Changes from plenary report to adopted text

Change 9

Changed(27) Without prejudice to Union legislation applicable to a specific technology, including under the Proposal for a Regulation of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products44products and the Proposal for a Regulation of the European Parliament and of the Council concerning batteries and waste batteries45 ,batteries, and unless otherwise indicated therein, when evaluating the environmental sustainability of net-zero solutions procured on the basis of this Regulation, contracting authorities and contracting entities are encouraged to take into account various elements with an impact on the climate and the environment. These may include, for instance, the durability and reliability of the solution; the ease of repair and maintenance; the ease of upgrading and refurbishment; the ease and quality of recycling; the use of certain substances; the consumption of energy, water and other resources in one or more life cycle stages of the product; the weight and volume of the product and its packaging; the incorporation renewable materials or of used components; the quantity, characteristics and availability of consumables needed for proper use and maintenance; the environmental footprint of the product and its life cycle environmental impacts; the carbon footprint of the product; the microplastic release; emissions to air, water or soil released in one or more life cycle stages of the product; the amounts of waste generated; the conditions for use. In line with the Union’s Cybersecurity Strategy, contracting authorities for tenders under this Regulation should reject offers which have not been certified under the relevant cyber security certification scheme.

Change 10

Changed(28) For the purposes of ensuring a more secure supply by taking into account within a public procurement procedure the need to diversify sources of supply of net-zero technologies away from single sources of supply within the meaning of Article 19 (2),19(2), and without prejudice to the Union’s international commitments, the supply should at least be deemed insufficiently diversified where a single source supplies for more than 65% of the demand for a specific net-zero technology within the Union.

Change 11

Changed(29) For the purposes of setting up schemes benefitting households, businesses, or consumers which incentivise the purchase of net-zero technology final products, and without prejudice to the Union’s international commitments, the supply should be deemed insufficiently diversified where a single source supplies more than 50% of the total demand within the UnionforUnion for a specific net-zero technology ▌. To ensure a consistent application, the Commission should publish a yearly list starting on the date of application of this Regulation, of the distribution of the origin of net zero technology final products which fall under this category, broken down by the share of Union supply originating in different sources in the last year for which data is available.

Change 12

Changed(30) Council Decision 2014/115/EU approved in particular the amendment to the World Trade Organisation Agreement on Government Procurement (the ‘GPA’)46.‘GPA’) ▌. The aim of the GPA is to establish a multilateral framework of balanced rights and obligations relating to public contracts with a view to achieving the liberalisation and expansion of world trade. For contracts covered by the Union’s Appendix I to the GPA, as well as by other relevant international agreements by which the Union is bound, including free trade agreements and the Article III:8(a) of the General Agreement on Tariffs and Trade of 1994 for procurement by governmental agencies of products purchased with a view to commercial resale or with a view to use in the production of goods for commercial sale, contracting authorities and contracting entities should not apply the requirements of Article 19 (2a)19(2a) and Article 19(4a), point (a) to economic operators of sources of supply that are signatories to the agreements.

Change 13

Changed(31) The application of the provisions on resilience in public procurement procedures set out in Article 19 of this Regulation should be without prejudice to the application of Regulation (EU)2022/1031/EU of the European Parliament and the Council, Article 25 of Directive 2014/24/EU▌,2014/24/EU ▌, and Articles 43 and 85 of Directive 2014/25/EU▌,2014/25/EU ▌, in accordance with the Commission’s guidance of 2019. The same way, public procurement provisions should continue to apply to works, supplies and services subject to Article 19, including Article 67(4) of Directive 2014/24/EU and any implementing measures resulting from the Proposal for a Regulation establishing a framework for setting ecodesign requirements for sustainable products and the Regulation (EU) 2023/1542 of the European Parliament and of the Council.

Change 14

Changed(34) For the purposes of the application of the provisions on public procurement according to Article 19 of this Regulation, where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369 of the European Parliament and of the Council51 ,Council, contracting authorities or contracting entities should purchase only the products that comply with the obligation laid down in Article 7 (2)7(2) of that Regulation.

Change 15

Changed(35) Households, business and final consumers are an essential part of the Union’s demand for net-zero technologies final products and public support schemes to incentivize the purchase of such product by households, in particular for vulnerable low- and lower middle-class income households and consumers, are important tools to accelerate the green transition. Under the solar rooftop initiative announced in the EU solar strategy52,strategy ▌, Member States should for instance set-up national programmes to support the massive deployment of rooftop solar energy. In the REPowerEU plan, the Commission called Member States to make full use of supporting measures which encourage switching to heat pumps. Such support schemes set up nationally by Member States or locally by local or regional authorities should also contribute to improving the sustainability and resilience of the Union net-zero technologies. Public authorities should for instance provide higher financial compensation to beneficiaries for the purchase of net-zero technology final products that will make a higher contribution to resilience in the Union. Public authorities should ensure that their schemes are open, transparent and non-discriminatory, so that they contribute to increase demand for net-zero technology products in the Union. Public authorities should also limit the additional financial compensation for such products so as not to slow down the deployment of the net-zero technologies in the Union. To increase the efficiency of such schemes Member States should ensure that information is easily accessible both for consumers and for net-zero technology manufacturers on a free website. The use by public authorities of the sustainability and resilience contribution in schemes targeted at consumers or households should be without prejudice to State aid rules and to WTO rules on Subsidies.

Change 16

Changed(37)▌A(37) A net-zero Europe platform (Net-Zero Europe Platform) should also play an important role in accelerating the implementation of the sustainability and resilience contribution by Member States and public authorities in their public procurement and auctioning practices and the Commission should also assist Member States in the design of schemes targeted at households, businesses and consumers to build synergies and exchange best practices. It is important that both the contracting authorities or contracting entities and the producing companies have a clear understanding of each of the sustainability and resilience criteria. Therefore, the Commission should, in close collaboration with the Net-Zero Europe Platform, adopt an implementing act specifying the criteria to assess the resilience and sustainability contribution, with a particular attention for SMEs, who should have a fair chance to participate in the substantial market for public procurement. Coherence with all existing legislation will be key. Furthermore, that implementing act should clarify the derogations provided for in Article 19(4). Besides, the Commission should, in close collaboration with the Net-Zero Europe Platform, issue guidance on how to link the sustainability and resilience criteria with future legislation. That guidance can further provide concrete and specific examples and best practices. In order to be coherent with all future legislation, the Commission should update its guidance at least every six months.

Change 17

Changed(39) As indicated in the Communication on the Green Deal Industrial Plan for the Net-Zero Age, published on 1 February 2023, the Union’s industry’s market shares are under strong pressure, due to subsidies in third countries which undermine a level playing field. Some third countries are rolling out support schemes that aim to anchor and attracting clean tech industry. This situation presents a competitive challenge for the Union to maintain and develop its own industry. This translates in a need for a rapid and ambitious reaction from the Union in modernising its legal framework to compete globally defending open and fair trade by making full and efficient use of all available tools including trade defensedefence instruments, and by promoting Union standards for net-zero technologies.

Change 18

Changed(40) Access to public and private finance is key for ensuring the Union’s open strategic autonomy and for establishing a solid and competitive manufacturing base for net-zero technologies and their supply chains across the Union. The majority of investments necessary to reach the Green Deal objectives will come from private capital attracted by the growth potential of the net-zero ecosystem. Well-functioning, deep and integrated capital markets will therefore be essential to raise and channel the funds needed for the green transition and net-zero technology manufacturing projects. Swift progress towards the Capital Markets Union is thus necessary for the Union to deliver on its net-zero objectives. The sustainable finance agenda (and blended finance) also plays a crucial role in scaling up investments into the net-zero technologies, while guaranteeing the competitiveness of the sector. As indicated in the Staff Working Document accompanying this Regulation, investment needs amount to around EUR 92 billion over the period 2023-2030,2023 to 2030, with a range of between about EUR 52 billion to around EUR 119 billion depending on various scenarios, which would result in public funding requirements of EUR 16 to 18 billion. Considering that this assessment only takes into account five specific technologies, the real investment need is likely to be significantly higher.

Change 19

Changed(43) The amended Recovery and Resilience Facility Regulation54Regulation made available an additional EUR 20 billion of non-repayable support to Member States in order to promote energy efficiency and replace fossil fuels, amongst others through EU net- zero industry projects. As pointed out in the Commission Guidance on the REPowerEU chapters, Member States are encouraged to include in the REPowerEU chapter of their recovery and resilience plans, measures supporting investments in net-zero technologies manufacturing and industrial innovation, in accordance with Regulation (EU) 2021/241 of the European Parliament and of the Council.

Change 20

Changed(45) Member States can provide support from cohesion policy programmes in line with applicable rules under Regulation (EU) 2021/1060 of the European Parliament and of the Council to encourage the take up of net-zero strategic projects as well as net-zero technology manufacturing projects in all regions, especially in less developed regions transition regions and Just Transition Funds territories ,territories, through investment packages of infrastructure, productive investment in innovation, manufacturing capacity in SMEs, services, training and upskilling measure, including support to capacity building of the public authorities and promoters. The applicable co-financing rates set in programmes may be up to 85% for less developed regions and up to 60% or 70% for transition regions depending on the fund concerned and the status of the region but Member States may exceed these ceilings at the level of the project concerned, where feasible under State aid rules. The Technical Support Instrument can help Member States and regions in preparing net-zero growth strategies, improve the business environment, reducing red tape and accelerating permitting. Member States should be encouraged to promote the sustainability of net-zero▌net-zero ▌ projects by embedding these investments in European value chains, building notably on interregional and cross border cooperation networks. The adoption of such measures should be considered in particular with regard to Valleys.

Change 21

Changed(49) In order for net-zero technology manufacturing projects and for net-zero strategic projects, to be deployed or expanded as quickly as possible to contribute to the Union’s security of supply for net-zero technologies, it is important to create planning and investment certainty by keeping the administrative burden on project promoters to a minimum without compromising on the environmental and social standards of the Union. For that reason, permit-granting processes of the Member States for net zero technology manufacturing projects andforand for net-zero strategic projects, should be streamlined, whilst at the same time ensuring that such projects are safe, secure, environmentally performant, and comply with environmental, social and safety requirements. Union environmental legislation sets common conditions for the process and content of national permit- granting processes, thereby ensuring a high level of environmental protection. ▌.

Change 22

Changed(50) At the same time, the unpredictability, complexity and at times, excessive length of national permit- granting processes undermines the investment security needed for the effective development of net-zero technology manufacturing projects. Therefore, in order to ensure and speed up their effective implementation, Member States should apply streamlined and predictable permitting procedures. In addition, net-zero strategic projects should be given priority status at national level to ensure rapid administrative treatment and urgent treatment in all judicial and dispute resolution procedures relating to them ▌them. Furthermore, Member States should consider policy innovation in this field. In order to ensure that net-zero strategic projects can be treated with priority, Member States should ensure that the competent authorities are adequately equipped and staffed.

Change 23

Changed(53) In order to ensure clarity about the permitting status of net-zero technology manufacturing projects and net-zero strategic projects and to limit the effectiveness of potential abusive litigation, while not undermining effective judicial review, Member States should ensure that any dispute concerning permit granting process is resolved in a timely manner. To that end, national competent authorities should ensure that applicants and project promoters have access to a simple dispute settlement procedure and that those projects are granted urgent treatment in all judicial and dispute resolution procedures relating to them while ensuring respect for the rights of defense.defence.

Change 24

Changed(62) Net-zero regulatory sandboxes can be an important tool to promote innovation in the field of net-zero technologies and regulatory learning. Innovation needs to be enabled through experimentation spaces as scientific outcomes need to be tested in a controlled real-word environment. Regulatory sandboxes should be introduced to test innovative net-zero technologies and other innovative technologies in a controlled environment for a limited amount of time It is appropriate to strike a balance between legal certainty for participants in the Net-Zero regulatory sandboxes and the achievement of the objectives of Union law. As Net-Zero regulatory sandboxes must in any case comply with the essential requirements on Net-Zero technology laid out in Union and national law, it is appropriate to provide that participants ,participants, who comply with the eligibility requirements for Net-Zero regulatory sandboxes and who follow, in good faith, the guidance provided by the competent authorities and the terms and conditions of the plan agreed with those authorities, are not subject to any administrative fines or penalties. This is justified as the safeguards in place will, in principle, ensure effective compliance with Union or Member State law on the Net-Zero technology supervised in the regulatory sandboxes. The Commission will publish a Guidance for Sandboxes document in 2023 as announced in the New European Innovation Agenda to support Member States in preparing the net zero technology sandboxes. Those innovative technologies could eventually be essential to achieve the Union’s climate neutrality objective, ensure the security of supply and resilience of the Union’s energy system, and consequently enter the scope of ▌net-zero technologies.

Change 25

Changed(64) One of the main objectives of Union’s industrial policy is to enable the green and digital transitions while preserving the sustainable growth and competitiveness of the Union, maintaining quality jobs and strengthening its ability to innovate and produce, particularly with regard to clean technologies. The scaling up of European net-zero technology industries as well as ensuring Union’s open strategic autonomy require significant additional skilled workers which implies important investment needs in re-skilling and upskilling, including in the field of vocational education and training. More specifically, the energy transition will require a significant increase in the number of skilled workers in a range of sectors, including renewable energy and energy storage, grid technologies, battery production as well as IT or Smart solutions for energy system optimization and management, and other industrial decarbonisation technologies. According to studies, the circular economy could contribute to the creation of around 700 000 jobs in the Union alone by 2030. It is therefore of utmost importance to make jobs in net zero technologies attractive and accessible, especially technical careers including through Union information campaigns to promote technical and vocational education, as well as jobs related to circular economy, resource management and industrial transformation and decarbonisation in general. Furthermore, it is necessary to tackle the current mismatch between the skills of Union workers and the needs of companies. The skill needs for the fuel cell hydrogen sub-sector in manufacturing alone are estimated at 180.000 trained workers, technicians and engineers by the year 2030, according to the Commission’s European Strategic Energy Technology Plan .Plan.. In the photo-voltaic solar energy sector, up to 66.000 jobs would be needed in manufacturing alone. In addition, the absence of educational programmes that promote skills necessary for net zero technologies, which also cause a scarcity of skilled employees and a lack of understanding within local administration in certain regions of the Union, could create a significant bottleneck for sustainable industrial development.

Change 26

Changed(66) Building on local and regional initiatives and on previous experiences, such as hubs for skills development,thedevelopment, the EU Pact for Skills and the European Battery Alliance, or the Offshore Renewable Energy Alliance, the European Net-Zero Industry Academies, which are a network of relevant experts (Academies), should develop and deploy education and training content to upskill and reskill workers required for key net-zero technology value chains, such as solar photovoltaic and solar thermal technologies, marine renewable energy, renewable hydrogen technologies and raw materials, and CCU. The scope and number of the Academies should be determined by the Commission and the Member States in the framework of the Net-Zero Platform on the basis of existing and objective studies in line with the principle of technological neutrality as well as based on a mapping exercise of current and forecasted needs in net-zero industries, including in regions in transition. Such a mapping exercise should provide information about current and upcoming skills shortages in key net-zero industries across the Union and how training opportunities are provided in such industries. The mapping exercise should also analyse the root cause of skills and labour shortages in particular related to the quality of the job offer in net-zero industries such as by assessing the working conditions and the coverage of collective bargaining. Additionally, based on the results of the mapping exercise and existing studies and in consultation with the Net-Zero Europe Platform, the Commission should issue a call for proposals to launch an academy in a given technology when a critical level of skills shortage in relation to a net zero technology is identified (Academy). Union’s seed-funding should be made available to set up the Academies and allow their functioning in view of becoming financially sustainable three years after their establishment by receiving financial contributions from the private sector. A strong governance is needed to make the Academies operational as fast as possible in order to develop training programmes in net zero technologies. This should be done without prejudice to the determining role that social partners and universities can also play in the creation of such AcademiesAcademies, ,asas in the case in the Battery Alliance. The role of international and interdisciplinary university alliances, such as Transform4Europe, should in particular be considered to achieve more unified and common standards in training and reskilling or upskilling activities. In general, the use of already existing research and teaching infrastructures should also be prioritised.

Change 27

Changed(69) At Union level, a Net-Zero Europe Platform, should be established, composed of the Member States and of the European Parliament, and chaired by the Commission. The Net-Zero Europe Platform may advise and assist the Commission and Member States on specific questions and provide a reference body, in which the Commission and Member States coordinate their action and facilitate the exchange of information on issues relating to this Regulation. The Net-Zero Europe Platform should further perform the tasks outlined in the different Articles of this Regulation, notably in relation to permitting, including one-stop shops, Net-Zero Strategic Projects, coordination of and access to financing, access to markets and skills as well as regulatory sandboxes for innovative net-zero technologiesandtechnologies and other innovative technologies .technologies. Where necessary, the Net-Zero Europe Platform should be able to establish standing or temporary subgroups and invite third parties, such as experts or representatives from net-zero industries.

Change 28

Changed(70) As part of the Green Deal Industrial Plan the Commission announced its intention to conclude Net-Zero Industrial Partnerships covering net-zero technologies. Cooperationtechnologies.Cooperation through such ParnershipsPartnerships is likely to promote the adoption of net-zero technologies globally,to support mutually reinforcing partnerships between the Union and third countries, including sustainable investments and technical assistance. Net-Zero Industrial Partnerships can also contribute to the diversification and resilience of the Union’s supply of net-zero technologies and their components, enhance information sharing between the Union and its partners on the development of net-zero technologies and support Union’s net-zero industries in accessing the global clean energy market,energymarket, while supporting nascent industries in the field of clean energy technologies in third countries with clear comparative advantages. The Commission and Member States should coordinate within the Net-Zero Europe Platform the Partnerships, discussing existing relevant partnerships and processes, such as green partnerships, energy dialogues and other forms of existing bilateral contractual arrangements, as well as potential synergies with relevant Member States’ bilateral agreements with third countries. Agreements with third countries including Net-Zero Industrial Partnerships should reflect core Union values and objectives notably with regard to promoting labour and international environmental standards in those countries. Moreover, Net-Zero Industrial Partnerships should aim to contribute to the industrial transformation across the whole value chain of Union and third country undertakings while ensuring open markets and fair trade.

Change 29

Changed(71) The Union should aim to diversify international trade and investments in net-zero technologies forging mutual reinforcing partnerships, building on partners' own sustainable development plans, relevant environmental and human rights standards while promoting globally high social, labour and environmental standards. This should be done in close cooperation and partnership with like-minded countries by means of existing agreements or new strategic deals. Similarly, stronger international cooperation on research and innovation efforts to develop and deploy net-zero technologies should be pursued in close cooperation with partner countries in an open and balanced manner, with due regard to the Union’s strategic interests and needs .needs.

Change 30

Changed(73) To the extent that any of the measures envisaged by the present Regulation constitute State aid, the provisions concerning such measures are without prejudice to the application of Articles 107 and 108 of the TFEU.

Change 31

Changed1. This Regulation establishes the framework of measures to ensure a coordinated approach, throughout the Union, to the innovation and scaling up of the manufacturing capacity of net-zero technologies as well as of the components, materials and machinery along the supply chains of those technologies that are indispensable for their production and functioning in the Union to :to:

Change 32

Changed(a) the reduction of strategic dependencies in the Union of the strategic net-zero technologies as well as of the components, materials and machinery along the supply chains of those technologies that are indispensable for their production and functioning and that by 2030 reaches a manufacturing capacity corresponding to :to:

Change 33

Changed(ii) at least 25 % of global demand for the corresponding technologies;(b) the guaranteed free movement of net zero technologies and related service placed on the internal market.technologies;

Change 34

Added(b) the guaranteed free movement of net zero technologies and related service placed on the internal market.

Change 35

Changed(a) ‘net-zero technologies’ means the technologies listed in Article 3a(1) ;3a(1);

Change 36

Changed(b) ‘component’ means a manufactured element of a net-zero technology final product ;product;

Change 37

Removed▌ (k) ‘authority concerned’ means an authority that, under national law, is competent to issue permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure;

Added▌

Added(k) ‘authority concerned’ means an authority that, under national law, is competent to issue permits and authorisations related to the planning, design and construction of immovable assets, including energy infrastructure;

Change 38

Changed(g) electric, hydrogen (H2), sustainable alternative fuels as defined in Regulation (EU) .../...(OJ.../... [OJ to include reference to Sustainable maritime fuels |Regulation 2021/0210(COD)),2021/0210(COD)], and wind propulsion technologies for transportation;

Change 39

ChangedIn addition to the support provided by the Member States, the Commission shall provide the net-zero strategic projects with supportassistance as referred to under points (a),in (b)the andfirst (c).subparagraph.

Change 40

Changed3. For the expansion of manufacturing capacity in existing manufacturing facilities, the time limits referred to in paragraphparagraphs 1 and 2 shall be halved.

Change 41

Changed3. Net-zero technology manufacturing projects corresponding to a technology listed in Article 3a(1) of this Regulation located in ‘less developed and transition regions’ and Just Transition Fund Territories and eligible for funding under cohesion policy rules, shall be recognised by Member States as net-zero strategic projects under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).

Change 42

Changed4. A net-zero technology manufacturing project located in the Union that contributes to the realisation of the objectives set out in Article 1(1) and that either benefits from the ETS Innovation Fund, or is part of Important Projects of Common European Interest, European Hydrogen Valleys, or of the Hydrogen Bank, when the funds support investment in manufacturing capacities corresponding to a technology listed in Article 3a(1) of this Regulation,3a(1), shall be recognised by Member States as net-zero strategic project under Article 11(3) upon request of the project promoter without the project promoter having to submit a formal application under Article 11(2).

Change 43

ChangedNet-aeroNet-zero industry valleys

Change 44

Changed2a.3. Member States shall provide an opinion, as set out in Article 7(1) of this Regulation as well as a detailed schedule for the permitting procedure as set out in Article 6(7), for all activities foreseen in the Valley. The opinion shall also include a detailed description of any data, information or analysis gathered by the Member State when conducting the assessment referred to in paragraph 2 can be relied upon by the applicant as well as, where applicable, which additional information, data or analysis is still required from the applicant. In accordance with Article 5, all data, information and analysis gathered by the Member State shall be made accessible online for applicants.

Change 45

Changed5.6. The national measures referred to in paragraph 1b of1, thispoint Article(b) shall at least include the following economic and administrative support schemes:

Change 46

Removed▌Article 15 Coordination of financing

Added▌

Change 47

Changed(d) relevant Union funding and financing programmes.programmes including through STEP.

Change 48

Changed1. Without prejudice to Directive 2003/87/EC ,2003/87/EC, Member States shall report annually on the percentage of national revenues generated from the auctioning of the allowances, in accordance with the activities allowed under Article 10(3) of that Directive, that is used to support the objectives of this Regulation with a view of reaching at least 25%.

Change 49

Changed1. By 3... [3 months from the entry into force of this Regulation,Regulation], Member States shall:

Change 50

Changed(b) oblige entities holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC of the European Parliament and of the Council on their territory to make publicly available on a non-reliance basis all raw geological data relating to production sites that have been decommissioned or whose decommissioning has been notified to the competent authority, and preliminary economic assessments of the respective costs of enabling CO2 injection on each site, including data on:(i) whether the site is suitable for sustainably, safely and permanently injecting and storing CO2;on:

Change 51

Changed(ii)(i) whether transport infrastructurethe andsite modesis suitable for safely transporting CO2 to reach thesustainably, sitesafely isand availablepermanently orinjecting canand bestoring constructed..CO2;

Change 52

Added(ii) whether transport infrastructure and modes suitable for safely transporting CO2 to reach the site is available or can be constructed.

Change 53

Changed3. Following the receipt of the reports submitted pursuant to Article 17 (2),17(2), the Commission after having consulted Member States and interested parties, shall specify the share of the contribution to the Union CO2 injection capacity objective by 2030 from entities referred to in paragraph 1.1 of this Article.

Change 54

Changed6. By ... [two years from the entry into force of the Regulation] and every year thereafter, the entities referred to in paragraph 1 shall submit a report to the competent authorities of the Members States and the Commission detailing their progress towards meeting their contribution. In accordance with Directive 2009/31/EC, that report shall include details on the newly commissioned storage capacities, the extent of its utilisation, and an overview of the economic feasibility of planned injection capacities and recommendations to the Member States on additional measured required to reach the CO2 injection targets.Thetargets. The Commission shall make these reports public.

Change 55

Changed1. Without prejudice to the World Trade Organization Agreement on Government Procurement (GPA) and other international agreements by which the Union is bound as well as applicable sectoral legislation, in particular Regulations (EU) 2022/1031 and (EU) 2022/2560, contracting authorities andcontractingand contracting entities shall base the award of contracts for purchase or use for net-zero technology listed in Article 3 of this Regulation, as well as, particularly through public procurement of innovative solutions and pre-commercial public procurement, innovative net-zero technologies or other innovative technologies, in a public procurement procedure on the most economically advantageous tender, which shall include the best price-quality ratio, comprising at least the environmental and social sustainability and resilience contribution of the tender, in compliance with Directives 2014/23/EU, 2014/24/EU, or 2014/25/EU ▌. Contracting authorities and contracting entities shall ensure that the procurement process is open, non-discriminatory and transparency, allowing fair competition among all eligible suppliers.

Change 56

Changed4. By way of derogation from paragraph 3 of this Article, the contracting authority or the contracting entity shall not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would clearly oblige that authority or entity to acquire equipment having disproportionate costs ▌..▌. Cost differences shall be calculated only for the cost of the equipment, excluding related services, and may be presumed by contracting authorities and contracting entities to be disproportionate when they are above 30% ,30%, compared to a tender without the sustainability and resilience contribution .Thiscontribution.This provision shall be without prejudice of the possibility to exclude abnormally low tenders under Article 69 of Directive 2014/24/EU and Article 84 of Directive 2014/25/EU, ▌without prejudice to other contract award and exclusion criteria according to the EU legislation, and without prejudice to prerogative of contracting authorities to formulate technical specifications in line with Article 42 of Directive 2014/24/EU in order to ensure the application of paragraph 3 of this Article does not lead to the procurement of incompatible equipment requiring unreasonably high costs to ensure the compatibility with the existing equipment.

Change 57

AddedMember States shall ensure that auctions include an inflation indexation mechanism. Negative bids shall, where appropriate, be excluded from auctions.

Change 58

Removed1. By ...[6 months from the date of entry into force of this Regulation], the Commission shall provide clear guidance on the concrete implementation on Article 19 in combination with Article 20, by providing:

AddedCommission guidance

Added1. By ... [6 months from the date of entry into force of this Regulation], the Commission shall provide clear guidance on the concrete implementation on Article 19 in combination with Article 20, by providing:

Change 59

Changed2. The Commission shall evaluate the contribution of non-price criteria of this Regulation aiming to provide an incentive for the innovation required for achieving the Union’s 2030 and 2050 energy and climate targets and report to the European Parliament no laterby than... two[two years after the date of entry into force.force of this Regulation]. If necessary, the Commission shall modify the contribution of non-price criteria in order to foster manufacturing in the Union, ensuring high environmental and sustainability standards, developing value chains across the Union and increasing the competitiveness of Union businesses at global level.

Change 60

Changed1. Without prejudice to Articles 107 and 108 TFEU and Article 4 of Directive (EU) 2018/2001 and in line with the Union’s international commitments, when deciding to set up schemes benefitting households, business or consumers which incentivise the purchase of net-zero technology final products listed in Article 3a(1) of this Regulation, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law, shall design them in such a way as to promote the purchase by beneficiaries of net-zero technology final products with a high sustainability and resilience contribution as referred in Article 19(2),19(2) of this Regulation, by providing additional proportionate financial compensation.

Change 61

Changed1. By ... [12 months from the date of entry into force of this Regulation], the Commission shall adopt an implementing act in accordance with the examination procedure referred to in Article 34(3) specifying the criteria to assess the resilience and sustainability contribution of available products covered by the forms of public intervention covered under Articles 19, 20 and 21 ,21, in accordance with similar provisions in existing legal acts, and establishing the criteria for a derogation as provided for in Article 19(4). The Commission shall take the specific context of SMEs into consideration.

Change 62

Changed(a) develop learning programmes, content and learning and training materials for training and education on developing, producing, installing, commissioning, operating, maintaining and recycling net-zero technologies,technologies and, on raw materials,materials that have been identified by the mapping exercise, as well as to support the capacities of public authorities competent to issue permits and authorisations referred to in Chapter II and contracting authorities referred to in Chapter IV of this Regulation;

Change 63

Changed(b) enable and promote the use of the learning programmes, content and materials by education and training providers in the Member States, such as universities, research universities, universities of applied sciences and university alliances, undertakings that provide such ,education and training, including SMEs, start-ups and social enterprises, social partners, and by training trainers;;

Change 64

Changed(2) monitor the activity of the European Net-Zero Industry Academies and ,and, based on the data provided by Member States and national authorities pursuant to Article 31(2), collect information on how many people have benefited from the learning programmes developed by the Academies and provide disaggregated data by industrial sectors, gender, age, and levels of education and qualification, foster synergies with other national and Union skills initiatives and projects, and provide oversight so as to attract a diverse workforce, including through targeted communication campaigns;

Change 65

Changed(7) facilitate closer coordination and the exchange of best practices and knowhow between Member States and within the private sector to enhance the availability of skills in the net-zero technologies, including by contributing to Union and Member States policies to attract new talents from third countries and from all educational levels.

Change 66

Changed2. The modalities and the conditions for the establishment and operation of the net-zero regulatory sandboxes under this Regulation shall be adopted through implementing acts in accordance with the examination procedure referred to in Article34(3).Article 34(3). The modalities and conditions shall to the extent possible support flexibility for national competent authorities to establish and operate their Net-zero regulatory sandboxes, foster innovation and regulatory learning and shall particularly take into account the special circumstances and capacities of participating SMEs- and start-ups. The implementing acts referred to this paragraph ▌ shall include common main principles on the following issues:

Change 67

Changed2. Member States shall take into account the specific interests and needs of SMEs ,SMEs, and provide adequate administrative support to take part in the regulatory sandboxes. Without prejudice to the application of Articles 107 and 108 TFEU, Member States should inform SMEs of available financial support to their activities in the regulatory sandboxes.

Change 68

Changed(a) net-zero technology developments and market trends, including average manufacturing investment costs and production costs, and market prices for the respective net-zero technologies; (b) net-zero technology manufacturing capacity and related activities, including data on employment and skills and progress towards achieving the 2030 targets referred to in recital 13;

Change 69

Added(b) net-zero technology manufacturing capacity and related activities, including data on employment and skills and progress towards achieving the 2030 targets referred to in recital 13;

Change 70

Removed▌Article 33 Exercise of the delegation

Added▌

Change 71

Changed6. A delegated act adopted pursuant to Article 1(3), Article 3(2) andor Article 18(7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Change 72

ChangedDone at Brussels,▌,