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report parliamentary committee draft, 11 September 2026

On the proposal for a regulation of the European Parliament and of the Council establishing a framework of measures for the acceleration of industrial capacity and decarbonisation in strategic sectors and amending Regulations (EU) 2018/1724, (EU) 2024/1735 and (EU) 2024/3110

Document CJ80-PR-792067 · (COM(2026)0100 – C100067/2026 – 2026/0068(COD))

Committee on International Trade Committee on Industry, Research and Energy Committee on the Internal Market and Consumer Protection · Rapporteur: Anna Cavazzini, Christophe Grudler, Pierre Jouvet

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Draft european parliament legislative resolution 1,469 paragraphs

(COM(2026)0100 – C100067/2026 – 2026/0068(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–having regard to the Commission proposal to Parliament and the Council (COM(2026)0100),

–having regard to Article 294(2), Article 114 and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100067/2026),

–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–having regard to Rule 60 of its Rules of Procedure,

–having regard to the joint deliberations of the Committee on International Trade, the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection under Rule 59 of the Rules of Procedure,

–having regard to the report of the Committee on International Trade, the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A100000/2026),

1.Adopts its position at first reading hereinafter set out;

2.Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Read the rest (1,457 paragraphs)

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the CommissionAmendment
(1) The global COVID-19 pandemic, Russia’s illegal and unprovoked war of aggression against Ukraine, hostile economic actions, cyberattacks, foreign interference, the weaponisation of Union economic dependencies, arbitrary deployment of trade measures, the increasing effects of climate change and rising geopolitical tensions have exposed the Union’s vulnerabilities and pose a serious threat to the Union’s societies, economies, and undertakings. The Union’s economic security is therefore inextricably linked to its capacity to strengthen resilience and mitigate risks arising from hostile economic interconnections. The Union is committed to protecting its economic security and addressing threats to its supply chains, infrastructure, key technologies and threats coming from the weaponisation of its economic dependencies3 . The Union’s economic security and social cohesion are inextricably linked to its capacity to strengthen its resilience and mitigate the risks arising from economic interconnections. That requires the strengthening of the resilience of its supply chains and the safeguarding of its internal market and industrial capacity, while maintaining territorial, social and economic cohesion, including by fostering a strong and competitive industrial base in selected strategic sectors, such as clean and digital technologies, energy-intensive industries and the automotive sector, to secure access to strategic materials and technologies and retain high-quality jobs in the Union.(1) The global COVID-19 pandemic, Russia’s illegal and unprovoked war of aggression against Ukraine, hostile economic actions, cyberattacks, foreign interference, the weaponisation of Union economic dependencies, arbitrary deployment of trade measures, excessive overcapacities and systemic market distortions, the increasing effects of climate change and rising geopolitical tensions have exposed the Union’s vulnerabilities and pose a serious threat to the Union’s societies, economies, and undertakings. The Union’s economic security is therefore inextricably linked to its capacity to strengthen resilience and mitigate risks arising from hostile economic interconnections. The Union is committed to protecting its economic security and addressing threats to its supply chains, infrastructure, key technologies and threats coming from the above-mentioned risks3 . The Union’s economic security and social cohesion are inextricably linked to its capacity to strengthen its resilience and mitigate the risks arising from economic interconnections. That requires the strengthening of the resilience of its supply chains and the safeguarding of its internal market and industrial capacity, while maintaining territorial, social and economic cohesion, including by fostering a strong and competitive industrial base in selected strategic sectors, such as clean technologies, energy-intensive industries and the automotive sector, to secure access to strategic materials and technologies and retain high-quality jobs in the Union.
3 https://www.consilium.europa.eu/en/policies/european-economic-security/3 https://www.consilium.europa.eu/en/policies/european-economic-security/

Or. en

Amendment 2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the CommissionAmendment
(1a) Resilience is the ability to undergo transitions in a sustainable, fair and democratic manner. The current situation characterised by overcapacities, systemic market distortions and weaponisation of dependencies risks undermining the resilience of the Union. In this context, strategic dependencies affect the Union's core interests such as security, safety, health and the green and digital transition, with considerable risks for the Union’s public morals.

Or. en

Amendment 3

Proposal for a regulation

Recital 2

Text proposed by the CommissionAmendment
(2) The European Economic Security Strategy4 , and the Economic Security Communication of 3 December 20255 clearly set the Union’s pathway towards addressing geo-economic tensions and technological shifts to avoid economic dependencies in critical industrial supply chains, technologies and infrastructures which can lead to local shortages and threaten the Union’s competitiveness, economy and ultimately its social cohesion.(2) The European Economic Security Strategy4 , and the Economic Security Communication of 3 December 20255 clearly set the Union’s pathway towards addressing geo-economic tensions and technological shifts to avoid economic dependencies in critical industrial supply chains, technologies and infrastructures which can lead to local shortages and threaten the Union’s competitiveness, sovereignty, economy and ultimately its social cohesion.
4 Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy” (JOIN/2023/20 final).4 Joint Communication to the European Parliament, the European Council and the Council on “European Economic Security Strategy” (JOIN/2023/20 final).
5 Joint Communication to the European Parliament and the Council on Strengthening EU economic security (JOIN(2025)977 final).5 Joint Communication to the European Parliament and the Council on Strengthening EU economic security (JOIN(2025)977 final).

Or. en

Amendment 4

Proposal for a regulation

Recital 3

Text proposed by the CommissionAmendment
(3) Despite the Union’s objectives of economic security, resilience, quality jobs and climate neutrality, manufacturing capacity has decreased over the last 20 years. The share of manufacturing in total GDP has declined from 17.4% to 14.3% between 2000 and 2024. It is therefore necessary to strengthen economic resilience, competitiveness and job creation, while also ensuring that the Union’s climate and energy targets are met. The Union’s manufacturing capacity should aim to account for at least 20% of the Union’s gross domestic product by 2035. The development of industrial manufacturing projects within the Union should be facilitated to contribute to that objective.(3) Despite the Union’s objectives of economic security, resilience, quality jobs and climate neutrality, manufacturing capacity has decreased over the last 20 years. The share of manufacturing in total GDP has declined from 17.4% to 14.3% between 2000 and 2024. In line with the Clean Industrial Deal of 26 February 2025, it is therefore necessary to strengthen economic resilience, competitiveness and job creation, while also ensuring that the Union’s climate and energy targets are met. The Union’s manufacturing capacity should aim to account for at least 20% of the Union’s gross domestic product by 2035 with a special focus on strategic sectors. The development of industrial manufacturing projects within the Union should be facilitated to contribute to that objective. This objective is a growth objective for the Union’s industrial value chains and should not be understood as a reallocation objective at the expense of other sectors of the Union economy which remain essential to the Union's economic dynamism, its social model and its territorial cohesion.

Or. en

Amendment 5

Proposal for a regulation

Recital 5 a (new)

Text proposed by the CommissionAmendment
(5a) The strategic sectors covered by this Regulation constitute key value chains the development of which within the Union is necessary to reduce excessive strategic dependencies, reinforce the functioning and the resilience of the internal market and preserve the Union’s industrial capacity in an increasingly global environment characterised by the above-mentioned challenges.

Or. en

Amendment 6

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(7) Net-zero technologies are pivotal to achieving the Union’s energy and climate targets. They play a crucial role in reducing greenhouse gas emissions and enabling the decarbonisation of a wide range of economic sectors, including building, transport and the industry. They are also key in advancing sustainable energy solutions, by enabling the decarbonisation of the energy supply and providing innovative solutions to enable the needed expansion and digitalisation of electricity grids and the energy system as a whole. However, the Union’s net-zero technology manufacturing sector faces significant challenges, including increasing global competitive pressures and supply chain vulnerabilities which endangers the Union’s competitiveness and economic resilience.(7) Net-zero technologies are pivotal to achieving the Union’s energy security, energy and climate targets and transitions. They play a crucial role in reducing greenhouse gas emissions and enabling the decarbonisation of a wide range of economic sectors, including building, transport and the industry. They are also key in advancing sustainable energy solutions, by enabling the decarbonisation of the energy supply and providing innovative solutions to enable the needed expansion and digitalisation of electricity grids and the energy system as a whole. However, the Union’s net-zero technology manufacturing sector faces significant challenges, including increasing global competitive and unfair pressures, systemic market distortions and supply chain vulnerabilities which endangers the Union’s competitiveness and economic resilience.

Or. en

Amendment 7

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(9) The automotive industry is a cornerstone of the Union economy. With a view to delivering on the Union’s climate policy objectives, over the past years, the European automotive industry has been investing heavily in the development of cleaner vehicles and innovative components. Electric vehicles and electric vehicle components, including traction batteries, e-powertrain components and electronic systems, are essential technologies for advancing the decarbonisation of road transport. However, as a result of costs disadvantage and the transformation of the value chain with an increasing value share for batteries, e-powertrain and electronics, the level of Union content in vehicles produced in the Union is decreasing. It is no longer possible to postpone effective measures to avoid the risk of local production being displaced. In the absence of such measures, the current circumstances would lead to a full reliance on third countries for key vehicle components. That would be a serious threat to the Union’s economic security and future resilience, as well as for its climate goals.(9) The automotive industry is a cornerstone of the Union economy and a major source of skilled industrial employment. With a view to delivering on the Union’s climate policy objectives, over the past years, the European automotive industry has been investing heavily in the development of cleaner vehicles and innovative components. Electric vehicles and electric vehicle components, including traction batteries, e-powertrain components and electronic systems, are essential technologies for advancing the decarbonisation of road transport. However, the sector is currently facing a severe structural crisis, marked by significant job losses across the Union and by the closure or restructuring of manufacturing sites in several Member States. This crisis is aggravated by costs disadvantage and the transformation of the value chain with an increasing value share for batteries, e-powertrain and electronics, resulting in a decreasing level of Union content in vehicles produced in the Union. It is no longer possible to postpone effective measures to avoid the risk of local production being displaced. In line with other Union policies, dedicated demand-side measures supporting zero-emission vehicles and their components originating in the Union are essential to strengthen Union automotive value chains, halt further job losses and reduce the Union’s growing dependence on third countries for key vehicle components. Without such measures, the Union risks further loss of industrial capacity and full reliance on third countries, undermining its economic security, resilience and climate goals.

Or. en

Amendment 8

Proposal for a regulation

Recital 9 a (new)

Text proposed by the CommissionAmendment
(9a) Activities relating to the recovery of materials produce secondary raw materials that are used both upstream and downstream across the value chains of the energy-intensive industries, of the automotive sector and of net-zero technologies. Recycled steel scrap contributes directly to the decarbonisation of the Union's steel industry, recycled aluminium is essential to the aluminium value chain, and recycled critical raw materials play a growing role in the manufacturing of batteries, motors and net-zero technology components. Activities relating to the recovery of materials are therefore of strategic importance for the resilience of Union industrial supply chains, for the achievement of the Union's circular economy objectives, and for the reduction of industrial greenhouse gas emissions. The definition of low-carbon products under this Regulation should fully recognise the contribution of recycled materials to decarbonisation objectives, including through taking into accounted the avoidance of greenhouse gas emissions associated with the use of secondary raw materials in production processes.

Or. en

Amendment 9

Proposal for a regulation

Recital 9 b (new)

Text proposed by the CommissionAmendment
(9b) The maritime manufacturing industry, encompassing shipyards and maritime equipment manufacturers, constitutes a strategic pillar of the Union's industrial base. The global shipbuilding market is characterised by strong state-backed and distortive competition from third countries, whose competitors benefit from public financing schemes, systematic local content requirements and coordinated industrial policies. These practices place European shipbuilders and maritime equipment manufacturers at a structural competitive disadvantage. Without sufficient shipbuilding activity in Europe, equipment manufacturers will gradually lose industrial capacity, innovation capabilities and skilled workforce, thereby weakening the resilience of the entire European maritime value chain.

Or. en

Amendment 10

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) The implementation of single access points should be based on the European Business Wallets established pursuant to [Proposal for a Regulation on the establishment of European Business Wallets8 ], as they provide a secure, standardised, and interoperable platform for businesses to interact with public sector bodies. This should enable the efficient and effective submission of applications, while ensuring a high level of data protection, cybersecurity, and integrity of information. The European Business Wallets will also enable the streamlining of investments that were made and the avoidance of unnecessary duplications, allowing for the optimisation of resources and the reduction of administrative burdens for businesses. The implementation of single access points should also, to the extent possible, use existing Union digital infrastructures, catalogues and building blocks, including those developed under the Once-Only Technical System and its implementing acts. This would promote complementarity, interoperability and the efficient use of public resources, while avoiding duplication of existing digital solutions.(11) The implementation of single digital access points should be based on the European Business Wallets established pursuant to [Proposal for a Regulation on the establishment of European Business Wallets8 ], as they provide a secure, standardised, and interoperable platform for businesses to interact with public sector bodies. This should enable the efficient and effective submission of applications, while ensuring a high level of data protection, cybersecurity, and integrity of information. The European Business Wallets will also enable the streamlining of investments that were made and the avoidance of unnecessary duplications, allowing for the optimisation of resources and the reduction of administrative burdens for businesses. The implementation of single digital access points should also, to the extent possible, use existing Union digital infrastructures, catalogues and building blocks, including those developed under the Once-Only Technical System and its implementing acts. This would promote complementarity, interoperability and the efficient use of public resources, while avoiding duplication of existing digital solutions.
8 Proposal for a Regulation of the European Parliament and of the Council on the establishment of European Business Wallets (COM/2025/838 final).8 Proposal for a Regulation of the European Parliament and of the Council on the establishment of European Business Wallets (COM/2025/838 final).

Or. en

Amendment 11

Proposal for a regulation

Recital 11 a (new)

Text proposed by the CommissionAmendment
(11a) Small and medium-sized enterprises and small mid-cap enterprises often face proportionately higher administrative burdens and greater difficulties in navigating complex permitting procedures. The implementation of streamlined procedures should therefore take into account their specific needs and facilitate their effective participation in industrial manufacturing projects and strategic industrial value chains.

Or. en

Amendment 12

Proposal for a regulation

Recital 12

Text proposed by the CommissionAmendment
(12) In order to ensure streamlined and simplified permit-granting procedures, a single application covering all necessary permits should be provided for all industrial manufacturing projects except for the manufacturing sector under the C12 code. It should not apply where specific permit-granting or licensing procedures or requirements are established in Union harmonisation legislation for industrial manufacturing projects, such as pursuant to Regulations (EU) 2024/17359 and (EU) 2024/125210 of the European Parliament and of the Council. Sectorial Union legislation governing medicines and medical devices has recently undergone or is undergoing further streamlining of harmonised rules and timelines for authorisations and certifications, with options to speed up the process if necessary. Those rules should therefore not be considered permit-granting procedures within the context of this initiative.(12) In order to ensure streamlined and simplified permit-granting procedures, a single application covering all necessary permits should be provided for all industrial manufacturing projects except for the manufacturing sector under the C12 code. It should not apply where specific permit-granting or licensing procedures or requirements are established in Union harmonisation legislation for industrial manufacturing projects, such as pursuant to Regulations (EU) 2024/17359 and (EU) 2024/125210 of the European Parliament and of the Council. Sectorial Union legislation governing medicines and medical devices has recently undergone or is undergoing further streamlining of harmonised rules and timelines for authorisations and certifications, with options to speed up the process if necessary. Those rules should therefore not be considered permit-granting procedures within the context of this initiative. Member States should also establish or designate single points of contact at the relevant administrative level to coordinate the permit-granting procedure
9 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj).9 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1735/oj).
10 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).10 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024 establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L, 2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj).

Or. en

Amendment 13

Proposal for a regulation

Recital 13

Text proposed by the CommissionAmendment
(13) Regulation (EU) [202X/XX] of […]11 establishes a common acceleration framework for environmental assessments in order to boost the Union’s roll out of key technologies, reduce dependencies and strengthen competitiveness. Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy while maintaining high levels of protection of human health and of the environment. Some sectors may, however, require yet faster environmental assessments. Therefore, and in order to safeguard the coherence of the legal framework of environmental assessments, while allowing for the additional needs for acceleration in certain strategic sectors, Regulation (EU) [202X/XX] establishes a dedicated toolbox that should therefore be used in the context of this Regulation. Given their essential role in ensuring the achievement of the Union’s climate objectives, and their contribution to the Union’s resilience and economic security, energy-intensive industry decarbonisation projects, industrial manufacturing projects located in industrial manufacturing acceleration areas, and net-zero technology projects should be considered strategic projects within the meaning of Regulation (EU) [202X/XX] and therefore benefit from the dedicated toolbox established under that Regulation.(13) Regulation (EU) [202X/XX] of […]11 establishes a common acceleration framework for environmental assessments in order to boost the Union’s roll out of key technologies, reduce dependencies and strengthen competitiveness. Procedures linked to environmental assessments should be accelerated and streamlined for plans, programmes and projects across all sectors of the economy while maintaining high levels of protection of human health and of the environment. Some sectors may, however, require yet faster environmental assessments. Therefore, and in order to safeguard the coherence of the legal framework of environmental assessments, while allowing for the additional needs for acceleration in certain strategic sectors, Regulation (EU) [202X/XX] establishes a dedicated toolbox that should therefore be used in the context of this Regulation. Given their essential role in ensuring the achievement of the Union’s climate objectives, and their contribution to the Union’s resilience and economic security, energy-intensive industry decarbonisation projects, industrial manufacturing projects located in industrial manufacturing acceleration areas, when they contribute to the decarbonisation of a sector, to the deployment of low carbon processes or to the improvement of resource efficiency and circularity, and net-zero technology projects should be considered strategic projects within the meaning of Regulation (EU) [202X/XX] and therefore benefit from the dedicated toolbox established under that Regulation.
11 Proposal for a Regulation of the European Parliament and of the Council on speeding-up environmental assessments (COM/2025/984 final, 10.12.2025).11 Proposal for a Regulation of the European Parliament and of the Council on speeding-up environmental assessments (COM/2025/984 final, 10.12.2025).

Or. en

Amendment 14

Proposal for a regulation

Recital 15

Text proposed by the CommissionAmendment
(15) The Union should adopt a more strategic approach in leveraging its economic weight and the value of access to its internal market. In that context, the strategic use of public intervention is essential to prevent critical dependencies in the Union. Public procurement amounts to 15% of the Union’s GDP. Contracting authorities and entities should therefore, where appropriate, ensure that public procurement requirements foster economic security and resilience of supply chains. Public support schemes also play an important role in stimulating demand in downstream sectors that account for a significant share of demand for certain strategic products and technologies. Such schemes should therefore favour beneficiaries that make a greater contribution to strengthening the Union’s resilience and advancing its decarbonisation objectives. Auctions are crucial for the deployment of net-zero technologies and should be designed to foster demand for such technologies including components originating from the Union.(15) The Union should adopt a more strategic approach in leveraging its economic weight and the value of access to its internal market. In that context, the strategic use of public intervention is essential to prevent critical dependencies in the Union. Public procurement amounts to 15% of the Union’s GDP. Contracting authorities and entities should therefore, where appropriate, ensure that public procurement requirements foster economic security and resilience of supply chains. Public support schemes also play an important role in stimulating demand in downstream sectors that account for a significant share of demand for certain strategic products and technologies. Such schemes should therefore favour beneficiaries that make a greater contribution to strengthening the Union’s resilience and advancing its decarbonisation objectives, while creating, retaining and transitioning into high quality jobs. They should be designed in line with the Clean Industrial Deal State Aid Framework and should be granted on the condition that beneficiaries respect applicable social and labour law obligations, including collective agreements and the fundamental Conventions of the International Labour Organization, and that supported productive capacity and the associated employment are maintained in the Union for at least five years from the date of the final payment. Auctions are crucial for the deployment of net-zero technologies and should be designed to foster demand for such technologies including components originating from the Union.

Or. en

Amendment 15

Proposal for a regulation

Recital 16

Text proposed by the CommissionAmendment
(16) The Union and Member States maintain an open investment environment, as enshrined in the Treaty on the Functioning of the European Union (TFEU) and embedded in their international commitments. This includes commitments under the World Trade Organisation Agreement on Government Procurement (GPA)12 , as well as bilateral trade agreements, to open public procurement procedures and other forms of public intervention. At the same time, the Union retains the right to apply general or security exceptions. The Commission will regularly assess whether the conditions for excluding a third country from the scope of the provisions deeming content originating in third countries to be equivalent to Union origin, are in place, and will take appropriate action. Economic security aims at protecting and strengthening the internal market. Member States cannot rely on economic security to prevent, condition, or otherwise hinder in any way investments coming from other Member States.(16) The Union and Member States maintain an open investment environment, as enshrined in the Treaty on the Functioning of the European Union (TFEU) and embedded in their international commitments. This includes commitments under the World Trade Organisation Agreement on Government Procurement (GPA)12 , as well as bilateral trade agreements, to open public procurement procedures and other forms of public intervention. At the same time, the Union retains the right to apply general or security exceptions. The Commission will regularly assess whether the conditions for including a third country from the scope of the provisions deeming content originating in third countries to be equivalent to Union origin, are in place, and will take appropriate action. Economic security aims at protecting and strengthening the internal market. Member States cannot rely on economic security to prevent, condition, or otherwise hinder in any way investments coming from other Member States.
12 World Trade Organisation (WTO), Agreement on Government Procurement 2012, available at https://www.wto.org/english/docs_e/legal_e/rev-gpr-94_01_e.pdf.12 World Trade Organisation (WTO), Agreement on Government Procurement 2012, available at https://www.wto.org/english/docs_e/legal_e/rev-gpr-94_01_e.pdf.

Or. en

Amendment 16

Proposal for a regulation

Recital 19

Text proposed by the CommissionAmendment
(19) Demand-side measures should focus on establishing low-carbon requirements for steel, cement and aluminium used in buildings, infrastructure and motor vehicles, where appropriate, since those sectors are the most energy-intensive industries. Targeted Union wide demand-side measures can help create lead markets for low-carbon and Union-produced energy-intensive industrial products, supporting decarbonisation while strengthening the Union’s industrial base.(19) Demand-side measures should focus on establishing Union-origin requirements and low-carbon requirements for steel, cement, aluminium and plastics used in buildings, infrastructure and motor vehicles, since those sectors are the most energy-intensive industries. Targeted Union wide demand-side measures can help create lead markets for low-carbon and Union-produced energy-intensive industrial products, supporting decarbonisation while strengthening the Union’s industrial base.

Or. en

Amendment 17

Proposal for a regulation

Recital 20

Text proposed by the CommissionAmendment
(20) Downstream sectors that account for a large share of demand for certain energy-intensive materials, such as the construction and automotive sectors, should be prioritised under this Regulation when establishing low-carbon requirements, Union origin requirements, or both. That is particularly appropriate given that such sectors are significantly subject to public procurement and support schemes, while the share of energy-intensive input in total production value is relatively small and therefore minimises the impact of any price premium.(20) Downstream sectors that account for a large share of demand for certain energy-intensive materials, such as the construction and automotive sectors, should be prioritised under this Regulation when establishing low-carbon requirements and Union origin requirements. That is particularly appropriate given that such sectors are significantly subject to public procurement and support schemes, while the share of energy-intensive input in total production value is relatively small and therefore minimises the impact of any price premium.

Or. en

Amendment 18

Proposal for a regulation

Recital 21

Text proposed by the CommissionAmendment
(21) In order to ensure regulatory consistency with existing Union product legislation, steel, concrete and aluminium in construction should be considered low-carbon in compliance with the requirements set out in the implementing measures adopted pursuant to Regulations (EU) 2024/311013 and (EU) 2024/178114 of the European Parliament and of the Council.(21) In order to ensure regulatory consistency with existing Union product legislation, steel, concrete and aluminium in construction should be considered low-carbon in compliance with the requirements set out in the implementing measures adopted pursuant to Regulations (EU) 2024/311013 and (EU) 2024/178114 of the European Parliament and of the Council. The same approach should apply to plastic products covered by this Regulation, in particular windows, pipes and thermal insulation products. Given that plastics and polymers are not yet included in the first working plan under Regulation (EU) 2024/1781, the ongoing preparatory work of the Joint Research Centre should support their inclusion in a subsequent working plan and in the corresponding delegated acts, in order to establish a timely and operational definition of low-carbon plastics for the purposes of this Regulation.
13 Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011 (OJ L, 2024/3110, 18.12.2024, ELI: http://data.europa.eu/eli/reg/2024/3110/oj).13 Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024 laying down harmonised rules for the marketing of construction products and repealing Regulation (EU) No 305/2011 (OJ L, 2024/3110, 18.12.2024, ELI: http://data.europa.eu/eli/reg/2024/3110/oj).
14 Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L, 2024/1781, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj).14 Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L, 2024/1781, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj).

Or. en

Amendment 19

Proposal for a regulation

Recital 23

Text proposed by the CommissionAmendment
(23) In order to ensure the attainment of the objectives of this Regulation, in particular the creation of lead markets for European low-carbon industrial products, minimum mandatory technical specifications should be provided for low-carbon and Union origin requirements in public procurement procedures Those requirements should apply to the procurement of those products in public supply contracts and in public works, public services contracts and concessions, where those products will be used for activities conducted under those contracts. In compliance with the public procurement framework, those minimum mandatory technical specifications should avoid artificially restricting competition and avoid favouring a specific economic operator. Contracting authorities and contracting entities should conduct the public procurement procedures in compliance with Directives 2014/23/EU20 , 2014/24/EU21 and 2014/25/EU22 of the European Parliament and of the Council and applicable sectoral legislation. The Union origin of products and components should be determined in accordance with the Union customs legislation.(23) In order to ensure the attainment of the objectives of this Regulation, in particular the creation of lead markets for European low-carbon industrial products, minimum mandatory technical specifications should be provided for low-carbon and Union origin requirements in public procurement procedures Those requirements should apply to the procurement of those products in public supply contracts and in public works, public services contracts and concessions, where those products will be used for activities conducted under those contracts. In compliance with the public procurement framework, those minimum mandatory technical specifications should avoid artificially restricting competition and avoid favouring a specific economic operator. Contracting authorities and contracting entities should conduct the public procurement procedures in compliance with Directives 2014/23/EU20 , 2014/24/EU21 and 2014/25/EU22 of the European Parliament and of the Council and applicable sectoral legislation. The Union origin of products and components should be determined in accordance with the Union customs legislation. With a view to reinforcing the social dimension of public procurement and public support, contracting authorities and contracting entities should also exclude economic operators from access to procurement procedures if they do not comply with the applicable obligations in the fields of social and labour law. However, in order to avoid any circumvention of the rules of origin, the Commission should review, based on a proper assessment, the rules of country of origin laid down in Regulation (EU) No 952/2013 of the European Parliament and of the Council, in particular the definition of the last substantial transformation which should include a minimum of 50% of Union added value for the products and components covered by this Regulation.
20 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, pp. 1-64, ELI: http://data.europa.eu/eli/dir/2014/23/oj).20 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, pp. 1-64, ELI: http://data.europa.eu/eli/dir/2014/23/oj).
21 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65, ELI: http://data.europa.eu/eli/dir/2014/24/oj).21 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65, ELI: http://data.europa.eu/eli/dir/2014/24/oj).
22 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).22 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

Or. en

Amendment 20

Proposal for a regulation

Recital 24

Text proposed by the CommissionAmendment
(24) In order to ensure the feasibility of the requirements at reasonable cost and avoid restricting competition, it is necessary to lay down the conditions under which contracting authorities may, on an exceptional basis, decide not to apply the low-carbon and Union origin requirements. Those conditions should cover cases where the application of such requirements would result in technical incompatibilities in the operation or maintenance of a project such as situations where the use of such products would risk compromising the fulfilment of basic requirements for construction works of the building or infrastructure, set out in Regulation (EU) 2024/3110. The requirements laid down in this Regulation should apply exclusively to procurement procedures falling within the scope of Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU, that is, to procedures whose estimated value reaches or exceeds the thresholds set out in those Directives. Accordingly, procurement procedures not covered by those Directives, including those below the applicable thresholds, should not be subject to the requirements established by this Regulation, thereby avoiding disproportionate obligations for low-value procurements carried out by contracting authorities, including at local level.(24) In order to ensure the feasibility of the requirements at reasonable cost and avoid restricting competition, it is necessary to lay down the conditions under which contracting authorities may, on an exceptional and justified basis, decide not to apply the low-carbon and Union origin requirements. Those conditions should cover cases where the application of such requirements would result in technical incompatibilities in the operation or maintenance of a project such as situations where the use of such products would risk compromising the fulfilment of basic requirements for construction works of the building or infrastructure, set out in Regulation (EU) 2024/3110. The requirements laid down in this Regulation should apply exclusively to procurement procedures falling within the scope of Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU, that is, to procedures whose estimated value reaches or exceeds the thresholds set out in those Directives. Accordingly, procurement procedures not covered by those Directives, including those below the applicable thresholds, should not be subject to the requirements established by this Regulation, thereby avoiding disproportionate obligations for low-value procurements carried out by contracting authorities, including at local level.

Or. en

Amendment 21

Proposal for a regulation

Recital 24 a (new)

Text proposed by the CommissionAmendment
(24a) Member States should design public support schemes, in a way that they contribute to the objectives of strengthening the Union’s strategic industrial value chains through the Union-origin requirements and low-carbon content requirements, as well as compliance with applicable social and labour law. When designing such public support schemes, Member States should design public support schemes in a manner that discourages the relocation of manufacturing activities supported outside the territory of the Union. To provide legal certainty and ensure the effective use of public funds, where such relocation nevertheless takes place within five years from the date on which the support is granted, or within three years in the case of SMEs, the support granted should be recovered by the competent authority... Member States should apply these requirements to public support schemes accounting for at least 90% of the total national budget allocated to schemes that benefit households or companies and that primarily aim to support the construction or renovation of buildings for residential and commercial purposes and infrastructure and the lease and purchase of motor vehicles for civil purposes, and accounting for 100% of the total national budget allocated to other forms of public intervention and financial support for corporate vehicles.

Or. en

Amendment 22

Proposal for a regulation

Recital 25

Text proposed by the CommissionAmendment
(25) The Automotive package adopted on 16 December 2025 includes a proposal to amend Regulation (EU) 2019/631 of the European Parliament and of the Council23 to provide, inter alia, for the granting of super-credits for small affordable electric vehicles made in the Union prior to 2035 and amends the 2035 emissions reduction target, with the remaining emissions to be compensated through the use of low-carbon steel made in the Union or renewable and low-carbon fuels. The Automotive package also includes a [proposal for a Regulation on clean corporate vehicles] which limits financial support for corporate vehicles to zero- and low-emissions corporate vehicles ‘made in the European Union’. In order to ensure legal certainty and consistency with Regulation (EU) 2019/631 as amended and the [proposal for a Regulation on clean corporate vehicles], this Regulation should lay down definitions of ‘small affordable electric vehicles made in the Union’, ‘low-carbon steel made in the Union’ and ‘corporate cars and vans made in the European Union’.(25) The Automotive package adopted on 16 December 2025 includes a proposal to amend Regulation (EU) 2019/631 of the European Parliament and of the Council23 to provide, inter alia, for the granting of super-credits for small affordable electric vehicles made in the Union prior to 2035 and amends the 2035 emissions reduction target, with the remaining emissions to be compensated through the use of low-carbon steel made in the Union or renewable and low-carbon fuels. The Automotive package also includes a [proposal for a Regulation on clean corporate vehicles] which limits financial support for corporate vehicles to zero- and low-emissions corporate vehicles ‘made in the European Union’. The measures provided for in the Automotive package and this Regulation are complementary and should be implemented in a coherent manner with a view to strengthening European value chains. In particular, the provisions regarding the 2035 emissions reduction target should go hand in hand with demand-side measures supporting zero-emission vehicles made in the Union, as defined in this Regulation, in order to ensure tangible industrial and employment benefits within the Union. In order to ensure legal certainty and consistency with Regulation (EU) 2019/631 as amended and the [proposal for a Regulation on clean corporate vehicles], this Regulation should lay down definitions of ‘small affordable electric vehicles made in the Union’, ‘low-carbon steel made in the Union’ and ‘corporate cars and vans made in the European Union’.
23 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13, ELI: http://data.europa.eu/eli/reg/2019/631/oj).23 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13, ELI: http://data.europa.eu/eli/reg/2019/631/oj).

Or. en

Amendment 23

Proposal for a regulation

Recital 26

Text proposed by the CommissionAmendment
(26) In order to simplify procedures and reduce administrative burden, the verification of compliance with the requirements laid down in this Regulation should not impose a disproportionate burden on economic operators or contracting authorities. The verification system should therefore be based on a self-declaration by economic operators. Such approach is consistent with the general framework for public procurement established by Directive 2014/24/EU, in particular Article 59 thereof, which provides for self-declaration of compliance, subject to subsequent verification of the successful tenderer. For vehicles, manufacturers should, at the time of issuing the certificate of conformity in accordance with Regulation (EU) 2018/858 of the European Parliament and of the Council24 , provide an accompanying document certifying for the vehicles that comply with the relevant Union origin requirements. This document should be equivalent to a self-declaration and form part of the documentary evidence demonstrating compliance with the requirements set out in this Regulation.(26) In order to simplify procedures and reduce administrative burden, the verification of compliance with the requirements laid down in this Regulation should not impose a disproportionate burden on economic operators, especially small and medium sized enterprises or contracting authorities. The verification system should therefore be based on a self-declaration by economic operators. Such approach is consistent with the general framework for public procurement established by Directive 2014/24/EU, in particular Article 59 thereof, which provides for self-declaration of compliance, subject to subsequent verification of the successful tenderer. For vehicles, manufacturers should, at the time of issuing the certificate of conformity in accordance with Regulation (EU) 2018/858 of the European Parliament and of the Council24 , provide an accompanying document certifying for the vehicles that comply with the relevant Union origin requirements. This document should be equivalent to a self-declaration and form part of the documentary evidence demonstrating compliance with the requirements set out in this Regulation. Where a breach of the requirements has been established by a final decision of a competent authority, contracting authorities and contracting entities should take appropriate measures in accordance with Union and national law, including exclusion from the procurement procedure, termination of the contract, or other remedies provided for under applicable law.
24 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/858/oj).24 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/858/oj).

Or. en

Amendment 24

Proposal for a regulation

Recital 27 a (new)

Text proposed by the CommissionAmendment
(27a) The list of strategic sectors should be capable of evolving in response to technological developments, changes in global markets and emerging strategic dependencies. The Commission should therefore be empowered to adopt a delegated act supplementing the list of strategic sectors set out in this Regulation where objective and transparent criteria demonstrate that additional sectors are of strategic importance to the Union’s industrial resilience, competitiveness and economic security, following appropriate consultation of the sectors concerned and the social partners. Any extension should cover the entire relevant productive ecosystem and value chain, rather than focusing solely on final assembly.

Or. en

Amendment 25

Proposal for a regulation

Recital 28

Text proposed by the CommissionAmendment
(28) Investment, including from foreign entities, plays a critical role in fostering a strong internal market and territorial cohesion, particularly by promoting innovation and driving economic growth in the Union which is essential for its competitiveness. However, in exceptional circumstances, particularly large investments originating from third countries that hold a very significant market position in the global risk disrupting important supply chains and the security of emerging strategic sectors that are of particular importance in the development of the internal market. Divergent conditions applied by Member States for such investments fragment the internal market by creating unequal conditions for investors allowing investments that do not contribute genuine added value to the Union economy while creating significant risk for the development and supply security in these sectors and creating an incentive for “regulatory arbitrage” by investors. Allowing such investments to proceed without any conditions could mean that the added value creation associated with selected strategic technologies and innovative manufacturing activities remains outside the Union, which have detrimental effect for the Union’s supply security and technological development in emerging strategic sectors. Moreover, unconditional exposure of the internal market to such large investments risks putting into question the Union’s technological advancements necessary for its twin transition and defence capabilities. Therefore, the provisions of this Regulation should ensure that such large investments coming from third countries that hold a particularly significant market position do not disrupt the Union’s supply security and economic security, and ensure its technological advancement in emerging strategic sectors. If such investments do not provide for sufficient Union participation and technology transfer, the long-term supply security of emerging strategic sectors is hampered due to lack of Union capacities independent from the country holding a significant share of relevant global supply. Furthermore, it has been observed that certain of such investments do not involve meaningful employment of Union workers, which jeopardizes the development of skills crucial for the development of emerging strategic sectors in the internal market.(28) Investment, including from foreign entities, plays a critical role in fostering a strong internal market and territorial cohesion, particularly by promoting innovation and driving economic growth in the Union which is essential for its competitiveness. However, in exceptional circumstances, particularly large investments originating from third countries that hold a very significant market position in the global market risk disrupting important supply chains and the security of emerging strategic sectors and net-zero technologies that are of particular importance in the development of the internal market. Divergent conditions applied by Member States for such investments fragment the internal market by creating unequal conditions for investors allowing investments that do not contribute to genuine added value to the Union economy while creating significant risk for the development and supply security in these sectors and creating an incentive for “regulatory arbitrage” by investors. Allowing such investments to proceed without any conditions could mean that the added value creation associated with selected strategic and net-zero technologies and innovative manufacturing activities remains outside the Union, which have detrimental effect for the Union’s supply security and technological development in emerging strategic sectors and net-zero technologies. Moreover, unconditional exposure of the internal market to such large investments risks putting into question the Union’s technological advancements necessary for its twin transition and defence capabilities. Therefore, the provisions of this Regulation should ensure that such large investments made by a foreign investor or a foreign investor’s subsidiary, coming from third countries that hold a particularly significant market position do not disrupt the Union’s supply security and economic security, and ensure its technological advancement in emerging strategic sectors and net-zero technologies. If such investments do not provide for sufficient Union participation and technology transfer, the long-term supply security of emerging strategic sectors is hampered due to lack of Union capacities independent from the country holding a significant share of relevant global supply. Furthermore, it has been observed that certain of such investments do not involve meaningful employment of Union workers, which jeopardizes the development of skills crucial for the development of emerging strategic sectors and net-zero technologies in the internal market.

Or. en

Amendment 26

Proposal for a regulation

Recital 29

Text proposed by the CommissionAmendment
(29) In order to ensure that the internal market remains attractive for investment, and that investment adds value to the Union’s economy and society, it is necessary to establish common conditions for foreign direct investment in manufacturing emerging strategic sectors. Those sectors should be manufacturing sectors with innovative potential where Union entities are not at or near the global innovation frontier, and where appropriate Union capacities and participation should be ensured. Harmonised criteria should apply to foreign investors of a third country which holds over 40% of the global manufacturing capacity in emerging strategic sectors. To ensure the effectiveness of the provisions of this Regulation, the Commission should monitor the global manufacturing capacity of those sectors and publish the results.(29) In order to ensure that the internal market remains attractive for investment, and that investment adds value to the Union’s economy and society, it is necessary to establish common conditions for foreign direct investment in manufacturing emerging strategic sectors and net-zero technologies. Those sectors should be manufacturing sectors and net-zero technologies with innovative potential where Union entities are not at or near the global innovation frontier, and where appropriate Union capacities and participation should be ensured. Harmonised criteria should apply to foreign investors or a foreign investor’s subsidiaries of a third country which holds over 40% of the global manufacturing capacity in emerging strategic sectors and net-zero technologies. To ensure the effectiveness of the provisions of this Regulation, the Commission should monitor the global manufacturing capacity of those sectors and publish the results.

Or. en

Amendment 27

Proposal for a regulation

Recital 32

Text proposed by the CommissionAmendment
(32) Therefore, the provisions of this Regulation should apply to foreign direct investments in emerging strategic sectors in accordance with the thresholds established by this Regulation, notwithstanding the screening mechanism established under Regulation (EU) 2019/452 of the European Parliament and of the Council25 . Moreover, the provisions of this Regulation should also apply without prejudice to Union competition law instruments, including Regulation (EU) 2022/2560 of the European Parliament and of the Council26 and Council Regulation (EC) No 139/200427 .(32) Therefore, the provisions of this Regulation should apply to foreign direct investments in emerging strategic sectors and net-zero technologies in accordance with the thresholds established by this Regulation, notwithstanding the screening mechanism established under Regulation (EU) 2019/452 of the European Parliament and of the Council25 . Moreover, the provisions of this Regulation should also apply without prejudice to Union competition law instruments, including Regulation (EU) 2022/2560 of the European Parliament and of the Council26 and Council Regulation (EC) No 139/200427.
25 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/452/oj).25 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I, 21.3.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/452/oj).
26 Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market (OJ L 330, 23.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2560/oj).26 Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market (OJ L 330, 23.12.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2560/oj).
27 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1, ELI: http://data.europa.eu/eli/reg/2004/139/oj).27 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, 29.1.2004, p. 1, ELI: http://data.europa.eu/eli/reg/2004/139/oj).

Or. en

Amendment 28

Proposal for a regulation

Recital 33

Text proposed by the CommissionAmendment
(33) The foreign direct investment criteria should capture emerging strategic sector investments in the Union by third-country investors (‘foreign investors’) in the Union. However, it could also be necessary to include investments in the Union by entities that are controlled, directly or indirectly, by a third-country person or entity regardless of the ultimate owner’s location (‘foreign investor’s subsidiary’), as they are equally capable of disrupting the functioning of the internal market, including its supply and economic security, due to the control exercised from the third country having a significant market share Therefore, Investment Authorities should apply the investment criteria where they are clearly needed to effectively ensure the protection of public security, the supply and economic security, and environmental sustainability in the Union, and where it is essential for the technological advancements of the internal market for the green and digital transition and defence purposes. Moreover, to prevent the circumvention of the Regulation’s provisions, where no alternative measures are reasonably available. To ensure the proportional application of conditions prescribed to investments made by the foreign investor’s subsidiary, the Commission should have the opportunity to assess the notification and request the Investment Authority to prescribe certain conditions. Apart from review of foreign direct investments made by the foreign investor’s subsidiary as established by this Regulation, investments coming from other Union Member States should not be conditioned or deterred.(33) The foreign direct investment criteria should capture emerging strategic sector and net-zero technologies investments in the Union by third-country investors (‘foreign investors’) in the Union. However, it should also be necessary to include investments in the Union by entities that are controlled, directly or indirectly, by a third-country person or entity regardless of the ultimate owner’s location (‘foreign investor’s subsidiary’), as they are equally capable of disrupting the functioning of the internal market, including its supply and economic security, due to the control exercised from the third country having a significant market share Therefore, Investment Authorities should apply the investment criteria as they are clearly needed to effectively ensure the protection of public security, the supply and economic security, and environmental sustainability in the Union, and where it is essential for the technological advancements of the internal market for the green and digital transition and defence purposes. Apart from review of foreign direct investments made by the foreign investor’s subsidiary as established by this Regulation, investments coming from other Union Member States should not be conditioned or deterred.

Or. en

Amendment 29

Proposal for a regulation

Recital 35

Text proposed by the CommissionAmendment
(35) Restructuring operations within a corporate group and investments made in financial institutions in application of a resolution tool as well as of write down and conversion powers should fall outside of the scope of this Regulation. Internal restructurings should only be excluded from the scope of application to the extent that they are conducted solely for the purpose of the internal reorganisation of a Union target or of the corporate group to which the Union target belongs, without resulting in any changes in the beneficial ownership or control of the Union target. In particular, internal restructurings should be excluded where they do not result in a situation where a new foreign investor acquires ownership or control over the Union target or over a company that directly or indirectly owns or controls that Union target, where there is an increase in the shares held by foreign investors, or where the transaction results in additional rights for foreign investors that may lead to a change in the effective participation of one or more foreign investors in the management or control of the Union target.(35) Restructuring operations within a corporate group and investments made in financial institutions in application of a resolution tool as well as of write down and conversion powers should fall outside of the scope of this Regulation. Internal restructurings should only be excluded from the scope of application to the extent that they are conducted solely for the purpose of the internal reorganisation of a Union target or of the corporate group to which the Union target belongs, without resulting in any changes in the beneficial ownership or control of the Union target. In particular, internal restructurings should be excluded where they do not result in a situation where a new foreign investor or a foreign investor’s subsidiary acquires ownership or control over the Union target or over a company that directly or indirectly owns or controls that Union target, where there is an increase in the shares held by foreign investors or a foreign investor’s subsidiaries, or where the transaction results in additional rights for foreign investors or foreign investor’s subsidiaries that may lead to a change in the effective participation of one or more foreign investors or foreign investors’ subsidiaries in the management or control of the Union target.

Or. en

Amendment 30

Proposal for a regulation

Recital 36

Text proposed by the CommissionAmendment
(36) The foreign direct investment criteria should only apply to emerging strategic sector foreign direct investments reaching an investment value threshold that is able to disrupt the functioning of the internal market. A threshold of EUR 100 million should be considered as having potential for to impact the well-functioning of the internal market in emerging strategic sectors. Such foreign direct investment covered by the scope of this Regulation would bear high risk on the security and environmental sustainability of the Union, while not producing enough added value including ensuring Union contribution in the investment, enhancement of the Union’s technological development, employment of Union workers and contribution to Union value chains for the internal market without compliance with the harmonised conditions.(36) The foreign direct investment criteria should apply to emerging strategic sector and net-zero technologies foreign direct investments reaching an investment value threshold that is able to disrupt the functioning of the internal market. A threshold of EUR 50 million should be considered as having potential for to impact the well-functioning of the internal market in emerging strategic sectors and net-zero technologies. Such foreign direct investment covered by the scope of this Regulation would bear high risk on the security and environmental sustainability of the Union, while not producing enough added value including ensuring Union contribution in the investment, enhancement of the Union’s technological development, employment of Union workers and contribution to Union value chains for the internal market without compliance with the harmonised conditions.

Or. en

Amendment 31

Proposal for a regulation

Recital 37

Text proposed by the CommissionAmendment
(37) In order to ensure the effective application of this Regulation, each Member State should designate an investment authority responsible for assessing the conditions of investment by foreign entities in emerging strategic sectors. Moreover, it should be equipped with the legal, administrative, and financial resources to carry out its tasks effectively and independently, with due regard to the authorities already responsible for implementing Regulation (EU) 2019/452.(37) In order to ensure the effective application of this Regulation, each Member State should designate an investment authority responsible for assessing the conditions of investment by foreign entities in emerging strategic sectors and net-zero technologies. Moreover, it should be equipped with the legal, administrative, and financial resources to carry out its tasks effectively and independently, with due regard to the authorities already responsible for implementing Regulation (EU) 2019/452.

Or. en

Amendment 32

Proposal for a regulation

Recital 38

Text proposed by the CommissionAmendment
(38) To enable Member States to effectively identify the investments defined in this Regulation, foreign investors should notify competent authorities prior to acquiring or establishing significant stakes in undertakings or assets within the Union. Setting a threshold at 30 percent ownership or other rights establishing control for both undertakings and assets should ensure that the mechanism captures investments capable of impacting the well-functioning of the internal market.(38) To enable Member States to effectively identify the investments defined in this Regulation, foreign investors or foreign investors' subsidiaries should notify competent authorities prior to acquiring or establishing significant stakes in undertakings or assets within the Union. Setting a threshold at 10 percent ownership or other rights establishing control for both undertakings and assets should ensure that the mechanism captures investments capable of impacting the well-functioning of the internal market.

Or. en

Amendment 33

Proposal for a regulation

Recital 39

Text proposed by the CommissionAmendment
(39) To minimise the risk of circumvention through fragmented or indirect acquisitions, where several foreign investors act in concert, or where investments are made through affiliated entities or complex ownership structures, their respective interests should be aggregated by the Investment Authority for the purpose of determining the investment value and the notification threshold. Aggregation should also apply to existing holdings in the same Union undertaking or asset, whether direct or indirect, individual or joint, to ensure that successive transactions leading to significant influence or control are duly notified.(39) To minimise the risk of circumvention through fragmented or indirect acquisitions, where several foreign investors or foreign investors’ subsidiaries act in concert, or where investments are made through affiliated entities or complex ownership structures, their respective interests should be aggregated by the Investment Authority for the purpose of determining the investment value and the notification threshold. Aggregation should also apply to existing holdings in the same Union undertaking or asset, whether direct or indirect, individual or joint, to ensure that successive transactions leading to significant influence or control are duly notified.

Or. en

Amendment 34

Proposal for a regulation

Recital 40

Text proposed by the CommissionAmendment
(40) In order to ensure Union participation in large foreign direct investments originating from third countries having a significant global position, this Regulation should establish limits on the extent of ownership and control that foreign investors can acquire in Union undertakings and assets. Accordingly, foreign investors should not, whether directly or indirectly, establish, acquire, hold, or exercise ownership interests exceeding 49% of the share capital, voting rights, or equivalent ownership interests in any Union target, nor establish or obtain equivalent ownership, leasehold, or other rights conferring control over a Union asset.(40) In order to ensure Union participation in large foreign direct investments originating from third countries having a significant global position, this Regulation should establish limits on the extent of ownership and control that foreign investors or foreign investors’ subsidiaries can acquire in Union undertakings and assets. Accordingly, foreign investors or foreign investors’ subsidiaries should not, whether directly or indirectly, establish, acquire, hold, or exercise ownership interests exceeding 49% of the share capital, voting rights, or equivalent ownership interests in any Union target, nor establish or obtain equivalent ownership, leasehold, or other rights conferring control over a Union asset.

Or. en

Amendment 35

Proposal for a regulation

Recital 41

Text proposed by the CommissionAmendment
(41) To ensure that foreign investors and Union entities cooperate in emerging strategic sectors while ensuring sufficient participation of Union partners, joint venture requirements should be prescribed, which should include contractual arrangements. In the joint venture, the foreign investor should not hold more than 49 % of the share capital, voting rights, or equivalent ownership interests or other rights conferring control in any of the Union entities participating in the joint venture. That condition should also contribute to the strategic autonomy of the Union and ensure value added to the internal market.(41) To ensure that foreign investors and Union entities cooperate in emerging strategic sectors and net-zero technologies while ensuring sufficient participation of Union partners, joint venture requirements should be prescribed, which should include contractual arrangements. In the joint venture, the foreign investor or the foreign investor’s subsidiary should not hold more than 49 % of the share capital, voting rights, or equivalent ownership interests or other rights conferring control in any of the Union entities participating in the joint venture. That condition should also contribute to the strategic autonomy of the Union and ensure value added to the internal market.

Or. en

Amendment 36

Proposal for a regulation

Recital 42

Text proposed by the CommissionAmendment
(42) It is necessary to assess, as part of the conditions for approval of a foreign direct investment, whether the transfer of technology can contribute to achieving the objectives of this Regulation. To that end, the foreign investors should be encouraged to license to the Union Target, the joint venture or the legal entity acquiring or owning the Union asset the relevant intellectual property rights, and know-how, which are necessary for carrying out the concerned economic activity in the context of the foreign direct investment. Appropriate intellectual property licensing agreement(s) should therefore be granted by the foreign investor to the Union Target, the joint venture or the legal entity acquiring or owning the Union asset. The scope and conditions of these agreements, such as the exact IP rights concerned, the exclusive nature of the license, the duration of the license or confidentiality-preserving measures, should be appropriate to the circumstances and to the objective pursued under this Regulation and the relevant investment. The foreign investor should commit to granting the appropriate licenses of intellectual property rights and relevant know-how they hold, as required for the economic activity concerned. That could be achieved by providing a description of the main aspects of the possible licensing agreements, on a confidential basis, with the Investment Authority.(42) It is necessary to assess, as part of the conditions for approval of a foreign direct investment, whether the transfer of technology can contribute to achieving the objectives of this Regulation. To that end, the foreign investors or the foreign investor’s subsidiary should be encouraged to license to the Union Target, the joint venture or the legal entity acquiring or owning the Union asset the relevant intellectual property rights, and know-how, which are necessary for carrying out the concerned economic activity in the context of the foreign direct investment. Appropriate intellectual property licensing agreement(s) should therefore be granted by the foreign investor or by the foreign investor’s subsidiary to the Union Target, the joint venture or the legal entity acquiring or owning the Union asset. The scope and conditions of these agreements, such as the exact IP rights concerned, the exclusive nature of the license, the duration of the license or confidentiality-preserving measures, should be appropriate to the circumstances and to the objective pursued under this Regulation and the relevant investment. The foreign investor or the foreign investor’s subsidiary should commit to granting the appropriate licenses of intellectual property rights and relevant know-how they hold, as required for the economic activity concerned. The Union Target or the Union asset should share information about the contract or the licencing agreement with the Investment Authority and the Commission, as appropriate, and in a manner equivalent to the information the foreign investor or the foreign investor’s subsidiary has to provide to the authorities of the country of origin.

Or. en

Amendment 37

Proposal for a regulation

Recital 43

Text proposed by the CommissionAmendment
(43) Where the Union Target or the legal entity acquiring or owning the Union asset owns intellectual property rights in an invention, a work or any other asset subject to intellectual property protection prior to the foreign investment, those intellectual property rights should fully and exclusively remain under the control of the Union Target or the legal entity acquiring or owning the Union asset. The foreign investor should not claim any intellectual property right nor undertake any activity that would affect the ability of the Union Target or the legal entity acquiring or owning the Union asset to own and exercise the intellectual property rights on their inventions, works, trademarks, designs or any other relevant asset obtained prior to the foreign investment. Where an invention, a work or any other asset subject to intellectual property protection is the result of a collaborative work between the Union Target or the legal entity acquiring or owning the Union asset and the foreign investor or as a result of the joint venture, the intellectual property rights should be owned jointly by the foreign investor, the Union Target or the legal entity acquiring or owning the Union asset, depending on the circumstances. The conditions accompanying the co-ownership of intellectual property rights should, to the extent possible, be defined and communicated to the Investment Authority, ahead of the approval of the foreign direct investment. These conditions should include clarifications as to the possibility for one co-owner to grant a licence and start infringement procedures as well as the financial agreements as regards the filing and registration of intellectual property rights and licensing agreements. In the case of a joint venture without a legal personality, clarifications should be provided to the Investment Authority regarding the ownership of intellectual property.(43) Where the Union Target or the legal entity acquiring or owning the Union asset owns intellectual property rights in an invention, a work or any other asset subject to intellectual property protection prior to the foreign investment, those intellectual property rights should fully and exclusively remain under the control of the Union Target or the legal entity acquiring or owning the Union asset. The foreign investor or the foreign investor’s subsidiary should not claim any intellectual property right nor undertake any activity that would affect the ability of the Union Target or the legal entity acquiring or owning the Union asset to own and exercise the intellectual property rights on their inventions, works, trademarks, designs or any other relevant asset obtained prior to the foreign investment. Where an invention, a work or any other asset subject to intellectual property protection is the result of a collaborative work between the Union Target or the legal entity acquiring or owning the Union asset and the foreign investor or the foreign investor’s subsidiary or as a result of the joint venture, the intellectual property rights should be owned jointly by the foreign investor or the foreign investor’s subsidiary, the Union Target or the legal entity acquiring or owning the Union asset, depending on the circumstances. The conditions accompanying the co-ownership of intellectual property rights should, to the extent possible, be defined and communicated to the Investment Authority, ahead of the approval of the foreign direct investment. These conditions should include clarifications as to the possibility for one co-owner to grant a licence and start infringement procedures as well as the financial agreements as regards the filing and registration of intellectual property rights and licensing agreements. In the case of a joint venture without a legal personality, clarifications should be provided to the Investment Authority regarding the ownership of intellectual property. All intellectual property rights or assets developed by the Union Target or the legal entity owning the Union asset prior to the foreign investment or without the collaboration of the foreign investors or the foreign investor’s subsidiary, as well as the intellectual property rights developed after the foreign investment should not be transferred outside the Union without authorisation by the Investment Authority or the Commission, as appropriate.

Or. en

Amendment 38

Proposal for a regulation

Recital 44

Text proposed by the CommissionAmendment
(44) It is necessary to ensure that the foreign investors’ expertise of the large foreign direct investment under the scope of this Regulation should contribute to enhancing the Union’s technological development both within and outside the Union Target, the joint venture or the legal entity acquiring or owning the Union asset. To that end, foreign investors should invest in research and development projects to be executed within the Union while ensuring that the Union will benefit from the results produced. It is therefore necessary to assess, as part of the conditions to be considered for having a foreign direct investment approved, whether the foreign investors’ research and development investments are adequate to achieve that objective. Such investments could be directed to the benefit of research institutions established in the Union, including in the context of joint projects with the Union Target, the joint venture or the legal entity acquiring or owning the Union asset. Those investments could also be made within the Union target, the joint venture or the legal entity acquiring or owning the Union asset, for developing or executing specific research and development activities. These investments could also consist in the training of Union workers, or direct or indirect financial support to research and development projects within the Union Target, the joint venture or the legal entity acquiring or owning the Union asset. Any assessment performed in relation to investments in research and development projects to be executed within the Union should be without prejudice to Union competition law instruments, including Regulations (EU) 2022/2560 and (EC) No 139/2004.(44) It is necessary to ensure that the foreign investors or the foreign investors’ subsidiaries expertise of the large foreign direct investment under the scope of this Regulation should contribute to enhancing the Union’s technological development both within and outside the Union Target, the joint venture or the legal entity acquiring or owning the Union asset. To that end, foreign investors or the foreign investors’ subsidiaries should invest in research and development projects to be executed within the Union while ensuring that the Union will benefit from the results produced. It is therefore necessary to assess, as part of the conditions to be considered for having a foreign direct investment approved, whether the foreign investors or the foreign investors’ subsidiaries research and development investments are adequate to achieve that objective. Such investments could be directed to the benefit of research institutions established in the Union, including in the context of joint projects with the Union Target, the joint venture or the legal entity acquiring or owning the Union asset. Those investments could also be made within the Union target, the joint venture or the legal entity acquiring or owning the Union asset, for developing or executing specific research and development activities. These investments could also consist in the training of Union workers, or direct or indirect financial support to research and development projects within the Union Target, the joint venture or the legal entity acquiring or owning the Union asset. Any assessment performed in relation to investments in research and development projects to be executed within the Union should be without prejudice to Union competition law instruments, including Regulations (EU) 2022/2560 and (EC) No 139/2004.

Or. en

Amendment 39

Proposal for a regulation

Recital 45

Text proposed by the CommissionAmendment
(45) To promote sustainable integration of investments by foreign entities to the internal market and the development of skills in emerging strategic sectors, and to ensure meaningful social contribution at the place of the investment, such investments should employ a proportion of Union workers and should provide appropriate training and capacity-building measures, involving education and training providers, as well as social partners. The foreign investor should ensure that the thresholds established in this Regulation are fulfilled across all categories of workforce, including the operational, technical, supervisory, and managerial positions.(45) To promote sustainable integration of investments by foreign entities to the internal market and the development of skills in emerging strategic sectors and net-zero technologies, and to ensure meaningful social contribution at the place of the investment, such investments should employ at least 60% of Union workers in each site of the Union target or Union asset and should provide appropriate training and capacity-building measures, involving education and training providers, as well as social partners. Furthermore, such employment should ensure decent working conditions for all Union and non-Union workers lawfully working in the Union, fair wages and earnings, working hours, and compliance with all labour standards, social rights and collective agreements. The foreign investor or the foreign investor’s subsidiary should ensure that the thresholds established in this Regulation are fulfilled across all categories of workforce, including the operational, technical, supervisory, and managerial positions.

Or. en

Amendment 40

Proposal for a regulation

Recital 46

Text proposed by the CommissionAmendment
(46) To strengthen the industrial capacity of emerging strategic sectors and to integrate foreign direct investment into the Union’s industrial ecosystem, a certain share of inputs manufactured in the Union should be included in products placed on the Union market by such investments.(46) To strengthen the industrial capacity of emerging strategic sectors and net-zero technologies and to integrate foreign direct investment into the Union’s industrial ecosystem, a certain share of inputs manufactured in the Union should be included in products placed on the Union market by such investments.

Or. en

Amendment 41

Proposal for a regulation

Recital 47

Text proposed by the CommissionAmendment
(47) In order to ensure that foreign direct investments fulfil at least 4 of the 6 conditions established by this Regulation, the competent Investment Authority should examine each notification and issue a reasoned decision on its approval or rejection. Investment Authorities should establish the fulfilment of the conditions, or as appropriate, the intent of the foreign investor to comply with the conditions. Such investments should not be implemented without the explicit approval of the Investment Authority. Accordingly, foreign investors should comply with a set of conditions before starting their economic activity regarding the relevant foreign direct investment. Investment Authorities should decide in a timeframe ensuring both procedural efficiency and legal certainty. Where justified by the complexity of the case or the need for additional information, that timeframe could be extended, for justified and duly substantiated reasons.(47) In order to ensure that foreign direct investments fulfil the 6 conditions established by this Regulation, the competent Investment Authority should examine each notification and issue a reasoned decision on its approval or rejection. Investment Authorities should establish the fulfilment of the conditions, or as appropriate, the intent of the foreign investor or the foreign investor’s subsidiary to comply with the conditions. Such investments should not be implemented without the explicit approval of the Investment Authority. Accordingly, foreign investors or foreign investors’ subsidiaries should comply with the conditions before starting their economic activity regarding the relevant foreign direct investment. Investment Authorities should decide in a timeframe ensuring both procedural efficiency and legal certainty. Where justified by the complexity of the case or the need for additional information, that timeframe could be extended, for justified and duly substantiated reasons.

Or. en

Amendment 42

Proposal for a regulation

Recital 49

Text proposed by the CommissionAmendment
(49) In order to ensure the horizontal application of this Regulation in the internal market, the Commission should be able to provide an opinion on whether the investment fulfils the conditions set out in this Regulation. Such opinion should be made publicly available. If the Investment Authority intends to diverge from the Commission opinion in its decision, it should extend the approval process for two additional months in order to properly assess the Commission's arguments. When taking a decision, Member States should justify how they took the Commission’s opinion into account.(49) In order to ensure the horizontal application of this Regulation in the internal market, the Commission should provide an opinion on whether the investment fulfils the conditions set out in this Regulation. Such opinion should be shared with the Investment Authorities of all the Member States or made publicly available. If the Investment Authority intends to diverge from the Commission opinion in its decision on how the six mandatory conditions should be applied , it should extend the approval process for two additional months in order to properly assess the Commission's arguments. When taking a decision, Member States should provide explanations and justifications regarding how they took the Commission’s opinion into account.

Or. en

Amendment 43

Proposal for a regulation

Recital 50

Text proposed by the CommissionAmendment
(50) In order to ensure the horizontal application of this Regulation on the Single Market, the Commission should be able to review foreign direct investments, based on its own initiative or on the initiative of a Member State affected by the foreign direct investment. That should be particularly the case for investments where several member states are impacted, as well as high value investments and investments with particular strategic importance for the Union due to their effect on the Single Market.(50) In order to ensure the horizontal application of this Regulation on the Single Market, the Commission should review foreign direct investments, based on its own initiative or on the initiative of a Member State affected by the foreign direct investment. That should be particularly the case for investments where several member states are impacted, as well as high value investments, investments with particular strategic importance for the Union due to their effect on the Single Market and investments in critical raw materials. The Commission may prescribe the application of the conditions to the Investment Authority.

Or. en

Amendment 44

Proposal for a regulation

Recital 50 a (new)

Text proposed by the CommissionAmendment
(50a) The Union holds technological leadership in several net zero technologies. However, factors such as excessive subsidation or non-market economy conditions and other kinds of structural distortions, which have already led certain third countries to hold quasi-monopolisic positions on the global market, may reproduce similar situations also with regard to those technologies where the Union still leads. In the case of foreign direct investments in those technologies, the Investment Authorities of the Member States may apply conditions that are adequate to prevent disruptive effects on such important supply chains in the future, including the possibility to forbid a foreign investment.

Or. en

Amendment 45

Proposal for a regulation

Recital 52

Text proposed by the CommissionAmendment
(52) To ensure that foreign direct investment criteria for the emerging strategic sectors remain appropriate even as market conditions, technological developments and the competitiveness policy objectives of the Union continue to evolve, the Commission should monitor the global manufacturing trends of strategic sectors and be empowered to adopt implementing acts imposing foreign investment criteria to additional strategic sectors. The Commission should assess in particular the threshold value, as well as whether all of the investment criteria referred to in this regulation are appropriate and necessary to meet the objectives of this regulation.(52) To ensure that foreign direct investment criteria for the emerging strategic sectors and net-zero technologies remain appropriate even as market conditions, technological developments and the competitiveness policy objectives of the Union continue to evolve, the Commission should monitor the global manufacturing trends of strategic sectors and be empowered to adopt implementing acts imposing foreign investment criteria to additional strategic sectors. The Commission should assess in particular the threshold value, as well as whether all of the investment criteria referred to in this regulation are appropriate and necessary to meet the objectives of this regulation.

Or. en

Amendment 46

Proposal for a regulation

Recital 53

Text proposed by the CommissionAmendment
(53) Clustering industrial activity can contribute substantially to achieving the objectives of this Regulation and to strengthening certain strategic sectors in the internal market. It is therefore appropriate to promote the development of industrial manufacturing acceleration areas. Such areas should be limited in geographical scope in order to foster industrial symbiosis. When designating the areas, Member States should, in cooperation with regional authorities where appropriate, take into account industrial production (in particular for certain strategic sectors) and their regions’ general level of development, with a focus on the less developed regions and those in transition. Furthermore, in order to strengthen the resilience, strategic autonomy and competitiveness of the Union’s industrial base, the designation of industrial manufacturing acceleration areas should align with strategic projects and other Union initiatives such as Net-Zero Acceleration Valleys.(53) Clustering industrial activity can contribute substantially to achieving the objectives of this Regulation and to strengthening certain strategic sectors in the internal market. It is therefore appropriate to promote the development of industrial manufacturing acceleration areas. Such areas should be limited in geographical scope in order to foster industrial symbiosis. When designating the areas, Member States should, in cooperation with regional and local authorities, take into account industrial production (in particular for certain strategic sectors), energy infrastructure and the resilience of the energy system, in order to ensure that the energy needs of the projects located within the areas can be met without compromising the other uses of the network and their regions’ general level of development, with a focus on the less developed regions and those in transition. Furthermore, in order to strengthen the resilience, strategic autonomy and competitiveness of the Union’s industrial base, the designation of industrial manufacturing acceleration areas should align with strategic projects and other Union initiatives such as Net-Zero Acceleration Valleys.

Or. en

Amendment 47

Proposal for a regulation

Recital 53 a (new)

Text proposed by the CommissionAmendment
(53a) Member States having one or several outermost regions referred to in Article 349 TFEU should designate at least one industrial manufacturing acceleration area within one of those regions. The specific structural constraints of the outermost regions, in particular the higher costs and the administrative complexity that can further hinder industrial development, justify a dedicated designation, so that the acceleration measures set out in this Regulation contribute effectively to industrial development and to the strengthening of local value chains in those regions.

Or. en

Amendment 48

Proposal for a regulation

Recital 54

Text proposed by the CommissionAmendment
(54) The industrial acceleration measures within the acceleration areas should seek appropriate synergies with other Union initiatives, including strategic projects recognised in Union legislation, Net-Zero Acceleration Valleys and Union funding opportunities, in order to align the strategic priorities in the internal market and benefit industrial installations vital for the strategic autonomy and competitiveness of the Union. Those benefits should also apply to undertakings awarded with the competitiveness seal under Regulation (EU) XXXX/[XX]28 (European Competitiveness Fund), unless specifically excluded by the Member State.(54) The industrial acceleration measures within the acceleration areas should seek appropriate synergies with other Union initiatives, including strategic projects recognised in Union legislation, Net-Zero Acceleration Valleys, renewable acceleration areas and Union funding opportunities, in order to align the strategic priorities in the internal market and benefit industrial installations vital for the strategic autonomy and competitiveness of the Union. Those benefits should also apply to undertakings awarded with the competitiveness seal under Regulation (EU) XXXX/[XX]28 (European Competitiveness Fund), unless specifically excluded by the Member State.
28 Proposal for a Regulation of the European Parliament and of the Council on establishing the European Competitiveness Fund ('ECF’), including the specific programme for defence research and innovation activities, repealing Regulations (EU) 2021/522, (EU) 2021/694, (EU) 2021/697, (EU) 2021/783, repealing provisions of Regulations (EU) 2021/696, (EU) 2023/588, and amending Regulation (EU) (COM/2025/555 final, 16.7.2025).28 Proposal for a Regulation of the European Parliament and of the Council on establishing the European Competitiveness Fund ('ECF’), including the specific programme for defence research and innovation activities, repealing Regulations (EU) 2021/522, (EU) 2021/694, (EU) 2021/697, (EU) 2021/783, repealing provisions of Regulations (EU) 2021/696, (EU) 2023/588, and amending Regulation (EU) (COM/2025/555 final, 16.7.2025).

Or. en

Amendment 49

Proposal for a regulation

Recital 56

Text proposed by the CommissionAmendment
(56) Sufficient and timely energy supply to the acceleration areas constitutes a fundamental enabling condition for their effective deployment and for the development of manufacturing activities. Reliable and accurate information on future energy demand contributes to cost-effective grid development. Member States should therefore prepare an analysis for each acceleration area, identifying its future energy needs. Such analysis should serve the purpose of providing information for the national grid planning thereby contributing to purposeful anticipatory grid investments and faster energy connections for the acceleration area. When defining the scope, Member States should take into account the availability of relevant transport and network infrastructure. The results of these assessments should be reflected in national network development plans to adequately capture future points of energy demand in upcoming grid planning.(56) Sufficient and timely energy supply to the acceleration areas constitutes a fundamental enabling condition for their effective deployment and for the development of manufacturing activities. Reliable and accurate information on future energy demand contributes to cost-effective grid development. Prior to the designation of an acceleration area, Member States should therefore prepare, in cooperation with the relevant system operators, an analysis identifying its future energy needs. Such analysis should serve the purpose of providing information for the national grid planning thereby contributing to purposeful anticipatory grid investments and faster energy connections for the acceleration area. When defining the scope, Member States should take into account the availability of relevant transport, digital and network infrastructure, including the electricity and hydrogen transmission and distribution systems. The results of these assessments should be reflected in national network development plans to adequately capture future points of energy demand in upcoming grid planning.

Or. en

Amendment 50

Proposal for a regulation

Recital 57

Text proposed by the CommissionAmendment
(57) Where industrial manufacturing acceleration areas are set up, their designation should correspond to the potential to access or organise education and training opportunities to ensure the availability of skilled labour.(57) Where industrial manufacturing acceleration areas are set up, their designation should correspond to the potential to access or organise education and training opportunities to ensure the availability of skilled labour. These areas should also constitute integrated industrial ecosystems, fostering synergies between the different economic actors located within them and offering an attractive environment for start-ups and innovative small and medium-sized enterprises active in the strategic sectors listed in Annex I.

Or. en

Amendment 51

Proposal for a regulation

Recital 59

Text proposed by the CommissionAmendment
(59) In order to establish a framework to ensure the Union’s strategic autonomy and economic security through access to a secure, sustainable and resilient supply of relevant manufacturing products, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of changes to the list of third countries whose content is not treated as equivalent to Union origin, the introduction or amendment of Union origin and low-carbon requirements, including for additional net-zero technologies and for products and services listed in Annexes II and III, laying down Union-level demand-side measures for products from the chemical industry, taking into account, among others, recommendations from the Critical Chemicals Alliance, the extension of foreign direct investment criteria to additional emerging strategic sectors, the specification of common procedural rules for foreign direct investment criteria, and establishing classification systems based on the greenhouse gas intensity for products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making30 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.(59) In order to establish a framework to ensure the Union’s strategic autonomy and economic security through access to a secure, sustainable and resilient supply of relevant manufacturing products, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of third countries whose content is not treated as equivalent to Union origin, the introduction or amendment of Union origin and low-carbon requirements, including for additional net-zero technologies and for products and services listed in Annexes II and III, laying down Union-level demand-side measures vessels and maritime equipment, for products from the chemical industry, taking into account, among others, recommendations from the Critical Chemicals Alliance, specification and differentiation of the cost difference rules used for public procurement and other forms of public intervention, for specific categories covered, the extension of foreign direct investment criteria to additional emerging strategic sectors and net-zero technologies, the specification of common procedural rules for foreign direct investment criteria, and establishing classification systems based on the greenhouse gas intensity for products. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making30. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
30 OJ L 123, 12.5.2016, p. 1, http://data.europa.eu/eli/agree_interinstit/2016/512/oj.30 OJ L 123, 12.5.2016, p. 1, http://data.europa.eu/eli/agree_interinstit/2016/512/oj.

Or. en

Amendment 52

Proposal for a regulation

Recital 59 a (new)

Text proposed by the CommissionAmendment
(59a) In the case of a crisis or emergency situation that threatens economic security, resilience or climate neutrality, such as a decline in Union market shares, a loss of viability for Union industry, a deterioration of overall competitiveness, or a rise in greenhouse-gas emissions in the relevant sectors, the Commission should be empowered to supplement this Regulation by laying down Union-level demand-side measures, including content requirements, for products or components originating from the sector affected by such crisis or emergency situations. Such measures should aim to promote the production and use of goods of Union origin derived from sustainable and low-carbon sources.

Or. en

Amendment 53

Proposal for a regulation

Recital 61

Text proposed by the CommissionAmendment
(61) The Commission should evaluate this Regulation based on the information provided by Member States. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making of 13 April 2016, such evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and Union value added. It should also serve as the basis for impact assessments of possible further measures.(61) The Commission should evaluate this Regulation based on the information provided by Member States. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making of 13 April 2016, such evaluation should be based on the five criteria of efficiency, effectiveness, relevance, coherence and Union value added. Furthermore, and in order to be able to better respond to the needs and developments of the Union’s industrial capacity, its labour force as well as the international economic developments, the Commission should also base its evaluation on the evolution of industrial employment, skills development and workforce retention in the sectors covered by this Regulation as well as the evolution of the manufacturing capacity, the market share and the greenhouse gas intensity, within the Union, of the energy-intensive industries and the net-zero technologies covered by this Regulation. It should also serve as the basis for impact assessments of possible further measures.

Or. en

Amendment 54

Proposal for a regulation

Recital 62

Text proposed by the CommissionAmendment
(62) To ensure compliance with the obligations laid down in this Regulation, Member States should provide for penalties to be imposed on undertakings that do not comply with their obligations. Such penalties should be without prejudice and in addition to specific penalty requirements set out by this Regulation, for instance on foreign direct investments. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. It is also necessary for Member States to ensure that project promoters have access, where relevant, to administrative or judicial review in accordance with national law.(62) To ensure compliance with the obligations laid down in this Regulation, Member States should provide for penalties to be imposed on undertakings that do not comply with their obligations. Such penalties should be without prejudice and in addition to specific penalty requirements set out by this Regulation, for instance on foreign direct investments. It is therefore necessary that Member States lay down effective, proportionate and dissuasive penalties in national law for failure to comply with this Regulation. Where appropriate, the Commission should publish guidelines to ensure their uniform implementation across the Member States. It is also necessary for Member States to ensure that project promoters have access, where relevant, to administrative or judicial review in accordance with national law.

Or. en

Amendment 55

Proposal for a regulation

Recital 63

Text proposed by the CommissionAmendment
(63) When reviewing this Regulation, the Commission should assess the need to amend the provisions included in Chapters III and IV. In particular, it should consider introducing targeted Union origin in transport sectors critical to the Union’s economic security, notably building of ships and building of rail rolling stock. The Commission should also consider introducing an enhanced review of foreign direct investments for aeronautical products and parts.(63) When reviewing this Regulation, the Commission should assess the need to amend the provisions included in Chapters III and IV. In particular, it should consider introducing targeted Union origin in transport sectors critical to the Union’s economic security, namely fertilizers, building of ships and building of rail rolling stock, advanced robotics and aerospace industries. Furthermore, The Commission should assess the necessity to include additional strategic sectors in the scope of this Regulation as well as to extend the list of products from energy-intensive industries. The Commission should also consider introducing an enhanced review of foreign direct investments for aeronautical products and parts.

Or. en

Amendment 56

Proposal for a regulation

Recital 66

Text proposed by the CommissionAmendment
(66) The provisions on public procurement laid down in this Regulation should build on the provisions of Regulation (EU) 2024/1735 on resilience; and complement them by introducing additional requirements for battery energy storage systems, solar photovoltaic technologies, heat pumps, onshore and offshore wind technologies, electrolysers and nuclear fission energy technologies. Such additional requirements should ensure that a certain share of the products and their main specific components originate in the Union. That approach should ensure sufficient diversification while strengthening strategic manufacturing capacity and technological sovereignty within the Union. The system for verification of compliance with the requirements should limit the administrative burden and align with common public procurement practice as well as the existing system of verification of compliance under Regulation (EU) 2024/1735. It should therefore rely on a self-declaration by economic operators.(66) The provisions on public procurement laid down in this Regulation should build on the provisions of Regulation (EU) 2024/1735 on resilience; and complement them by introducing additional requirements for battery energy storage systems, solar photovoltaic and solar thermal technologies, heat pumps, onshore and offshore wind technologies, electrolysers and nuclear fission energy technologies and electric charging technologies. Such additional requirements should ensure that a certain share of the products and their main specific components originate in the Union. That approach should ensure sufficient diversification while strengthening strategic manufacturing capacity and technological sovereignty within the Union. The system for verification of compliance with the requirements should limit the administrative burden and align with common public procurement practice as well as the existing system of verification of compliance under Regulation (EU) 2024/1735. It should therefore rely on a self-declaration by economic operators.

Or. en

Amendment 57

Proposal for a regulation

Recital 69 a (new)

Text proposed by the CommissionAmendment
(69a) To better reflect the particularities of each individual sector and in order not to provide unnecessary administrative burden as well as to keep the possibility of adapting to the developments in each particular sector, the Commission should be empowered to adopt a delegated act supplementing Regulation (EU) 2024/1735 specifying and differentiating the cost differences for public procurement procedures and auctions by technology covered by Annex II of the Regulation (EU) 2024/1735.

Or. en

Amendment 58

Proposal for a regulation

Recital 70

Text proposed by the CommissionAmendment
(70) Businesses and households are an essential part of the demand for net-zero technologies in the Union. Public support schemes designed to support consumer demand for such products are important tools for strengthening the Union’s economic security and accelerating the green transition. In order to build on the provisions of Regulation (EU) 2024/1735 on resilience, it is necessary to complement those provisions introducing additional requirements for battery energy storage systems, solar photovoltaic technologies and heat pumps. Such additional requirements should ensure that certain main specific components and, in some cases, the whole final product, originate in the Union. That approach is in line with the general objective of support schemes to promote socially-desirable outcomes, in view of making progress on the ambitions of the European Pillar of Social Rights as well as environmental and climate objectives. Furthermore, it should ensure sufficient diversification while strengthening strategic manufacturing capacity and technological sovereignty within the Union. Public authorities in charge of support schemes should have the possibility either to condition the eligibility of the scheme to the fulfilment of the requirements, or to grant additional financial compensation when the requirements are fulfilled. In the latter case, the additional financial compensation should have an incentivising effect. However, if State aid is involved, the additional financial compensation should not exceed the applicable maximum aid intensity.(70) Businesses and households are an essential part of the demand for net-zero technologies in the Union. Public support schemes designed to support consumer demand for such products are important tools for strengthening the Union’s economic security and accelerating the green transition. In order to build on the provisions of Regulation (EU) 2024/1735 on resilience, it is necessary to complement those provisions introducing additional requirements for battery energy storage systems, solar photovoltaic technologies and heat pumps. Such additional requirements should ensure that certain main specific components and, in some cases, the whole final product, originate in the Union. That approach is in line with the general objective of support schemes to promote socially-desirable outcomes, in view of making progress on the ambitions of the European Pillar of Social Rights as well as environmental and climate objectives. Furthermore, it should ensure sufficient diversification while strengthening strategic manufacturing capacity and technological sovereignty within the Union. Public authorities in charge of support schemes should have the possibility either to condition the eligibility of the scheme to the fulfilment of the requirements, or to grant additional financial compensation when the requirements are fulfilled. In the latter case, the additional financial compensation should have an incentivising effect. However, if State aid is involved, the additional financial compensation should not exceed the applicable maximum aid intensity. Furthermore, by 2030, existing support schemes should be made compliant with the requirements set out in Annex II of Regulation (EU) 2024/1735.

Or. en

Amendment 59

Proposal for a regulation

Recital 73

Text proposed by the CommissionAmendment
(73) Furthermore, the cybersecurity provisions of Article 26 of Regulation (EU) 2024/1735 should not only apply to 30%, but to all renewable energy auctions in light that cybersecurity is essential to the stability and integrity of the Union’s energy system as a whole. A gap even in just one element of an energy system’s cybersecurity could endanger the stability of the whole system. In addition to the high level of cybersecurity ensured in critical sectors by Directive (EU) 2022/2555 and in products with digital elements under Regulation (EU) 2024/2847, extending the scope of the cybersecurity requirements of Regulation (EU) 2024/1735 to all renewable energy auctions should further reduce the vulnerabilities of the Union’s energy system and contribute to securing energy and economic stability.(73) Furthermore, the cybersecurity provisions of Article 26 of Regulation (EU) 2024/1735 should apply to all renewable energy auctions in light that cybersecurity is essential to the stability and integrity of the Union’s energy system as a whole. A gap even in just one element of an energy system’s cybersecurity could endanger the stability of the whole system. In addition to the high level of cybersecurity ensured in critical sectors by Directive (EU) 2022/2555 and in products with digital elements under Regulation (EU) 2024/2847, extending the scope of the cybersecurity requirements of Regulation (EU) 2024/1735 to all renewable energy auctions should further reduce the vulnerabilities of the Union’s energy system and contribute to securing energy and economic stability.

Or. en

Amendment 60

Proposal for a regulation

Recital 75

Text proposed by the CommissionAmendment
(75) In line with the measures for public procurement, auctions and public support schemes, this Regulation should also complement Regulation (EU) 2024/1735 with Union origin requirements for Member State support to the construction of nuclear power plants and to the manufacturing of hydrogen electrolysers. To secure long term Union sovereignty, energy security, and sector resilience, it is essential that the new nuclear plants, both large scale reactors and small modular reactors, prioritise as much as possible Union sourced technologies and components while maintaining the highest quality standards. Such strategy will not only boost domestic capabilities but also position the Union as a reliable, competitive player in the global nuclear market. However, in order to prevent risks related to technological lock-in, the Union origin requirements for nuclear power plants should only apply to new-builds, excluding refurbishments and lifetime extensions of existing nuclear power plants.(75) In line with the measures for public procurement, auctions and public support schemes, this Regulation should also complement Regulation (EU) 2024/1735 with Union origin requirements for Member State support to the construction of nuclear power plants and to the manufacturing of hydrogen electrolysers. To secure long term Union sovereignty, energy security, and sector resilience, it is essential that the new nuclear plants, both large scale reactors and small modular reactors, prioritise as much as possible Union sourced technologies and components while maintaining the highest quality standards. Such strategy will not only boost domestic capabilities but also position the Union as a reliable, competitive player in the global nuclear market. However, in order to prevent risks related to technological lock-in, the Union origin requirements for nuclear power plants should only apply to new-builds, excluding refurbishments and lifetime extensions of existing nuclear power plants. Regulation (EU) 2024/1735 should therefore be amended accordingly.

Or. en

Amendment 61

Proposal for a regulation

Recital 76

Text proposed by the CommissionAmendment
(76) Regulation (EU) 2024/1735 should therefore be amended accordingly.deleted

Or. en

Amendment 62

Proposal for a regulation

Recital 77

Text proposed by the CommissionAmendment
(77) Hydrogen is a crucial energy carrier for the energy transition in many industry applications and is instrumental in driving the transition to cleaner energy systems. To accommodate the emergence of gigawatt scale electrolyser deployments in the Union, it is essential to have a concerted, enhanced support system is essential.(77) Hydrogen is a crucial energy carrier for the decarbonisation of energy-intensive industries and of transport sectors where direct electrification is technically limited or economically less viable. To accommodate the emergence of gigawatt scale electrolyser deployments in the Union, a concerted, enhanced support system is essential. Particular attention should be paid to the origin of the most strategic components of electrolysers, in particular the electrolyser stack, which concentrates the core technology and the value added of the product.

Or. en

Amendment 63

Proposal for a regulation

Recital 79 a (new)

Text proposed by the CommissionAmendment
(79a) In order to reflect the need to contribute to ensuring a resilient manufacturing industry within the Union and support the resilience of the Union’s construction sector Criteria of Origin of construction works should be added to Annex I and category “Origin” should be added to Annex X of the Regulation (EU) 2024/3110, which should therefore be amended accordingly.

Or. en

Amendment 64

Proposal for a regulation

Recital 79 b (new)

Text proposed by the CommissionAmendment
(79b) In order to establish a framework to ensure the Union’s strategic autonomy and economic security through access to a secure, sustainable and resilient supply of relevant net zero industry products, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of third countries whose content is treated as equivalent to Union origin.

Or. en

Amendment 65

Proposal for a regulation

Recital 81

Text proposed by the CommissionAmendment
(81) Since the objective of this Regulation, namely to support resilient and decarbonised industrial production, cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,(81) Since the objective of this Regulation, namely to support economic security, resilient and decarbonised industrial production, cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

Or. en

Amendment 66

Proposal for a regulation

Recital 81 a (new)

Text proposed by the CommissionAmendment
(81a) The outermost regions face specific constraints related to their remoteness, insularity, dependence on imports, energy costs, logistics continuity, access to water, waste management and the availability of industrial land. As a result of these permanent constraints, businesses established in these regions source most of their supplies from their surrounding regional area rather than from the European mainland. In accordance with Article 349 of the TFEU, this Regulation should take these constraints into account in order to support local production capacity, strengthen the resilience of supply chains, improve resource management and reduce dependence on imports in these territories.

Or. en

Amendment 67

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the CommissionAmendment
1. This Regulation aims at improving the functioning of the internal market by establishing a framework to support the development, competitiveness and resilience of the Union's manufacturing sector, with a focus on selected strategic sectors, while contributing to the Union’s climate objective, economic security and the creation, retention of, and transition into high-quality jobs.1. This Regulation aims at improving the functioning of the internal market by establishing a framework to support the development, decarbonisation and resilience of the Union's single market and manufacturing sector, with a focus on selected strategic sector to boost their competitiveness, while contributing to the Union’s climate objective, economic security, energy sovereignty, public order and the creation, retention of, and transition into high-quality jobs.

Or. en

Amendment 68

Proposal for a regulation

Article 1 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) create lead market for certain products in strategic sectors, by laying down Union origin requirements, low-carbon requirements, or both, in the context of public procurement, public support schemes;(b) create lead markets for certain products in strategic sectors, by laying down Union origin requirements and low-carbon requirements, in the context of public procurement and public support schemes, while ensuring compliance with obligations in the fields of social and labour law as applicable;

Or. en

Amendment 69

Proposal for a regulation

Article 2 – paragraph 1

Text proposed by the CommissionAmendment
The Union and Member States shall seek to ensure that by 2035 the manufacturing industry of the Union accounts for at least 20% of the Union’s gross domestic product.The Union and Member States shall seek to ensure that by 2035 the manufacturing industry of the Union accounts for at least 20% of the Union’s gross domestic product, with a special focus on the strategic sectors referred to in Annex I, and contributes to achieving the objectives of the Clean Industrial Deal and those set out in Regulation (EU) 2024/1735, in particular, the manufacturing capacity benchmarks set out in Article 5(1) of that Regulation.

Or. en

Amendment 70

Proposal for a regulation

Article 3 – paragraph 1 – point 1

Text proposed by the CommissionAmendment
(1) ‘industrial manufacturing project’ means the construction, conversion or extension of an industrial site intended for carrying out an economic activity classified under NACE Code C (Manufacturing), with the exception of NACE Code C12;(1) ‘industrial manufacturing project’ means the construction, conversion or extension of an industrial site intended for carrying out an economic activity classified under NACE Code C (Manufacturing), with the exception of NACE Code C12, or an activity classified under NACE Code E38.2 (Materials recovery) where the secondary raw materials produced are intended for use in the sectors listed in Annex I;

Or. en

Amendment 71

Proposal for a regulation

Article 3 – paragraph 1 – point 9

Text proposed by the CommissionAmendment
(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the dealer and the fulfilment service provider and, for the purposes of public procurement procedures, it means economic operator as set out in Article 5, point (2), of Directive 2014/23/EU, Article 2(1), point (10), of Directive 2014/24/EU and Article 2, point (6), of Directive 2014/25/EU;(9) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor, the dealer and the fulfilment service provider or any other natural or legal person subject to obligations relating to the manufacturing of products, their making available on the market, or their putting into service, in accordance with the applicable Union harmonisation legislation, and, for the purposes of public procurement procedures, it means economic operator as set out in Article 5, point (2), of Directive 2014/23/EU, Article 2(1), point (10), of Directive 2014/24/EU and Article 2, point (6), of Directive 2014/25/EU;

Or. en

Amendment 72

Proposal for a regulation

Article 3 – paragraph 1 – point 16

Text proposed by the CommissionAmendment
(16) ‘sustainable carbon sources’ means biomass that complies with the sustainability criteria laid down in Article 29 of Directive (EU) 2018/2001, waste and carbon from capturing carbon dioxide emissions.(16) ‘sustainable carbon sources’ means biomass that complies with the principle of cascading use of biomass and the sustainability criteria laid down in Article 3(3) and Article 29, respectively, of Directive (EU) 2018/2001, waste, carbon from capturing carbon dioxide emissions from industrial process emissions and carbon recovered from recycling processes excluding carbon captured in the production, refinery and processing of fossil fuels and in electricity generation using fossil fuels.

Or. en

Amendment 73

Proposal for a regulation

Article 3 – paragraph 1 – point 26

Text proposed by the CommissionAmendment
(26) ‘e-powertrain components’ means power electronics, transport propulsion electric motors and e-axles and their components, rotors and stators;(26) ‘e-powertrain components’ means power electronics, transport propulsion electric motors and e-axles and their components, rotors, stators and permanent magnets;

Or. en

Amendment 74

Proposal for a regulation

Article 3 – paragraph 1 – point 30 a (new)

Text proposed by the CommissionAmendment
(30a) 'Maritime manufacturing industry' covers shipyards and maritime equipment manufacturers, including their direct suppliers of components and materials;

Or. en

Amendment 75

Proposal for a regulation

Article 3 – paragraph 1 – point 41 a (new)

Text proposed by the CommissionAmendment
(41a) 'processed' means, in the context of steel products, the solid-state reduction of iron ore into metallic iron through the application of a reducing gas or agent, excluding any subsequent briquetting, handling or transportation operations; steel scrap used as an input in the production of steel shall not be considered as primary iron input;

Or. en

Amendment 76

Proposal for a regulation

Article 3 – paragraph 1 – point 41 b (new)

Text proposed by the CommissionAmendment
(41b) 'Union value added' means, for a given product or component, the portion of its ex-works price that remains after deducting the customs value of all materials and components not originating in the Union that are incorporated into that product or component, calculated in accordance with Articles 70 and 74 of Regulation (EU) No 952/2013 and in accordance with the methodology set out in the implementing act referred to in Article 16(3) of this Regulation.

Or. en

Amendment 77

Proposal for a regulation

Article 4 – title

Text proposed by the CommissionAmendment
Single access pointsSingle digital access points

Or. en

Amendment 78

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the CommissionAmendment
1. Member States shall set up a single access point at national level for the submission by project promoters of the single application for industrial manufacturing projects referred to in Article 5(1).1. By 31 December 2027, Member States shall set up a single digital access point at national level for the submission by project promoters of the single application for industrial manufacturing projects referred to in Article 5(1).

Or. en

Amendment 79

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 1

Text proposed by the CommissionAmendment
The single access points shall automatically attribute the permit applications to the relevant authority, inform the applicant about all steps of the permit-granting procedure, the status of the procedure and of the decisions of the relevant authorities, and enable the applicant to check compliance with applicable deadlines. To that effect the single access points shall use the European Business Wallets established pursuant to [Proposal for a Regulation on the establishment of European Business Wallets].The single digital access points shall automatically attribute the permit applications to the relevant authority, inform the applicant about all steps of the permit-granting procedure, the status of the procedure and of the decisions of the relevant authorities, and enable the applicant to check compliance with applicable deadlines. To that effect the single digital access points shall use the European Business Wallets established pursuant to [Proposal for a Regulation on the establishment of European Business Wallets].

Or. en

Amendment 80

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 2 – introductory part

Text proposed by the CommissionAmendment
Through the use of European Business Wallets, the single access points shall enable:Through the use of European Business Wallets, the single digital access points shall enable:

Or. en

Amendment 81

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 2 – point a

Text proposed by the CommissionAmendment
(a) interoperability and automated data exchange between competent authorities;(a) interoperability and automated data exchange between competent authorities; in particular between the single point of contacts and the digital systems established pursuant to Regulation (EU) 2024/1735;

Or. en

Amendment 82

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the CommissionAmendment
3. When setting up the single access points, Member States shall, where appropriate, make use of existing Union digital infrastructure, catalogues and building blocks established by Union law.3. When setting up the single digital access points, Member States shall, where appropriate, make use of existing Union digital infrastructure, catalogues and building blocks established by Union law.

Or. en

Amendment 83

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. Member States shall ensure that project promoters, in particular small and medium-sized enterprises, have access to effective human support, throughout the permitting procedure, provided free of charge and within a reasonable timeframe, for the use of the single digital access point.

Or. en

Amendment 84

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the CommissionAmendment
2. Member States shall designate a competent authority to coordinate the permit-granting procedure referred to in paragraph 1 in order to ensure the adoption and issue of a comprehensive decision within the applicable time limit.2. Member States shall establish or designate one or more competent authorities as the single point of contact at the relevant administrative level to coordinate the permit-granting procedure referred to in paragraph 1 in order to ensure the adoption and issue of a comprehensive decision within the applicable time limit. Member States may designate the authority or authorities already established as the single point of contact pursuant to Article 6 of Regulation (EU) 2024/1735.

Or. en

Amendment 85

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
No later than 45 days from the receipt of the application for a permit for industrial manufacturing projects, the competent authority shall either acknowledge that the application is complete or request any missing information needed to process the application.No later than 45 days from the receipt of the application for a permit for industrial manufacturing projects, the single point of contact concerned shall either acknowledge that the application is complete, or if the project promoter has not sent all the information necessary to process the application, the single point of contact shall without undue delay request the project promoter to submit a complete application and it shall specify the missing information.

Or. en

Amendment 86

Proposal for a regulation

Article 5 – paragraph 3 – subparagraph 2

Text proposed by the CommissionAmendment
Where, after the submission of any missing information, the application is still deemed to be incomplete, the competent authority may, within 30 days of the submission of the requested missing information, make a second request for any information still missing. The competent authority shall not request information in areas not covered in the first request for additional information and shall request further information only as necessary to cover the missing information.If, after the submission of any missing information, the application is still deemed to be incomplete, the single point of contact may, within 30 days of the submission of the requested missing information, make a second request for any information still missing. The single point of contact shall not request information in areas not covered in the first request for additional information and shall only be entitled to request additional elements to complete the previously identified missing information. The date of confirmation of the completeness of the application by the single point of contact shall be the starting point of the permit-granting procedure for that particular application.

Or. en

Amendment 87

Proposal for a regulation

Article 6 – title

Text proposed by the CommissionAmendment
Energy-intensive industry decarbonisation projectsPermit-granting procedure for energy-intensive industry decarbonisation projects

Or. en

Amendment 88

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
1. For the purposes of this Chapter, content of Union origin refers to content originating in the Union.1. For the purposes of this Chapter, content of Union origin refers to content originating in the European Union.

Or. en

Amendment 89

Proposal for a regulation

Article 7 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. The Commission shall review the definition of the last substantial transformation referred in Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council for products and components covered by this Chapter with the aim of including a minimum 50% of Union added value for those products and components with the aim to avoid circumvention of the rules of origin.

Or. en

Amendment 90

Proposal for a regulation

Article 7 – paragraph 2 b (new)

Text proposed by the CommissionAmendment
2b. With respect to the Union-origin requirements referred to in Article 11, the Commission may adopt delegated acts in accordance with Article 30 in order to establish, in whole or in part, content originating in a third country to be of Union origin if all the following conditions are fulfilled:
(a) the third country has provided, in law and in practice, national treatment related to Union products or entities under agreements establishing a free trade area or a customs union or the Agreement on Government Procurement, in relation to all the sectors listed in Annex I;
(b) such inclusion is consistent with the objective to avoid dependencies and with the objective of strengthening the economic security of the Union, including the security of supply chains for the products in question, energy security, and the resilience of the Single Market;
(c) the third country has a legal framework for competition that is substantially equivalent to that applying in the Union single market, including in respect to environmental due diligence and greenhouse gas emission reporting, and has ratified and effectively implements the ILO Fundamental Conventions;
(d) the third country complies with the commitment to implement the Paris Agreement through its national determined contributions and implements domestic carbon prices mechanisms or measures having equivalent effects;
(e) the third country protects and promotes human rights by implementing the United Nations Global Compact and the United Nations Guiding Principles on Business and Human Rights;
(f)the third country has established, or is committed to establishing within a defined timeframe, demand-side measures for low-carbon industrial products comparable to those provided for in this Regulation and which provide national treatment to Union products or entities;
(g) the inclusion of the third country does not entail a risk of circumvention of the Union origin requirements set out in this Regulation, in particular through the re-export of products or components originating in third countries which are not contained in a delegated act adopted based on this Article, or through the establishment on its territory of undertakings owned and controlled by entities established in third countries that are not within the scope of this Article with the purpose to access to the Union market for such products or components.
Where the above conditions are no longer met, the Commission shall adopt a delegated act in accordance with Article 30 to exclude in whole or in part a third country from any delegated act adopted on this paragraph.

Or. en

Amendment 91

Proposal for a regulation

Article 7 – paragraph 2 c (new)

Text proposed by the CommissionAmendment
2c. By way of derogation from any delegated acts adopted based on paragraph 2b, with respect to the Union origin requirements referred to in Article 12, content of Union origin refers to content originating in the Union pursuant to paragraphs 1 and 2 of this Article.

Or. en

Amendment 92

Proposal for a regulation

Article 7 – paragraph 2 d (new)

Text proposed by the CommissionAmendment
2d. When applying paragraph 2b, the Commission shall give priority to European countries, in line with the European dimension of the Union as reflected in the Treaties, in particular Article 49 of the Treaty on European Union, and if necessary for taking into account the integration of those countries in Union value chains, in particular the countries of the EEA, EFTA and the United Kingdom.

Or. en

Amendment 93

Proposal for a regulation

Article 8

Text proposed by the CommissionAmendment
Article 8deleted
Content equivalent to Union origin in public procurement
1. With respect to the Union origin requirements referred to in Article 11, content originating in third countries with which the Union has concluded an agreement establishing a free trade area or a customs union, or that are parties to the Agreement on Government Procurement, where relevant obligations of the Union exist under that agreement, shall be deemed to be of Union origin.
2. The Commission shall adopt delegated acts in accordance with Article 30 to exclude, in whole or in part, a third country from the scope of paragraph 1 based on any of the following criteria:
(a) that third country has failed to provide national treatment related to Union products or entities under the agreements referred to in paragraph 1 in relation to any of the sectors listed in Annex I;
(b) such exclusion is justified to avoid dependencies or any other developments that may threaten the security of supply in the Union of the products in question;
(c) such exclusion is justified under any other exception under the applicable agreement.

Or. en

Amendment 94

Proposal for a regulation

Article 9

Text proposed by the CommissionAmendment
Article 9deleted
Content equivalent to Union origin in other forms of public intervention
1. With respect to the Union origin requirements set out in Article 12, content originating in third countries with which the Union has concluded an agreement establishing a free trade area or a customs union shall be deemed to be of Union origin.
2. The Commission shall adopt delegated acts in accordance with Article 30 to exclude, in whole or in part, a third country from the scope of paragraph 1 based on any of the following criteria:
(a) that third country has failed to provide national treatment related to Union products or entities under the agreements referred to in paragraph 1 in relation to any of the sectors listed in Annex I;
(b) such exclusion is justified to avoid dependencies or any other developments that may threaten the security of supply in the Union of the products in question;
(c) such exclusion is justified under any other exception under the applicable agreement.

Or. en

Amendment 95

Proposal for a regulation

Article 10 – paragraph 1 – point c (new)

Text proposed by the CommissionAmendment
c) By way of derogation, where the relevant delegated acts referred to in paragraph 1 have not entered into force by 31 December 2027, the Commission shall adopt delegated acts in accordance with Article 30 establishing, for the purposes of this Chapter, the performance requirements concerning the carbon footprint for products covered in Annex II. For construction products, such requirements shall be developed irrespective of any prior standardisation request, in alignment with Article 5(5), Article and 22(9) of Regulation (EU) 2024/3110. For all other products, they shall be consistent with Article (4) of Regulation (EU) 2024/1781. The requirements shall apply until the corresponding measures under Regulation (EU) 2024/3110 or Regulation (EU) 2024/1781 become applicable.
A product covered by Annex II shall be considered low-carbon where it falls within the two highest performance classes.

Or. en

Amendment 96

Proposal for a regulation

Article 10 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. The Commission shall adopt delegated acts referred to in points (a) and (b) with the aim of recognising the use of recycled materials, secondary raw materials and scrap as contributing to the low-carbon classification of the products concerned, on the basis of an equivalent or preferential treatment compared to alternative production pathways.

Or. en

Amendment 97

Proposal for a regulation

Article 10 – paragraph 2 – subparagraph 4 – point e

Text proposed by the CommissionAmendment
(e) the need to incentivise the uptake of recycled materials in all production routes; and(e) the recognition of recycled materials, secondary raw materials and scrap as contribution to the low-carbon classification of products, including through the account for avoided greenhouse gas emissions associated with the use of such materials in production processes;

Or. en

Amendment 98

Proposal for a regulation

Article 11 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. Contracting authorities and contracting entities shall exclude economic operators from access to procurement procedures referred to in Part I of Annex II and Part I of Annex III where such operators do not comply with applicable obligations in the fields of social and labour law established by Union law, national law, collective agreements, or by the fundamental ILO conventions.

Or. en

Amendment 99

Proposal for a regulation

Article 11 – paragraph 3 – introductory part

Text proposed by the CommissionAmendment
3. Contracting authorities and contracting entities may decide not to apply the requirements set out in Annexes II and III where any of the following conditions are fulfilled:3. Contracting authorities and contracting entities may decide, subject to justification, not to apply the requirements set out in Annexes II and III where any of the following conditions are fulfilled:

Or. en

Amendment 100

Proposal for a regulation

Article 11 – paragraph 3 – point a

Text proposed by the CommissionAmendment
(a) the required products or services can only be supplied by one specific economic operator, and no reasonable alternative or substitute exists, and the absence of competition is not the result of an artificial narrowing down of the parameters of the public procurement procedure;(a) the required products or services can only be supplied by one specific economic operator, and no alternative or substitute exists, and the absence of competition is not the result of an artificial narrowing down of the parameters of the public procurement procedure;

Or. en

Amendment 101

Proposal for a regulation

Article 11 – paragraph 3 – point c

Text proposed by the CommissionAmendment
(c) their application would require a contracting authority or contracting entity to acquire goods, services or works having disproportionate costs or would result in technical incompatibility in their operation and maintenance. Estimated cost differences exceeding 25%, based on objective and transparent data, may be presumed by contracting authorities and contracting entities to be disproportionate.(c) their application would require a contracting authority or contracting entity to acquire goods, services or works having disproportionate costs or would result in technical incompatibility in their operation and maintenance. Estimated cost differences exceeding 40% of total contract value, based on objective and transparent data, may be presumed by contracting authorities and contracting entities to be disproportionate until the adoption of the delegated act referred to in Article 16(3b).

Or. en

Amendment 102

Proposal for a regulation

Article 11 – paragraph 4

Text proposed by the CommissionAmendment
4. Contracting authorities and contracting entities shall require economic operators supplying products or services to submit a self-declaration, or an equivalent document, demonstrating compliance with the requirements set out in this Article.4. Contracting authorities and contracting entities shall require economic operators supplying products or services to submit a self-declaration, or an equivalent document, demonstrating compliance with the requirements set out in this Article. At any time during the procedure, contracting authorities and contracting entities may require the economic operator to provide all or part of the supporting documents necessary to substantiate that self-declaration in accordance with Directive 2014/23/EU, 2014/24/EU or 2014/25/EU and carry out risk-based checks on the accuracy of the declarations.

Or. en

Amendment 103

Proposal for a regulation

Article 11 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. Where a breach of the requirements set out in this Article has been established by a final decision of a competent authority, contracting authorities and contracting entities shall take appropriate measures in accordance with Union and national law, including exclusion from the procurement procedure, termination of the contract, or other remedies provided for under applicable law.

Or. en

Amendment 104

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
Without prejudice to Articles 107 and 108 TFEU, Member States shall design public support schemes in a way that they contribute to the objective of strengthening the Union’s strategic industrial value chains through the Union origin requirements, low-carbon content requirements, or both, laid down in Part II of Annex II and Part II of Annex III, in accordance with Articles 9 and 10 and without prejudice to Article 13.Without prejudice to Articles 107 and 108 TFEU, Member States shall design public support schemes in a way that they contribute to the objectives of strengthening the Union’s strategic industrial value chains through the Union origin requirements and low-carbon content requirements, laid down in Part II of Annex II and Part II of Annex III, in accordance with Article 7, paragraphs 1 and 2 and Article 10 and without prejudice to Article 13, while ensuring that they comply with applicable social and labour law.

Or. en

Amendment 105

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the CommissionAmendment
When designing such public support schemes, Member States shall include appropriate measures to discourage the relocation of supported manufacturing activities outside the territory of the Union for a period of five years from the date on which the support is granted, or three years in the case of SMEs. Where a supported manufacturing activity is relocated outside the territory of the Union within that period, the competent authority shall recover the support granted.

Or. en

Amendment 106

Proposal for a regulation

Article 12 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
Member States shall apply the requirements referred to in the first subparagraph to public support schemes accounting for at least 45% of the total national budget allocated to the public support schemes covered by Part II of Annex II and accounting for 100% of the total national budget allocated to the public support schemes covered by Part II of Annex III.Member States shall apply the requirements referred to in the first subparagraph to public support schemes accounting for at least 90% of the total national budget allocated to the public support schemes covered by Part II of Annex II and accounting for 100% of the total national budget allocated to the public support schemes covered by Part II of Annex III.

Or. en

Amendment 107

Proposal for a regulation

Article 12 – paragraph 3 – point b

Text proposed by the CommissionAmendment
(b) would incur disproportionate costs. Disproportionate costs shall be presumed to exist where, based on objective, transparent and verifiable data, compliance would increase the cost of the underlying final product or technology by more than 30%.(b) would incur disproportionate costs. Disproportionate costs shall be presumed to exist where, based on objective, transparent and verifiable data, compliance would increase the cost of the underlying final product or technology by more than 40%, until the adoption of the delegated act by the Commission referred to in Article 16(3b).

Or. en

Amendment 108

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the CommissionAmendment
This ‘made in the European Union’ criterion shall be considered equivalent to the ‘Union origin’ referred to in Article 7 of this Regulation.This ‘made in the European Union’ criterion shall be considered equivalent to the ‘Union origin’ referred to in Article 7 paragraphs 1 and 2 of this Regulation.

Or. en

Amendment 109

Proposal for a regulation

Article 14 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
This ‘made in the EU’ criterion shall be considered equivalent to the ‘Union origin’ referred to in Article 7 of this Regulation.This ‘made in the EU’ criterion shall be considered equivalent to the ‘Union origin’ referred to in Article 7, paragraphs 1 and 2 of this Regulation.

Or. en

Amendment 110

Proposal for a regulation

Article 14 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) ‘made in the EU’ shall be equivalent to the ‘Union origin’ referred to in Article 7 of this Regulation.(b) ‘made in the EU’ shall be equivalent to the ‘Union origin’ referred to in Article 7 paragraphs 1,2 of this Regulation.

Or. en

Amendment 111

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the CommissionAmendment
The Commission is empowered to adopt delegated acts in accordance with Article 30 to supplement this Regulation by laying down Union-level demand-side measures for products from the chemical industry in order to promote the following activities:The Commission is empowered to adopt delegated acts in accordance with Article 30 to supplement this Regulation, as soon as possible and no later than 9 months from the entry into force of this Regulation, by laying down Union-level demand-side measures, including Union content requirements, for products from the chemical industry in order to promote the following activities:

Or. en

Amendment 112

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 1 – point a

Text proposed by the CommissionAmendment
(a) the production and sales of substances and mixtures of Union origin derived from sustainable carbon sources;(a) the production and sales of substances and mixtures of Union origin derived from sustainable and low-carbon sources;

Or. en

Amendment 113

Proposal for a regulation

Article 16 – paragraph 1 – subparagraph 1 – point b

Text proposed by the CommissionAmendment
(b) the use in products made available on the market of substances and mixtures of Union origin derived from sustainable carbon sources.(b) the use in products made available on the market of substances and mixtures of Union origin derived from sustainable and low-carbon sources.

Or. en

Amendment 114

Proposal for a regulation

Article 16 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. The Commission is empowered to adopt delegated acts in accordance with Article 30 to supplement this Regulation as soon as possible and no later than 9 months from the entry into force of this Regulation by laying down Union-level demand-side measures, including content requirements, for vessels and maritime equipment, including:
(a) a minimum percentage of European content, expressed as a percentage of the total value of the vessel or maritime equipment; and
(b) a list of the strategic maritime equipment and technologies, for which EU-origin products is required as a condition for eligibility under public procurement procedures and public support schemes.
When preparing of the delegated acts, the Commission shall take into account:
(a) the contribution of the requirements to the Union’s objective of economic security, resilience and climate neutrality set out in Regulation (EU) 2021/1119;
(b) the market situation at Union level, as identified through monitoring activities, including declining Union market shares and Union industry that is producing below capacity;
(c) the impact of setting such measures on the overall competitiveness and greenhouse gas emissions of the relevant sectors, as well as on costs for downstream consumers and small and medium enterprises and public budgets.

Or. en

Amendment 115

Proposal for a regulation

Article 16 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. In the case of a crisis or emergency situation that threatens economic security, resilience or climate neutrality, such as a decline in Union market shares, a loss of viability for Union industry, a deterioration of overall competitiveness, or a rise in greenhouse gas emissions in the relevant sectors, the Commission is empowered to adopt delegated acts in accordance with Article 30 to supplement this Regulation by laying down Union-level demand-side measures, including content requirements, for products or components originating from the sector affected by such crisis or emergency situations. Such measures shall aim to promote the production and use of goods of Union origin derived from sustainable and low-carbon sources. In the preparation of the delegated acts, the Commission shall take into account:
(a) the contribution of the requirements to the Union’s objective of economic security, resilience and climate neutrality set out in Regulation (EU) 2021/1119;
(b) the market situation at Union level, as identified through monitoring activities, including declining Union market shares and Union industry that is producing below capacity;
(c) the impact of setting such measures on the overall competitiveness and greenhouse gas emissions of the relevant sectors, as well as on costs for downstream consumers and small and medium enterprises and public budgets.

Or. en

Amendment 116

Proposal for a regulation

Article 16 – paragraph 3 b (new)

Text proposed by the CommissionAmendment
3b. The Commission shall, by [OP: Please insert the date = six months after the date of entry into force of this Regulation], adopt a delegated act in accordance with Article 30 to supplement this Regulation by specifying the cost differences referred to in Articles 11 and 12 by category of products covered by Annex II.
That delegated act shall be based on objective, transparent and verifiable sectoral data, in particular:
(a) the availability of the products concerned in the Union;
(b) the cost structure of the products concerned;
(c) the market dynamics at Union level;
(d) the evolution of the cost difference gap between products meeting the Union origin requirements and low-carbon requirements, and products not meeting those requirements originating in the Union and equivalent products originating in third countries.
The Commission shall review the delegated act at least every three years to reflect market developments.

Or. en

Amendment 117

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
This Chapter shall apply to foreign direct investments exceeding a value of EUR 100 million in the emerging strategic manufacturing sectors referred to in paragraph 2, where more than 40 % of the global manufacturing capacity is held by the third country of which the foreign investor is a national or undertaking.This Chapter shall apply to foreign direct investments made by a foreign investor or a foreign investor's subsidiary exceeding a value of EUR 50 million in the emerging strategic manufacturing sectors referred to in paragraph 2, where more than 40 % of the global manufacturing capacity is held by the third country of which the foreign investor is a national or undertaking.

Or. en

Amendment 118

Proposal for a regulation

Article 17 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
Such investments shall not be implemented unless explicitly approved by the Investment Authority or the European Commission, referred to in Article 19, in accordance with the provisions laid down in this Chapter.Such investments shall not be implemented unless formally approved by the Investment Authority or the European Commission, referred to in Article 19, in accordance with the provisions laid down in this Chapter.

Or. en

Amendment 119

Proposal for a regulation

Article 17 – paragraph 2 – point c

Text proposed by the CommissionAmendment
(c) solar PV technologies;(c) solar technologies;

Or. en

Justification

solar technologies include solar PV and solar thermal technologies

Amendment 120

Proposal for a regulation

Article 17 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. When the foreign direct investments concern the technologies under points (b), (d), (e), (h), (k), Art. 4(1) of Regulation (EU) 2024/1735, this chapter applies, as provided in Article 21a.

Or. en

Amendment 121

Proposal for a regulation

Article 17 – paragraph 3 – point a

Text proposed by the CommissionAmendment
(a) investors and investments covered by economic partnership and free trade agreements in force or provisionally applied by the Union to the extent relevant commitments have been made under those agreements, including investments made by the Union subsidiaries of such foreign investors;(a) investors and investments covered by economic partnership and free trade agreements in force or provisionally applied by the Union to the extent relevant commitments have been made under those agreements, including investments made by the Union subsidiaries of such foreign investors, except with regard to foreign investors' subsidiaries whose foreign investor is established in the country that meets the criteria set out in paragraph 1 of this Article;

Or. en

Amendment 122

Proposal for a regulation

Article 18 – paragraph 2 – introductory part

Text proposed by the CommissionAmendment
2. From [OP insert date: 12 month after entry into force of this Regulation], Investment Authorities shall only approve foreign direct investments made directly by foreign investors that fulfil either four or more of the following six conditions:2. From [OP insert date: 6 months after entry into force of this Regulation], Investment Authorities shall only approve foreign direct investments made directly by foreign investors or foreign investors' subsidiaries that fulfil the following six conditions:

Or. en

Amendment 123

Proposal for a regulation

Article 18 – paragraph 2 – point a

Text proposed by the CommissionAmendment
(a) foreign investors do not acquire, hold, or exercise ownership interests representing more than 49% of the share capital, voting rights, or equivalent ownership interests in any Union target, or equivalent ownership, leasehold or other rights conferring control over a Union asset;(a) foreign investors or foreign investors' subsidiaries do not acquire, hold, or exercise ownership interests representing more than 49% of the share capital, voting rights, or equivalent ownership interests in any Union target, or equivalent ownership, leasehold or other rights conferring control over a Union asset;

Or. en

Amendment 124

Proposal for a regulation

Article 18 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) foreign investor undertakes the direct investment through a joint venture with one or more Union entities, with the foreign investor holding no more than 49% of the share capital, voting rights, or equivalent ownership interests or other rights conferring control in any of the Union entities participating in the joint venture. Such joint ventures shall be structured to ensure effective participation of Union partners in management, technology transfer, and capacity building;(b) foreign investor or foreign investors' subsidiaries undertake the direct investment through a joint venture with one or more Union entities, with the foreign investor holding no more than 49% of the share capital, voting rights, or equivalent ownership interests or other rights conferring control in any of the Union entities participating in the joint venture. Such joint ventures shall be structured to ensure effective participation of Union partners in management, technology transfer, and capacity building;

Or. en

Amendment 125

Proposal for a regulation

Article 18 – paragraph 2 – point c

Text proposed by the CommissionAmendment
(c) foreign investors have entered into agreements providing for the licensing of their intellectual property rights and of their know-how to the benefit of the Union Target, or the Union asset, to enable it to carry out its economic activities in the context of the foreign direct investment. All intellectual property rights or assets developed by the Union Target or the legal entity owning the Union asset prior to the foreign investment or without the collaboration of the foreign investor shall be fully and exclusively owned by the Union Target or the legal entity of the Union asset. All intellectual property rights or assets either developed in that context as a result of a collaboration with the foreign investor’s other business assets, or in the case of point b, developed by the joint venture, shall be owned jointly by the Foreign Investor and the Union Target, the joint venture defined in point b or the legal entity owning the Union asset;(c) foreign investors or foreign investors' subsidiaries have entered into contracts or agreements providing for the licensing of their intellectual property rights and of their know-how to the benefit of the Union Target, or the Union asset, to enable it to carry out its economic activities in the context of the foreign direct investment. The Union target or the Union asset shall share information about the contract or the licencing agreement with the Investment Authority and the Commission, as appropriate, and in a manner equivalent to the information the foreign investor or the foreign investor’s subsidiary has to provide to the authorities of the country of origin. All intellectual property rights or assets developed by the Union Target or the legal entity owning the Union asset prior to the foreign investment or without the collaboration of the foreign investor shall be fully and exclusively owned by the Union Target or the legal entity of the Union asset. All intellectual property rights or assets either developed in that context as a result of a collaboration with the foreign investor’s other business assets, or in the case of point b, developed by the joint venture, shall be owned jointly by the Foreign Investor and the Union Target, the joint venture defined in point b or the legal entity owning the Union asset; all intellectual property rights or assets developed by the Union Target or the legal entity owning the Union asset prior to the foreign investment or without the collaboration of the foreign investors or the foreign investor’s subsidiary, as well as the intellectual property rights developed after the foreign investment shall not be transferred outside the Union without authorisation by the Investment Authority or the Commission as appropriate;

Or. en

Amendment 126

Proposal for a regulation

Article 18 – paragraph 2 – point d

Text proposed by the CommissionAmendment
(d) the foreign investor annually directs to research and development spending in the Union an amount equivalent to at least 1% of the gross annual revenue of the Union target, or the gross annual revenue generated by the Union asset, as applied in proportion to the foreign investor’s share of control;(d) the foreign investor or foreign investors' subsidiaries annually directs to research and development spending in the Union an amount equivalent to at least 1% of the gross annual revenue of the Union target, or the gross annual revenue generated by the Union asset, as applied in proportion to the foreign investor’s share of control;

Or. en

Amendment 127

Proposal for a regulation

Article 18 – paragraph 2 – point e

Text proposed by the CommissionAmendment
(e) at least 50% of the workforce employed in the context of the foreign direct investment, at the time of its implementation and continuously throughout its operation, shall be made up of Union workers across all categories of the workforce, including operational, technical, supervisory, and managerial positions. Such employment shall be accompanied by adequate training and capacity-building measures. Where a Union target or Union asset already performing manufacturing activities before the investment is acquired, including after bankruptcy, maintaining the existing workforce or re-employment of the former workforce shall be prioritised, in accordance with national law and the application of collective agreements. In the event that the foreign investor, the Union target or the Union asset receives public funding, notwithstanding article 107 TFEU, it shall commit not to decrease the number Union workers for a period of five years on pain of recovery by the relevant national authorities, the funding awarded;(e) at least 60% of the workforce employed in each site of the Union target or Union asset in the context of the foreign direct investment, at the time of its implementation and continuously throughout its operation, shall be made up of Union workers across all categories of the workforce, including operational, technical, supervisory, and managerial positions. Such employment shall be accompanied by adequate training and capacity-building measures and ensure decent working conditions for all Union and non-Union workers lawfully working in the Union, fair wages and earnings, working hours, and compliance with all labour standards, social rights and collective agreements. Where a Union target or Union asset already performing manufacturing activities before the investment is acquired, including after bankruptcy, maintaining the existing workforce or re-employment of the former workforce shall be prioritised, in accordance with national law and the application of collective agreements. In the event that the foreign investor, the Union target or the Union asset receives public funding, notwithstanding article 107 TFEU, it shall commit not to decrease the number Union workers for a period of five years on pain of recovery by the relevant national authorities, the funding awarded;

Or. en

Amendment 128

Proposal for a regulation

Article 18 – paragraph 2 – point f

Text proposed by the CommissionAmendment
(f) in the context of the foreign direct investment, the foreign investor prepares and publishes on its website a strategy for enhancing Union value chains and prioritising the sourcing of inputs for the manufacturing activity from the Union and endeavours to source from the Union a minimum of 30% of inputs used for the products placed on the Union market.(f) in the framework of the foreign direct investment, where the third country from which the foreign investor or the foreign investor's subsidiaries originate applies in law or in practice local sourcing requirements, the foreign investor shall source from the Union a minimum of 50% of inputs used for the products placed on the Union market.

Or. en

Amendment 129

Proposal for a regulation

Article 18 – paragraph 3

Text proposed by the CommissionAmendment
3. The foreign direct investment shall comply with the condition referred to in paragraph 2(e) to be approved by the Investment Authority pursuant to paragraph 2.deleted

Or. en

Amendment 130

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the CommissionAmendment
4. Investment Authorities may apply some or all of the conditions set out in paragraph 2 to direct investments made within the Union by a foreign investor’s subsidiary where it is essential to achieve the objectives of this Regulation, under the following conditions:deleted
(a) preventing the circumvention of this Regulation by the foreign investor; or
(b) where no alternative measures, including commitments proposed by the foreign investor or the foreign investor’s subsidiary, are reasonably available and less restrictive of direct investment within the Union in order to meet the objectives of the Regulation.

Or. en

Amendment 131

Proposal for a regulation

Article 18 – paragraph 5

Text proposed by the CommissionAmendment
5. The Commission shall adopt an implementing act, by [OP please insert date: 6 months after entry into force of this Regulation]) to specify the detailed rules for verifying the compliance with the conditions laid down in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).5. The Commission shall adopt an implementing act, by [OP please insert date: 1 month after entry into force of this Regulation]) to specify the detailed rules for verifying the compliance with the conditions laid down in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(3).

Or. en

Amendment 132

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
A foreign investor shall notify any planned direct investment within the scope of Article 17 to the Investment Authority of the Member State where the Union target or Union asset is located, and which would result in control over the Union target or Union asset as laid down in paragraph 3.A foreign investor and a foreign investor's subsidiary shall notify any planned foreign direct investment within the scope of Article 17 to the Investment Authority of the Member State where the Union target or Union asset is located, and which would result in control over the Union target or Union asset as laid down in paragraph 3.

Or. en

Amendment 133

Proposal for a regulation

Article 19 – paragraph 2

Text proposed by the CommissionAmendment
2. For the purposes of determining whether the investment value reaches the threshold set out in Article 17(1), only previous investments of a foreign investor made in the same Union target or Union asset by the foreign investor from [OP please insert the date = the date of the entry into force of this Regulation] shall be aggregated.2. For the purposes of determining whether the investment value reaches the threshold set out in Article 17(1), only previous investments of a foreign investor or a foreign investor's subsidiary made in the same Union target or Union asset by the foreign investor or a foreign investor's subsidiary from [OP please insert the date = the date of the entry into force of this Regulation] shall be aggregated.

Or. en

Amendment 134

Proposal for a regulation

Article 19 – paragraph 3 – introductory part

Text proposed by the CommissionAmendment
3. Foreign investors shall be considered to have control, where the investment in question reaches either of the following threshold:3. Foreign investors and foreign investors' subsidiaries shall be considered to have control, where the investment in question reaches either of the following threshold:

Or. en

Amendment 135

Proposal for a regulation

Article 19 – paragraph 3 – point a

Text proposed by the CommissionAmendment
(a) 30 percent or more share capital or voting rights in a Union target;(a) 10 percent or more share capital or voting rights in a Union target;

Or. en

Amendment 136

Proposal for a regulation

Article 19 – paragraph 3 – point b

Text proposed by the CommissionAmendment
(b) 30 percent or more of ownership of a Union asset, and leasehold or other rights conferring control over a Union asset.(b) 10 percent or more of ownership of a Union asset, and leasehold or other rights conferring control over a Union asset.

Or. en

Amendment 137

Proposal for a regulation

Article 19 – paragraph 4

Text proposed by the CommissionAmendment
4. Where a foreign investor's acquisition or establishment of an investment would result in foreign investors collectively holding more than the ownership or control thresholds laid down in paragraph 3, that acquisition or establishment shall be notified.4. Where a foreign investor or a foreign investor’s subsidiary acquisition or establishment of an investment would result in foreign investors collectively holding more than the ownership or control thresholds laid down in paragraph 3, that acquisition or establishment shall be notified.

Or. en

Amendment 138

Proposal for a regulation

Article 19 – paragraph 6 – subparagraph 1

Text proposed by the CommissionAmendment
Where the relevant Union targets or assets are located in more than one Member State, the foreign investor shall notify the competent Investment Authorities of all Member States concerned and the Commission on the same day with reference to the other notifications. The Member States concerned shall coordinate the review of such notifications and agree on the conditions imposed with the other Member States concerned, as well as with the Commission.Where the relevant Union targets or assets are located in more than one Member State, the foreign investor or the foreign investor's subsidiary shall notify the competent Investment Authorities of all Member States concerned and the Commission on the same day with reference to the other notifications. The Member States concerned shall coordinate the review of such notifications, as well as with the Commission.

Or. en

Amendment 139

Proposal for a regulation

Article 19 – paragraph 6 – subparagraph 2

Text proposed by the CommissionAmendment
The Commission shall decide which conditions shall be applied to the foreign direct investment in case there is no agreement between the Member States concerned.The Commission shall decide in case there is a disagreement between the Member States concerned to ensure that the conditions set out in Art. 18(2) are applied uniformly in the Member States concerned.

Or. en

Amendment 140

Proposal for a regulation

Article 20 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
The Investment Authority shall decide on the admissibility of the notification pursuant to Articles 17 and 19 within 30 days of receiving the notification. That deadline may be extended by a further 15 days where the Investment Authority demonstrates satisfactorily that an extension is justified by the circumstances.The Investment Authority shall decide on the admissibility of the notification pursuant to Articles 17 and 19 within 30 days of receiving the notification. That deadline may be extended by a further 15 days where the Investment Authority can justify that such extension is necessary in the given circumstances.

Or. en

Amendment 141

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 1

Text proposed by the CommissionAmendment
Within 30 days after receiving the notification, the Commission may issue a written opinion on whether the foreign direct investment falls within the scope of Articles 17 and 19, whether it fulfils the conditions laid out in Article 18(2), and whether the Investment Authority is to approve the investment or not.Within 30 days after receiving the notification, the Commission shall issue a written opinion on whether the foreign direct investment falls within the scope of Articles 17 and 19, whether it fulfils the conditions laid out in Article 18(2), and whether the Investment Authority is to approve the investment or not and transmit it to the Investment Authority without delay.

Or. en

Amendment 142

Proposal for a regulation

Article 20 – paragraph 2 – subparagraph 2

Text proposed by the CommissionAmendment
Where the Commission issues a written opinion, it shall transmit it to the Investment Authority without delay. The Commission may share the written opinion with the Investment Authorities of other Member States or publish the written opinion on its official website, with due regard to confidentiality.The Commission shall share the written opinion with the Investment Authorities of other Member States or publish the written opinion on its official website, with due regard to confidentiality.

Or. en

Amendment 143

Proposal for a regulation

Article 20 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
No sooner than receiving the opinion of the Commission or the lapse of the deadline referred to in paragraph 2 and no later than 60 days, or 75 days if the deadline was extended in accordance with paragraph 1, after receipt of the notification, the Investment Authority shall issue a reasoned decision approving or declining the foreign direct investment. The Investment Authority shall approve the foreign direct investment if it fulfils 4 out of 6 conditions set out in Article 18. The deadline for issuing the reasoned decision may be extended by a further 30 days where the Investment Authority demonstrates satisfactorily that an extension is justified by the circumstances.No sooner than receiving the opinion of the Commission or the lapse of the deadline referred to in paragraph 2 and no later than 60 days, or 75 days if the deadline was extended in accordance with paragraph 1, after receipt of the notification, the Investment Authority shall issue a reasoned decision approving or declining the foreign direct investment. The Investment Authority shall approve the foreign direct investment if it fulfils all 6 conditions set out in Article 18. The deadline for issuing the reasoned decision may be extended by a further 30 days where the Investment Authority demonstrates satisfactorily that an extension is justified by the circumstances.

Or. en

Amendment 144

Proposal for a regulation

Article 20 – paragraph 4 – subparagraph 2

Text proposed by the CommissionAmendment
Investment Authorities shall, in their reasoned decision issued pursuant to paragraph 3, justify how the opinion of the Commission was taken into account.Investment Authorities shall, in their reasoned decision issued pursuant to paragraph 3, provide explanations and justifications regarding how the opinion of the Commission was taken into account.

Or. en

Amendment 145

Proposal for a regulation

Article 20 – paragraph 5

Text proposed by the CommissionAmendment
5. The Investment Authority shall, in its approval decision, set out reporting obligations on the investor concerned, with a view to assessing the continuous fulfilment of the conditions laid down in Article 18.5. The Investment Authority shall, in its approval decision, set out reporting obligations on the investor concerned, with a view to ensuring the enforcement of the conditions laid down in Article 18.

Or. en

Amendment 146

Proposal for a regulation

Article 21 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. Following the notification referred to in Article 19(1), the Commission may decide to undertake the assessment of the foreign direct investment in the following circumstances:1. Following the notification referred to in Article 19(1), the Commission shall decide to undertake the assessment of the foreign direct investment in one or more of the following circumstances:

Or. en

Amendment 147

Proposal for a regulation

Article 21 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) on its own initiative, where the foreign direct investment has value exceeding EUR 1 billion.(c) on its own initiative, where the foreign direct investment has value exceeding EUR 500 million;

Or. en

Amendment 148

Proposal for a regulation

Article 21 – paragraph 1 – point c a (new)

Text proposed by the CommissionAmendment
(ca) on its own initiative, where the foreign investment concerns the extraction, processing and recycling of critical raw materials.

Or. en

Amendment 149

Proposal for a regulation

Article 21 – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) it has considerable economic impact on the territory of more than one Member State;(b) it has considerable economic and social impact on the territory of more than one Member State;

Or. en

Amendment 150

Proposal for a regulation

Article 21 – paragraph 3 – subparagraph 1

Text proposed by the CommissionAmendment
Following the notification referred to in Article 19(1), the Commission may decide to undertake the assessment of an investment referred to in Article 18(4). The Commission may carry out its assessment on its own initiative, or at the request of an Investment Authority handling a notification, or an Investment Authority of another Member State on which the foreign direct investment in question would have a significant impact.deleted

Or. en

Amendment 151

Proposal for a regulation

Article 21 – paragraph 3 – subparagraph 2

Text proposed by the CommissionAmendment
Based on its assessment, the Commission may require the Investment Authority to apply in a proportionate manner, or not to apply, some or all the conditions set out in Article18(2).Based on its assessment, the Commission may require the Investment Authority to apply in a proportionate manner the conditions set out in Article18(2).

Or. en

Amendment 152

Proposal for a regulation

Article 21 – paragraph 3 – subparagraph 2 a (new)

Text proposed by the CommissionAmendment
In cases where the foreign investment concerns extraction, processing and recycling of critical raw materials and where Union funding is involved, the Commission may instruct the Investment Authority to reject the proposed foreign investment.

Or. en

Amendment 153

Proposal for a regulation

Article 21 a (new)

Text proposed by the CommissionAmendment
Article 21a
Where the foreign direct investment concerns technologies under points (a), (b), (d), (e), (h), (k) of Art. 4(1) of Regulation (EU) 2024/1735, the following conditions shall apply:
a) investment Authorities may approve foreign direct investments made directly by foreign direct investors or foreign direct investors’ subsidiaries that fulfil the conditions set out in points (a), (e), (f) of Article 18 and in compliance with economic security objectives. Investment authorities may reject the proposed foreign direct investment if required by economic security objectives;
b) where the relevant Union targets or assets are located in more than one Member State, the Member States concerned shall coordinate the review of the relevant notifications and agree on the conditions to be applied with the other Member States, as well as with the Commission; the Commission shall decide which conditions shall be applied to the foreign direct investment in where there is no agreement between the Member States concerned;
c) all other provisions in Articles 18, 19, 20, 21 apply mutatis mutandis.

Or. en

Amendment 154

Proposal for a regulation

Article 22 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. In circumstances where non-compliance would prejudice the internal market integrity or the Union supply chain resilience, the Investment Authority may decide to divest the foreign direct investment if no other mitigating measures can ensure compliance with the requirements of this Regulation.

Or. en

Amendment 155

Proposal for a regulation

Article 24 – paragraph 1 – subparagraph 1

Text proposed by the CommissionAmendment
The Commission is empowered to adopt delegated acts in accordance with Article 30 of this Regulation to supplement the list of emerging strategic sectors to be covered by this Chapter to sectors critical to the Union’s economic security including net-zero technologies listed in Article 4(1), points (b), (d), (e), (g), (h), (j), (k), (n), (p), and (s), of Regulation (EU) 2024/1735, nuclear fuel cycle technologies referred to in Article 4(1), point (i), of Regulation (EU) 2024/1735, electric propulsion technologies for transport referred to in Article 4(1), point (r), of Regulation (EU) 2024/1735, and excluding digital technologies, artificial intelligence, quantum technologies and semiconductors.The Commission is empowered to adopt delegated acts in accordance with Article 30 of this Regulation to supplement as appropriate the list of emerging strategic sectors to be covered by this Chapter to sectors critical to the Union’s economic security including net-zero technologies listed in Article 4(1) of Regulation (EU) 2024/1735.

Or. en

Amendment 156

Proposal for a regulation

Article 25 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. Member States which have one or several outermost regions referred to in Article 349 TFEU shall, in addition to the industrial manufacturing acceleration area or areas designated pursuant to paragraph 1, designate at least one industrial manufacturing acceleration area in one of their outermost regions, by the date referred to in paragraph 1. Paragraphs 2 and 3 shall apply, taking into account the specific constraints listed in Article 349 TFEU.

Or. en

Amendment 157

Proposal for a regulation

Article 25 – paragraph 1 b (new)

Text proposed by the CommissionAmendment
1b. Industrial manufacturing projects in the sectors not listed in Annex I may be established within industrial manufacturing acceleration areas where they contribute to, or complement, the strategic industrial value chains within those sectors, provided they do not compromise the deployment of industrial manufacturing projects in strategic sectors listed in Annex I.

Or. en

Amendment 158

Proposal for a regulation

Article 25 – paragraph 2 – point b a (new)

Text proposed by the CommissionAmendment
(ba) the contribution of the industrial manufacturing acceleration area to the decarbonisation of energy-intensive industries and to the achievement of the Union's climate objectives set out in Regulation (EU) 2021/1119, including through the deployment or the enabling of low-carbon industrial processes;

Or. en

Amendment 159

Proposal for a regulation

Article 25 – paragraph 3 – point c

Text proposed by the CommissionAmendment
(c) prioritise locations outside Natura 2000 sites and outside areas designated under national protection schemes for nature and biodiversity conservation, as well as other areas identified on the basis of sensitivity maps and outside protected areas as referred to in Article 6 of Directive 2000/60/EC;(c) exclude Natura 2000 sites and areas designated under national protection schemes for nature and biodiversity conservation, as well as other areas identified on the basis of sensitivity maps and outside protected areas as referred to in Article 6 of Directive 2000/60/EC;

Or. en

Amendment 160

Proposal for a regulation

Article 25 – paragraph 4 – point d

Text proposed by the CommissionAmendment
(d) the feasibility of connecting the acceleration area with sufficient low-carbon energy supply for the acceleration of industrial manufacturing activity;(d) the feasibility of ensuring the timely connection in the acceleration area with sufficient low-carbon energy supply for the acceleration of industrial manufacturing activity; the availability of existing and planned electricity network capacity, the need for anticipatory grid investments and network reinforcements, the associated costs, climate resilience, and realistic grid connection timelines, taking into account current and reasonably foreseeable connection requests.
Before designating an industrial manufacturing acceleration area, Member States shall consult the relevant transmission and distribution system operators and, where appropriate, the national regulatory authority.

Or. en

Amendment 161

Proposal for a regulation

Article 25 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
4a. When designating industrial manufacturing acceleration areas, Member States may promote synergies with the designation of renewables acceleration areas as established by Directive (EU) 2023/2413 and with Net-Zero Acceleration Valleys established pursuant to Regulation (EU) 2024/1735.

Or. en

Amendment 162

Proposal for a regulation

Article 26 – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) facilitate financing of projects in the acceleration areas by ensuring coordination between authorities and streamlining internal procedures, in synergy with Union programmes and in accordance with existing State aid rules where applicable, taking into account the participation of SMEs and SMCs;(a) facilitate financing of projects in the acceleration areas by ensuring coordination between authorities and streamlining internal procedures, and give priority to such projects in the allocation of Union funds, in synergy with Union programmes and in accordance with existing State aid rules where applicable, taking into account the participation of SMEs and SMCs;

Or. en

Amendment 163

Proposal for a regulation

Article 26 – paragraph 1 – point c

Text proposed by the CommissionAmendment
(c) conduct, and review at least every three years, a comprehensive analysis of the energy needs of each acceleration area and identifying the required energy infrastructure capacity for the proper functioning and development of industrial manufacturing projects located in the acceleration area.(c) conduct, in cooperation with the relevant system operators, and review at least every three years, a comprehensive analysis of the energy and digital needs of each acceleration area identifying the required energy infrastructure capacity, including grid connection and reinforcement needs, grid resilience requirements and realistic connection timelines for the proper functioning and development of industrial manufacturing projects located in the acceleration area.

Or. en

Amendment 164

Proposal for a regulation

Article 26 – paragraph 2 – point d

Text proposed by the CommissionAmendment
(d) ensure that the network development plans prepared by transmission system operators pursuant to Article 51 of Directive (EU) 2019/944 of the European Parliament and of the Council47 and distribution system operators pursuant to Article 32 of Directive (EU) 2019/944 take due account of the analysis prepared pursuant to point (c) of this paragraph, considering the potential of anticipatory investments to accommodate future system needs;(d) ensure that the network development plans prepared by transmission system operators pursuant to Article 51 of Directive (EU) 2019/944, transmission and distribution system operators pursuant to Articles 55 and 56 of Directive (EU) 2024/1788, respectively, of the European Parliament and of the Council47 and distribution system operators pursuant to Article 32 of Directive (EU) 2019/944 take due account of the analysis prepared pursuant to point (c) of this paragraph, considering the potential of anticipatory investments to accommodate future system needs;
47 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125, ELI: http://data.europa.eu/eli/dir/2019/944/oj).47 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019, p. 125, ELI: http://data.europa.eu/eli/dir/2019/944/oj).

Or. en

Amendment 165

Proposal for a regulation

Article 26 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. When designing measures referred to in paragraph 1 of this Article, Members states are not obliged to consider industrial manufacturing projects referred to in Article 25(1b).

Or. en

Amendment 166

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the CommissionAmendment
1. For each designated industrial manufacturing acceleration area, Member States shall prepare and issue an aggregated baseline permit authorising industrial activities located within that area. This aggregated baseline permit shall cover the permits and administrative authorisations required for the industrial manufacturing projects located within the acceleration area, excluding those permits that are installation specific.1. For each designated industrial manufacturing acceleration area, Member States shall prepare and issue an aggregated baseline permit authorising industrial activities located within that area. This aggregated baseline permit shall cover the permits and administrative authorisations required for the industrial manufacturing projects located within the acceleration area, with the exception of industrial manufacturing projects referred to in in Article 25(1b), excluding those permits that are installation specific and grid connection permits or agreements.

Or. en

Amendment 167

Proposal for a regulation

Article 27 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. When examining the permits or authorisations referred to in paragraph 3, the competent authorities shall not reassess matters already examined and covered by the aggregated baseline permit referred to in paragraph 1, unless substantial new circumstances have arisen.

Or. en

Amendment 168

Proposal for a regulation

Article 27 – paragraph 4

Text proposed by the CommissionAmendment
4. All industrial manufacturing projects located within an acceleration area shall be considered strategic projects contributing to resilience and decarbonisation or resource efficiency for the purposes of [Article 14 of Proposal for a Regulation on speeding-up environmental assessment]. Points 1, 2 and 3 of the Annex to that Regulation shall apply.4. Industrial manufacturing projects located within an acceleration area, except those referred to in Article 25(1b), shall be considered strategic projects contributing to resilience and decarbonisation or resource efficiency for the purposes of [Article 14 of Proposal for a Regulation on speeding-up environmental assessment], provided that the project demonstrably contributes to the decarbonisation of the sector concerned, to the deployment of low-carbon industrial processes, or to substantial improvements in resource efficiency and circularity. Points 1, 2 and 3 of the Annex to that Regulation shall apply.

Or. en

Amendment 169

Proposal for a regulation

Article 28 – paragraph 1 – point c a (new)

Text proposed by the CommissionAmendment
(ca) the evolution of industrial employment, skills development and workforce retention in the sectors covered by this Regulation;

Or. en

Amendment 170

Proposal for a regulation

Article 28 – paragraph 1 – point c b (new)

Text proposed by the CommissionAmendment
(cb) the effective uptake of the Union origin and low-carbon requirements set out in Annexes II and III, including the volumes covered, the proportion of contracts and support schemes subject to derogations under Articles 11(3) and 12(3), and the average cost differentials observed and their impact on the resilience of Union industrial value chains;

Or. en

Amendment 171

Proposal for a regulation

Article 28 – paragraph 1 – point c c (new)

Text proposed by the CommissionAmendment
(cc) the evolution of the manufacturing capacity, the market share and the greenhouse gas intensity, within the Union, of the energy-intensive industries and the net-zero technologies covered by this Regulation.

Or. en

Amendment 172

Proposal for a regulation

Article 29 – paragraph 2

Text proposed by the CommissionAmendment
When carrying out its review, the Commission shall pay particular attention to the effectiveness of this Regulation and the persistence of the circumstances that have justified the adoption of this Regulation and to the necessity to introduce Union origin requirements for products from certain sectors critical to the Union’s economic security, notably the building of ships and of rail rolling stock.When carrying out its review, the Commission shall pay particular attention to:
(a) the effectiveness of this Regulation and the persistence of the circumstances that have justified the adoption of this Regulation;
(b) the necessity to introduce Union origin and low-carbon requirements, where appropriate, for products from certain sectors critical to the Union's economic security, in particular but not limited to, fertilizers, rail rolling stock, advanced robotics and aerospace;
(c) the necessity to amend or extend the scope of Annexes II and III to additional products from the energy-intensive industries listed in Annex I, or to additional strategic sectors not currently covered.
In carrying out the review, the Commission shall consult the European Parliament, the Member States, social partners, industry representatives, including small and medium-sized enterprises, and relevant stakeholders, including through the strategic dialogues established by the Union.

Or. en

Amendment 173

Proposal for a regulation

Article 30 – paragraph 2

Text proposed by the CommissionAmendment
2. The power to adopt delegated acts referred to in Articles 8, 9, 10, 16 and 24shall be conferred on the Commission for an indeterminate period of time from [OP please insert the date = the date of the entry into force of this Regulation].2. The power to adopt delegated acts referred to in Articles 7, 10, 11, 12, 16 and 24 shall be conferred on the Commission for 5 years from [OP please insert the date = the date of the entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Or. en

Amendment 174

Proposal for a regulation

Article 30 – paragraph 3

Text proposed by the CommissionAmendment
3. The delegation of power referred to in Articles 8, 9, 10, 16 and 24 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.3. The delegation of power referred to in Articles 7, 10, 11, 12, 16 and 24 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Or. en

Amendment 175

Proposal for a regulation

Article 30 – paragraph 6

Text proposed by the CommissionAmendment
6. A delegated act adopted pursuant to Articles 8, 9, 10, 16 and 24shall 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.6. A delegated act adopted pursuant to Articles 7, 10, 11, 12, 16 and 24 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.

Or. en

Amendment 176

Proposal for a regulation

Article 32 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. The penalties referred to in paragraph 1 may include administrative fines, the recovery of public support, temporary exclusion from public procurement procedures and temporary exclusion from public support schemes. Where appropriate, the Commission shall publish guidelines to ensure their uniform implementation across the Member States.

Or. en

Amendment 177

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the CommissionAmendment
Annexes I and II to Regulation (EU) 2018/1724 are amended in accordance with Annex V to this Regulation.Annexes I and II to Regulation (EU) 2018/1724 are amended in accordance with Annex IV to this Regulation.

Or. en

Amendment 178

Proposal for a regulation

Article 34 – paragraph 1 – point 1 – point c

Regulation 2024/1735

Article 3 – point 36

Text proposed by the CommissionAmendment
(36) ‘hydronic heat pump’ means a space heater using ambient heat from an air source, water source or ground source, and/or waste heat for heat generation and heating space through a water circuit.’deleted

Or. en

Amendment 179

Proposal for a regulation

Article 34 – paragraph 1 – point 1 – point c a (new)

Regulation 2024/1735

Article 3 – point 36 a (new)

Text proposed by the CommissionAmendment
(ca)
'(36a) Union value added' means union value added as defined in Article 3 of Regulation XXXX/XXXX (Industrial Accelerator Act).'

Or. en

Amendment 180

Proposal for a regulation

Article 34 – paragraph 1 – point 3 – point a

Regulation 2024/1735

Article 25 – paragraph 1

Text proposed by the CommissionAmendment
1. For public procurement procedures falling within the scope of Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, where contracts have net-zero technologies listed in Article 4(1), points (a) to (d), (h) and (i), of this Regulation as part of their subject matter, or in the case of works contracts and works concessions including said technology, contracting authorities and contracting entities shall apply minimum mandatory requirements regarding environmental sustainability established in the implementing act referred to in paragraph 5 of this Article.;
For public procurement procedures falling within the scope of Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, where contracts have net-zero technologies listed in Article 4(1), points (a) to (e), (h), (i) and (k), of this Regulation as part of their subject matter, or in the case of works contracts and works concessions including said technology, contracting authorities and contracting entities shall apply minimum mandatory requirements regarding environmental sustainability established in the implementing act referred to in paragraph 5 of this Article.;

Or. en

Amendment 181

Proposal for a regulation

Article 34 – paragraph 1 – point 3 – point a a (new)

Regulation 2024/1735

Article 25 – paragraph 3 – point c

Text proposed by the CommissionAmendment
(aa) In paragraph 3 point (c) is replaced by the following:
'(c) a specific contractual obligation to deliver the component of the contract relating to net-zero technologies listed in Article 4(1), points (a) to (e), (h), (i) and (k) on time, that may give rise to an obligation to pay an appropriate charge if this obligation is not fulfilled, and that goes beyond the requirements provided for in applicable national legislation.'

Or. en

Amendment 182

Proposal for a regulation

Article 34 – paragraph 1 – point 4

Regulation (EU) 2024/1735

Article 25a – paragraph -1 (new)

Text proposed by the CommissionAmendment
-1. The provisions of this Article shall not apply to contracting entities who have participated as bidders in an auction subject to the requirements of Article 26, for the purpose of carrying out the project awarded to them in the context of such auction.

Or. en

Amendment 183

Proposal for a regulation

Article 34 – paragraph 1 – point 4

Regulation 2024/1735

Article 25a – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1a. Contracting authorities and contracting entities shall exclude economic operators from access to procurement procedures referred to in Annex II, where such operators do not comply with applicable obligations in the fields of social and labour law established by Union law, national law, collective agreements or by the fundamental ILO Conventions.

Or. en

Amendment 184

Proposal for a regulation

Article 34 – paragraph 1 – point 4

Regulation (EU) 2024/1735

Article 25a – paragraph 3 – point c

Text proposed by the CommissionAmendment
(c) their application would require a contracting authority or contracting entity to acquire goods, services or works having disproportionate costs or would result in technical incompatibility in operation and maintenance. Estimated cost differences in excess of 25%, based on objective and transparent data, may be presumed by contracting authorities and contracting entities to be disproportionate.(c) their application would require a contracting authority or contracting entity to acquire goods, services or works having disproportionate costs or would result in technical incompatibility in operation and maintenance. Estimated cost differences in excess of 40% of the total contract value, based on objective and transparent data, may be presumed by contracting authorities and contracting entities to be disproportionate until the adoption of the delegated act referred to in the second subparagraph of this point by the Commission.

Or. en

Amendment 185

Proposal for a regulation

Article 34 – paragraph 1 – point 4

Regulation 2024/1735

Article 25a – paragraph 3 – point c – paragraph 2 (new)

Text proposed by the CommissionAmendment
The Commission shall adopt, by [OP: Please insert the date = six months after the date of entry into force of this Regulation], a delegated act in accordance with Article 44 to specify and differentiate the cost differences referred to in Article 25a paragraph 3(c) by technology covered by Annex II.

Or. en

Amendment 186

Proposal for a regulation

Article 34 – paragraph 1 – point 4

Regulation 2024/1735

Article 25a – paragraph 3 – subparagraph 2 (new)

Text proposed by the CommissionAmendment
Contracting authorities and contracting entities shall provide justification for such decision.

Or. en

Amendment 187

Proposal for a regulation

Article 34 – paragraph 1 – point 4

Regulation 2024/1735

Article 25a – paragraph 4

Text proposed by the CommissionAmendment
4. Contracting authorities shall require economic operators supplying products falling within the scope of this Article to submit a self-declaration, or an equivalent document, demonstrating compliance with the requirements set out in this Article.4. Contracting authorities or contracting entities shall require economic operators supplying products falling within the scope of this Article, a self-declaration, or an equivalent document, demonstrating compliance with the requirements set out in this Article. At any time during the procedure, contracting authorities or contracting entities may require the economic operator to provide all or part of the supporting documents necessary to substantiate that self-declaration in accordance with Directive 2014/23/EU, 2014/24/EU or 2014/25/EU and carry out risk-based checks and check the accuracy of the declarations.
Where a breach of the requirements set out in this Article has been established by a final decision of a competent authority, contracting authorities and contracting entities shall take appropriate measures in accordance with Union and national law, including exclusion from the procurement procedure, termination of the contract, or other remedies provided for under applicable law.

Or. en

Amendment 188

Proposal for a regulation

Article 34 – paragraph 1 – point 5 – point c

Regulation 2024/1735

Article 26 – paragraph 2a

Text proposed by the CommissionAmendment
2a. Where the auctions have net-zero technologies listed in Annex II as part of their subject-matter, Member States shall include the pre-qualification or award criteria laid down in Annex II.’ Criteria relating to specific main specific components shall only apply to the extent that those components are included in the final product.2a. Where the auctions have net-zero technologies listed in Annex II as part of their subject-matter, Member States shall include the pre-qualification criteria laid down in Annex II. Criteria relating to specific main specific components shall only apply to the extent that those components are included in the final product.

Or. en

Amendment 189

Proposal for a regulation

Article 34 – paragraph 1 – point 5 – point b – paragraph 3 a (new)

Regulation (EU) 2024/1735

Article 26 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
the following paragraph is added:
‘1. For auctions referred to in Annex II, Member States shall exclude economic operators owned or controlled by an entity established in a third country in which distortive subsidies are supplied as determined under Regulation 2022/2560 of the European Parliament and of the Council on Foreign Subsidies distorting the internal market.’.

Or. en

Amendment 190

Proposal for a regulation

Article 34 – paragraph 1 – point 5 – point e

Regulation 2024/1735

Article 26 – paragraph 4

Text proposed by the CommissionAmendment
(e) paragraph 4 is replaced by the following: ‘4. Member States shall give to each of the criteria referred to in paragraphs 2 and 2a, when applied as award criteria, a minimum weight of 5 % and a combined weight of between 15 % and 30 % of the award criteria. That is without prejudice to the possibility to give a higher weighting to the criteria referred to in the fourth subparagraph of paragraph 2, in accordance with any limit for non-price criteria set out in State aid rules.’.deleted

Or. en

Amendment 191

Proposal for a regulation

Article 34 – paragraph 1 – point 5 – e a (new)

Regulation 2024/1735

Article 26 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
The following paragraph is inserted:
‘4a. The Commission shall adopt, by [OP: Please insert the date = six months after the date of entry into force of this Regulation], a delegated act in accordance with Article 44 to specify and differentiate the cost differences referred to in Article 26 3(c) by technology covered by Annexe II.’

Or. en

Amendment 192

Proposal for a regulation

Article 34 – paragraph 1 – point 5 – point f

Regulation 2024/1735

Article 26 – paragraph 5

Text proposed by the CommissionAmendment
5. Member States shall not be required to apply one or several of the pre-qualification and award criteria laid down in paragraph 1, points (a), (i), (ii) and (iii), and paragraph 1, point (b), where the application of those criteria would result in disproportionate costs or in significant delays to the delivery of the project due to the unavailability of the required components or final products. Estimated cost differences in excess of 20% per auction, based on objective and verifiable data, may be presumed by Member States to be disproportionate. Delays in excess of seven months, based on objective, transparent and verifiable data, may be presumed to be significant.5. Member States shall not be required to apply one or several of the pre-qualification criteria laid down in paragraph 1, points (a), (i), (ii) and (iii), and paragraph 1, point (b), where the application of those criteria would result in disproportionate costs or in significant delays to the delivery of the project due to the unavailability of the required components or final products.
Estimated cost differences in excess of 40% per auction, based on objective and verifiable data, may be presumed by Member States to be disproportionate until the adoption of the delegated act referred to in the second subparagraph of this point by the Commission.
Delays in excess of seven months, based on objective, transparent and verifiable data, may be presumed to be significant.

Or. en

Amendment 193

Proposal for a regulation

Article 34 – paragraph 1 – point 5 – point g

Regulation 2024/1735

Article 26 – paragraph 7

Text proposed by the CommissionAmendment
7. Paragraphs 1 to 5 shall apply to at least 40% of the volume auctioned per year per Member State or alternatively to at least 8 Gigawatt per year per Member State. Paragraph 1, points (a)(ii) and (iv), shall apply to 100% of the volume auctioned per Member State.7. Paragraphs 1 to 5 shall apply to at least 60% of the volume auctioned per year per Member State or alternatively to at least 12 Gigawatt per year per Member State. Paragraph 1, points (a)(ii) and (iv), shall apply to 100% of the volume auctioned per Member State.

Or. en

Amendment 194

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28a – paragraph 1

Text proposed by the CommissionAmendment
1. Without prejudice to Articles 107 and 108 TFEU, support schemes referred to in Annex II shall include the requirements laid down therein. Requirements relating to specific main specific components shall only apply to the extent that those components are included in the final product.1. Without prejudice to Articles 107 and 108 TFEU, support schemes referred to in Annex II shall include the requirements laid down therein, while ensuring they contribute to compliance with applicable social and labour law. Requirements relating to specific main specific components shall only apply to the extent that those components are included in the final product.

Or. en

Amendment 195

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28a – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. By 2030, in all existing support schemes benefitting households or companies that support the demand for net-zero technology final products listed in this Article, Member States, regional or local authorities, bodies governed by public law or associations formed by one or more of those authorities or one or more the bodies governed by public law, shall comply with the requirements in this Annex II.

Or. en

Amendment 196

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28c – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) their application would result in disproportionate costs or technical incompatibility in operation or maintenance. Estimated cost differences in excess of 25%, based on objective and transparent data, may be presumed to be disproportionate;(b) their application would result in disproportionate costs or technical incompatibility in operation or maintenance. Estimated cost differences in excess of 40%, based on objective and transparent data, may be presumed to be disproportionate;

Or. en

Amendment 197

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28d – paragraph 1

Text proposed by the CommissionAmendment
1. For the purposes of Articles 25a, 26 and 28a and 28c, content of Union origin refers to content originating in the Union.1. Content of Union origin refers to content originating in the European Union.

Or. en

Amendment 198

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28d – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. The Commission shall review the definition of last substantial transformation referred in Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council for products and components covered by this Chapter with the aim of including a minimum 50% of Union added value for those products and components with the aim to avoid circumvention of the rules of origin.

Or. en

Amendment 199

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28d – paragraph 2 b (new)

Text proposed by the CommissionAmendment
2b. With respect to the Union origin requirements referred to in Articles 25a, 26, the Commission may adopt delegated acts in accordance with Article 44 in order to establish, in whole or in part, content originating in a third country to be of Union origin, if all the following conditions are fulfilled:
(a) that third country has provided, in law and in practice, national treatment related to Union products or entities under agreements establishing a free trade area or a customs union or the Agreement on Government Procurement, in relation to any of the net-zero technologies listed in Article 4, point (1),
(b) such inclusion is consistent with the objective to avoid dependencies and with the objective of strengthening the economic security of the Union, including the security of supply chains for the products in question, energy security, and the resilience of the Single Market;
(c) that third country has a legal framework for competition that are substantially equivalent to those that apply in the Union single market, including in respect to environmental due diligence and greenhouse gas emission reporting, and has ratified and effectively implements the ILO Fundamental Conventions or measures of equivalent effect;
(d) that third country complies with the commitment to implement the Paris Agreement through its national determined contributions and implements domestic carbon prices mechanisms or measures having equivalent effects;
(e) that third country protects and promotes human rights by implementing the United Nations Global Compact and the United Nations Guiding Principles on Business and Human Rights;
(f) that third country has established, or is committed to establishing within a defined timeframe, demand-side measures for low-carbon industrial products comparable to those provided for in this Regulation and which provide national treatment to Union products or entities;
(g) the inclusion of that third country does not entail a risk of circumvention of the Union origin requirements set out in this Regulation, in particular through the re-export of products or components originating in third countries which are not contained in a delegated act adopted based on this Article, or through the establishment on its territory of undertakings owned and controlled by entities established in third countries which are not contained in a delegated act adopted based on this Article with the purpose to access to the Union market for such products or components;
Where the above conditions are no longer met, the Commission shall adopt a delegated act in accordance with Article 44 to exclude in whole or in part a third country from any delegated act adopted based on this paragraph.

Or. en

Amendment 200

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28d – paragraph 2 c (new)

Text proposed by the CommissionAmendment
2c. When applying paragraph 2b, the Commission shall give priority to European countries, in line with the European dimension of the Union as reflected in the Treaties, in particular Article 49 of the Treaty on European Union, and if necessary for taking into account the integration of those countries in Union value chains in particular the countries of the EEA, EFTA and the United Kingdom.

Or. en

Amendment 201

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28d – paragraph 2 d (new)

Text proposed by the CommissionAmendment
2d. With respect to Union origin requirements referred to in Article 28a, content of Union origin refers to content originating in the Union pursuant to paragraphs 1 and 2 of this Article.

Or. en

Amendment 202

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28e

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 203

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28f

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 204

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28g

Text proposed by the CommissionAmendment
[...]deleted

Or. en

Amendment 205

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28h – paragraph 2 – introductory part

Text proposed by the CommissionAmendment
2. The Commission is empowered to adopt delegated acts to supplement Annex II with Union origin requirements for additional specific net-zero technology final products referred to in Article 4(1), points (g), (h), (j), (k), (n), (p), and (s), as well as solar thermal technologies referred to in Article 4(1), point (a), nuclear fuel cycle technologies referred to in Article 4(1), point (i), and electric propulsion technologies for transport referred to in Article 4(1), point (r), which shall be required in accordance with Articles 25a, 26, 28a and 28c. In doing so, the Commission shall take the following into account:2. The Commission is empowered to adopt delegated acts to supplement Annex II with Union origin requirements for additional specific net-zero technology final products referred to in Article 4(1) which shall be required in accordance with Articles 25a, 26, 28a and 28c. In doing so, the Commission shall take the following into account:

Or. en

Amendment 206

Proposal for a regulation

Article 34 – paragraph 1 – point 6

Regulation 2024/1735

Article 28h – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. The Commission shall, by [OP: Please insert the date = six months after the date of entry into force of this Regulation], adopt a delegated act in accordance with Article 44 to supplement this Regulation by specifying the cost differences referred to in Articles 25a and 26 by category of products covered by Annex II.
That delegated act shall be based on objective, transparent and verifiable sectoral data, in particular:
(a) the availability of the products concerned in the Union;
(b) the cost structure of the products concerned;
(c) the market dynamics at the Union level;
(d) the evolution of the cost differences gap between products meeting the Union origin requirements and low-carbon requirements, and products not meeting those requirements originating in the Union and equivalent products originating in third countries.
The Commission shall review the delegated act at least every three years to reflect market developments.

Or. en

Amendment 207

Proposal for a regulation

Article 34 – paragraph 1 – point 7 a (new)

Regulation (EU) 2024/1735

Article 44 – paragraph 2

Text proposed by the CommissionAmendment
(7a) Paragraph 2 is replaced by the following:
‘The power to adopt delegated acts referred to in Article 23(12), Article 25a (3c), Article 26 (3c), Article 43 and Article 46(7) shall be conferred on the Commission for a period of five years from 29 June 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. ’

Or. en

Amendment 208

Proposal for a regulation

Article 34 – paragraph 1 – point 7 b (new)

Regulation (EU) 2024/1735

Article 44 – paragraph 3

Text proposed by the CommissionAmendment
(7b) Paragraph 3 is replaced by the following:
‘The delegation of power referred to in Article 23(12), Article 25a (3c), Article 26 (3c), Article 43 and Article 46(7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’

Or. en

Amendment 209

Proposal for a regulation

Article 34 – paragraph 1 – point 7 c (new)

Regulation (EU) 2024/1735

Article 44 – paragraph 6

Text proposed by the CommissionAmendment
(7c) Paragraph 6 is replaced by the following:
‘A delegated act adopted pursuant to Article 23(12), Article 25a (3c), Article 26 (3c), Article 43 and Article 46(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.’

Or. en

Amendment 210

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
From [OP: Please insert the date = 3 years after entry into force of this Regulation], the battery energy storage systems shall originate in the Union and contain battery cells, a battery management system as well as one additional main specific component that originate in the Union.From [OP: Please insert the date = 3 years after entry into force of this Regulation], the battery energy storage systems shall originate in the Union and contain battery cells, a battery management system, cathode active materials as well as one additional main specific component that originate in the Union. At least 20% of the relevant strategic raw materials used shall be mined, processed or recycled within the European Union. By 2036, this threshold shall rise to as least 40%.

Or. en

Amendment 211

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
(b) Solar PV technologies: From [OP: Please insert the date = 3 years after entry into force of this Regulation], the PV inverter and the PV cells or equivalent shall originate in the Union.(b) Solar PV technologies:
From [OP: Please insert the date = 1 year after entry into force of this Regulation], the PV inverter, the polysilicon and one additional main specific component shall originate in the Union
From [OP: Please insert the date = 3 years after entry into force of this Regulation], the PV inverter, the polysilicon, the PV cells or equivalent and one additional main specific component shall originate in the Union.

Or. en

Amendment 212

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
(ba) Solar thermal technologies: From [OP: Please insert the date = 3 years after entry into force of this Regulation], the solar thermal collector shall originate in the Union.

Or. en

Amendment 213

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
(c) Hydronic heat pumps: From [OP: Please insert: 3 years after the entry into force of this Regulation] the hydronic heat pump shall originate in the Union.(c) Heat pumps: From [OP: Please insert: 3 years after the entry into force of this Regulation] the heat pump shall originate in the Union.

Or. en

Amendment 214

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
(ca) Electric charging technologies for transport: From [OP: Please insert the date = 2 years after entry into force of this Regulation], electric vehicle supply equipment, shore-side electricity supply equipment, and electric air transport supply equipment shall originate within the Union.

Or. en

Amendment 215

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2014/1735

Annex II – Part I

Text proposed by the CommissionAmendment
From [OP: Please insert the date = 1 year after the entry into force of this Regulation] until [OP: Please insert the date = 3 years after entry into force of this Regulation], one main specific component shall originate in the Union.From [OP: Please insert the date = 1 year after the entry into force of this Regulation] until [OP: Please insert the date = 3 years after entry into force of this Regulation], at least three main specific component shall originate in the Union.

Or. en

Amendment 216

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
From [OP: Please insert the date = 3 years after the entry into force of this Regulation], two main specific components shall originate in the Union.From [OP: Please insert the date = 3 years after the entry into force of this Regulation], at least four main specific components shall originate in the Union.

Or. en

Amendment 217

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
For public procurement procedures published after [OP: Please insert the date = 4 years after entry into force of this Regulation] where works contracts or work concessions include the construction on a new-build nuclear power plant, including small modular nuclear reactors (SMR), at least two main specific components shall originate in the Union.For public procurement procedures published after entry into force of this Regulation where works contracts or work concessions include the construction on a new-build nuclear power plant, including small modular nuclear reactors (SMR), at least three main specific components shall originate in the Union.

Or. en

Amendment 218

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
For public procurement procedures published after [OP: Please insert the date = 6 years after entry into force of this Regulation] where works contracts or work concessions include the construction on a new-build nuclear power plant, including small modular nuclear reactors (SMR), at least three main specific components shall originate in the Union.For public procurement procedures published after [OP: Please insert the date = 3 years after entry into force of this Regulation] where works contracts or work concessions include the construction on a new-build nuclear power plant, including small modular nuclear reactors (SMR), at least four main specific components shall originate in the Union.

Or. en

Amendment 219

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part I

Text proposed by the CommissionAmendment
These requirements shall not apply to research, development and innovation projects including first industrial deployment of nuclear power plants.deleted

Or. en

Amendment 220

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex – Part II

Text proposed by the CommissionAmendment
In accordance with Article 26, when auctions have the following net-zero technologies as part of their subject-matter, Member States shall include the pre-qualification or award criteria laid down below:In accordance with Article 26, when auctions have the following net-zero technologies as part of their subject-matter, Member States shall include the pre-qualification criteria laid down below:

Or. en

Amendment 221

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part II

Text proposed by the CommissionAmendment
For auctions published after [OP: Please insert the date = 3 years after entry into force of this Regulation], the battery energy storage system shall originate in the Union and contain battery cells, a battery management system as well as one additional main specific components that originate in the Union.For auctions published after [OP: Please insert the date = 3 years after entry into force of this Regulation], the battery energy storage system shall originate in the Union and contain battery cells, a battery management system, cathode active materials as well as one additional main specific components that originate in the Union. At least 20% of the relevant strategic raw materials used shall be mined, processed or recycled within the European Union. By 2036, this threshold shall rise to as least 40%.

Or. en

Amendment 222

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part II

Text proposed by the CommissionAmendment
(b) Solar PV technologies: For auctions published after [OP: Please insert the date = 3 years after entry into force of this Regulation], PV inverter and the PV cells or equivalent shall originate in the Union.(b) Solar PV technologies:
For auctions published from [1 year after entry into force of this Regulation] until [3 years after entry into force of this Regulation], the PV inverter, the polysilicon and one additional main specific component shall originate in the Union
For auctions published after [OP: Please insert the date = 3 years after entry into force of this Regulation], PV inverter, the polysilicon and the PV cells or equivalent as well as two additional main specific components shall originate in the Union.

Or. en

Amendment 223

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part II

Text proposed by the CommissionAmendment
For auctions published from [OP: Please insert the date = 1 year after entry into force of this Regulation] until [OP: Please insert the date = 3 years after entry into force of this Regulation], one main specific component of the wind turbine shall originate in the Union.For auctions published from [OP: Please insert the date = 1 year after entry into force of this Regulation] until [OP: Please insert the date = 3 years after entry into force of this Regulation], at least three main specific components shall originate in the Union.

Or. en

Amendment 224

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part II

Text proposed by the CommissionAmendment
For auctions published after [OP: Please insert the date = 3 years after entry into force of this Regulation], two main specific components of the wind turbine shall originate in the Union.For auctions published after [OP: Please insert the date = 3 years after entry into force of this Regulation], at least four main specific components of the wind turbine shall originate in the Union.

Or. en

Amendment 225

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part III

Text proposed by the CommissionAmendment
For schemes set up or updated from [OP: Please insert the date = 3 years after entry into force of this Regulation], the battery energy storage systems shall originate in the Union and contain battery cells, a battery management system as well as one additional main specific components that originate in the Union.For schemes set up or updated from [OP: Please insert the date = 3 years after entry into force of this Regulation], the battery energy storage systems shall originate in the Union and contain battery cells, a battery management system, cathode active materials as well as one additional main specific components that originate in the Union. At least 20% of the relevant strategic raw materials used in batteries shall be mined, processed or recycled within the European Union. By 2036, this threshold shall rise to at least 40%.

Or. en

Amendment 226

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part III

Text proposed by the CommissionAmendment
(b) Solar PV technologies: For schemes set up or updated from [OP: Please insert the date = 3 years after entry into force of this Regulation], the PV inverter and the PV cells or equivalent shall originate in the Union.(b) Solar PV technologies:
For schemes set up or updated between [1 year after entry into force of this Regulation] and [3 years after entry into force of this Regulation], the PV inverter, the polysilicon and one additional main specific component shall originate in the Union.
For schemes set up or updated from [OP: Please insert the date = 3 years after entry into force of this Regulation], the PV inverter, the polysilicon and the PV cells or equivalent and one additional main specific component shall originate in the Union.

Or. en

Amendment 227

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part III

Text proposed by the CommissionAmendment
(ba) Solar thermal technologies: For schemes set up or updated from [OP: Please insert the date = 3 years after entry into force of this Regulation], the solar thermal collector shall originate in the Union.

Or. en

Amendment 228

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part III

Text proposed by the CommissionAmendment
(c) Hydronic heat pumps: For schemes set up or updated from [OP: Please insert the date = 3 years after entry into force of this Regulation], the hydronic heat pump shall originate in the Union.(c) Heat pumps: For schemes set up or updated from [OP: Please insert the date = 3 years after entry into force of this Regulation], the heat pump shall originate in the Union.

Or. en

Amendment 229

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part III

Text proposed by the CommissionAmendment
(ca) Hydrogen:
For other forms of public intervention published after [OP: Please insert the date = 1 year after the entry into force of this Regulation] the stacks as well as one additional main specific component shall originate in the Union.
For other forms of public intervention published after [OP: Please insert the date = 3 years after the entry into force of this Regulation], the stacks as well as two additional main specific components shall originate in the Union

Or. en

Amendment 230

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part III

Text proposed by the CommissionAmendment
(cb) Electric charging technologies for transport:
From [OP: Please insert the date = 2 years after entry into force of this Regulation], electric vehicle supply equipment, shore-side electricity supply equipment, and electric air transport supply equipment shall originate within the Union.

Or. en

Amendment 231

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part IV

Text proposed by the CommissionAmendment
From [OP: Please insert the date = 1 year after entry into force of this Regulation] when setting up new support schemes for investments into supporting the manufacturing capacity of electrolysers, Member States shall ensure that the electrolyser originates in the Union and the stack and at least one additional main specific component of the electrolyser originate in the Union.From [OP: Please insert the date = 1 year after entry into force of this Regulation] when setting up new support schemes for investments into supporting the manufacturing capacity of electrolysers, Member States shall ensure that the electrolyser originates in the Union and the stack and at least two additional main specific components of the electrolyser originate in the Union.

Or. en

Amendment 232

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part IV

Text proposed by the CommissionAmendment
From [OP: Please insert the date = 3 years after entry into force of this Regulation] when setting up new support schemes for investments into supporting the manufacturing capacity of electrolysers, Member States shall ensure that the electrolyser originates in the Union and the stack and at least two additional main specific components of the electrolyser originate in the Union.From [OP: Please insert the date = 3 years after entry into force of this Regulation] when setting up new support schemes for investments into supporting the manufacturing capacity of electrolysers, Member States shall ensure that the electrolyser originates in the Union and the stack and at least four additional main specific components of the electrolyser originate in the Union.

Or. en

Amendment 233

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part IV

Text proposed by the CommissionAmendment
For projects for which the application for support takes place after [OP: Please insert the date = 4 years after entry into force of this Regulation] when supporting the construction of new-build nuclear power plants, including small modular nuclear reactors (SMR), Member States shall ensure that at least two main specific components of the nuclear fission technology final products originate in the Union.For projects for which the application for support takes place after entry into force of this Regulation when supporting the construction of new-build nuclear power plants, including small modular nuclear reactors (SMR), Member States shall ensure that at least three main specific components of the nuclear fission technology final products originate in the Union.

Or. en

Amendment 234

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part IV

Text proposed by the CommissionAmendment
For projects for which the application for support takes place after [OP: Please insert the date = 6 years after entry into force of this Regulation] when supporting the construction of new-build nuclear power plants, including small modular nuclear reactors (SMR), Member States shall ensure that at least three main specific components of the nuclear fission technology final products originate in the Union.For projects for which the application for support takes place after [OP: Please insert the date = 3 years after entry into force of this Regulation] when supporting the construction of new-build nuclear power plants, including small modular nuclear reactors (SMR), Member States shall ensure that at least four main specific components of the nuclear fission technology final products originate in the Union.

Or. en

Amendment 235

Proposal for a regulation

Article 34 – paragraph 1 – point 8

Regulation 2024/1735

Annex II – Part IV

Text proposed by the CommissionAmendment
These requirements shall not apply to research, development and innovation projects including first industrial deployment of nuclear power plants.deleted

Or. en

Amendment 236

Proposal for a regulation

Article 35 – paragraph 1

Regulation 2024/3110

Annex I

Text proposed by the CommissionAmendment
In Annex I, the following point 9 is added:
“9. Origin of construction works
The construction works and any part of them shall be designed, constructed, used, maintained and deconstructed or demolished in such a way that they contribute to ensuring a resilient manufacturing industry within the Union, by maximising the gross value added generated in the Union.”

Or. en

Amendment 237

Proposal for a regulation

Article 35 – paragraph 1

Regulation 2024/3110

Annex X

Text proposed by the CommissionAmendment
In Annex X, the following point 7 is added:
“7. Origin.”

Or. en

Amendment 238

Proposal for a regulation

Annex I – point 3 a (new)

Text proposed by the CommissionAmendment
3a. Materials of recovery activities: Recovery of sorted materials, as classified under NACE Code E38.21, where the secondary raw materials produced are intended for use in the sectors listed in points 1, 2 or 3 of this Annex.

Or. en

Amendment 239

Proposal for a regulation

Annex II – Part I – paragraph 1 – point a

Text proposed by the CommissionAmendment
(a) Steel, and any product the performance of which depends mainly on steel, intended for use in buildings, infrastructure and motor vehicles for civil purposes: at least 25% of the total volume of steel used shall be low-carbon;(a) Steel, and any product the performance of which depends mainly on steel, intended for use in buildings, infrastructure and motor vehicles for civil purposes: at least 25% of the total volume of steel used shall be low-carbon and of Union origin; this percentage shall progressively rise according to the following: 25% from 1 January 2029, 35% from 1 January 2032, 50% from 1 January 2036.

Or. en

Amendment 240

Proposal for a regulation

Annex II – Part I – paragraph 1 – point b

Text proposed by the CommissionAmendment
(b) concrete and mortar, and any product the performance of which depends mainly on concrete and mortar, intended for use in buildings and infrastructure for civil purposes: at least 5% of the total volume of concrete and mortar used, including the clinker and cement used to produce them, shall be low-carbon and of Union origin;(b) concrete and mortar, and any product the performance of which depends mainly on concrete and mortar: at least 25% of the total volume of concrete, mortar and cement used, including the clinker and cement used to produce them if applicable, in the product or project that receives support shall be low-carbon and of Union origin; This percentage shall progressively rise according to the following: 25 % from 1 January 2029, 35 % from 1 January 2032, 50% from 1 January 2036.

Or. en

Amendment 241

Proposal for a regulation

Annex II – Part I – paragraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(ba) Plastic products, intended for use in the building sector, namely windows, door profiles and plastic glazing; pipes and ancillaries in contact with water, whether or not intended for human consumption or for waste water; and thermal insulation products and where the plastic or plastic components exceed 10 % by weight: at least 30 % of the plastic or plastic components used shall be low-carbon and of Union origin.

Or. en

Amendment 242

Proposal for a regulation

Annex II – Part I – paragraph 1 – point c – point 1 (new)

Text proposed by the CommissionAmendment
1) For steel products, components and assembled final products containing steel, steel shall qualify as being of Union origin only where it satisfies both of the following conditions:
(i) it has been originally melted and poured within the Union, in accordance with Regulation (EU) 2026/1384 of the European Parliament and of the Council; and
(ii) at least 75 % by mass of the primary iron input used in its production was produced in the Union, the reduction of iron ore, whether by direct reduction or in a blast furnace, having been processed within the Union.

Or. en

Amendment 243

Proposal for a regulation

Annex II – Part II – point a

Text proposed by the CommissionAmendment
(a) steel, and any product the performance of which depends primarily on steel : at least 25% of the total volume of steel used in the product or project that receives support shall be low-carbon;(a) steel, and any product the performance of which depends primarily on steel : at least 25% of the total volume of steel used in the product or project that receives support shall be low-carbon and of Union Origin; this percentage shall progressively rise according to the following: 25 % from 1 January 2029, 35 % from 1 January 2032, 50% from 1 January 2036 .

Or. en

Amendment 244

Proposal for a regulation

Annex II – Part II – point b

Text proposed by the CommissionAmendment
(b) concrete and mortar, and any product the performance of which depends mainly on concrete and mortar: at least 5% of the total volume of concrete and mortar used, including the clinker and cement used to produce them, in the product or project that receives support shall be low-carbon and of Union origin;(b) concrete and mortar, and any product the performance of which depends mainly on concrete and mortar: at least 25% of the total volume of concrete, mortar and cement used, including the clinker and cement used to produce them if applicable, in the product or project that receives support shall be low-carbon and of Union origin; This percentage shall progressively rise according to the following: 25 % from 1 January 2029, 35 % from 1 January 2032, 50% from 1 January 2036.

Or. en

Amendment 245

Proposal for a regulation

Annex II – Part II – point b a (new)

Text proposed by the CommissionAmendment
(ba) Plastic products, intended for use in the building sector, namely windows, door profiles and plastic glazing; pipes and ancillaries in contact with water, whether or not intended for human consumption or for waste water; and thermal insulation products and where the plastic or plastic components exceed 10 % by weight: at least 30 % of the plastic or plastic components used shall be low-carbon and of Union origin.

Or. en

Amendment 246

Proposal for a regulation

Annex II – Part II – point c – point 1 (new)

Text proposed by the CommissionAmendment
1) For steel products, components and assembled final products containing steel, steel shall qualify as being of Union origin only where it satisfies both of the following conditions:
(i) it has been originally melted and poured within the Union, in accordance with Regulation (EU) 2026/1384 of the European Parliament and of the Council; and
(ii) at least 75 % by mass of the primary iron input used in its production was produced in the Union, the reduction of iron ore, whether by direct reduction or in a blast furnace, having been processed within the Union.

Or. en

Amendment 247

Proposal for a regulation

Annex III – Part I – paragraph 1

Text proposed by the CommissionAmendment
New pure electric vehicles (PEV), off-vehicle charging hybrid electric vehicles (OVC-HEV) or fuel cell vehicles (FCV) purchased, leased, rented or hire-purchased in public procurement procedures that fall within the scope of Directive 2014/24/EU, or Directive 2014/25/EU, launched on or after [OP: Please insert the date = six months after the date of entry into force of this Regulation] shall comply with the Union origin requirements set out in this Annex.New pure electric vehicles (PEV), off-vehicle charging hybrid electric vehicles (OVC-HEV) or fuel cell vehicles (FCV) including heavy-duty vehicles, purchased, leased, rented or hire-purchased in public procurement procedures that fall within the scope of Directive 2014/24/EU, or Directive 2014/25/EU, launched on or after [OP: Please insert the date = six months after the date of entry into force of this Regulation] shall comply with the Union origin requirements set out in this Annex.

Or. en

Amendment 248

Proposal for a regulation

Annex III – Part I – paragraph 3 – point b

Text proposed by the CommissionAmendment
(b) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all components – excluding the battery – is at least 70%;(b) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all components – excluding the battery – is at least 75%;

Or. en

Amendment 249

Proposal for a regulation

Annex III – Part I – paragraph 3 – point c

Text proposed by the CommissionAmendment
(c) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, originating in the Union;(c) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells and the binders, originating in the Union;

Or. en

Amendment 250

Proposal for a regulation

Annex III – Part I – paragraph 3 – point d

Text proposed by the CommissionAmendment
(d) the vehicle’s traction battery contains at least five main specific components of batteries, among which the battery cells, the cathode active material, and the battery management system, originating in the Union;(d) the vehicle’s traction battery contains at least five main specific components of batteries, among which the battery cells, the cathode active material, including calcination and active material formation, the binders and the battery management system, originating in the Union; and at least 20% of the relevant strategic raw materials should be mined, processed or recycled within the Union.

Or. en

Amendment 251

Proposal for a regulation

Annex III – Part I – paragraph 3 – point f

Text proposed by the CommissionAmendment
(f) the ratio between the total ex-works price of main electronic systems originating in the Union and the total ex-works price of all main electronic systems is equal to or greater than 50%.(f) the ratio between the total ex-works price of main electronic systems, including the software, originating in the Union and the total ex-works price of all main electronic systems is equal to or greater than 50%.

Or. en

Amendment 252

Proposal for a regulation

Annex III – Part I – paragraph 5 – point 2 – introductory part

Text proposed by the CommissionAmendment
2. and one of the two criteria below:2. the two criteria below:

Or. en

Amendment 253

Proposal for a regulation

Annex III – Part I – paragraph 5 – point 2 – point a

Text proposed by the CommissionAmendment
(a) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all vehicle components – excluding the battery – is equal to or greater than 70%; or(a) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all vehicle components – excluding the battery – is equal to or greater than 75%;

Or. en

Amendment 254

Proposal for a regulation

Annex III – Part I – paragraph 5 – point 2 – point b

Text proposed by the CommissionAmendment
(b) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, originating in the Union.(b) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, the binders and the cathode active material, including calcination and active material formation, originating in the Union.

Or. en

Amendment 255

Proposal for a regulation

Annex III – Part I – paragraph 5 – point 2 – point b – point 1 (new)

Text proposed by the CommissionAmendment
1) The requirement set out in point (b) applies from [OP: please insert date three years after the date of entry into force of this Regulation].

Or. en

Amendment 256

Proposal for a regulation

Annex III – Part II – paragraph 2 – point b

Text proposed by the CommissionAmendment
(b) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all vehicle components – excluding the battery – is equal to or greater than 70%;(b) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all vehicle components – excluding the battery – is equal to or greater than 75%;

Or. en

Amendment 257

Proposal for a regulation

Annex III – Part II – paragraph 2 – point c

Text proposed by the CommissionAmendment
(c) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, originating in the Union;(c) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, and the binders, originating in the Union;

Or. en

Amendment 258

Proposal for a regulation

Annex III – Part II – paragraph 2 – point d

Text proposed by the CommissionAmendment
(d) the vehicle’s traction battery contains at least five main specific components of batteries, among which the battery cells, the cathode active material, and the battery management system, originating in the Union;(d) the vehicle’s traction battery contains at least five main specific components of batteries, among which the battery cells, the cathode active material, including calcination and active material formation, the binders and the battery management system, originating in the Union; and at least 20% of the lithium used shall be mined, processed or reprocessed within the Union.

Or. en

Amendment 259

Proposal for a regulation

Annex III – Part II – paragraph 2 – point f

Text proposed by the CommissionAmendment
(f) the ratio between the total ex-works price of main electronic systems originating in the Union and the total ex-works price of all main electronic systems is equal to or greater than 50%.(f) the ratio between the total ex-works price of main electronic systems, including software, originating in the Union and the total ex-works price of all main electronic systems is equal to or greater than 50%.

Or. en

Amendment 260

Proposal for a regulation

Annex III – Part II – paragraph 4 – point 2 – introductory part

Text proposed by the CommissionAmendment
2. one of the two criteria below:2. the two criteria below:

Or. en

Amendment 261

Proposal for a regulation

Annex III – Part II – paragraph 4 – point 2 – point a

Text proposed by the CommissionAmendment
(a) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all vehicle components – excluding the battery – is equal to or greater than 70%; or(a) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all vehicle components – excluding the battery – is equal to or greater than 75%;

Or. en

Amendment 262

Proposal for a regulation

Annex III – Part II – paragraph 4 – point 2 – point b

Text proposed by the CommissionAmendment
(b) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, originating in the Union.(b) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, the binders and cathode active material, including calcination and active material formation, originating in the Union.

Or. en

Amendment 263

Proposal for a regulation

Annex III – Part II – paragraph 4 – point 2 – point b – point 1 (new)

Text proposed by the CommissionAmendment
1) The requirement set out in point (b) applies from [OP: please insert date three years after the date of entry into force of this Regulation].

Or. en

Amendment 264

Proposal for a regulation

Annex III – Part III – paragraph 1 – point 2 – introductory part

Text proposed by the CommissionAmendment
2. and one of the two criteria below:2. the two criteria below:

Or. en

Amendment 265

Proposal for a regulation

Annex III – Part III – paragraph 1 – point 2 – point a

Text proposed by the CommissionAmendment
(a) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all vehicle components – excluding the battery – is equal to or greater than 70%; or(a) the ratio between the total ex-works price of vehicle components - excluding the vehicle battery - originating in the Union and the total ex-works price of all vehicle components – excluding the battery – is equal to or greater than 75%;

Or. en

Amendment 266

Proposal for a regulation

Annex III – Part III – paragraph 1 – point 2 – point b

Text proposed by the CommissionAmendment
(b) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, originating in the Union.(b) the vehicle’s traction battery contains at least three main specific components of batteries, among which the battery cells, the binders and cathode active material, including calcination and active material formation, originating in the Union.

Or. en

Amendment 267

Proposal for a regulation

Annex III – Part III – paragraph 1 – point 2 – point b – point 1 (new)

Text proposed by the CommissionAmendment
1) The requirement set out in point (b) applies from [OP: please insert date three years after the date of entry into force of this Regulation].

Or. en

Explanatory statement 12 paragraphs

European industry is facing growing pressure from structural cost disadvantages, global overcapacities, unfair competition, market distortions and strategic dependencies. Major economies increasingly rely on industrial policy, public support and local content requirements to strengthen domestic manufacturing and secure strategic value chains. The Union must respond strategically and harness the full potential of the Single Market to reinforce its industrial base and position in strategic sectors.

Against this background, the co-rapporteurs welcome the Commission proposal for an Industrial Accelerator Act and share its objective of strengthening the Union’s industrial capacity, competitiveness, economic security and resilience, while accelerating industrial decarbonisation. They nevertheless consider that the proposed framework should be strengthened and more effectively targeted.

Overall, the co-rapporteurs consider that demand and investment in the Union should translate into genuine industrial value creation, long-term industrial capacity within the Union, and significant emission reductions. Their amendments seek to strengthen the framework for strategic sectors and Union origin requirements, define the conditions under which third-country content may be treated as equivalent, strengthen demand-side measures, enhance the contribution of foreign investment to the Union economy, and reinforce the social and circular dimensions of the proposal.

As regards strategic sectors, the co-rapporteurs include demand side-measures for plastics, and propose to include the maritime manufacturing industry, reflecting its importance for the Union’s industrial base, economic security, skilled employment and technological capacity. They also consider that the list of strategic sectors should be capable of evolving on the basis of a defined method rather than case-by-case additions, allowing sectors to be assessed against objective and transparent criteria in light of technological developments, global market changes, the sectors’ contribution to the decarbonisation of the European economy and emerging strategic dependencies.

As regards the geographical scope, the co-rapporteurs propose a more targeted approach to the conditions under which third-country content may be treated as equivalent to Union origin. The amendments introduce an opt-in approach under which such treatment would apply only where clearly defined conditions are fulfilled, including reciprocity, the avoidance of strategic dependencies, substantially equivalent conditions of competition, respect for fundamental labour standards and climate commitments, and safeguards against circumvention. Particular consideration should be given to the Union’s neighbouring countries, taking into account their integration into Union value chains.

Union origin requirements can only deliver industrial value creation in the Union if the rules of origin reflect where value is actually added. The co-rapporteurs consider that, as regards the products and components covered by this Regulation, the current determination of origin does not fully ensure this and leaves room for circumvention. Therefore the co-rapporteurs propose to take a first step by inviting the Commission to re-examine the definition of last substantial transformation referred in Article 60 of Regulation (EU) No 952/2013 for products and components covered by this Regulation, with the aim to including a minimum threshold of 50 % Union added value. The co-rapporteurs consider that this question is central to the effectiveness of the Regulation.

The co-rapporteurs support the strategic use of public procurement and other forms of public intervention to create demand for products of Union origin and low-carbon products. The amendments reinforce these measures while ensuring that the requirements remain proportionate and workable. Appropriate flexibility should be maintained where no reasonable alternative or suitable tender exists, or where their application would entail disproportionate costs or technical incompatibility.

Regarding foreign investment, the co-rapporteurs consider that foreign direct investment remains important for the Union’s industrial development but should also contribute to strengthening emerging strategic manufacturing sectors rather than creating new dependencies. The amendments therefore better target investment conditions and seek to ensure that relevant investments provide genuine added value through technological development, research and development, employment within the Union and stronger European value chains.

The co-rapporteurs also seek to reinforce the social dimension of public procurement and public support by requiring effective compliance with applicable social and labour law obligations and promoting the creation and retention of high-quality jobs. Public support should contribute to fostering productive capacity, skills and associated employment in the Union.

Finally, industrial competitiveness, decarbonisation and circularity must be mutually reinforcing. The amendments strengthen the framework for low-carbon products and recognise the contribution of recycled materials, secondary raw materials and scrap to low-carbon production, supporting competitive and circular industrial production in the Union. Taken together, these changes seek to provide a more effective framework for strengthening European manufacturing while preserving openness to trade and investment where these contribute to the Union’s resilience and economic security.

The co-rapporteurs consider that the Industrial Accelerator Act should ultimately ensure that demand, public support and investment in the Union translate into long-term industrial capacity, high-quality employment, technological capabilities, decreased emissions, and competitiveness in the Union.

The co-rapporteurs believe that the proposed amendments will make a meaningful contribution to achieving these objectives and ensuring their effective implementation.

Annex: declarations of input 4 paragraphs

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteurs declare that they included in their report input on matters pertaining to the subject of the file that they received, in the preparation of the draft report, from the following interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register, or from the following representatives of public authorities of third countries, including their diplomatic missions and embassies:

1. Interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register
AB SKF
Acciona
ACEA – European Automobile Manufacturers' Association
ADIVALOR
AIR LIQUIDE
Airborne Wind Europe
Agora Energiewende e.V.
Alliance des minerais, minéraux et métaux (A3M)
Alpitronic
Aluminium Dunkerque
AMG Critical Materials
ArcelorMittal
Arkema
Association of Finnish Cities and Municipalities
AVRIL (Groupe)
Bavarian State Ministry for Economic Affairs, Regional Development and Energy
BASF
BDEW – German Association of Energy and Water Industries
BDI – Bundesverband der Deutschen Industrie
Bioeconomy for Change (B4C)
BMW
Bouygues Europe
Business & Science Poland
Business Europe
CAFA-RSO
Capstone Research Ltd
Carbon Capture & Storage Association (CCSA)
Cefic – European Chemical Industry Council
CEMBUREAU
CFDT
Chambre des métiers et de l'artisanat
Chantier naval Delavergne
Cleantech for Europe
Climate Action Network Europe – WWF European Policy Programme
CLEPA – European Association of Automotive Suppliers
Compagnie nationale du Rhône (CNR)
CPME – Confédération des petites et moyennes entreprises
currENT – Enabling Network Technology throughout Europe E.E.I.G.
DGB
DIHK - German Chamber of Commerce and Industry
DUH - Deutsche Umwelthilfe
E3G
E-Mobility Europe
Ecocem Materials
Ecostandards
EDF
ENEDIS
ENEL SpA
Enercluster
ENGIE
Enterprise Mobility
Equilibre des Energies (EdEn)
ERAMET
EUROFER – European Steel Association
Eurogypsum
Euromines – European Association of Mining Industries, Metal Ores and Industrial Minerals
European Aluminium
European Container Glass Federation (FEVE)
European Council on Foreign Relations
ETUC – European Trade Union Confederation
Federacciai
Fédération des industries céramiques de France
Fédération Nationale des Travaux Publics
FEDERREC
Finnish Minerals Group
Forvia
France Chimie
France Ciment
France Énergie Éolienne
France Gaz
France Gaz renouvelables
France Hydrogène
France Industrie
Futerro
GermanWatch e.V
GICAN – Groupement des industries de construction et activités navales
Glass for Europe
GravitHy
Groupe ADP
Groupe Atlantic
Hager Group
H24
H2V
HAROPA PORT – Grand port fluvio-maritime de l'axe Seine
Heidelberg Materials (HeidelbergCement AG)
Holcim
Hydrogen Europe
IBEC – Irish Business and Employers Confederation
Imerys SA
industriAll European Trade Union
INNO energy
Institut Montaigne
IOGP Europe – International Association of Oil & Gas Producers Europe
Ireland – Minister for Energy and Climate
Ireland – Minister for Enterprise
Jacques Delors Institute
Japan Business Council in Europe (JBCE)
John Cockerill Hydrogen
KIC InnoEnergy SE
LEEM – Les Entreprises du médicament
LG solutions
MEDEF
METI – Mouvement des entreprises de taille intermédiaire
Michelin
Mission Possible Partnership
Nordex SE
Novo Nordisk
Ocean Energy Europe
Orano
Osiris
OWSFA
Permanent Representation of Austria to the European Union
Permanent Representation of Belgium to the European Union
Permanent Representation of Finland to the European Union
Permanent Representation of Germany to the European Union
Permanent Representation of Ireland to the European Union
Permanent Representation of the Netherlands to the European Union
Permanent Representation of Poland to the European Union
Permanent Representation of Cyprus to the European Union
President of the Auvergne-Rhône-Alpes region
President of the Grand-Est region Southern Region
PFA – Plateforme automobile
Piaggio
POLYVIA
RATP – Régie autonome des transports parisiens
Recycling Europe
Renault Group
Riva Group
Rolls-Royce
Rodhium group
Sagemcom
Saint-Gobain
SEA Europe
Seqens
SER – Syndicat des énergies renouvelables
SNCF
Solar Heat Europe / ESTIF
SolarPower Europe
Stellantis
Strategic Perspectives
SUEZ
Syensqo
TIC Council
TOYOTA MOTOR EUROPE
Transdev Group
Transport & Environment
Umicore
UNIFE – European Rail Supply Industry Association
UTAC
Valeo
VDA - Verband der Automobilindustrie
VDMA - Verband Deutscher Maschinen - und Anlagenbau
Verkor
VICAT S.A.
VKU Verband Kommunaler Unternehmen e.V.
Volkswagen
Volvo
Volvo Cars
Wacker Chemie
WindEurope
ZF Group
ZVEI – Verband der Elektro- und Digitalindustrie
2. Representatives of public authorities of third countries, including their diplomatic missions and embassies
United Kingdom – Minister for Trade
Mission of Japan to the European Union
Mission of Switzerland to the European Union
Türkiye - Minister for Trade
Morocco - Minister for Industry and Trade

The list above is drawn up under the exclusive responsibility of the rapporteurs.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the natural persons concerned the European Parliament's Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.