Changes from adopted text to adopted text

RemovedWhere a net-zero technology is not the main object of the contract but only part of it and the estimated value of the relevant part of the contract is above the thresholds set out in Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, contracting authorities or contracting entities shall do one of the following:

Removed(a) separate the net-zero technology part into dedicated lot or lots;

Removed(b) prepare a separate contract or contracts for the net-zero technology part; or

Removed(c) impose on the main contractor an obligation of competitive subcontracting for the supply of the respective net-zero technology products applying Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, as appropriate, and this Article.

Removed2. The tender’s environmental and social sustainability ▌contribution shall be based on the following cumulative criteria which shall be objective, transparent and non-discriminatory:

Removed(a) environmental sustainability going beyond the minimum requirements in applicable legislation;

Removed(b) where an innovative solution needs to be developed, the impact and the quality of the implementation plan, including risk management measures;

Removed(c) where applicable, the tender’s contribution to the energy system integration;

Removed(d) the tender’s contribution to decent wages and working conditions, including where relevant the offering of apprenticeships as well as well-defined objectives in terms of skilling, reskilling and upskilling, to increase the attractiveness of employment in net-zero industry sectors.

Removed2a. The tender’s resilience contribution shall be based on the following cumulative criteria, which shall be objective, transparent and non-discriminatory:

Removed(a) where applicable, the tender’s contribution to the energy security of the Union;

Removed(b) the tender’s contribution to the resilience of the Union, taking into account the security of supplies by considering the proportion of the products originating from a single source of supply, as determined in accordance with Regulation (EU) No 952/2013. The supply shall be deemed insufficiently secured where a single source supplied, in the last year for which data is available, more than 50% of the total demand within the Union for a specific net-zero technology or the components primarily used for the production of these technologies;

Removed(c) where applicable, contribution to innovation by providing entirely new solutions or improving comparable state-of-the-art solutions.

Removed3. Contracting authorities and contracting entities shall give the ▌sustainability and resilience contribution a weight of at least 30% of the award criteria for the net-zero technology part of a tender, taking into account both the sustainability and the resilience contribution in a balanced way.

RemovedFor the implementation of the criteria referred to in paragraph 2a of this Article, the contracting authorities or contracting entities refer to the latest data entered in the list referred to in Article 22(2) of this Regulation, and the origin of supply shall be determined in accordance with Regulation (EU) No 952/2013..

Removed4. 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%, compared to a tender without the sustainability and resilience contribution.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.

RemovedThe Net-Zero Europe Platform may issue recommendations to the contracting authorities and entities across the Union regarding appropriate higher thresholds for defining disproportionate costs in light of the market circumstances for specific net-zero technologies.

RemovedMember States may adjust their overall budgets allocated to public procurement procedures as well as the related maximum bid levels in order to accommodate the implementation of non-price criteria.

Removed4a. Contracting authorities shall apply the following prequalification conditions for procurement procedures under this Article:

Removed(a) no more than 50% of the net-zero technology part of the tender, measured in financial value of the equipment as determined in accordance with Regulation (EU) No 952/2013, shall originate from third countries which are not signatories of the GPA;

Removed(b) all equipment supplied under the net-zero technology part of the tender shall be certified in terms of cyber security insofar as a Union or national cyber security certification framework exists for the equipment;

Removed(c) economic operators supplying the net-zero technology part of the tender shall not be subject to an IPI measure as defined in the Regulation (EU) 2022/1031, in particular Articles 6 and 8 thereof.

RemovedWhere the application of those prequalification conditions in a procurement procedure results in no suitable offers, the contracting authority may restart the procedure without the application of the prequalification conditions of points (a) and (c) of this paragraph.

Removed4b. A Member State shall not discriminate against, or subject to unjustified different treatment, a provider or net-zero products from another Member State, based on sustainability and resilience criteria.

Removed1. Without prejudice to Article 4 of Directive (EU) 2018/2001 of the European Parliament and of the Council and Articles 107 and 108 TFEU, and Union’s international commitments including the GPA and other international agreements by which the Union is bound, 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 assess the sustainability and resilience contribution as referred to in Article 19(2) and (2a) of this Regulation when designing the criteria used for ranking bids in the framework of auctions, the aim of which is to support the production or consumption of energy from renewable sources as defined in Article 2, point (1) of Directive (EU) 2018/2001. This shall not preclude thoses entities from using other non-price criteria.

Removed2. The sustainability and resilience contribution shall be given a weight between 35% and 50% of the award criteria, taking into account both the sustainability and the resilience contribution in a balanced way, without prejudice to the possibility to give a higher weighting to the criteria in Article 19(2), points (a) and (b), where applicable under Union legislation, and of any limit for non-price criteria set under State aid rules. When selecting, designing and implementing the concrete non-price criteria as part of the sustainability and resilience contribution, technology-specific characteristics shall be taken into account and effectively addressed.

Removed3. The 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 not be obliged to apply the considerations relating to the sustainability and resilience contribution of net-zero technologies where their application would oblige those entities to acquire equipment having disproportionate costs ▌. Cost differences above 10% may be presumed by contracting authorities and contracting entities to be disproportionate when the costs of the support offered by the public sector for the project would be more than 15% higher, compared to a procedure without the sustainability and resilience contributions. This paragraph shall be without prejudice to the prerogative of contracting authorities to formulate technical specifications in accordance with Article 42 of Directive 2014/24 in order to ensure the application of this paragraph does not lead to the procurement of incompatible equipment requiring unreasonably high costs to ensure the compatibility with the existing equipment.

RemovedMember States may adjust their overall budgets allocated to renewable energy auctions as well as the related maximum bid levels in order to accommodate the implementation of non-price criteria.

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

Removed3a. Authorities shall apply the following prequalification conditions for auctions under this Article:

Removed(a) no more than 50% of the net-zero technology part of the tender, measured in financial value of the equipment as determined in accordance with Regulation (EU) No 952/2013, shall originate from third countries which are not signatories of the GPA;

Removed(b) all equipment supplied under the net-zero technology part of the tender shall be certified in terms of cyber security insofar as a European or national cyber security certification framework exists for the equipment;

Removed(c) economic operators supplying the net-zero technology part of the tender shall not be subject to an IPI measure as defined in the Regulation (EU) 2022/1031, in particular Articles 6 and 8 thereof.

RemovedWhere the application of those prequalification conditions in an auction results in no suitable bids, the contracting authority may restart the auction without the application of the prequalification conditions of points (a) and (c).

RemovedCommission guidance

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:

Removed(a) a catalogue of concrete and technology-specific potential non-price criteria for renewable energy auctions, which shall differentiate between non-price criteria suitable for competitive bidding processes and non-price criteria suitable as prequalification requirements in renewable energy auctions;

Removed(b) a methodology on how to assess a tender’s contribution to environmental and social sustainability and resilience referred to in Article 19(2), points (a) and (d);

Removed(c) a methodology on how to assess the cost differences referred to in Article 20(3).

Removed2. 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 by ... [two years after the date of entry into 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.

RemovedPre-commercial procurement and public procurement of innovative commercial solutions

Removed1. Member States shall seek to use pre-commercial procurement for pre-commercial innovative net-zero technologies and public procurement of commercial innovative net-zero technologies within the framework of the implementation of their National Energy and Climate Plans. Pre-commercial procurement and public procurement may be topped up with Union-level funding within the framework of existing Union Programmes for joint pre-commercial procurement or public procurement across Member States.

Removed2. NECPs, NECP-updates and NECP progress reports shall detail the timing of the PCPs and PPIs and their objectives. The Net-Zero Europe Platform shall prepare recommendations on the design of pre-commercial procurement or public procurement.

Removed1. 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) of this Regulation, by providing additional proportionate financial compensation.

Removed2. The additional financial compensation granted by authorities in accordance with paragraph 1, due to the application of the criteria referred to in Article 19(2), points (b), (c) and (d) and Article 19(2a) shall not exceed 5 % of the cost of the net-zero technology final product for the consumer, except for schemes targeting citizens living in energy poverty for which the limit shall be 15%.

Removed3. When designing and implementing a scheme falling under paragraph 1, the authority shall base itself on an open, non-discriminatory and transparent process to assess the resilience and sustainability contribution of available products on the market. Any net-zero technology final product shall be entitled to apply to join the scheme at any time. The authority shall specify a pass mark for products to be eligible to the additional financial compensation under the support scheme.

Removed4. Member States shall publish on a single free access website all information relating to schemes pursuant to Article 21(1) for each relevant net-zero technology product.

Removed1. 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, 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.

Removed1a. In the case of a conflict between the different award and sustainability criteria set under other Union legal acts, the Commission shall provide guidance on how those provisions coexist. The Commission shall review and, where necessary, update its guidance every six months.

Removed2. The Commission shall make available and regularly update a list of all of the net-zero technology final products listed in Article 3, broken down by the share of Union supply originating in different third countries in the last year for which data is available. The Commission and the Net-Zero Europe Platform shall consult industrial stakeholders’ associations and industrial players to this end.

Removed3. The Net-Zero Europe Platform shall discuss measures carried out by Member States to implement Articles 19 and 21 and exchange best practices, inter alia, as concerns the practical use of criteria defining the sustainability and resilience contribution in public procurement, or schemes incentivising the purchase of net-zero technology final products.

Removed1. Based on a mapping excercise and referred to in Article 23a, the Commission shall support, including through the provision of seed-funding, the establishment of European Net Zero Industry Academies as a network of experts in net-zero technologies, which have as their objectives to:

Removed(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 and, on raw 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;

Removed(aa) ensure that the learning programmes developed facilitate the acquisition and strengthening of transversal competences, beyond skills that are specific to a particular technology or a particular sector, to facilitate the adaptation from one industry to another, allowing learners to be mobile and adaptable to the ever-changing situation on the labour market and beyond;

Removed(ab) ensure that the learning programmes contain relevant and accessible up-to-date information and training on health and safety issues as well as relevant information on workers' rights and working conditions;

Removed(ac) aim to enable the training and education of 100 000 learners per Academy, within three years of their establishment by encouraging professional lifelong learning and upskilling or reskilling, including through apprenticeships, mentoring programmes as well as short and long duration training programmes;

Removed(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;;

Removed(ba) develop mechanisms to ensure the quality of the training offered by education and training providers in the Member States and, where applicable, in countries associated with Union research and innovation programmes, such as Horizon Europe and Digital Europe, based on learning programmes, content and materials of the European Net-Zero Industry Academies;

Removed(bb) contribute to the long-term objective of simultaneously reindustrialising and decarbonising the Union as well as contributing to its open strategic autonomy and address the need for Union-made net-zero technologies and skilled workers;

Removed(c) develop and deploy credentials, including micro-credentials, to facilitate the recognition of skills acquired, to enhance the transferability between jobs and industries, to facilitate the cross-border mobility of the workforce, and to promote matching with relevant quality jobs through tools such as the European Employment Services (EURES) network and EURAXESS.