**2** Directive in the footnote.^
Commission Recommendation (EU) 2021/1749 of 28 September 2021 on Energy Efficiency
First: from principles to practice — Guidelines and examples for its implementation in
decision-making in the energy sector and beyond (OJ L 350, 4.10.2021, p. 9).


PE-CONS 36/23 WST/JGC/di 8

(10) There is growing recognition of the need to align bioenergy policies with the principle of
the cascading use of biomass. That principle aims to achieve the resource efficiency of
biomass use by prioritising, wherever possible, the material use of biomass over its energy
use, thus increasing the amount of biomass available within the system. Such an alignment
is intended to ensure fair access to the biomass raw material market for the development of
innovative, high value-added bio-based solutions and a sustainable circular bioeconomy.
When developing support schemes for bioenergy, Member States should therefore take
into consideration the available supply of sustainable biomass for energy and non-energy
uses and the maintenance of the national forest carbon sinks and ecosystems, as well as the
principle of the circular economy, the principle of the cascading use of biomass and the
waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the
Council^1. In line with the principle of the cascading use of biomass, woody biomass should
be used according to its highest economic and environmental added value in the following
order of priorities: wood-based products, extending the service life of wood-based
products, re-use, recycling, bioenergy and disposal. Where no other use for woody biomass
is economically viable or environmentally appropriate, energy recovery helps to reduce
energy generation from non-renewable sources. Member States’ support schemes for
bioenergy should therefore be directed to such feedstocks for which little market
competition exists with the material sectors, and whose sourcing is considered positive for
both climate and biodiversity, in order to avoid negative incentives for unsustainable
bioenergy pathways, as identified in the 2021 report of the Commission’s Joint Research
Centre, entitled ‘The use of woody biomass for energy production in the EU’.

(^1) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008
on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3 ).


PE-CONS 36/23 WST/JGC/di 9

```
At the same time, in implementing measures ensuring the application of the principle of
the cascading use of biomass, it is necessary to recognise the national specificities which
guide Member States in the design of their support schemes. Member States should be
allowed to derogate from that principle in duly justified circumstances, for example where
required for security of energy supply purposes, such as in the case of particularly severe
cold conditions. Member States should also be allowed to derogate from that principle
where there are no industries or processing facilities that could make higher added value
use of certain feedstocks within a geographical perimeter. In such a case, transport beyond
that perimeter for the purpose of such a use might not be justified from an economic or
environmental point of view. Member States should notify any such derogations to the
Commission. Member States should not grant direct financial support for the production of
energy from saw logs, veneer logs, industrial grade roundwood, stumps and roots. For the
purpose of this Directive, tax benefits are not considered to be direct financial support.
Waste prevention, reuse and recycling of waste should be the priority option. Member
States should avoid creating support schemes which would be counter to targets on
treatment of waste and which would lead to the inefficient use of recyclable waste.
Moreover, in order to ensure more efficient use of bioenergy, Member States should not
grant new support or renew any support for electricity-only plants, unless the installations
are located in regions with a specific use status as regards their transition away from fossil
fuels or in the outermost regions referred to in Article 349 TFEU, or the installations use
carbon capture and storage.
```

PE-CONS 36/23 WST/JGC/di 10

(11) The rapid growth and increasing cost-competitiveness of renewable electricity production
can be used to satisfy a growing share of the demand for energy, 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 energy generation. Member States should therefore ensure that the
deployment of renewable electricity continues to increase at an adequate pace to meet
growing demand. To that end, Member States should establish a framework that includes
market-compatible mechanisms to tackle the remaining barriers to having 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, that framework should
tackle the remaining barriers, including non-financial ones such as the lack, on the part of
authorities, of sufficient digital and human resources to process a growing number of
permit applications.


PE-CONS 36/23 WST/JGC/di 11

(12) When calculating the share of renewable energy in a Member State, renewable fuels of
non-biological origin should be counted in the sector where they are consumed (electricity,
heating and cooling, or transport). To avoid double-counting, the renewable electricity
used to produce those fuels should not be counted. That would result in a harmonisation of
the accounting rules for those fuels throughout Directive (EU) 2018/2001, regardless of
whether they are counted for the overall renewable energy target or for any sub-target. It
would also allow the real energy consumed to be counted, taking account of energy losses
in the process to produce those fuels. Moreover, it would allow renewable fuels of non-
biological origin imported into and consumed in the Union to be counted. Member States
should be allowed to agree, via a specific cooperation agreement, to count the renewable
fuels of non-biological origin consumed in a given Member State towards the share of
gross final consumption of energy from renewable sources in the Member State where they
were produced. Where such cooperation agreements are put in place, unless agreed
otherwise, Member States are encouraged to count the renewable fuels of non-biological
origin that are produced in a Member State other than the Member States where they are
consumed as follows: up to 70 % of their volume in the country where they are consumed
and up to 30 % of their volume in the country where they are produced. Agreements
between Member States can take the form of a specific cooperation agreement made via
the Union’s renewable development platform, launched on 29 November 2021.


PE-CONS 36/23 WST/JGC/di 12

(13) Cooperation between Member States 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 between Member States has been very limited, thus
leading to suboptimal results in terms of efficiency in increasing renewable energy.
Member States should therefore be obliged to establish a framework for cooperation on
joint projects by 2025. Within such a framework, Member States should endeavour to
establish at least two joint projects by 2030. In addition, Member States whose annual
consumption of electricity exceeds 100 TWh should endeavour to establish a third joint
project by 2033. Projects financed by national contributions under the Union renewable
energy financing mechanism established by Commission Implementing Regulation
(EU) 2020/1294^1 would meet that obligation for the Member States involved.

(^1) Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020 on the Union
renewable energy financing mechanism (OJ L 303, 17.9.2020, p. 1).


PE-CONS 36/23 WST/JGC/di 13

(14) In its Communication of 19 November 2020, entitled ‘An EU Strategy to harness the
potential of offshore renewable energy for a climate neutral future’, the Commission
introduced 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 that step change, Member
States will need to work together across borders at sea-basin level. Regulation
(EU) 2022/869 of the European Parliament and of the Council^1 requires the Member States
to conclude non-binding agreements to cooperate on goals for offshore renewable energy
generation to be deployed within each sea basin by 2050, with intermediate steps in 2030
and 2040. Publishing information on the volumes of offshore renewable energy that the
Member States intend to achieve through tenders increases transparency and predictability
for investors and supports the achievement of the goals for offshore renewable energy
generation. Maritime spatial planning is an essential tool to ensure the coexistence of
different uses of the sea. Allocating space for offshore renewable energy projects in
maritime spatial plans is needed to enable long-term planning, to assess the impact of those
offshore renewable energy projects and to ensure public acceptance of their planned
deployment. Enabling the participation of renewable energy communities in joint projects
on offshore renewable energy provides a further means by which to enhance
public acceptance.

(^1) Regulation (EU) 2022/869 of the European Parliament and of the Council of 30 May 2022
on guidelines for trans-European energy infrastructure, amending Regulations
(EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/EC and
(EU) 2019/944, and repealing Regulation (EU) No 347/2013 (OJ L 152, 3.6.2022., p. 45).


PE-CONS 36/23 WST/JGC/di 14

(15) The market for renewables power purchase agreements is rapidly growing and provides a
complementary route to the market of renewable generation in addition to support schemes
by Member States or to selling directly on the wholesale electricity market. At the same
time, the market for renewables power purchase agreements is still limited to a small
number of Member States and large undertakings, with significant administrative, technical
and financial barriers remaining in large parts of the Union’s market. The existing
measures provided for in Article 15 of Directive (EU) 2018/2001 to encourage the uptake
of renewables power purchase agreements should therefore be strengthened further, by
exploring the use of credit guarantees to reduce the financial risks of such agreements,
taking into account that those guarantees, where public, should not crowd out private
financing. In addition, measures in support of renewables power purchase agreements
should be extended to other forms of renewable energy purchase agreements, including,
where relevant, renewables heating and cooling purchase agreements. In that context, the
Commission should analyse the barriers to long-term renewable energy purchase
agreements, in particular to the deployment of cross-border renewable energy purchase
agreements, and issue guidance on the removal of those barriers.


PE-CONS 36/23 WST/JGC/di 15

(16) Further streamlining of administrative permit-granting procedures may be needed to
eliminate unnecessary administrative burdens for the purpose of establishing renewable
energy projects and related grid infrastructure projects. Within two years of the entry into
force of this Directive and on the basis of the integrated national energy and climate
progress reports submitted pursuant to Article 17 of Regulation (EU) 2018/1999, the
Commission should consider whether additional measures are needed to further support the
Member States in the implementation of the provisions of Directive (EU) 2018/
regulating permit-granting procedures, including in view of the requirement of the contact
points set up or designated pursuant to Article 16 of that Directive to ensure the fulfilment
of the deadlines for the permit-granting procedures set out in that Directive. It should be
possible for such additional measures to include indicative key performance indicators on,
inter alia, the length of permit-granting procedures regarding renewable energy projects
located in and outside renewables acceleration areas.


PE-CONS 36/23 WST/JGC/di 16

(17) Buildings have a large untapped potential to contribute effectively to the reduction in
greenhouse gas emissions in the Union. The decarbonisation of heating and cooling in
buildings through an increased share in production and use of renewable energy will be
needed to meet the ambition provided for in Regulation (EU) 2021/1119 to achieve the
Union objective of climate neutrality. However, progress on the use of renewable energy
for heating and cooling has been stagnant over the last decade, largely relying on increased
use of biomass. Without the establishment of indicative shares of renewable energy in
buildings, it will not be possible to track progress and identify bottlenecks in the uptake of
renewable energy. The establishment of indicative shares of renewable energy in buildings
provides a long-term signal to investors, including for the period immediately after 2030.
Therefore, indicative shares for the use of renewable energy in buildings that is produced
on-site or nearby as well as renewable energy taken from the grid should be set to guide
and encourage Member States’ efforts to exploit the potential of using and producing
renewable energy in buildings, encourage the development of technology which produces
renewable energy and helps the efficient integration of such technology in the energy
system, while providing certainty for investors and local level engagement as well as
contributing to system efficiency. Smart and innovative technology that contributes to
system efficiency should also be promoted where appropriate. For the calculation of those
indicative shares, when determining the share of renewable electricity taken from the grid
used in buildings, Member States should use the average share of renewable electricity
supplied in their territory in the two previous years.


PE-CONS 36/23 WST/JGC/di 17

(18) The indicative Union share of renewable energy in the building sector to be reached
by 2030 constitutes a necessary minimum milestone for ensuring the decarbonisation of the
Union’s building stock by 2050 and complements the regulatory framework related to
energy efficiency and the energy performance in buildings. It is key to enabling a seamless,
cost-effective phase out of fossil fuels from buildings to ensure their replacement by
renewable energy. The indicative share of renewable energy in the building sector
complements the regulatory framework for buildings pursuant to Union law on the energy
performance of buildings by ensuring that renewable energy technology, appliances and
infrastructures, including efficient district heating and cooling, are sufficiently scaled-up in
a timely manner to replace fossil fuels in buildings and to ensure the availability of a safe
and reliable renewable energy supply for nearly zero-energy buildings by 2030. The
indicative share of renewable energy in the building sector also promotes renewable energy
investments in long-term national building renovation strategies and plans, thereby
enabling the achievement of the decarbonisation of buildings. Furthermore, the indicative
share of renewable energy in the building sector provides an important additional indicator
to promote the development or modernisation of efficient district heating and cooling
networks, thereby complementing both the indicative district heating and cooling target
under Article 24 of Directive (EU) 2018/2001 and the requirement to ensure that
renewable energy and waste heat and cold from efficient district heating and cooling
system are available to help cover the total annual primary energy use of new or renovated
buildings. That indicative share of renewable energy in the building sector is also
necessary to ensure the cost-effective achievement of the annual increase in renewable
heating and cooling pursuant to Article 23 of Directive (EU) 2018/2001.


PE-CONS 36/23 WST/JGC/di 18

(19) Given the large energy consumption in residential, commercial and public buildings,
existing definitions provided for in Regulation (EC) No 1099/2008 of the European
Parliament and of the Council^1 could be used in the calculation of the national share of
energy from renewable sources in buildings as to minimise the administrative burden
whilst ensuring progress in realising the Union’s indicative share of renewable energy in
the building sector by 2030.

(20) Lengthy administrative permit-granting procedures are one of the key barriers to
investment in renewable energy projects and their related infrastructure. Those barriers
include the complexity of the applicable rules for site selection and administrative
authorisations for such projects, the complexity and duration of the assessment of the
environmental impact of such projects, and related energy networks, grid connection
problems, constraints on adapting technology specifications during the permit-granting
procedure, and staffing problems of the permit-granting authorities or grid operators. In
order to accelerate the pace of deployment of such projects it is necessary to adopt rules
which would simplify and shorten permit-granting procedures, taking into account the
broad public acceptance of the deployment of renewable energy.

(^1) Regulation (EC) No 1099/2008 of the European Parliament and of the Council of
22 October 2008 on energy statistics (OJ L 304, 14.11.2008, p. 1).


PE-CONS 36/23 WST/JGC/di 19

(21) Directive (EU) 2018/2001 streamlines the administrative permit-granting procedures for
renewable energy plants by introducing rules on the organisation and maximum duration of
the administrative part of the permit-granting procedure for renewable energy projects,
covering all relevant permits to build, repower and operate renewable energy plants, and
for the connection of such plants to the grid.

(22) A further simplification and shortening of the administrative permit-granting procedures
for renewable energy plants, including energy plants which combine different renewable
energy sources, heat pumps, co-located energy storage, including power and thermal
facilities, as well as the 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 in
a coordinated and harmonised manner, is necessary in order to ensure that the Union
reaches its ambitious climate and energy targets for 2030 and the objective of climate-
neutrality by 2050, while taking into account the ‘do no harm’ principle of the European
Green Deal and without prejudice to the internal division of competences within
Member States.


PE-CONS 36/23 WST/JGC/di 20

(23) The introduction of shorter and clear deadlines for decisions to be taken by the authorities
competent for granting permits for the renewable energy installations on the basis of a
complete application is intended to accelerate the deployment of renewable energy
projects. The time taken to build the renewable energy plants and their grid connections
should not be counted towards those deadlines, except when it coincides with other
administrative steps in the permit-granting procedure. It is appropriate, however, to make a
distinction between projects located in areas that are particularly suitable for the
deployment of renewable energy projects, for which deadlines can be streamlined, namely
renewables acceleration areas, and projects located outside such areas. The particularities
of offshore renewable energy projects should be taken into account when setting
those deadlines.

(24) Some of the most common problems faced by renewable energy project developers relate
to complex and lengthy administrative permit-granting and grid connection procedures
established at national or regional level and a lack of sufficient staffing and technical
expertise in permitting authorities to assess the environmental impact of the proposed
projects. Therefore, it is appropriate to streamline certain environmental-related aspects of
the permit-granting procedures for renewable energy projects.


PE-CONS 36/23 WST/JGC/di 21

(25) Member States should support the faster deployment of renewable energy projects by
carrying out a coordinated mapping for the deployment of renewable energy and related
infrastructure in their territory in coordination with local and regional authorities. Member
States should identify the land, surface, sub-surface and sea or inland water areas necessary
for the installation of renewable energy plants and related infrastructure in order to meet at
least their national contributions towards the revised overall renewable energy target
for 2030 set in Article 3(1) of Directive (EU) 2018/2001 and in support of reaching the
objective of climate neutrality by 2050 at the latest, in accordance with Regulation
(EU) 2021/1119. Member States should be allowed to use existing spatial planning
documents for the purpose of identifying those areas. Member States should ensure that
such areas reflect their estimated trajectories and total planned installed capacity and
should identify specific areas for the different types of renewable energy technology
provided for in their integrated national energy and climate plans submitted pursuant to
Articles 3 and 14 of Regulation (EU) 2018/1999. The identification of the required land,
surface, sub-surface, and sea or inland water areas should take into consideration in
particular the availability of energy from renewable sources and the potential offered by
the different land and sea areas for renewable energy production of the different types of
technology, the projected demand for energy, taking into account energy and system
efficiency, overall and in the different regions of the Member State, and the availability of
relevant energy infrastructure, storage, and other flexibility tools bearing in mind the
capacity needed to cater for the increasing amount of renewable energy, as well as
environmental sensitivity in accordance with Annex III to Directive 2011/92/EU of the
European Parliament and of the Council^1.

(^1) 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).


PE-CONS 36/23 WST/JGC/di 22

(26) Member States should designate as a sub-set of those areas, specific land (including
surfaces and sub-surfaces) and sea or inland water areas as renewables acceleration areas.
Those areas should be particularly suitable for the purpose of developing renewable energy
projects, differentiating between types of technology, on the basis that the deployment of
the specific type of renewable energy source is not expected to have a significant
environmental impact. In the designation of renewables acceleration areas, Member States
should avoid protected areas and consider restoration plans and appropriate mitigation
measures. Member States should be able to designate renewables acceleration areas
specifically for one or more types of renewable energy plants and should indicate the type
or types of energy from renewable sources that are suitable to be produced in such
renewables acceleration areas. Member States should designate such renewables
acceleration areas for at least one type of technology and should decide the size of such
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. In doing so,
Member States should 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
Directive (EU) 2018/2001.


PE-CONS 36/23 WST/JGC/di 23

(27) The multiple use of space for renewable energy production and other land, inland water
and sea uses, such as food production or nature protection or restoration, alleviates the
constraints on land, inland water and sea use. In that context, spatial planning is an
essential tool with which to identify and steer synergies for land, inland water and sea use
at an early stage. Member States should explore, enable and favour multiple uses of the
areas identified as a result of the spatial planning measures adopted. To that end, Member
States should facilitate changes in land and sea use where required, provided that the
different uses and activities are compatible with one another and can co-exist.


PE-CONS 36/23 WST/JGC/di 24

(28) Directive 2001/42/EC of the European Parliament and of the Council^1 establishes
environmental assessments as an important tool with which to integrate environmental
considerations into the preparation and adoption of plans and programmes. In order to
designate renewables acceleration areas, Member States should prepare one or more plans
that encompass the designation of renewables acceleration areas and the applicable rules
and mitigation measures for projects located in each of those areas. Member States should
be able to prepare a single plan for all renewables acceleration areas and renewable energy
technology, or technology-specific plans which designate one or more renewables
acceleration areas. Each plan should be subject to an environmental assessment pursuant to
Directive 2001/42/EC in order to assess the impact of each renewable energy technology
on the relevant areas designated in that plan. Carrying out an environmental assessment
pursuant to that Directive for that purpose would allow Member States to have a more
integrated and efficient approach to planning, to ensure public participation at an early
stage, and to take environmental considerations into account at an early phase of the
planning process at a strategic level. That would contribute to ramping up the deployment
of different renewable energy sources in a faster and more streamlined manner, while
minimising the adverse environmental effects from those projects. Those environmental
assessments should include transboundary consultations between Member States if the plan
is likely to have significant adverse effects on the environment in another Member State.

(^1) 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).


PE-CONS 36/23 WST/JGC/di 25

(29) Following the adoption of the plans designating renewables acceleration areas,
Member States should monitor any significant adverse environmental effects of the
implementation of plans and programmes in order, inter alia, to identify, at an early stage,
unforeseen adverse effects and to be able to undertake appropriate remedial action, in
accordance with Directive 2001/42/EC.

(30) To increase public acceptance of renewable energy projects, Member States should take
appropriate measures to promote the participation of local communities in renewable
energy projects. The provisions of the United Nations Economic Commission for Europe
Convention on access to information, public participation in decision-making and access to
justice in environmental matters^1 , signed in Aarhus on 25 June 1998, in particular the
provisions relating to public participation and to access to justice, remain applicable.

(31) In order to streamline the process of designation of renewables acceleration areas and
avoid duplication of environmental assessments of a single area, it should be possible for
Member States to declare areas which have already been designated as suitable for an
accelerated deployment of renewable energy technology under national law as renewables
acceleration areas. Such declarations should be subject to certain environmental conditions,
ensuring a high level of environmental protection. The possibility of designation of
renewables acceleration areas in existing planning should be limited in time, in order to
ensure that it does not jeopardise the standard process for designation of renewables
acceleration areas. Projects located in existing national designated areas in protected areas
which cannot be declared as renewables acceleration areas should continue to operate
under the same conditions under which they were established.

(^1) OJ L 124, 17.5.2005, p. 4.


PE-CONS 36/23 WST/JGC/di 26

(32) Renewables acceleration areas, together with existing renewable energy plants, future
renewable energy plants outside such areas and cooperation mechanisms, should aim to
ensure that renewable energy production will be sufficient to achieve Member States’
contribution to the overall Union renewable energy target set in Article 3(1) of Directive
(EU) 2018/2001. Member States should retain the possibility to grant permits for projects
outside such areas.

(33) In the renewables acceleration areas, renewable energy projects that comply with the rules
and measures identified in the plans prepared by Member States, should benefit from a
presumption of not having significant effects on the environment. Therefore, such projects
should be exempt from the obligation to carry out a specific environmental impact
assessment at project level within the meaning of Directive 2011/92/EU, with the
exception of projects where Member State has determined to require an environmental
impact assessment in its national mandatory list of projects and of 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. The obligations under the
Convention on environmental impact assessment in a transboundary context^1 , signed in
Espoo on 25 February 1991, should remain applicable to Member States where the project
is likely to cause a significant transboundary impact in a third country.

(34) The obligations set out in Directive 2000/60/EC of the European Parliament and of the
Council^2 remain applicable regarding hydropower plants, including where a Member State
decides to designate renewables acceleration areas related to hydropower, with a view to
ensuring that a potential adverse impact on the water body or water bodies concerned is
justified and that all relevant mitigation measures are implemented.

(^1) OJ L 104, 24.4.1992, p. 7.
(^2) 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).


PE-CONS 36/23 WST/JGC/di 27

(35) The designation of renewables acceleration areas should allow renewable energy plants
and co-located energy storage, as well as the connection of such plants and storage to the
grid, to benefit from predictability and streamlined administrative permit-granting
procedures. In particular, projects located in renewables acceleration areas should benefit
from accelerated administrative permit-granting procedures, including a tacit approval in
the case of a lack of reply by the competent authority on an intermediary administrative
step by the established deadline, unless the specific project is subject to an environmental
impact assessment or where the principle of administrative tacit approval does not exist in
the national law of the Member State concerned. Those projects should also benefit from
clear deadlines and legal certainty as regards the expected outcome of the permit-granting
procedure. Once an application for a project in a renewables acceleration area is submitted,
the Member State should carry out a fast screening process with the aim of identifying
whether the project is highly likely to give rise to significant unforeseen adverse effects in
view of the environmental sensitivity of the geographical area where it is located and
which were not identified during the environmental assessment of the plans designating
renewables acceleration areas carried out pursuant to Directive 2001/42/EC and whether
the project falls within the scope of Article 7 of Directive 2011/92/EU on the basis of the
likelihood of its having significant effects on the environment in another Member State or
on the basis of a request of a Member State which is likely to be significantly affected. For
the purpose of such a screening process, the competent authority should be able to request
the applicant to provide additional available information without requiring a new
assessment or data collection.


PE-CONS 36/23 WST/JGC/di 28

```
All projects located in renewables acceleration areas that comply with the rules and
measures identified in the plans prepared by Member States should be deemed to be
approved at the end of such a screening process. Provided that Member States have clear
evidence to consider that a specific project is highly likely to give rise to such significant
unforeseen adverse effects, Member States should, following such a screening process,
subject the project to an environmental impact assessment pursuant to
Directive 2011/92/EU and, where relevant, an assessment pursuant to Council
Directive 92/43/EEC^1. Member States should provide reasons for their decisions to subject
projects to such assessments before those assessments are carried out. Such assessments
should be carried out within six months of such decisions, with the possibility of extending
that deadline on the ground of extraordinary circumstances. It is appropriate to allow
Member States to introduce derogations from the obligation to carry out such assessments
for wind and solar photovoltaic projects in justified circumstances, because such projects
are expected to provide a vast majority of the renewable electricity by 2030. In such a case,
the project developer should adopt proportionate mitigation measures or, if not available,
compensatory measures, which, if other proportionate compensatory measures are not
available, may take the form of monetary compensation, in order to address those
significant unforeseen adverse effects identified during the screening process.
```
(^1) 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).


PE-CONS 36/23 WST/JGC/di 29

(36) In view of the need to accelerate the deployment of energy from renewable sources, the
designation of renewables acceleration areas should not prevent the ongoing and future
installation of renewable energy projects in all areas available for renewable energy
deployment. Such projects should remain subject to the obligation to carry out a dedicated
environmental impact assessment pursuant to Directive 2011/92/EU and should be subject
to the permit-granting procedures applicable to renewable energy projects located outside
renewables acceleration areas. To speed up permit-granting procedures on a scale
necessary for the achievement of the renewable energy target set out in Directive
(EU) 2018/2001, also the permit-granting procedures applicable to projects outside
renewables acceleration areas should be simplified and streamlined with the introduction
of clear maximum deadlines for all steps of the permit-granting procedure, including
dedicated environmental assessments per project.

(37) The construction and operation of renewable energy plants can result in the occasional
killing or disturbance of birds and other species protected under Directive 92/43/EEC or
under Directive 2009/147/EC of the European Parliament and of the Council^1. However,
such killing or disturbance of protected species should not be considered to be deliberate
within the meaning of those Directives if the project for the construction and operation of
those renewable energy plants provides for appropriate mitigation measures to avoid such
killing, to prevent disturbance, to assess the effectiveness of such measures through
appropriate monitoring and, in the light of the information gathered, to take further
measures as required to ensure that there are no significant adverse impact on the
population of the species concerned.

(^1) 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).


PE-CONS 36/23 WST/JGC/di 30

(38) In addition to installing new renewable energy plants, repowering of existing renewable
energy power plants has significant potential to contribute to the achievement of the
renewable energy targets. Since the existing renewable energy power plants have, for the
most part, been installed in sites with significant renewable energy source potential,
repowering can ensure the continued use of those sites while reducing the need to
designate new sites for renewable energy projects. Repowering includes further benefits
such as the existing grid connection, a likely higher degree of public acceptance and
knowledge of the environmental impact.

(39) Directive (EU) 2018/2001 introduces streamlined permit-granting procedures for
repowering. In order to respond to the increasing need for the repowering of existing
renewable energy power plants and to make full use of the advantages it offers, it is
appropriate to establish an even shorter permit-granting procedure for the repowering of
renewable energy power plants located in renewables acceleration areas, including a
shorter screening process. For the repowering of existing renewable energy power plants
located outside renewables acceleration areas, Member States should ensure a simplified
and swift permit-granting procedure not exceeding one year, while taking into account the
‘do no harm’ principle of the European Green Deal.


PE-CONS 36/23 WST/JGC/di 31

(40) In order to further promote and accelerate the repowering of existing renewable energy
power plants, a simplified permit-granting procedure for grid connections should be
established where the repowering results in a limited increase in total capacity compared to
the original project. The repowering of renewable energy projects entails changes to or the
extension of existing projects to different degrees. The permit-granting procedure,
including environmental assessments and screening, for the repowering of renewable
energy projects should be limited to the potential impact resulting from the change or
extension compared to the original project.

(41) When repowering a solar installation, increases in efficiency and capacity can be achieved
without increasing the space occupied. The repowered installation thus does not have a
different impact on the environment than the original installation, provided that the space
used is not increased in the process, and the originally required environmental mitigation
measures continue to be complied with.


PE-CONS 36/23 WST/JGC/di 32

(42) The installation of solar energy equipment and related co-located energy storage, as well as
the the connection of such equipment and storage to the grid, in existing or future artificial
structures created for purposes other than solar energy production or energy storage with
the exclusion of artificial water surfaces, such as rooftops, parking areas, roads and
railways, do not typically raise concerns related to competing uses of space or
environmental impact. It should therefore be possible for those installations to benefit from
shorter permit-granting procedures and be exempt from the obligation to carry out an
environmental impact assessment pursuant to Directive 2011/92/EU, while allowing
Member States to take into account specific circumstances relating to the protection of
cultural or historical heritage, national defence interests, or safety reasons.
Self-consumption installations, including those for collective self-consumers, such as local
energy communities, also contribute to reducing overall demand for natural gas, to
increasing resilience of the system and to achieving the Union’s renewable energy targets.
The installation of solar energy equipment with a capacity below 100 kW, including
installations of renewables self-consumers, is not likely to have significant adverse effects
on the environment or the grid and does not raise safety concerns. In addition, small
installations do not generally require capacity expansion at the grid connection point.
In view of the immediate positive effects of such installations for consumers and the
limited environmental impact they may give rise to, it is appropriate to further streamline
the permit-granting procedure applicable to them, provided that they do not exceed the
existing capacity of the connection to the distribution grid, by introducing the concept of
administrative positive silence in the relevant permit-granting procedures in order to
promote and accelerate the deployment of those installations and to be able to reap their
benefits in the short term. Member States should be allowed to apply a threshold lower
than 100 kW on the basis of their internal constraints, provided that the threshold remains
higher than 10,8 kW.


PE-CONS 36/23 WST/JGC/di 33

(43) Heat pump technology is key to producing renewable heating and cooling from ambient
energy, including from wastewater treatment plants and geothermal energy. Heat pumps
also allow the use of waste heat and cold. The rapid deployment of heat pumps which
mobilises underused renewable energy sources such as ambient energy or geothermal
energy, as well as waste heat from industrial and tertiary sectors, including data centres,
makes it possible to replace natural gas and other fossil fuel-based boilers with a renewable
heating solution, while increasing energy efficiency. That will accelerate a reduction in the
use of gas for the supply of heating, in buildings as well as in industry. In order to
accelerate the installation and use of heat pumps, it is appropriate to introduce targeted
shorter permit-granting procedures for such installations, including a simplified permit-
granting procedure for the connection of smaller heat pumps to the electricity grid where
there are no safety concerns, no further works are needed for grid connections and there is
no technical incompatibility of the system components, unless no such permit-granting
procedure is required by national law. Thanks to a quicker and easier installation of heat
pumps, the increased use of renewable energy in the heating sector, which accounts for
almost half of the Union’s energy consumption, is intended to contribute to security of
supply and help tackle a more difficult market situation.


PE-CONS 36/23 WST/JGC/di 34

(44) For the purposes of the relevant Union environmental law, in the necessary case-by-case
assessments to ascertain whether a renewable energy plant, the connection of that plant to
the grid, the related grid itself or storage assets are of overriding public interest in a
particular case, Member States should presume those renewable energy plants and their
related infrastructure to be of overriding public interest and serving public health and
safety, except where there is clear evidence that those projects have significant adverse
effects on the environment which cannot be mitigated or compensated for, or where
Member States decide to restrict the application of that presumption in duly justified and
specific circumstances, such as reasons related to national defence. Considering such
renewable energy plants to be of overriding public interest and serving public health and
safety would allow such projects to benefit from a simplified assessment.

(45) In order to ensure a smooth and effective implementation of the provisions laid down in
this Directive, the Commission supports Member States by means of the Technical Support
Instrument established by Regulation (EU) 2021/240 of the European Parliament and of
the Council^1 , which provides tailor-made technical expertise to design and implement
reforms, including those increasing the use of energy from renewable sources, fostering
better energy system integration, identifying specific areas particularly suitable for the
installation of renewable energy plants, and streamlining the framework for authorisation
and permit-granting procedures for renewable energy plants. The technical support, for
example, involves strengthening of administrative capacity, harmonising the legislative
frameworks, and the sharing of relevant best practices such as enabling and favouring
multiple uses.

(^1) Regulation (EU) 2021/240 of the European Parliament and of the Council of
10 February 2021 establishing a Technical Support Instrument (OJ L 57, 18.2.2021, p. 1).


PE-CONS 36/23 WST/JGC/di 35

(46) Energy infrastructure needs to be in place to support the significant scaling up of
renewable energy generation. Member States should be able to designate dedicated
infrastructure areas where the deployment of grid or storage projects that are necessary to
integrate renewable energy into the electricity system is not expected to have a significant
environmental impact, such an impact can be duly mitigated or, where not possible,
compensated for. Infrastructure projects in such areas may benefit from more streamlined
environmental assessments. If Member States decide not to designate such areas, the
assessments and rules applicable under Union environmental law remain applicable. In
order to designate infrastructure areas, Member States should prepare one or more plans,
including by means of national legislation, encompassing the identification of the areas and
the applicable rules and mitigation measures for projects located in each infrastructure
area. The plans should clearly indicate the scope of the dedicated area and the type of
infrastructure projects covered. Each plan should be subject to an environmental
assessment pursuant to Directive 2001/42/EC in order to assess the impact of each type of
project on the relevant designated areas. Grids projects in such dedicated infrastructure
areas should avoid to the extent possible Natura 2000 sites and areas designated under
national protection schemes for nature and biodiversity conservation, unless, due to the
specificities of grid projects, there are no proportionate alternatives for the deployment of
such projects. When assessing proportionality, Member States should take into account the
need to ensure the economic viability, the feasibility and the effective and accelerated
implementation of the project with a view to ensuring that the additional generation
capacity of renewable energy deployed can be promptly integrated into the energy system,
or whether infrastructure projects of various types already exist in the specific Natura 2000
site or protected area, which would allow to bundle different infrastructure projects in a
site resulting in lower environmental impact.


PE-CONS 36/23 WST/JGC/di 36

```
Dedicated plans for storage projects should always exclude Natura 2000 sites since there
are less constraints on where to place them. In such areas, Member States should, under
justified circumstances including where needed to accelerate the grid expansion to support
the deployment of renewable energy to achieve the climate and renewable energy targets,
be able to introduce exemptions from certain assessment obligations provided for in Union
environmental law under certain conditions. If Member States decide to make use of such
exemptions, the specific projects should be subject to a streamlined screening process
similar to the screening process provided for renewables acceleration areas, which should
be based on existing data. Requests of the competent authority to provide additional
available information should not require a new assessment or data collection. If such a
screening process identifies projects that are highly likely to give rise to significant
unforeseen adverse effects, the competent authority should ensure that appropriate and
proportionate mitigation measures, or if not available, compensatory measures, are applied.
In the case of compensatory measures, the project development can be pursued while
compensatory measures are being identified.
```

PE-CONS 36/23 WST/JGC/di 37

(47) Insufficient numbers of skilled workers, in particular installers and designers of renewable
heating and cooling systems, slows down the replacement of fossil fuel heating systems by
renewable energy based systems and is a significant barrier to integrating renewable
energy in buildings, industry and agriculture. Member States should cooperate with social
partners and renewable energy communities to anticipate the skills that will be needed.
A sufficient number of high-quality and effective upskilling and reskilling strategies and
training programmes and certification possibilities that ensure proper installation and
reliable operation of a wide range of renewable heating and cooling systems and storage
technology, as well as electric vehicles recharging points, should be made available and
designed in a way to attract participation in such training programmes and certification
systems. Member States should consider what actions should be taken to attract groups
currently under-represented in the occupational areas in question. A list of trained and
certified installers should be made publicly available to ensure consumer trust and easy
access to tailored installer and designer skills guaranteeing proper installation and
operation of renewable heating and cooling.


PE-CONS 36/23 WST/JGC/di 38

(48) Guarantees of origin are a key tool for consumer information as well as for the further
uptake of renewable energy purchase agreements. It should therefore be ensured that the
issue, trade, transfer and use of guarantees of origin can be carried out in a uniform system
with appropriately standardised certificates that are mutually recognised throughout the
Union. Furthermore, to provide access to appropriate supporting evidence for persons
concluding renewable energy purchase agreements, it should be ensured that any
associated guarantees of origin can be transferred to the buyer. In the context of a more
flexible energy system and growing consumer demand there is a call for a more innovative,
digital, technologically advanced and reliable tool to support and document the increasing
production of renewable energy. To facilitate digital innovation in that field,
Member States should, where appropriate, enable issuing guarantees of origin in fractions
and with a closer to real time timestamp. In view of the need to improve consumer
empowerment and contribute to a higher share of renewable energy in the gas supply,
Member States should require network gas suppliers who disclose their energy mix to final
consumers, to use guarantees of origin.

(49) Infrastructure development for district heating and cooling networks should be stepped up
and steered towards harnessing a wider range of renewable heat and cold sources in an
efficient and flexible way in order to increase the deployment of renewable energy and
deepen energy system integration. It is therefore appropriate to update the list of renewable
energy sources that district heating and cooling networks should increasingly
accommodate and to require the integration of thermal energy storage as a source of
flexibility, greater energy efficiency and more cost-effective operation.


PE-CONS 36/23 WST/JGC/di 39

(50) With more than 30 million electric vehicles expected in the Union by 2030 it is necessary
to ensure that they can fully contribute to the system integration of renewable electricity,
and thus allow reaching higher shares of renewable electricity in a cost-optimal manner.
The potential of electric vehicles to absorb renewable electricity at times when it is
abundant and feed it back into a grid when there is scarcity, contributing to the system
integration of variable renewable electricity while ensuring a secure and reliable supply of
electricity, has to be fully utilised. It is therefore appropriate to introduce specific measures
on electric vehicles and information about renewable energy and about how and when to
access it which complement those in Regulations (EU) .../...^1 **+** and (EU) .../...^2 **++** of the
European Parliament and of the Council.

(^1) Regulation (EU) .../... of the European Parliament and of the Council of ... on the
**+** deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU (OJ ...).^
OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 25/23 (2021/0223(COD)) and insert the number, date, title and OJ reference of
**2** that Regulation in the footnote.^
Regulation (EU) .../... of the European Parliament and of the Council of ... concerning
batteries and waste batteries, amending Directive 2008/98/EC and Regulation
**++** (EU)^ 2019/1020 and repealing Directive 2006/66/EC (OJ L ...).^
OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 2/23 (2020/0353(COD)) and insert the number, date, title and OJ reference of
that Regulation in the footnote.


PE-CONS 36/23 WST/JGC/di 40

(51) Regulation (EU) 2019/943 of the European Parliament and of the Council^1 and Directive
(EU) 2019/944 of the European Parliament and of the Council^2 require Member States to
allow and foster the participation of demand response through aggregation, as well as to
provide for dynamic electricity price contracts to final customers where applicable.
In order to allow demand response more easily to provide further incentives for the
absorption of green electricity, it needs to be based not only on dynamic prices but also on
signals about the actual penetration of green electricity in the system. It is therefore
necessary to improve the signals that consumers and market participants receive regarding
the share of renewable electricity and the intensity of greenhouse gas emissions of the
electricity supplied, through the dissemination of dedicated information. Consumption
patterns can then be adjusted on the basis of renewable energy penetration and the presence
of zero carbon electricity, in conjunction with an adjustment made on the basis of price
signals. That serves the objective of further supporting the deployment of innovative
business models and digital solutions, which have the capacity to link consumption to the
level of renewable energy in the electricity grid and thus provide incentives for the right
network investments to underpin the clean energy transition.

(^1) Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on
**2** the internal market for electricity (OJ^ L^ 158, 14.6.2019, p.^ 54).^
Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on
common rules for the internal market for electricity and amending Directive 2012/27/EU
(OJ L 158, 14.6.2019, p. 125).


PE-CONS 36/23 WST/JGC/di 41

(52) In order for flexibility and balancing services from the aggregation of distributed storage
assets to be developed in a competitive manner, real-time access to basic battery
information such as state of health, state of charge, capacity and power set point should be
provided under non-discriminatory terms, in accordance with the relevant data protection
rules and free of charge to the owners or users of the batteries and the entities acting on
their behalf, such as building energy system managers, mobility service providers and
other electricity market participants. It is therefore appropriate to introduce measures that
address the need of access to such data for facilitating the integration-related operations of
domestic batteries and electric vehicles, that complement the provisions on access to
battery data related to facilitating the repurposing of batteries laid down in Regulation
(EU) .../... **+**. The provisions on access to the battery data of electric vehicles should apply in
addition to any provisions laid down in Union law on the type approval of vehicles.

(53) The increasing number of electric vehicles in road, rail, maritime and other transport
modes will require that recharging operations are optimised and managed in a way that
does not cause congestion and takes full advantage of the availability of renewable
electricity and low electricity prices in the system. Where smart and bi-directional
recharging would assist further penetration of renewable electricity by electric vehicle
fleets in the transport sector and in the electricity system in general, such functionality
should also be made available. In view of the long life span of recharging points,
requirements for recharging infrastructure should be kept updated in a way that would
cater for future needs and would not result in negative lock-in effects to the development
of technology and services.

**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 2/23 (2020/0353(COD)).


PE-CONS 36/23 WST/JGC/di 42

(54) Recharging points where electric vehicles typically park for extended periods of time, such
as where people park for reasons of residence or employment, are highly relevant to energy
system integration. Smart and, where appropriate, bi-directional recharging functionalities
therefore need to be ensured. In that regard, the operation of non-publicly accessible
normal recharging infrastructure is particularly important for the integration of electric
vehicles in the electricity system as it is located where electric vehicles are parked
repeatedly for long periods of time, such as in buildings with restricted access, employee
parking or parking facilities rented out to natural or legal persons.

(55) Demand response is pivotal to enabling the smart recharging of electric vehicles and
thereby enabling the efficient integration of electric vehicles into the electricity grid, which
will be crucial for the process of decarbonising transport and for the purposes of
facilitating energy system integration. In addition, Member States should encourage, where
relevant, initiatives promoting demand response through interoperability and data
exchange for heating and cooling systems, thermal energy storage units and other relevant
energy related devices.


PE-CONS 36/23 WST/JGC/di 43

(56) Electric vehicle users entering into contractual agreements with electromobility service
providers and electricity market participants should have the right to receive information
and explanations on how the terms of the agreement will affect the use of their vehicle and
the state of health of its battery. Electromobility service providers and electricity market
participants should explain clearly to electric vehicle users how they will be remunerated
for the flexibility, balancing and storage services provided to the electricity system and
market by the use of their electric vehicle. Electric vehicle users also need to have their
consumer rights secured when entering into such agreements, in particular regarding the
protection of their personal data such as location and driving habits, in connection to the
use of their vehicle. Electric vehicle users’ preference regarding the type of electricity
purchased for use in their electric vehicle, as well as other preferences, can also be part of
such agreements. For those reasons, it is important to ensure that the recharging
infrastructure deployed is used as effectively as possible. In order to improve consumer
confidence in e-mobility, it is essential that electric vehicle users can use their subscription
at multiple recharging points. That will also allow the electric vehicle user’s service
provider of choice to optimally integrate the electric vehicle in the electricity system,
through predictable planning and incentives on the basis of electric vehicle user
preferences That is also in line with the principles of a consumer-centric and prosumer-
based energy system, and the right of supplier choice of electric vehicle users as final
customers as per the provisions of Directive (EU) 2019/944.


PE-CONS 36/23 WST/JGC/di 44

(57) 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 devices and 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 and
other devices for example, heat pumps, solar panels and thermal storage, to offer flexibility
and balancing services to the system and to contribute to the further penetration of
renewable electricity, in comparison with larger, stationary storage assets. In addition to
the general provisions preventing market discrimination laid down in Regulation
(EU) 2019/943 and Directive (EU) 2019/944, specific requirements should be introduced
to address holistically the participation of those assets and to remove any remaining
barriers and obstacles to unleash the potential of such assets to help the decarbonisation of
the electricity system and empower the consumers to actively participate in the
energy transition.

(58) As a general principle, Member States should ensure a level playing field for small
decentralised electricity generation and storage systems, including through batteries and
electric vehicles, so they are able to participate in the electricity markets, including
congestion management and the provision of flexibility and balancing services in a non-
discriminatory manner as compared to other electricity generation and storage systems, and
without disproportionate administrative or regulatory burden. Member States should
encourage self-consumers and renewable energy communities to actively participate in
those electricity markets by providing flexibility services through demand response and
storage including through batteries and electric vehicles.


PE-CONS 36/23 WST/JGC/di 45

(59) Industry accounts for 25 % of the Union’s energy consumption, and is a major consumer of
heating and cooling, which is currently supplied 91 % by fossil fuels. However, 50 % of
demand for heating and cooling is low-temperature (<200 °C) for which there are cost-
effective renewable energy options, including through electrification and direct use of
renewable energy. In addition, industry uses non-renewable sources as raw materials to
produce products such as steel or chemicals. Industrial investment decisions today will
determine the future industrial processes and energy options that can be considered by
industry, so it is important that those investments decisions are future-proof and avoid the
creation of stranded assets. Therefore, benchmarks should be put in place to provide
industry with incentives to switch to production processes based on renewable energy,
which are not only fuelled by renewable energy, but also use renewable-based raw
materials such as renewable hydrogen. Member States should promote the electrification of
industrial processes where possible, for instance for low temperature industrial heat.
Moreover, Member States should promote the use of a common methodology for products
that are labelled as having been produced partially or fully using renewable energy or using
renewable fuels of non-biological origin as feedstock, taking into account existing Union
product labelling methodologies and sustainable product initiatives. That would avoid
deceptive practices and increase consumer trust. Furthermore, given consumer preference
for products that contribute to environmental and climate change objectives, it would
stimulate market demand for those products.

(60) To reduce the Union’s dependence on fossil fuels and fossil fuel imports, a Union strategy
for imported and domestic hydrogen should be developed by the Commission on the basis
of data reported by Member States.


PE-CONS 36/23 WST/JGC/di 46

(61) 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 the steel industry or
the chemical industry. 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 industrial processes which are difficult to electrify 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
those industrial sectors that are difficult to electrify 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. The consumption
of hydrogen in industrial processes whereby the hydrogen is produced as or derived from a
by-product which is difficult to replace with renewable fuels of non-biological origin
should be excluded from that target. Hydrogen consumed to produce transport fuel is
covered under the transport targets for renewable fuels of non-biological origin.


PE-CONS 36/23 WST/JGC/di 47

(62) The Union’s hydrogen strategy, set out in the Commission communication of 8 July 2020,
entitled ‘A hydrogen strategy for a climate-neutral Europe’, recognises the role of existing
hydrogen production plants retrofitted to reduce their greenhouse gas emissions in
achieving the increased 2030 climate ambition. In light of that strategy, and within the
framework of the call for projects organised under the Union’s Innovation Fund
established by Article 10a(8) of Directive 2003/87/EC of the European Parliament and of
the Council^1 , early movers have taken investment decisions with a view to retrofitting pre-
existing hydrogen production facilities based on steam methane reforming technology with
the aim of decarbonising hydrogen production. For the purpose of calculating the
denominator in the contribution of renewable fuels of non-biological origin used for final
energy and non-energy purposes in industry, hydrogen produced in retrofitted production
facilities based on steam methane reforming technology for which a Commission decision
with a view to the award of a grant under the Innovation Fund has been published before
the entry into force of this Directive and that achieve an average greenhouse gas reduction
of 70 % on an annual basis, should not be taken into account.

(^1) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003
establishing a system for greenhouse gas emission allowance trading within the Union and
amending Council Directive 96/61/EC (OJ L 275 25.10.2003, p. 32).


PE-CONS 36/23 WST/JGC/di 48

(63) Moreover, it should be acknowledged that the replacement of hydrogen produced from the
steam methane reforming process might pose specific challenges for certain existing
integrated ammonia production facilities. It would necessitate the rebuilding of such
production facilities, which would require a substantial effort by Member States depending
on their specific national circumstances and the structure of their energy supply.

(64) In order to achieve the objective of the Union to become climate neutral by 2050 and to
decarbonise Union’s industry, Member States should be able to combine the use of non-
fossil energy sources and renewable fuels of non-biological origin in the context of their
specific national circumstances and energy mix. In that context, Member States should be
able to reduce the target for the use of renewable fuels of non-biological origin in the
industry sector, provided that they consume a limited share of hydrogen or its derivatives
produced from fossil fuels and that they are on track towards their expected national
contribution in accordance with the formula of Annex II to Regulation (EU) 2018/1999.


PE-CONS 36/23 WST/JGC/di 49

(65) Increasing ambition in the heating and cooling sector is key to delivering the overall
renewable energy target given that heating and cooling constitutes around half of the
Union’s energy consumption, covering a wide range of end uses and technology in
buildings, industry and district heating and cooling. To accelerate the increase of
renewable energy in the heating and cooling sector, a minimum annual percentage point
increase at Member State level should be made binding on all Member States. The
minimum annual average binding increase of 0,8 percentage points between 2021
and 2025, and of 1,1 percentage points between 2026 and 2030 in heating and cooling
applicable to all Member States should be complemented with additional indicative
increases or top-up rates calculated specifically for each Member State in order to reach an
average increase of 1,8 percentage points at Union level. Those Member State-specific
additional indicative increases or top-ups aim to redistribute the additional effort needed to
achieve the desired level of renewable energy in 2030 among Member States on the basis
of gross domestic product and cost-effectiveness and to guide Member States as regards
what could be a sufficient level of renewable energy to deploy in that sector. Member
States should carry out, in accordance with the energy efficiency first principle, an
assessment of their potential energy from renewable sources in the heating and cooling
sector and of the potential use of waste heat and cold. Member States should implement
two or more measures from the list of measures to facilitate increasing the share of
renewable energy in heating and cooling. When adopting and implementing those
measures, Member States should ensure that those measures are accessible to all
consumers, in particular those living in low-income or vulnerable households.


PE-CONS 36/23 WST/JGC/di 50

(66) To ensure that the increased importance of district heating and cooling is accompanied by
better information for consumers, it is appropriate to clarify and strengthen transparency as
regards the share of renewable energy and the energy efficiency of district heating and
cooling systems.

(67) Modern renewable-based efficient district heating and cooling systems have demonstrated
their potential to provide cost-effective solutions for integrating renewable energy,
increased energy efficiency and energy system integration, while facilitating the overall
decarbonisation of the heating and cooling sector. To ensure that that potential is
harnessed, the annual increase of renewable energy or waste heat and cold in district
heating and cooling should be raised from 1 percentage point to 2,2 percentage points
without changing the indicative nature of that increase, reflecting the uneven development
of that type of network across the Union.

(68) To reflect the increased importance of district heating and cooling and the need to steer the
development of those networks towards the integration of more renewable energy, it is
appropriate to encourage operators of district heating or cooling systems to connect third
party suppliers of renewable energy and waste heat and cold with district heating or
cooling networks systems above 25 MW.


PE-CONS 36/23 WST/JGC/di 51

(69) Heating and cooling systems, in particular district heating and cooling systems,
increasingly contribute to the balancing of the electricity grid by providing additional
demand for variable renewable electricity, such as wind and solar, when such renewable
electricity is abundant, cheap and would be otherwise curtailed. Such balancing can be
achieved by means of the use of highly efficient electrically driven heat and cold
generators, such as heat pumps, especially when those heat and cold generators are coupled
with large thermal storage, in particular in district heating and cooling or in individual
heating, where the economies of scale and system level efficiencies of district heating and
cooling are not available. The benefits of heat pumps are twofold, first, to significantly
increase energy efficiency, saving considerable energy and costs for consumers, and
second, to integrate renewable energy through allowing a greater use of geothermal and
ambient energy. In order to provide further incentives for the use of renewable electricity
for heating and cooling and heat storage, with the deployment of heat pumps in particular,
it is appropriate to allow Member States to count renewable electricity driving those heat
and cold generators, including heat pumps towards the binding and indicative renewable
energy annual increase in the heating and cooling and district heating and cooling.


PE-CONS 36/23 WST/JGC/di 52

(70) Despite being widely available, waste heat and cold is underused, leading to a waste of
resources, lower energy efficiency in national energy systems and higher than necessary
energy consumption in the Union. Provided it is supplied from efficient district heating and
cooling, it is appropriate to allow waste heat and cold to count towards partial fulfilment of
the targets for renewable energy in buildings, industry, heating and cooling and towards
complete fulfilment of the targets for district heating and cooling. That would allow
synergies between renewable energy and waste heat and cold in district heating and
cooling networks to be harnessed by increasing the economic rationale for investing in the
modernisation and development of those networks. Specifically including waste heat in the
industrial renewable energy benchmark should be acceptable only as regards waste heat or
cold delivered via a district heating and cooling operator from another industrial site or
another building, thus ensuring that such operators have heat or cold supply as their main
activity and that the waste heat counted is clearly differentiated from internal waste heat
recovered within the same or related enterprise or buildings.

(71) To ensure district heating and cooling participate fully in energy sector integration, it is
necessary to extend the cooperation with electricity distribution system operators to
electricity transmission system operators and to widen the scope of cooperation to grid
investment planning and markets in order to better utilise the potential of district heating
and cooling for providing flexibility services in electricity markets. Further cooperation
with gas network operators, including hydrogen and other energy networks, should also be
made possible to ensure a wider integration across energy carriers and their most cost-
effective use. Furthermore, requirements for closer coordination between district heating
and cooling operators, industrial and tertiary sectors, and local authorities could facilitate
the dialogue and cooperation necessary to harness cost-effective waste heat and cold
potentials via district heating and cooling systems.


PE-CONS 36/23 WST/JGC/di 53

(72) The use of renewable fuels and renewable electricity in the transport sector can contribute
to the decarbonisation of the Union transport sector in a cost-effective manner, and
improve, amongst other matters, energy diversification in that sector while promoting
innovation, economic growth and jobs in the Union and while reducing reliance on energy
imports. With a view to achieving the increased target for greenhouse gas emissions
savings set by Regulation (EU) 2021/1119, the level of renewable energy supplied to all
transport modes in the Union should be increased. Allowing the Member States to choose
between a transport target expressed as a greenhouse gas intensity reduction target or as a
share of the consumption of renewable energy provides the Member States with an
appropriate degree of flexibility to design their policies to decarbonise transport.
Furthermore, introducing a combined energy-based target for advanced biofuels and biogas
and renewable fuels of non-biological origin, including a minimum share 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 such as
maritime transport and aviation. To kick start the fuel shift in maritime transport, Member
States with maritime ports should endeavour to ensure that from 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 %. The achievement of those targets should be
ensured by obligations on fuel suppliers as well as by other measures laid down in
Regulations (EU) .../...^1 **+** and (EU) .../...^2 **++** of the European Parliament and of the Council.
Dedicated obligations on aviation fuel suppliers should be imposed only pursuant to
Regulation (EU) .../... **+++**.

(^1) Regulation (EU) .../... of the European Parliament and of the Council of ... on the use of
renewable and low-carbon fuels in maritime transport, and amending Directive 2009/16/EC
**+** (OJ ...).^
OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 26/23 (2021/0210(COD)) and insert the number, date and OJ reference of that
**2** Regulation in the footnote.^
Regulation (EU) .../... of the European Parliament and of the Council of ... on ensuring a
**++** level playing field for sustainable air transport (ReFuelEU Aviation) (OJ L ...).^
OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 29/23 (2021/0205(COD)) and insert the number, date and OJ reference of that
**+++** Regulation in the footnote.^
OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 29/23 (2021/0205(COD)).


PE-CONS 36/23 WST/JGC/di 54

(73) In order to encourage the uptake of the supply of renewable fuels to the
hard-to-decarbonise sector of international marine bunkering, for the calculation of the
transport targets, renewable fuels supplied to international marine bunkers should be
included in the final consumption of energy from renewable sources in the transport sector
and, accordingly, fuels supplied to international marine bunkers should be included in the
final consumption of energy sources in the transport sector. However, maritime transport
represents a large share of the gross final consumption of energy for some Member States.
In view of the current technological and regulatory constraints that prevent the commercial
use of biofuels in the maritime transport sector, it is appropriate, by way of derogation
from the requirement to include all energy supplied to the maritime transport sector, for the
purpose of calculating specific transport targets, to allow Member States to cap the energy
supplied to the maritime transport sector at 13 % of the gross final consumption of energy
in a Member State. For insular Member States, where the gross final consumption of
energy in the maritime transport sector is disproportionally high, namely more than a third
of that of the road and rail sectors, the cap should be 5 %. However, for the calculation of
the overall renewable energy target, considering the specific characteristics of international
marine bunkers, regarding fuels supplied to them, they should be included in the gross final
consumption of energy of a Member State only if they are renewable.


PE-CONS 36/23 WST/JGC/di 55

(74) Electromobility will play an essential role in decarbonising the transport sector. To foster
the further development of electromobility, Member States should establish a credit
mechanism enabling operators of recharging points accessible to the public to contribute,
by supplying renewable electricity, towards the fulfilment of the obligation set up by
Member States on fuel suppliers. Member States should be able to include private
recharging points in that credit mechanism, if it can be demonstrated that the renewable
electricity supplied to those private recharging points is provided solely to electric
vehicles. While supporting electricity in the transport sector through such credit
mechanisms, it is important that Member States continue to set a high level of ambition for
the decarbonisation of their liquid fuel mix, particularly in hard-to-decarbonise transport
sectors, such as maritime transport and aviation, where direct electrification is much
more difficult.

(75) Renewable fuels of non-biological origin, including renewable hydrogen, can be used as
feedstock or as a source of energy in industrial and chemical processes and in maritime
transport and aviation, decarbonising sectors in which direct electrification is not
technologically possible or competitive. They can also be used for energy storage to
balance, where necessary, the energy system, thereby playing a significant role in energy
system integration.


PE-CONS 36/23 WST/JGC/di 56

(76) The Union’s renewable energy policy aims to contribute to achieving the Union’s climate
change mitigation objectives in terms of the reduction of greenhouse gas emissions. In the
pursuit of that goal, it is essential to also contribute to wider environmental objectives and
in particular the prevention of biodiversity loss, on which the indirect land use change
associated with the production of certain biofuels, bioliquids and biomass fuels has a
negative impact. Contributing to those climate and environmental objectives constitutes a
deep and longstanding intergenerational concern for Union citizens and the Union
legislators. The Union should thus promote those fuels in quantities which balance the
necessary ambition with the need to avoid contributing to direct and indirect land-use
change. The way the transport target is calculated should not affect the limits established
on how certain fuels produced from food and feed crops on the one hand and high indirect
land-use change-risk fuels on the other hand count towards that target. In addition, in order
not to create an incentive to use biofuels and biogas produced from food and feed crops in
transport and considering the impact of the war against Ukraine on food and feed supply,
Member States should continue to be able to choose whether to count biofuels and biogas
produced from food and feed crops towards the transport target. If they do not count them,
Member States should be able to choose to reduce the energy-based target or to reduce the
greenhouse gas intensity reduction target accordingly, assuming that biofuels produced
from food and feed crops save 50 % greenhouse gas emissions, which corresponds to the
typical values set out in an annex to this Directive for the greenhouse gas emissions
savings of the most relevant production pathways of biofuels produced from food and feed
crops as well as the minimum greenhouse gas emissions savings threshold that applies to
most installations producing such biofuels.


PE-CONS 36/23 WST/JGC/di 57

(77) In order to ensure that the use of biofuels, bioliquids and biomass fuels saves an increasing
amount of greenhouse gas emissions and to address potential indirect effects of the
promotion of such fuels, such as deforestation, the Commission should review the level of
the maximum share of the average annual expansion of the global production area in high
carbon stocks based on objective and scientific criteria, taking into consideration the
Union’s climate targets and commitments, and should, where necessary, propose a new
threshold on the basis of the results of its review. Further, the Commission should assess
the possibility of designing an accelerated trajectory to phase out the contribution of such
fuels to renewable energy targets in order to maximise the amount of greenhouse gas
emissions savings.

(78) Setting the transport target as a greenhouse gas intensity reduction target makes it
necessary to provide for a methodology that takes into consideration that different types of
energy from renewable sources save different amounts of greenhouse gas emissions and,
therefore, contribute differently to a given target. Renewable electricity should be
considered to have zero greenhouse gas emissions, meaning it saves 100 % of greenhouse
gas emissions compared to electricity produced from fossil fuels. That will create an
incentive for the use of renewable electricity since renewable fuels and recycled carbon
fuels are unlikely to achieve such a high percentage of greenhouse gas emissions savings.
Electrification relying on renewable energy sources would therefore become the most
efficient way to decarbonise road transport. In addition, in order to promote the use of
renewable fuels of non-biological origin in the aviation and maritime transport modes,
which are difficult to electrify, it is appropriate to introduce a multiplier for fuels supplied
in those modes of transport when counting them towards the specific targets set for
those fuels.


PE-CONS 36/23 WST/JGC/di 58

(79) The direct electrification of end-use sectors, including the transport sector, contributes to
system 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 which applies specifically to renewable electricity
supplied to electric vehicles in the transport sector is therefore not required. Furthermore,
solar-electric vehicles can make a crucial contribution to the decarbonisation of the
Union’s transport sector.

(80) 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 in which they are consumed.


PE-CONS 36/23 WST/JGC/di 59

(81) Renewable fuels of non-biological origin are important to increasing the share of
renewable energy in sectors that are expected to rely on gaseous and liquid fuels in the
long-term, including for industrial applications and in heavy-duty transport. By 1 July
2028, the Commission should assess the impact of the methodology defining when
electricity used for producing renewable fuels of non-biological origin can be considered to
be fully renewable, including the impact of additionality and temporal and geographical
correlation on production costs, greenhouse gas emissions savings, and the energy system
and should submit a report to the European Parliament and the Council. The report should
assess in a particular the impact of that methodology 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 while
minimising the increase in greenhouse gas emissions in the electricity sector and the
overall energy system. If that report concludes that the methodology falls short of ensuring
sufficient availability and affordability and does not substantially contribute to greenhouse
gas emissions savings, energy system integration and the achievement of the Union targets
for 2030 for renewable fuels of non-biological origin, the Commission should review the
Union methodology and, where appropriate, adopt a delegated act to amend the
methodology to provide the necessary adjustments to the criteria in order to facilitate the
ramping-up of the hydrogen industry.


PE-CONS 36/23 WST/JGC/di 60

(82) To ensure higher environmental effectiveness of the Union sustainability and greenhouse
gas emissions saving criteria for solid biomass fuels in installations producing heating,
electricity and cooling, the minimum threshold for the applicability of such criteria should
be lowered from the current 20 MW to 7,5 MW.

(83) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas
emissions 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.
In line with the objectives to preserve biodiversity and prevent habitat destruction pursuant
to Directive 92/43/EEC, Directive 2000/60/EC, Directive 2008/56/EC of the
European Parliament and of the Council^1 and Directive 2009/147/EC, it is necessary to
achieve the enhanced protection of especially biodiverse and carbon-rich habitats, such as
primary and old-growth forests, highly biodiverse forests, grasslands, peat lands and
heathlands. Therefore, exclusions and limitations to the sourcing of forest biomass from
those areas should be introduced, in line with the approach for biofuels, bioliquids and
biomass fuels produced from agricultural biomass, except where the risk-based approach
provides for the necessary exclusions and limitations and operators provide the necessary
assurances. In addition, subject to appropriate transition periods for investment security
purposes, the greenhouse gas emissions saving criteria should also gradually 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.

(^1) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008
establishing a framework for community action in the field of marine environmental policy
(Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).


PE-CONS 36/23 WST/JGC/di 61

(84) The sustainability criteria concerning forest biomass harvesting should be further specified,
in line with the principles of sustainable forest management. Those specifications should
aim to strengthen and clarify the risk-based approach for forest biomass, while providing
Member States with proportionate provisions allowing for targeted adaptations for
practices that can be locally appropriate.

(85) Member States should ensure that their use of forest biomass for producing energy is
compatible with their obligations pursuant to Regulation (EU) 2018/841 of the European
Parliament and of the Council^1. To that end, Member States should conduct forward-
looking assessments and implement necessary measures that complement their obligations
pursuant to Regulation (EU) 2018/1999.

(86) In view of the specific situation of the outermost regions referred to in Article 349 TFEU
and characterised in the energy sector by isolation, limited supply and dependence on fossil
fuels, provision should be made to extend the derogation that allows Member States to
adopt specific criteria in order to ensure eligibility for financial support for the
consumption of certain biomass fuels in those regions to also cover bioliquids and biofuels.
Any specific criteria should be objectively justified on the grounds of energy independence
of the outermost region concerned and of ensuring a smooth transition to the sustainability
criteria, the energy efficiency criteria and the greenhouse gas emissions saving criteria in
the outermost region concerned in accordance with Directive (EU) 2018/2001.

(^1) Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018
on the inclusion of greenhouse gas emissions and removals from land use, land use change
and forestry in the 2030 climate and energy framework, and amending Regulation
(EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).


PE-CONS 36/23 WST/JGC/di 62

(87) The Union is committed to improving the environmental, economic and social
sustainability of biomass fuel production. This Directive is complementary to other Union
legislative acts, in particular any legislative act on corporate sustainability due diligence
which lays down due diligence requirements in the value chain with regard to adverse
human rights or environmental impact.

(88) In order to reduce the administrative burden for producers of renewable fuels and recycled
carbon fuels and for Member States, where voluntary or national schemes have been
recognised by the Commission through an implementing act as giving evidence or
providing accurate data regarding compliance with sustainability and greenhouse gas
emissions saving criteria as well as other requirements laid down in the amending
provisions set out in this Directive, Member States should accept the results of the
certification issued by such schemes within the scope of the Commission’s recognition. In
order to reduce the burden on small installations, Member States should be able to
establish a simplified voluntary verification mechanism for installations with a total
thermal input of between 7,5 MW and 20 MW.


PE-CONS 36/23 WST/JGC/di 63

(89) To mitigate the risks and better prevent fraud in the supply chains for bioenergy and
recycled carbon fuels, Directive (EU) 2018/2001 provides for valuable additions in terms
of transparency, traceability and supervision. In that context, the Union database to be set
up by the Commission aims at enabling the tracing of liquid and gaseous renewable fuels
and recycled carbon fuels. The scope of the database should be extended from transport to
all other end-use sectors in which such fuels are consumed. Such an extension is intended
to make a vital contribution to the comprehensive monitoring of the production and
consumption of those fuels, mitigating risks of double-counting or irregularities along the
supply chains covered by the Union database. In addition, to avoid any risk of double
claims on the same renewable gas, a guarantee of origin issued for any consignment of
renewable gas registered in the database should be cancelled. The database should be made
publicly available in an open, transparent and user-friendly manner, while also respecting
the principles of private and commercially sensitive data protection. The Commission
should publish annual reports about the information reported in the Union database,
including the quantities, geographic origin and feedstock type of biofuels, bioliquids and
biomass fuels. The Commission and Member States should endeavour to work on the
interconnectivity between the Union database and existing national databases, enabling a
smooth transition as well as enabling the bi-directionality of the databases. Complementary
to that strengthening of the transparency and the traceability of individual consignments of
raw materials and fuels in the supply chain, recently adopted Commission Implementing
Regulation (EU) 2022/996^1 enhanced the requirements on auditing for certification bodies
and increased the powers for public supervision of certification bodies, including the
possibility for competent authorities to access documents and premises of economic
operators in their supervisory controls. The integrity of the verification framework of
Directive (EU) 2018/2001 has accordingly been significantly strengthened by
complementing the auditing by certification bodies and Union database with verification
and supervisory capacity of the competent authorities of the Member States. It is strongly
recommended that Member States make use of both possibilities for public supervision.

(^1) 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).


PE-CONS 36/23 WST/JGC/di 64

(90) The Commission and the Member States should continuously adapt to best administrative
practices and take all appropriate measures to simplify the implementation of Directive
(EU) 2018/2001, and thus reduce compliance costs for involved actors and
affected sectors.

(91) Adequate anti-fraud provisions must be laid down, in particular in relation to the use of
waste-based raw materials or of biomass that is identified as representing a high indirect
land use change risk. As the detection and prevention of fraud is essential to prevent unfair
competition and rampant deforestation, including in third countries, full and certified
traceability of those raw materials should be implemented.

(92) Directive (EU) 2018/2001 should therefore be amended accordingly.

(93) Regulation (EU) 2018/1999 makes several references to the Union-level binding target of
at least 32 % for the share of renewable energy consumed in the Union in 2030. As that
target needs to be increased in order to contribute effectively to the ambition to decrease
greenhouse gas emissions by 55 % by 2030, those references should be amended. Any
additional planning and reporting requirements set will not create a new planning and
reporting system, but should be subject to the existing planning and reporting framework
under that Regulation.

(94) The scope of Directive 98/70/EC of the European Parliament and of the Council^1 should be
amended in order to avoid a duplication of regulatory requirements with regard to transport
fuel decarbonisation objectives and to align with Directive (EU) 2018/2001.

(^1) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998
relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC
(OJ L 350, 28.12.1998, p. 58).


PE-CONS 36/23 WST/JGC/di 65

(95) The definitions laid down Directive 98/70/EC should be aligned with those laid down in
Directive (EU) 2018/2001 in order to avoid different definitions being applied pursuant to
those two acts.

(96) The obligations regarding the greenhouse gas emissions reduction and the use of biofuels
in Directive 98/70/EC should be deleted in order to streamline and avoid double regulation
with regard to the strengthened transport fuel decarbonisation obligations which are
provided for in Directive (EU) 2018/2001.

(97) The obligations regarding the monitoring of and reporting on the greenhouse gas emission
reductions set out in Directive 98/70/EC should be deleted to avoid duplicating the
regulation of reporting obligations.

(98) Council Directive (EU) 2015/652^1 , which provides the detailed rules for the uniform
implementation of Article 7a of Directive 98/70/EC, should be repealed as it becomes
obsolete with the repeal of Article 7a of Directive 98/70/EC by this Directive.

(^1) Council Directive (EU) 2015/652 of 20 April 2015 laying down calculation methods and
reporting requirements pursuant to Directive 98/70/EC of the European Parliament and of
the Council relating to the quality of petrol and diesel fuels (OJ L 107, 25.4.2015, p. 26).


PE-CONS 36/23 WST/JGC/di 66

(99) As regards bio-based components in diesel fuel, the reference in Directive 98/70/EC to
diesel fuel B7, that is diesel fuel containing up to 7 % fatty acid methyl esters (FAME),
limits available options to attain higher biofuel incorporation targets as set out in Directive
(EU) 2018/2001. That is due to the fact that almost the entire Union supply of diesel fuel is
already B7. For that reason, the maximum share of bio-based components should be
increased from 7 % to 10 %. Sustaining the market uptake of B10, that is diesel fuel
containing up to 10 % FAME, requires a Union-wide B7 protection grade for 7 % FAME
in diesel fuel due to the sizeable proportion of vehicles not compatible with B10 expected
to be present in the fleet by 2030. That should be reflected in Article 4(1), second
subparagraph, of Directive 98/70/EC.

(100) Transitional provisions should allow for an ordered continuation of data collection and the
fulfilment of reporting obligations with respect to the articles of Directive 98/70/EC
deleted by this Directive.

(101) Since the objectives of this Directive, namely reducing greenhouse gas emissions, energy
dependence and energy prices, cannot be sufficiently achieved by the Member States but
can rather, by reasons of the scale of the action, be better achieved at Union level, the
Union may adopt measures, in accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty on European Union. In accordance with the principle of
proportionality, as set out in that Article, this Directive does not go beyond what is
necessary in order to achieve those objectives.


PE-CONS 36/23 WST/JGC/di 67

(102) In accordance with the Joint Political Declaration of 28 September 2011 of Member States
and the Commission on explanatory documents^1 , Member States have undertaken to
accompany, in justified cases, the notification of their transposition measures with one or
more documents explaining the relationship between the components of a directive and the
corresponding parts of national transposition instruments. With regard to this Directive, the
legislators consider the transmission of such documents to be justified, in particular
following the judgment of the European Court of Justice in Case Commission vs Belgium^2
(case C-543/17).

(103) In order to offset the regulatory burdens introduced by this Directive on citizens,
administrations and undertakings, the Commission should review the regulatory
framework in the sectors concerned in line with the ‘one in, one out’ principle, as set out in
the Commission communication of 29 April 2021, entitled ‘Better Regulation: Joining
forces to make better laws’,

HAVE ADOPTED THIS DIRECTIVE:

(^1) OJ C 369, 17.12.2011, p. 14.
(^2) Judgment of the Court of Justice of 8 July 2019, Commission v Belgium, C-543/17,
ECLI:EU:C:2019:573.


PE-CONS 36/23 WST/JGC/di 68

```
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:

```
(a) point (1) is replaced by the following:
```
```
‘(1) “energy from renewable sources” or “renewable energy” means energy from
renewable non-fossil sources, namely wind, solar (solar thermal and solar
photovoltaic) and geothermal energy, osmotic energy, ambient energy, tide,
wave and other ocean energy, hydropower, biomass, landfill gas, sewage
treatment plant gas, and biogas;
```
```
(1a) ‘industrial grade roundwood’ means saw logs, veneer logs, round or split
pulpwood, as well as all other roundwood that is suitable for industrial
purposes, excluding roundwood the characteristics of which, such as species,
dimensions, rectitude and node density, make it unsuitable for industrial use as
defined and duly justified by Member States according to the relevant forest
and market conditions;’;
```

PE-CONS 36/23 WST/JGC/di 69

```
(b) point (4) is replaced by the following:
```
```
‘(4) “gross final consumption of energy” means the energy commodities delivered
for energy purposes to industry, transport, households, services including
public services, agriculture, forestry and fisheries, the consumption of
electricity and heat by the energy branch for electricity and heat production,
and losses of electricity and heat in distribution and transmission;’;
```
```
(c) the following points are inserted:
```
```
‘(9a) “renewables acceleration area” means a specific location or area, whether on
land, sea or inland waters, which a Member State designated as particularly
suitable for the installation of renewable energy plants;
```
```
(9b) “solar energy equipment” means equipment that converts energy from the sun
into thermal or electrical energy, in particular solar thermal and solar
photovoltaic equipment;’;
```
```
(d) the following points are inserted:
```
```
‘(14a) “bidding zone” means a bidding zone as defined in Article 2, point (65), of
Regulation (EU) 2019/943 of the European Parliament and of the Council * ;
```

PE-CONS 36/23 WST/JGC/di 70

```
(14b) “innovative renewable energy technology” means renewable energy generation
technology that improves, in at least one way, comparable state-of-the-art
renewable energy technology or that renders renewable energy technology that
is not fully commercialised or that involves a clear degree of risk exploitable;
```
```
(14c) “smart metering system” means a smart metering system as defined in
Article 2, point (23), of Directive (EU) 2019/944 of the European Parliament
and of the Council ** ;
```
```
(14d) “recharging point” means a recharging point as defined in Article 2, point (48),
of Regulation (EU) .../... of the European Parliament and of the Council *** +;
```
```
(14e) “market participant” means a market participant as defined in Article 2,
point (25), of Regulation (EU) 2019/943;
```
```
(14f) “electricity market” means electricity markets as defined in Article 2, point (9),
of Directive (EU) 2019/944;
```
```
(14g) “domestic battery” means a stand-alone rechargeable battery of rated capacity
greater than 2 kwh, which is suitable for installation and use in a domestic
environment;
```
**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 25/23 (2021/0223(COD)) and insert the number, date, title and OJ reference of
that Regulation in the footnote.


PE-CONS 36/23 WST/JGC/di 71

```
(14h) “electric vehicle battery” means an electric vehicle battery as defined in
Article 3(1), point (14), of Regulation (EU) .../... of the European Parliament
and of the Council ****+ ;
```
```
(14i) “industrial battery” means an industrial battery as defined in Article 3(1),
point (13), of Regulation (EU) .../... ++ ;
```
```
(14j) “state of health” means state of health as defined in Article 3(1), point (28), of
Regulation (EU) .../... ++ ;
```
```
(14k) “state of charge” means state of charge as defined in Article 3(1), point (27), of
Regulation (EU) .../... ++ ;
```
```
(14l) “power set point” means the dynamic information held in a battery’s
management system prescribing the electric power settings at which the battery
should optimally operate during a recharging or a discharging operation, so that
its state of health and operational use are optimised;
```
```
(14m) “smart recharging” means a recharging operation in which the intensity of
electricity delivered to the battery is adjusted dynamically, on the basis of
information received through electronic communication;
```
**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 2/23 (2020/0353(COD)) and insert the number, date, title and OJ reference of

**++** that Regulation in the footnote.^
OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 2/23 (2020/0353(COD)).


PE-CONS 36/23 WST/JGC/di 72

```
(14n) “regulatory authority” means a regulatory authority as defined in Article 2,
point (2), of Regulation (EU) 2019/943;
```
```
(14o) “bi-directional recharging” means bi-directional recharging as defined in
Article 2, point (11), of Regulation (EU) .../... + ;
```
```
(14p) “normal power recharging point” means a normal power recharging point as
defined in Article 2, point (37), of Regulation (EU) .../... + ;
```
```
(14q) “renewable energy purchase agreement” means a contract under which a
natural or legal person agrees to purchase renewable energy directly from a
producer, which encompasses, but is not limited to, renewables power purchase
agreements and renewables heating and cooling purchase agreements;
```
```
________________
* Regulation (EU) 2019/943 of the European Parliament and of the Council of
**^5 June^ 2019 on the internal market for electricity (OJ L 158, 14.6.2019, p. 54).^
Directive (EU) 2019/944 of the European Parliament and of the Council of
5 June 2019 on common rules for the internal market for electricity and
*** amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125).^
Regulation (EU) .../... of the European Parliament and of the Council of ... on
the deployment of alternative fuels infrastructure, and repealing
**** Directive^2014 /94/EU (OJ ...).^
Regulation (EU) .../... of the European Parliament and of the Council of ...
concerning batteries and waste batteries, amending Directive 2008/98/EC and
Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ ...).’;
```
**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 25/23 (2021/0223(COD)).


PE-CONS 36/23 WST/JGC/di 73

```
(e) the following points are inserted:
```
```
(18a) “industry” means undertakings and products that fall under sections B, C,
and F and under section J, division (63) of the statistical classification of
economic activities (NACE REV.2), as set out in Regulation
(EC) No 1893/2006 of the European Parliament and of the Council * ;
```
```
(18b) “non-energy purpose” means the use of fuels as raw materials in an industrial
process, rather than to produce energy;
```
```
________________
* Regulation (EC) No 1893/2006 of the European Parliament and of the Council
of 20 December 2006 establishing the statistical classification of economic
activities NACE Revision 2 and amending Council Regulation
(EEC) No 3037/90 as well as certain EC Regulations on specific statistical
domains (OJ L 393, 30.12.2006, p. 1).’;
(f) the following points are inserted:
```
```
‘(22a) “renewable fuels” means biofuels, bioliquids, biomass fuels and renewable
fuels of non-biological origin;
```
```
(22b) “energy efficiency first” means energy efficiency first as defined in Article 2,
point (18), of Regulation (EU) 2018/1999;’;
```

PE-CONS 36/23 WST/JGC/di 74

```
(g) 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;’;
```
```
(h) the following points are inserted:
```
```
‘(44a) “plantation forest” means a plantation forest as defined in Article 2, point
(11), of Regulation (EU) 2023/1115 of the European Parliament and of
the Council * ;
```
```
(44b) “osmotic energy” means energy created from the difference in salt
concentration between two fluids, such as fresh water and salt water;
```
```
(44c) “system efficiency” means the selection of energy-efficient solutions where
they also enable a cost-effective decarbonisation pathway, additional flexibility
and the efficient use of resources;
```
```
(44d) “co-located energy storage” means an energy storage facility combined with a
facility producing renewable energy and connected to the same grid access
point;
```

PE-CONS 36/23 WST/JGC/di 75

```
(44e) “solar-electric vehicle” means a motor vehicle equipped with a powertrain
containing only non-peripheral electric machines as energy converter, with an
electric rechargeable energy storage system which can be recharged externally,
and with vehicle-integrated photovoltaic panels;
```
```
__________________
* Regulation (EU) 2023/1115 of the European Parliament and of the Council of
31 May 2023 on the making available on the Union market and the export from
the Union of certain commodities and products associated with deforestation
and forest degradation and repealing Regulation (EU) No 995/2010 (OJ L 150,
9.6.2023, p. 206).’;
```
(2) Article 3 is amended as follows:

```
(a) paragraph 1 is replaced by the following:
```
```
‘1. Member States shall collectively ensure that the share of energy from
renewable sources in the Union’s gross final consumption of energy in 2030 is
at least 42,5 %.
```
```
Member States shall collectively endeavour to increase the share of energy
from renewable sources in the Union’s gross final consumption of energy
in 2030 to 45 %.
```
```
Member States shall set an indicative target for innovative renewable energy
technology of at least 5 % of newly installed renewable energy capacity
by 2030.’;
```

PE-CONS 36/23 WST/JGC/di 76

```
(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 an adverse impact on biodiversity, the environment and
the climate. To that end, they shall take into account the waste hierarchy set out
in Article 4 of Directive 2008 /98/EC and shall ensure the application of the
principle of the cascading use of biomass, with a focus on support schemes and
with due regard to national specificities.
```
```
Member States shall design support schemes for energy from biofuels,
bioliquids and biomass fuels in such a way as to avoid incentivising
unsustainable pathways and distorting competition with the material sectors,
with a view to ensuring that woody biomass is used according to its highest
economic and environmental added value in the following order of priorities:
```
```
(a) wood-based products;
```
```
(b) extending the service life of wood-based products;
```
```
(c) re-use;
```
```
(d) recycling;
```
```
(e) bioenergy; and
```
```
(f) disposal.
```

PE-CONS 36/23 WST/JGC/di 77

```
3a. Member States may derogate from the principle of the cascading use of
biomass referred to in paragraph 3 where needed to ensure security of energy
supply. Member States may also derogate from that principle where the local
industry is quantitatively or technically unable to use forest biomass for an
economic and environmental added value that is higher than energy
production, for feedstocks coming from:
```
```
(a) necessary forest management activities, aiming to ensure pre-commercial
thinning operations or carried out in accordance with national law on
wildfire prevention in high-risk areas;
```
```
(b) salvage logging following documented natural disturbances; or
```
```
(c) the harvest of certain woods whose characteristics are not suitable for
local processing facilities.
```
```
3b. Member States shall, no more than once a year, notify the Commission of a
summary of the derogations from the principle of the cascading use of biomass
pursuant to paragraph 3a, together with the reasons for such derogations and
the geographical scale to which they apply. The Commission shall make public
the notifications received, and may issue a public opinion with regard to any
of them.
```

PE-CONS 36/23 WST/JGC/di 78

```
3c. Member States shall not grant direct financial support for:
```
```
(a) the use of saw logs, veneer logs, industrial grade roundwood, stumps and
roots to produce energy;
```
```
(b) the production of renewable energy from the incineration of waste, unless
the separate collection obligations laid down in Directive 2008/98/EC
have been complied with.
```
```
3d. Without prejudice to paragraph 3, Member States shall not grant new support
or renew any support for the production of electricity from forest biomass in
electricity-only installations, unless such electricity meets at least one of the
following conditions:
```
```
(a) it is produced in a region identified in a territorial just transition plan
established in accordance with Article 11 of Regulation (EU) 2021/1056
of the European Parliament and of the Council * due to its reliance on
solid fossil fuels, and it meets the relevant requirements set out in
Article 29(11) of this Directive;
```
```
(b) it is produced applying biomass CO 2 capture and storage and it meets the
requirements set out in Article 29(11), second subparagraph;
```

PE-CONS 36/23 WST/JGC/di 79

```
(c) it is produced in an outermost region as referred to in Article 349 TFEU,
for a limited period and with the objective of phasing down, to the
greatest extent possible, the use of forest biomass without affecting
access to safe and secure energy.
```
```
By 2027, the Commission shall publish a report on the impact of the Member
States’ support schemes for biomass, including on biodiversity, on the climate
and the environment, and on possible market distortions, and shall assess the
possibility for further limitations regarding support schemes for forest biomass.
```
```
_______________
* Regulation (EU) 2021/1056 of the European Parliament and of the Council of
24 June 2021 establishing the Just Transition Fund (OJ L 231, 30.6.2021,
p. 1).’;
```

PE-CONS 36/23 WST/JGC/di 80

```
(c) the following paragraph is inserted:
```
```
‘4a. Member States shall establish a framework, which may include support
schemes and measures facilitating the uptake of renewables 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 of this Article 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 to a high level of
renewable electricity supply, including those related to permit-granting
procedures, and to the development of the necessary transmission, distribution
and storage infrastructure, including co-located energy storage. 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. Member States may include a summary of the
policies and measures under the framework and an assessment of their
implementation, respectively, 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.’;
```

PE-CONS 36/23 WST/JGC/di 81

(3) Article 7 is amended as follows:

```
(a) in paragraph 1, the second subparagraph is replaced by the following:
```
```
‘With regard to the first subparagraph, point (a), (b), or (c), gas and electricity from
renewable sources shall be considered only once for the purposes of calculating the
share of gross final consumption of energy from renewable sources.
```
```
Energy produced from renewable fuels of non-biological origin shall be counted in
the sector — electricity, heating and cooling, or transport — where it is consumed.
```
```
Without prejudice to the third subparagraph, Member States may agree, via a specific
cooperation agreement, to count all or part of the renewable fuels of non-biological
origin consumed in one Member State towards the share of gross final consumption
of energy from renewable sources in the Member State where those fuels are
produced. In order to monitor whether the same renewable fuels of non-biological
origin are not counted in both the Member State where they are produced and in the
Member State where they are consumed and in order to record the amount counted,
Member States shall notify the Commission of any such cooperation agreement.
Such a cooperation agreement shall include the amount of renewable fuels of non-
biological origin to be counted in total and for each Member State and the date on
which the cooperation agreement is to become operational.’;
```

PE-CONS 36/23 WST/JGC/di 82

```
(b) in paragraph 2, the first subparagraph is replaced by the following:
```
```
‘For the purposes of paragraph 1, first subparagraph, point (a), gross final
consumption of electricity from renewable sources shall be calculated as the quantity
of electricity produced in a Member State from renewable sources, including the
production of electricity from renewables self-consumers and renewable energy
communities and electricity from renewable fuels of non-biological origin and
excluding the production of electricity in pumped storage units from water that has
previously been pumped uphill as well as the electricity used to produce renewable
fuels of non-biological origin.’;
```
```
(c) in paragraph 4, point (a) is replaced by the following:
```
```
‘(a) Final consumption of energy from renewable sources in the transport sector
shall be calculated as the sum of all biofuels, biogas and renewable fuels of
non-biological origin consumed in the transport sector. That shall include
renewable fuels supplied to international marine bunkers.’;
```

PE-CONS 36/23 WST/JGC/di 83

(4) Article 9 is amended as follows:

```
(a) the following paragraph is inserted:
```
```
‘1a. By 31 December 2025, each Member State shall agree to establish a
framework for cooperation on joint projects with one or more other Member
States for the production of renewable energy, subject to the following:
```
```
(a) by 31 December 2030, Member States shall endeavour to agree on
establishing at least two joint projects;
```
```
(b) by 31 December 2033, Member States with an annual electricity
consumption of more than 100 TWh shall endeavour to agree on
establishing a third joint project.
```
```
The identification of joint offshore renewable energy projects shall be
consistent with the needs identified in the high-level strategic integrated
offshore network development plans for each sea-basin referred to in
Article 14(2) of Regulation (EU) 2022/869 of the European Parliament and of
the Council * and the Union-wide ten-year network development plan referred
to in Article 30(1), point (b), of Regulation (EU) 2019/943, but may go beyond
those needs and may involve local and regional authorities and
private undertakings.
```

PE-CONS 36/23 WST/JGC/di 84

```
Member States shall work towards a fair distribution of the costs and benefits
of joint projects. To that end, Member States shall take into account all the
relevant costs and benefits of the joint project in the relevant
cooperation agreement.
```
```
Member States shall notify the Commission of cooperation agreements,
including the date on which the joint projects are 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 the
obligations referred to in the first subparagraph for the
Member States involved.
```
```
_________________
*^ Regulation (EU) 2022/869 of the European Parliament and of the Council of
30 May 2022 on guidelines for trans-European energy infrastructure, amending
Regulations (EC) No 715/2009, (EU) 2019/942 and (EU) 2019/943 and
Directives 2009/73/EC and (EU) 2019/944, and repealing Regulation
** (EU)^ No^ 347/2013 (OJ L 152, 3.6.2022., p. 45).^
Commission Implementing Regulation (EU) 2020/1294 of 15 September 2020
on the Union renewable energy financing mechanism (OJ L 303, 17.9.2020,
p. 1).’;
```

PE-CONS 36/23 WST/JGC/di 85

```
(b) the following paragraph is inserted:
```
```
‘7a. On the basis of the indicative goals for offshore renewable energy generation to
be deployed within each sea basin, identified in accordance with Article 14 of
Regulation (EU) 2022/869, the Member States concerned shall publish
information on the volumes of offshore renewable energy that they plan to
achieve through tenders, taking into account technical and economic feasibility
for the grid infrastructure and the activities that already take place. Member
States shall endeavour to allocate space for offshore renewable energy projects
in their maritime spatial plans, taking into account the activities that already
take place in the affected areas. In order to facilitate permit-granting for joint
offshore renewable energy projects, Member States shall reduce the complexity
and increase the efficiency and transparency of the permit-granting procedure,
shall enhance cooperation among themselves and shall, where appropriate,
establish a single contact point. In order to enhance public acceptance, Member
States may include renewable energy communities in joint offshore renewable
energy projects.’;
```

PE-CONS 36/23 WST/JGC/di 86

(5) Article 15 is amended as follows:

```
(a) in paragraph 1, the first subparagraph is replaced by the following:
```
```
‘1. Member States shall ensure that any national rules concerning the
authorisation, certification and licensing procedures that are applied to plants
and associated transmission and distribution networks for the production of
electricity, heating or cooling from renewable sources, to the process of
transformation of biomass into biofuels, bioliquids, biomass fuels or other
energy products, and to renewable fuels of non-biological origin are
proportionate and necessary and contribute to the implementation of the energy
efficiency first principle.’;
```

PE-CONS 36/23 WST/JGC/di 87

```
(b) paragraphs 2 and 3 are replaced by the following:
```
```
‘2. Member States shall clearly define any technical specifications which are to be
met by renewable energy equipment and systems in order to benefit from
support schemes and to be eligible under public procurement. Where
harmonised standards or European standards exist, including technical
reference systems established by the European standardisation organisations,
such technical specifications shall be expressed in terms of those standards.
Precedence shall be given to harmonised standards, the references of which
have been published in the Official Journal of the European Union in support
of Union law, including Regulation (EU) 2017/1369 of the European
Parliament and of the Council * and Directive 2009/125/EC of the European
Parliament and of the Council **. In their absence, other harmonised standards
and European standards shall be used, in that order. Such technical
specifications shall not prescribe where the equipment and systems are to be
certified and shall not impede the proper functioning of the internal market.
```
```
2a. Member States shall promote the testing of innovative renewable energy
technology for producing, sharing and storing of renewable energy through
pilot projects in a real-world environment, for a limited period, in accordance
with the applicable Union law and accompanied by appropriate safeguards to
ensure the secure operation of the energy system and avoid disproportionate
impact on the functioning of the internal market, under the supervision of a
competent authority.
```

PE-CONS 36/23 WST/JGC/di 88

3. Member States shall ensure that their competent authorities at national,
    regional and local level include provisions for the integration and deployment
    of renewable energy, including for renewables self-consumption and renewable
    energy communities, and for the use of unavoidable waste heat and cold when
    planning, including early spatial planning, designing, building and renovating
    urban infrastructure, industrial, commercial or residential areas and energy and
    transport infrastructure, including electricity, district heating and cooling,
    natural gas and alternative fuel networks. Member States shall, in particular,
    encourage local and regional administrative bodies to include heating and
    cooling from renewable sources in the planning of city infrastructure where
    appropriate, and to consult the network operators to reflect the impact of
    energy efficiency and demand-response programmes as well as specific
    provisions on renewables self- consumption and renewable energy
    communities, on the infrastructure development plans of the network operators.

```
_________________
* Regulation (EU) 2017/1369 of the European Parliament and of the Council of
4 July 2017 setting a framework for energy labelling and repealing Directive
** 2010/30/EU (OJ L 198, 28.7.2017, p. 1).^
Directive 2009/125/EC of the European Parliament and of the Council of
21 October 2009 establishing a framework for the setting of ecodesign
requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).’;
(c) paragraphs 4 to 7 are deleted;
```

PE-CONS 36/23 WST/JGC/di 89

```
(d) paragraph 8 is replaced by the following:
```
```
‘8. Member States shall assess the regulatory and administrative barriers to long-
term renewable energy purchase agreements, and shall remove unjustified
barriers to, and promote the uptake of, such agreements, including by exploring
how to reduce the financial risks associated with them, in particular by using
credit guarantees. Member States shall ensure that those agreements are not
subject to disproportionate or discriminatory procedures or charges, and that
any associated guarantees of origin can be transferred to the buyer of the
renewable energy under the renewable energy purchase agreement.
```
```
Member States shall describe their policies and measures promoting the uptake
of renewable energy purchase agreements in their integrated national energy
and climate plans submitted pursuant to Articles 3 and 14 of Regulation
(EU) 2 018/1999 and their integrated national energy and climate progress
reports submitted pursuant to Article 17 of that Regulation. They shall also
provide, in those progress reports, an indication of renewable energy
generation that is supported by renewable energy purchase agreements.
```
```
Following the assessment referred to in the first subparagraph, the Commission
shall analyse the barriers to long-term renewable energy purchase agreements
and in particular to the deployment of cross-border renewable energy purchase
agreements and shall issue guidance on the removal those barriers.
```

PE-CONS 36/23 WST/JGC/di 90

9. By ... [two years after the date of entry into force of this amending Directive],
    the Commission shall consider if additional measures are needed to support
    Member States in the implementation of the permit-granting procedures
    provided for in this Directive, including by means of developing indicative key
    performance indicators.’;

(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.


PE-CONS 36/23 WST/JGC/di 91

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.
```

PE-CONS 36/23 WST/JGC/di 92

```
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.


PE-CONS 36/23 WST/JGC/di 93

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.


PE-CONS 36/23 WST/JGC/di 94

```
Article 15b
Mapping of areas necessary for national contributions towards the overall Union
renewable energy target for 2030
```
1. By ... [18 months after the date of entry into force of this amending Directive],
    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 *****. 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.
```

PE-CONS 36/23 WST/JGC/di 95

2. For the purpose of identifying the areas referred to in paragraph 1, Member States
    shall take into account in particular:

```
(a) the availability of energy from renewable sources and the potential for
renewable energy production of the different types of technology in the land
surface, sub-surface, sea or inland water areas;
```
```
(b) the projected demand for energy, taking into account the potential flexibility of
the active demand response, expected efficiency gains and energy
system integration;
```
```
(c) the availability of relevant energy infrastructure, including grids, storage and
other flexibility tools or the potential to create or upgrade such grid
infrastructure and storage.
```
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.


PE-CONS 36/23 WST/JGC/di 96

```
Article 15c
Renewables acceleration areas
```
1. By ... [27 months after the date of entry into force of this amending Directive],
    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:

```
(a) designate sufficiently homogeneous land, inland water, and sea areas where the
deployment of a specific type or specific types of renewable energy sources is
not expected to have a significant environmental impact, in view of the
particularities of the selected area, while:
```
```
(i) giving priority to artificial and built surfaces, such as rooftops and
facades of buildings, transport infrastructure and their direct
surroundings, parking areas, farms, waste sites, industrial sites, mines,
artificial inland water bodies, lakes or reservoirs and, where appropriate,
urban waste water treatment sites, as well as degraded land not usable
for agriculture;
```

PE-CONS 36/23 WST/JGC/di 97

```
(ii) excluding Natura 2000 sites and areas designated under national
protection schemes for nature and biodiversity conservation, major bird
and marine mammal migratory routes as well as other areas identified on
the basis of sensitivity maps and the tools referred to in the point (iii),
except for artificial and built surfaces located in those areas such as
rooftops, parking areas or transport infrastructure;
```
```
(iii) using all appropriate and proportionate tools and datasets to identify the
areas where the renewable energy plants would not have a significant
environmental impact, including wildlife sensitivity mapping, while
taking into account the data available in the context of the development
of a coherent Natura 2000 network, both as regards habitat types and
species under Council Directive 92/43/EEC ** , as well as birds and sites
protected under Directive 2009/147/EC of the European Parliament and
of the Council *** ;
```

PE-CONS 36/23 WST/JGC/di 98

```
(b) establish appropriate rules for the renewables acceleration areas on effective
mitigation measures to be adopted for the installation of renewable energy
plants and co-located energy storage, as well as assets necessary for the
connection of such plants and storage to the grid, in order to avoid the adverse
environmental impact that may arise or, where that is not possible, to
significantly reduce it, where appropriate ensuring that appropriate mitigation
measures are applied in a proportionate and timely manner to ensure
compliance with the obligations laid down in Article 6(2) and Article 12(1) of
Directive 92/43/EEC, Article 5 of Directive 2009/147/EEC and Article 4(1),
point (a)(i), of Directive 2000/60/EC of the European Parliament and of the
Council **** and to avoid deterioration and achieve good ecological status or
good ecological potential in accordance with Article 4(1), point (a), of
Directive 2000/60/EC.
```
```
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.
```

PE-CONS 36/23 WST/JGC/di 99

```
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 ********* , 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.


PE-CONS 36/23 WST/JGC/di 100

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 ... [6 months after the date of entry into force of this amending Directive],
    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:

```
(a) such areas are outside Natura 2000 sites, areas designated under national
protection schemes for nature and biodiversity conservation and identified bird
migratory routes;
```
```
(b) the plans identifying such areas have been the subject of a strategic
environmental assessment pursuant to Directive 2001/42/EC and, where
appropriate, of an assessment pursuant to Article 6(3) of Directive 92/43/EEC;
```

PE-CONS 36/23 WST/JGC/di 101

```
(c) the projects located in such areas implement appropriate and proportionate
rules and measures to address the adverse environmental impact that may arise.
```
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.


PE-CONS 36/23 WST/JGC/di 102

```
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:

```
(a) for grid projects, avoid Natura 2000 sites and areas designated under national
protection schemes for nature and biodiversity conservation, unless there are
no proportionate alternatives for their deployment, taking into account the
objectives of the site;
```
```
(b) for storage projects, exclude Natura 2000 sites and areas designated under
national protection schemes;
```
```
(c) ensure synergies with the designation of renewables acceleration areas;
```
```
(d) be subject to an environmental assessment pursuant to Directive 2001/42/EC
and, where applicable, to an assessment pursuant to Article 6(3) of
Directive 92/43/EEC; and
```

PE-CONS 36/23 WST/JGC/di 103

```
(e) establish appropriate and proportionate rules, including on proportionate
mitigation measures to be adopted for the development of grid and storage
projects in order to avoid adverse effects on the environment that may arise, or,
where it is not possible to avoid such effects, to significantly reduce them.
```
```
While preparing such plans, Member States shall consult the relevant infrastructure
system operators.
```

PE-CONS 36/23 WST/JGC/di 104

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 ********** , 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 ... [the date of entry into force of this amending Directive] 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.


PE-CONS 36/23 WST/JGC/di 105

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.


PE-CONS 36/23 WST/JGC/di 106

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.

```
______________
* 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).^
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).^
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).^
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).^
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).^
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).’;
```

PE-CONS 36/23 WST/JGC/di 107

(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.


PE-CONS 36/23 WST/JGC/di 108

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 ... [two
    years after the date of entry into force of this amending Directive] 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.


PE-CONS 36/23 WST/JGC/di 109

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.


PE-CONS 36/23 WST/JGC/di 110

8. Except when it coincides with other administrative stages of the permit-granting
    procedure, the duration of the permit-granting procedure shall not include:

```
(a) the time during which the renewable energy plants, their grid connections and,
with a view to ensuring grid stability, grid reliability and grid safety, the related
necessary grid infrastructure, are being built or repowered;
```
```
(b) the time for the administrative stages necessary for significant upgrades of the
grid required to ensuring grid stability, grid reliability and grid safety;
```
```
(c) the time for any judicial appeals and remedies, other proceedings before a court
or tribunal, and alternative dispute resolution mechanisms, including complaint
procedures and non-judicial appeals and remedies.
```
9. Decisions resulting from the permit-granting procedures shall be made publicly
    available in accordance with the applicable law.’;


PE-CONS 36/23 WST/JGC/di 111

```
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.


PE-CONS 36/23 WST/JGC/di 112

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.
```

PE-CONS 36/23 WST/JGC/di 113

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.
```

PE-CONS 36/23 WST/JGC/di 114

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.
```

PE-CONS 36/23 WST/JGC/di 115

```
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.


PE-CONS 36/23 WST/JGC/di 116

```
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.


PE-CONS 36/23 WST/JGC/di 117

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.


PE-CONS 36/23 WST/JGC/di 118

```
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.


PE-CONS 36/23 WST/JGC/di 119

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.


PE-CONS 36/23 WST/JGC/di 120

```
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.


PE-CONS 36/23 WST/JGC/di 121

```
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:

```
(a) heat pumps of up to 12 kW electrical capacity; and
```
```
(b) heat pumps of up to 50 kW electrical capacity installed by renewables self-
consumers, provided that the electrical capacity of a renewables self-
consumer’s renewable electricity generation installation amounts to
at least 60 % of the electrical capacity of the heat pump.
```

PE-CONS 36/23 WST/JGC/di 122

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 ... [three months after the date of entry into force of this amending Directive], 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.’;
```

PE-CONS 36/23 WST/JGC/di 123

(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.
```

PE-CONS 36/23 WST/JGC/di 124

```
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.’;


PE-CONS 36/23 WST/JGC/di 125

(9) Article 19 is amended as follows:

```
(a) paragraph 2 is amended as follows:
```
```
(i) the first subparagraph is replaced by the following:
```
```
‘To that end, Member States shall ensure that a guarantee of origin is issued in
response to a request from a producer of energy from renewable sources,
including gaseous renewable fuels of non-biological origin such as hydrogen,
unless Member States decide, for the purposes of accounting for the market
value of the guarantee of origin, not to issue such a guarantee of origin to a
producer that receives financial support from a support scheme. Member States
may arrange for guarantees of origin to be issued for energy from non-
renewable sources. Issuance of guarantees of origin may be made subject to a
minimum capacity limit. A guarantee of origin shall be of the standard size
of 1 MWh. Where appropriate, such standard size may be divided to a fraction
size, provided that the fraction is a multiple of 1 Wh. No more than one
guarantee of origin shall be issued in respect of each unit of energy produced.’;
```
```
(ii) the following subparagraph is inserted after the second subparagraph:
```
```
‘Simplified registration processes and reduced registration fees shall be
introduced for small installations of less than 50 kW and for renewable
energy communities.’;
```

PE-CONS 36/23 WST/JGC/di 126

```
(iii) in the fourth subparagraph, point (c) is replaced by the following:
```
```
‘(c) where the guarantees of origin are not issued directly to the producer but
to a supplier or consumer who buys the energy either in a competitive
setting or in a long-term renewables power purchase agreement.’;
```
```
(b) paragraphs 3 and 4 are replaced by the following:
```
```
‘3. For the purposes of paragraph 1, guarantees of origin shall be valid for
transactions for 12 months after the production of the relevant energy unit.
Member States shall ensure that all guarantees of origin that have not been
cancelled expire at the latest 18 months after the production of the energy unit.
Member States shall include expired guarantees of origin in the calculation of
their residual energy mix.
```
4. For the purposes of disclosure referred to in paragraphs 8 and 13,
    Member States shall ensure that energy undertakings cancel guarantees of
    origin at the latest six months after the end of the validity of the guarantee of
    origin. Furthermore, by ... [18 months after the date of entry into force of this
    amending Directive], Member States shall ensure that the data on their residual
    energy mix are published on an annual basis.’;


PE-CONS 36/23 WST/JGC/di 127

```
(c) in paragraph 7, point (a) is replaced by the following:
```
```
‘(a) the energy source from which the energy was produced and the start and end
dates of production, which may be specified:
```
```
(i) in the case of renewable gas, including gaseous renewable fuels of non-
biological origin, and renewable heating and cooling, at an hourly or sub-
hourly interval;
```
```
(ii) for renewable electricity, in accordance with the imbalance settlement
period as defined in Article 2, point (15), of Regulation (EU) 2019/943.’;
```
```
(d) in paragraph 8, the following subparagraphs are inserted after the first subparagraph:
```
```
‘Where gas is supplied from a hydrogen or natural gas network, including gaseous
renewable fuels of non-biological origin and biomethane, the supplier is required to
demonstrate to final consumers the share or quantity of energy from renewable
sources in its energy mix for the purposes of Annex I to Directive 2009/73/EC. The
supplier shall do so by using guarantees of origin except:
```
```
(a) as regards the share of its energy mix corresponding to non-tracked
commercial offers, if any, for which the supplier may use the residual
energy mix;
```

PE-CONS 36/23 WST/JGC/di 128

```
(b) where a Member State decides not to issue guarantees of origin to a producer
that receives financial support from a support scheme.
```
```
When a customer consumes gas from a hydrogen or natural gas network, including
gaseous renewable fuels of non-biological origin and biomethane, as demonstrated in
the commercial offer by the supplier, Member States shall ensure that the guarantees
of origin that are cancelled correspond to the relevant network characteristics.’;
```
```
(e) paragraph 13 is replaced by the following:
```
```
‘13. By 31 December 2025 the Commission shall adopt a report assessing options
to establish a Union-wide green label with a view to promoting the use of
renewable energy generated by new installations. Suppliers shall use the
information contained in guarantees of origin to demonstrate compliance with
the requirements of such a label.
```
```
13a. The Commission shall monitor the functioning of the guarantees of origin
system and assess by 30 June 2025 the balance of supply and demand of
guarantees of origin in the market and, in the case of imbalances, shall identify
relevant factors affecting supply and demand.’.
```

PE-CONS 36/23 WST/JGC/di 129

(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.’;
```

PE-CONS 36/23 WST/JGC/di 130

(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.
```

PE-CONS 36/23 WST/JGC/di 131

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) .../... **+** , 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.

**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 2/23 (2020/0353(COD)).


PE-CONS 36/23 WST/JGC/di 132

```
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 *.
```
4. In addition to the requirements laid down in Regulation (EU) .../... **+** , 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.

**+** OJ: Please insert in the text the number of the Regulation contained in document
PE-CONS 25/23 (2021/0223(COD)).


PE-CONS 36/23 WST/JGC/di 133

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.
```
```
_________________
* 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).’;
```

PE-CONS 36/23 WST/JGC/di 134

(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.
```

PE-CONS 36/23 WST/JGC/di 135

```
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:
```
```
(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:
```
```
(i) hydrogen used as intermediate products for the production of
conventional transport fuels and biofuels;
```
```
(ii) hydrogen that is produced by decarbonising industrial residual gas and
that is used to replace the specific gas from which it is produced;
```

PE-CONS 36/23 WST/JGC/di 136

```
(iii) hydrogen produced as a by-product or derived from by-products in
industrial installations;
```
```
(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 and biofuels;
```
```
(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.
```
```
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 ***** or in ISO 14067:2018.


PE-CONS 36/23 WST/JGC/di 137

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.


PE-CONS 36/23 WST/JGC/di 138

```
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:

```
(a) that Member State is on track towards its national contribution to the binding
overall Union target set in Article 3(1), first subparagraph, which is at least
equivalent to its expected national contribution in accordance with the formula
referred to in Annex II to Regulation (EU) 2018/1999; and
```
```
(b) the share of hydrogen, or its derivatives, produced from fossil fuels which is
consumed in that Member State is not more than 23 % in 2030 and not more
than 20 % in 2035.
```
```
Where any of those conditions are not fulfilled, the reduction referred to in the first
subparagraph shall cease to apply.
```

PE-CONS 36/23 WST/JGC/di 139

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).
```
```
__________________
*^ 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).’;
```

PE-CONS 36/23 WST/JGC/di 140

(13) Article 23 is amended as follows:

```
(a) paragraph 1 is replaced by the following:
```
```
‘1. In order to promote the use of renewable energy in the heating and cooling
sector, each Member State shall increase the share of renewable energy in that
sector by at least 0,8 percentage points as an annual average calculated for the
period 2021 to 2025 and by at least 1,1 percentage points as an annual average
calculated for the period 2026 to 2030, starting from the share of renewable
energy in the heating and cooling sector in 2020, expressed in terms of national
share of gross final consumption of energy and calculated in accordance with
the methodology set out in Article 7.
```
```
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. If they decide to do so, the average annual increase shall increase by
half of the waste heat and cold percentage points counted to an upper limit
of 1,0 percentage points for the period 2021 to 2025 and of 1,3 percentage
points for the period 2026 to 2030.
```

PE-CONS 36/23 WST/JGC/di 141

```
Member States shall inform the Commission of their intention to count waste
heat and cold and the estimated amount in their integrated national energy and
climate plans submitted pursuant to Articles 3 and 14 of Regulation
(EU) 2018/1999. In addition to the minimum percentage points annual
increases referred to in the first subparagraph of this paragraph, each
Member State shall endeavour to increase the share of renewable energy in its
heating and cooling sector by the additional indicative percentage points set out
in Annex Ia to this Directive.
```
```
Member States may count renewable electricity used for heating and cooling
towards the annual average increase set out in the first subparagraph, up to a
limit of 0,4 percentage points, provided that the efficiency of the heat and cold
generator unit is higher than 100 %. If they decide to do so, the average annual
increase shall increase by half of that renewable electricity expressed in
percentage points to an upper limit of 1,0 percentage points for the period 2021
to 2025 and of 1,3 percentage points for the period 2026 to 2030.
```

PE-CONS 36/23 WST/JGC/di 142

```
Member States shall inform the Commission of their intention to count
renewable electricity used in heating and cooling from heat and cold generators
the efficiency of which is higher than 100 % towards the annual increase set
out in first subparagraph of this paragraph. Member States shall include the
estimated renewable electricity capacities of heat and cold generator units the
efficiency of which is higher than 100 % in their integrated national energy and
climate plans submitted pursuant to Articles 3 and 14 of Regulation
(EU) 2018/1999. Member States shall include the amount of renewable
electricity used in heating and cooling from heat and cold generator units the
efficiency of which is higher than 100 % in their integrated national energy and
climate progress reports submitted pursuant to Article 17 of that Regulation.
```
```
1a. For the calculation of the share of renewable electricity used in heating and
cooling for the purposes of paragraph 1, Member States shall use the average
share of renewable electricity supplied in their territory in the two
previous years.
```

PE-CONS 36/23 WST/JGC/di 143

```
1b. Member States shall carry out an assessment of their potential of energy from
renewable sources and of the use of waste heat and cold in the heating and
cooling sector including, where appropriate, an analysis of areas suitable for
their deployment at low ecological risk and of the potential for small-scale
household projects. That assessment shall consider available and economically
feasible technology for industrial and domestic uses in order to set out
milestones and measures to increase the use of renewable energy in heating and
cooling and, where appropriate, the use of waste heat and cold through district
heating and cooling with a view to establishing a long-term national strategy to
reduce greenhouse gas emissions and air pollution originating from heating and
cooling. That assessment shall be in accordance with the energy efficiency first
principle and part of the integrated national energy and climate plans submitted
pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999, and shall
accompany the comprehensive heating and cooling assessment required by
Article 14(1) of Directive 2012/27/EU.’;
```
```
(b) paragraph 2 is amended as follows:
```
```
(i) the introductory phrase is replaced by the following:
```
```
‘For the purposes of paragraph 1 of this Article, when calculating its share of
renewable energy in the heating and cooling sector and its average annual
increase in accordance with that paragraph, including the additional indicative
increase set out in Annex Ia, each Member State:’;
```

PE-CONS 36/23 WST/JGC/di 144

```
(ii) point (a) is deleted;
```
```
(iii) the following subparagraph is added:
```
```
‘Member States shall in particular provide information to the owners or tenants
of buildings and SMEs on cost-effective measures, and financial instruments,
to improve the use of renewable energy in the heating and cooling systems.
Member States shall provide the information through accessible and
transparent advisory tools.’;
```
```
(c) paragraph 4 is replaced by the following:
```
```
‘4. To achieve the average annual increase referred to in paragraph 1, first
subparagraph, Member States shall endeavour to implement at least two 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;
```
```
(b) the installation of highly efficient renewable heating and cooling systems
in buildings, the connection of buildings to efficient district heating and
cooling systems or the use of renewable energy or waste heat and cold in
industrial heating and cooling processes;
```

PE-CONS 36/23 WST/JGC/di 145

```
(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 energy
technology installer or an energy service company providing renewable
energy installation services;
```
```
(d) capacity building for national, regional and local authorities to map local
renewable heating and cooling potential and plan, implement and advise
on renewable energy projects and infrastructures;
```
```
(e) the creation of risk mitigation frameworks to reduce the cost of capital
for renewable heat and cooling and waste heat and cold projects,
allowing for, inter alia, the bundling of smaller projects as well as linking
such projects more holistically with other energy efficiency and building
renovation measures;
```
```
(f) the promotion of renewables heating and cooling purchase agreements
for corporate and collective small consumers;
```
```
(g) planned replacement schemes of fossil heating sources, heating systems
that are not compatible with renewable sources or fossil phase-out
schemes with milestones;
```

PE-CONS 36/23 WST/JGC/di 146

```
(h) requirements at local and regional level concerning renewable heat
planning, encompassing cooling;
```
```
(i) the promotion of the production of biogas and its injection into the gas
grid, instead of its use for electricity production;
```
```
(j) measures promoting the integration of thermal energy storage technology
in heating and cooling systems;
```
```
(k) the promotion of renewable based district heating and cooling networks,
in particular by renewable energy communities, including through
regulatory measures, financing arrangements and support;
```
```
(l) other policy measures, with an equivalent effect, including fiscal
measures, support schemes or other financial incentives that contribute to
the installation of renewable heating and cooling equipment and the
development of energy networks supplying renewable energy for heating
and cooling in buildings and industry.
```
```
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.’;
```

PE-CONS 36/23 WST/JGC/di 147

(14) Article 24 is amended as follows:

```
(a) paragraph 1 is replaced by the following:
```
```
‘1. Member States shall ensure that information on the energy performance and
the share of renewable energy in their district heating and cooling systems is
provided to final consumers in an easily accessible manner, such as on bills or
on the suppliers' websites and on request. The information on the share of
renewable energy shall be expressed at least as a percentage of gross final
consumption of energy in heating and cooling assigned to the customers of a
given district heating and cooling system, including information on how much
energy was used to deliver one unit of heating to the customer or end-user.’;
```
```
(b) paragraphs 4, 5 and 6 are replaced by the following:
```
```
‘4. Member States shall endeavour to increase the share of energy from renewable
sources and from waste heat and cold in district heating and cooling by an
indicative 2,2 percentage points as an annual average calculated for the
period 2021 to 2030, starting from the share of energy from renewable sources
and from waste heat and cold in district heating and cooling in 2020, and shall
lay down the measures necessary to that end in their integrated national energy
and climate plans submitted pursuant to Articles 3 and 14 of Regulation
(EU) 2018/1999. The share of energy from renewable sources shall be
expressed in terms of share of gross final consumption of energy in district
heating and cooling adjusted to normal average climatic conditions.
```

PE-CONS 36/23 WST/JGC/di 148

```
Member States may count renewable electricity used for district heating and
cooling in the annual average increase set out in the first subparagraph.
```
```
Member States shall inform the Commission of their intention to count
renewable electricity used in district heating and cooling towards the annual
increase set out in first subparagraph of this paragraph. Member States shall
include the estimated renewable electricity capacities for district heating and
cooling in their integrated national energy and climate plans submitted
pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999. Member States
shall include the amount of renewable electricity used in district heating and
cooling in their integrated national energy and climate progress reports
submitted pursuant to Article 17 of that Regulation.
```
```
4a. For the calculation of the share of renewable electricity used in district heating
and cooling for the purposes of paragraph 4, Member States shall use the
average share of renewable electricity supplied in their territory in the two
previous years.
```
```
Member States with a share of energy from renewable sources and from waste
heat and cold in district heating and cooling above 60 % may count any such
share as fulfilling the average annual increase referred to in paragraph 4, first
subparagraph. Member States with a share of energy from renewable sources
and from waste heat and cold in district heating and cooling above 50 % and up
to 60 % may count any such share as fulfilling half of the average annual
increase referred to in paragraph 4, first subparagraph.
```

PE-CONS 36/23 WST/JGC/di 149

```
Member States shall lay down the necessary measures to implement the
average annual increase referred to in paragraph 4, first subparagraph, of this
Article, in their integrated national energy and climate plans submitted
pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999.
```
```
4b. Member States shall ensure that operators of district heating or cooling systems
above 25 MWth capacity are encouraged to connect third party suppliers of
energy from renewable sources and from waste heat and cold or are
encouraged to offer to connect and purchase heat or cold from renewable
sources and from waste heat and cold from third-party suppliers on the basis of
non-discriminatory criteria set by the competent authority of the Member State
concerned, where such operators need to do one or more of the following:
```
```
(a) meet demand from new customers;
```
```
(b) replace existing heat or cold generation capacity;
```
```
(c) expand existing heat or cold generation capacity.
```
5. Member States may allow an operator of a district heating or cooling system to
    refuse to connect and to purchase heat or cold from a third-party supplier in
    any of the following situations:

```
(a) the system lacks the necessary capacity due to other supplies of heat or
cold from renewable sources or of waste heat and cold;
```

PE-CONS 36/23 WST/JGC/di 150

```
(b) the heat or cold from the third-party supplier does not meet the technical
parameters necessary to connect and ensure the reliable and safe
operation of the district heating and cooling system;
```
```
(c) the operator can demonstrate that providing access would lead to an
excessive heat or cold cost increase for final customers compared to the
cost of using the main local heat or cold supply with which the renewable
source or waste heat and cold would compete;
```
```
(d) the operator’s system is an efficient district heating and cooling system.
```
```
Member States shall ensure that, when an operator of a district heating or
cooling system refuses to connect a supplier of heating or cooling pursuant to
the first subparagraph, information on the reasons for the refusal, as well as the
conditions to be met and measures to be taken in the system in order to enable
the connection, is provided by that operator to the competent authority.
Member States shall ensure that an appropriate process is in place to remedy
unjustified refusals.
```
6. Member States shall put in place, where necessary, a coordination framework
    between district heating and cooling system operators and the potential sources
    of waste heat and cold in the industrial and tertiary sectors to facilitate the use
    of waste heat and cold. That coordination framework shall ensure dialogue as
    regards the use of waste heat and cold involving, in particular:

```
(a) district heating and cooling system operators;
```

PE-CONS 36/23 WST/JGC/di 151

```
(b) industrial and tertiary sector enterprises generating waste heat and cold
that can be economically recovered via district heating and cooling
systems, such as data centres, industrial plants, large commercial
buildings, energy storage facilities, and public transport;
```
```
(c) local authorities responsible for planning and approving
energy infrastructures;
```
```
(d) scientific experts working on the latest state of the art of district heating
and cooling systems; and
```
```
(e) renewable energy communities involved in heating and cooling.’;
```
```
(c) paragraphs 8, 9 and 10 are replaced by the following:
```
```
‘8. 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 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.
```

PE-CONS 36/23 WST/JGC/di 152

```
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.
```
9. Member States shall ensure that the rights of consumers and the rules for
    operating district heating and cooling systems in accordance with this Article
    are clearly defined, publicly available and enforced by the competent authority.
10. A Member State shall not be required to apply paragraphs 2 to 9 where at least
    one of the following conditions is met:

```
(a) its share of district heating and cooling was less than or equal to 2 % of
the gross final consumption of energy in heating and cooling
on 24 December 2018;
```

PE-CONS 36/23 WST/JGC/di 153

```
(b) its share of district heating and cooling is increased above 2 % of the
gross final consumption of energy in heating and cooling
on 24 December 2018 by developing new efficient district heating and
cooling on the basis of its integrated national energy and climate plan
submitted pursuant to Articles 3 and 14 of, and in accordance with,
Regulation (EU) 2018/1999 and the assessment referred to in
Article 23(1b) of this Directive;
```
```
(c) 90 % of the gross final consumption of energy in district heating and
cooling systems takes place in efficient district heating and
cooling systems.’;
```
(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:

```
(a) the amount of renewable fuels and renewable electricity supplied to the
transport sector leads to a:
```
```
(i) share of renewable energy within the final consumption of energy in the
transport sector of at least 29 % by 2030; or
```

PE-CONS 36/23 WST/JGC/di 154

```
(ii) greenhouse gas intensity reduction of at least 14,5 % by 2030, compared
to the baseline set out in Article 27(1), point (b), in accordance with an
indicative trajectory set by the Member State;
```
```
(b) the combined share of advanced biofuels and biogas produced from the
feedstock listed in Part A of Annex IX and of renewable fuels of non-
biological origin in the energy supplied to the transport sector is at least 1 %
in 2025 and 5,5 % in 2030, of which a share of at least 1 percentage point is
from renewable fuels of non-biological origin in 2030.
```
```
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.
```

PE-CONS 36/23 WST/JGC/di 155

```
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:

```
(a) shall take into account renewable fuels of non-biological origin also when they
are used as intermediate products for the production of:
```
```
(i) conventional transport fuels; or
```
```
(ii) biofuels, provided that the greenhouse gas emissions reduction achieved
by the use of renewable fuels of non-biological origin is not counted in
the calculation of the greenhouse gas emissions savings of the biofuels;
```
```
(b) may take into account biogas that is injected into the national gas transmission
and distribution infrastructure.
```
3. For the calculation of the targets set in paragraph 1, first subparagraph, point (a),
    Member States may take into account recycled carbon fuels.


PE-CONS 36/23 WST/JGC/di 156

```
When designing the obligation on fuel suppliers, Member States may:
```
```
(a) exempt fuel suppliers supplying electricity or renewable fuels of non-biological
origin from the requirement to comply with the minimum share of advanced
biofuels and biogas produced from the feedstock listed in Part A of Annex IX
with respect to those fuels;
```
```
(b) set the obligation by means of measures targeting volumes, energy content or
greenhouse gas emissions;
```
```
(c) distinguish between different energy carriers;
```
```
(d) distinguish between the maritime transport sector and other sectors.
```
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.’;


PE-CONS 36/23 WST/JGC/di 157

(16) Article 26 is amended as follows:

```
(a) paragraph 1 is amended as follows:
```
```
(i) the first subparagraph is replaced by the following:
```
```
‘For the calculation of a Member State’s gross final consumption of energy
from renewable sources referred to in Article 7 and of the minimum share of
renewable energy and the greenhouse gas intensity reduction target referred to
in Article 25(1), first subparagraph, point (a), the share of biofuels and
bioliquids, as well as of biomass fuels consumed in transport, where produced
from food and feed crops, shall be no more than one percentage point higher
than the share of such fuels in the final consumption of energy in the transport
sector in 2020 in that Member State, with a maximum of 7 % of final
consumption of energy in the transport sector in that Member State.’;
```

PE-CONS 36/23 WST/JGC/di 158

```
(ii) the fourth subparagraph is replaced by the following:
```
```
‘Where the share of biofuels and bioliquids, as well as of biomass fuels
consumed in transport, produced from food and feed crops in a Member State
is limited to a share lower than 7 % or a Member State decides to limit the
share further, that Member State may reduce the minimum share of renewable
energy or the greenhouse gas intensity reduction target referred to in
Article 25(1), first subparagraph, point (a), accordingly, in view of the
contribution those fuels would have made in terms of the minimum share of
renewable energy or greenhouse gas emissions savings. For the purpose of the
greenhouse gas intensity reduction target, Member States shall consider those
fuels save 50 % greenhouse gas emissions.’;
```
```
(b) paragraph 2 is amended as follows:
```
```
(i) the first subparagraph is replaced by the following:
```
```
‘2. For the calculation of a Member State’s gross final consumption of
energy from renewable sources referred to in Article 7 and the minimum
share of renewable energy and the greenhouse gas intensity reduction
target referred to in Article 25(1), first subparagraph, point (a), the share
of high indirect land-use change-risk biofuels, bioliquids or biomass fuels
produced from food and feed crops for which a significant expansion of
the production area into land with high-carbon stock is observed shall not
exceed the level of consumption of such fuels in that Member State
in 2019, unless they are certified to be low indirect land-use change-risk
biofuels, bioliquids or biomass fuels pursuant to this paragraph.’;
```

PE-CONS 36/23 WST/JGC/di 159

```
(ii) the fifth subparagraph is replaced by the following:
```
```
‘By 1 September 2023, the Commission shall review the criteria laid down in
the delegated act referred to in the fourth subparagraph of this paragraph on the
basis of the best available scientific data and shall adopt delegated acts in
accordance with Article 35 in order to amend those criteria, where appropriate,
and to supplement this Directive by including a trajectory to gradually decrease
the contribution to the overall Union target set in Article 3(1) and to the
minimum share of renewable energy and the greenhouse gas intensity
reduction target referred to in Article 25(1), first subparagraph, point (a), of
high indirect land-use change-risk biofuels, bioliquids and biomass fuels
produced from feedstock for which a significant expansion of the production
into land with high-carbon stock is observed. That review shall be based on a
revised version of the report on feedstock expansion submitted in accordance
with the third subparagraph of this paragraph. That report shall, in particular,
assess whether the threshold on the maximum share of the average annual
expansion of the global production area in high carbon stocks should be
reduced on the basis of objective and scientific based criteria and taking into
consideration the Union’s climate targets and commitments.
```
```
Where appropriate, the Commission shall amend the criteria laid down in the
delegated act referred to in the fourth subparagraph on the basis of the results
of the assessment referred to in the fifth subparagraph. The Commission shall
continue to review, every three years after the adoption of the delegated act
referred to in the fourth subparagraph, the data underpinning that delegated act.
The Commission shall update that delegated act when necessary in light of
evolving circumstances and the latest available scientific evidence.’;
```

PE-CONS 36/23 WST/JGC/di 160

(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:

```
(a) the greenhouse gas emissions savings shall be calculated as follows:
```
```
(i) for biofuel and biogas, by multiplying the amount of those fuels supplied
to all transport modes by their greenhouse gas emissions savings
determined in accordance with Article 31;
```
```
(ii) for renewable fuels of non-biological origin and recycled carbon fuels, by
multiplying the amount of those fuels that is supplied to all transport
modes by their greenhouse gas emissions savings determined in
accordance with delegated acts adopted pursuant to Article 29a(3);
```
```
(iii) for renewable electricity, by multiplying the amount of renewable
electricity that is supplied to all transport modes by the fossil fuel
comparator ECF(e) set out in in Annex V;
```

PE-CONS 36/23 WST/JGC/di 161

```
(b) the baseline referred to in Article 25(1), first subparagraph, point (a)(ii), shall
be calculated until 31 December 2030 by multiplying the amount of energy
supplied to the transport sector by the fossil fuel comparator EF(t) set out in
Annex V; from 1 January 2031, the baseline referred to in Article 25(1), first
subparagraph, point (a)(ii), shall be the sum of:
```
```
(i) the amount of fuels supplied to all transport modes multiplied by the
fossil fuel comparator EF(t) set out in Annex V;
```
```
(ii) the amount of electricity supplied to all transport modes multiplied by the
fossil fuel comparator ECF(e) set out in Annex V;
```
```
(c) for the calculation of the relevant amounts of energy, the following rules shall
apply:
```
```
(i) in order to determine the amount of energy supplied to the transport
sector, the values regarding the energy content of transport fuels set out
in Annex III shall be used;
```
```
(ii) in order to determine the energy content of transport 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;
```

PE-CONS 36/23 WST/JGC/di 162

```
(iii) the amount of renewable electricity supplied to the transport sector is
determined by multiplying the amount of electricity supplied to that
sector by the average share of renewable electricity supplied in the
territory of the Member State in the two previous years, unless electricity
is obtained from a direct connection to an installation generating
renewable electricity and supplied to the transport sector, in which case
electricity shall be fully counted as renewable and electricity generated
by a solar-electric vehicle and used for the consumption of the vehicle
itself may be fully counted as renewable;
```
```
(iv) the share of biofuels and biogas produced from the feedstock listed in
Part B of Annex IX in the energy content of fuels and electricity supplied
to the transport sector shall, except in Cyprus and Malta, be limited
to 1,7 %;
```
```
(d) the greenhouse gas intensity reduction from the use of renewable energy is
determined by dividing the greenhouse gas emissions savings from the use of
biofuels, biogas, renewable fuels of non-biological origin and renewable
electricity supplied to all transport modes by the baseline; Member States may
take into account recycled carbon fuels.
```
```
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.
```

PE-CONS 36/23 WST/JGC/di 163

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:

```
(a) for the calculation of the denominator, that is the amount of energy consumed
in the transport sector, all fuels and electricity supplied to the transport sector
shall be taken into account;
```
```
(b) for the calculation of the numerator, that is the amount of energy from
renewable sources consumed in the transport sector for the purposes of
Article 25(1), first subparagraph, the energy content of all types of energy from
renewable sources supplied to all transport modes, including to international
marine bunkers, in the territory of each Member State shall be taken into
account; Member States may take into account recycled carbon fuels;
```
```
(c) the share of biofuels and biogas produced from the feedstock listed in
Annex IX and renewable fuels of non-biological origin shall be considered to
be twice its energy content;
```
```
(d) the share of renewable electricity shall be considered to be four times its
energy content when supplied to road vehicles and may be considered to be 1,5
times its energy content when supplied to rail transport;
```
```
(e) the share of advanced biofuels and biogas produced from the feedstock listed in
Part A of Annex IX supplied in the aviation and maritime transport modes shall
be considered to be 1,2 times their energy content and the share of renewable
fuels of non-biological origin supplied in the aviation and maritime transport
modes shall be considered to be 1,5 times their energy content;
```

PE-CONS 36/23 WST/JGC/di 164

```
(f) the share of biofuels and biogas produced from the feedstock listed in Part B of
Annex IX in the energy content of fuels and electricity supplied to the transport
sector shall, except in Cyprus and Malta, be limited to 1,7 %;
```
```
(g) in order to determine the amount of energy supplied to the transport sector, the
values regarding the energy content of transport fuels set out in Annex III shall
be used;
```
```
(h) in order to determine the energy content of transport 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;
```
```
(i) the amount of renewable electricity supplied to the transport sector shall be
determined by multiplying the amount of electricity supplied to that sector by
the average share of renewable electricity supplied in the territory of the
Member State in the two previous years, unless electricity is obtained from a
direct connection to an installation generating renewable electricity and
supplied to the transport sector, in which case that electricity shall be fully
counted as renewable and electricity generated by a solar-electric vehicle and
used for the consumption of the vehicle itself may be fully counted
as renewable.
```

PE-CONS 36/23 WST/JGC/di 165

```
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 5-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.


PE-CONS 36/23 WST/JGC/di 166

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:
```
```
(a) comes into operation after, or at the same time as, the installation producing the
renewable fuels of non-biological origin; and
```
```
(b) 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.
```

PE-CONS 36/23 WST/JGC/di 167

```
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.
```

PE-CONS 36/23 WST/JGC/di 168

```
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:

```
(a) paragraphs 2, 3 and 4 are deleted;
```
```
(b) paragraph 5 is replaced by the following:
```
```
‘5. By 30 June 2024, the Commission shall adopt delegated acts in accordance
with Article 35 to supplement this Directive by specifying the methodology to
determine the share of biofuel, and biogas for transport, resulting from biomass
being processed with fossil fuels in a common process.’;
```

PE-CONS 36/23 WST/JGC/di 169

```
(c) paragraph 7 is replaced by the following:
```
```
‘7. By 31 December 2025, in the context of the biennial assessment of progress
made pursuant to Regulation (EU) 2018/1999, the Commission shall assess
whether the obligation relating to advanced biofuels and biogas produced from
feedstock listed in Part A of Annex IX to this Directive laid down in
Article 25(1), first subparagraph, point (b), of this Directive effectively
stimulates innovation and ensures greenhouse gas emissions savings in the
transport sector. The Commission shall analyse in that assessment whether the
application of this Article effectively avoids double counting of
renewable energy.
```
```
The Commission shall, if appropriate, submit a proposal to amend the
obligation relating to advanced biofuels and biogas produced from feedstock
listed in Part A of Annex IX laid down in Article 25(1), first subparagraph,
point (b).’;
```
(19) Article 29 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 set in Article 3(1), Article 15a(1), Article 22a(1),
Article 23(1), Article 24(4), and Article 25(1);’;
```

PE-CONS 36/23 WST/JGC/di 170

```
(ii) the second subparagraph is replaced by the following:
```
```
‘However, biofuels, bioliquids and biomass fuels produced from waste and
residues, other than agricultural, aquaculture, fisheries and forestry residues,
are required to fulfil only the greenhouse gas emissions saving criteria laid
down in paragraph 10 in order to be taken into account for the purposes
referred to in points (a), (b) and (c) of the first subparagraph of this paragraph.
In the case of the use of mixed wastes, Member States may require operators to
apply mixed waste sorting systems that aim to remove fossil materials. This
subparagraph shall also apply to waste and residues that are first processed into
a product before being further processed into biofuels, bioliquids and
biomass fuels.’;
```
```
(iii) 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 7,5 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;
```

PE-CONS 36/23 WST/JGC/di 171

```
(c) in the case of installations producing gaseous biomass fuels with the
following average biomethane flow rate:
```
```
(i) above 200 m^3 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 gas, for the methane flow rate, the threshold set
out in point (i), recalculated proportionally to the volumetric share
of methane in the mixture.
```
```
Member States may apply the sustainability and greenhouse gas emissions
saving criteria to installations with lower total rated thermal input or
biomethane flow rate.’;
```

PE-CONS 36/23 WST/JGC/di 172

```
(b) paragraph 3 is replaced by the following:
```
```
‘3. Biofuels, bioliquids and biomass fuels produced from agricultural biomass
taken into account for the purposes referred to in points (a), (b) and (c) of the
first subparagraph of paragraph 1 shall not be made from raw material obtained
from land with a high biodiversity value, namely land that had one of the
following statuses in or after January 2008, irrespective of whether the land
continues to have that status:
```
```
(a) primary forest and other wooded land, namely forest and other wooded
land of native species, where there is no clearly visible indication of
human activity and the ecological processes are not significantly
disturbed; and old growth forests as defined in the country where the
forest is located;
```
```
(b) highly biodiverse forest and other wooded land which is species-rich and
not degraded, and has been identified as being highly biodiverse by the
relevant competent authority, unless evidence is provided that the
production of that raw material did not interfere with those nature
protection purposes;
```

PE-CONS 36/23 WST/JGC/di 173

```
(c) areas designated:
```
```
(i) by law or by the relevant competent authority for nature protection
purposes, unless evidence is provided that the production of that
raw material did not interfere with those nature protection
purposes; or
```
```
(ii) for the protection of rare, threatened or endangered ecosystems or
species recognised by international agreements or included in lists
drawn up by intergovernmental organisations or the International
Union for the Conservation of Nature, subject to their recognition
in accordance with Article 30(4), first subparagraph, unless
evidence is provided that the production of that raw material did
not interfere with those nature protection purposes;
```
```
(d) highly biodiverse grassland spanning more than one hectare that is:
```
```
(i) natural, namely grassland that would remain grassland in the
absence of human intervention and that maintains the natural
species composition and ecological characteristics and processes;
or
```

PE-CONS 36/23 WST/JGC/di 174

```
(ii) non-natural, namely grassland that would cease to be grassland in
the absence of human intervention and that is species-rich and not
degraded and has been identified as being highly biodiverse by the
relevant competent authority, unless evidence is provided that the
harvesting of the raw material is necessary to preserve its status as
highly biodiverse grassland; or
```
```
(e) heathland.
```
```
Where the conditions set out in paragraph 6, points (a)(vi) and (vii), are not
met, the first subparagraph of this paragraph, with the exception of point (c),
also applies to biofuels, bioliquids and biomass fuels produced from
forest biomass.
```
```
The Commission may adopt implementing acts further specifying the criteria
by which to determine which grassland is to be covered by the first
subparagraph, point (d), of this paragraph. Those implementing acts shall be
adopted in accordance with the examination procedure referred to in
Article 34(3).’;
```

PE-CONS 36/23 WST/JGC/di 175

```
(c) in paragraph 4, the following subparagraph is added:
```
```
‘Where the conditions set out in paragraph 6, points (a)(vi) and (vii), are not met, the
first subparagraph of this paragraph, with the exception of points (b) and (c), and the
second subparagraph of this paragraph also apply to biofuels, bioliquids and biomass
fuels produced from forest biomass.’;
```
```
(d) paragraph 5 is replaced by the following:
```
```
‘5. Biofuels, bioliquids and biomass fuels produced from agricultural biomass
taken into account for the purposes referred to in paragraph 1, first
subparagraph, points (a), (b) and (c), shall not be made from raw material
obtained from land that was peatland in January 2008, unless evidence is
provided that the cultivation and harvesting of that raw material does not
involve drainage of previously undrained soil. Where the conditions set out in
paragraph 6, points (a)(vi) and (vii), are not met, this paragraph also applies to
biofuels, bioliquids and biomass fuels produced from forest biomass.;’
```
```
(e) paragraph 6 is amended as follows:
```
```
(i) in point (a), points (iii) and (iv) are replaced by the following:
```
```
‘(iii) that areas designated by international or national law or by the relevant
competent authority for nature protection purposes, including in
wetlands, grassland, heathland and peatlands, are protected with the aim
of preserving biodiversity and preventing habitat destruction;
```

PE-CONS 36/23 WST/JGC/di 176

```
(iv) that harvesting is carried out considering maintenance of soil quality and
biodiversity in accordance with sustainable forest management
principles, with the aim of preventing any adverse impact, in a way that
avoids harvesting of stumps and roots, degradation of primary forests,
and of old growth forests as defined in the country where the forest is
located, or their conversion into plantation forests, and harvesting on
vulnerable soils, that harvesting is carried out in compliance with
maximum thresholds for large clear-cuts as defined in the country where
the forest is located and with locally and ecologically appropriate
retention thresholds for deadwood extraction and that harvesting is
carried out in compliance with requirements to use logging systems that
minimise any adverse impact on soil quality, including soil compaction,
and on biodiversity features and habitats:’;
```
```
(ii) in point (a), the following points are added:
```
```
‘(vi) that forests in which the forest biomass is harvested do not stem from the
lands that have the statuses referred to in paragraph 3, points (a), (b), (d)
and (e), paragraph 4, point (a), and paragraph (5), respectively under the
same conditions of determination of the status of land specified in those
paragraphs; and
```

PE-CONS 36/23 WST/JGC/di 177

```
(vii) that installations producing biofuels, bioliquids and biomass fuels from
forest biomass, issue a statement of assurance, underpinned by company-
level internal processes, for the purpose of the audits conducted pursuant
to Article 30(3), that the forest biomass is not sourced from the lands
referred to in point (vi) of this subparagraph.’;
```
```
(iii) in point (b), points (iii) and (iv) are replaced by the following:
```
```
‘(iii) that areas designated by international or national law or by the relevant
competent authority for nature protection purposes, including in
wetlands, grassland, heathland and peatlands, are protected with the aim
of preserving biodiversity and preventing habitat destruction, unless
evidence is provided that the harvesting of that raw material does not
interfere with those nature protection purposes;
```

PE-CONS 36/23 WST/JGC/di 178

```
(iv) that harvesting is carried out considering maintenance of soil quality and
biodiversity, in accordance with sustainable forest management
principles, with the aim of preventing any adverse impact, in a way that
avoids harvesting of stumps and roots, degradation of primary forests,
and of old growth forests as defined in the country where the forest is
located, or their conversion into plantation forests, and harvesting on
vulnerable soils, that harvesting is carried out in compliance with
maximum thresholds for large clear-cuts as defined in the country where
the forest is located, and with locally and ecologically appropriate
retention thresholds for deadwood extraction and that harvesting is
carried out in compliance with requirements to use logging systems that
minimise any adverse impact on soil quality, including soil compaction,
and on biodiversity features and habitats; and’;
```
```
(f) the following paragraphs are inserted:
```
```
‘7a. The production of biofuels, bioliquids and biomass fuels from domestic forest
biomass shall be consistent with Member States’ commitments and targets laid
down in Article 4 of Regulation (EU) 2018/841 of the European Parliament
and of the Council * and with the policies and measures described by the
Member States in their integrated national energy and climate plans submitted
pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999.
```

PE-CONS 36/23 WST/JGC/di 179

```
7b. As part of their final updated integrated national energy and climate plan to be
submitted by 30 June 2024 pursuant to Article 14(2) of Regulation
(EU) 2018/1999, Member States shall include all of the following:
```
```
(a) an assessment of the domestic supply of forest biomass available for
energy purposes in 2021-2030 in accordance with the criteria laid down
in this Article;
```
```
(b) an assessment of the compatibility of the projected use of forest biomass
for the production of energy with the Member States’ targets and budgets
for 2026 to 2030 laid down in Article 4 of Regulation (EU) 2018/841;
and
```
```
(c) a description of the national measures and policies ensuring compatibility
with those targets and budgets.
```
```
Member States shall report to the Commission on the measures and policies
referred in the first subparagraph, point (c), of this paragraph as part of their
integrated national energy and climate progress reports submitted pursuant to
Article 17 of Regulation (EU) 2018/1999.
```
```
_______________
* Regulation (EU) 2018/841 of the European Parliament and of the Council of
30 May 2018 on the inclusion of greenhouse gas emissions and removals from
land use, land use change and forestry in the 2030 climate and energy
framework, and amending Regulation (EU) No 525/2013 and
Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).’;
```

PE-CONS 36/23 WST/JGC/di 180

```
(g) in paragraph 10, first subparagraph, point (d) is replaced by the following:
```
```
‘(d) for electricity, heating and cooling production from biomass fuels used in
installations that started operating after ... [the date of entry into force of this
amending Directive], at least 80 %;
```
```
(e) for electricity, heating and cooling production from biomass fuels used in
installations with a total rated thermal input equal to or exceeding 10 MW that
started operating between 1 January 2021 and ... [the date of entry into force of
this amending Directive], at least 70 % until 31 December 2029, and
at least 80 % from 1 January 2030;
```
```
(f) for electricity, heating and cooling production from gaseous biomass fuels used
in installations with a total rated thermal input equal to or lower than 10 MW
that started operating between 1 January 2021 and ... [the date of entry into
force of this amending Directive], at least 70 % before they have been
operating for 15 years, and at least 80 % after they have been in operation
for 15 years;
```
```
(g) for electricity, heating and cooling production from biomass fuels used in
installations with a total rated thermal input equal to or exceeding 10 MW that
started operating before 1 January 2021, at least 80 % after they have been
operating for 15 years, at the earliest from 1 January 2026 and at the latest
from 31 December 2029;
```

PE-CONS 36/23 WST/JGC/di 181

```
(h) for electricity, heating and cooling production from gaseous biomass fuels used
in installations with a total rated thermal input equal to or lower than 10 MW
that started operating before 1 January 2021, at least 80 % after they have been
operating for 15 years and at the earliest from 1 January 2026.’;
```
```
(h) in paragraph 13, points (a) and (b) are replaced by the following:
```
```
‘(a) installations located in an outermost region as referred to in Article 349 TFEU
to the extent that such facilities produce electricity or heating or cooling from
biomass fuels and bioliquids or produce biofuels; and
```
```
(b) biomass fuels and bioliquids used in the installations referred to in point (a) of
this subparagraph and biofuels produced in those installations, irrespective of
the place of origin of that biomass, provided that such criteria are objectively
justified on the grounds that their aim is to ensure, for that outermost region,
access to safe and secure energy and a smooth phase-in of the criteria laid
down in paragraphs 2 to 7 and 10 and 11 of this Article and thereby incentivise
the transition from fossil fuels to sustainable biofuels, bioliquids and
biomass fuels.’;
```

PE-CONS 36/23 WST/JGC/di 182

```
(i) the following paragraph is added:
```
```
‘15. Until 31 December 2030, energy from biofuels, bioliquids and biomass fuels
may also be taken into account for the purposes referred to in paragraph 1, first
subparagraph, points (a), (b) and (c), of this Article, where:
```
```
(a) support was granted before ... [ the date of entry into force of this
amending Directive], in accordance with the sustainability and
greenhouse gas emissions saving criteria set out in Article 29 in its
version in force on 29 September 2020; and
```
```
(b) support was granted in the form of a long-term support for which a fixed
amount has been determined at the start of the support period and
provided that a correction mechanism to ensure the absence of
overcompensation is in place.’;
```
(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 %.


PE-CONS 36/23 WST/JGC/di 183

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 CO 2 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:

```
(a) in paragraph 1, first subparagraph, the introductory phrase is replaced by
the following:
```
```
‘Where renewable fuels and recycled carbon fuels are to be counted towards the
targets referred to in Article 3(1), Article 15a(1), Article 22a(1), Article 23(1),
Article 24(4) and Article 25(1), Member States shall require economic operators to
show, by means of mandatory independent and transparent audits, in accordance with
the implementing act adopted pursuant to paragraph 8 of this Article, that the
sustainability and greenhouse gas emissions saving criteria laid down in Article 29(2)
to (7) and (10) and Article 29a(1) and (2) for renewable fuels and recycled-carbon
fuels have been fulfilled. To that end, they shall require economic operators to use a
mass balance system which:’;
```

PE-CONS 36/23 WST/JGC/di 184

```
(b) paragraph 2 is replaced by the following:
```
```
‘2. Where a consignment is processed, information on the sustainability and
greenhouse gas emissions saving characteristics of the consignment shall be
adjusted and assigned to the output in accordance with the following rules:
```
```
(a) when the processing of a consignment of raw material yields only one
output that is intended for the production of biofuels, bioliquids or
biomass fuels, renewable fuels of non-biological origin, or recycled
carbon fuels, the size of the consignment and the related quantities of
sustainability and greenhouse gas emissions saving characteristics shall
be adjusted applying a conversion factor representing the ratio between
the mass of the output that is intended for such production and the mass
of the raw material entering the process;
```
```
(b) when the processing of a consignment of raw material yields more than
one output that is intended for the production of biofuels, bioliquids or
biomass fuels, renewable fuels of non-biological origin, or recycled
carbon fuels, for each output a separate conversion factor shall be applied
and a separate mass balance shall be used.’;
```

PE-CONS 36/23 WST/JGC/di 185

```
(c) in paragraph 3, the first and second subparagraphs are replaced by the following:
```
```
‘Member States shall take measures to ensure that economic operators submit
reliable information regarding the compliance with the sustainability and greenhouse
gas emissions saving criteria laid down in Article 29(2) to (7) and (10) and
Article 29a(1) and (2), and that economic operators make available to the relevant
Member State, upon request, the data used to develop that information.
Member States shall require economic operators to arrange for an adequate standard
of independent auditing of the information submitted, and to provide evidence that
this has been done. In order to comply with Article 29(3), points (a), (b), (d) and (e),
Article 29(4), point (a), Article 29(5), Article 29(6), point (a), and Article 29(7),
point (a), the first or second party auditing may be used up to the first gathering point
of the forest biomass. The auditing shall verify that the systems used by economic
operators are accurate, reliable and protected against fraud, including verification
ensuring that materials are not intentionally modified or discarded so that the
consignment or part thereof could become a waste or residue. The auditing shall also
evaluate the frequency and methodology of sampling and the robustness of the data.
```
```
The obligations laid down in this paragraph shall apply regardless of whether
renewable fuels and recycled carbon fuels are produced within or are imported into
the Union. Information about the geographic origin and feedstock type of biofuels,
bioliquids and biomass fuels per fuel supplier shall be made available to consumers
in an up-to-date, easily accessible, and user-friendly manner on the websites of
operators, suppliers or the relevant competent authorities and shall be updated on an
annual basis.’;
```

PE-CONS 36/23 WST/JGC/di 186

```
(d) in paragraph 4, the first subparagraph is replaced by the following:
```
```
‘The Commission may decide that voluntary national or international schemes
setting standards for the production of renewable fuels and recycled carbon fuels,
provide accurate data on greenhouse gas emissions savings for the purposes of
Article 29(10) and Article 29a(1) and (2), demonstrate compliance with Article 27(6)
and Article 31a(5), or demonstrate that consignments of biofuels, bioliquids and
biomass fuels comply with the sustainability criteria laid down in Article 29(2)
to (7). When demonstrating that the criteria laid down in Article 29(6) and (7) are
met, the operators may provide the required evidence directly at sourcing area level.
The Commission may recognise areas for the protection of rare, threatened or
endangered ecosystems or species recognised by international agreements or
included in lists drawn up by intergovernmental organisations or the International
Union for the Conservation of Nature for the purposes of Article 29(3), first
subparagraph, point (c)(ii).’;
```

PE-CONS 36/23 WST/JGC/di 187

```
(e) paragraph 6 is replaced by the following:
```
```
‘6. Member States may set up national schemes where compliance with the
sustainability and greenhouse gas emissions saving criteria laid down in
Article 29(2) to (7) and (10) and Article 29a(1) and (2), in accordance with the
methodology developed under Article 29a(3), is verified throughout the entire
chain of custody involving competent authorities. Those schemes may also be
used to verify the accuracy and completeness of the information included by
economic operators in the Union database, to demonstrate compliance with
Article 27(6) and for the certification of biofuels, bioliquids and biomass fuels
with low indirect land-use change-risk.
```
```
A Member State may notify such a national scheme to the Commission. The
Commission shall give priority to the assessment of such a scheme in order to
facilitate mutual bilateral and multilateral recognition of those schemes. The
Commission may decide, by means of implementing acts, whether such a
notified national scheme complies with the conditions laid down in this
Directive. Those implementing acts shall be adopted in accordance with the
examination procedure referred to in Article 34(3).
```

PE-CONS 36/23 WST/JGC/di 188

```
Where the Commission decides that the national scheme complies with
conditions laid down in this Directive, other schemes recognised by the
Commission in accordance with this Article shall not refuse mutual recognition
with that Member State’s national scheme as regards verification of
compliance with the criteria for which it has been recognised by
the Commission.
```
```
For installations producing electricity, heating and cooling with a total rated
thermal input between 7,5 and 20 MW, Member States may establish
simplified national verification schemes to ensure the fulfilment of the
sustainability and greenhouse gas emissions saving criteria set out in
Article 29(2) to (7) and (10). For the same installations, the implementing acts
provided for in paragraph 8 of this Article shall set out the uniform conditions
for simplified voluntary verification schemes to ensure the fulfilment of the
sustainability and greenhouse gas emissions saving criteria set out in
Article 29(2) to (7) and (10).’;
```
```
(f) in paragraph 9, the first subparagraph is replaced by the following:
```
```
‘9. Where an economic operator provides evidence or data obtained in accordance
with a scheme that has been the subject of a decision pursuant to paragraph 4
or 6, a Member State shall not require the economic operator to provide further
evidence of compliance with the elements covered by the scheme for which the
scheme has been recognised by the Commission.’;
```

PE-CONS 36/23 WST/JGC/di 189

```
(g) paragraph 10 is replaced by the following:
```
```
‘10. At the request of a Member State, which may be based on the request of an
economic operator, the Commission shall, on the basis of all available
evidence, examine whether the sustainability and greenhouse gas emissions
saving criteria laid down in Article 29(2) to (7) and (10) and Article 29a(1)
and (2) in relation to a source of renewable fuels and recycled carbon fuels
have been met.
```
```
Within six months of receipt of such a request, the Commission shall, by
means of implementing acts, decide whether the Member State concerned may
either:
```
```
(a) take into account the renewable fuels and recycled carbon fuels from that
source for the purposes referred to in points (a), (b) and (c) of the first
subparagraph of Article 29(1); or
```
```
(b) by way of derogation from paragraph 9, require suppliers of the source of
renewable fuels and recycled carbon fuels to provide further evidence of
compliance with those sustainability and greenhouse gas emissions
saving criteria and those greenhouse gas emissions savings thresholds.
```
```
The implementing acts referred to in the second subparagraph of this paragraph
shall be adopted in accordance with the examination procedure referred to in
Article 34(3).’;
```

PE-CONS 36/23 WST/JGC/di 190

(22) the following article is inserted:

```
‘ Article 31a
Union database
```
```
1. By ... [1 year after the date of entry into force of this amending Directive], 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.
```

PE-CONS 36/23 WST/JGC/di 191

```
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.


PE-CONS 36/23 WST/JGC/di 192

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:
```
```
(a) the national database complies with the Union database including in terms of
the timeliness of data transmission, the typology of data sets transferred, and
the protocols for data quality and data verification;
```
```
(b) Member States ensure that the data entered into the national database are
instantly transferred to the Union database.
```
```
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.
```

PE-CONS 36/23 WST/JGC/di 193

```
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 *. 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.

```
__________________
* 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).’;
```

PE-CONS 36/23 WST/JGC/di 194

(23) Article 33 is amended as follows:

```
(a) paragraph 3 is amended as follows:
```
```
(i) the first subparagraph is replaced by the following:
```
```
‘By 31 December 2027, the Commission shall submit, if appropriate, a
legislative proposal on the regulatory framework for the promotion of energy
from renewable sources for the period after 2030.’;
```
```
(ii) the following subparagraph is added:
```
```
‘When preparing the legislative proposal referred to in the first subparagraph of
this paragraph the Commission shall take into account, where appropriate:
```
```
(a) the advice of the European Scientific Advisory Board on Climate Change
established under Article 10a of Regulation (EC) No 401/2009 of the
European Parliament and of the Council * ;
```
```
(b) the projected indicative Union greenhouse gas budget as set out in
Article 4(4) of Regulation (EU) 2021/1119 of the European Parliament
and of the Council ** ;
```
```
(c) the integrated national energy and climate plans submitted by
Member States by 30 June 2024 pursuant to Article 14(2) of
Regulation (EU) 2018/1999;
```

PE-CONS 36/23 WST/JGC/di 195

```
(d) the experience gained by the implementation of this Directive, including
its sustainability and greenhouse gas emissions saving criteria; and
```
```
(e) technological developments in energy from renewable sources.
```
```
______________
* Regulation (EC) No 401/2009 of the European Parliament and of the
Council of 23 April 2009 on the European Environment Agency and the
European Environment Information and Observation Network (OJ L 126,
** 21.5.2009, p.^ 13).^
Regulation (EU) 2021/1119 of the European Parliament and of the
Council of 30 June 2021 establishing the framework for achieving
climate neutrality and amending Regulations (EC) No 401/2009 and
(EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1)’;
(b) the following paragraph is inserted:
```
```
‘(3a) The Commission shall assess the application of the obligations laid down in
Article 29(7a) and (7b) and their impact on ensuring the sustainability of
biofuels, bioliquids and biomass fuels.’;
```

PE-CONS 36/23 WST/JGC/di 196

(24) Article 35 is amended as follows:

```
(a) paragraph 2 is replaced by the following:
```
```
‘2. The power to adopt delegated acts referred to in Article 8(3), second
subparagraph,, Article 26(2), fourth subparagraph, Article 26(2) fifth
subparagraph, Article 27(3), Article 27(4), Article 27(6), fourth subparagraph,
Article 28(5), Article 28(6), second subparagraph, Article 29a(3), Article 31(5),
second subparagraph, and Article 31a(2), second subparagraph, shall be
conferred on the Commission for a period of five years from ... [the date of
entry into force of this amending Directive]. The Commission shall draw up a
report in respect of the delegation of power not later than nine months before
the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament
or the Council opposes such extension not later than three months before the
end of each period.’;
```

PE-CONS 36/23 WST/JGC/di 197

```
(b) paragraph 4 is replaced by the following:
```
```
‘4. The delegation of power referred to in Article 7(3), fifth subparagraph,
Article 8(3), second subparagraph, Article 26(2), fourth subparagraph,
Article 26(2) fifth subparagraph, Article 27(3), article 27(4), Article 27(6),
fourth subparagraph, Article 28(5), Article 28(6), second subparagraph,
Article 29a(3), Article 31(5), and Article 31a(2), second subparagraph, may be
revoked at any time by the European Parliament or by the Council. A decision
to revoke shall put an end to the delegation of the power specified in that
decision. It shall take effect the day following the publication of the decision in
the Official Journal of the European Union or at a later date specified therein.
It shall not affect the validity of any delegated acts already in force.’;
```

PE-CONS 36/23 WST/JGC/di 198

```
(c) paragraph 7 is replaced by the following:
```
```
‘7. A delegated act adopted pursuant to Article 7(3), fifth subparagraph,
Article 8(3), second subparagraph, Article 26(2), fourth subparagraph,
Article 26(2) fifth subparagraph, Article 27(3), Article 27(4), Article 27(6),
fourth subparagraph, Article 28(5), Article 28(6), second subparagraph,
Article 29a(3), Article 31(5), or Article 31a(2), second subparagraph, shall
enter into force only if no objection has been expressed either by the European
Parliament or the Council within a period of two months of notification of that
act to the European Parliament and to the Council or if, before the expiry of
that period, the European Parliament and the Council have both informed the
Commission that they will not object. That period shall be extended by two
months at the initiative of the European Parliament or of the Council.’;
```
(25) the Annexes are amended in accordance with the Annexes to this Directive.


PE-CONS 36/23 WST/JGC/di 199

```
Article 2
Amendments to Regulation (EU) 2018/1999
```
Regulation (EU) 2018/1999 is amended as follows:

(1) Article 2 is amended as follows:

```
(a) point (11) is replaced by the following:
```
```
‘(11) “the Union’s 2030 targets for energy and climate” means the Union-wide
binding target for reducing greenhouse gas emissions in 2030 referred to in
Article 4(1) of Regulation (EU) 2021/1119, the Union’s binding target for
renewable energy for 2030 set in Article 3(1) of Directive (EU) 2018/2001,
the Union-level target for improving energy efficiency in 2030 referred to in
Article 4(1) of Directive (EU) .../... of the European Parliament and of the
Council *+ , and the 15 % electricity interconnection target for 2030 or any
subsequent targets in that regard agreed by the European Council or by the
European Parliament and by the Council for 2030.
```
```
________________
* Directive (EU) .../... of the European Parliament and of the Council of ... on
energy efficiency and amending Regulation (EU) 2023/955 (OJ L ...).’;
```
**+** OJ: Please insert in the text the number of the Directive contained in document
PE-CONS 15/23 (2021/0203(COD)) and insert the number, date, title and OJ reference of
that Directive in the footnote.


PE-CONS 36/23 WST/JGC/di 200

```
(b) in point 20, point (b) is replaced by the following:
```
```
‘(b) in the context of Commission recommendations based on the assessment
pursuant to Article 29(1), point (b), with regard to energy from renewable
sources, a Member State’s early implementation of its contribution to the
Union’s binding target for renewable energy for 2030 set in Article 3(1) of
Directive (EU) 2018/2001 as measured against its national reference points for
renewable energy;’;
```
(2) in Article 4, point (a)(2) is replaced by the following:

```
‘(2) with respect to renewable energy:
```
```
With a view to achieving the Union’s binding target for renewable energy for 2030
set in Article 3(1) of Directive (EU) 2018/2001, a contribution to that target in terms
of the Member State’s share of energy from renewable sources in gross final
consumption of energy in 2030, with an indicative trajectory for that contribution
from 2021 onwards. By 2022, the indicative trajectory shall reach a reference point
of at least 18 % of the total increase in the share of energy from renewable sources
between that Member State’s binding 2020 national target, and its contribution to
the 2030 target. By 2025, the indicative trajectory shall reach a reference point of
at least 43 % of the total increase in the share of energy from renewable sources
between that Member State’s binding 2020 national target and its contribution to
the 2030 target. By 2027, the indicative trajectory shall reach a reference point of at
least 65 % of the total increase in the share of energy from renewable sources
between that Member State’s binding 2020 national target and its contribution to
the 2030 target.
```

PE-CONS 36/23 WST/JGC/di 201

```
By 2030, the indicative trajectory shall reach at least the Member State’s planned
contribution. If a Member State expects to surpass its binding 2020 national target,
its indicative trajectory may start at the level it is projected to achieve. The
Member States’ indicative trajectories, taken together, shall add up to the Union
reference points in 2022, 2025 and 2027 and to the Union’s binding target for
renewable energy for2030 set in Article 3(1) of Directive (EU) 2018/2001.
Separately from its contribution to the Union target and its indicative trajectory for
the purposes of this Regulation, a Member State shall be free to indicate higher
ambitions for national policy purposes.’;
```
(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.’.
```

PE-CONS 36/23 WST/JGC/di 202

```
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:

```
‘8. “supplier” means fuel supplier as defined in Article 2, second paragraph, point (38),
of Directive (EU) 2018/2001 of the European Parliament and of the Council * ;
```
9. “biofuels” means biofuels as defined in Article 2, second paragraph, point (33),
    of Directive (EU) 2018/2001;

```
______________
* 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).’;
```

PE-CONS 36/23 WST/JGC/di 203

(3) Article 4 is amended as follows:

```
(a) in paragraph 1, the second subparagraph is replaced by the following:
```
```
‘Member States shall require suppliers to ensure the placing on the market of diesel
with a fatty acid methyl ester (FAME) content of up to 7 %.’;
```
```
(b) paragraph 2 is replaced by the following:
```
```
‘2. Member States shall ensure that the maximum permissible sulphur content of
gas oils intended for use by non-road mobile machinery, including inland
waterway vessels, agricultural and forestry tractors and recreational craft
is 10 mg/kg. Member States shall ensure that liquid fuels other than those gas
oils may be used in inland waterway vessels and recreational craft only if the
sulphur content of those liquid fuels does not exceed the maximum permissible
content of those gas oils.’;
```
(4) Articles 7a to 7e are deleted;

(5) Article 9 is amended as follows:

```
(a) in paragraph 1, points (g), (h), (i) and (k) are deleted;
```
```
(b) paragraph 2 is deleted;
```
(6) Annexes I, II, IV and V are amended in accordance with Annex II to this Directive.


PE-CONS 36/23 WST/JGC/di 204

```
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 ... [18 months after the date of entry into force
    of this amending Directive].

```
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.
```

PE-CONS 36/23 WST/JGC/di 205

```
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.


PE-CONS 36/23 WST/JGC/di 206

```
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.

Done at ...,

_For the European Parliament For the Council
The President The President_


PE-CONS 36/23 WST/JGC/di 1

ANNEX I TREE.2 (^) **EN**

## ANNEX I

The Annexes to Directive (EU) 2018/2001 are amended as follows:

(1) in Annex I, the final row in the table is deleted;

(2) the following Annex is inserted:

```
‘ANNEX IA
NATIONAL HEATING AND COOLING SHARES OF ENERGY FROM RENEWABLE
SOURCES IN GROSS FINAL CONSUMPTION OF ENERGY FOR 2020- 2030
Additional top-ups to
Article 23(1)
(in percentage points)
for the period
2021 - 2025 *
```
```
Additional top-ups to
Article 23(1)
(in percentage points)
for the period
2026 - 2030 **
```
```
Resulting shares
including top-ups
without waste
heat and cold
(in percentage points)
Belgium 1,0 0,7 1,8
Bulgaria 0,7 0,4 1,5
Czechia 0,8 0,5 1,6
Denmark 1,2 1,1 1,6
Germany 1,0 0,7 1,8
Estonia 1,3 1,2 1,7
Ireland 2,3 2,0 3,1
Greece 1,3 1,0 2,1
Spain 0,9 0,6 1,7
France 1,3 1,0 2,1
Croatia 0,8 0,5 1,6
Italy 1,1 0,8 1,9
Cyprus 0,8 0,5 1,6
```

PE-CONS 36/23 WST/JGC/di 2

ANNEX I TREE.2 (^) **EN**
Additional top-ups to
Article 23(1)
(in percentage points)
for the period
2021 - 2025 *****
Additional top-ups to
Article 23(1)
(in percentage points)
for the period
2026 - 2030 ******
Resulting shares
including top-ups
without waste
heat and cold
(in percentage points)
Latvia 0,7 0,6 1,1
Lithuania 1,7 1,6 2,1
Luxembourg 2,3 2,0 3,1
Hungary 0,9 0,6 1,7
Malta 0,8 0,5 1,6
Netherlands 1,1 0,8 1,9
Austria 1,0 0,7 1,8
Poland 0,8 0,5 1,6
Portugal 0,7 0,4 1,5
Romania 0,8 0,5 1,6
Slovenia 0,8 0,5 1,6
Slovakia 0,8 0,5 1,6
Finland 0,6 0,5 1,0
Sweden 0,7 0,7 0,7
***** The flexibilities of Article 23(2), points (b) and (c), where they were taken into
****** account when^ calculating the top-ups and resulting shares.^
The flexibilities of Article 23(2), points (b) and (c), where they were taken into
account when calculating the top-ups and resulting shares.’;


PE-CONS 36/23 WST/JGC/di 3

ANNEX I TREE.2 (^) **EN**
(3) Annex III is replaced by the following:
‘ANNEX III
ENERGY CONTENT OF FUELS
Fuel
Energy content
by weight
(lower calorific
value, MJ/kg)
Energy content
by volume
(lower calorific
value, MJ/l)
FUELS FROM BIOMASS AND/OR BIOMASS
PROCESSING OPERATIONS
Bio-Propane 46 24
Pure vegetable oil (oil produced from oil plants
through pressing, extraction or comparable
procedures, crude or refined but chemically
unmodified)

## 37 34

```
Biodiesel - fatty acid methyl ester (methyl-ester
produced from oil of biomass origin)
```
## 37 33

```
Biodiesel - fatty acid ethyl ester (ethyl-ester
produced from oil of biomass origin)
```
## 38 34

```
Biogas that can be purified to natural gas quality 50 —
Hydrotreated (thermochemically treated with
hydrogen) oil of biomass origin, to be used for
replacement of diesel
```
## 44 34

```
Hydrotreated (thermochemically treated with
hydrogen) oil of biomass origin, to be used for
replacement of petrol
```
## 45 30

```
Hydrotreated (thermochemically treated with
hydrogen) oil of biomass origin, to be used for
replacement of jet fuel
```
## 44 34


PE-CONS 36/23 WST/JGC/di 4

ANNEX I TREE.2 (^) **EN**
Fuel
Energy content
by weight
(lower calorific
value, MJ/kg)
Energy content
by volume
(lower calorific
value, MJ/l)
Hydrotreated oil (thermochemically treated with
hydrogen) of biomass origin, to be used for
replacement of liquefied petroleum gas

## 46 24

```
Co-processed oil (processed in a refinery
simultaneously with fossil fuel) of biomass or
pyrolysed biomass origin to be used for
replacement of diesel
```
## 43 36

```
Co-processed oil (processed in a refinery
simultaneously with fossil fuel) of biomass or
pyrolysed biomass origin, to be used to replace
petrol
```
## 44 32

```
Co-processed oil (processed in a refinery
simultaneously with fossil fuel) of biomass or
pyrolysed biomass origin, to be used to replace jet
fuel
```
## 43 33

```
Co-processed oil (processed in a refinery
simultaneously with fossil fuel) of biomass or
pyrolysed biomass origin, to be used to replace
liquefied petroleum gas
```
## 46 23

## RENEWABLE FUELS THAT CAN BE

## PRODUCED FROM VARIOUS RENEWABLE

## SOURCES, INCLUDING BIOMASS

```
Methanol from renewable sources 20 16
Ethanol from renewable sources 27 21
Propanol from renewable sources 31 25
Butanol from renewable sources 33 27
```

PE-CONS 36/23 WST/JGC/di 5

ANNEX I TREE.2 (^) **EN**
Fuel
Energy content
by weight
(lower calorific
value, MJ/kg)
Energy content
by volume
(lower calorific
value, MJ/l)
Fischer-Tropsch diesel (a synthetic hydrocarbon or
mixture of synthetic hydrocarbons to be used for
replacement of diesel)

## 44 34

```
Fischer-Tropsch petrol (a synthetic hydrocarbon or
mixture of synthetic hydrocarbons produced from
biomass, to be used for replacement of petrol)
```
## 44 33

```
Fischer-Tropsch jet fuel (a synthetic hydrocarbon or
mixture of synthetic hydrocarbons produced from
biomass, to be used for replacement of jet fuel)
```
## 44 33

```
Fischer-Tropsch liquefied petroleum gas (a
synthetic hydrocarbon or mixture of synthetic
hydrocarbons, to be used for replacement of
liquefied petroleum gas
```
## 46 24

```
DME (dimethylether) 28 19
Hydrogen from renewable sources 120 —
ETBE (ethyl-tertio-butyl-ether produced on the
basis of ethanol)
```
```
36 (of which
33 % from
renewable
sources)
```
```
27 (of which
33 % from
renewable
sources)
MTBE (methyl-tertio-butyl-ether produced on the
basis of methanol)
```
```
35 (of which
22 % from
renewable
sources)
```
```
26 (of which
22 % from
renewable
sources)
TAEE (tertiary-amyl-ethyl-ether produced on the
basis of ethanol)
```
```
38 (of which
29 % from
renewable
sources)
```
```
29 (of which
29 % from
renewable
sources)
```

PE-CONS 36/23 WST/JGC/di 6

ANNEX I TREE.2 (^) **EN**
Fuel
Energy content
by weight
(lower calorific
value, MJ/kg)
Energy content
by volume
(lower calorific
value, MJ/l)
TAME (tertiary-amyl-methyl-ether produced on the
basis of methanol)
36 (of which
18 % from
renewable
sources)
28 (of which
18 % from
renewable
sources)
THxEE (tertiary-hexyl-ethyl-ether produced on the
basis of ethanol)
38 (of which
25 % from
renewable
sources)
30 (of which
25 % from
renewable
sources)
THxME (tertiary-hexyl-methyl-ether produced on
the basis of methanol)
38 of which
14 % from
renewable
sources)
30 (of which
14 % from
renewable
sources)
NON-RENEWABLE FUELS
Petrol 43 32
Diesel 43 36
Jet fuel 43 34
Hydrogen from non-renewable sources 120 —
’;


PE-CONS 36/23 WST/JGC/di 7

ANNEX I TREE.2 (^) **EN**
(4) Annex IV is amended as follows:
(a) the title is replaced by the following:
‘TRAINING AND CERTIFICATION OF INSTALLERS AND DESIGNERS OF
RENEWABLE ENERGY INSTALLATIONS’;
(b) the introductory sentence and the points 1, 2 and 3 are replaced by the following:
‘The certification or equivalent qualification schemes and training programmes
referred to in Article 18(3) shall be based on the following criteria:

1. The certification or equivalent qualification process shall be transparent and
    clearly defined by the Member States or by the administrative body that they
    appoint.

```
1a. The certificates issued by certification bodies shall be clearly defined and easy
to identify for workers and professionals seeking certification.
```
```
1b. The certification process shall enable installers to acquire the necessary
theoretical and practical knowledge and guarantee the existence of skills
needed to put in place high quality installations that operate reliably.
```
2. Installers of systems using biomass, heat pump, shallow geothermal, solar
    photovoltaic and solar thermal energy, including energy storage, and
    recharging points shall be certified by an accredited training programme or
    training provider or equivalent qualification schemes.


PE-CONS 36/23 WST/JGC/di 8

ANNEX I TREE.2 (^) **EN**

3. The accreditation of the training programme or provider shall be effected by
    Member States or by the administrative body that they appoint. The accrediting
    body shall ensure that the training, including upskilling and reskilling
    programmes, offered by the training provider are inclusive and have continuity
    and regional or national coverage.

```
The training provider shall have adequate technical facilities to provide
practical training, including sufficient laboratory equipment or corresponding
facilities to provide practical training.
```
```
The training provider shall offer, in addition to the basic training, shorter
refresher and upskilling courses organised in training modules allowing
installers and designers to add new competences, widen and diversify their
skills across several types of technology and their combinations. The training
provider shall ensure adaptation of training to new renewable energy
technology in the context of buildings, industry and agriculture. Training
providers shall recognise acquired relevant skills.
```
```
The training programmes and modules shall be designed to enable life-long
learning in renewable energy installations and be compatible with vocational
training for first time job seekers and adults seeking reskilling or
new employment.
```

PE-CONS 36/23 WST/JGC/di 9

ANNEX I TREE.2 (^) **EN**
The training programmes shall be designed in order to facilitate acquiring
qualifications covering different types of technology and solutions and avoid
limited specialisation in a specific brand or technology. The training provider
may be the manufacturer of the equipment or system, institutes
or associations.’;
(c) point 5 is replaced by the following:
‘5. The training course shall end with an examination leading to a certificate or
qualification. The examination shall include a practical assessment of
successfully installing biomass boilers or stoves, heat pumps, shallow
geothermal installations, solar photovoltaic or solar thermal installations,
including energy storage, or recharging points, enabling demand response.’;


PE-CONS 36/23 WST/JGC/di 10

ANNEX I TREE.2 (^) **EN**
(d) point 6(c) is amended as follows:
(i) the introductory wording is replaced by the following:
‘(c) The theoretical part of the heat pump installer training should give an
overview of the market situation for heat pumps and cover geothermal
energy sources and ground source temperatures of different regions, soil
and rock identification for thermal conductivity, regulations on using
geothermal energy sources, feasibility of using heat pumps in buildings
and determining the most suitable heat pump system, and knowledge
about their technical requirements, safety, air filtering, connection with
the heat source and system layout, and integration with energy storage
solutions, including in combination with solar installations. The training
should also provide good knowledge of any European standards for heat
pumps, and of relevant national and Union law. The installer should
demonstrate the following key competences:’;


PE-CONS 36/23 WST/JGC/di 11

ANNEX I TREE.2 (^) **EN**
(ii) point (iii) is replaced by the following:
‘(iii) the ability to choose and size the components in typical installation
situations, including determining the typical values of the heat load of
different buildings and for hot water production based on energy
consumption, determining the capacity of the heat pump on the heat load
for hot water production, on the storage mass of the building and on
interruptible current supply; determine energy storage solutions,
including via the buffer tank component and its volume and integration
of a second heating system;
(iv) an understanding of feasibility and design studies;
(v) an understanding of drilling, in the case of geothermal heat pumps.’;


PE-CONS 36/23 WST/JGC/di 12

ANNEX I TREE.2 (^) **EN**
(e) point 6(d) is amended as follows:
(i) the introductory wording is replaced by the following:
‘(d) The theoretical part of the solar photovoltaic and solar thermal installer
training should give an overview of the market situation of solar products
and cost and profitability comparisons, and cover ecological aspects,
components, characteristics and dimensioning of solar systems, selection
of accurate systems and dimensioning of components, determination of
the demand for heat, options for integrating energy storage solutions, fire
protection, related subsidies, as well as the design, installation and
maintenance of solar photovoltaic and solar thermal installations. The
training should also provide good knowledge of any European standards
for technology, and certification such as Solar Keymark, and related
national and Union law. The installer should demonstrate the following
key competences:’;
(ii) point (ii) is replaced by the following:
‘(ii) the ability to identify systems and their components specific to active and
passive systems, including the mechanical design, and to determine the
location of the components, the system layout and the configuration, and
options for the integration of energy storage solutions, including through
combination with recharging stations.’;


PE-CONS 36/23 WST/JGC/di 13

ANNEX I TREE.2 (^) **EN**
(5) in Annex V, part C is amended as follows:
(a) point 6 is replaced by the following:
‘6. For the purposes of the calculation referred to in point 1(a), greenhouse gas
emissions savings from improved agriculture management, esca, such as
shifting to reduced or zero-tillage, improved crops and crop rotation, the use of
cover crops, including crop residue management, and the use of organic soil
improver, such as compost and manure fermentation digestate, shall be taken
into account only if they do not risk to negatively affect biodiversity. Further,
solid and verifiable evidence shall be provided that the soil carbon has
increased or that it is reasonable to expect to have increased over the period in
which the raw materials concerned were cultivated while taking into account
the emissions where such practices lead to increased fertiliser and
herbicide use *****.
__________________
***** Measurements of soil carbon can constitute such evidence, e.g. by a first
measurement in advance of the cultivation and subsequent ones at regular
intervals several years apart. In such a case, before the second measurement is
available, increase in soil carbon would be estimated on the basis of
representative experiments or soil models. From the second measurement
onwards, the measurements would constitute the basis for determining the
existence of an increase in soil carbon and its magnitude.’;


PE-CONS 36/23 WST/JGC/di 14

ANNEX I TREE.2 (^) **EN**
(b) point 15 is replaced by the following:
‘15. Emissions savings from CO 2 capture and replacement, eccr, shall be related
directly to the production of the biofuels or bioliquids to which they are
attributed, and shall be limited to emissions avoided through the capture
of CO 2 of which the carbon originates from biomass and which is used to
replace fossil-derived CO 2 in the production of commercial products and
services before 1 January 2036.’;
(c) point 18 is replaced by the following:
‘18. For the purposes of the calculations referred to in point 17, the emissions to be
divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take
place up to and including the process step at which a co-product is produced.
If any allocation to co-products has taken place at an earlier process step in the
life-cycle, the fraction of those emissions assigned in the last such process step
to the intermediate fuel product shall be used for those purposes instead of the
total of those emissions. In the case of biofuels and bioliquids, all co-products
that do not fall under the scope of point 17 shall be taken into account for the
purposes of that calculation.
Co-products that have a negative energy content shall be considered to have an
energy content of zero for the purposes of the calculation.


PE-CONS 36/23 WST/JGC/di 15

ANNEX I TREE.2 (^) **EN**
As a general rule, wastes and residues including all wastes and residues
included in Annex IX shall be considered to have zero life-cycle greenhouse
gas emissions up to the process of collection of those materials irrespectively
of whether they are processed to interim products before being transformed
into the final product.
In the case of biomass fuels produced in refineries, other than the combination
of processing plants with boilers or cogeneration units providing heat and/or
electricity to the processing plant, the unit of analysis for the purposes of the
calculation referred to in point 17 shall be the refinery’;
(6) In Annex VI, part B is amended as follows:
(a) point 6 is replaced by the following:
‘6. For the purposes of the calculation referred to in point 1(a), greenhouse gas
emissions savings from improved agriculture management, esca, such as
shifting to reduced or zero-tillage, improved crops and crops rotation, the use
of cover crops, including crop residue management, and the use of organic soil
improver, such as compost and manure fermentation digestate, shall be taken
into account only if they do not risk to negatively affect biodiversity. Further,
solid and verifiable evidence shall be provided that the soil carbon has
increased or that it is reasonable to expect to have increased over the period in
which the raw materials concerned were cultivated while taking into account
the emissions where such practices lead to increased fertiliser and
herbicide use *****.


PE-CONS 36/23 WST/JGC/di 16

ANNEX I TREE.2 (^) **EN**

## ___________________

```
* Measurements of soil carbon can constitute such evidence, e.g. by a first
measurement in advance of the cultivation and subsequent ones at regular
intervals several years apart. In such a case, before the second measurement is
available, increase in soil carbon would be estimated on the basis of
representative experiments or soil models. From the second measurement
onwards, the measurements would constitute the basis for determining the
existence of an increase in soil carbon and its magnitude.’;
(b) point 15 is replaced by the following:
```
```
‘15. Emissions savings from CO 2 capture and replacement, eccr, shall be related
directly to the production of biomass fuels to which they are attributed, and
shall be limited to emissions avoided through the capture of CO 2 of which the
carbon originates from biomass and which is used to replace fossil-derived
CO 2 in the production of commercial products and services
before 1 January 2036.’;
```
```
(c) point 18 is replaced by the following:
```
```
‘18. For the purposes of the calculations referred to in point 17, the emissions to be
divided shall be eec + el + esca + those fractions of ep, etd, eccs and eccr that take
place up to and including the process step at which a co-product is produced.
If any allocation to co-products has taken place at an earlier process step in the
life-cycle, the fraction of those emissions assigned in the last such process step
to the intermediate fuel product shall be used for those purposes instead of the
total of those emissions.
```

PE-CONS 36/23 WST/JGC/di 17

ANNEX I TREE.2 (^) **EN**
In the case of biogas and biomethane, all co-products that do not fall under the
scope of point 17 shall be taken into account for the purposes of that
calculation. Co-products that have a negative energy content shall be
considered to have an energy content of zero for the purposes of
the calculation.
As a general rule, wastes and residues including all wastes and residues
included in Annex IX shall be considered to have zero life-cycle greenhouse
gas emissions up to the process of collection of those materials irrespectively
of whether they are processed to interim products before being transformed
into the final product.
In the case of biomass fuels produced in refineries, other than the combination
of processing plants with boilers or cogeneration units providing heat and/or
electricity to the processing plant, the unit of analysis for the purposes of the
calculation referred to in point 17 shall be the refinery’;
(7) in Annex VII, in the definition of ‘Qusable’, the reference to Article 7(4) is replaced by a
reference to Article 7(3);


PE-CONS 36/23 WST/JGC/di 18

ANNEX I TREE.2 (^) **EN**
(8) Annex IX is amended as follows:
(a) in Part A, the introductory phrase is replaced by the following:
‘Feedstocks for the production of biogas for transport and advanced biofuels:’;
(b) in Part B, the introductory phrase is replaced by the following:
‘Feedstocks for the production of biofuels and biogas for transport, the contribution
of which towards the targets referred to in Article 25(1), first subparagraph, point (a),
shall be limited to:’.


PE-CONS 36/23 WST/JGC/di 1

ANNEX II TREE.2 (^) **EN**

## ANNEX II

Annexes I, II, IV and V to Directive 98/70/EC are amended as follows:

(1) Annex I is amended as follows:

```
(a) footnote 1 is replaced by the following:
```
```
‘ (1) Test methods shall be those specified in EN 228:2012+A1:2017.
Member States may adopt the analytical method specified in replacement
EN 228:2012+A1:2017 standard if it can be shown to give at least the same
accuracy and at least the same level of precision as the analytical method
it replaces.’;
```
```
(b) footnote 2 is replaced by the following:
```
```
‘ (2) the values quoted in the specification are “true values”. In the establishment of
their limit values, the terms of EN ISO 4259-1:2017/A1:2021 “Petroleum and
related products — Precision of measurement methods and results – Part 1:
Determination of precision data in relation to methods of test” have been
applied and in fixing a minimum value, a minimum difference of 2R above
zero has been taken into account (R = reproducibility). The results of
individual measurements shall be interpreted on the basis of the criteria
described in EN ISO 4259-2:2017/A1:2019.’;
```

PE-CONS 36/23 WST/JGC/di 2

ANNEX II TREE.2 (^) **EN**
(c) footnote 6 is replaced by the following:
‘ **(6)** Other mono-alcohols and ethers with a final boiling point no higher than that
stated in EN 228:2012 +A1:2017.’;
(2) Annex II is amended as follows:
(a) in the last line of the table, ‘FAME content – EN 14078’, the entry in the last column
‘Limits’ ‘Maximum’, ‘7,0’ is replaced by ‘10.0’;
(b) footnote 1 is replaced by the following:
‘ **(1)** Test methods shall be those specified in EN 590:2013+A1:2017.
Member States may adopt the analytical method specified in replacement
EN 590:2013+A1:2017 standard if it can be shown to give at least the same
accuracy and at least the same level of precision as the analytical method
it replaces.’;


PE-CONS 36/23 WST/JGC/di 3

ANNEX II TREE.2 (^) **EN**
(c) footnote 2 is replaced by the following:
‘ **(2)** The values quoted in the specification are “true values”. In the establishment of
their limit values, the terms of EN ISO 4259-1:2017/A1:2021 ‘Petroleum and
related products — Precision or measurement methods and results – Part 1:
Determination of precision data in relation to methods of test’ have been
applied and in fixing a minimum value, a minimum difference of 2R above
zero has been taken into account (R = reproducibility). The results of
individual measurements shall be interpreted on the basis of the criteria
described in EN ISO 4259-2:2017/A1:2019.’;
(3) Annexes IV and V are deleted.


