Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Governance of the Energy Union, amending Directive 94/22/EC, Directive 98/70/EC, Directive 2009/31/EC, Regulation (EC) No 663/2009, Regulation (EC) No 715/2009, Directive 2009/73/EC, Council Directive 2009/119/EC, Directive 2010/31/EU, Directive 2012/27/EU, Directive 2013/30/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 - Preparation of final trilogue - Hoofdinhoud

Council of the European Union

Brussels, 12 June 2018 (OR. en)

9566/18

Interinstitutional File: 2016/0375 (COD) i

ENER 215 CLIMA 93 CODEC 910

NOTE

From: General Secretariat of the Council

To: Permanent Representatives Committee

No. Cion doc.: 15090/1/16 ENER 412 CLIMA 167 IA 123 CODEC 1788 REV 1

• + 

  ADD 1 REV 1

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND

OF THE COUNCIL on the Governance of the Energy Union, amending Directive 94/22/EC i, Directive 98/70/EC i, Directive 2009/31/EC i, Regulation (EC) No 663/2009 i, Regulation (EC) No 715/2009 i, Directive 2009/73/EC i, Council Directive 2009/119/EC i, Directive 2010/31 i/EU, Directive 2012/27 i/EU, Directive 2013/30 i/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 i

• - 

  Preparation of final trilogue

• 1. 

  From February to May, three trilogue meetings were held on this draft Regulation. The fourth

  and final trilogue is scheduled to take place on 19 June. Provisional agreement has been

  reached on a large number of issues, but several issues remain to be agreed during the last

  trilogue.

  The current state of play on the last outstanding issues is set out in point 2 below. Issues that

  were provisionally agreed at technical level are set out in point 3. Three more outstanding

  issues on which the Presidency invites delegations to provide clear guidance are presented in

  points 4, 5 and 6, relating to energy efficiency first, delegated vs. implementing acts, and to

  reporting requirements on biofuels, biomass and bioenergy.

• 2. 

  State of play on last outstanding issues

(a) Level of the three reference points in 2022, 2025 and 2027

In the context of the renewables trajectories, the level of the three reference points in Art.

4(a)(2)) has so far not been subject to negotiations with the EP. National contributions start

from '0%' on 1 January 2021 and must reach at least 100% by 31 December 2030. A linear

trajectory as requested by the EP, would mean 20% by (31 December) 2022, 50% by 2025

and 70% by 2027.

The Council GA and the current Presidency compromise contain percentages corresponding

to 80% of linearity in 2022 (16%) and 2025 (40%), and to 86% linearity in 2027 (60%).

Both institutions agree that the levels apply to both the Union trajectory and to the trajectories

of individual Member States.

2022 2025 2027

EP 20% 50% 70%

Council 16% 40% 60%

Having regard to the opposition of most delegations to a linear trajectory, and to the concern

shared by all institutions to guarantee the collective achievement of the binding EU target by

2030, a final Council compromise offer could for example correspond to 80%, 85% and 90%

of linearity, i.e. 16% in 2022, 43% in 2025 (rounded up from 42.5), and 63% in 2027. In

short, flexibility could be offered to the EP either in general - by raising a bit the levels of all

three reference points - or by raising the level of the first reference point (2022) or of the last

reference point (2027).

(b) Committees

On the Committees in Article 37, an agreement in principle could be reached in the third

trilogue meeting. However, further work at technical level is still ongoing in order to

determine the exact division of competences between the two Committees and the need to

avoid overlaps. Furthermore, the EP maintains its request for using delegated acts instead of

implementing acts in Articles 27(4ter) and 30(6). Considering the developments so far and the

aim to reach a final compromise solution, the Presidency suggests moving the GHG

inventories and the GHG PAMS and projections under the CCC (Climate Change Committee)

while keeping them as reporting requirement under Art. 15. Relevant changes have been

introduced in Art. 23(6), Art. 32(3) and Art. 37.

(c) Early efforts: as from 2005 or 2021 ?

In the context of Member States' contributions in the area of renewable energy, the only

outstanding issue is the 'early efforts' that may be taken into account as a 'relevant

circumstance' by a Member State when it establishes its national contribution (Art. 5, para. 1

(d)(v)). Council insists that 'early efforts' be counted as from 2005, whereas the EP proposes

to count them from 2021 onwards.

The corresponding definition of 'early efforts' is set out in AM 53 (new Art. 2(2)(11a)), and

the obligation for the Commission to have due regard for these relevant circumstances when

assessing the contributions of Member States ambition/progress gap-filling mechanism is

established in Art. 27(1).

(d) Dates of submission of draft national plans and Commission recommendations thereon

In Article 9 on the draft national plans, in the first paragraph, the EP has indicated that it will

insist on negotiating the date on which Member States have to submit their first draft national

plans. The Council's General Approach sets that date at 31 December 2018, but the EP,

supported by the Commission, strongly insists on negotiating an earlier date that would lie

between 1 September and 31 December 2018.

Furthermore, in the second paragraph, the EP, supported by the Commission, wants to delay

the issuing of Commission recommendations to Member States. The Council proposes that

the Commission should send its recommendation six months before the Member States' final

plans are due, but the EP wants to reduce this period in the final trilogue to between 3 to 6

months.

(e) Multilevel Climate and Energy Dialogue Platforms

The EP has proposed to add a new Article 10a establishing in each Member State a permanent

Multilevel Climate and Energy Dialogue Platform. As a compromise, Council accepted the

addition of an Article along these lines (including a compromise recital 20ter): this text

obliges all Member States, in particular those that have no such structure in place yet, to

consider establishing such a permanent Dialogue Platform. The EP, however, maintains its

request to make it obligatory for any Member State that does not have such a structure in

place to establish such a platform.

(f) Gap filler mechanism for renewable energy and energy efficiency

On Article 27 and the issue of what will happen if the Member States planned contributions

for renewable energy do not add up to the 2030 Union target, good progress was made in the

Energy Working Party in preparing a text that is much closer to the EP's position 1 . However,

on 31 May the EP presented a new compromise text proposal for Article 27 2 . This text most

importantly proposes a gap filling mechanism for energy efficiency, as well as a number of

other changes.

1 cf. Note to Coreper 8536/18 p. 5

2 cf. WK 6381/2018

After receiving strong negative feedback from the Member States in the Energy Working

Party on the 5 th of June, the Presidency was able to achieve some progress and to

provisionally agree with the Parliament on the following issues in Art. 27:

• - 

  in para. 1, the Presidency proposes to: (i) add an explicit reference to the Commission

  assessment in case of a gap in the area of energy efficiency in order to put energy

  efficiency and renewable energy on an equal footing, politically speaking (this does not

  mean that the gap-filling mechanism will be the same as for renewables); (ii) keep the

  reference to the “iterative process”; (iii) insert a subparagraph which will provide more

  clarity on the Commission’s assessment in case of a gap (the reference to “modelling

  exercises” mirrors the text in Art. 25 (3) (c)); (iv) insert a provision which will stimulate

  the Member States to submit on time but which makes it clear that there is no automatic

  national contribution setting (as the result from the formula will only be “assumed by

  the Commission”).

• - 

  in paragraph 1bis, the Presidency rejects the EP proposals and maintains the Council

  GA;

• - 

  in paragraphs 2 and 2bis, the Presidency introduces technical changes in the text to meet

  the EP request;

• - 

  in paragraph 3, the Presidency proposes a change in order to avoid the legal concerns

  that the Regulation cannot impose conditionality on the Commission’s right of

  initiative;

• - 

  in paragraph 3a, the Presidency rejects the EP proposals and maintains the Council GA;

• - 

  in paragraph 4, the EP accepted the changes proposed by the Presidency; the only

  remaining political issue is whether the Commission will assess only the EU trajectory

  or - as requested by the EP - also the Member State trajectories.

• - 

  in paragraph 4bis, the Presidency rejects the EP proposals and maintains the Council

  GA; - in paragraph 5, the Presidency has put in square brackets the text that describes what

  will be the result of an ambition gap, as this issue depends on the nature of the overall

  EU energy efficiency target (binding vs. indicative).

(g) Political monitoring of the governance

In response to the Article 29bis inserted by Council which establishes an annual review by the

Council of progress, the EP has indicated that it refuses to accept this provision, and has

presented instead a compromise text for a Joint Declaration 3 . Given this situation, the

Presidency, on the basis of the DE/FR/LU non-paper WK 7065/2018, proposes a revised

compromise text which includes a new recital. However, the Presidency also invites

delegations to consider the option of having a Council Declaration on this issue, as a

compromise solution.

(h) Long-term low emission strategies

As a key climate element, Article 14 related to the long-term strategies is expected to evoke

extensive discussions at the final trialogue. Although the Council revised the general approach

and made a step toward the EP with new mandate on the newly introduced aspects by the EP

(introducing obligations for the Commission to assess various scenarios for the EU

contribution to the targets in the Paris agreement, including net-zero GHG by 2050, negative

emissions and the implication on the global and EU carbon budget) there is still a gap

between the positions related to these elements. In addition the EP introduced an obligatory

Annex IIa containing a detailed set of elements to be included in the long-term strategies of

the Member States. The Council made it lighter in substance and non-binding. Following the

technical meeting with the EP on 8 June, the Presidency suggests introducing a few more

technical changes in Art. 14, including a compromise for the name of the strategies in order to

find common ground with the EP.

3 cf. WK 6381/2018

• 3. 

  Provisionally agreed issues

  In Technical Meetings in recent weeks, the negotiation teams reached compromises on a

  number of issues, both political and technical in nature, which are considered 'provisionally

  closed', pending confirmation at political level. If the ‘provisional agreements’ are confirmed

  by Coreper, these issues will be approved at the trilogue without further discussion; this will

  reduce the still considerable number of outstanding issues that have to be negotiated at the last

  trilogue on the 19 th of June. The Presidency considers that the provisional agreements are

  balanced and has tried to receive reciprocal concessions from the EP on each of them. It

  should be noted that these agreements are only provisional and should be confirmed by

  Coreper. Given that this is the final stage of the negotiations, and the progress that has been

  achieved, the Presidency expects the delegations to object to the agreements only if they cross

  red lines for the respective Member States. These agreements include the following:

  3.1. Article 1 – Subject matter and scope

  The Presidency proposes to accept a general reference to "just transition" in Recital 13 and in

  Annex I, Part 1, Section B 5.2. and to accept the reference to “ensuring full participation of

  the general public and local authorities”. In return, the EP agrees to drop its proposal in Art.

  1(1)(bc) and to accept the rest of the text from the Council GA. The EP also insists that the

  Presidency seeks a reaction from the Member States on whether they can agree to drop “and

  to the extent feasible” in Annex I, Part 1, Section B 5.2.

  3.2. Dimension “Internal Energy Market” in Art. 4 (d)

  As regards interconnectivity, the Presidency agreed in AM 83 to keep in the body of the text a

  general reference to the indicators of the urgency of action and the sentence on socioeconomic

  and environmental cost-benefit analysis, while the Parliament agreed to drop its text in AM 83

  and to keep the precise description of the indicators of urgency unchanged in the Annex I,

  Part I, Section A, Part 2.4.1; As regards the other elements of the Internal Energy Market dimension, the Presidency agreed

  to keep in AM 85 a reference to “policies and measures related to market-based price

  formation in compliance with applicable legislation” as a neutral expression which is in line

  with, and does not prejudge, the text of the Electricity Regulation and Electricity Directive. In

  turn, the Parliament agreed to drop its AM 84 on national objectives for transmission and

  distribution infrastructure, to insert AM 86 and 97 in the Annex with “if appropriate”, and to

  drop its AMs related to capacity mechanisms and bidding zones (AM 85 and 151).

  3.3. Dimension “Research, Innovation and Competitiveness” – Art. 4, Art. 22 and Annex I

  part 1 Section A, Part 2.5

  The Presidency offers to accept AM 90 with “where available” in the beginning and to use

  the neutral wording “clean energy technologies” as a compromise between “low carbon

  technologies” (which is strongly opposed by EP) and “sustainable technologies” (which is

  strongly opposed by the majority of MS). This wording of “clean energy technologies” will

  be used also in AM 155 and 240. In turn, the EP agrees to drop its AM 89 and to accept the

  rest of the text of the Council GA.

  3.4. Article 11 – Regional cooperation

  The Presidency agreed partially with the numerous changes proposed by the Parliament whilst

  respecting the Member States' wishes to have a bottom-up approach, a clear definition of the

  scope of regional cooperation, a minimal administrative burden and no obligation for

  cooperation with third countries. In turn, the Parliament agreed with the changes proposed by

  the Presidency and agreed to drop the reference to “macro” in Art. 11 and elsewhere in the

  text.

  3.5. Fossil fuels subsidies

  Following the mandate from Coreper on 16 May, the Presidency explored possible

  compromise solutions and proposes to the Council to accept the proposed compromise texts in

  AM 17, AM 156, AM 193, AM 248 and AM 258. In these texts the Council agrees to a

  reference to “energy subsidies, in particular for fossil fuels” and in turn the EP agrees to drop

  its exclusive focus on fossil fuel subsidies, to drop the deadline of 2020, and to leave “if

  applicable” in the compromise for AM 248.

  3.6. Art. 27bis

  The EP agreed with the proposed changes by the Presidency, so as a result the text of Art.

  27bis will refer to financial “mechanism” instead of “platform”, and in paragraph 5 the

  projects financed by other sources will count towards the EU target. The only open issue in

  this Article which will have to be agreed is “implementing acts” vs. “delegated acts”.

• 4. 

  Energy efficiency first

  One major outstanding issue which the Parliament presents as a very high priority is the

  “energy efficiency first” principle. On the basis of the COREPER discussion on 11 April

  (doc. 6794/18), the Presidency has always underlined to the EP that Council refuses to accept

  a definition and is ready to accept only a compromise recital (39bis); the Parliament maintains

  however that this is unacceptable. In this situation and bearing in mind the final stage of these

  negotiations, the Presidency would like to receive delegations' political guidance on the

  following question: “Are the Member States ready, as a final compromise, to accept, along

  with the recital on “energy efficiency first” principle, also a definition in Art. 2 (17a) which

  will reflect the text from the recital, and a reference to the “energy efficiency first” principle

  in Art. 3(3)(b), if in turn the Parliament agrees to drop its AM 191, 256 and 260 (see AM 46,

  54, 191, 256, 260, and Article 3(3)(b)), as set out in WK 6998/2018). As a result, there would

  be a recital, a definition, and a 'reflection of the principle' in Article 3, but no operative

  obligations for Member States in terms of planning or reporting on the implementation of the

  principle.

• 5. 

  Delegated vs. implementing acts

  Additionally, in order to solve the outstanding issue of “delegated vs implementing acts”,

  the Presidency invites delegations to indicate whether they could accept a compromise in

  which Council agrees with a delegated act on the national inventory systems in Art. 30(6), if

  in turn the Parliament agrees with an implementing act on the financing mechanism in Art.

  27bis(3)?

• 6. 

  Reporting on biofuels, biomass and bioenergy

  At the last technical meeting on 8 June, the EP raised the issue of reporting on biofuels,

  biomass and bioenergy which relates to Article 18, Annex I Part 1, and Annexes VII and VIII.

  The EP informed the Presidency that it insists on most of its amendments and does not accept

  the text of the Council GA in a number of cases where this text differs from the Commission's

  original proposal. The Presidency informed the EP that the reporting burden on these issues

  has led the Council to delete many reporting obligations, that the reporting burden is an

  important concern of the Council in the context of an overall compromise, and that

  delegations would need to be consulted on possible compromises. Pending further last-minute

  technical consultations with the EP on this issue, delegations are invited to express themselves

  on the EP requests. To facilitate the discussion, all the related EP requests in the

  aforementioned parts of the text are highlighted in blue.

• 7. 

  Delegations should note that the text as reflected in the Annex will still have to be aligned in

  some places with the final texts of the Energy Efficiency and Renewable Energy Directives

  following the final trilogue meetings on those proposals, and that the text of the recitals -

  although already updated and aligned to the extent possible - will also have be aligned with

  the final text of the Articles in several places.

• 8. 

  Coreper is invited to provide guidance for the Presidency, including on the issues set out in

  points 4, 5 and 6, and to agree on a mandate for the Presidency for the fourth and final

  trilogue on 19 June on the basis of the text reflected in the Annex.

  ______________________

  FOURTH COLUMN explanations

The fourth column contains Presidency compromise suggestions. In that column, bold italics text indicates

text as it was proposed by the EP.

Bold text indicates compromise texts proposed by the Presidency in response to EP amendments *).

Highlighted underlined bold text (normal or italics) indicates new text as compared to the previous

documents 9103/18, WK 6381/2018 and WK 6583/2018. N.B. some of the texts in these WK's were not

discussed in the EWP in depth; these parts remain highlighted underlined bold.

Where the fourth column is unmarked, or marked "Maintain Council GA", at this stage, it is proposed

that Council maintains its General Agreement position as reflected in the third column.

N.B. some recitals remain subject to alignment with the corresponding provisions in the Articles.

N.B. Where footnotes from the Commission proposal remain unchanged across the four columns, the footnote is only reproduced once; such deleted footnotes are marked with *.

*) N.B. in some cases, the bold text is simply copied from the Council GA text, where it indicates a change compared to the Commission proposal.

ANNEX

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the Governance of the Energy Union, amending Directive 94/22/EC i, Directive 98/70/EC i, Directive 2009/31/EC i, Regulation (EC) No 663/2009 i, Regulation (EC) No 715/2009 i, Directive

2009/73/EC, Council Directive 2009/119/EC i, Directive 2010/31 i/EU, Directive 2012/27 i/EU, Directive 2013/30 i/EU and Council Directive (EU) 2015/652 and repealing Regulation (EU) No 525/2013 i

COMMISSION PROPOSAL EP AMENDMENTS COUNCIL GENERAL Presidency compromise proposals APPROACH

(COD 2016/0375 - docs. 15090/1/16 Provisional text (as adopted 17/1/2018, REV 1 (en) + ADD 1 REV 1 (en)) doc. 5351/18) (docs. 15235/17 and 15891/17)

Proposal for a REGULATION OF Proposal for a REGULATION OF

THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT N.B. in several places, the recitals still AND OF THE COUNCIL on the AND OF THE COUNCIL on the require alignment with the content of Governance of the Energy Union, Governance of the Energy Union and the Articles.

amending Directive 94/22/EC i, Climate Action, amending Directive

Directive 98/70/EC i, Directive 94/22/EC i, Directive 98/70/EC i,

2009/31/EC, Regulation (EC) No Directive 2009/31/EC i, Regulation

663/2009, Regulation (EC) No (EC) No 663/2009, Regulation (EC)

715/2009, Directive 2009/73/EC i, No 715/2009, Directive 2009/73/EC i,

Council Directive 2009/119/EC i, Council Directive 2009/119/EC i,

Directive 2010/31 i/EU, Directive Directive 2010/31 i/EU, Directive

2012/27/EU, Directive 2013/30 i/EU 2012/27/EU, Directive 2013/30 i/EU and Council Directive (EU) 2015/652 and Council Directive (EU) 2015/652 and repealing Regulation (EU) No and repealing Regulation (EU) No 525/2013 i 525/2013 (Text with EEA relevance) (Text with EEA relevance)

ANNEX DG E 2B EN

THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT

AND THE COUNCIL OF THE AND THE COUNCIL OF THE

EUROPEAN UNION, EUROPEAN UNION,

Having regard to the Treaty on the

Having regard to the Treaty on the Functioning of the European Union,

Functioning of the European Union, and in particular Article 192(1) and and in particular Article 192(1) and Article 194(2) thereof, Article 194(2) thereof,

Having regard to the proposal from the

Having regard to the proposal from the European Commission,

European Commission,

After transmission of the draft

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

[Having regard to the opinion of the

[Having regard to the opinion of the European Economic and Social

European Economic and Social Committee 4 ,]

Committee*,]

[Having regard to the opinion of the

[Having regard to the opinion of the Committee of the Regions 5 ,]

Committee of the Regions*,]

Acting in accordance with the ordinary

Acting in accordance with the ordinary legislative procedure, legislative procedure,

Whereas:

Whereas:

4 OJ C , , p. .

5 OJ C , , p. .

ANNEX DG E 2B EN

RECITALS

AM 1 Accept (1) This Regulation sets out the (1) This Regulation sets out the (1) This Regulation sets out the necessary legislative foundation for a necessary legislative foundation for a necessary legislative foundation for a reliable and transparent Governance reliable, inclusive, cost-efficient, reliable and transparent Governance that ensures the achievement of the transparent and predictable that ensures the achievement of the objectives and targets of the Energy Governance that ensures the objectives and targets of the Energy

Union through complementary, achievement of the 2030 and long Union through complementary, coherent and ambitious efforts by the term objectives and targets of the coherent and ambitious efforts by the

Union and its Member States, while Energy Union in line with the 2015 Union and its Member States, while promoting the Union's Better Paris Agreement on climate change promoting the Union's Better

Regulation principles. following the 21st Conference of the Regulation principles.

Parties to the United Nations Framework Convention on Climate Change (the “Paris Agreement”), through complementary, coherent, and ambitious efforts by the Union and its Member States, while limiting administrative complexity.

• (2) 

  The European Energy Union (2) The European Energy Union should cover five key dimensions: should cover five key dimensions: energy security; the internal energy energy security; the internal energy market; energy efficiency; market; energy efficiency; decarbonisation; and research, decarbonisation; and research, innovation and competitiveness. innovation and competitiveness.

ANNEX DG E 2B EN

AM 3 Accept in part (3) The goal of a resilient Energy (3) The goal of a resilient Energy (3) The goal of a resilient Energy (3) The goal of a resilient Energy Union with an ambitious climate Union with an ambitious climate Union with an ambitious climate Union with an ambitious climate policy at its core is to give Union policy at its core is to give Union policy at its core is to give Union policy at its core is to give Union consumers, both households and consumers, both households and consumers, both households and consumers, both households and businesses, secure, sustainable, businesses, secure, sustainable, businesses, secure, sustainable, businesses, secure, sustainable, competitive and affordable energy, competitive and affordable energy, and competitive and affordable energy, competitive and affordable energy, and which requires a fundamental to foster research and innovation by which requires a fundamental to foster research and innovation by transformation of Europe's energy means of attracting investments, transformation of Europe's energy means of attracting investments, system. That objective can only be which requires a fundamental system. This transformation of the which requires a fundamental achieved through coordinated action, transformation of Europe's energy energy system is also closely linked transformation of Europe's energy combining both legislative and nonsystem. That objective can only be to the need to preserve, protect and system. This transformation of the legislative acts at Union and national achieved through coordinated action, improve the quality of the energy system is also closely linked level. combining both legislative and nonenvironment and to promote the to the need to preserve, protect and

legislative acts at Union, macroprudent and rational utilisation of improve the quality of the regional, regional, national, and local natural resources, notably through environment and to promote the level. the promotion of energy efficiency prudent and rational utilisation of and energy savings and the natural resources, notably through development of new and renewable the promotion of energy efficiency forms of energy. That goal [ ] can and energy savings and the only be achieved through coordinated development of new and renewable action, combining both legislative and forms of energy. That goal [ ] can non-legislative acts at Union and only be achieved through coordinated national level. action, combining both legislative and non-legislative acts at Union, [ ] regional, [ ] national and local level.

ANNEX DG E 2B EN

AM 4 Accept Recital 3 a (new)

(3a) A fully functional and resilient Energy Union would convert the Union into a leading region for innovation, investments, growth and social and economic development, in turn providing a good example of how pursuing high ambitions in terms of climate change mitigation is intertwined with measures to foster innovation, investments and growth. AM 5 Accept in part:

• (4) 

  The Commission's proposal was (4) The Commission's proposal was (4) The Commission's proposal was (4) The Commission's proposal was developed in parallel to and is adopted developed in parallel to and is adopted developed in parallel to and is adopted developed in parallel to and is adopted together with a series of initiatives in together with a series of initiatives in together with a series of initiatives in together with a series of initiatives in sectorial energy policy, notably with sectorial energy policy, notably with sectorial energy policy, notably with sectorial energy policy, notably with regard to renewable energy, energy regard to renewable energy, energy regard to renewable energy, energy regard to renewable energy, energy efficiency and market design. Those efficiency (including on the energy efficiency and market design. Those efficiency (including on the energy initiatives form a package under the performance of buildings) and market initiatives form a package under the performance of buildings) and market overarching theme of energy efficiency design. Those initiatives form a overarching theme of energy efficiency design. Those initiatives form a first, the Union’s global leadership in package under the overarching theme first, the Union’s global leadership in package under the overarching theme renewables, and a fair deal for energy of energy efficiency first, the Union’s renewables, and a fair deal for energy of energy efficiency first, the Union’s consumers. global leadership in renewables, and a consumers. global leadership in renewables, and a

  fair deal for energy consumers, fair deal for energy consumers, including by addressing energy including by addressing energy poverty and promoting fair poverty and promoting fair competition on the internal market. competition on the internal market.

ANNEX DG E 2B EN

AM 6 Accept in part: (5) The European Council agreed on (5) The European Council proposed (5) The European Council agreed on (5) The European Council agreed on 24 October 2014 on the 2030 on 24 October 2014 a 2030 24 October 2014 on the 2030 24 October 2014 on a 2030 Framework for Energy and Climate for Framework for Energy and Climate for Framework for Energy and Climate for Framework for Energy and Climate for the Union based on four key targets: at the Union based on four key targets: at the Union based on four key EU level the Union based on four key EU level least 40% cut in economy wide least 40% cut in economy wide targets: at least 40% cut in economy targets: at least 40% cut in economy greenhouse gas ("GHG") emissions, at greenhouse gas ("GHG") emissions, at wide greenhouse gas ("GHG") wide greenhouse gas ("GHG") least 27% improvement in energy least 27% improvement in energy emissions, an indicative target of at emissions, an indicative target of at efficiency with a view to a level of efficiency with a view to a level of least 27% improvement in energy least 27% improvement in energy 30%, at least 27% for the share of 30%, at least 27% for the share of efficiency, to be reviewed by 2020 efficiency, to be reviewed by 2020 renewable energy consumed in the renewable energy consumed in the with a view to a level of 30%, at least with a view to a level of 30%, at least Union, and at least 15% for electricity Union, and at least 15% for electricity 27% for the share of renewable energy 27% for the share of renewable energy interconnection. It specified that the interconnection. It specified that the consumed in the Union, and at least consumed in the Union, and at least target for renewable energy is binding target for renewable energy is binding 15% for electricity interconnection. It 15% for electricity interconnection. It at Union level and that it will be at Union level and that it will be specified that the target for renewable specified that the target for renewable fulfilled through Member States’ fulfilled through Member States’ energy is binding at Union level and energy is binding at Union level and contributions guided by the need to contributions guided by the need to that it will be fulfilled through Member that it will be fulfilled through Member deliver collectively the Union target. deliver collectively the Union target. States’ contributions guided by the States’ contributions guided by the

However, this Regulation reflects the need to deliver collectively the Union need to deliver collectively the Union targets agreed upon in the sectoral target. target. legislation. AM 7 Maintain Council GA Recital 5 a (new) (5a) The European Council agreed (Accepted in new recital 11a of on 24 October 2014 that the Council GA) Commission, supported by the Member States, will take urgent measures in order to ensure the achievement of a minimum target of 10 % of existing electricity interconnections, as a matter of urgency, and no later than 2020, at least for Member States which have not yet attained a minimum level of integration in the internal energy market.

ANNEX DG E 2B EN

• (6) 

  The binding target of at least a (6) The binding target of at least a

40% domestic reduction in economy 40% domestic reduction in economywide greenhouse gas emissions by wide greenhouse gas emissions by

2030 compared to 1990 was formally 2030 compared to 1990 was formally approved as the Intended Nationally approved as the Intended Nationally

Determined Contribution of the Union Determined Contribution of the Union and its Member States to the Paris and its Member States to the Paris

Agreement at the Environment Council Agreement at the Environment Council meeting on 6 March 2015. The Paris meeting on 6 March 2015. The Paris

Agreement was ratified by the Union Agreement was ratified by the Union on 5 October 2016 6 and entered into on 5 October 2016 7 and entered into force on 4 November 2016. It replaces force on 4 November 2016. It replaces the approach taken under the 1997 the approach taken under the 1997

Kyoto Protocol which will not be Kyoto Protocol which will not be continued beyond 2020. Therefore the continued beyond 2020. Therefore the

Union’s system for monitoring and Union’s system for monitoring and reporting emissions and removals reporting emissions and removals should be updated in the light of this. should be updated in the light of this.

AM 8 Accept in part, with changes Recital 6 a (new) (6a) The Paris Agreement (6a) The Paris Agreement [ ] substantially increased the level of increased the level of global ambition global ambition on climate change on climate change mitigation and sets mitigation, with signatories to it out a long-term goal in line with the committing to "holding the increase objective to keep the global in the global average temperature to temperature increase [ ] well below well below 2°C above pre-industrial 2°C above pre- industrial levels and to levels and to pursue efforts to limit the pursue efforts to keep it to 1,5°C temperature increase to 1,5°C above above pre-industrial levels. pre-industrial levels". The Union needs to prepare for much deeper and

7 Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations

Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 1).

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faster cuts in emissions than previously foreseen. At the same time such reductions are feasible at a lower cost than previously assessed, given the pace of development and deployment of renewable energy technologies. AM 9 Accept in part, with changes Recital 6 b (new) (6b) [ ] The Union should aim (6b) In line with the aim of the Paris through its policies to achieve a Agreement to achieve a balance balance between anthropogenic between anthropogenic emissions by emissions by sources and removals of sources and removals of GHG by GHG by sinks in the second half of sinks in the second half of the 21st the 21st century [ ] in line with the century, the Union should aim, on an Paris Agreement [ ].

equitable basis, to reach net-zero emissions domestically by 2050, followed by a period of negative emissions. AM 10 (6c) For the climate system it is the Recital 6 c (new) cumulative total anthropogenic emissions over time that are relevant

(6c) For the climate system it is the for the total concentration of cumulative total anthropogenic greenhouse gases in the atmosphere. emissions over time that are relevant The Commission should prepare an for the total concentration of analysis for an EU long-term greenhouse gases in the atmosphere. strategy for the EU contribution to In order to be consistent with the the commitments of the Paris commitments of Paris Agreement, it is Agreement of holding the increase in necessary to analyse the global the global average temperature to

carbon budget which is consistent

with pursuing efforts to limit the well below 2

 C above pre-industrial

temperature increase to 1,5°C above levels and to pursue efforts to limit pre-industrial levels, and establish a the temperature increase to 1,5°C

Union fair share of the remaining above pre-industrial levels, including various scenarios, inter alia a

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global carbon budget for the Union. scenario on achieving net zero Long-term climate and energy greenhouse gas emissions within the strategies should be consistent with Union by 2050 and negative that carbon budget. emissions thereafter and their

implications on the global and Union carbon budget.

AM 11 Maintain Council GA Recital 6 d (new) (6d) The Union and the Member States should keep the climate and energy targets under regular review and should revise the targets upwards as necessary, to reflect successive reviews carried out within the UNFCCC process and to reflect the latest scientific evidence on the pace and impacts of climate change. AM 12 Accept with changes Recital 6 e (new) (6e) Even though the Union pledged (6e) Even though [ ] the Union to deliver by far the most ambitious pledged to deliver [ ] ambitious cuts in cuts in GHG emissions by 2030, it GHG emissions by 2030, [ ] the threat cannot combat the threat of climate of climate change is a global issue. change alone. The Commission and Therefore, the Union and its Member the Member States should use every States should work with their opportunity to persuade in particular international partners in order to countries profiting from international ensure a high level of ambition by all trade with the Union to assume a Parties in line with the long-term proportional share of global goals of [ ] the Paris Agreement. responsibility and raise the level of their ambition to the one of the Union.

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AM 13 Accept (7) The European Council also (7) The European Council also (7) The European Council also concluded on 24 October 2014* that a concluded on 24 October 2014 14 that a 8 concluded on 24 October 2014 that a reliable and transparent governance reliable and transparent governance reliable and transparent governance system, without any unnecessary system, without any unnecessary system, without any unnecessary administrative burden, should be administrative burden and with administrative burden, should be developed to help ensure that the sufficient flexibility for Member developed to help ensure that the

Union meets its energy policy goals, States, should be developed to help Union meets its energy policy goals, with the necessary flexibility for ensure that the Union meets its energy with the necessary flexibility for

Member States and fully respecting policy goals, while fully respecting Member States and fully respecting their freedom to determine their energy Member States’ freedom to determine their freedom to determine their energy mix. It emphasized that such their energy mix. It emphasized that mix. It emphasized that such governance system should build on such governance system should build governance system should build on existing building blocks, such as on existing building blocks, such as existing building blocks, such as national climate programmes, national national climate programmes, national national climate programmes, national plans for renewable energy and energy plans for renewable energy and energy plans for renewable energy and energy efficiency as well as the need to efficiency as well as the need to efficiency as well as the need to streamline and bring together separate streamline and bring together separate streamline and bring together separate planning and reporting strands. It also planning and reporting strands. It also planning and reporting strands. It also agreed to step up the role and rights of agreed to step up the role and rights of agreed to step up the role and rights of consumers, transparency and consumers, transparency and consumers, transparency and predictability for investors, inter alia predictability for investors, inter alia predictability for investors, inter alia by systematic monitoring of key by systematic monitoring of key by systematic monitoring of key indicators for an affordable, safe, indicators for an affordable, safe, indicators for an affordable, safe, competitive, secure and sustainable competitive, secure and sustainable competitive, secure and sustainable energy system and to facilitate energy system and to facilitate energy system and to facilitate coordination of national energy coordination of national climate and coordination of national energy policies and foster regional energy policies and foster regional policies and foster regional cooperation between Member States. cooperation between Member States. cooperation between Member States.

8 Conclusions of the European Council 23 - 24 October 2014 (EUCO 169/14).

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• (8) 

  The Commission's Energy (8) The Commission's Energy

Union Strategy of 25 February 2015 Union Strategy of 25 February 2015 states the need for an integrated states the need for an integrated

Governance to make sure that energy Governance to make sure that energyrelated actions at Union, regional, related actions at Union, regional, national and local level all contribute national and local level all contribute to the Energy Union's objectives, to the Energy Union's objectives, thereby broadening the scope of thereby broadening the scope of

Governance – beyond the 2030 Governance – beyond the 2030

Framework for Climate and Energy – Framework for Climate and Energy – to all five key dimensions of the to all five key dimensions of the

Energy Union. Energy Union.

• (9) 

  In its Communication on the (9) In its Communication on the

State of the Energy Union of 18 State of the Energy Union of 18

November 2015* the Commission November 2015 9 the Commission further specified that integrated further specified that integrated national energy and climate plans, national energy and climate plans, addressing all five key dimensions of addressing all five key dimensions of the Energy Union, are necessary tools the Energy Union, are necessary tools for a more strategic energy and climate for a more strategic energy and climate policy planning. As part of the State of policy planning. As part of the State of the Energy Union, the Commission the Energy Union, the Commission

Guidance to Member States on Guidance to Member States on integrated national energy and climate integrated national energy and climate plans provided the basis for Member plans provided the basis for Member

States to start developing national States to start developing national plans for the period 2021 to 2030 and plans for the period 2021 to 2030 and set out the main pillars of the set out the main pillars of the governance process. The State of the governance process. The State of the

Energy Union also specified that the Energy Union also specified that the

Governance should be anchored in Governance should be anchored in legislation. legislation.

9 Communication State of the Energy Union 2015 of 18.11.2015, COM(2015)572 final i.

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AM 14 Maintain Council GA (10) The Conclusions of the Council (10) The Conclusions of the Council (10) The Conclusions of the Council of 26 November 2015 10 recognised that of 26 November 2015* recognised that of 26 November 2015* recognised that the Governance of the Energy Union the Governance of the Energy Union the Governance of the Energy Union will be an essential tool for the will be an essential tool for the will be an essential tool for the efficient and effective construction of efficient and effective construction of efficient and effective construction of the Energy Union and the achievement the Energy Union and the achievement the Energy Union and the achievement of its objectives. They underlined that of its objectives. They underlined that of its objectives. They underlined that the governance system should be based the governance system should be based the governance system should be based on the principles of integration of on the principles of integration of on the principles of integration of strategic planning and reporting on the strategic planning and reporting on the strategic planning and reporting on the implementation of climate and energy implementation of climate and energy implementation of climate and energy policies and coordination between policies and coordination between policies and coordination between actors responsible for energy and actors responsible for energy and actors responsible for energy and climate policy, at Union, regional and climate policy, at Union, regional and climate policy, at Union, regional and national level. They also underlined national level. They also underlined national level. They also underlined that the Governance should ensure that that the Governance should ensure that that the Governance should ensure that the agreed energy and climate targets the agreed energy and climate targets the agreed energy and climate targets for 2030 are met; and that the for 2030 are met; and that the for 2030 are met; and that the

Governance would monitor the Governance would monitor each Governance would monitor the

Union’s collective progress towards Member State’s and the Union’s Union’s collective progress towards the achievement of the policy collective progress towards the the achievement of the policy objectives across the five dimensions achievement of targets and objectives objectives across the five dimensions of the Energy Union. across the five dimensions of the of the Energy Union.

Energy Union.

10 Conclusions of the Council of 26 November 2015 (14632/15).

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• (11) 

  The European Parliament's (11) The European Parliament's resolution "Towards a European resolution "Towards a European

Energy Union" of 15 December 2015* Energy Union" of 15 December 2015 11 called for the Governance framework called for the Governance framework for the Energy Union to be ambitious, for the Energy Union to be ambitious, reliable, transparent, democratic and reliable, transparent, democratic and fully inclusive of the European fully inclusive of the European

Parliament and to ensure that the 2030 Parliament and to ensure that the 2030 climate and energy targets are climate and energy targets are achieved. achieved.

(11a) The European Council has repeatedly stressed the need to take urgent measures in order to ensure the achievement of a minimum target of 10% of electricity interconnections. The European Council of 23 and 24 October 2014 decided that the European Commission supported by the Member States will take urgent measures in order to ensure the achievement of a minimum target of 10% of electricity interconnections, as a matter of urgency, and no later than 2020 at least for Member States which have not yet attained a minimum level of integration in the internal energy market. The recent Commission 'Communication on strengthening Europe's energy networks' 12 assesses progress towards achieving the 10% interconnection target and suggests ways to operationalise the 15% interconnection target.

11 European Parliament resolution of 15 December 2015 on "Towards a European Energy Union" (2015/2113(INI) i).

12 COM(2017) 718 final i

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AM 15 To be discussed with EP (12) Therefore, the main objective of (12) Therefore, the main objective of (12) Therefore, the main objective of (12) Therefore, the main objective of the Energy Union Governance should the Energy Union Governance should the Energy Union Governance should the Energy Union Governance should be to enable the achievement of the be to enable the achievement of the be to enable the achievement of the be to enable the achievement of the objectives of the Energy Union and in objectives of the Energy Union and in objectives of the Energy Union and in objectives of the Energy Union and in particular the targets of the 2030 particular the targets of the 2030 particular the targets of the 2030 particular the targets of the 2030 Framework for Climate and Energy. Framework for Climate and Energy, in Framework for Climate and Energy. Framework for Climate and Energy, in This Regulation is therefore linked to the field of GHG emissions reduction, These objectives and targets stem the field of GHG emissions reduction, sectorial legislation implementing the renewable energy sources and energy from the Union policy on energy and renewable energy sources and energy 2030 targets for energy and climate. efficiency. This Regulation is therefore from the need to preserve, protect efficiency. These objectives and While Member States need flexibility linked to sectorial legislation and improve the quality of the targets stem from the Union policy to choose policies that are bestimplementing the 2030 targets for environment and to promote the on energy and from the need to matched to their national energy mix energy and climate. While Member prudent and rational utilisation of preserve, protect and improve the and preferences, that flexibility should States need flexibility to choose natural resources, as provided for quality of the environment and to be compatible with further market policies that are best-matched to their under the EU Treaties. Neither of promote the prudent and rational integration, increased competition, the national energy mix and preferences, these indissociably linked objectives utilisation of natural resources, as attainment of climate and energy that flexibility should be compatible can be regarded as secondary to the provided for under the EU Treaties. objectives and the gradual shift with further market integration, other. This Regulation is therefore Neither of these indissociably linked towards a low-carbon economy. increased competition, the attainment linked to sectorial legislation objectives can be regarded as

of climate and energy objectives and implementing the 2030 targets for secondary to the other. This the gradual shift towards a sustainable energy and climate. While Member Regulation is therefore linked to low-carbon economy based on a States need flexibility to choose sectorial legislation implementing the highly energy-efficient, renewablespolicies that are best-matched to their 2030 targets for energy and climate. based energy system. A mandatory national energy mix and preferences, While Member States need flexibility template for the long-term climate that flexibility should be compatible to choose policies that are bestand energy strategies should be with further market integration, matched to their national energy mix introduced to ensure their quality and increased competition, the attainment and preferences, that flexibility should comparability. of climate and energy objectives and be compatible with further market the gradual shift towards a low-carbon integration, increased competition, the economy. attainment of climate and energy objectives and the gradual shift towards a sustainable low-carbon economy.

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AM 16 Accept with changes (13) The transition to a low-carbon (13) The socially acceptable (13) The transition to a low-carbon (13) A socially acceptable and just economy requires changes in transition to a sustainable, low-carbon economy requires changes in transition to a sustainable, low-carbon investment behaviour and incentives economy requires substantial changes investment behaviour and incentives economy requires changes in across the entire policy spectrum. in investment behaviour, particularly across the entire policy spectrum. investment behaviour, as regards both Achieving greenhouse gas emission regarding public and private Achieving greenhouse gas emission public and private investment, and reductions requires a boost to investment, and incentives across the reductions requires a boost to incentives across the entire policy efficiency and innovation in the entire policy spectrum as well as efficiency and innovation in the spectrum, taking into consideration European economy and in particular regional market reform. Achieving European economy and in particular citizens and regions which could be should also lead to improvements of greenhouse gas emission reductions should also lead to improvements of adversely impacted by the transition to air quality. requires a boost to efficiency and air quality. a low-carbon economy *). Achieving

innovation in the European economy greenhouse gas emission reductions and in particular should also create requires a boost to efficiency and sustainable jobs and lead to innovation in the European economy improvements of air quality. and in particular should also create sustainable jobs, including in hightech sectors, and lead to improvements of air quality and public health.

*) Note: compromise text added instead of the amendment on Article 1(1)(bc)

AM 17 Recital 13 a (new) Recital 13 a (new) (13a) In view of international (13a) The Union and the Member commitments undertaken in the Paris States should undertake concrete Agreement, Member States should actions by which to ban energy report on actions that they subsidies, at least for fossil fuels, in undertake to phase out energy order to comply with the international subsidies, [ ] in particular for fossil commitments of the G-7 and the G-20 fuels. When reporting, Member and in the Paris Agreement. States may choose to base themselves on existing definitions for fossil fuels used internationally.

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Note: cf. EP Amendment on fossil fuel subsidies' in AM 156, 193, 248 and 258

AM 18 Accept (14) As greenhouse gases and air (14) As greenhouse gases and air (14) As greenhouse gases and air pollutants largely derive from common pollutants largely derive from common pollutants largely derive from common sources, policy designed to reduce sources, policy designed to reduce sources, policy designed to reduce

GHGs can have co-benefits for air GHGs can have co-benefits for public GHGs can have co-benefits for air quality that could offset some or all of health and air quality, in particular in quality that could offset some or all of the near-term costs of GHG mitigation. urban areas, that could offset the nearthe near-term costs of GHG mitigation.

As data reported under Directive term costs of GHG mitigation. As data As data reported under Directive

2001/81/EC of the European reported under Directive 2001/81/EC i 2001/81/EC of the European

Parliament and the Council* represent of the European Parliament and the Parliament and the Council 13 represent an important input for the compilation Council* represent an important input an important input for the compilation of the GHG inventory and the national for the compilation of the GHG of the GHG inventory and the national plans, the importance of compilation inventory and the national plans, the plans, the importance of compilation and reporting of consistent data importance of compilation and and reporting of consistent data between Directive 2001/81/EC i and the reporting of consistent data between between Directive 2001/81/EC i and the

GHG inventory should be recognised. Directive 2001/81/EC i and the GHG GHG inventory should be recognised. inventory should be recognised.

• (15) 

  The experience gained in (15) The experience gained in implementing Regulation (EU) No implementing Regulation (EU) No

525/2013 of the European Parliament 525/2013 of the European Parliament and the Council* indicated the need for and the Council 14 indicated the need synergies and coherence with reporting for synergies and coherence with under other legal instruments, in reporting under other legal particular with Directive 2003/87/EC i instruments, in particular with of the European Parliament and the Directive 2003/87/EC i of the European

Council, Regulation (EC) No 166/2006 i Parliament and the Council 15 ,

13 Directive 2001/81/EC i of the European Parliament and the Council on National Emission Ceilings for certain pollutants (OJ L 309, 27.11.2001, p. 22).

14 Regulation (EU) No 525/2013 i of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).

15 Directive 2003/87/EC i of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 275, 25.10.2003, p. 32).

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of the European Parliament and the Regulation (EC) No 166/2006 i of the

Council*, Regulation (EC) No European Parliament and the

1099/2008 of the European Parliament Council 16 , Regulation (EC) No and the Council* and Regulation (EC) 1099/2008 i of the European Parliament

No 517/2014 of the European and the Council 17 and Regulation (EC)

Parliament and the Council*. The use No 517/2014 of the European of consistent data to report greenhouse Parliament and the Council 18 . The use gas emissions is essential to ensuring of consistent data to report greenhouse the quality of emissions reporting. gas emissions is essential to ensuring

the quality of emissions reporting.

AM 19 Accept with changes (16) In line with the Commission's (16) In line with the Commission's (16) In line with the Commission's (16) In line with the Commission's strong commitment to Better strong commitment to Better strong commitment to Better strong commitment to Better Regulation, the Energy Union Regulation and consistent with a Regulation, the Energy Union Regulation and consistent with a Governance should result in a policy for research, innovation and Governance should result in a policy that promotes research, significant reduction of administrative investments, the Energy Union significant reduction of administrative innovation and investments, the burden for the Member States, the Governance should result in a burden for the Member States, the Energy Union Governance should Commission and other Union significant reduction of administrative Commission and other Union result in a significant reduction of Institutions and it should help to ensure complexity for the Member States and Institutions and it should help to ensure administrative burden and complexity coherence and adequacy of policies relevant stakeholders, the Commission coherence and adequacy of policies for the Member States and relevant and measures at Union and national and other Union Institutions and it and measures at Union and national stakeholders, the Commission and level with regard to the transformation should help to ensure coherence and level with regard to the transformation other Union Institutions and it should of the energy system towards a lowadequacy of policies and measures at of the energy system towards a [ ] low help to ensure coherence and adequacy carbon economy. Union, macro-regional, regional, greenhouse gas emission economy. of policies and measures at Union and

national, and local level with regard to national level with regard to the the transformation of the energy transformation of the energy system system towards a sustainable lowtowards a sustainable low greenhouse carbon economy gas emission economy

16 Regulation (EC) No 166/2006 i of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register (OJ L 33, 4.2.2006, p. 1).

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

18 Regulation (EC) No 517/2014 i of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 i (OJ L 150, 20.5.2014, p. 195).

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• (17) 

  The achievement of the Energy AM 20 (17) The achievement of the Energy Accept in part

Union objectives should be ensured (17) The achievement of the Energy Union objectives should be ensured (17) The achievement of the Energy through a combination of Union Union targets and objectives should be through a combination of Union Union targets and objectives should be initiatives and coherent national ensured through a combination of initiatives and coherent national ensured through a combination of policies set out in integrated national Union initiatives and coherent national policies set out in integrated national Union initiatives and coherent national energy and climate plans. Sectorial policies set out in integrated national energy and climate plans. Sectorial policies set out in integrated national Union legislation in the energy and energy and climate plans. Sectorial Union legislation in the energy and energy and climate plans. Sectorial climate fields sets out planning Union legislation in the energy and climate fields sets out planning Union legislation in the energy and requirements, which have been useful climate fields sets out planning requirements, which have been useful climate fields sets out planning tools to drive change at the national requirements, which have been useful tools to drive change at the national requirements, which have been useful level. Their introduction at different tools to drive change at the national level. Their introduction at different tools to drive change at the national moments in time has led to overlaps level. Their introduction at different moments in time has led to overlaps level. Their introduction at different and insufficient consideration of moments in time has led to overlaps and insufficient consideration of moments in time has led to overlaps synergies and interactions between and insufficient consideration of synergies and interactions between and insufficient consideration of policy areas. Current separate synergies and interactions between policy areas. Current separate synergies and interactions between planning, reporting and monitoring in policy areas, to the detriment of costplanning, reporting and monitoring in policy areas, to the detriment of costthe climate and energy fields should efficiency. Current separate planning, the climate and energy fields should efficiency. Current separate planning, therefore as far as possible be reporting and monitoring in the climate therefore as far as possible be reporting and monitoring in the climate streamlined and integrated. and energy fields should, where streamlined and integrated. and energy fields should therefore as

relevant, be streamlined and far as possible be streamlined and integrated. integrated. AM 21 Maintain Council GA Recital 17 a (new) (17a) An assessment of the Note: already covered under the ETS interactions between existing and in Art. 25 and the Annex planned policies and measures to achieve decarbonisation is necessary and Member States should produce a quantitative or qualitative evaluation. AM 22 Maintain Council GA Recital 17 b (new) (17b) Member States should ensure policy coherence between their national energy and climate plans and their long-term low emission strategies with the UN 2030 Agenda for Sustainable Development.

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AM 23 Maintain Council GA (18) The integrated national energy (18) The integrated national energy (18) The integrated national energy and climate plans should cover tenand climate plans should cover tenand climate plans should cover tenyear periods and provide an overview year periods and provide an overview year periods and provide an overview of the current energy system and of the current energy system and of the current energy system and policy situation. They should set out policy situation. They should set out policy situation. They should set out national objectives for each of the five national targets or objectives for each national objectives for each of the five key dimensions of the Energy Union of the five key dimensions of the key dimensions of the Energy Union and corresponding policies and Energy Union and corresponding and corresponding policies and measures to meet those objectives and policies and measures to meet those measures to meet those objectives and have an analytical basis. The national objectives and have an analytical basis. have an analytical basis. The national plans covering the first period from The national plans covering the first plans covering the first period from

2021 to 2030 should pay particular period from 2021 to 2030 should pay 2021 to 2030 should pay particular attention to the 2030 targets for particular attention to the 2030 targets attention to the 2030 targets for greenhouse gas emission reductions, for greenhouse gas emission greenhouse gas emission reductions, renewable energy, energy efficiency reductions, renewable energy, energy renewable energy, energy efficiency and electricity interconnection. efficiency and electricity and electricity interconnection.

Member States should aim to ensure interconnection. Member States should Member States should aim to ensure that the national plans are consistent aim to ensure that the national plans that the national plans are consistent with and contribute to achieving the are consistent with and contribute to with and contribute to achieving the

Sustainable Development Goals. achieving the Sustainable Sustainable Development Goals. In

Development Goals. setting out the national plans, Member States may build upon existing national strategies or plans. For the first draft national plan and national plan, a different deadline is provided as compared to subsequent plans, in order to provide Member States with adequate preparation time for their first plans after the adoption of this Regulation.

Nevertheless, the Member States are encouraged to provide their first draft national plans as early as possible in 2018, in order to allow

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proper preparations, in particular for the facilitative dialogue to be convened under the Paris Agreement in 2018.

AM 24 (18a) When preparing their Recital 18 a (new) integrated national energy and climate plan, Member States should (18a) When preparing their assess the number of households in integrated national energy and energy poverty, taking into account climate plan, Member States should the necessary domestic energy assess the number of households in services needed to guarantee basic energy poverty, taking into account standards of living in the relevant the necessary domestic energy national context, existing social services needed to guarantee basic policy and other relevant policies, as standards of living in the relevant well as Commission indicative national context, which they may not guidance on relevant indicators, be able to afford due to a combination including geographical dispersion, of low income, high energy that are based on a common approach expenditure and poor energy for energy poverty [ ]. efficiency of their households. In the event that a Member State Member States should outline existing finds that it has a significant number and planned policies and measures of households in energy poverty, it addressing energy poverty and, where should include in its plan a national necessary, include a national indicative objective to reduce energy objective to reduce the number of poverty. households in energy poverty. The [ ] Commission should adopt a common methodology for Member States to Note: cf. Art. 3(3)(e) and Art. 21a define energy poverty and each (new) Member State should define households in energy poverty in accordance with their specific national circumstances.

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AM 25 Maintain Council GA Recital 18 b (new)

(18b) Member States should ensure that Union funding from the 2014 to 2020 multiannual financial framework is included in their integrated national energy and climate plans. National allocations from the post-2020 multiannual financial framework should actively contribute to the achievement of Energy Union targets and objectives, in particular in the sectors of greenhouse gas emission reductions including removals by sinks, renewable energy and energy efficiency. To that end, the programming process at national and local level for the post-2020 multiannual financial framework should take place in combination with a Commission assessment of integrated national energy and climate plans to reflect a high ambition, in particular in the light of the long-term objectives of the Paris Agreement and the Sustainable Development Goals.

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• (19) 

  A mandatory template for the (19) A mandatory template for the national plans should be established to national plans should be established to ensure that all national plans are ensure that all national plans are sufficiently comprehensive and to sufficiently comprehensive and to facilitate comparison and aggregation facilitate comparison and aggregation of national plans, while at the same of national plans, while at the same time ensuring sufficient flexibility to time ensuring sufficient flexibility to

Member States to set out the details of Member States to set out the details of national plans reflecting national national plans reflecting national preferences and specificities. preferences and specificities.

AM 26 Cf. AM 113 Recital 19 a (new) Note: see new compromise recital (19a) Member States should establish 20(ter) (which is best placed after a permanent multi-level energy recital 20 which explains the public dialogue platform gathering local consultation process) authorities, civil society organisations, business community, investors and other relevant stakeholders to discuss the different options envisaged for energy and climate policies. Integrated national energy and climate plans as well as long-term climate and energy strategies should be discussed within the framework of that platform.

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AM 27 (20) The implementation of policies (20) The implementation of policies (20) The implementation of policies and measures in the areas of the energy (20) The implementation of policies and measures in the areas of the energy and measures in the areas of the energy and climate has an impact on the and measures in the areas of the energy and climate has an impact on the and climate has an impact on the environment. Member States should and climate has an impact on the environment. Member States should environment. Member States should therefore ensure that the public is environment. Member States should therefore ensure that the public is therefore ensure that the public is given early and effective opportunities therefore ensure that the public is given early and effective opportunities given early and effective opportunities to participate in and to be consulted on given early and effective opportunities to participate in and to be consulted on to participate in and to be consulted on the preparation of the integrated to participate actively in and to be the preparation of the integrated the preparation of the integrated national energy and climate plans in consulted on the preparation of the national energy and climate plans in national energy and climate plans in accordance, where applicable, with the integrated national energy and climate accordance, where applicable, with the accordance, where applicable, with the provisions of Directive 2001/42/EC i of plans and long-term climate and provisions of Directive 2001/42/EC i of provisions of Directive 2001/42/EC i of the European Parliament and of the energy strategies in accordance, where the European Parliament and of the the European Parliament and of the Council 19 and the United Nations applicable, with the provisions of Council and the United Nations Council and the United Nations Economic Commission for Europe Directive 2001/42/EC i of the European Economic Commission for Europe Economic Commission for Europe ("UNECE") Convention on Access to Parliament and of the Council 24 and the ("UNECE") Convention on Access to ("UNECE") Convention on Access to Information, Public Participation in United Nations Economic Commission Information, Public Participation in Information, Public Participation in Decision-making and Access to Justice for Europe ("UNECE") Convention on Decision-making and Access to Justice Decision-making and Access to Justice in Environmental Matters of 25 June Access to Information, Public in Environmental Matters of 25 June in Environmental Matters of 25 June 1998 (the "Aarhus convention"). Participation in Decision-making and 1998 (the "Aarhus convention"). 1998 (the "Aarhus convention"). Member States should also ensure Access to Justice in Environmental Member States should also ensure Member States should also ensure involvement of social partners in the Matters of 25 June 1998 (the "Aarhus involvement of social partners in the involvement of social partners in the preparation of the integrated national convention"). Member States should preparation of the integrated national preparation of the integrated national energy and climate plans. also ensure involvement of the social energy and climate plans. energy and climate plans, and aim at

partners, local authorities and all limiting administrative complexity relevant stakeholders from early when implementing their obligations stages of the planning and reporting on public consultation. processes and in the preparation of the integrated national energy and climate Note: addition responds to AM 112 plans and long-term strategies.

19 Directive 2001/42/EC i 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).

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(20 bis) When implementing their public consultation obligations, and in line with the Aarhus Convention, Member States should aim at equal participation, ensure that the public is informed by public notices or other appropriate means, such as electronic media, that the public can access all relevant documents, and put in place practical arrangements related to the public's participation.

Note: addition responds to AM 109 (Art. 10) (20ter) Many Member States have public consultation mechanisms in place for climate and/or energy policies. Having regard to the implementation of the Paris Agreement as well as of the Union's climate and energy policies, it would be appropriate for [ ] Member States [ ] that have no such structure in place, to [ ] consider establishing such a public consultation mechanism, which could take the form of [ ] a permanent multi-level energy dialogue platform gathering local authorities, civil society organisations, business community, investors and other relevant stakeholders to discuss the different options envisaged for energy and climate policies and review progress. Integrated national energy and

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climate plans [ ] could be discussed within the framework of [ ] such a platform.

Note: see AM 26 and 113 AM 28 Accept in part

• (21) 

  Regional cooperation is key to (21) Macro-regional and regional (21) Regional cooperation is key to (21) Regional cooperation is key to ensure an effective achievement of the cooperation are necessary for Member ensure an effective achievement of the ensure an effective achievement of the objectives of the Energy Union. States to implement, jointly, certain objectives of the Energy Union. objectives of the Energy Union in a Member States should get the policies and measures contributing to Member States should get the cost-optimal manner. The opportunity to comment on other the achievement of common targets opportunity to comment on other Commission should facilitate such Member States' plans before they are and objectives in a cost-optimal Member States' plans before they are cooperation between the Member finalised to avoid inconsistencies and manner. The Commission should finalised to avoid inconsistencies and States. Member States should get the potential negative impacts on other facilitate such cooperation between potential negative impacts on other opportunity to comment on other Member States and ensure that the Member States. Member States Member States and ensure that Member States' plans before they are common objectives are met should also get the opportunity to common objectives are met finalised to avoid inconsistencies and collectively. Regional cooperation in comment on other Member States' collectively. Regional cooperation in potential negative impacts on other elaborating and finalising national plans before they are finalised to avoid elaborating and finalising national Member States and ensure that plans as well as in the subsequent inconsistencies and potential negative plans as well as in the subsequent common objectives are met implementation of national plans impacts on other Member States and implementation of national plans collectively. Regional cooperation in should be essential to improve ensure that common objectives are met should be essential to improve elaborating and finalising national effectiveness and efficiency of collectively. Macro-regional and effectiveness and efficiency of plans as well as in the subsequent measures and foster market integration regional cooperation in elaborating and measures and foster market integration implementation of national plans and energy security. finalising national plans as well as in and energy security. should be essential to improve

  the subsequent implementation of effectiveness and efficiency of national plans should be essential to measures and foster market integration improve effectiveness and efficiency and energy security. of measures and foster market integration and energy security.

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Note: see also AM 114 (Art. 11):

(21 bis) Where cooperating in the framework of this Regulation, Member States should take into consideration existing regional cooperation fora, such as the Baltic Energy Market Interconnection Plan (BEMIP), Central and South-Eastern Europe Connectivity (CESEC), Central-West Regional Energy Market (CWREM), the North Seas Countries’ Offshore Grid Initiative (NSCOGI), the Pentalateral Energy Forum, Interconnections for South-West Europe and the Euro-Mediterranean Partnership.

Member States are encouraged to envisage cooperation with Energy Community contracting parties, with members of the European Economic Area and, if they consider it appropriate, with other relevant third countries.

Moreover, the Commission may, with a view to promoting market integration, cost-efficient policies, effective cooperation, partnerships and consultations, identify further opportunities for regional cooperation covering one or several of the five dimensions of the Energy Union in line with the provisions of this Regulation, with a long-term vision and based on existing market

conditions.

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AM 30 (22) National plans should be stable (22) National plans should be stable (22) National plans should be stable (22) National plans should be stable to ensure transparency and to ensure transparency and to ensure transparency and to ensure transparency and predictability of national policies and predictability of national policies and predictability of national policies and predictability of national policies and measures in order to ensure [ ] measures in order to ensure investor measures in order to ensure investment measures in order to ensure investor investment certainty. Updates of certainty. Updates of national plans certainty. The regular submission of certainty. Updates of national plans national plans should however be should however be foreseen once national plans over ten-year rolling should however be foreseen once foreseen once during the ten-year during the ten-year period covered to periods give Member States the during the ten-year period covered to period covered to give Member States give Member States the opportunity to opportunity to adapt to significant give Member States the opportunity to the opportunity to adapt to significant adapt to significant changing changing circumstances. Targets and adapt to significant changing changing circumstances. For the plans circumstances. For the plans covering objectives should only be modified to circumstances. For the plans covering covering the period from 2021 to 2030, the period from 2021 to 2030, Member reflect an increased overall ambition in the period from 2021 to 2030, Member Member States should be able to

States should be able to update their particular as regards the targets for States should be able to update their update their plans by 30 June [ ] 2024. plans by 1 January 2024. Targets, energy and climate. As part of those plans by 30 June [ ] 2024. Targets, Targets, objectives and contributions objectives and contributions should plans, Member States should make objectives and contributions should should only be modified to reflect an only be modified to reflect an efforts to mitigate any adverse only be modified to reflect an increased overall ambition in particular increased overall ambition in particular environmental impacts that become increased overall ambition in particular as regards the 2030 targets for energy as regards the 2030 targets for energy apparent as part of the integrated as regards the 2030 targets for energy and climate. As part of the updates, and climate. As part of the updates, reporting. and climate. As part of the updates, Member States should make efforts to Member States should make efforts to Member States should make efforts to mitigate any adverse environmental mitigate any adverse environmental mitigate any adverse environmental impacts that become apparent as part impacts that become apparent as part impacts that become apparent as part of the integrated reporting. of the integrated reporting. of the integrated reporting.

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• (23) 

  Stable long-term low emission AM 31 (23) Stable long-term low emission Maintain Council GA strategies are crucial to contribute (23) Stable long-term climate and strategies are crucial to contribute towards economic transformation, energy strategies are crucial to towards economic transformation, jobs, growth and the achievement of contribute towards economic jobs, growth and the achievement of broader sustainable development goals, transformation, jobs, growth and the broader sustainable development goals, as well as to move in a fair and costachievement of broader sustainable as well as to move in a fair and costeffective manner towards the longdevelopment goals, as well as to move effective manner towards the longterm goal set by the Paris Agreement. in a fair and cost-effective manner term goal set by the Paris Agreement.

Furthermore, Parties to the Paris towards the long-term goal set by the Furthermore, Parties to the Paris

Agreement are invited to Paris Agreement. Furthermore, Parties Agreement are invited to communicate, by 2020, their midto the Paris Agreement are invited to communicate, by 2020, their midcentury, long-term low greenhouse gas communicate, by 2020, their midcentury, long-term low greenhouse gas emission development strategies. century, long-term low greenhouse gas emission development strategies.

emission development strategies. AM 32 (23a) Member States should develop Recital 23 a (new) long-term [ ] strategies with a perspective of at least 30 years (23a) Member States should develop contributing to the fulfilments of the long-term climate and energy Member States' commitments under strategies for 2050 and beyond the UNFCCC and the Paris identifying the necessary Agreement, in the context of the transformations in different sectors objective of the Paris Agreement of that are necessary to shift to a holding the increase in the global renewable energy system and achieve average temperature to well below the goals of the Paris Agreement. The 2°C above pre-industrial levels and strategies should be consistent with to pursue efforts to limit the the Union’s fair share of remaining temperature increase to 1.5°C above global carbon budget and should be pre-industrial levels and developed in an open and transparent achievement of long-term manner and with the full involvement greenhouse gas emission reductions of relevant stakeholders. The and enhancements of removals by integrated national energy and sinks in all sectors in line with the climate plans should be based on the Union’s objective. Member States long-term climate and energy should develop their strategies in an strategies and consistent with them. open and transparent manner and

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should ensure effective opportunities

for the public to participate in their

preparation. The integrated national

energy and climate plans and the

long-term strategies should be

consistent with with each other.

Note: see AM 122

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AM 33 Accept Recital 23 b (new) (23b) The land use, land use change and forestry (LULUCF) sector is highly exposed and very vulnerable to climate change. At the same time, the sector has huge potential to provide for long-term climate benefits and to contribute significantly to the achievement of Union and international long-term climate goals. It can contribute to climate change mitigation in several ways, in particular by reducing emissions, maintaining and enhancing sinks and carbon stocks, and providing biomaterials that can substitute fossil or carbon-intensive materials. In order for measures aiming in particular at increasing carbon sequestration to be effective, the sustainable resource management and long-term stability and adaptability of carbon pools is essential. Long-term strategies are essential to allow for sustainable investments in the long run.

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AM 34 Accept Recital 23 c (new) (23c) When developing further interconnections, it is important to make a complete assessment of the costs and benefits, including the full technical, socio-economic and environmental impacts, thereof as required by the TEN-E Regulation and take into account the positive externalities of interconnections, such as the integration of renewables, the security of supply and the increased competition in the internal market. AM 35 Accept, with changes

• (24) 

  As is the case for planning, (24) As is the case for planning, (24) As is the case for planning, (24) As is the case for planning, sectorial Union legislation in the sectorial Union legislation in the sectorial Union legislation in the sectorial Union legislation in the energy and climate fields sets out energy and climate fields sets out energy and climate fields sets out energy and climate fields sets out reporting requirements, many of which reporting requirements, many of which reporting requirements, many of which reporting requirements, many of which have been useful tools to drive change have been useful tools to drive change have been useful tools to drive change have been useful tools to drive change at the national level, but those at the national level, complementary to at the national level, but those at the national level, complementary to requirements have been introduced at market reforms, but those requirements have been introduced at market reforms, but those different moments in time which has requirements have been introduced at different moments in time which has requirements have been introduced at led to overlaps and insufficient different moments in time which has led to overlaps and insufficient different moments in time which has consideration of synergies and led to overlaps and cost-inefficiency, consideration of synergies and led to overlaps and cost-inefficiency, interactions between policy areas such as well as insufficient consideration of interactions between policy areas such as well as insufficient consideration of as GHG mitigation, renewable energy, synergies and interactions between as GHG mitigation, renewable energy, synergies and interactions between energy efficiency and market policy areas such as GHG mitigation, energy efficiency and market policy areas such as GHG mitigation, integration. To strike the right balance renewable energy, energy efficiency integration. To strike the right balance renewable energy, energy efficiency between the need to ensure a proper and market integration. To strike the between the need to ensure a proper and market integration. To strike the follow-up of the implementation of right balance between the need to follow-up of the implementation of right balance between the need to national plans and the need to reduce ensure a proper follow-up of the national plans and the need to reduce ensure a proper follow-up of the administrative burden, Member States implementation of national plans and administrative burden, Member States implementation of national plans and should establish biennial progress the need to reduce administrative should establish biennial progress the need to reduce administrative [ ] reports on the implementation of the complexity, Member States should reports on the implementation of the complexity, Member States should

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plans and other developments in the establish biennial progress reports on plans and other developments in the establish biennial progress reports on energy system. Some reporting the implementation of the plans and energy system. Some reporting the implementation of the plans and however, particularly with regard to other developments in the energy however, particularly with regard to other developments in the energy reporting requirements in the climate system. Some reporting however, reporting requirements in the climate system. Some reporting however, field stemming from the United particularly with regard to reporting field stemming from the United particularly with regard to reporting

Nations Framework Convention on requirements in the climate field Nations Framework Convention on requirements in the climate field

Climate Change ("UNFCCC") and stemming from the United Nations Climate Change ("UNFCCC") and stemming from the United Nations

Union Regulations, would still be Framework Convention on Climate Union Regulations, would still be Framework Convention on Climate necessary on a yearly basis. Change ("UNFCCC") and Union necessary on a yearly basis. Change ("UNFCCC") and Union

Regulations, would still be necessary Regulations, would still be necessary on a yearly basis. on a yearly basis. AM 36 Accept, with changes

• (25) 

  Member States' integrated (25) Member States' integrated (25) Member States' integrated (25) Member States' integrated progress reports should mirror the progress reports should mirror the progress reports should mirror the progress reports should mirror the elements set out in the template for the elements set out in the template for the elements set out in the template for the elements set out in the template for the national plans. A template for the national plans. A template for the national plans. A template for the national plans. A template for the integrated progress reports should be integrated progress reports should be integrated progress reports should be integrated progress reports should be detailed in subsequent implementing detailed in subsequent implementing detailed in subsequent implementing detailed in subsequent implementing act(s) given their technical nature and act(s) given their technical nature and act(s) given their technical nature and act(s) given their technical nature and the fact that the first progress reports the fact that the first progress reports the fact that the first progress reports the fact that the first progress reports are due in 2021. The progress reports are due in 2021. The progress reports are due in 2023. The progress reports are due in 2023. The progress reports should be carried out in order to ensure should be carried out in order to ensure should be carried out in order to ensure should be carried out in order to ensure transparency towards the Union, other transparency towards the Union, other transparency towards the Union, other transparency towards the Union, other Member States and market actors Member States, regional and local Member States and market actors Member States, regional and local including consumers. They should be authorities, market actors including including consumers. They should be authorities, market actors including comprehensive across the five consumers, any other relevant comprehensive across the five consumers, any other relevant dimensions of the Energy Union and, stakeholders and the general public. dimensions of the Energy Union and, stakeholders and the general public. for the first period, at the same time They should be comprehensive across for the first period, at the same time They should be comprehensive across put emphasis on areas covered by the the five dimensions of the Energy put emphasis on areas covered by the the five dimensions of the Energy targets of the 2030 Climate and Energy Union and, for the first period, at the targets of the 2030 Climate and Energy Union and, for the first period, at the Framework. same time put emphasis on areas Framework. same time put emphasis on areas

  covered by the targets of the 2030 covered by the targets of the 2030 Climate and Energy Framework. Climate and Energy Framework.

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• (26) 

  Under the UNFCCC, the Union (26) Under the UNFCCC, the Union and its Member States are required to and its Member States are required to develop, regularly update, publish and develop, regularly update, publish and report to the Conference of the Parties report to the Conference of the Parties national inventories of anthropogenic national inventories of anthropogenic emissions by sources and removals by emissions by sources and removals by sinks of all greenhouse gases using sinks of all greenhouse gases using comparable methodologies agreed by comparable methodologies agreed by the Conference of the Parties. The the Conference of the Parties. The

GHG inventories are key to enabling GHG inventories are key to enabling the tracking of progress with the the tracking of progress with the implementation of the decarbonisation implementation of the decarbonisation dimension and for assessing dimension and for assessing compliance with the legislation in the compliance with the legislation in the field of climate, in particular field of climate, in particular

Regulation [OP: act number XXX on Regulation [OP: act number XXX on binding annual greenhouse gas binding annual greenhouse gas emission reductions by Member States emission reductions by Member States from 2021 to 2030 for a resilient from 2021 to 2030 for a resilient

Energy Union and to meet Energy Union and to meet commitments under the Paris commitments under the Paris

Agreement and amending Regulation Agreement and amending Regulation

(EU) No 525/2013 of the European (EU) No 525/2013 of the European

Parliament and the Council on a Parliament and the Council on a mechanism for monitoring and mechanism for monitoring and reporting greenhouse gas emissions reporting greenhouse gas emissions and other information relevant to and other information relevant to climate change] ("Regulation [ ] climate change] 20 ("Regulation [ ]

[ESR]") and Regulation [OP: act [ESR]") and Regulation [OP: act number XXX on the inclusion of number XXX on the inclusion of greenhouse gas emissions and greenhouse gas emissions and removals from land use, land use removals from land use, land use change and forestry into the 2030 change and forestry into the 2030

20 OJ L […], […], p. […].

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climate and energy framework and climate and energy framework and amending Regulation (EU) No amending Regulation (EU) No

525/2013 of the European Parliament 525/2013 of the European Parliament and the Council on a mechanism for and the Council on a mechanism for monitoring and reporting greenhouse monitoring and reporting greenhouse gas emissions and other information gas emissions and other information relevant to climate change] relevant to climate change]

("Regulation [ ] [LULUCF]") . ("Regulation [ ] [LULUCF]") 21 .

• (27) 

  Decision 1/CP.16 of the (27) Decision 1/CP.16 of the

Conference of the Parties to the Conference of the Parties to the

UNFCCC requires the establishment of UNFCCC requires the establishment of national arrangements to estimate national arrangements to estimate anthropogenic emissions by sources anthropogenic emissions by sources and removals by sinks of all and removals by sinks of all greenhouse gases. This Regulation greenhouse gases. This Regulation should enable the establishment of should enable the establishment of those national arrangements. those national arrangements.

AM 37 (cf. AM 59, Art. 3(3b) (new)) (28) The experience in the (28) The experience in the (28) The experience in the implementation of Regulation (EU) No implementation of Regulation (EU) No implementation of Regulation (EU) No (28) The experience in the 525/2013 demonstrated the importance 525/2013 demonstrated the importance 525/2013 demonstrated the importance implementation of Regulation (EU) No of transparency, accuracy, consistency, of transparency, accuracy, consistency, of transparency, accuracy, consistency, 525/2013 demonstrated the importance completeness and comparability of completeness and comparability of completeness and comparability of of transparency, accuracy, consistency, information. Building on that information. Building on that information. Building on that completeness and comparability of experience, this Regulation should experience, this Regulation should experience, this Regulation should information. Building on that ensure that Member States report on ensure that Member States use credible ensure that Member States report on experience, this Regulation should their policies and measures and and consistent data and assumptions their policies and measures and ensure that Member States use robust projections as a key component of the across the five dimensions and make projections as a key component of the and consistent data and assumptions progress reports. The information in publicly available data used in progress reports. The information in across the five dimensions and make those reports should be essential for making scenarios and modelling and those reports should be essential for publicly available comprehensive demonstrating the timely report on their policies and measures demonstrating the timely information concerning the implementation of commitments under and projections as a key component of implementation of commitments under assumptions, parameters and Regulation [ ] [ESR]. Operating and the progress reports. The information Regulation [ ] [ESR]. Operating and methodologies used for the final

21 OJ L […], […], p. […].

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continuously improving systems at in those reports should be essential for continuously improving systems at scenarios and projections taking into Union and Member State level coupled demonstrating the timely Union and Member State level coupled account statistical restrictions, with better guidance on reporting implementation of commitments under with better guidance on reporting commercially sensitive data, and the should significantly contribute towards Regulation [ ] [ESR]. Operating and should significantly contribute towards need to comply with data protection an on-going strengthening of the continuously improving systems at an on-going strengthening of the rules,*) and report on their policies information necessary in order to track Union and Member State level coupled information necessary in order to track and measures and projections as a key progress in the decarbonisation with better guidance on reporting progress in the decarbonisation component of the progress reports. The dimension. should significantly contribute towards dimension. information in those reports should be

an on-going strengthening of the essential for demonstrating the timely information necessary in order to track implementation of commitments under progress in the decarbonisation Regulation [ ] [ESR]. Operating and dimension. continuously improving systems at Union and Member State level coupled with better guidance on reporting should significantly contribute towards an on-going strengthening of the information necessary in order to track progress in the decarbonisation dimension.

Note: aligned with Art. 8(3) (29) This Regulation should ensure (29) This Regulation should ensure reporting by Member States on reporting by Member States on adaptation to climate change and the adaptation to climate change and the provision of financial, technological provision of financial, technological and capacity-building support to and capacity-building support to developing countries, thereby developing countries, thereby facilitating the implementation of the facilitating the implementation of the

Union's commitments under the Union's commitments under the

UNFCCC and Paris Agreement. UNFCCC and Paris Agreement.

Furthermore, information on national Furthermore, information on national adaptation actions and support is also adaptation actions and support is also important in the context of the important in the context of the integrated national energy and climate integrated national energy and climate plans, especially as regards adaptation plans, especially as regards adaptation

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to those adverse effects of climate to those adverse effects of climate change related to the security of the change related to the security of the

Union's energy supply such as the Union's energy supply such as the availability of cooling water for power availability of cooling water for power plants and biomass availability for plants and biomass availability for energy, and information on support energy, and information on support relevant to the external dimension of relevant to the external dimension of the Energy Union. the Energy Union.

(29bis) The Paris Agreement reaffirms that Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights and gender equality. Therefore Member States should adequately integrate the dimensions of human rights and gender equality in their integrated national energy and climate plans and long-term low emission strategies. Through their biennial progress reports they should report information on how the implementation of their integrated national energy and climate plans contributes to the promotion of both human rights and gender equality.

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AM 38 Note: aligned with Art. 24 (30) In order to limit administrative (30) In order to increase (30) In order to limit administrative burden on Member States and the transparency in energy and climate burden on Member States and the (30) In order to limit administrative Commission, the latter should establish policy-making and to limit Commission, the latter should establish burden on Member States and the an online reporting platform to administrative complexity on Member an online reporting platform to Commission, the latter should establish facilitate communication and promote States and the Commission, the latter facilitate communication and promote an online [ ] platform to facilitate cooperation. That should ensure timely should establish a public online cooperation. That should facilitate [] communication, [ ] promote submission of reports and facilitate platform to facilitate public access to timely submission of reports as well as cooperation and facilitate public improved transparency on national information, communication between [] improved transparency on national access to information. That should reporting. The e-reporting platform the Commission and the Member reporting. The e-reporting platform facilitate [] timely submission of should complement, build on and States as well as cooperation among should complement, build on and reports as well as [] improved benefit from existing reporting Member States. That should ensure benefit from existing reporting transparency on national reporting. The processes, databases and e-tools, such timely submission of reports and processes, databases and e-tools, such e-reporting platform should as those of the European Environment facilitate improved transparency on as those of the European Environment complement, build on and benefit from Agency, Eurostat, the Joint Research national reporting. The e-platform Agency, Eurostat, the Joint Research existing reporting processes, databases Centre and the lessons learned from platform should complement, build on Centre and the lessons learned from and e-tools, such as those of the the Union's Eco-Management and and benefit from existing reporting the Union's Eco-Management and European Environment Agency, Audit Scheme. processes, databases and e-tools, such Audit Scheme. Eurostat, the Joint Research Centre and

as those of the European Environment the lessons learned from the Union's Agency, Eurostat, the Joint Research Eco-Management and Audit Scheme. Centre and the lessons learned from the Union's Eco-Management and Audit Scheme. (30bis) The Commission should ensure that the final integrated national energy and climate plans are publicly available online. An eplatform, once operational, should be used by the Commission to host and make publicly available the final integrated national energy and climate plans, the updates thereof, the long-term low emission strategies and other relevant reporting information provided by Member States. Before the e-platform becomes operational, the Commission will use its own

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websites to facilitate public online access to the final integrated national energy and climate plans.

Note: see also Art. 24(2a) AM 39 Maintain Council GA

• (31) 

  As concerns data to be provided (31) In order to avoid delayed action (31) As concerns data to be provided to the Commission by means of at Union level, the Commission to the Commission by means of national planning and reporting, should use annual GHG, renewables national planning and reporting, information from Member States and energy efficiency estimates information from Member States should not duplicate data and statistics provided by the European should not duplicate data and statistics which have already been made Environment Agency to assess which have already been made available via Eurostat in the context of progress towards 2030 targets. As available via Eurostat in the context of

Regulation (EC) No 223/2009 i of the concerns data to be provided to the Regulation (EC) No 223/2009 i of the

European Parliament and of the Commission by means of national European Parliament and of the

Council* in the same form as under the planning and reporting, information Council 22 in the same form as under planning and reporting obligations of from Member States should not the planning and reporting obligations this Regulation and are still available duplicate data and statistics which have of this Regulation and are still from Eurostat with the same values. already been made available via available from Eurostat with the same

Where available and appropriate in Eurostat in the context of Regulation values. Where available and terms of timing, reported data and (EC) No 223/2009 of the European appropriate in terms of timing, projections provided in the national Parliament and of the Council* in the reported data and projections provided energy and climate plans should build same form as under the planning and in the national energy and climate on and be consistent with Eurostat data reporting obligations of this Regulation plans should build on and be consistent and the methodology used for and are still available from Eurostat with Eurostat data and the reporting European statistics in with the same values. Where available methodology used for reporting accordance with Regulation (EC) No and appropriate in terms of timing, European statistics in accordance with

223/2009. reported data and projections provided Regulation (EC) No 223/2009 i. in the national energy and climate

plans should build on and be consistent

22 Regulation (EC) No 223/2009 i of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom)

No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 i on Community Statistics, and Council Decision 89/382/EEC i, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).

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with Eurostat data and the methodology used for reporting European statistics in accordance with Regulation (EC) No 223/2009 i. AM 40 Accept in part

• (32) 

  In view of the collective (32) In view of the collective (32) In view of the collective (32) In view of the collective achievement of the objectives of the achievement of the objectives of the achievement of the objectives of the achievement of the objectives of the Energy Union Strategy, it will be five dimensions of the Energy Union Energy Union Strategy, it will be Energy Union Strategy, in particular essential for the Commission to assess Strategy, in particular the creation of essential for the Commission to assess the creation of a fully functional and national plans and, based on progress a fully functional and resilient Energy national plans and, based on progress resilient Energy Union, it will be reports, their implementation. For the Union, it will be essential for the reports, their implementation. For the essential for the Commission to assess first ten-year period, this concerns in Commission to assess draft national first ten-year period, this concerns in draft national plans, national plans particular the achievement of the plans as well as the implementation of particular the achievement of the and, based on progress reports, their Union-level 2030 targets for energy notified national plans by means of Union-level 2030 targets for energy implementation. For the first ten-year and climate and national contributions progress reports. This is particularly and climate and national contributions period, this concerns in particular the to those targets. Such assessment the case with regard to the Unionto those targets. Such assessment achievement of the Union-level 2030 should be undertaken on a biennial level 2030 targets for energy and should be undertaken on a biennial targets for energy and climate and basis, and on an annual basis only climate for the first ten-year period. basis, and on an annual basis only national contributions to those targets. where necessary, and should be Such assessment should be undertaken where necessary, and should be Such assessment should be undertaken consolidated in the Commission's State on a biennial basis, and on an annual consolidated in the Commission's State on a biennial basis, and on an annual of the Energy Union reports. basis where necessary, and should be of the Energy Union reports. basis only where necessary, and should

  consolidated in the Commission's State be consolidated in the Commission's of the Energy Union reports. State of the Energy Union reports. [ ] AM 41 Note: text aligned with final

• (33) 

  Aviation has impacts on the (33) Aviation has impacts on the (33) Aviation has impacts on the agreement on ETS Aviation. global climate as a result of the release global climate as a result of the release global climate as a result of the release of CO2 as well as of other emissions, of CO2 as well as of other emissions, of CO 2 as well as of other emissions, (33) Aviation has impacts on the including nitrogen oxides emissions, including nitrogen oxides emissions, including nitrogen oxides emissions, global climate as a result of the release and mechanisms, such as cirrus cloud and mechanisms, such as cirrus cloud and mechanisms, such as cirrus cloud of CO2 as well as of other emissions, enhancement. In the light of the rapidly enhancement. In the light of the rapidly enhancement. In the light of the rapidly including nitrogen oxides emissions, developing scientific understanding of developing scientific understanding of developing scientific understanding of and mechanisms, such as cirrus cloud those impacts, an updated assessment those impacts, an updated assessment those impacts, an updated assessment enhancement. In the light of the rapidly of the non-CO2 impacts of aviation on of the non-CO2 impacts of aviation on of the non-CO 2 impacts of aviation on developing scientific understanding of the global climate is already foreseen the global climate is already foreseen the global climate is already foreseen those impacts, an updated assessment in Regulation (EU) No 525/2013 i. The in Regulation (EU) No 525/2013 i. The in Regulation (EU) No 525/2013 i. The of the non-CO2 impacts of aviation on modelling used in this respect should modelling used in this respect should modelling used in this respect should the global climate is already foreseen

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be adapted to scientific progress. be adapted to scientific progress. be adapted to scientific progress. in Regulation (EU) No 525/2013 i. The Based on its assessments of such Based on its assessments of such Based on its assessments of such modelling used in this respect should impacts, the Commission could impacts, the Commission should, by 1 impacts, the Commission could be adapted to scientific progress. consider relevant policy options for March 2020, consider relevant policy consider relevant policy options for Based on its assessments of such addressing them. options for addressing them and addressing them. impacts, the Commission should, by 1

present a legislative proposal, if January 2020, present an updated appropriate. analysis of the non-CO2 effects of aviation, accompanied, where appropriate, by a proposal on how best to address those effects.

N.B.: see Regulation 2017/2392 of 13 December 2017 amending Directive 2003/87/EC to continue current limitations of scope for aviation activities [...], Art. 1(8): "in Article 30, the following paragraph is added: ‘5.Before 1 January 2020, the Commission shall present an updated analysis of the non-CO2 effects of aviation, accompanied, where appropriate, by a proposal on how best to address those effects.’;"

AM 42 (33a) In accordance with the current Recital 33 a (new) UNFCCC greenhouse gas reporting (33a) In accordance with the current guidelines, the calculation and UNFCCC greenhouse gas reporting reporting of methane emissions is guidelines, the calculation and based on global warming potentials reporting of methane emissions is (GWP) relating to a 100-year time based on global warming potentials horizon. Given the high GWP and (GWP) relating to a 100-year time relatively short atmospheric lifetime horizon. Given the high GWP and of methane, leading to a significant relatively short atmospheric lifetime impact on the climate in the short and of methane, leading to a significant middle term, the Commission should impact on the climate in the short and analyse the implications for middle term, the Commission should implementing policies and measures

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analyse the implications for policies for the purpose of reducing the short

and measures of adopting a 20-year and middle-term impact of methane

time horizon for methane. Based on emissions on Union greenhouse gas

its analysis, the Commission should emissions [ ]. [ ] The Commission

consider relevant policy options for should consider [ ] policy options for

rapidly addressing methane emissions rapidly addressing methane emissions

through a Union Methane Strategy, and should put forward [ ] a Union

prioritising energy and waste-related strategic approach for methane [ ] as

methane emissions. an integral part of the Union's longterm

strategy as referred to in

Article 14.

Note: aligned with compromise proposal in new Art. 14(bis)

(cf. AM 175 + 307) AM 43 Accept in part

• (34) 

  To help ensure coherence (34) To help ensure coherence (34) To help ensure coherence between (34) To help ensure coherence between between national and Union between national and Union national and Union policies and objectives national and Union policies and objectives of policies and objectives of the policies and objectives of the of the Energy Union, there should be an onthe Energy Union, there should be an on Energy Union, there should be Energy Union, there should be an going dialogue between the Commission going dialogue between the Commission and an on-going dialogue between on-going dialogue between the and the Member States. As appropriate, the the Member States and, where appropriate, the Commission and the Commission and the Member Commission should issue recommendations between the Member States. As appropriate, Member States. As appropriate, States and, where appropriate, to Member States including on the level of the Commission should issue the Commission should issue between the Member States. The ambition of the draft national plans, on the recommendations to Member States including recommendations to Member Commission should issue subsequent implementation of policies and on the level of ambition of the draft national States including on the level of recommendations to Member measures of the notified national plans, and plans, on the subsequent implementation of ambition of the draft national States including on the level of on other national policies and measures of policies and measures of the notified national plans, on the subsequent ambition of the draft national relevance for the implementation of the plans, and on other national policies and implementation of policies and plans, on the subsequent Energy Union. Whereas measures of relevance for the implementation measures of the notified implementation of policies and recommendations have no binding force, of the Energy Union. Whereas national plans, and on other measures of the notified national as set out in Article 288 of the TFEU, recommendations have no binding force, as national policies and measures plans, and on other national Member States should nevertheless take set out in Article 288 of the TFEU, Member of relevance for the policies and measures of due [ ] account of such recommendations States should nevertheless take due [ ] implementation of the Energy relevance for the implementation and explain in subsequent progress reports account of such recommendations and explain

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Union. Member States should of the Energy Union. Member how this has been done [ ]. With regard in subsequent progress reports how this has take utmost account of such States should take such to renewable energy the Commission been done [ ]. With regard to renewable recommendations and explain in recommendations into account assessment shall be based on the energy the Commission assessment shall be subsequent progress reports and explain in subsequent objective critera. Whereas the analysis of based on the objective critera. Whereas the how they have been progress reports how they have the Commission underlying its analysis of the Commission underlying its implemented. been implemented. assessments may contain quantitative assessments may contain quantitative

elements, the Commission elements, the Commission recommendations should remain recommendations should remain qualitative in nature and not include qualitative in nature and not include quantitative levels of national ambition quantitative levels of national ambition for for the year 2030. If the Commission the year 2030. If the Commission issues a issues a recommendation on a Member recommendation on a Member State's draft State's draft national plan, it should do national plan, it should do so as quickly as so as quickly as possible, having regard possible, having regard to, on the one hand, to, on the one hand, the need for the the need for the Commission to add up Commission to add up certain quantified certain quantified planned contributions of planned contributions of all Member all Member States in order to assess States in order to assess ambition at ambition at Union level, and on the other Union level, and on the other hand, the hand, the need to provide adequate time for need to provide adequate time for the the Member State concerned to take due Member State concerned to take due consideration of the Commission's consideration of the Commission's recommendations before finalising its recommendations before finalising its national plan, and the need to avoid the national plan, and the need to avoid the risk of delay of the Member State's national risk of delay of the Member State's plan. national plan.

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(34bis) Cost-effective deployment of renewable energy is one of the [ ] key objective criteria [ ] for assessing Member States’ contributions. The cost structure of deploying renewable energy is complex and varies significantly between Member States. It includes not only simply the costs of support schemes, but, inter alia, the connection costs of installations, system backup, providing system security and costs that need to be borne when complying with environmental restrictions. Thus when comparing Member States based on this criterion, all costs related to deployment, whether they are borne by the Member State, final consumers or project developers, should be accounted for. The Commission’s recommendations on the Member States’ renewable ambitions should be based on a methodology that takes into account various objective criteria affecting the renewable energy development. Thus, the methodology for evaluating the renewable energy ambition of the Member States should indicate the relative effort made by the Member States, while also taking into consideration relevant circumstances affecting the renewable energy development. The methodology should include data originating from independent quantitative and/or qualitative data sources.

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AM 44 Accept in part & To be discussed with EP (accepted in Council text: early efforts,

• (35) 

  Should the ambition of voluntary contributions) integrated national energy and climate (35) Should the ambition and the

plans or their updates be insufficient targets, policies and measures (35) Should the ambition of for the collective achievement of the described in the integrated national integrated national energy and climate

• (35) 

  Should the ambition of

Energy Union objectives and, for the energy and climate plans be plans or their updates be insufficient

integrated national energy and climate

first period, in particular the 2030 insufficient for the collective for the collective achievement of the

plans or their updates be insufficient

targets for renewable energy and achievement of the Energy Union Energy Union objectives and, for the

for the collective achievement of the

energy efficiency, the Commission objectives and, for the first period, in first period, in particular the 2030

Energy Union objectives and, for the

should take measures at Union level in particular the 2030 targets for targets for renewable energy and

first period, in particular the 2030

order to ensure the collective renewable energy and energy energy efficiency, the Commission

targets for renewable energy and

achievement of these objectives and efficiency, the Commission should should take measures at Union level in

energy efficiency, the Commission

targets (thereby closing any 'ambition take measures at Union level in order order to ensure the collective

should take measures at Union level in

gap'). Should progress made by the to ensure the collective achievement of achievement of these objectives and

order to ensure the collective

Union towards these objectives and these objectives and targets and targets (thereby closing any 'ambition

achievement of these objectives and

targets be insufficient for their Member States should review gap'). Should progress made by the

targets (thereby closing any 'ambition

delivery, the Commission should, in upwards their national targets in the Union towards these objectives and

gap'). Should progress made by the

addition to issuing recommendations, field of renewable energy sources by targets be insufficient for their

Union towards these objectives and

take measures at Union level or 31 December 2020 (thereby closing delivery, the Commission should, in

targets be insufficient for their

Member States should take additional any 'ambition gap'). Should progress addition to issuing recommendations, [

delivery, the Commission should, in

measures in order to ensure made by the Union towards these ] propose measures and make use of

addition to issuing recommendations, [

achievement of these objectives and objectives and targets be insufficient relevant empowerments at Union

] propose measures and make use of

targets (thereby closing any 'delivery for their delivery, the Commission level or Member States should take

relevant empowerments at Union

gap'). Such measures should take into may, in addition to issuing additional measures in order to ensure

level or Member States should take

account early ambitious contributions recommendations, take measures at achievement of these objectives and

additional measures in order to ensure

made by Member States to the 2030 Union level or request additional targets (thereby closing any 'delivery

achievement of these objectives and

targets for renewable energy and measures from Member States in order gap'). Such measures should take into

targets (thereby closing any 'delivery

energy efficiency when sharing the to ensure their achievement (thereby account early ambitious contributions

gap'). Such measures should take into

effort for collective target closing any 'delivery gap'). made by Member States to the 2030

account early ambitious contributions

achievement. In the area of renewable target[ ] for [ ] energy efficiency when

made by Member States to the 2030

energy, such measures can also include sharing the effort for collective target

target[ ] for [ ] energy efficiency when

financial contributions by Member Such measures should take into achievement. Such measures should

sharing the effort for collective target

States to a financing platform managed account early ambitious efforts made also take into account early efforts

achievement. Such measures should also take into account early efforts

by the Commission, which would be by Member States to the 2030 targets made by Member States to the 2030 made by Member States to the 2030

ANNEX DG E 2B EN

used to contribute to renewable energy for renewable energy and energy target for renewable energy by target for renewable energy by projects across the Union. Member efficiency when sharing the effort for reaching in or before 2020 a share of reaching in or before 2020 a share of States' national renewable energy collective target achievement. energy from renewable sources energy from renewable sources targets for 2020 should serve as above its national binding target, or above its national binding target, or baseline shares of renewable energy by making early progress in the by making early progress in the from 2021 onwards. In the area of period 2005-2020 or in the period 2005-2020 or in the energy efficiency, additional measures implementation of its contribution to implementation of its contribution to can in particular aim at improving the the Union's binding target of at least the Union's binding target of at least energy efficiency of products, 27% of renewable energy in 2030. 27% of renewable energy in 2030. buildings and transport. In the area of renewable energy, such In the area of renewable energy, such

measures can also include voluntary In the area of renewable energy, such measures can also include voluntary financial contributions by Member measures can also include voluntary financial contributions by Member States to a financing platform managed financial contributions by Member States to a financing mechanism by the Commission, which would be States to a financing mechanism managed by the Commission, which used to contribute to renewable energy managed by the Commission, which would be used to contribute to the projects across the Union, including would be used to contribute to the most cost-efficient renewable energy those of Energy Union interest. most cost-efficient renewable energy projects across the Union, thus projects across the Union, thus providing the Member State with the

providing the Member State with the option to contribute to the EU target option to contribute to the EU target achievement at the lowest possible

Member States' national renewable achievement at the lowest possible cost. [ ]. energy targets for 2020 should serve as cost. [ ]. In the area of energy Member States' national renewable baseline shares of renewable energy efficiency, additional measures can in energy targets for 2020 should serve from 2021 onwards and should be particular aim at improving the energy as baseline shares of renewable maintained throughout the period. In efficiency of products, buildings and energy from 2021 onwards and the area of energy efficiency, transport. should be maintained throughout the additional measures can in particular period. In the area of energy aim at improving the energy efficiency efficiency, additional measures can in of products, buildings and transport. particular aim at improving the energy efficiency of products, buildings and transport.

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(35bis) Member States' national renewable energy targets for 2020 as set out in Annex I of [recast of Directive 2009/28/EC i as proposed by COM(2016) 767 i] should serve as the starting point for their national indicative trajectory for the period 2021 to 2030, unless a Member State voluntarily decides to set an higher starting point. In addition, they should constitute for this period a mandatory baseline share that forms equally part of [recast of Directive 2009/28/EC as proposed by COM(2016) 767 i]. Consequently, in this period the share of energy from renewable sources in each Member State's gross final consumption of energy should not be lower than its baseline share.

(35ter) If a Member State does not maintain its baseline share as measured over a one-year period, it should, within one year, take additional measures to cover this gap to its baseline scenario. Where a Member State has effectively taken such necessary measures and fulfilled its obligation to cover the gap, it should be deemed to comply with the mandatory requirements of its base-line scenario as from the moment in time when the gap in question occurred and both under this Regulation and under [recast of Directive 2009/28/EC i as proposed by COM(2016) 767 i].

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(35quater) In order to enable (35quater) In order to enable adequate monitoring and early adequate monitoring and early corrective action by Member States corrective action by Member States and the Commission, and in order to and the Commission, and in order to avoid the 'free rider' effect, the avoid the 'free rider' effect, the indicative trajectories of all Member indicative trajectories of all Member States (and, as a result, also the States (and, as a result, also the indicative trajectory of the Union) indicative trajectory of the Union) should reach, in 2023, [ ] 2025 and should reach, in 2022, 2025 and 2027 2027 at least certain minimum at least certain minimum percentages of the total increase in percentages of the total increase in renewable energy foreseen for 2030, renewable energy foreseen for 2030, as set out in this Regulation. The as set out in this Regulation. The achievement of these 'reference achievement of these 'reference points' in 2023, [ ] 2025 and 2027 will points' in 2022, 2025 and 2027 will be assessed by the Commission on be assessed by the Commission in the basis of, inter alia, the Member 2024, 2027 and 2029, respectively, on States' integrated national energy the basis of, inter alia, the Member and climate progress reports that States' integrated national energy Member States should present in and climate progress reports that 2025, [ ] 2027 and 2029, respectively. Member States should present [ ]. If If the indicative reference points of the indicative reference points of the the Union are not met, Member Union are not met, Member States States below their reference points below their reference points should should cover the gap [ ] by cover the gap by implementing implementing additional measures [ additional measures.

].

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• (36) 

  The Union and the Member (36) The Union and the Member

States should strive to provide the most States should strive to provide the most up-to-date information on their up-to-date information on their greenhouse gas emissions and greenhouse gas emissions and removals. This Regulation should removals. This Regulation should enable such estimates to be prepared in enable such estimates to be prepared in the shortest timeframes possible by the shortest timeframes possible by using statistical and other information, using statistical and other information, such as, where appropriate, spacesuch as, where appropriate, spacebased data provided by the Global based data provided by the Global

Monitoring for Environment and Monitoring for Environment and

Security programme and other satellite Security programme and other satellite systems. systems.

• (37) 

  Under Regulation [ ] [ESR], the (37) Under Regulation [ ] [ESR], the approach of the annual commitment approach of the annual commitment cycle taken in Decision No cycle taken in Decision No

406/2009/EC of the European 406/2009/EC of the European

Parliament and of the Council should Parliament and of the Council 23 should continue. That requires a continue. That requires a comprehensive review of Member comprehensive review of Member

States’ greenhouse gas inventories to States’ greenhouse gas inventories to enable the assessment of compliance enable the assessment of compliance and the application of corrective and the application of corrective action, where necessary. A review action, where necessary. A review process at Union level of the process at Union level of the greenhouse gas inventories submitted greenhouse gas inventories submitted by Member States is necessary to by Member States is necessary to ensure that compliance with ensure that compliance with

Regulation [ ] [ESR] is assessed in a Regulation [ ] [ESR] is assessed in a credible, consistent, transparent and credible, consistent, transparent and timely manner. timely manner.

23 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

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AM 45 Accept in part, with changes (38) Member States and the (38) Member States and the (38) Member States and the (38) Member States and the Commission should ensure close Commission should ensure close Commission should ensure close Commission should ensure close cooperation on all matters relating to cooperation on all matters relating to cooperation on all matters relating to cooperation on all matters relating to the implementation of the Energy the implementation of the Energy the implementation of the Energy the implementation of the Energy Union and this Regulation, with close Union and this Regulation, with close Union, [] with close involvement of Union, [] with close involvement of involvement of the European involvement of the European the European Parliament on matters the European Parliament on matters Parliament. The Commission should as Parliament. The Commission should related to this Regulation []. The related to this Regulation []. The appropriate assist Member States in assist Member States in implementing Commission should as appropriate Commission should as appropriate implementing this Regulation, this Regulation, particularly with assist Member States in implementing assist Member States in implementing particularly with regard to the regard to the establishment, this Regulation, particularly with this Regulation, particularly with establishment of the national plans and implementation and monitoring of the regard to the establishment of the regard to the establishment of the associated capacity building. integrated national energy and climate national plans and associated capacity integrated national energy and climate

plans and the long-term climate and building. plans and associated capacity building, energy strategy and associated including by mobilising internal capacity building by mobilising resources from internal modelling internal resources from the European capacity and, where appropriate, Environment Agency, the Joint external expertise. Research Centre, internal modelling capacity and, where appropriate, external expertise.

• (39) 

  Member States should ensure (39) Member States should ensure that integrated national energy and that integrated national energy and climate plans take into consideration climate plans take into consideration the latest country-specific the latest country-specific recommendations issued in the context recommendations issued in the context of the European Semester. of the European Semester.

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• (40) 

  The European Environment (40) The European Environment

Agency should assist the Commission, Agency should assist the Commission, as appropriate and in accordance with as appropriate and in accordance with its annual work programme, with its annual work programme, with assessment, monitoring and reporting assessment, monitoring and reporting work. work.

• (41) 

  The power to adopt acts in (41) The power to adopt acts in Note: EP does not agree to the accordance with Article 290 of the accordance with Article 290 of the Council GA text (final text will Treaty on the Functioning of the Treaty on the Functioning of the depend on Art. 14(2a))

European Union (TFEU) should be European Union (TFEU) should be delegated to the Commission in order delegated to the Commission in order to amend the general framework for to amend the general framework for integrated national energy and climate integrated national energy and climate plans (template), set up a financing plans (template) in order to adapt this platform to which Member States can to amendments to the Union Energy contribute in case the Union trajectory and Climate policy framework that towards the 2030 Union renewable are directly and specifically related energy target is not collectively met, to the Union's contributions under take account of changes in the global the UNFCCC and Paris Agreement [ warming potentials ("GWPs") and ], take account of changes in the global internationally agreed inventory warming potentials ("GWPs") and guidelines, set substantive internationally agreed inventory requirements for the Union inventory guidelines, set substantive system and set up the registries requirements for the Union inventory pursuant to Article 33. It is of system and set up the registries particular importance that the pursuant to Article 33. It is of

Commission carries out appropriate particular importance that the consultations during its preparatory Commission carries out appropriate work, including at expert level, and consultations during its preparatory that those consultations be conducted work, including at expert level, and in accordance with the principles laid that those consultations be conducted down in the Inter-institutional in accordance with the principles laid

Agreement on Better Law-Making of down in the Inter-institutional

13 April 2016. In particular, to ensure Agreement on Better Law-Making of equal participation in the preparation 13 April 2016. In particular, to ensure

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of delegated acts, the European equal participation in the preparation

Parliament and the Council should of delegated acts, the European receive all documents at the same time Parliament and the Council should as Member States' experts, and their receive all documents at the same time experts should systematically have as Member States' experts, and their access to meetings of Commission experts should systematically have expert groups dealing with the access to meetings of Commission preparation of delegated acts. It should expert groups dealing with the also take into account, where preparation of delegated acts. It should necessary, decisions adopted under the also take into account, where

UNFCCC and the Paris Agreement. necessary, decisions adopted under the

UNFCCC and the Paris Agreement.

AM 46 Addressed in compromise text for AM

Recital 41 a (new) 54.

(41a) This Regulation includes

provisions related to the treatment of

energy efficiency as an infrastructure

priority, recognising that it fulfils the

definition of infrastructure used by

the IMF and other economic

institutions, and to make it a crucial

element and a priority consideration

in future investment decisions on the

Union's energy infrastructure 1a .

1a European Parliament report of 2 June 2016 on the implementation of the Energy Efficiency Directive (2012/27/EU)-(2015/2232(INI))

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• (42) 

  In order to ensure uniform (42) In order to ensure uniform conditions for the implementation of conditions for the implementation of

Articles 15(3), Article 17(4), Article Articles 15(3), Article 17(4), Article

23(6), Article 31(3) and (4) and Article 23(6), Article 27(1), Article 27(4ter),

32(3) of this Regulation, implementing Article 30(6), Article 31(3) and (4) powers should be conferred on the and Article 32(3) of this Regulation,

Commission. Those powers should be implementing powers should be exercised in accordance with conferred on the Commission. Those

Regulation (EU) No 182/2011 i . powers should be exercised in accordance with Regulation (EU) No 182/2011 i 24 .

AM 47 (43) In order to exercise the (43) The Commission should be (43) The Commission should be (43) The Commission should be implementing powers laid down in assisted in its tasks under this assisted in its tasks under this assisted in its tasks under this this Regulation, the Commission Regulation by an Energy Union Regulation by an Energy and Climate Regulation by an Energy Union should be assisted in its tasks by an Committee to prepare implementing Committee to prepare implementing Committee and a Climate Change Energy Union Committee and by a acts. It should replace and take on the acts. As regards matters related to the Committee to prepare implementing Climate Change Committee which assignments of the Climate Change implementation of climate specific acts. reinstates the existing Climate Committee and other committees as provisions, the Commission should be Change Committee established by appropriate. assisted by the Climate Change Article 8 of Decision 93/389/EEC i,

Committee established under Article 9 of Decision 280/2004/EC Regulation (EU) No 525/2013 i. and Article 26 of Regulation (EU) No 525/2013. In order to ensure consistency of policies and aim at maximising synergies between sectors, both climate and energy experts should be invited to the meetings of both committees when implementing this Regulation.

Note: see AM 201-203

24 Regulation (EU) No 182/2011 i of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

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• (44) 

  The Commission should review (44) The Commission should review (44) The Commission should report the implementation of this Regulation the implementation of this Regulation on [ ] the implementation of this in 2026 and make amending proposals in 2026 and make amending proposals Regulation in 2024 and every five as appropriate to ensure the proper as appropriate to ensure the proper years thereafter [ ] and make implementation of the Regulation and implementation of the Regulation and amending proposals as appropriate to the achievement of its objectives. The the achievement of its objectives. The ensure the proper implementation of review should take into account review should take into account the Regulation and the achievement of evolving circumstances and be evolving circumstances and be its objectives. The review should take informed by the results of the global informed by the results of the global into account evolving circumstances stocktake of the Paris Agreement, stocktake of the Paris Agreement, and be informed by the results of the where necessary. where necessary. global stocktake of the Paris

  Agreement [ ]. AM 48 Maintain Council GA Recital 44 a (new) (COM right of initiative) (44a) In preparation for a future review of this Regulation and in the context of the Union cyber security strategy, the Commission should, in close cooperation with the Member

  States, assess whether it might be necessary to add additional uniform planning and reporting requirements on the Member States' efforts to improve the protection of critical infrastructure of the Union's energy system against any form of cyber threats, in particular in the view of the increasing number of potentially critical cyber attacks during the last decade, in order to guarantee energy security in any circumstances. However, such an improved coordination within the Union should not affect Member States' national security interest by revealing sensitive information.

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• (45) 

  This Regulation should (45) This Regulation should integrate, amend, replace and withdraw integrate, amend, replace and withdraw certain planning, reporting and certain planning, reporting and monitoring obligations currently monitoring obligations currently contained in sectorial energy and contained in sectorial energy and climate Union legislation to ensure a climate Union legislation to ensure a streamlined and integrated approach to streamlined and integrated approach to the main planning, reporting and the main planning, reporting and monitoring strands. The following acts monitoring strands. The following acts should therefore be amended should therefore be amended accordingly: accordingly:

– Directive 94/22/EC i of the – Directive 94/22/EC i of the

European Parliament and of the European Parliament and of the

Council of 30 May 1994 on the Council of 30 May 1994 on the conditions for granting and using conditions for granting and using authorizations for the prospection, authorizations for the prospection, exploration and production of exploration and production of hydrocarbons ; 25 hydrocarbons ;

– Directive 98/70/EC i of the – Directive 98/70/EC i of the

European Parliament and of the European Parliament and of the

Council of 13 October 1998 relating to Council of 13 October 1998 relating to the quality of petrol and diesel fuels the quality of petrol and diesel fuels and amending Council Directive and amending Council Directive

93/12/EEC ; 93/12/EEC 26 ;

25 OJ L 164, 30.6.1994, p. 3.

26 OJ L 350, 28.12.1998, p. 58.

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– Directive 2009/31/EC i of the – Directive 2009/31/EC i of the

European Parliament and of the European Parliament and of the

Council of 23 April 2009 on the Council of 23 April 2009 on the geological storage of carbon dioxide geological storage of carbon dioxide and amending Council Directive and amending Council Directive

85/337/EEC, European Parliament and 85/337/EEC, European Parliament and

Council Directives 2000/60/EC i, Council Directives 2000/60/EC i,

2001/80/EC, 2004/35/EC, 2006/12/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC,

2008/1/EC and Regulation (EC) No 2008/1/EC and Regulation (EC) No

1013/2006 ; 1013/2006 27 ;

– Regulation (EC) No 663/2009 i of –– Regulation (EC) No 663/2009 i of the European Parliament and of the the European Parliament and of the

Council of 13 July 2009 establishing a Council of 13 July 2009 establishing a programme to aid economic recovery programme to aid economic recovery by granting Community financial by granting Community financial assistance to projects in the field of assistance to projects in the field of energy ; 28 energy ;

– Regulation (EC) No 715/2009 i of – Regulation (EC) No 715/2009 i of the European Parliament and of the the European Parliament and of the

Council of 13 July 2009 on conditions Council of 13 July 2009 on conditions for access to the natural gas for access to the natural gas transmission networks and repealing transmission networks and repealing

Regulation (EC) No 1775/2005 i ; Regulation (EC) No 1775/2005 i 29 ;

– Directive 2009/73/EC i of the – Directive 2009/73/EC i of the

European Parliament and of the European Parliament and of the

Council of 13 July 2009 concerning Council of 13 July 2009 concerning common rules for the internal market common rules for the internal market in natural gas and repealing Directive in natural gas and repealing Directive

2003/55/EC ; 2003/55/EC 30 ;

27 OJ L 140, 5.6.2009, p. 114.

28 OJ L 200, 31.7.2009, p. 31.

29 OJ L 211, 14.8.2009, p. 36.

30 OJ L 211, 14.8.2009, p. 94

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– Council Directive 2009/119/EC i – Council Directive 2009/119/EC i of 14 September 2009 imposing an of 14 September 2009 imposing an obligation on Member States to obligation on Member States to maintain minimum stocks of crude oil maintain minimum stocks of crude oil and/or petroleum products ; and/or petroleum products 31 ;

– Directive 2010/31 i/EU of the – Directive 2010/31 i/EU of the

European Parliament and of the European Parliament and of the

Council of 19 May 2010 on the energy Council of 19 May 2010 on the energy performance of buildings ; performance of buildings 32 ;

– Directive 2012/27 i/EU of the – Directive 2012/27 i/EU of the

European Parliament and of the European Parliament and of the

Council of 25 October 2012 on energy Council of 25 October 2012 on energy efficiency, amending Directives efficiency, amending Directives

2009/125/EC and 2010/30/EU and 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC i and repealing Directives 2004/8/EC i and

2006/32/EC ; 33 2006/32/EC ;

– Directive 2013/30 i/EU of the – Directive 2013/30 i/EU of the

European Parliament and of the European Parliament and of the

Council of 12 June 2013 on safety of Council of 12 June 2013 on safety of offshore oil and gas operations and offshore oil and gas operations and amending Directive 2004/35/EC i ; amending Directive 2004/35/EC i 34 ;

31 OJ L 265, 9.10.2009, p. 9.

32 OJ L 153, 18.6.2010, p. 13.

33 OJ L 315, 14.11.2012, p. 1.

34 OJ L 178, 28.6.2013, p. 66.

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– Council Directive (EU) – Council Directive (EU)

2015/652 of 20 April 2015 laying 2015/652 of 20 April 2015 laying down calculation methods and down calculation methods and reporting requirements pursuant to reporting requirements pursuant to

Directive 98/70/EC i of the European Directive 98/70/EC i of the European

Parliament and of the Council relating Parliament and of the Council relating to the quality of petrol and diesel fuels. to the quality of petrol and diesel

fuels 35 . (45bis) For reasons of coherence and legal clarity, nothing in this Regulation should prevent the application of the derogations pursuant to Article 66 of the [Electricity Directive], Article 59a of the [Electricity Regulation] and Article 18a of the [Regulation on risk-preparedness in the electricity sector and repealing Directive 2005/89/EC].

Note: see also Art. 51

35 OJ L 107, 25.4.2015, p. 26.

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• (46) 

  This Regulation should also (46) This Regulation should also integrate in full the provisions of integrate in full the provisions of

Regulation (EU) No 525/2013 i. As a Regulation (EU) No 525/2013 i. As a consequence, Regulation (EU) No consequence, Regulation (EU) No

525/2013 should be repealed as of 1 525/2013 should be repealed as of 1

January 2021. However, in order to January 2021. However, in order to ensure that the implementation of ensure that the implementation of

Decision No 406/2009/EC continues Decision No 406/2009/EC continues under Regulation (EU) No 525/2013 i under Regulation (EU) No 525/2013 i and that certain aspects linked to the and that certain aspects linked to the implementation of the Kyoto Protocol implementation of the Kyoto Protocol remain covered by legislation, it is remain covered by legislation, it is necessary that certain provisions necessary that certain provisions remain applicable after this date. remain applicable after this date.

• (47) 

  Since the objectives of this (47) Since the objectives of this

Regulation cannot be sufficiently Regulation cannot be sufficiently achieved by the Member States alone achieved by the Member States alone and can therefore, by reason of the and can therefore, by reason of the scale and effects of the proposed scale and effects of the proposed action, be better achieved at Union action, be better achieved at Union level, the Union may adopt measures level, the Union may adopt measures in accordance with the principle of in accordance with the principle of subsidiarity as set out in Article 5 of subsidiarity as set out in Article 5 of the Treaty on European Union. In the Treaty on European Union. In accordance with the principle of accordance with the principle of proportionality, as set out in that proportionality, as set out in that

Article, this Regulation does not go Article, this Regulation does not go beyond what is necessary to achieve beyond what is necessary to achieve those objectives. those objectives.

HAVE ADOPTED THIS HAVE ADOPTED THIS

REGULATION: REGULATION:

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CHAPTER 1 GENERAL PROVISIONS

Article 1 Subject matter and scope AM 49 Maintain Council GA 1. This Regulation establishes a 1. This Regulation establishes a 1. This Regulation establishes a Governance mechanism to: Governance mechanism to: Governance mechanism to:

(-a) implement long-term climate Maintain Council GA and energy strategies and measures designed to fulfil Union greenhouse Note: accepted in part (cf. para (a) gas emissions commitments consistent and recital 6a) with the Paris Agreement;

(a) implement strategies and (a) implement strategies and (a) implement strategies and (a) implement strategies and measures designed to meet the measures designed to meet the measures designed to meet the measures designed to meet the objectives and targets of the Energy objectives and targets of the Energy objectives and targets of the Energy objectives and targets of the Energy Union, and for the first ten-year period Union, and for the first ten-year period Union and the longer term objectives Union and the long-term Union from 2021 to 2030 in particular the from 2021 to 2030 in particular the of the Paris agreement, and for the greenhouse gas emissions EU's 2030 targets for energy and Union’s 2030 targets for energy and first ten-year period from 2021 to 2030 commitments consistent with the climate; climate; in particular the Union's [ ] 2030 Paris agreement, and for the first tentargets

for energy and climate; year period from 2021 to 2030 in particular the Union's [ ] 2030 targets for energy and climate;

(aa) structure partnerships and (aa) stimulate cooperation between cooperation between Member States Member States, including, where at macro-regional and regional level, appropriate, at regional level, designed to achieve the targets, designed to achieve the objectives and objectives and commitments of the targets of the Energy Union. Energy Union;

(b) ensure the timeliness, (b) ensure the timeliness, (b) ensure the timeliness, transparency, accuracy, consistency, transparency, accuracy, consistency, transparency, accuracy, consistency, comparability and completeness of comparability and completeness of comparability and completeness of reporting by the Union and its Member reporting by the Union and its Member reporting by the Union and its Member States to the UNFCCC and Paris States to the UNFCCC and Paris States to the UNFCCC and Paris Agreement secretariat. Agreement secretariat; Agreement secretariat.

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(ba) contribute to greater regulatory Accept certainty as well as contribute to greater investor certainty and help take full advantage of opportunities for economic development, investment stimulation, job creation and social cohesion; (bc) support a just transition for Maintain Council GA citizens and regions which could be negatively impacted by the transition Note: EP could agree to drop in to a low-carbon economy. exchange for compromise texts in recital 13 and in Annex I part 1 Section B5(2) The governance mechanism shall be Accept in part

The governance mechanism shall be based on integrated national energy The governance mechanism shall be The governance mechanism shall be based on integrated national energy and climate plans covering ten-year based on national long-term low based on [national] [long-term [low and climate plans covering ten-year periods starting from 2021 to 2030, emission strategies, integrated emission] strategies], integrated periods starting from 2021 to 2030, corresponding integrated national national energy and climate plans national energy and climate plans corresponding integrated national energy and climate progress reports by covering ten-year periods starting from covering ten-year periods starting from energy and climate progress reports by the Member States and integrated 2021 to 2030, corresponding integrated 2021 to 2030, corresponding integrated the Member States and integrated monitoring arrangements by the national energy and climate progress national energy and climate progress monitoring arrangements by the European Commission. It shall define reports by the Member States and reports by the Member States and European Commission. It shall define a structured, transparent, iterative integrated monitoring arrangements by integrated monitoring arrangements by a structured, iterative process between process between the Commission and the European Commission. It shall the European Commission. It shall the Commission and Member States in Member States ensuring full define a structured, iterative process ensure effective opportunities for the view of the finalisation of the national participation of the general public between the Commission and Member public to participate in the plans and their subsequent and local authorities in view of the States in view of the finalisation of the preparation of the national plans and implementation, including with regard finalisation of the national plans and national plans and their subsequent the long-term strategies. It shall define to regional cooperation, and their subsequent implementation, implementation, including with regard a structured, transparent, iterative corresponding Commission action. including with regard to macroto regional cooperation, and process between the Commission and

regional and regional cooperation, and corresponding Commission action. Member States in view of the corresponding Commission action. finalisation of the national plans and their subsequent implementation, including with regard to regional cooperation, and corresponding Commission action.

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• 2. 

  This Regulation shall apply to 2. This Regulation shall apply to 2. This Regulation shall apply to the following five dimensions of the the following five dimensions of the the [ ] five dimensions of the Energy Energy Union: Energy Union: Union that are closely related and

  mutually reinforcing:

(a) energy security, (a) energy security, (a) energy security,

(b) energy market, (b) internal energy market, (b) internal energy market, Accept

(c) energy efficiency, (c) energy efficiency, (c) energy efficiency,

(d) decarbonisation and (d) decarbonisation and (d) decarbonisation and

(e) research, innovation and (e) research, innovation and (e) research, innovation and competitiveness. competitiveness. competitiveness.

Article 2 Definitions AM 50 Accept For the purposes of this Regulation, the For the purposes of this For the purposes of this Regulation, the definitions in [recast of Directive Regulation, the definitions in definitions in [recast of Directive 2009/28/EC i 2009/28/EC as proposed by COM(2016) [recast of Directive 2009/28/EC i as as proposed by COM(2016) 767 i], Directive 767], Directive 2010/31 i/EU and Directive proposed by COM(2016) 767 i], 2010/31/EU and Directive 2012/27 i/EU shall 2012/27/EU shall apply. [recast of Directive 2009/72/EC i apply. The following definitions shall also apply: as proposed by COM(2016) XXX], The following definitions shall also apply:

Directive 2010/31 i/EU and Directive 2012/27 i/EU apply.

• (1) 

  'existing policies and measures' mean (1) 'existing policies and measures' mean implemented and adopted policies and implemented and adopted policies and measures; measures; (2) 'implemented policies and measures' (2) 'implemented policies and measures' mean policies and measures for which one mean policies and measures for which one or or more of the following applies at the date more of the following applies at the date of of submission of the national plan or submission of the national plan or progress progress report: directly applicable report: directly applicable European European legislation or national legislation legislation or national legislation is in force, is in force, one or more voluntary one or more voluntary agreements have been agreements have been established, financial established, financial resources have been resources have been allocated, human allocated, human resources have been resources have been mobilized; mobilized;

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AM 51 Maintain Council GA (3) 'adopted policies and measures' (3) 'adopted policies and measures' (3) 'adopted policies and measures' mean policies and measures for which mean policies and measures for which mean policies and measures for which an official government decision has an official central or sub-national an official government decision has been made by the date of submission government decision has been made by been made by the date of submission of the national plan or progress report the date of submission of the national of the national plan or progress report and there is a clear commitment to plan or progress report and there is a and there is a clear commitment to proceed with implementation; clear commitment to proceed with proceed with implementation;

implementation; (4) 'planned policies and measures' (4) 'planned policies and measures' are options under discussion and are options under discussion and having a realistic chance of being having a realistic chance of being adopted and implemented after the date adopted and implemented after the date of submission of the national plan or of submission of the national plan or progress report; progress report; (5) 'projections' means forecasts of (5) 'projections' means forecasts of anthropogenic greenhouse gas anthropogenic greenhouse gas emissions by sources and removals by emissions by sources and removals by sinks or developments of the energy sinks or developments of the energy system including at least quantitative system including at least quantitative estimates for a sequence of four future estimates for a sequence of four future years ending with 0 or 5 immediately years ending with 0 or 5 immediately following the reporting year; following the reporting year; (6) ‘projections without measures’ (6) ‘projections without measures’ means projections of anthropogenic means projections of anthropogenic greenhouse gas emissions by sources greenhouse gas emissions by sources and removals by sinks that exclude the and removals by sinks that exclude the effects of all policies and measures effects of all policies and measures which are planned, adopted or which are planned, adopted or implemented after the year chosen as implemented after the year chosen as the starting point for the relevant the starting point for the relevant projection; projection;

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Article 2(7) (7) ‘projections with measures’ (7) ‘projections with measures’ means projections of anthropogenic means projections of anthropogenic greenhouse gas emissions by sources greenhouse gas emissions by sources and removals by sinks that encompass and removals by sinks that encompass the effects, in terms of greenhouse gas the effects, in terms of greenhouse gas emission reductions or developments emission reductions or developments of the energy system, of policies and of the energy system, of policies and measures that have been adopted and measures that have been adopted and implemented; implemented; (8) ‘projections with additional (8) ‘projections with additional measures’ means projections of measures’ means projections of anthropogenic greenhouse gas anthropogenic greenhouse gas emissions by sources and removals by emissions by sources and removals by sinks or developments of the energy sinks or developments of the energy system that encompass the effects, in system that encompass the effects, in terms of greenhouse gas emission terms of greenhouse gas emission reductions, of policies and measures reductions, of policies and measures which have been adopted and which have been adopted and implemented to mitigate climate implemented to mitigate climate change or meet energy objectives, as change or meet energy objectives, as well as policies and measures which well as policies and measures which are planned for that purpose; are planned for that purpose;

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• (9) 

  'the Union’s 2030 targets for AM 52 (9) 'the Union’s 2030 targets for Maintain Council GA energy and climate' means the Uniondeleted energy and climate' means the Unionwide binding target of at least 40% wide binding target of at least 40% domestic reduction in economy-wide domestic reduction in economy-wide greenhouse gas emissions as compared greenhouse gas emissions as compared to 1990 to be achieved by 2030, the to 1990 to be achieved by 2030, the Union-level binding target of at least Union-level binding target of at least 27% for the share of renewable energy 27% for the share of renewable energy consumed in the Union in 2030, the consumed in the Union in 2030, the [] Union-level target of at least 27% for Union-level headline target of [ ] 30% improving energy efficiency in 2030, for improving energy efficiency in to be reviewed by 2020 having in mind 2030, [ ] and the 15% electricity an EU level of 30%, and the 15% interconnection target for 2030 or any electricity interconnection target for subsequent targets in this regard agreed 2030 or any subsequent targets in this by the European Council or Council regard agreed by the European Council and Parliament for the year 2030. or Council and Parliament for the year

2030.

• (10) 

  'national inventory system’ (10) 'national inventory system’ means a system of institutional, legal means a system of institutional, legal and procedural arrangements and procedural arrangements established within a Member State for established within a Member State for estimating anthropogenic emissions by estimating anthropogenic emissions by sources and removals by sinks of sources and removals by sinks of greenhouse gases, and for reporting greenhouse gases, and for reporting and archiving inventory information; and archiving inventory information;

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Article 2(11) (11) 'indicator' means a quantitative (11) 'indicator' means a quantitative or qualitative factor or variable that or qualitative factor or variable that contributes to better understanding contributes to better understanding progress in implementing; progress in implementing;

AM 53 Accepted in part, with changes: Article 2 - para 2 - point 11 a (new) cf. paragraph (19) of Council GA text, reproduced here:

(11a) 'early efforts' means early (19) ‘early efforts’ means: a progress of a Member State made, Member State's achievement, in or from 2021 onwards, towards its target before 2020, of a share of energy for renewable energy as referred to in from renewable sources above its Article 3 of [recast of Renewable national binding 2020 target or a Energy Directive] and its target for Member State's early progress in the improving energy efficiency as period 2005-2020 or in the referred to in Article 1(1) and Article implementation of its contribution to 3(4) of Directive 2012/27 i/EU; the Union's binding target of at least 27% of renewable energy in 2030 as referred to in Article 3 of [recast of Directive 2009/28/EC i as proposed by COM(2016) 767 i].

• (12) 

  'policies and measures' means all (12) 'policies and measures' means all instruments which contribute to instruments which contribute to meeting the objectives of the integrated meeting the objectives of the integrated national energy and climate plans national energy and climate plans and/or to implement commitments and/or to implement commitments under Article 4(2)(a) and (b) of the under Article 4(2)(a) and (b) of the UNFCCC, which may include those UNFCCC, which may include those that do not have the limitation and that do not have the limitation and reduction of greenhouse gas emissions reduction of greenhouse gas emissions or change in the energy system as a or change in the energy system as a primary objective; primary objective;

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• (13) 

  'system for policies and (13) 'system for policies and measures and projections' means a measures and projections' means a system of institutional, legal and system of institutional, legal and procedural arrangements established procedural arrangements established for reporting policies and measures and for reporting policies and measures and projections relating to anthropogenic projections relating to anthropogenic emissions by sources and removals by emissions by sources and removals by sinks of greenhouse gases and to the sinks of greenhouse gases and to the energy system, inter alia as required by energy system, inter alia as required by Article 32; Article 32; (14) 'technical corrections' means (14) 'technical corrections' means adjustments to the national greenhouse adjustments to the national greenhouse gas inventory estimates made in the gas inventory estimates made in the context of the review carried out context of the review carried out pursuant to Article 31 when the pursuant to Article 31 when the submitted inventory data are submitted inventory data are incomplete or are prepared in a way incomplete or are prepared in a way that is not consistent with relevant that is not consistent with relevant international or Union rules or international or Union rules or guidelines and that are intended to guidelines and that are intended to replace originally submitted estimates; replace originally submitted estimates; (15) ‘quality assurance’ means a (15) ‘quality assurance’ means a planned system of review procedures planned system of review procedures to ensure that data quality objectives to ensure that data quality objectives are met and that the best possible are met and that the best possible estimates and information are reported estimates and information are reported to support the effectiveness of the to support the effectiveness of the quality control programme and to quality control programme and to assist Member States; assist Member States;

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Article 2(16) (16) ‘quality control’ means a system (16) ‘quality control’ means a system of routine technical activities to of routine technical activities to measure and control the quality of the measure and control the quality of the information and estimates compiled information and estimates compiled with the purpose of ensuring data with the purpose of ensuring data integrity, correctness and integrity, correctness and completeness, identifying and completeness, identifying and addressing errors and omissions, addressing errors and omissions, documenting and archiving data and documenting and archiving data and other material used, and recording all other material used, and recording all quality assurance activities; quality assurance activities; (17) 'key indicators' mean the (17) 'key indicators' mean the indicators for the progress made with indicators for the progress made with regard to the five dimensions of the regard to the five dimensions of the Energy Union as proposed by the Energy Union as proposed by the Commission; Commission;

AM 54 Compromise proposal for a new recital 39bis: Article 2 - para 2 - point 17 a (new) (17a) ‘energy efficiency first’ means Member States should use the 'energy the prioritisation, in all energy efficiency first’ principle , which means to planning, policy and investment consider, before taking energy planning, decisions, of measures to make energy policy and investment decisions, whether costdemand and energy supply more efficient, technically, economically and efficient, by means of cost-optimal environmentally sound alternative energy energy end-use savings, demand-side efficiency measures could replace in whole or response initiatives and more efficient in part the envisaged planning, policy and conversion, transmission and investment measures, whilst still achieving distribution of energy; the objectives of the [ ] respective decisions, in particular the objectives of security of supply, interconnections and system reliability. This includes notably the treatment of energy efficiency as a crucial element and a key consideration in future investment decisions on energy infrastructure in the

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Union. Such cost-efficient alternatives could include measures to make energy demand and energy supply more efficient, by means of costoptimal energy end-use savings, demand-side response initiatives and more efficient conversion, transmission and distribution of energy. Member States should also encourage the spread of this principle in regional and local government, as well as in the private sector.

• (18) 

  'SET-Plan' means the Strategic (18) 'SET-Plan' means the Strategic

Energy Technology Plan as set out in Energy Technology Plan as set out in

Commission Communication (2015) Commission Communication (2015)

6317. 6317.

• (19) 

  ‘early efforts’ means: a Cf. AM 53 Member State's achievement, in or before 2020, of a share of energy from renewable sources above its national binding 2020 target or a Member State's early progress in the period 2005-2020 or in the implementation of its contribution to the Union's binding target of at least 27% of renewable energy in 2030 as referred to in Article 3 of [recast of Directive 2009/28/EC i as proposed by COM(2016) 767 i]. (20) 'regional cooperation' means a cooperation between two or more Member States engaged in a partnership covering at least one of the five dimensions of the Energy Union.

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CHAPTER 2 INTEGRATED NATIONAL ENERGY AND CLIMATE PLANS

Article 3 Integrated national energy and climate plans

AM 59 1. By 1 January 2019 and every ten 1. By 1 January 2019 and every ten 1. By [ ] 31 December 2019, and 1. By [ ] 31 December 2019, and years thereafter, each Member State years thereafter, each Member State subsequently by 1 January 2029 and subsequently by 1 January 2029 and shall notify to the Commission an shall notify to the Commission an every ten years thereafter*), each every ten years thereafter 36 , each integrated national energy and climate integrated national energy and climate Member State shall notify to the Member State shall notify to the plan. The plans shall contain the plan. The plans shall contain the Commission an integrated national Commission an integrated national elements set out in paragraph 2 and elements set out in paragraph 2 and energy and climate plan. The plans energy and climate plan. The plans Annex I. The first plan shall cover the Annex I. The first plan shall cover the shall contain the elements set out in shall contain the elements set out in period from 2021 to 2030. The period from 2021 to 2030. The paragraph 2. The content of the plans paragraph 2 [ ] and Annex I. The first following plans shall cover the tenfollowing plans shall cover the tenis further specified in [] Annex I. The plan shall cover the period from 2021 year period immediately following the year period immediately following the first plan shall cover the period from to 2030, bearing in mind the longer end of the period covered by the end of the period covered by the 2021 to 2030, bearing in mind the term perspective. The following plans previous plan. previous plan. longer term perspective. The shall cover the ten-year period

following plans shall cover the tenimmediately following the end of the year period immediately following the period covered by the previous plan. end of the period covered by the previous plan.

• 2. 

  The integrated national energy 2. The integrated national energy 2. The integrated national energy and climate plans shall consist of the and climate plans shall consist of the and climate plans shall consist of the following main sections: following main sections: following main sections:

36 Explanatory note: "1 January 2029 and every ten years thereafter" is in effect identical to the Commission proposal, which is carefully aligned with the Paris Agreement cycle. The amendments in this first sentence merely enable a later presentation of the first plan. This also applies to Art. 9(1). See also recital 18 of Council GA.

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(a) an overview of the process (a) an overview of the process (a) an overview of the process Maintain Council GA followed for establishing the integrated followed for establishing the integrated followed for establishing the integrated national energy and climate plan national energy and climate plan national energy and climate plan consisting of an executive summary, a consisting of: consisting of an executive summary, a description of the consultation and (1) an executive summary, description of the public consultation involvement of stakeholders and their (2) a description of the consultation and involvement of stakeholders and results, and of regional cooperation and involvement of local authorities, their results, and of regional with other Member States in preparing civil society, business, the social cooperation with other Member States the plan; partners and citizens and their results, in preparing the plan;

• (3) 

  a description of macro-regional and regional cooperation with other Member States in preparing the plan;

(b) a description of the national (b) a description of the national (b) a description of [ ] national Maintain Council GA objectives, targets and contributions objectives and targets for each of the objectives, targets and contributions [ ] for each of the five dimensions of the five dimensions of the Energy Union; relating to the [ ] dimensions of the Energy Union; Energy Union, as set out in Article 4

and Annex I;

(c) a description of the policies and (c) a description of the planned (c) a description of the policies and (c) a description of the planned measures foreseen to meet the policies, measures and investment measures foreseen in relation to [ ] the policies and measures [ ] foreseen in corresponding objectives, targets and strategies foreseen to meet the corresponding objectives, targets and relation to the corresponding contributions set out under point (b); corresponding objectives and targets contributions set out under point (b); objectives, targets and contributions set

set out under point (b); out under point (b) as well as a general overview of the investments needed to meet the corresponding objectives and targets/contributions;

Note: text provisionally agreed at technical level

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Article 3(2)(d) (d) a description of the current (d) a description of the current (d) a description of the current Accept in part, with changes: situation of the five dimensions of the situation of the five dimensions of the situation of the five dimensions of the (d) a description of the current Energy Union including with regard to Energy Union including with regard to Energy Union including with regard to situation of the five dimensions of the the energy system and greenhouse gas the energy system and greenhouse gas the energy system and greenhouse gas Energy Union including with regard to emissions and removals as well as emissions and removals as well as emissions and removals as well as the energy system and greenhouse gas projections with regard to the projections with regard to the projections with regard to the emissions and removals as well as objectives referred to in point (b) with objectives and targets referred to in objectives referred to in point (b) with projections with regard to the already existing (implemented and point (b) with already existing already existing (implemented and objectives referred to in point (b) with adopted) policies and measures; (implemented and adopted) policies adopted) policies and measures; already existing (implemented and

and measures and a description of the adopted) policies and measures; regulatory and non-regulatory barriers and hurdles to delivering the (da) if applicable, a description of the targets and objectives; regulatory and non-regulatory barriers and hurdles to delivering the targets, contributions or [ ] objectives related to renewable energy and energy efficiency;

(e) an assessment of the impacts of (e) an assessment of the impacts of (e) an assessment of the impacts of Maintain Council GA the planned policies and measures to individual and aggregated planned the planned policies and measures to meet the objectives referred to in point policies and measures to meet the meet the objectives referred to in point (b); targets and objectives referred to in (b), including their consistency with

Articles 1, 4, 13a and 14 and on the long term greenhouse gas environmental, including air quality emission reduction objectives under and nature protection, health, macrothe Paris Agreement and the long economic, and social impacts; term low emissions strategies as referred to in Article 14; (ea) an assessment of the impacts of Accept with changes the planned policies and measures on (ea) a general assessment of the competitiveness linked to the five impacts of the planned policies and dimensions of the Energy Union; measures on competitiveness linked to the five dimensions of the Energy Union;

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(eb) an assessment of the potential Maintain Council GA impacts of climate in the Member State, including direct and indirect impacts, and resilience strategies to manage the climate impacts, such as national adaptation plans; (ec) following the development of an Maintain Council GA investment strategy, an estimation of the public and private investment Note: provisionally agreed at necessary to implement the planned technical level - (see (c) above) policies and measures;

(f) an annex, drawn up in (f) an annex, drawn up in (f) an annex, drawn up in accordance with the requirements and accordance with the requirements and accordance with the requirements and structure laid down in Annex II to this structure laid down in Annex II to this structure laid down in Annex II to this Regulation, setting out the Member Regulation, setting out the Member Regulation, setting out the Member State's methodologies and policy State's methodologies and policy State's methodologies and policy measures for achieving the energy measures for achieving the energy measures for achieving the energy savings requirement in accordance savings requirement in accordance savings requirement in accordance with Article 7 to Directive 2012/27 i/EU with Article 7 to Directive 2012/27 i/EU with Article 7 to Directive 2012/27 i/EU [version as amended in accordance [version as amended in accordance [version as amended in accordance with proposal COM(2016)761 i] and with proposal COM(2016)761 i] and with proposal COM(2016)761 i] and Annex V thereto. Annex V thereto. Annex V thereto. 3. When preparing the national 3. When preparing the national 3. When preparing the national Accept plans referred to in paragraph 1, plans referred in paragraph 1, Member plans referred to in paragraph 1, 3. When preparing the national Member States shall take into account States shall: Member States shall take into account plans referred in paragraph 1, Member the interlinkages between the five the interlinkages between the five States shall: dimensions of the Energy Union and dimensions of the Energy Union and they shall use consistent data and they shall use consistent data and assumptions across the five dimensions assumptions across the five dimensions where relevant. where relevant.

Accept (a) limit administrative complexity (a) limit administrative complexity and costs for all relevant and costs for all relevant stakeholders; stakeholders;

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Article 3(3)(b) (b) take into account the interlinkages (b) take into account the interlinkages between between the five dimensions of the Energy the five dimensions of the Energy Union; Union, in particular the energy efficiency first principle; Note: 'energy efficiency first' to be discussed in

context of AM 54 - Art. 2(2)(17a) (c) use credible and consistent data and (Note: partially accepted in Council GA Art. 8(3)) assumptions across the five dimensions where relevant and make the data used for modelling (c) use robust and consistent data and exercises publicly available; assumptions across the five dimensions where

relevant. (d) ensure consistency with the objectives Maintain Council GA set out in Article 1 and with the national longterm climate and energy strategies as provided (Note: accepted in part in Council text, see in Article 14; paragraph 2(e) above) (e) assess the number of households in (e) assess the number of households in energy energy poverty, taking into account the poverty taking into account the necessary domestic necessary domestic energy services needed to energy services needed to guarantee basic guarantee basic standards of living in the standards of living in the relevant national relevant national context, and outline existing context, existing social policy and other relevant and planned policies and measures addressing policies, as well as indicative Commission energy poverty, including social policy guidance on relevant indicators for energy measures and other relevant national poverty.

programmes; In the event that a Member State has a In the event that a Member State finds that it has significant number of households in energy a significant number of households in energy poverty, as supported by the assessment based poverty as supported by its assessment based on on verifiable data, using geographical verifiable data, it [ ] shall include in its plan a dispersion indicators, it should include in its national indicative objective to reduce energy plan a national indicative objective to reduce poverty. Where available, those Member States energy poverty; concerned shall outline in their plans policies and measures addressing energy poverty, including social policy measures and other relevant national programmes;

Note: see also AM 148 and 154

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Article 3(3)(f) (f) include provisions to avoid, Maintain Council GA mitigate or, if the project is of public interest and no alternatives are available, compensate any adverse environmental impacts that become apparent as part of the integrated reporting pursuant to Articles 15 to

22; (g) take into consideration the Maintain Council GA latest country-specific recommendations issued in the Note: see similar text in recital 39 context of the European Semester. 3a. Member State shall ensure that, Maintain Council GA following their first integrated national energy and climate plans (Addressed in part in Art. 13(3) of each of their subsequent plans, Council GA text) notified to the Commission in accordance with paragraph 1,, modify their national targets and objectives, as referred to in Article 4, to reflect an increase in ambition as compared to that set out in its previous integrated national energy and climate plan. 3b. Member States shall make Accept available to the public the plans submitted to the Commission pursuant to this Article.

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• 4. 

  The Commission is empowered 4. The Commission is empowered 4. The Commission is empowered to adopt delegated acts in accordance to adopt delegated acts in accordance to adopt delegated acts in accordance with Article 36 to amend Annex I in with Article 36 to amend Annex I in with Article 36 to amend Annex I, order to adapt it to amendments to the order to adapt it to amendments to the Part 1, Section A, points 2.1.1 and Union Energy and Climate policy Union Energy and Climate policy 3.1.1; Section B points 4.1 and 4.2.1; framework, energy market framework, energy market and Part 2 point 3 in order to adapt developments and new UNFCCC and developments and new UNFCCC and these points [ ] to amendments to the Paris Agreement requirements. Paris Agreement requirements. Union Energy and Climate policy

  framework [ ] that are directly and specifically related to the Union's contributions under the [ ] UNFCCC and Paris Agreement [ ].

Article 4

National objectives, targets and AM 60 National objectives, targets and Maintain Council GA contributions for each of the five Targets and objectives for each of the contributions for [ ] the five dimensions of the Energy Union five dimensions of the Energy Union dimensions of the Energy Union Member States shall set out in their AM 61 Member States shall set out in their Member States shall set out in their integrated national energy and climate Member States shall set out in their integrated national energy and climate integrated national energy and climate plan the following main objectives, integrated national energy and climate plan their [ ] objectives, targets and plan [ ] the following main objectives, targets and contributions, as specified plan the following main objectives and contributions relating to the five targets and contributions, [ ] as in Section A.2. of Annex I: targets, as specified in Section A.2. of dimensions of the Energy Union, as specified in Section A.2. of Annex I.

Annex I: specified in Section A.2. of Annex I. [ ] These five dimensions and the main

objectives, targets and contributions are set out below:

(a) as regards the dimension (a) as regards the dimension

"Decarbonisation": "Decarbonisation":

• (1) 

  with respect to greenhouse gas (1) with respect to greenhouse gas emissions and removals and with a emissions and removals and with a view to contributing to the view to contributing to the achievement of the economy wide EU achievement of the economy wide EU greenhouse gas emissions reduction greenhouse gas emissions reduction target: target:

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• i. 

  the Member State's binding i. the Member State's binding national target for greenhouse gas national target for greenhouse gas emissions and the annual binding emissions and the annual binding national limits pursuant to Regulation [ national limits pursuant to Regulation [ ] [ESR]; ] [ESR]; ii. the Member State's ii. the Member State's commitments pursuant to Regulation [ commitments pursuant to Regulation [ ] [LULUCF]; ] [LULUCF];

  AM 62 Maintain Council GA Article 4 – para 1 – point a – point 1 – point ii a (new) (iia) trajectories that the Member State plans to maintain and enhance the carbon removals from sinks consistent with the long-term climate and energy strategies as referred to in Article 14; AM 63 [ ] Maintain Council GA

• iii. 

  where applicable, other national iii. other national objectives and objectives and targets consistent with targets consistent with the Paris existing long-term low emission Agreement and the long-term climate strategies; and energy strategies; iv. where applicable, other iv. where applicable, other Note: revert to the Commission proposal with objectives and targets, including sector relevant objectives and targets, changes: targets and adaptation goals; including sector targets [ ]; iv. where applicable to meet the objectives

  and targets of the Energy Union and the long term union greenhouse gas emissions commitments consistent with Paris Agreement, other objectives and targets, including sector targets and adaptation goals, [ ]*)

  *) Note: subject to compromise on financial support reporting requirements in Art. 17(3) and Annex VI

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Article 4(a)(2) (2) with respect to renewable (2) with respect to renewable energy: energy:

AM 64 Union binding target will be subject to i. with a view to achieving the i. with a view to achieving the negation in RED

Union's binding target of at least 27% Union's binding target of at least 35 % (trajectories to be negotiated in renewable energy in 2030 as referred renewable energy in 2030 as referred Governance) to in Article 3 of [recast of Directive to in [Article 3] of [recast of Directive

2009/28/EC as proposed by 2009/28/EC as proposed by i. with a view to achieving the

COM(2016) 767 i], a contribution to COM(2016) 767 i], Union's binding target of at least 27%

this target in terms of the Member i. with a view to achieving the renewable energy in 2030 as referred State's share of energy from renewable Union's binding target of at least 27% to in Article 3 of [recast of Directive sources in gross final consumption of renewable energy in 2030 as referred 2009/28/EC as proposed by energy in 2030, with a linear trajectory to in Article 3 of [recast of Directive COM(2016) 767 i], a contribution to for that contribution from 2021 2009/28/EC as proposed by this target in terms of the Member

onwards; COM(2016) 767 i], a contribution to this target in terms of the Member State's share of energy from renewable

State's share of energy from renewable sources in gross final consumption of sources in gross final consumption of energy in 2030, with an indicative [] energy in 2030, with an indicative [] trajectory for that contribution from trajectory for that contribution from 2021 onwards. By 2022, the indicative 2021 onwards. By 2023, the indicative trajectory shall reach a reference trajectory shall reach a reference point of at least 16% [ ] of the total point of at least 24% [ ] of the total increase in the share of energy from increase in the share of energy from renewable sources between that renewable sources between that Member State's binding 2020 Member State's binding 2020 national target, and its contribution national target, and its contribution to the 2030 target. By 2025, the to the 2030 target. By 2025, the indicative trajectory shall reach a indicative trajectory shall reach a reference point of at least 40% of the reference point of at least 40% of the total increase in the share of energy total increase in the share of energy from renewable sources between from renewable sources between that Member State's binding 2020 that Member State's binding 2020 national target and its contribution national target and its contribution to the 2030 target. By 2027, the

to the 2030 target. By 2027, the indicative trajectory shall reach a reference point of at least 60% of the

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indicative trajectory shall reach a total increase in the share of energy reference point of at least 60% of the from renewable sources between total increase in the share of energy that Member State's binding 2020 from renewable sources between national target and its contribution that Member State's binding 2020 to the 2030 target. By 2030, the national target and its contribution indicative trajectory shall reach at to the 2030 target. By 2030, the least the Member State’s planned indicative trajectory shall reach at contribution. If a Member State least the Member State’s planned expects to surpass its binding 2020 contribution. If a Member State national target, its indicative expects to surpass its binding 2020 trajectory may start at the level it is national target, its indicative projected to achieve. The Member trajectory may start at the level it is States' indicative trajectories, taken projected to achieve. The Member together, shall add up to the Union States' indicative trajectories, taken reference points in 2022, [ ] 2025 and together, shall add up to the Union 2027 and to the Union's binding reference points in 2023, [ ] 2025 and target of at least 27% renewable 2027 and to the Union's binding energy in 2030. Separately from its target of at least 27% renewable contribution to the Union target and energy in 2030. Separately from its its indicative trajectory for the contribution to the Union target and purposes of this Regulation, a its indicative trajectory for the Member State shall be free to purposes of this Regulation, a indicate higher ambitions for Member State shall be free to national policy purposes; 37 indicate higher ambitions for national policy purposes;

37 Note: in legal terms, a target for a given year (for example "by 2022") must be met at the latest on the last day of that year, i.e. 31 December. In the context of the renewables trajectories, the national contributions start from '0%' on 1 January 2021 and reach at least 100% by 31 December 2030. A linear trajectory would mean 20% by (31 December) 2022, 30% by 2023, 50% by 2025 and 70% by 2027.

The Council GA and the current Presidency compromise contain percentages corresponding to 80% linearity in 2022 (16%) and 2025 (40%), and to 86% linearity in 2027 (60%). The EP requests 100% linearity: 20% in 2022, 50% in 2025 and 70% in 2027. Having regard to the concern of most delegations to have a non-linear trajectory, and to the concern shared by all delegations, the EP and the Commission to guarantee the collective achievement of the binding EU target by 2030, a final compromise offer could correspond to 80%, 85% and 90% of linearity, i.e. 16% in 2022, 43% in 2025 (rounded up from 42.5), and 63% in 2027.

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AM 291 Maintain Council GA Article 4 – para 1 – point a – point 2 – point i a (new) Cf. Council text Art. 4(a)(2)(i) above ia. the Member State's national (similar progressive trajectory) target of energy from renewable sources in gross final consumption of energy in 2030 established pursuant to Article 3 and Annex Ia to Directive (EU).../... [recast of Directive 2009/28/EC as proposed by COM(2016) 767 i], with a progressive trajectory ensuring a regular deployment of renewable energy from 2021 onwards as set out in Annex Ia to this Regulation; Article 4(a)(2) AM 292 Maintain Council GA Article 4 – para 1 – point a – point 2 – point i b (new) ib. The trajectory referred to in paragraph ia shall: (i) start from the share of energy Maintain Council GA from renewable sources in 2020 as set out in the third column of the table in part A of Annex I to Directive (EU) .../... [recast of Directive 2009/28/EC i Last sentence accepted, with changes, as proposed by COM(2016) 767 i]. If a in Council text paragraph 2(i) above Member State surpasses its binding 2020 national target, its trajectory may start at the level achieved in 2020;

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(ii) consist of a minimum of three Maintain Council GA reference points calculated as an average of the two or three preceding Cf. Council text paragraph 2(i) above years as set out in Annex Ia; (three reference points) (iii) reach at least its 2030 national target; AM 67 Maintain Council GA

Article 4 – para 1 – point a – point 2

– point i c (new) Cf. Council text paragraph 2(i) above (MS trajectories shall add up to the

ic. The Member State's trajectory Union's binding target) referred to in points ia and ib, taken The issue of the Union trajectory is together, shall add up to the Union’s also reflected in Art. 25(2) of the binding linear trajectory and shall Council GA whereby the EU reach the Union’s binding target of at trajectory matches the national least 35 % energy from renewable reference points.

sources in gross final consumption of energy in 2030;

AM 68 Maintain Council GA

Article 4 – para 1 – point a – point 2 (cf. AM 32)

– point i d (new)

id. the Member State's trajectories for the overall share of renewable energy in final energy consumption from 2031 onwards shall be consistent with the long-term climate and energy strategies.

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Article 4(a)(2) AM 69 and 287 [ ] Maintain Council GA ii. trajectories for the sectorial ii. the Member State's indicative share of renewable energy in final trajectories for the sectorial share of energy consumption from 2021 to renewable energy in final energy

2030 in the heating and cooling, consumption from 2021 to 2030 in the electricity, and transport sectors; heating and cooling, electricity, and

transport sectors; AM 70 [ ] Maintain Council GA

• iii. 

  trajectories by renewable energy iii. indicative trajectories by technology that the Member State renewable energy technology that the plans to use to achieve the overall and Member State plans to use to achieve sectorial trajectories for renewable the overall and sectorial trajectories for energy from 2021 to 2030 including renewable energy from 2021 to 2030 total expected gross final energy including total expected gross final consumption per technology and sector energy consumption per technology in Mtoe and total planned installed and sector in Mtoe, total planned capacity per technology and sector in installed capacity per technology and

MW; sector including repowering in MW;

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Article 4(a)(2) AM 71 To be discussed with EP

Article 4 – para 1 – point a – point 2

– point iii a (new) Note: the substance of AM 71 is very similar to the requirement of Annex I,

iiia. the Member State's share of, as part 1, Section A, point 2.1.2(vi) of the

well as objectives and trajectories for Council GA (with the addition of "if

energy from renewable energy available" and the deletion of produced by cities, renewable energy "shares")

communities and self-consumers from 2021 to 2030, including expected gross final energy consumption in Mtoe.

(b) as regards the dimension (b) as regards the dimension

"Energy Efficiency": "Energy Efficiency":

• (1) 

  the indicative national energy AM 73 (1) the indicative national energy Maintain Council GA efficiency contribution to achieving the (1) the binding national energy efficiency contribution to achieving the Union's binding energy efficiency efficiency target to achieving the Union's [ ] energy efficiency target of Union target to be negotiated in EED target of 30% in 2030 as referred to in Union's binding energy efficiency 30% in 2030 as referred to in Article Article 1(1) and Article 3(4) of target of 40% in 2030 as referred to in 1(1) and Article 3(4) of Directive (trajectories, national contributions Directive 2012/27 i/EU [version as Article 1(1) and Article 3(4) of 2012/27/EU [version as amended in etc. to be negotiated in Governance) amended in accordance with proposal Directive 2012/27 i/EU [version as accordance with proposal COM(2016)761 i], based on either amended in accordance with proposal COM(2016)761 i], based on either primary or final energy consumption, COM(2016)761 i], based on either primary or final energy consumption, primary or final energy savings, or primary or final energy consumption, primary or final energy savings, or energy intensity. primary or final energy savings, or energy intensity.

  energy intensity, with a linear trajectory for that target from 2021 onwards.

Member States shall express their Member States shall express their Member States shall express their To be discussed with EP contribution in terms of absolute level energy efficiency targets in terms of contribution in terms of absolute level of primary energy consumption and absolute level of primary energy of primary energy consumption and final energy consumption in 2020 and consumption and final energy final energy consumption in 2020, and 2030, with a linear trajectory for that consumption in 2020 and 2030. They in terms of absolute level of primary

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contribution from 2021 onwards. They shall explain their underlying energy consumption and[ ] final shall explain their underlying methodology and the conversion energy consumption in 2030, with an methodology and the conversion factors used in accordance with indicative [ ] trajectory for that factors used; Annexes IV and V to ... [of the version contribution from 2021 onwards. They

as amended in accordance with shall explain their underlying proposal COM(2016)761 i]; methodology and the conversion factors used; The trajectory referred to in the first Maintain Council GA sub-paragraph shall consist of biennial interim targets starting in 2022 and then every two years; AM 74 Maintain Council GA

• (2) 

  the cumulative amount of energy (2) the cumulative amount of (2) the cumulative amount of energy savings to be achieved over the period additional energy savings to be savings to be achieved over the period Note: to be aligned with EED 2021-2030 under Article 7 on energy achieved over the period 2021-2030 2021-2030 under Article 7 on energy saving obligations of Directive and beyond under Article 7 on energy saving obligations of Directive 2012/27 i/EU [version as amended in saving obligations of Directive 2012/27 i/EU [version as amended in accordance with proposal 2012/27/EU [version as amended by accordance with proposal COM(2016)761 i]; proposal COM(2016)761 i]; COM(2016)761 i];

  AM 75 Maintain Council GA (3) the objectives for the long-term (3) based on an analysis of the (3) the [] indicative milestones of renovation of the national stock of existing building stock, the milestones [] the long-term strategy for the Note: to be aligned with final text of residential and commercial buildings for 2030 and 2040 for the long-term renovation of the national stock of EPBD

(both public and private); strategies for the renovation of the residential and [] non-residential national stock of residential and nonbuildings, [] both public and private[], residential buildings, both public and in accordance with Article 2a of the private, measuring progress towards Directive revising Directive

the 2050 goal in accordance with 2010/31/EU on the energy Article 2a of Directive 2010/31 i/EU [as performance of buildings; amended by proposal COM(2016)765 i];

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Article 4(b) AM 76 Maintain Council GA Article 4 – para 1 – point b – point 3 a (new) To be negotiated in EED

(3a) the planned policies and actions as well as progress towards transforming the national building stock into highly energy efficient and decarbonised building stock, including an evidence-based estimate of expected energy savings and wider benefits, to be achieved from 2020 to 2030;

• (4) 

  the total floor area to be AM 77 (4) the total floor area to be Maintain Council GA renovated or equivalent annual energy (4) the total floor area to be renovated or equivalent annual energy savings to be achieved from 2020 to renovated and corresponding energy savings to be achieved from 2020 to To be negotiated in EED 2030 under Article 5 on the exemplary savings achieved through the 2030 under Article 5 on the exemplary role of public bodies' buildings of renovation or equivalent annual role of public bodies' buildings of Directive 2012/27 i/EU; energy savings stemming from the Directive 2012/27 i/EU;

  alternative approach to be achieved from 2020 to 2030 under Article 5 of Directive 2012/27 i/EU [as amended by proposal COM(2016)761 i]; AM 78 Maintain Council GA Article 4 – para 1 – point b – point 4 a (new) To be negotiated in EED

  (4a) the identified potential for energy savings in heating and cooling, including the outcome of the comprehensive assessment of the potential for the application of highefficiency cogeneration and efficient and innovative district heating and cooling;

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AM 79 Maintain Council GA (5) other national energy efficiency (5) other national energy efficiency [ ] objectives, including long term targets or objectives, including long term targets or Note: the Council GA moved this strategies and sectorial targets in areas strategies and sectorial targets in areas reporting provision to Annex I, part 1, such as transport, heating and cooling; such as transport, the manufacturing Section A, point 2.2(ii) (with the

industry and water and waste water or addition of "if applicable") from sector coupling policies; as well as efficiency in other sectors with high energy efficiency potential throughout the entire flow chain from primary energy to end-users or such as data centres;

(c) as regards the dimension "Energy (c) as regards the dimension "Energy

Security": Security":

Note: in response to AM 80 & 81 below:

• - 

  national objectives with regard (1) national objectives with regard to: energy security and security of supply, - increasing the diversification of inter alia, with regard to the readiness energy sources and supply from third to cope with constrained or countries, which may be aimed at interrupted supply of an energy reducing energy import dependency source, in coherence with the plans to [ ]; be established under Regulation (EU) - increasing the flexibility of the No 2017/1938 as well as under national energy system, and Regulation [as proposed by - coping with constrained or COM(2016) 862 i on risk-preparedness interrupted supply of an energy in the electricity sector and repealing source, Directive 2005/89/EC i] including a for the purpose of improving the timeframe for when the objectives resilience of regional and national

  38

should be met; energy systems, including a timeframe for when the objectives should be met;

Note: see related provisions in Annex I Part 1 Section A(2.3).

38 Consistency shall be ensured with the preventive action and emergency plans under Regulation [as proposed by COM(2016) 52 i] concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 i, as well as the risk preparedness plans under Regulation [as proposed by COM(2016) 862 i] on riskpreparedness in the electricity sector and repealing Directive 2005/89/EC i.

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AM 80 Note: addressed in para (c) above and (1) national objectives with regard (1) national objectives with regard [ ] in Annex I Part 1 Section A(1)2.3 (I to increasing the diversification of to increasing the diversification of bis) energy sources and supply from third energy sources and supply from third countries; countries, for the purpose of Maintain Council GA

increasing the resilience of macroregional, regional and national Note: Council moved this provision to energy systems; Annex I Part 1 Section A(1)2.3 (I bis) AM 81 Note: addressed in para (c) above and

• (2) 

  national objectives with (2) national objectives with regard [ ] in Annex I Part 1 Section A(1)2.3 (ii) regard to reducing energy import to reducing energy import dependency dependency from third countries; from third countries for the purpose of Maintain Council GA

  increasing the resilience of macroregional, national and regional Note: Council moved this provision to energy systems; Annex I Part 1 Section A(1)2.3 (ii)

• (3) 

  national objectives with regard

to the readiness to cope with [ ]

constrained or interrupted supply of an energy source, in coherence with the Note: see above plans to be established under

Regulation [as proposed by

COM(2016) 52 i concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No

994/2010] as well as under Regulation

[as proposed by COM(2016) 862 i on risk-preparedness in the electricity sector and repealing Directive

2005/89/EC] including a timeframe for when the objectives should be met;

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AM 82 Maintain Council GA (4) national objectives with regard (4) national objectives with regard [ ] to deployment of domestic energy to increasing the flexibility of the Note: accepted in part in Council text sources (notably renewable energy); national energy system, in particular ("increasing the flexibility of the

by means of deploying energy national energy system", "demand efficiency measures, domestic and response and storage", cf. Annex I Part regional renewable energy sources, 1 Section A(1)2.3 and AM 232) demand response and storage;

(d) as regards the dimension (d) as regards the dimension

"Internal Energy Market": "Internal Energy Market":

AM 83 - the level of electricity (1) the level of electricity (1) the level of electricity interconnectivity that the Member State aims the level of electricity interconnectivity interconnectivity that the Member interconnectivity that the Member for in 2030 in consideration of the electricity that the Member State aims for in 2030 State aims for in 2030 in State aims for in 2030 in interconnection target for 2030 of at least in consideration of the electricity consideration of the electricity consideration of the indicative 15%, with a strategy with the level from interconnection target for 2030 of at interconnection target for 2030 of electricity interconnection target for 2021 onwards defined in close cooperation least 15%, with a strategy with the

at least 15 %; Member States shall 2030 of at least 15%, taking into with affected Member States, taking into

explain the underlying account the 2020 interconnection account the indicators of the urgency of level from 2021 onwards defined in methodology used; target of 10%, national and regional action needed [ ]: close cooperation with affected

market conditions and potential, all (1) Price differential in the wholesale Member States, taking into account aspects of cost-benefit analyses, the market exceeding an indicative threshold the 2020 interconnection target of actual level of implementation of of 2€/MWh between Member States, 10% and the indicators of the

PCIs, as well as measures to regions or bidding zones; urgency of action [ ] based on price increase the tradable capacity in (2) Nominal transmission capacity of differential in the wholesale market, existing interconnections; Member interconnectors below 30% of their peak nominal transmission capacity of States shall explain the underlying load; interconnectors compared to their methodology used, taking into (3) Nominal transmission capacity of peak load and to installed renewable account the methodology proposed interconnectors below 30% of installed generation as set out in Annex I, Part by the Commission; renewable generation. I, Section A, Part 2.4.1. Each new interconnector must be subject [ ]

to a socioeconomic and environmental Each new interconnector must be cost-benefit analysis and implemented subject to a socioeconomic and only if the potential benefits outweigh the environmental cost-benefit analysis costs. and implemented only if the potential benefits outweigh the costs.

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Article 4(d)(2) AM 84 (2) Key electricity and gas transmission [ ] (2) key national objectives for (2) key national objectives for [ ] infrastructure projects, [ ] and, where electricity and gas transmission electricity and gas transmission and relevant, modernisation projects, that are infrastructure that are necessary for the distribution infrastructure and its necessary for the achievement of objectives achievement of objectives and targets modernisation that are necessary for the and targets under the five dimensions of the under any of the five dimensions of the achievement of objectives and targets Energy Union Strategy.

Energy Union Strategy; under any of the five dimensions of the

Energy Union Strategy. For any planned Note: see mirror provisions in Annex I Part 1 major infrastructure project, a Section A(1)2.4.2(i) – AM 234, and AM 146

preliminary assessment of its

compatibility with and contributions to Note: for the last sentence of the AM, see also the five dimensions of the Energy EP compromise text for Article 21(b).

Union, in particular with regard to security of supply and competition; AM 85 (3) national objectives related to other aspects of the

• (3) 

  national objectives related to (3) national objectives related to [ ] internal energy market such as: increasing system flexibility, other aspects of the internal energy other aspects of the internal energy in particular [ ] through policies and measures related to market such as market integration and market such as increasing system market-based price formation in compliance with coupling, including a timeframe for flexibility, in particular through the applicable legislation [ ]]*); market integration and when the objectives should be met; removal of obstacles to free price coupling, aimed at increasing the tradeable capacity of

  formation, market integration and existing interconnectors, smart grids, aggregation, demand coupling, smart grids, aggregation, response, storage, distributed generation, mechanisms for demand response, storage, distributed dispatching, re-dispatching and curtailment and real-time generation, mechanisms for price signals [ ], including a timeframe for when the dispatching, re-dispatching and objectives should be met, and other national objectives curtailment, real-time price signals, related to the internal energy market as set out in Annex including a timeframe for when the I, part 1, Section A, Part 2.4.3; objectives should be met; *) Note: text not provisionally agreed in trilogue; drafting subject to further scrutiny; the drafting aims not to prejudge the outcome of discussions in the context of the Electricity Market Design. Note: see also AM 147, 235 and 253.

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AM 86 Maintain Council GA Article 4 – para 1 – point d – point 3 a (new) Note: accept in part in Art. 21(1) (AM 149) and Annex I part 1 section A, (3a) national objectives related to Part 2.4.3 (ia) (new) (AM 236) and the non-discriminatory participation AM 254, in line with Council's of renewable energy, demand approach not to overburden Article 4 response and storage, including via and to avoid to the extent possible aggregation in all energy markets, unnecessary overlaps between Article including a timeframe for when the 4 and other Articles and Annexes. objectives should be met; AM 87 Maintain Council GA Article 4 – para 1 – point d – point 3 b (new) Note: accept in part in Art. 21(1) (AM 150) and Annex I part 1 section A, (3b) national objectives with regard Part 2.4.3 (ib) (new) (AM 237), in line to ensuring that consumers with Council's approach not to participate in the energy system and overburden Article 4 and to avoid to benefit from self-generation and new the extent possible unnecessary technologies, including smart meters; overlaps between Article 4 and other Articles and Annexes.

AM 88 Maintain Council GA (4) national objectives with regard (4) national objectives with regard [ ] to ensuring electricity system adequacy to ensuring electricity system as well as flexibility of the energy adequacy, ensuring that no capacity system with regard to renewable mechanisms are implemented, or energy production, including a where implemented for the purpose of timeframe for when the objectives security of supply are limited to the should be met; extent possible including a timeframe

for when the objectives should be met; (e) as regards the dimension (e) as regards the dimension "Research, Innovation and "Research, Innovation and Competitiveness": Competitiveness":

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• (1) 

  national objectives and funding AM 89 - national objectives and - national objectives and targets for public and private research (1) national objectives and funding funding targets for public and, funding targets for public and, and innovation relating to the Energy targets for public support for research where available, private research where available, private research Union; if applicable, including a and innovation relating to the Energy and innovation relating to the and innovation relating to the timeframe for when the objectives Union and its expected leveraging Energy Union including, if Energy Union including, if should be met. Such targets and effect on private research; if appropriate, a timeframe for when appropriate, a timeframe for when objectives should be coherent with applicable, including a timeframe for the objectives shall be met; reflecting the objectives shall be met; reflecting those set out in the Energy Union when the objectives should be met. the priorities of the Energy Union the priorities of the Energy Union Strategy and the SET-Plan; Such targets and objectives should be Strategy and, where appropriate, of Strategy and, where [ ] relevant, of

  coherent with those set out in the the SET-Plan. the SET-Plan. Energy Union Strategy and the SET- Plan; In setting out the abovementioned main objectives, targets and contributions, Member States may build upon existing national strategies or plans that are compatible with Union legislation.

• (2) 

  national 2050 objectives for the AM 90 [ ] (2) where available, national 2050 deployment of low carbon (2) national 2050 objectives related objectives related to the promotion technologies; to the promotion of sustainable of [ ] clean energy technologies [ ].

  technologies; Note: aligned with Annex I part 1 section A, Part 2.5 (iia) (new) (AM 241).

• (3) 

  national objectives with regard AM 91 [ ] Maintain Council GA to competitiveness. deleted

  Note: Council has moved this provision, with changes, to Annex I Part I Section A Part 2(5)(iii)

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Article 5 Text of this Article provisionally agreed at technical level

AM 92 To be aligned with RED Member States' contribution setting Member States' target setting process Member States' contribution setting ('target/contribution') process in the area of renewable in the area of renewable energy process in the area of renewable energy energy

AM 93 1. When setting their contribution 1. When setting their target for 1. When setting their contribution To be aligned with RED for their share of energy from their share of energy from renewable for their share of energy from ('target/contribution') renewable sources in gross final sources in gross final consumption of renewable sources in gross final consumption of energy in 2030 and the energy in 2030 and the last year of the consumption of energy in 2030 and the last year of the period covered for the period covered for the subsequent last year of the period covered for the subsequent national plans, pursuant to national plans, pursuant to Article subsequent national plans, pursuant to Article 4(a)(2)(i), Member States shall 4(a)(2)(i), Member States shall take Article 4(a)(2)(i), Member States shall take into account the following: into account the following: take into account the following: (a) the measures provided for in (a) the measures provided for in [recast of Directive 2009/28/EC i as [recast of Directive 2009/28/EC i as proposed by COM(2016) 767 i]; proposed by COM(2016) 767 i]; (b) the measures adopted to reach (b) the measures adopted to reach the energy efficiency target adopted the energy efficiency target adopted pursuant to Directive 2012/27 i/EU pursuant to Directive 2012/27 i/EU [version as amended in accordance [version as amended in accordance with proposal COM(2016)761 i]; with proposal COM(2016)761 i]; (c) other measures to promote (c) where relevant, other measures (c) any other existing [ ] measures renewable energy within Member to promote renewable energy within to promote renewable energy within States and at Union level; and Member States and at Union level; and Member States and, where relevant, at

Union level; and

(d) circumstances affecting (d) any relevant circumstances (d) any relevant circumstances renewable energy deployment, such as: affecting renewable energy affecting renewable energy

deployment, such as inter alia: deployment, such as [ ] :

AM 94 Maintain Council GA (i) equitable distribution of (i) equitable and cost-effective (i) equitable distribution of deployment across the European distribution of deployment across the deployment across the European

Union; European Union; Union;

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(ii) economic potential; (ii) economic conditions and (ii) economic conditions and potential, including GDP per capita, potential, including GDP per capita and potential for cost-effective [ ]

deployment; Note: split into (ii) and (iia)(new). (iia) potential for cost-effective

renewable energy deployment (iii) geographical and natural (iii) geographical, environmental constraints, including those of nonand natural constraints, including those interconnected areas and regions; and of non-interconnected areas and

regions; [ ]

Article 5 (iv) the level of power (iv) the level of power interconnection between Member interconnection between Member States. States; and

(v) early efforts as defined in Note: to be discussed in context of Article 2(19). AM 53: new Art. 2(2)(11a) & Art. 27

A Member State may indicate in its A Member State shall [ ] indicate in integrated national energy and its integrated national energy and climate plan which relevant climate plan which relevant circumstances affecting renewable circumstances affecting renewable energy deployment it has taken into energy deployment it has taken into account. account.

AM 95 Accept Article 5 – para 1 – point d a (new) (da) the baseline share of energy (da) the Member State binding 2020 from renewable sources in its gross national target of energy from final consumption of energy set out in renewable sources in its gross final Article 3(3) of Directive (EU) .../... consumption of energy set out in [recast Directive 2009/28/EC i]; Annex I of Directive (EU) .../... [recast Directive 2009/28/EC i];

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AM 96 2. Member States shall collectively 2. Member States shall collectively 2. Member States shall collectively 2. Member States shall collectively ensure that the sum of their ensure that the sum of their ensure that the sum of their targets ensure that the sum of their [contributions] adds up to at least contributions adds up to at least 27% adds up to a linear trajectory reaching contributions adds up to at least 27% [27%] of energy produced from of energy produced from renewable at least 35 % from renewable energy of energy produced from renewable renewable energy sources in gross sources in gross final energy sources in gross final energy sources in gross final energy final energy consumption at Union consumption at Union level by 2030. consumption at Union level by 2030. consumption at Union level by 2030. level by 2030.

Note: text provisionally agreed at technical level (points within [ ] to be discussed in RED)

Article 6

AM 97 Member States' [contribution/target] Member States' contribution setting Member States' binding target setting Member States' contribution setting setting process in the area of energy process in the area of energy process in the area of energy efficiency process in the area of energy efficiency efficiency efficiency

Note: nature of EU target to be discussed in EED (p.m. process for setting the national contributions and its implementation to be discussed in the Governance)

Note: both the Council and the EP support the indicative nature of the national [targets/contributions].

AM 98 1. When setting their indicative Maintain Council GA 1. When setting their indicative 1. When setting their binding national energy efficiency contribution national energy efficiency contribution national energy efficiency target for for 2030 and the last year of the period Nature and level of EU target to be for 2030 and the last year of the period 2030 and the last year of the period covered for the subsequent national discussed in EED covered for the subsequent national covered for the subsequent national plans pursuant to Article 4(b)(1), plans pursuant to Article 4(b)(1), plans pursuant to Article 4(b)(1), Member States shall take into account

Member States shall ensure that: Member States shall ensure that: [ ] that [] the Union’s 2020 energy Note: both the Council and the EP consumption [ ] has to be no more support the indicative nature of the than 1 483 Mtoe of primary energy national [targets/contributions].

and/or no more than 1 086 Mtoe of

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final energy, the Union’s 2030 energy consumption [ ] has to be no more than 1 321 Mtoe of primary energy and/or no more than 987 Mtoe of final energy for the first ten-year period [] ('the Union’s [ ] headline target for 2030 referred to in Articles 1 and 3 of Directive 2012/27 i/EU [version as amended in accordance with proposal COM(2016)761 i]') [];

AM 99 (See above) Maintain Council GA (a) the Union’s 2020 energy (a) the Union’s 2020 energy consumption is no more than 1 483 consumption is no more than 1 483 To be negotiated in EED Mtoe of primary energy and no more Mtoe of primary energy and no more than 1 086 Mtoe of final energy, the than 1 086 Mtoe of final energy, the

Union’s 2030 energy consumption is Union’s 2030 energy consumption is no more than 1 321 Mtoe of primary no more than 1 132 Mtoe of primary energy and no more than 987 Mtoe of energy and no more than 849 Mtoe of final energy for the first ten-year final energy for the first ten-year period; period;

(b) the Union’s binding target for (See above)

2030 referred to in Articles 1 and 3 of

Directive 2012/27 i/EU [version as amended in accordance with proposal

COM(2016)761 i] is met.

In addition, Member States shall take In addition, Member States shall take into account: into account:

(a) the measures provided for in (a) the measures provided for in

Directive 2012/27 i/EU [version as Directive 2012/27 i/EU [version as amended in accordance with proposal amended in accordance with proposal

COM(2016)761 i]; COM(2016)761 i];

(b) other measures to promote (b) other measures to promote energy efficiency within Member energy efficiency within Member

States and at Union level. States and at Union level.

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Article 6(2) AM 100 2. When setting their contribution 2. When setting their contribution 2. When setting their target 2. When setting their contribution referred to in paragraph 1 Member referred to in paragraph 1 Member referred to in paragraph 1 Member referred to in paragraph 1 Member States may take into account national States may take into account States may take into account States may take into account national circumstances affecting primary and circumstances affecting primary and circumstances affecting primary and circumstances affecting primary and final energy consumption, such as [ ]: final energy consumption, such as: final energy consumption, such as: final energy consumption, such as,

inter alia:

(a) remaining cost-effective energy(a) remaining cost-effective energysaving potential; saving potential; (b) evolution and forecast of gross (b) evolution and forecast of gross domestic product; domestic product; (c) changes of energy imports and (c) changes of energy imports and exports; exports; (d) development of all sources of (d) development of all sources of Note: Council has decided to revert to renewable energies, nuclear energy, low carbon [ ] energy [ ], [ ] carbon the text of the Commission proposal: carbon capture and storage; and capture and storage; and (d) development of all sources of

renewable energies, nuclear energy, carbon capture and storage; and

(e) early actions. (e) early actions.

A Member State may indicate in its If a Member State has taken into integrated national energy and account in its integrated national climate plan which relevant energy and climate plan relevant circumstances affecting primary and circumstances affecting primary and final energy consumption it has final energy consumption under this taken into account. paragraph, it shall indicate them.

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Article 7

AM 101 National policies and measures for National policies, measures and National policies and measures for Maintain Council GA each of the five dimensions of the investment strategies for each of the each of the five dimensions of the Energy Union five dimensions of the Energy Union Energy Union

Member States shall describe, in Member States shall describe, in Member States shall describe, in Member States shall describe, in accordance with Annex I, in their accordance with Annex I, in their accordance with Annex I, in their accordance with Annex I, in their integrated national energy and climate integrated national energy and climate integrated national energy and climate integrated national energy and climate plan, the main existing (implemented plan, the main existing (implemented plan, the main existing (implemented plan, the main existing (implemented and adopted) and planned policies and and adopted) and planned policies and and adopted) and planned policies and and adopted) and planned policies and measures to achieve in particular the measures to achieve in particular the measures to achieve in particular the measures to achieve in particular the objectives set out in the national plan, objectives set out in the national plan, objectives set out in the national plan, objectives set out in the national plan, including, where applicable, measures including measures to ensure regional including measures to ensure regional including, where applicable, measures foreseen for [ ] regional cooperation cooperation and appropriate financing cooperation and appropriate financing foreseen for [ ] regional cooperation and appropriate financing at national at national and regional level. at national, regional and local level, and appropriate financing at national and regional level, including

including mobilisation of Union and regional level. mobilisation of Union programmes programmes and instruments. and instruments. The description of the main existing Member States shall provide a and planned policies and measures to general overview of the investments achieve the objectives set out in the needed to achieve the objectives and national plans shall be accompanied targets/contributions set out in the by a general overview of the national plan, as well as a general investments needed to achieve those assessment on the sources of those objectives. investments.

Note: text provisionally agreed at technical level

Note: see also AM 59, 106 and 118.

Note: reporting obligation on "Financing measures, including EU support and the use of EU funds, in the area at national level." as regards

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decarbonisation; renewable energy; energy efficiency; internal energy market; energy security; research, innovation and competitiveness are already included in: Annex I Part 1 Section A 3.1.1(iii); 3.1.2(iii); 3.2(vii); point 3(4)(2)(iii); point 3.3(iii); point 3.5(iii).

Member States shall treat energy Maintain Council GA efficiency as an infrastructure priority. They shall include energy Note: see also AM 46 for new recital efficiency programs as part of their 41a. infrastructure planning and make To be discussed together with the renovation of buildings a priority issue of "energy efficiency first" (AM investment. 54, Art. 2(2)(17a)).

Article 8 Analytical basis of the integrated national energy and climate plans

AM 102 Maintain Council GA 1. Member States shall describe, in 1. Member States shall describe, in 1. Member States shall describe, in accordance with the structure and accordance with the structure and accordance with the structure and Note: accepted, with changes, in format specified in Annex I, the format specified in Annex I, the format specified in Annex I, the paragraph 3 below of Council text) current situation for each of the five current situation for each of the five current situation for each of the five dimensions of the Energy Union dimensions of the Energy Union dimensions of the Energy Union including of the energy system and including of the energy system and including of the energy system and greenhouse gas emissions and greenhouse gas emissions and greenhouse gas emissions and removals at the time of submission of removals at the time of submission of removals at the time of submission of the national plan or on the basis of the the national plan or on the basis of the the national plan or on the basis of the latest available information. Member latest available information. Member latest available information. Member

States shall also set out and describe States shall also set out and describe States shall also set out and describe projections for each of the five projections for each of the five projections for each of the five dimensions of the Energy Union for dimensions of the Energy Union for dimensions of the Energy Union, for at the first ten-year period at least until the first ten-year period at least until least the [] duration of the plan, [ ]

2040 (including for the year 2030) 2030 (including for the year 2030) expected to result from existing expected to result from existing expected to result from existing (implemented and adopted) policies

(implemented and adopted) policies (implemented and adopted) policies and measures. Member States shall

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and measures. and measures. Member States shall endeavour to describe additional make available to the public the longer term perspectives for the five assumptions, parameters and dimensions beyond the duration of methodologies used for projections the plan, where relevant and

and scenarios. possible. 2. Member States shall describe in 2. Member States shall describe in their integrated national energy and their integrated national energy and climate plan their assessment, at climate plan their assessment, at national and where applicable regional national and where applicable regional level, of: level, of:

AM 103 Maintain Council GA (a) the impacts on the development (a) the impacts on the development (a) the impacts on the development of the energy system and greenhouse of the energy system and greenhouse of the energy system and greenhouse [ ] gas emissions and removals for the gas emissions and removals for the gas emissions and removals for the [] first ten-year period at least until 2040 first ten-year period at least until 2040 duration of the plan and for a period

(including for the year 2030) under the (including for the year 2030) under the of ten years following the last year planned policies and measures planned policies and measures covered by the plan, under the including a comparison with the including a comparison with the planned policies and measures projections based on existing projections based on existing including a comparison with the

(implemented and adopted) policies (implemented and adopted) policies projections based on existing and measures referred to in paragraph and measures referred to in paragraph (implemented and adopted) policies

1; 1. This should include an assessment and measures referred to in paragraph of synergies deriving from sectorial 1;

coupling, digitalisation and improved market design as well as of the benefits in terms of air quality and security of supply;

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Article 8 AM 104 Accept in part (b) the macroeconomic, (b) the macroeconomic, health, (b) where relevant and to the (b) [ ] the macroeconomic and, [ ] environmental, skills and social impact environmental, skills and social impact extent feasible, the macroeconomic, to the extent feasible, the health, of the planned policies and measures of individual and aggregated planned environmental, skills and social impact environmental, skills and social impact referred to in Article 7 and further policies and measures referred to in of the planned policies and measures of the planned policies and measures specified in Annex I, for the first ten Article 7 and further specified in referred to in Article 7 and further referred to in Article 7 and further year period at least until the year 2030 Annex I, for the first ten-year period at specified in Annex I, for the first tenspecified in Annex I, for the first tenincluding a comparison with the least until the year 2030 including a year period at least until the year 2030 year period at least until the year 2030 projections based on existing comparison with the projections of including a comparison with the including a comparison with the (implemented and adopted) policies existing (implemented and adopted) projections based on existing projections of [ ] existing and measures referred to in paragraph policies and measures referred to in (implemented and adopted) policies (implemented and adopted) policies 1; paragraph 1. The methodology used to and measures referred to in paragraph and measures referred to in paragraph

assess these impacts shall be made 1; 1. The methodology used to assess public and the use of cost-benefit these impacts shall be made public [ ]. analysis shall be encouraged; Note: the use of cost-benefit analysis is reflected in Annex I part 1 section B 5.2 ("costs and benefits as well as cost-effectiveness").

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Article 8(2)(c) AM 105 Maintain Council GA (c) interactions between existing (c) interactions between existing (c) interactions between existing (implemented and adopted) and (implemented and adopted) and (implemented and adopted) and Note: similar provision already planned policies and measures within a planned policies and measures within a planned policies and measures within a included in Annex I Part 1 Section B policy dimension and between existing policy dimension and between existing policy dimension and between existing 5.1(ii) (with the exception of (implemented and adopted) and (implemented and adopted) and (implemented and adopted) and specifying 'quantitative/ qualitative' planned policies and measures of planned policies and measures of planned policies and measures of assessment of ‘any documented’ different dimensions for the first tendifferent dimensions for the first ten different dimensions for the first teninteraction) year period at least until the year 2030. year period at least until the year 2030. year period at least until the year 2030. Projections concerning security of The assessment shall include a Projections concerning security of The Pres. proposes as a compromise supply, infrastructure and market quantitative or qualitative evaluation supply, infrastructure and market to maintain Council GA on this text integration shall be linked to robust of any documented interactions integration shall be linked to robust and to accept the EP proposal in AM energy efficiency scenarios. between national policies and energy efficiency scenarios. 264

measures, and Union climate and energy policy measures. Projections concerning security of supply, infrastructure and market integration shall be linked to robust energy efficiency scenarios; AM 106 (ca) the way existing and planned Article 8 – para 2 – point c a (new) policies and measures will attract the investment necessary to their (ca) the way individual and implementation. aggregated existing and planned policies and measures will attract Note: text provisionally agreed at private investment alongside public technical level finance necessary to their implementation. Note: cf. "investment strategies" (AM 59, Art. 3(2)(c) and AM 118)

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In response to EP concerns as regards Art. 3(3)(c):

• 3. 

  To the extent feasible, comprehensive information 3. [ ] Member States shall make concerning the assumptions, available to the public comprehensive parameters and methodologies used information concerning the [ ] for the scenarios and projections assumptions, parameters and shall be made available to the public, methodologies used for the final taking into account statistical scenarios and projections [ ], taking restrictions and the need to comply into account statistical restrictions, with applicable confidentiality and commercially sensitive data, and the data protection rules. need to comply with data protection rules.

  Article 9 Draft integrated national energy and climate plans

AM 107 1. By 1 January 2018 and every ten 1. By 1 June 2018, each Member 1. By 31 December 2018, and 1. By [ 31 December 2018 ]*), years thereafter Member States shall State shall prepare and submit to the subsequently by 1 January 2028 and and subsequently by 1 January 2028 prepare and submit to the Commission Commission a draft of its first the every ten years thereafter, Member and every ten years thereafter, Member a draft of the integrated national integrated national energy and climate States shall prepare and submit to the States shall prepare and submit to the energy and climate plan referred to in plan referred to in Article 3(1). Each Commission a draft of the integrated Commission a draft of the integrated Article 3(1). Member State shall prepare and national energy and climate plan national energy and climate plan

submit to the Commission a draft of referred to in Article 3(1). referred to in Article 3(1). its second plan by 1 January 2023 and drafts of its subsequent plans every *) Note: the EP indicated it will no five years thereafter. longer insist on "1 June 2018" but insists on discussing a compromise date between 1 September and 31 December 2018.

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Note: the EP proposes the following text:

• 2. 

  The Commission may issue 2. The Commission shall assess 2. The Commission may issue recommendations on the draft plans to the draft plans and shall issue recommendations, based on the 2. The Commission shall assess Member States in accordance with country-specific recommendations to submitted draft plans, within 4 the draft plans and may issue country Article 28. Those recommendations Member States in accordance with months of the date of reception of specific recommendations to Member shall in particular set out: Article 28 no later than three months the draft plan, to Member States in States in accordance with Article 28

  before the deadline for submitting the accordance with Article 28. * [ ] Those [based on the submitted draft plans. It

  plan, referred to in Article 3(1) in recommendations [] may address: shall do so] no later than [three

  order to: months - six months] before the

  deadline for submitting the plan,

  referred to in Article 3(1)

  [ ].

  Those recommendations may address

  notably:

  Note: cf. recital 34 Council GA (a) the level of ambition of (a) ensure the collective (a) the level of ambition of (a) the level of ambition of objectives, targets and contributions in achievement by Member States of the objectives, targets and contributions in objectives, targets and contributions in view of collectively achieving the Energy Union objectives and targets of view of collectively achieving the view of collectively achieving the Energy Union objectives and notably all dimensions of the Energy Union; Energy Union objectives and notably Energy Union objectives and notably the Union's 2030 targets for renewable the Union's 2030 targets for renewable the Union's 2030 targets for renewable energy and energy efficiency; energy, [ ] energy efficiency and energy and energy efficiency as well

  electricity interconnection; in doing as the level of electricity so, the Commission shall take due interconnectivity that the Member account of relevant circumstances State aims for in 2030 as referred to affecting renewable energy in Article 4(d); in doing so, the deployment indicated by the Commission shall take due account Member State in question, as set out of relevant circumstances affecting in Article 5(1)(d), and of [ ] the deployment of renewable circumstances affecting primary and energy and energy consumption final energy consumption indicated indicated by the Member State in by the Member State in question, as question [ ] in the draft integrated set out in Article 6(2) and of national energy and climate plan indicators of the urgency of actions referred to in paragraph 1 and the

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as set out in Article 4(d);" indicators of the urgency of action for interconnectivity established in Annex I, part 1, Section A, Part 2.4.3;

Article 9(2)(aa) (aa) ensure the achievement by Maintain Council GA Member States of national targets and objectives;

(b) policies and measures relating to (b) improve individual existing and (b) policies and measures relating to Maintain Council GA

Member States' and Union level planned policies and measures Member States' and Union level objectives and other policies and included in national energy and objectives and other policies and measures of potential cross-border climate plans including those of measures of potential cross-border relevance; potential cross-border relevance; relevance;

(ba) suggest the adoption of (ba) additional policies and measures additional policies and measures in that might be required in the national energy and climate plans; national energy and climate plans;

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(c) interactions between and (c) ensure consistency of existing (c) interactions between and Maintain Council GA consistency of existing (implemented (implemented and adopted) and consistency of existing (implemented and adopted) and planned policies and planned policies and measures and adopted) and planned policies and measures included in the integrated included in the integrated national measures included in the integrated national energy and climate plan energy and climate plan within one national energy and climate plan within one dimension and among dimension and among different within one dimension and among different dimensions of the Energy dimensions of the Energy Union; different dimensions of the Energy Union. Union.

(ca) ensure the consistency of the Maintain Council GA investment strategies and instruments with the Member States' policies and Note: provisionally agreed in trilogue measures provided for to meet the corresponding targets and objectives.

• 3. 

  Member States shall take utmost 3. Member States shall take utmost 3. Member States shall take [] due 3. Member States shall take [ ] due account of any recommendations from account of any recommendations from account of any recommendations from account of any recommendations from the Commission when finalising their the Commission when finalising their the Commission when finalising their the Commission when finalising their integrated national energy and climate integrated national energy and climate integrated national energy and climate integrated national energy and climate plan. plan. Where the position of the plan. plan. If the Member State concerned

  Member State concerned diverges does not address a recommendation from the Commission's or a substantial part thereof, that recommendation, that Member State Member State shall provide a shall provide and make public the reasoning and make it public. reasons for its position. Note: similar compromise provision as proposed in Art. 15 and 28

  3a. Member States shall make 3a. In the context of the public available to the public the draft plans consultation as referred to in Article referred to in paragraph 1. 10, Member States shall make available to the public the draft plans referred to in paragraph 1.

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Article 10 Public consultation

AM 108 Without prejudice to any other Union Without prejudice to any other Union Without prejudice to any other Union Without prejudice to any other Union law requirements, Member States shall law requirements, Member States shall law requirements, Member States shall law requirements, Member States shall ensure that the public is given early ensure that the public is given early ensure that the public is given early ensure that the public is given early and effective opportunities to and effective opportunities to and effective opportunities to and effective opportunities to participate in the preparation of draft participate in the preparation of draft participate in the preparation of the participate in the preparation of the plans referred to in Article 9 and attach plans referred to in Article 9, of longdraft plan [ ] or, well before its draft plans - [ ] as regards the plans to the submission of their draft term strategies referred to in Article adoption, of the final plan[] and for the 2021-2030 period, in the integrated national energy and climate 14, when all options are open and attach to the submission of their draft [ preparation of the final plans well plan to the Commission a summary of effective public consultation can take ] or final integrated national energy before their adoption - as well as of the public’s views. In so far as the place. and climate plan to the Commission a the long-term low emission strategies provisions of Directive 2001/42/EC i are summary of the public’s views or referred to in Article 14. Member applicable, consultations undertaken in provisional views. In so far as the States shall [ ] attach to the accordance with that Directive shall be provisions of Directive 2001/42/EC i are submission of [ ] such documents to deemed to satisfy also the obligations applicable 39 , consultations undertaken the Commission a summary of the to consult the public under this on the draft in accordance with that public’s views or provisional views. Regulation. Directive shall be deemed to satisfy In so far as the provisions of Directive

also the obligations to consult the 2001/42/EC are applicable 40 , public under this Regulation. consultations undertaken on the draft in accordance with that Directive shall be deemed to satisfy also the obligations to consult the public under this Regulation.

39 Explanatory note: Art. 6 (1) of Directive 2001/42/EC i (SEA - Strategic Environmental Assessment Directive) on the assessment of the effects of certain plans and programmes on the environment requires consultations to be carried out on the draft plans or programmes. The Commission underlined that to the extent that a public consultation under Directive 2001/42/EC i has taken place, the request for public consultation in the meaning of Article 10 is fulfilled.

40 Explanatory note: Art. 6 (1) of Directive 2001/42/EC i (SEA - Strategic Environmental Assessment Directive) on the assessment of the effects of certain plans and programmes on the environment requires consultations to be carried out on the draft plans or programmes. The Commission underlined that to the extent that a public consultation under Directive 2001/42/EC i has taken place, the request for public consultation in the meaning of Article 10 is fulfilled.

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AM 109 1a. Member States shall set Article 10 – para 1 a (new) reasonable timeframes allowing 1a. Member States shall set sufficient time for the public to be reasonable timeframes allowing informed, to participate and express sufficient time for the public to be its views. Member States shall ensure informed and to prepare and that the public is informed. participate effectively in the different stages of planning process. Member Note: see also new compromise recital States shall take due account of equal 20bis participation and ensure that the public is informed, whether by public notices or other appropriate means, such as electronic media where available, of all practical arrangements related to their participation and that they can access all relevant documents. AM 110 Maintain Council GA Article 10 – para 1 b (new) 1b. Member States shall include in (Accepted in part in first subparagraph the submission of their draft and final above (in COM proposal and Council integrated national energy and GA text)) climate plan and of their long-term strategies to the Commission a Note: already broadly covered also in summary of the public's views and the Annex I Part 1, Section A, 1.3 way they have been taken into consideration. AM 111 Maintain Council GA Article 10 – para 1 c (new) 1c. In so far as the provisions of (Accepted, with changes, in part in Directive 2001/42/EC i are applicable, first subparagraph above in Council consultations undertaken in GA text)

accordance with that Directive shall be deemed to satisfy also the obligations to consult the public under this Regulation.

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AM 112 Accept Article 10 – para 1 d (new) 1d. Member States shall limit Note: see also addition to recital 20 administrative complexity when implementing this Article. Article 10a(new) AM 113 Accept Article 10 a (new) Article 10a Multilevel Climate and Energy Dialogue Platform 1. In a spirit of partnership, Note: cf. also Presidency compromise Member State shall establish a for recital 20(ter)) permanent Multilevel Climate and Energy Dialogue Platform to support In a spirit of partnership, Member active engagement of local States, in particular those that have authorities, civil society organisations, no such structure in place yet, shall business community, investors, any consider establishing [ ] a permanent other relevant stakeholders and the Multilevel Climate and Energy general public in managing the Dialogue Platform where local energy transition. authorities, civil society organisations, business community, investors and other relevant stakeholders and the general public can actively engage and discuss the different scenarios [ ] envisaged for energy and climate policies, including for the long term, and review progress. Integrated national energy and climate plans [ ] could be discussed within the framework of [ ] such a platform.

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• 2. 

  Member States shall submit to Maintain Council GA their national Climate and Energy Dialogue Platform different options and scenarios envisaged for their short, medium and long-term energy and climate policies, together with a cost-benefit analysis for each option. Climate and Energy Dialogue Platforms shall be forums for discussion on and elaboration of plans, strategies and reports pursuant to Article 10. 3. Member States shall ensure Maintain Council GA that Climate and Energy Dialogue Platforms benefit from adequate human and financial resources and. shall function in a transparent way.

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AM 114 Article 11 Article 11 Article 11 Article 11 Regional cooperation Macro-regional and regional Regional cooperation Regional cooperation

cooperation 1. Member States shall cooperate 1. Member States shall cooperate 1. Member States shall cooperate 1. Member States shall cooperate with each other at regional level to with each other at macro-regional and with each other at regional level to with each other, taking [utmost] effectively meet the targets, objectives regional level, taking into utmost effectively meet the targets, objectives consideration of all existing and and contributions set out in their consideration all existing and and contributions set out in their potential forms of regional integrated national energy and climate potential forms of cooperation to integrated national energy and climate cooperation, to effectively meet the plan. effectively meet the targets and plan. targets, objectives and contributions set

objectives set out in their integrated out in their integrated national energy national energy and climate plan. and climate plan.

• 2. 

  Member States shall, well before 2. Member States shall, well before 2. Member States shall, well before 2. Member States shall, well before submitting their draft integrated submitting their draft integrated submitting their draft integrated submitting their draft integrated national energy and climate plan to the national energy and climate plan to the national energy and climate plan to the national energy and climate plan to the Commission pursuant to Article 9(1), Commission pursuant to Article 9(1), Commission pursuant to Article 9(1), Commission pursuant to Article 9(1) [ identify opportunities for regional identify opportunities for macroidentify opportunities for regional ] - as regards the plans for the 2021- cooperation and consult neighbouring regional and regional cooperation, cooperation and consult neighbouring 2030 period, in the preparation of the Member States and the other Member taking into consideration existing Member States and, if deemed final plans well before their adoption States expressing an interest. Member macro-regional cooperations, in appropriate by the Member State - identify opportunities for regional States shall set out in their draft particular the Baltic Energy Market authoring the plan, [ ] other Member cooperation and consult neighbouring integrated national energy and climate Interconnection Plan (BEMIP), States expressing an interest. Member States, including in regional plans the results of such regional Central and South-Eastern Europe cooperation fora. If deemed consultation, including where Connectivity (CESEC), Central-West appropriate by the Member State applicable how comments have been Regional Energy Market (CWREM), authoring the plan, it may consult [ ] taken into account. the North Seas Countries’ Offshore other Member States or other third

  Grid Initiative (NSCOGI), the Eurocountries expressing an interest. Mediterranean Partnership and For insular Member States without consult neighbouring Member States energy interconnections to other For insular Member States without and the other Member States Member States, such consultations energy interconnections to other expressing an interest, in accordance shall be with those neighbouring Member States, such consultations with Directive 2011/92 i/EU and the Member States with maritime shall be with those neighbouring Espoo Convention. borders. Member States with maritime Consulted Member States should be borders. Member States shall set out in their given a reasonable timeframe to

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draft integrated national energy and react, set by the authoring Member Consulted Member States should be climate plans the results of such State. Member States shall set out in given a reasonable timeframe to react, regional consultation, including where their draft integrated national energy set by the authoring Member State. applicable how comments have been and climate plans at least the Member States shall set out in their taken into account. When engaging in provisional results of such regional draft integrated national energy and macro-regional cooperation, Member consultation, including where climate plans [ ] - as regards the plans States shall agree on a governance applicable how comments have been for the 2021-2030 period, in their structure allowing for meeting at taken into account. final national energy and climate ministerial level at least annually. plans [ ] at least the provisional results of such regional consultation, including where applicable how comments have been taken into account. 2a. The Commission shall, upon 2a. Member States may engage in a the request by two or more Member voluntary joint drafting of parts of States, facilitate the joint drafting of their integrated national energy and parts of their integrated national climate plans and progress reports, energy and climate plans, inter alia by including in regional cooperation means of establishing an enabling fora. In this case, the result shall framework. When Member States replace the equivalent parts of their pursue macro-regional or regional integrated national energy and

cooperation, they shall set out in their

draft integrated national energy and climate plan and progress reports. climate plans the results and submit Upon the request by two or more them to the Commission. The result of Member States, the Commission shall such macro-regional or regional facilitate this exercise.

cooperation may replace the equivalent parts of the relevant integrated national energy and climate plan. Article 11(2) (continued) 2b. The Commission shall, with a Note: EP amendment addressed in view to promoting market integration para 3 below. and cost-efficient policies, identify opportunities for macro-regional or regional cooperation covering one or

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several of the five dimensions of the Energy Union and in accordance with this Article, with a long-term vision, based on existing market conditions. Based on such opportunities, the Commission may issue recommendations to Member States pursuant to Article 28 in order to facilitate effective cooperation, partnerships and consultations.

• 3. 

  The Commission shall facilitate 3. The Commission shall facilitate 3. Where necessary, the 3. In order to facilitate market cooperation and consultation among cooperation and consultation among Commission shall facilitate integration and cost-efficient policies the Member States on the draft plans the Member States on the draft plans cooperation and consultation among and measures, Member States shall, submitted to it under Article 9 in view submitted to it under Article 9 in view the Member States on the draft plans in the period between the deadline of their finalisation. of their finalisation. submitted to it under Article 9 in view for submission of their draft plans

  of their finalisation, and provide and the deadline for submission of indicative guidance as required. their final plans, present the relevant

  part(s) of their draft integrated national energy and climate plan in relevant regional cooperation fora in view of their finalisation. Where necessary, the Commission shall facilitate such cooperation and consultation among the Member States, and if it identifies opportunities for further regional cooperation, it may provide indicative guidance to Member States to facilitate effective cooperation and consultation.

• 4. 

  Member States shall take into 4. Member States shall take into 4. Member States shall consider [] Maintain GA consideration the comments received consideration the comments received the comments received from other from other Member States pursuant to from other Member States pursuant to Member States pursuant to paragraphs paragraphs 2 and 3 in their final paragraphs 2 and 3 in their final 2 and 3 when preparing [] their final integrated national energy and climate integrated national energy and climate integrated national energy and climate plan and explain how such comments plan and explain how such comments plan, and explain in those plans how have been taken into account. have been taken into account. such comments have been considered

  [ ].

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• 5. 

  For the purposes specified in 5. For the purposes specified in 5. For the purposes specified in 5. For the purposes specified in paragraph 1, Member States shall paragraph 1, Member States shall paragraph 1, Member States shall paragraph 1, Member States shall continue to cooperate at regional level continue to cooperate at macrocontinue to cooperate at regional level continue to cooperate at regional level, when implementing the policies and regional level when implementing the when implementing the relevant and as appropriate in regional measures of their plans. policies and measures of their plans. policies and measures of their plans. cooperation fora, when implementing

  the relevant policies and measures of their plans.

  5a. Member States shall also 5a. Member States may also envisage cooperation with Energy envisage cooperation with Energy Community signatories and third Community signatories and third countries that are members of the countries that are members of the European Economic Area. European Economic Area.

  Note: see also recital 18a 5bis.

  In so far as the provisions of Directive 2001/42/EC i are applicable, transboundary consultation undertaken on the draft in accordance with Article 7 of that Directive shall be deemed to satisfy also the obligations on regional cooperation under this Regulation provided that the requirements of the present article are also met.

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Article 12 Assessment of the integrated national energy and climate plans

The Commission shall assess the AM 116 [ ] On the basis of the integrated Maintain Council GA integrated national energy and climate The Commission shall assess the national energy and climate plans and plans and their updates as notified integrated national energy and climate their updates as notified pursuant to pursuant to Articles 3 and 13. It shall plans as notified pursuant to Article 3. Articles 3 and 13, the Commission [ ] assess in particular whether: It shall assess in particular whether: shall assess, in particular, whether: (a) the targets, objectives and AM 117 (a) the targets, objectives and Maintain Council GA contributions are sufficient for the (a) the targets and objectives [ ] are contributions are sufficient for the collective achievement of the Energy sufficient for the collective collective achievement of the Energy Union objectives and for the first tenachievement of the Energy Union Union objectives and for the first tenyears period in particular the targets of objectives and for the first ten-years years period in particular the targets of the Union's 2030 Climate and Energy period in particular the targets of the the Union's 2030 Climate and Energy Framework; Union's 2030 Climate and Energy Framework;

Framework; AM 118 Maintain Council GA Article 12 – para 1 – point a a (new) (aa) the existing policies and those Note: provisionally agreed at that are provided for and measures technical level and related investment strategies are sufficient for the achievement of the (cf. AM 59 & 101 on investment) national targets referred to in Article 4;

(b) the plans comply with

requirements of Articles 3 to 11 and (b) the plans comply with the Commission recommendations requirements of Articles 3 to 11 and

issued pursuant to Article 28. Member States have taken [] due account of the Commission

recommendations issued pursuant to Article 28.

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Article 13 Update of the integrated national energy and climate plan

AM 120 1. By 1 January 2023, and every 10 deleted 1. By [ ] 30 June 2023, and every Maintain Council GA years thereafter, Member States shall 10 years thereafter, Member States submit to the Commission a draft shall submit to the Commission a draft (p.m. cf. AM 107 "second plan by update of the latest notified integrated update of the latest notified integrated 1.1.2023") national energy and climate plan national energy and climate plan referred to in Article 3 or confirm to referred to in Article 3 or confirm to the Commission that the plan remains the Commission that the plan remains valid. valid. 2. By 1 January 2024, and every 10 2. By [ ] 30 June 2024, and every years thereafter, Member States shall 10 years thereafter, Member States notify to the Commission an update of shall notify to the Commission an the latest notified integrated national update of the latest notified integrated energy and climate plan referred to in national energy and climate plan Article 3, unless they have confirmed referred to in Article 3, unless they that the plan remains valid pursuant to have confirmed that the plan remains paragraph 1 of this Article. valid pursuant to paragraph 1 of this

Article.

• 3. 

  Member States shall only 3. 41 In the update referred to in modify the targets, objectives and paragraph 2, Member States shall contributions set out in the update only modify their national [] target[], Note: linked to AM 59 (new Art. referred to in paragraph 2 to reflect an objective[] or contribution[] for any of 3(3a)) increased ambition as compared to the the quantified EU targets, objectives ones set in the latest notified integrated or contributions set out in Article national energy and climate plan. 4(a) and (b) [ ] to reflect an equal or

  increased ambition as compared to the one[] set in the latest notified integrated national energy and climate plan.

41 Explanatory note: the changes aim to make it clear that (without prejudice to sectoral obligations under EU law) MS have the flexibility to make adjustments on their subtargets etc. at national level, provided that their national overall target/objective/contribution on the 'EU headline targets' as listed in Art. 4(a) and (b) is not decreased, and provided of course that the obligations in the sectorial Directives is respected. For example, a MS could decrease its national subtargets for renewable energy in transport or solar energy, provided it offsets this decrease by at least 100%, for example by increasing its national subtargets for renewable energy in Heating and Cooling and wind energy.

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• 4. 

  Member States shall make 4. Member States shall make efforts to mitigate in the updated plan efforts to mitigate in the updated plan any adverse environmental impacts any adverse environmental impacts that become apparent as part of the that become apparent as part of the integrated reporting pursuant to integrated reporting pursuant to Articles 15 to 22. Articles 15 to 22.

  Article 13(5) 5. Member States shall take into 5. Member States shall take into consideration the latest countryconsideration the latest countryspecific recommendations issued in the specific recommendations issued in the context of the European Semester context of the European Semester when preparing the update referred to when preparing the update referred to in paragraph 2. in paragraph 2. 6. The procedures laid down in 6. The procedures laid down in Article 9(2) and Article 11 shall apply Article 9(2) and Article 11 shall apply to the preparation and assessment of to the preparation and assessment of the updated integrated national energy the updated integrated national energy and climate plans. and climate plans.

  6bis. Nothing in this Article prevents Member States from making changes and adaptations in national policies set out or referred to in their integrated national energy and climate plans at any time, provided such changes and adaptations will be included in the integrated report as foreseen in Article 15 and respect the provisions of this Article.

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AM 121 CHAPTER 3 CHAPTER 3 CHAPTER 3 CHAPTER 3 LONG-TERM [ ] STRATEGIES LONG-TERM LOW EMISSION Long-term climate and energy LONG-TERM LOW EMISSION

STRATEGIES strategies STRATEGIES

AM 122 Maintain Council GA Article 13 a (new) Article 13a

Consistency with overall climate Note: see suggested compromise objective wording in Article 14(2bis)

The Commission shall, by 1 July 2018, report on the remaining global Note: see also AM 32 carbon budget that is consistent with pursuing efforts to limit the Note: IPCC Special Report on Global temperature increase to well below Warming of 1.5°C is due in October 2°C, in particular 1,5°C, above pre 2018 industrial levels and shall publish an analysis of the Union’s fair share for 2050 and 2100.

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Article 14 AM 123

Long-term low emission strategies Long-term climate and energy Long-term low emission strategies Long-term [ ] strategies strategies

• 1. 

  Member States shall prepare and 1. Member States and the 1. Member States shall prepare and Accepted with changes: report to the Commission by 1 January Commission on behalf of the Union report to the Commission by 1 January

2020 and every 10 years thereafter shall adopt, by 1 January 2019 and 2020 and every 10 years thereafter 1. Member States shall prepare and their long-term low emission strategies every five years thereafter, their longtheir long-term low emission strategies report to the Commission by 1 January with a 50 years perspective, to term climate and energy strategies with a [] perspective of at least 30 2020*) and every 10 years thereafter, contribute to: with a 30 years perspective, to years, to contribute to: and should update every 5 years, if

contribute to: necessary, their long-term [ ] strategies with a perspective of at least 30 years.

The Commission shall adopt, by 1 April 2019, a proposal for a longterm strategy for greenhouse gas emissions reduction in accordance with the Paris Agreement, taking into account the draft **) national plans.

Member States' and the Union's long-term [ ] strategies shall contribute to:

*) Note: The EP wants alignment of the deadline of the LTS with the deadline of the national climate and energy plans

**) Note: the addition of “draft” explicitly asked by the EP

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(a) fulfilling the Union’s and the (a) fulfilling the Union’s and the (a) fulfilling the Union’s and the Note: redrafted, reinforced language Member States’ commitments under Member States’ commitments under Member States’ commitments under on Paris Agreement: the UNFCCC and the Paris Agreement the UNFCCC and the Paris Agreement the UNFCCC and the Paris Agreement to reduce anthropogenic greenhouse to reduce anthropogenic greenhouse to reduce anthropogenic greenhouse (a) fulfilling the Union’s and the gas emissions and enhance removals gas emissions and enhance removals gas emissions and enhance removals Member States’ commitments under by sinks; by sinks in 10-year steps; by sinks; the UNFCCC and the Paris Agreement

to reduce anthropogenic greenhouse gas emissions and enhance removals by sinks and to promoting increased carbon sequestration [by long term stability and adaptability of carbon

pools];

Note: quoted agreed language from the

LULUCF

(b) fulfilling the objective of (b) fulfilling the objective of (b) fulfilling the objective of Accept in part with changes:

holding the increase in the global holding the increase in the global holding the increase in the global

average temperature to well below 2°C average temperature to well below 2°C average temperature to well below 2°C (b) fulfilling the objective of the Paris

above pre-industrial levels and to above pre-industrial levels and to above pre-industrial levels and to Agreement of holding the increase in

pursue efforts to limit the temperature pursue efforts to limit the temperature pursue efforts to limit the temperature the global average temperature to well

increase to 1.5°C above pre-industrial increase to 1.5°C above pre-industrial increase to 1.5°C above pre-industrial below 2°C above pre-industrial levels

levels; levels by limiting the Union's levels; and to pursue efforts to limit the

greenhouse gas emissions below its temperature increase to 1.5°C above

fair share of the remaining global pre-industrial levels with a view to

carbon budget; achieving as early as possible in the

second half of this century a balance

between anthropogenic emissions by

sources and removals by sinks of

greenhouse gases;

Note: quoted language from the Paris Agreement

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(c) achieving long-term greenhouse (c) achieving long-term greenhouse (c) achieving long-term greenhouse Maintain Council GA gas emission reductions and gas emission reductions and gas emission reductions and enhancements of removals by sinks in enhancements of removals by sinks in enhancements of removals by sinks in Note: accepted in part in (b) above all sectors in line with the Union’s all sectors in line with the Union’s all sectors in line with the Union’s objective, in the context of necessary objective, in the context of necessary objective, in the context of necessary reductions according to the IPCC by reductions according to the IPCC [ ] to reductions according to the IPCC by developed countries as a group, to reduce the Union's greenhouse gas developed countries as a group, to reduce emissions by 80 to 95 % by emissions in a cost-effective manner reduce emissions by 80 to 95 % by

2050 compared to 1990 levels in a and enhance removals by sinks in 2050 compared to 1990 levels in a cost-effective manner. pursuit of the temperature goals in cost-effective manner.

the Paris Agreement so as to achieve a net-zero greenhouse gas emissions within the Union by 2050 and go into negative emissions soon thereafter; Accept in part with changes:

(ca) by no later than 2050, achieve a (ca) achieving a highly energy highly energy efficient and efficient [ ] energy system within the renewables-based energy system Union [ ] within the Union.

• 2. 

  The long-term low emission 2. The long-term climate and 2. The long-term low emission Accept in part strategies shall cover: energy strategies shall contain the strategies shall cover:

  elements set out in Annex IIa and 2. Member States' long-term [ ] shall cover: strategies should contain the elements set out in Annex IIa. Furthermore, they [ ] shall cover:

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Article 14(2)(a) (a) total greenhouse gas emissions (a) total greenhouse gas emissions

reductions and enhancements of reductions and enhancements of (a) total greenhouse gas emissions

Maintain Council GA

removals by sinks; removals by sinks with separate target reductions and enhancements of for enhancing removals by sinks that removals by sinks;

is consistent with pursuing efforts to limit the temperature increase goals in the Paris Agreement;

(a) emissions reductions and (b) with a view to decarbonisation, (b) emissions reductions and Accepted in part: enhancement of removals in individual greenhouse gases’ emissions enhancement of removals in individual sectors including electricity, industry, reductions and enhancement of sectors including among others (b) emissions reductions and transport, the buildings sector removals in individual sectors electricity, industry, transport, the enhancement of removals in individual (residential and tertiary), agriculture including among others electricity, buildings sector (residential and sectors including among others and land use, land-use change and industry, transport, the heating and tertiary), agriculture, waste and land electricity, industry, transport, the forestry (LULUCF); cooling and buildings sector use, land-use change and forestry heating and cooling and buildings

(residential and tertiary), agriculture (LULUCF); sector (residential and tertiary), and land use, land-use change and agriculture, waste and land use, landforestry (LULUCF); use change and forestry (LULUCF);

Note: provisionally agreed at technical level

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(c) expected progress on transition (c) expected progress on transition (c) expected progress on transition Accepted with changes: to a low greenhouse gas emission to a low greenhouse gas emission to a low greenhouse gas emission (c) expected progress on transition economy including greenhouse gas economy including greenhouse gas economy including greenhouse gas to a low greenhouse gas emission intensity, CO 2 intensity of gross intensity, CO 2 intensity of gross intensity, CO 2 intensity of gross economy including greenhouse gas domestic product and strategies for domestic product and strategies for domestic product and strategies for intensity, CO 2 intensity of gross related research, development and related long-term investments, related research, development and domestic product, related estimates of innovation; research, development and innovation; innovation; long-term investments and strategies

for related research, development and innovation;

Note: provisionally agreed at technical level

(ca) expected progress on energy Maintain Council GA transition including energy savings, total share of renewable energy and planned renewable energy installed capacity;

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(cb) expected contribution of deep

decarbonisation of the economy on Accept with changes:

macro-economic development, and (cb) to the extent feasible, expected social development, and health risks socio-economic effect of the and benefits and the environmental decarbonisation measures including protection; inter alia aspects related to macroeconomic and social development, health risks and benefits and environmental protection;

(d) links to other national long-term (d) links to other national long-term (d) links to other national long-term Accept planning. objectives, planning and other policies planning.

and measures and investments. Note: para 2, a, b, c, Art. 13a and Art. 26, para 2b incorporated with changes:

2bis. The Commission's analysis for the Union's long-term low emission strategy shall include:

(a) [the implications of] various scenarios including scenarios for the EU's contribution towards the objectives set out in paragraph 1 inter alia a scenario on achieving net zero greenhouse gas emissions within the Union by 2050 and negative emissions thereafter;

[ ] *) b) the implications of the scenarios referred to in point (a) on the global and Union carbon budget in order to inform a discussion about cost efficiency, effectiveness and fairness of greenhouse gas emissions reductions.

Note: see new Article 14bis

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2a. The Commission is empowered Accepted with changes to adopt delegated acts in accordance 2a. The Commission is empowered to with Article 36 to amend Annex IIa in adopt delegated acts in accordance with order to adapt it to amendments to the Article 36 to amend Annex IIa in order to Union Energy and Climate policy adapt it to the [amendments] framework, energy market developments in the Union Energy and developments and new UNFCCC and Climate policy framework that are Paris Agreement requirements. directly and specifically related to the [Union's contributions] relevant decisions adopted under the UNFCCC and, in particular, under the Paris Agreement.