(1) the following Article 2a is inserted: "Article 2a Review When performing the review referred to in Article 19(5) of Regulation (EU) 2020/852, the Commission shall also review and assess the necessity to amend the dates referred to in Annex I, Section 4.27, Section 4.28, Section 4.29, point 1(b), Section 4.30, point 1(b) and Section 4.31, point 1(b). Any review of the date referred to in point (2) of Sections 4.27 and 4.28 to Annex I shall take into account the technical progress in accident-tolerant fuel commercialisation in the Union and worldwide."; (2) Annex I is amended in accordance with Annex I to this Regulation; (3) Annex II is amended in accordance with Annex II to this Regulation.
Commission Delegated Regulation (EU) 2022/1214 of 9 March 2022 amending Delegated Regulation (EU) 2021/2139 as regards economic activities in certain energy sectors and Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities (Text with EEA relevance)
(1) in Article 8, the following paragraphs 6, 7 and 8 are added: "6. Non-financial undertakings and financial undertakings shall disclose the amount and proportion of: (a) the taxonomy-aligned economic activities referred to in Sections 4.26, 4.27 and 4.28 of Annexes I and II to Delegated Regulation (EU) 2021/2139 in the denominator and the numerator of their key performance indicators; (b) the taxonomy-eligible, but not taxonomy-aligned, economic activities referred to in Sections 4.26, 4.27 and 4.28 of Annexes I and II to Delegated Regulation (EU) 2021/2139 in the denominator of their key performance indicators; (c) the taxonomy-non-eligible nuclear energy related activities in the denominator of their key performance indicators.
7. Non-financial undertakings and financial undertakings shall disclose the amount and proportion of: (a) the taxonomy-aligned economic activities referred to in Sections 4.29, 4.30 and 4.31 of Annexes I and II to Delegated Regulation (EU) 2021/2139 in the denominator and the numerator of their key performance indicators; (b) the taxonomy-eligible, but not taxonomy-aligned, economic activities referred to in Sections 4.29, 4.30 and 4.31 of Annexes I and II to Delegated Regulation (EU) 2021/2139 in the denominator of their key performance indicators; (c) the taxonomy-non-eligible fossil gas related activities in the denominator of their key performance indicators.
8. The information referred to in paragraphs 6 and 7 shall be presented in tabular form by using the templates set out in Annex XII to this Regulation."; (2) the text set out in Annex III to this Regulation is added as Annex XII.
General criteria pertaining to substantial contribution to climate change mitigation and Do no significant harm ("DNSH") |
(a) the Member State has fully transposed Council Directive 2009/71/Euratom and Council Directive 2011/70/EuratomCouncil Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18 ). ;Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48 ).(b) the Member State complies with the Treaty establishing the European Atomic Energy Community ("Euratom Treaty") and with legislation adopted on its basis, in particular, Directive 2009/71/Euratom, Directive 2011/70/Euratom and Council Directive 2013/59/Euratom , as well as applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU of the European Parliament and of the CouncilCouncil Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1 ). and Directive 2000/60/EC of the European Parliament and of the CouncilDirective 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1 ). ;Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1 ).(c) the Member State has in place, as of the approval date of the project, a radioactive waste management fund and a nuclear decommissioning fund which can be combined; (d) the Member State has demonstrated that it will have resources available at the end of the estimated useful life of the nuclear power plant corresponding to the estimated cost of radioactive waste management and decommissioning in compliance with Commission Recommendation 2006/851/Euratom ;Commission Recommendation 2006/851/Euratom of 24 October 2006 on the management of financial resources for the decommissioning of nuclear installations, spent fuel and radioactive waste (OJ L 330, 28.11.2006, p. 31 ).(e) the Member State has operational final disposal facilities for all very low-, low- and intermediate-level radioactive waste, notified to the Commission under Article 41 Euratom Treaty or Article 1(4) of Council Regulation (Euratom) No 2587/1999, and included in the national programme updated under Directive 2011/70/Euratom; (f) the Member State has a documented plan with detailed steps to have in operation, by 2050, a disposal facility for high-level radioactive waste describing all of the following: (i) concepts or plans and technical solutions for spent fuel and radioactive waste management from generation to disposal; (ii) concepts or plans for the post-closure period of a disposal facility’s lifetime, including the period during which appropriate controls are retained and the means to be employed to preserve knowledge of that facility in the longer term; (iii) the responsibilities for the plan implementation and the key performance indicators to monitor its progress; (iv) cost assessments and financing schemes.
(a) the adequacy of the accumulated resources referred to in point 1(c); (b) actual progress in the implementation of the plan referred to in point 1(f).
(a) has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom); (b) has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a) of Directive 2009/71/Euratom); (c) has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).
Additional criteria pertaining to substantial contribution to climate change mitigation | |
Additional criteria pertaining to Do no significant harm ("DNSH") | |
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General criteria pertaining to substantial contribution to climate change mitigation and Do no significant harm ("DNSH") |
(a) the Member State has fully transposed Council Directive 2009/71/Euratom and Council Directive 2011/70/Euratom; (b) the Member State complies with the Euratom Treaty and with legislation adopted on its basis, in particular, Directive 2009/71/Euratom, Directive 2011/70/Euratom and Directive 2013/59/Euratom, as well as applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU and Directive 2000/60/EC; (c) the Member State has in place, as of the approval date of the project, a radioactive waste management fund and a nuclear decommissioning fund which can be combined; (d) the Member State has demonstrated that it will have resources available at the end of the estimated useful life of the nuclear power plant corresponding to the estimated cost of radioactive waste management and decommissioning in compliance with Recommendation 2006/851/Euratom; (e) the Member State has operational final disposal facilities for all very low-, low- and intermediate-level radioactive waste, notified to the Commission under Article 41 of the Euratom Treaty or under Article 1(4) of Council Regulation 2587/1999 and included in the national programme updated under Council Directive 2011/70/Euratom; (f) the Member State has a documented plan with detailed steps to have in operation, by 2050, a disposal facility for high-level radioactive waste describing all of the following: (i) concepts or plans and technical solutions for spent fuel and radioactive waste management from generation to disposal; (ii) concepts or plans for the post-closure period of a disposal facility’s lifetime, including the period during which appropriate controls are retained and the means to be employed to preserve knowledge of that facility in the longer term; (iii) the responsibilities for the plan implementation and the key performance indicators to monitor its progress; (iv) cost assessments and financing schemes.
(a) the adequacy of the accumulated resources referred to in point 1(c); (b) actual progress in the implementation of the plan referred to in point 1(f).
(a) has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom); (b) has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a), of Directive 2009/71/Euratom); (c) has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).
Additional criteria pertaining to substantial contribution to climate change mitigation | |
Additional criteria pertaining to Do no significant harm ("DNSH") | |
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General criteria pertaining to substantial contribution to climate change mitigation and Do no significant harm ("DNSH") |
(a) the Member State has fully transposed Council Directive 2009/71/Euratom and Council Directive 2011/70/Euratom; (b) the Member State complies with the Euratom Treaty and with legislation adopted on its basis, in particular, Directive 2009/71/Euratom, Directive 2011/70/Euratom and Directive 2013/59/Euratom, and with applicable Union environmental law adopted under Article 192 TFEU, in particular Directive 2011/92/EU and Directive 2000/60/EC; (c) the Member State has in place, as of the approval date of the project, a radioactive waste management fund and a nuclear decommissioning fund which can be combined; (d) the Member State has demonstrated that it will have resources available at the end of the estimated useful life of the nuclear power plant corresponding to the estimated cost of radioactive waste management and decommissioning in compliance with Recommendation 2006/851/Euratom; (e) the Member State has operational final disposal facilities for all very low-, low- and intermediate-level radioactive waste, notified to the Commission under Article 41 of the Euratom Treaty or under Article 1(4) of Council Regulation 2587/1999 and included in the national programme updated under Council Directive 2011/70/Euratom; (f) for projects authorised after 2025, the Member State has a documented plan with detailed steps to have in operation, by 2050, a disposal facility for high-level radioactive waste describing all of the following: (i) concepts or plans and technical solutions for spent fuel and radioactive waste management from generation to disposal; (ii) concepts or plans for the post-closure period of a disposal facility’s lifetime, including the period during which appropriate controls are retained and the means to be employed to preserve knowledge of that facility in the longer term; (iii) the responsibilities for the plan implementation and the key performance indicators to monitor its progress; (iv) cost assessments and financing schemes.
(a) the adequacy of the accumulated resources referred to in point 1(c); (b) actual progress in the implementation of the plan referred to in point 1(f).
(a) has submitted a demonstration of nuclear safety, whose scope and level of detail is commensurate with the potential magnitude and nature of the hazard relevant for the nuclear installation and its site (Article 6, point (b), of Directive 2009/71/Euratom); (b) has taken defence-in-depth measures to ensure, inter alia, that the impact of extreme external natural and unintended man-made hazards is minimised (Article 8b(1), point (a), of Directive 2009/71/Euratom); (c) has performed an appropriate site and installation-specific assessment when the operator concerned applies for a licence to construct or operate a nuclear power plant (Article 8c(a) of Directive 2009/71/Euratom).
Additional criteria pertaining to substantial contribution to climate change mitigation | |
Additional criteria pertaining to Do no significant harm ("DNSH") | |
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Substantial contribution to climate change mitigation | |
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Do no significant harm ("DNSH") | |
| The activity complies with the criteria set out in Appendix A to this Annex. |
| The activity complies with the criteria set out in Appendix B to this Annex. |
| N/A |
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| The activity complies with the criteria set out in Appendix D to this Annex. |
Substantial contribution to climate change mitigation | |
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Do no significant harm ("DNSH") | |
| The activity complies with the criteria set out in Appendix A to this Annex. |
| The activity complies with the criteria set out in Appendix B to this Annex. |
| N/A |
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| The activity complies with the criteria set out in Appendix D to this Annex. |
Substantial contribution to climate change mitigation | |
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Do no significant harm ("DNSH") | |
| The activity complies with the criteria set out in Appendix A to this Annex. |
| The activity complies with the criteria set out in Appendix B to this Annex. |
| N/A |
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| The activity complies with the criteria set out in Appendix D to this Annex. |
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Substantial contribution to climate change adaptation | |
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Do no significant harm ("DNSH") | |
| The direct GHG emissions of the activity are lower than 270 g CO2e/kWh. |
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Substantial contribution to climate change adaptation | |
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Do no significant harm ("DNSH") | |
| The direct GHG emissions of the activity are lower than 270 g CO2e/kWh. |
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Substantial contribution to climate change adaptation | |
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Do no significant harm ("DNSH") | |
| The direct GHG emissions of the activity are lower than 270 g CO2e/kWh. |
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Substantial contribution to climate change adaptation | |
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Do no significant harm ("DNSH") | |
| The direct GHG emissions of the activity are lower than 270 g CO2e/kWh. |
| The activity complies with the criteria set out in Appendix B to this Annex. |
| N/A |
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| The activity complies with the criteria set out in Appendix D to this Annex. |
Substantial contribution to climate change adaptation | |
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Do no significant harm ("DNSH") | |
| The direct GHG emissions of the activity are lower than 270 g CO2e/kWh. |
| The activity complies with the criteria set out in Appendix B to this Annex. |
| N/A |
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| The activity complies with the criteria set out in Appendix D to this Annex. |
Substantial contribution to climate change adaptation | |
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Do no significant harm ("DNSH") | |
| The direct GHG emissions of the activity are lower than 270 g CO2e/kWh. |
| The activity complies with the criteria set out in Appendix B to this Annex. |
| N/A |
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| The activity complies with the criteria set out in Appendix D to this Annex." |
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Row | Nuclear energy related activities | |
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1. | The undertaking carries out, funds or has exposures to research, development, demonstration and deployment of innovative electricity generation facilities that produce energy from nuclear processes with minimal waste from the fuel cycle. | YES/NO |
2. | The undertaking carries out, funds or has exposures to construction and safe operation of new nuclear installations to produce electricity or process heat, including for the purposes of district heating or industrial processes such as hydrogen production, as well as their safety upgrades, using best available technologies. | YES/NO |
3. | The undertaking carries out, funds or has exposures to safe operation of existing nuclear installations that produce electricity or process heat, including for the purposes of district heating or industrial processes such as hydrogen production from nuclear energy, as well as their safety upgrades. | YES/NO |
4. | The undertaking carries out, funds or has exposures to construction or operation of electricity generation facilities that produce electricity using fossil gaseous fuels. | YES/NO |
5. | The undertaking carries out, funds or has exposures to construction, refurbishment, and operation of combined heat/cool and power generation facilities using fossil gaseous fuels. | YES/NO |
6. | The undertaking carries out, funds or has exposures to construction, refurbishment and operation of heat generation facilities that produce heat/cool using fossil gaseous fuels. | YES/NO |
Row | Economic activities | Amount and proportion (the information is to be presented in monetary amounts and as percentages) | |||||
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CCM + CCA | Climate change mitigation (CCM) | Climate change adaptation (CCA) | |||||
Amount | % | Amount | % | Amount | % | ||
1. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.26 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
2. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.27 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
3. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.28 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
4. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.29 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
5. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.30 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
6. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.31 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
7. | |||||||
8. |
Row | Economic activities | Amount and proportion (the information is to be presented in monetary amounts and as percentages) | |||||
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(CCM+CCA) | Climate change mitigation | Climate change adaptation | |||||
Amount | % | Amount | % | Amount | % | ||
1. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.26 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI | ||||||
2. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.27 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI | ||||||
3. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.28 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI | ||||||
4. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.29 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI | ||||||
5. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.30 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI | ||||||
6. | Amount and proportion of taxonomy-aligned economic activity referred to in Section 4.31 of Annexes I and II to Delegated Regulation 2021/2139 in the numerator of the applicable KPI | ||||||
7. | |||||||
8. |
Row | Economic activities | Proportion (the information is to be presented in monetary amounts and as percentages) | |||||
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(CCM+CCA) | Climate change mitigation | Climate change adaptation | |||||
Amount | % | Amount | % | Amount | % | ||
1. | Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.26 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
2. | Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.27 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
3. | Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.28 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
4. | Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.29 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
5. | Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.30 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
6. | Amount and proportion of taxonomy-eligible but not taxonomy-aligned economic activity referred to in Section 4.31 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||||||
7. | |||||||
8. |
Row | Economic activities | Amount | Percentage |
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1. | Amount and proportion of economic activity referred to in row 1 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.26 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||
2. | Amount and proportion of economic activity referred to in row 2 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.27 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||
3. | Amount and proportion of economic activity referred to in row 3 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.28 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||
4. | Amount and proportion of economic activity referred to in row 4 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.29 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||
5. | Amount and proportion of economic activity referred to in row 5 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.30 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||
6. | Amount and proportion of economic activity referred to in row 6 of Template 1 that is taxonomy-non-eligible in accordance with Section 4.31 of Annexes I and II to Delegated Regulation 2021/2139 in the denominator of the applicable KPI | ||
7. | |||
8. |