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OPINION (COM(2021)0563 – C90034/2022 – 2021/0213(CNS))

On the proposal for a Council directive restructuring the Union framework for the taxation of energy products and electricity (recast)

ITRE-AD-719575

Committee on Industry, Research and Energy · Rapporteur: Robert Hajšel

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The Committee on Industry, Research and Energy gives its opinion on the proposed Council directive restructuring EU energy taxation. It backs a tax structure based on energy content and environmental performance, and proposes amendments on social reporting, energy poverty, renewables and double taxation. It proposes a Social Monitor: Member States report every two years on social measures and revenues, and the Commission reports on energy prices and energy poverty. It replaces the definition of vulnerable consumers with a quantitative definition of energy poverty, and lets Member States keep exempting such households after the transition period. It makes tax exemptions for renewables mandatory, extends them to self-consumers, energy communities and purchase agreements, and bans taxation of energy use within the value chain, conversion and storage. It asks the Commission to adopt a common certification framework for the origin and source of electricity consumed.

Committee position. The committee proposes amendments to the Commission proposal, supporting the new tax structure while adding social reporting, a quantitative energy poverty definition, mandatory renewables exemptions, a ban on double taxation and a certification framework for electricity origin.

Key points

  1. The committee supports a tax rate structure based on energy content and environmental performance, and wants no exemptions or reductions for environmentally harmful activities.
  2. It proposes a Social Monitor: Member States report every two years on social measures and on revenues used, and the Commission reports every two years on energy prices and energy poverty.
  3. It replaces the definition of vulnerable consumers with a quantitative definition of energy poverty, using criteria such as energy cost share of disposable income and housing quality.
  4. Member States shall continue to exempt households in or at risk of energy poverty after the transition period if the Social Monitor shows no significant progress.
  5. Member States shall apply exemptions or reductions for pilot projects on sustainable renewable energy products and for renewable electricity from fuel cells.
  6. Member States shall exempt energy produced, consumed, stored or shared by renewables self-consumers, jointly acting self-consumers and household and SME members of renewable energy communities.
  7. Energy taxation shall apply only to final consumption; energy use within the value chain, conversion and storage shall not be taxed, and storage facilities and electric vehicle batteries shall not face double taxation.
  8. The Commission shall adopt a common certification framework specifying the origin and source of electricity consumed, helped by digitalisation of grids.
  9. The annual automatic adaptation of minimum tax rates to the harmonised index of consumer prices is deleted.
  10. Transitional increases in minimum tax levels are fixed at one tenth per year until 1 January 2033, with the first-year level for low-carbon fuels applying until that date.
  11. Sustainable alternative fuels and electricity for intra-EU waterborne navigation, fishing and freight transport are exempted from taxation for ten years.
  12. The Commission shall report every five years to Parliament and the Council, examining minimum tax levels, carbon content, air pollution, innovation, market accessibility and cohesion effects.

Who is affected

  • Households in or at risk of energy poverty: may be exempted from energy taxes for up to ten years and possibly longer.
  • Renewables self-consumers, energy communities and active consumers: their self-produced electricity shall be exempt from taxation.
  • Member States: must report every two years on social measures and revenues, and may keep flexibility on national tax policies.
  • Energy-intensive enterprises: may receive tax reductions if they commit to climate protection and energy efficiency measures.
  • Vehicles transporting agricultural products for food use: may get more advantageous tax rates as part of the agricultural sector.

Figures and deadlines

  • 55% reduction in net greenhouse gas emissions by 2030 compared to 1990
  • one tenth per year increase in minimum tax levels until 1 January 2033
  • ten years of tax exemption for sustainable alternative fuels and electricity in waterborne navigation
  • maximum period of ten years of exemption for households in energy poverty after entry into force
  • below 60% of national median equivalised disposable income as a criterion for energy poverty
  • market share of less than 1% in a Member State for tax reductions on energy products
  • reporting every two years after entry into force for the Commission and Member States
  • review every five years by the Commission