Changes from plenary report to adopted text

Article23a

Establishment and governance of the European Net-Zero Industry Academies

A mapping exercise shall identify labour and skills shortages in key industrial sectors and net-zero industries based on the needs of industrial transformation and decarbonisation and assess the access to training opportunities related to such technologies at national level.

The mapping exercise shall analyse the root causes of such shortages, especially those related to the quality of the job offer, thus assessing whether additional measures are needed to attract more workers of all qualification levels in certain industries.

If, on the basis of the mapping exercise, a critical level of skills shortages in a strategic net-zero technology is identified, the Commission shall issue a call for proposals for the establishment of European Net-Zero Industry Academies.

The members of Net-Zero Industry Academies shall comprise several actors, such as industries in which the use of net-zero technologies is key in their value chains, education and training providers, social partners and undertakings including SMEs. The composition of the membership shall, where possible, aim for geographical balance across Member States, while ensuring that the learning content developed by the European Net-Zero Industry Academies is available in different languages so that the learning programmes be accessed by a maximum of learners, especially among the most vulnerable groups.

A financial envelope of at least EUR 102 000 000 in current prices shall be made available for the establishment and functioning of the European Net-Zero Industry Academies between 1 January 2024 and 31 December 2027. Members States shall make use of relevant Union funds in particular the ESF+, for an effective deployment of the Academies’ learning content, and shall provide information to the Commission on the amount of Union funds have been allocated to achieve that objective.

Three years after their establishment, the European Net-Zero Industry Academies shall become financially sustainable by receiving financial contributions from the private sector.

The Net-Zero Europe Platform established pursuant to Article 28(1) shall monitor the work of the European Net-Zero Industry Academies and shall issue a report by 31 December 2026 on the deployment of their learning programmes.

Without delay after the entry into force, the Commission shall launch the mapping process and issue a first call for proposals to establish European Net-Zero Industry Academies, which could benefit from the existing work and projects of relevant actors and Member States.

By [31 December 2024], European Net-Zero Industry Academies shall be established.

By [31 December 2025], the European Net-Zero Industry Academies shall start providing and disseminating initial learning content. The deployment phase of the learning content shall pay particular attention to regions in industrial transformation, with critical skills shortages or those with a high rate of unemployment, in particular youth unemployment.

Regulated professions in Net Zero Industries and recognition of professional qualifications

1. By 31 December 2024 and every two years thereafter, Member States shall identify whether the learning programmes developed by the European net-zero industry academies are equivalent to the specific qualifications required by the host Member State to access regulated activities within the scope of a profession with particular interest for the net-zero industry to simultaneously reindustrialise and decarbonise with a view to aligning the requested qualifications, covering both technical and academic qualifications. Member States shall ensure that the results of the assessments are made public and easily accessible online. In the event that the learning programmes are deemed not to be equivalent to the qualifications required by the host Member State to access regulated activities, that Member State shall explain to the Commission the differences and specify how to achieve equivalence.

2. If a Member State concludes there is equivalence, as described in the first paragraph of this Article, it shall, in accordance with national law and practice, ensure facilitate the recognition of credentials issued by education and training providers on the basis of the learning programmes developed by the academies, under Title III Chapter I of Directive 2005/36/EC of the European Parliament and of the Council, whenever a holder of such a credential requests access to a regulated profession within the meaning of Article 3(1)(a) of Directive 2005/36/EC, and of particular importance for the net-zero industry, by accepting the credential as sufficient evidence of formal qualifications.

3. Where access to a profession of particular importance for the net-zero industry is regulated within the meaning of Article 3(1)(a) of Directive 2005/36/EC, Member States shall work towards developing a common set of minimum knowledge, skills and competences necessary for the pursuit of this specific profession with the purpose of establishing a Common Training Framework as referred to in Article 49a (1) of Directive 2005/36/EC of the European Parliament and of the Council to enable automatic recognition of qualifications. The Net Zero Industry Platform may also submit suggestions as referred to in Article 49a (3) of Directive 2005/36/EC.

The Net-Zero Europe Platform referred to in Article 28 shall support the availability and deployment of skills in net-zero technologies, and in competent authorities and contracting authorities referred to in Chapter II and Chapter IV, through the following tasks, while building upon existing structures within national educational and vocational training system:

(1) assist the Commission in assessing, continuously monitoring and forecasting the demand and supply of a workforce with the skill sets needed in net-zero technologies and the availability and uptake of corresponding education and training opportunities, informing as appropriate the activities of the European Net-Zero Industry Academies;

(3) assist the mobilisation of stakeholders including industry, undertakings, including SMEs, start-ups and social enterprises, social partners and education and training providers, such as universities, research universities, universities of applied sciences and university alliances for the roll-out of learning programmes developed by the European Net-Zero Industry Academies;

(4) assist the uptake and recognition of learning credentials of the European Net-Zero Industry Academies in the Member States to promote the recognition of skills and the matching of skills and jobs, inter alia by promoting the validity and acceptance of the credentials throughout the Union’s labour market of the European Union and by emphasising long-term training programmes and remunerated apprenticeships;

(4a) monitor the enforcement of the uptake and recognition of learning credentials and contribute to providing solutions where issues of non-recognition are detected;

(5) facilitate the development of European occupation profiles consisting of a common set of knowledge, skills and competences for key professions in the net-zero technologies, drawing inter alia upon the learning programmes developed by the European Net-Zero Industry Academies, and, where appropriate, using the terminology provided by the European Skills, Competences, Qualifications and Occupations (ESCO) classification to facilitate transparency and mobility between jobs and across internal market borders;

(6) promote career prospects and quality working conditions, including fair and adequate wages in jobs in net-zero technology industries as well as the appeal of technical education, the labour market integration of youth, women, senior and people from disadvantaged background for net-zero technology industries, and the attraction of skilled workers from third countries through instruments such as the European Blue Card, and thereby achieve a more diverse workforce;

(6a) encourage and support labour mobility across the Union and publish vacant posts by means of the EURES network;

(a) eligibility and selection for participation in the net-zero regulatory sandboxes;

(b) procedure for the application, participation, monitoring, exiting from and termination of the net-zero regulatory sandboxes, including the sandbox plan and the exit report;

(c) the terms and conditions applicable to the participants.

3. The participation in the net-zero regulatory sandboxes shall not affect the supervisory and corrective powers of the authorities supervising the regulatory sandbox. The testing, development and validation of innovative net-zero technologies and other innovative technologies shall take place under the direct supervision and guidance of the competent authorities. The competent authorities shall exercise their supervisory powers in a flexible manner within the limits of the relevant legislation, adapting existing regulatory practices and using their discretionary powers when implementing and enforcing legal provisions to a specific net-zero regulatory sandbox project, with the objective of removing barriers, alleviating regulatory burden, reducing regulatory uncertainty, and supporting innovation in net-zero technologies.

4. Where relevant to achieve the objective of this article, the competent authorities shall consider granting derogations or exemptions to the extent allowed by the relevant Union or national law. The competent authorities shall ensure that the sandbox plan ensures respect for the key objectives and essential requirements of the Union and national legislation. Competent authorities shall make sure that any significant risks to health, safety or the environment identified during the development and testing of innovative net-zero technologies and other innovative technologies is publicly communicated and results in immediate suspension of the development and testing process until such risk is mitigated. Where competent authorities consider that the proposed project raises exceptional risks for the health and safety of workers, of the general population, or of the environment, in particular because it relates to testing, development or validation involving particularly toxic substances, they shall only approve the regulatory sandbox plan once they are satisfied that adequate safeguards have been put in place commensurate with the exceptional risk identified.

5. Provided that the participant(s) respect the sandbox plan and the terms and conditions for their participation issued in compliance with this Article and as referred to in paragraph 2 and follow in good faith the guidance given by the authorities, no administrative fines or other penalties shall be imposed by the authorities for infringement of applicable Union or Member State legislation relating to the net zero technology supervised in the regulatory sandbox.

6. Participants in the innovative net-zero regulatory sandbox shall remain liable under applicable Union and Member States’ liability legislation for any harm inflicted on third parties as a result of the testing taking place in the regulatory sandbox.

7. The duration of the net-zero regulatory sandbox may be extended through the same procedure upon agreement of the national competent authority.

8. The net-zero regulatory sandboxes shall be designed and implemented in such a way that, where relevant, they facilitate cross-border cooperation between the national competent authorities. Member States that have established net-zero regulatory sandboxes shall coordinate their activities and cooperate within the framework of the Net-Zero Europe Platform with the objectives of sharing relevant information. They shall report annually to the Commission on the results of the implementation of regulatory sandboxes, including good practices, lessons learnt and recommendations on their setup and, where relevant, on the application within the regulatory sandbox of this Regulation and other Union legislation in a manner adapted for the purposes of the sandbox.

Innovation for competitiveness and decarbonisation

The measures in this Section shall aim to accelerate innovation in energy technologies within the Union, in order to accelerate the deployment of those technologies to foster the Union’s decarbonisation efforts as well as to increase the global competitiveness of the Union’s net-zero industry with the view of securing the Union’s open strategic autonomy by increasing the export of those technologies as well as the domestic supply.

Innovation Principle

Without prejudice to its competences under the Treaties, and in line with its Better Regulation Guidelines of 3 November.2021, the Commission shall apply the innovation principle, as described in the Better Regulation Tool #22 as well as in the Commission communication of 15 May 2018 entitled “A renewed European Agenda for Research and Innovation - Europe's chance to shape its future”, during the preparation of new Union legal acts as well as during the review and revision of existing Union legal acts, with a view of ensuring that the regulatory framework of the internal market fosters and is supportive of innovation.

SET Plan Board

1. For the purpose of establishing and implementing the SET Plan referred to in Article 26d, the Commission shall set up a SET Plan Board. The SET Plan Board shall be responsible for the strategic direction as well as general decisions, including the decision on the technologies to be included on the SET Plan and its implementation.

2. The SET Plan Board shall be composed Member States and of the Commission. It shall be chaired by a representative of the Commission. It shall include structural and permanent involvement of industry and research actors.

3. Each Member State shall appoint a high-level representative to the SET Plan Board. Where relevant as regards the function and expertise, a Member State may have more than one representative in relation to different tasks related to the work of the SET Plan Board. Each member of the SET Plan Board shall have an alternate.

4. On a proposal by the Commission, the SET Plan Board shall adopt its rules of procedure by a simple majority of its members.

5. The SET Plan Board shall meet at regular intervals to ensure the effective performance of its tasks specified in this Regulation. Where necessary, the SET Plan Board shall meet at the reasoned request of the Commission or a simple majority of its members.

6. The Commission shall assist the SET Plan Board by means of an executive secretariat that provides technical and logistic support.

7. The SET Plan Board may establish standing or temporary sub-groups dealing with specific questions and tasks.

8. The SET Plan Board shall invite representatives of the European Parliament to attend its meetings as observers, including of the standing or temporary sub-groups referred to in paragraph 7.

9. Where appropriate, the SET Plan Board or the Commission may invite experts and other third parties to SET Plan Board and sub-group meetings or to provide written contributions.

10. The SET Plan Board shall take the necessary measures to ensure the safe handling and processing of confidential and commercially sensitive information.

11. The SET Plan Board shall use its best endeavours to reach consensus.

Strategic Energy Technology Plan

1. By ... [3 months from the date of entry into force of this Regulation], the SET Plan Board referred to in Article 26c shall establish a Strategic Energy Technology Plan (SET Plan). The objective of the SET Plan shall be to ensure a focus on and coordination between different funding schemes and sources, at Union, national and sub-national level and to support the development of climate-neutral energy technologies as well as of ensuring strategic alignment on priorities for research, innovation and deployment of clean energy technologies.

2. The SET Plan shall identify the energy technologies which are of strategic importance for the Union, taking into account their contribution to the Union’s climate-neutrality objectives as well as to the Union’s industrial competitiveness, and which require research and innovation activities to reach the maturity needed for full-scale deployment.

3. The SET Plan Board referred to in Article 26c shall be responsible for the implementation of the SET Plan. For the purposes of the implementation of the SET Plan, the Commission shall adopt the list of technologies identified in the SET Plan by means of an implementing act in accordance with the examination procedure referred to in Article 34(3).

4. Under the authority of the SET Plan Board and with deep involvement of the relevant sectors, including the research sector, research and innovation agendas shall be developed for each of the energy technologies identified in the SET Plan. Those agendas shall be the basis for coordination between the Union and the Member States regarding funding for the activities identified in the agenda as well as regarding the technology infrastructures needed for those technologies. Those agendas shall be endorsed by the SET Plan Board.

5. The Commission shall report annually to the Council and the European Parliament on the progress of the SET Plan. The SET Plan shall be reviewed and if necessary revised within 18 months after each election of the European Parliament.