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Delegation of power
The Commission is empowered to adopt delegated acts in accordance with Article 44 to amend the arrangements whereby agreements between entities referred to in Article 23(1) and investments in storage capacity held by third parties are taken into account to meet their individual contribution set out in Article 23(5) and to establish the content of the reports referred to in Article 23(6).
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 23(12), 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. 3. The delegation of power referred to in Article 23(12), 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. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 23(12), Article 43 or 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.
Committee procedure
1. The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. For matters related to Article 25 of this Regulation, the Commission shall be assisted by the Advisory Committee on Public Procurement established by Council Decision 71/306/EEC ( 59 ) . For matters related to Article 26 of this Regulation, the Commission shall be assisted by the Energy Union Committee established by Article 44 of Regulation (EU) 2018/1999. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Evaluation
1. By 30 June 2028 and every three years thereafter, the Commission shall evaluate this Regulation and present a report on its main findings to the European Parliament, to the Council and to the European Economic and Social Committee. 2. The evaluation referred to in paragraph 1 shall assess: (a) whether the objectives of this Regulation as laid down in Article 1, in particular its contribution to the functioning of the internal market, have been achieved, this Regulation’s impact on business users, in particular SMEs, and end users, and the European Green Deal objectives; (b) whether this Regulation is fit to deliver beyond 2030 and towards the longer term 2050 climate neutrality target referred to in Article 1, taking into account, among other aspects, the possibility to include in this Regulation other technologies that can play a significant role in achieving climate neutrality by 2050; (c) whether benchmarks for specific technologies are needed in order to achieve the security of supply of those technologies for the Union. 3. The evaluation shall take into account: (a) the result of the monitoring process referred to in Article 42; (b) the technology needs stemming from the updates of the national energy and climate plans, including the Strategic Energy Technology Plan, taking into account the most recent State of the Energy Union Report. 4. Within the same period referred to in paragraph 1 of this Article, as well as after each renewal or update of the national energy and climate plans and after consulting with the Platform, the Commission shall assess the need, and where appropriate submit a proposal, to expand the list of net-zero technologies set out in Article 4. 5. The competent authorities of the Member States shall provide the Commission with any relevant information they have and that the Commission may require to draw up the report referred to in paragraph 1. 6. Where, on the basis of the report referred to in paragraph 1 of this Article, the Commission concludes that the Union is likely not to achieve the objectives set out in Article 1(1), it shall, after consulting the Platform, assess the feasibility and proportionality of proposing measures in order to ensure the achievement of those objectives. 7. By 30 March 2025, the Commission shall adopt a delegated act in accordance with Article 44 to amend the Annex on the basis of the list of net-zero technologies set out in Article 4, in order to identify the sub-categories within net-zero technologies and the list of specific components used for those technologies. That delegated act shall be based on a comprehensive assessment to identify specific essential components that can reasonably be considered to be primarily used for net-zero technologies. That assessment shall be based on a methodological analysis of the supply chains of the net-zero technologies, taking into account, in particular, the commercial availability of the components, the appropriate level of detail and developments in technology. The Commission may review that delegated act on the basis of that assessment.
Handling of confidential information
1. Information acquired in the course of implementing this Regulation shall be used only for the purposes of this Regulation and shall be protected by the relevant Union and national law. 2. Member States and the Commission shall ensure the protection of trade and business secrets and other sensitive, confidential and classified information obtained and processed in application of this Regulation, including recommendations and measures to be taken, in accordance with Union and relevant national law. 3. The Commission and Member States shall ensure that classified information provided or exchanged pursuant to this Regulation is not downgraded or declassified without the prior written consent of the originator in accordance with relevant Union or national law. 4. Where a Member State considers that the disclosure of aggregated information pursuant to Article 23 is likely to compromise its national security interest, it may, by means of a reasoned notice, object to the Commission’s disclosure of that information. 5. The Commission and the national authorities, their officials, employees and other persons working under the supervision of those authorities shall ensure the confidentiality of information obtained in carrying out their tasks and activities in accordance with relevant Union or national law. This obligation also applies to all representatives of Member States, observers, experts and other participants attending meetings of the Platform pursuant to Article 39.
Amendment to Regulation (EU) 2018/1724
Regulation (EU) 2018/1724 is amended as follows: (1) in Annex I, in the first column, a new row ‘R. Net-zero technology manufacturing projects’ is added; (2) in Annex I, in the second column, in the row ‘R. Net-zero technology manufacturing projects’, the following points are added: ‘1. information on the permit-granting process; 2. financing and investment services; 3. funding possibilities at Union or Member State level; 4. business support services, including but not limited to corporate tax declaration, local tax laws, labour law.’ ; (3) in Annex II, in the first column, a new row ‘Net-zero technology manufacturing projects’ is added; (4) in Annex II, in the second column, in the row ‘Net-Zero technology manufacturing projects’, the following point is added: ‘Procedures for all relevant permits to build, expand, convert and operate net-zero technology manufacturing projects, and net-zero strategic projects, including building, chemical and grid connection permits, environmental assessments and authorisations where required, and encompassing all applications and procedures.’ ; (5) in Annex II, in the third column, in the row ‘Net-Zero technology manufacturing projects’, the following point is added: ‘All outputs pertaining to the procedures ranging from the acknowledgement that the application is complete to the notification of the comprehensive decision on the outcome of the procedure by the designated contact point.’ ; (6) in Annex III, the following point is added: ‘(8) Single points of contact established or designated, pursuant to Article 6(1) of Regulation (EU) 2024/1735 of the European Parliament and of the Council ( *1 ) , including for the purposes of Article 18(1) of that Regulation and contact points established or designated pursuant to Article 33(1) thereof. ( *1 ) 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 ).’ "
Entry into force and application
1. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . 2. It shall apply from 29 June 2024. 3. Until 30 June 2026, Article 25(1) shall apply only to contracts concluded by central purchasing bodies as defined in Article 2(1), point (16), of Directive 2014/24/EU and Article 2(1), point (12), of Directive 2014/25/EU and for contracts of a value equal to or higher than EUR 25 million. 4. Articles 26 and 28 shall apply from 30 December 2025.
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