Changes from report parliamentary committee draft to plenary report

Added(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;

Added(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;

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

Added(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;

Added(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;

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

Added(7) facilitate closer coordination and the exchange of best practices 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.

Added-1. By ... [3 months from the date of entry into force of this Regulation], Member States shall designate or establish a single national competent authority which is to be responsible for the net-zero regulatory sandboxes. That authority shall be the sole contact point for any grouping of organisations willing to request the establishment of a net-zero regulatory sandbox pursuant to this Article.

Added1. Member States and where appropriate together with local and regional authorities and other Member States, may at their own initiative establish net-zero regulatory sandboxes, allowing for the development, testing and validation of innovative net-zero technologies and other innovative technologies, in a controlled real-world environment for a limited time before their placement on the market or putting into service, thus enhancing regulatory learning and potential scaling up and wider deployment. Member States shall establish net-zero regulatory sandboxes in close collaboration with industry and research institutes, and where relevant social partners and civil society, in accordance with paragraph 1 at the request of any company developing innovative net-zero technologies and other innovative technologies, which fulfils the eligibility and selection criteria referred to in paragraph 4(a) and which has been selected by the competent authorities following the selection procedure referred to in paragraph 4(b).

Added2. 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). 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:

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

Added(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;

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

Added3. 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.

Added4. 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.

Added5. 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.

Added6. 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.

Added7. The duration of the net-zero regulatory sandbox may be extended through the same procedure upon agreement of the national competent authority.

Added8. 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.

AddedInnovation for competitiveness and decarbonisation

AddedThe 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.

AddedInnovation Principle

AddedWithout 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.

AddedSET Plan Board

Added1. 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.

Added2. 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.

Added3. 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.

Added4. On a proposal by the Commission, the SET Plan Board shall adopt its rules of procedure by a simple majority of its members.

Added5. 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.

Added6. The Commission shall assist the SET Plan Board by means of an executive secretariat that provides technical and logistic support.

Added7. The SET Plan Board may establish standing or temporary sub-groups dealing with specific questions and tasks.

Added8. 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.

Added9. 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.

Added10. The SET Plan Board shall take the necessary measures to ensure the safe handling and processing of confidential and commercially sensitive information.

Added11. The SET Plan Board shall use its best endeavours to reach consensus.

AddedStrategic Energy Technology Plan

Added1. 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.

Added2. 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.

Added3. 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).

Added4. 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.

Added5. 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.

Added1. Member States shall undertake the following actions:

Added(a) provide SMEs with priority access to the Innovative Net-zero regulatory sandboxes to the extent that they fulfil the eligibility conditions set in Article 26;

Added(b) organise awareness raising activities about participation to the regulatory sandboxes by SMEs;

Added(c) where appropriate, establish a dedicated channel for communication with SMEs to provide guidance and respond to queries about the implementation of Article 26.

Added2. Member States shall take into account the specific interests and needs of 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.

Added2a. This Article shall apply to start-ups.

Added1. The Net-Zero Europe Platform (‘the Platform’) is hereby established.

Added2. The Platform shall perform the tasks set out in this Regulation.

Added3. The Platform may advise and assist the Commission and Member States in relation to their actions to reach the objectives set out of this Regulation, taking into account Member States’ national energy and climate plans submitted under Regulation (EU) 2018/1999.

Added4. The Commission and Member States shall coordinate within the Platform ▌and also with relevant third countries to help promote the adoption of net-zero technologies globally, to collaborate in the development of net-zero innovative technologies and to support the role of Union industrial capabilities in paving the way for the global clean energy transition, in line with the overall objectives of this Regulation stemming from Article 1 of this Regulation. The Platform shall:

Added(a) discuss with and, where necessary, recommend to the Commission and Member States, ways to improve and promote cooperation, knowhow and technology sharing along the net-zero value chain between the Union and third countries;

Added(aa) discuss with and, where necessary, recommend to the Commission, ways to ensure articulation and alignment of this regulation with other Union initiatives or temporary schemes falling under the Green Deal Industrial Plan;

Added(ab) monitor progress on value chains for net-zero technologies, track technological and industrial changes, and identify future emerging strategic value chains;

Added(ac) monitor the timely notification of State aid by Member States and its authorisation by the Commission;

Added(ad) monitor requests for access to grants through Union funds and programmes for purposes related to this Regulation and, where necessary, issue recommendations to coordinate, accelerate and facilitate the procedure;

Added(ae) assess investment and funding needs, provide guidance on skills development, and discuss best practices with regard to the implementation of Section I of Chapter II as well as to Articles 12 and 13 and accelerating the permitting deadlines;

Added(b) discuss with and, where necessary, recommend to the Commission, how to address non-tariff barriers to trade, such as through mutual recognition of conformity assessment or commitments to avoid export restrictions;

Added(c) recommend to the Commission which third countries should be prioritised for the conclusion of Net-Zero Industrial Partnerships, taking into account the following:

Added(i) the potential contribution to security of supply, taking into account their manufacturing capacity of net-zero technologies;