What changed between the draft committee report and the plenary report

Added:4a. Contracting authorities shall apply the following prequalification conditions for procurement procedures under this Article:

Added:(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;

Added:(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;

Added:(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.

Added:Where 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.

Added:4 b. 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.

Added:1. 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.

Added:2. 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.

Added:3. 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.

Added:Member 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.

Added:3a. Authorities shall apply the following prequalification conditions for auctions under this Article:

Added:(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;

Added:(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;

Added:(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.

Added:Where 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).

Added:1. 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:

Added:(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;

Added:(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);

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

Added:2. 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 later than two years after the date of entry into force. 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.

Added:Pre-commercial procurement and public procurement of innovative commercial solutions

Added:1. 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.

Added:2. 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.

Added:1. 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), by providing additional proportionate financial compensation.

Added:2. 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%.

Added:3. 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.

Added:4. 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.

Added:1. 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.

Added:1a. 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.

Added:2. 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.

Added:3. 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.

Added:1. 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:

Added:(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, on raw materials, 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;

Added:(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;

Added:(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;

Added:(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;

Added:(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 , including SMEs, start-ups and social enterprises, social partners, and by training trainers;;

Added:(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;

Added:(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;

Added:(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.

Added:2. European Net-Zero Industry Academies shall counter gender stereotypes and shall promote equal access to learning contents for all, paying particular attention to the need to activate more women and young people, in particular those who are not in education, employment or training(NEETs), older people, workers in professions which are at risk of disappearing or the content and tasks of which are being highly transformed by new technologies and people working in regions in transition. The European Net-Zero Industry Academies shall promote diversity and inclusivity of people with disability, migrants and people in vulnerable situations. .

Added:Article23a

Added:Establishment and governance of the European Net-Zero Industry Academies

Added: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.

Added: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.

Added: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.

Added: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.

Added: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.

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

Added: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.

Added: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.

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

Added: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.

Added:Regulated professions in Net Zero Industries and recognition of professional qualifications

Added: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.

Added: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.

Added: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.

Added: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:

Added:(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;

Added:(2) monitor the activity of the European Net-Zero Industry Academies 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;