115 Amendments of Henna VIRKKUNEN related to 2021/0207(COD)
Amendment 38 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The EU ETS should contribute to effectively decarbonising air transport activities as much as possible. The transition from fossil fuels to sustainable aviation fuels will play a considerable role in that process. However, considering the high level of competition between aircraft operators and the important price differential between fossil kerosene and sustainable aviation fuels, this transition should be supported through economic incentives that reflect the environmental benefit of sustainable aviation fuels and make them more competitive for aircraft operators thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to individual aircraft operators, in proportion to the amount of sustainable aviation fuels used and reported. The amount of free allowances allocated for free should be adjusted with multipliers in order to take into account that some types of sustainable aviation fuels deliver higher environmental benefits and are more costly to purchase for aircraft operators. The Commission should regularly review the level of the multipliers based on fuels market price information available in the report published by the European Union Aviation Safety Agency pursuant to Article 12 of the Regulation on ensuring a level playing field for sustainable air transport.
Amendment 41 #
(10b) An Aviation Transition Fund (‘the Aviation Fund’) should be established to provide funds to the Member States to support their policies supporting aviation transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in Regulation 2021/02051a [FuelAviation] including systems for collection of raw materials for SAFs, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure. The Commission should submit legislative proposals for the creation of an Aviation Fund in the context of the proposals for the MFF Mid-term revision. The Aviation Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council. _________________ 1aProposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, https://eur- lex.europa.eu/procedure/EN/2021_205?ur i=PROCEDURE:2021_205
Amendment 42 #
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
(10c) When necessary, the Commission should review the Monitoring and Reporting Regulation and its guidance material, to ensure that the use of all types of sustainable aviation fuels, as defined in the Regulation on ensuring a level playing field for sustainable air transport, can be reported under the EU ETS.
Amendment 43 #
Proposal for a directive
Recital 10 d (new)
Recital 10 d (new)
(10d) Free allowances should also be allocated to individual aircraft operators, in proportion to their share of flights using best available aircraft technology, which reflects latest generation aircraft within each of the aircraft types on a non- discriminatory basis. Such list of aircraft performing with margins to the New Type ICAO CO2 standard was defined by the Platform on Sustainable Finance in its [preliminary[1]]recommendations for technical screening criteria for the EU taxonomy, and should provide the basis for the Commission to issue its taxonomy delegated act in accordance with the EU Taxonomy Regulation 2019/2088.1a _________________ 1aInternal note: The preliminary report was published on 3 August 2021 and is due to be finalised in March 2022. The draft report is available: https://ec.europa.eu/info/publications/210 803-sustainable-finance-platform- technical-screening-criteria-taxonomy- report_en
Amendment 44 #
Proposal for a directive
Recital 10 e (new)
Recital 10 e (new)
(10e) Each operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year – to the competent authorities who shall request that the reported data is substantiated and verify the data. To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances.
Amendment 48 #
Proposal for a directive
Recital 12
Recital 12
(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom. The allocation for the year 20247 should be based on the total allocation to active aircraft operators in year 20236, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 20236 but are covered by the EU ETS from year 20247 onwards.
Amendment 52 #
Proposal for a directive
Recital 13
Recital 13
(13) Increased auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC2027 should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.
Amendment 54 #
Proposal for a directive
Recital 14
Recital 14
(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance for flights to or from third countries that are considered to be participating in CORSIA. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, the credits should originate from states that are parties to the Paris Agreement and that participate in CORSIA,All offset credits under CORSIA should remain available to all carriers and double counting of credits should be avoided.
Amendment 59 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been considered acceptable by the ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions above. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 . _________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 60 #
Proposal for a directive
Recital 17
Recital 17
(17) For CORSIA implementation on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, surrender obligations should be decreased for Union-based aircraft operators operating these flights. Aircraft operators’ surrender obligations for these flights should be decreased to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application according to a baseline determined by the ICAO Council.
Amendment 64 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to ensure uniform conditions for listing countries which are considered to be applying CORSIA for the purposes of Directive 2003/87/EC pursuant to Article 25a(3) of that Directive, implementing powers should be conferred on the Commission to adopt and maintain the list of states other than EEA countries, Switzerland and the United Kingdom, which are considered to be participating in CORSIA for the purposes of Union law. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 75 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and from countries applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive, implementing powers should be conferred onor under a risk of market distortion, evaluated based on available facts, the Commission toshould exempt airlines based in the Union from surrender requirements in respect of emissions from flights where a significant distortion of competition to the detriment of airlines based in the Union occurs due to a less stringent implementation or enforcement of CORSIA in the third country. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counting provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 76 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should monitor, evaluate and report the potential risk of carbon leakage and distortion of competition following implementation of this Directive and, where appropriate, propose amendments in order to address and further prevent such adverse impacts.
Amendment 77 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) No later than by 31 December a year after the entry into force of this Directive, the Commission should assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, flight fares rates and ability of the aviation sector to pass on the cost of required emission units, household purchasing power, the magnitude of carbon leakage, the loss for European tourism destinations, the condition of European tourism sector and the reduction of connectivity on less- connected EU regions, among others by means of a comprehensive impact assessment of the Fit for 55 package.1a Following its result, the Commission should determine whether it is justified to revise this Directive, and, where appropriate, it should submit a legislative proposal for that purpose in order to reach global GHG emissions reduction in the most cost effective way and preserve a level-playing field. _________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.
Amendment 78 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The EU ETS should contribute to effectively decarbonising air transport activities as much as possible. The transition from fossil fuels to sustainable aviation fuels will play a considerable role in that process. However, considering the high level of competition between aircraft operators and the important price differential between fossil kerosene and sustainable aviation fuels, this transition should be supported through economic incentives that reflect the environmental benefit of sustainable aviation fuels and make them more competitive for aircraft operators thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to individual aircraft operators, in proportion to the amount of sustainable aviation fuels used and reported. The amount of free allowances allocated for free should be adjusted with multipliers in order to take into account that some types of sustainable aviation fuels deliver higher environmental benefits and are more costly to purchase for aircraft operators. The Commission should regularly review the level of the multipliers based on fuels market price information available in the report published by the European Union Aviation Safety Agency (EASA) pursuant to a regulation at Union level on ensuring a level playing field for sustainable air transport.
Amendment 78 #
Proposal for a directive
Recital 22 c (new)
Recital 22 c (new)
(22c) (28e) The Union and its Member States have consistently supported the development of CORSIA in the International Civil Aviation Organization (ICAO). Several design elements of CORSIA are inspired by the EU ETS. In order to preserve the credibility of the Union and its Member States in ICAO, it is therefore important to align the EU ETS with CORSIA as far as it is appropriate.
Amendment 83 #
Proposal for a directive
Recital 10 b (new)
Recital 10 b (new)
(10b) An Aviation Transition Fund (‘the Aviation Fund’) should be established to provide funds to the Member States to support their policies supporting aviation transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in a regulation at Union level on ensuring a level playing field for sustainable air transport, including systems for collection of raw materials for sustainable aviation fuels, investments in research and development and first industrial application of technologies and designs reducing greenhouse gas emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure. The Commission should submit legislative proposals for the creation of an Aviation Fund in the context of the proposals for the MFF Mid-term revision. The Aviation Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
Amendment 85 #
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
(10c) When necessary, the Commission should review the Monitoring and Reporting Regulation and its guidance material, to ensure that the use of all types of sustainable aviation fuels, as defined in a Regulation on ensuring a level playing field for sustainable air transport, can be reported under the EU ETS.
Amendment 86 #
Proposal for a directive
Recital 10 d (new)
Recital 10 d (new)
(10d) Free allowances should also be allocated to individual aircraft operators, in proportion to their share of flights using best available aircraft technology, which reflects latest generation aircraft within each of the aircraft types on anon- discriminatory basis. Such list of aircraft performing with margins to the New Type ICAO CO2 standard was defined by the Platform on Sustainable Finance in its preliminary recommendations for technical screening criteria for the EU taxonomy, and should provide the basis for the Commission to issue its taxonomy delegated act in accordance with the Regulation (EU) 2019/2088 of the European Parliament and of the Council (‘Taxonomy Regulation’).1a __________________ 1aInternal note: The preliminary report was published on 3 August 2021 and is due to be finalised in March 2022. The draft report is available: https://ec.europa.eu/info/publications/210 803-sustainable-finance-platform- technical-screening-criteria-taxonomy- report_en
Amendment 86 #
Proposal for a directive
Recital 25
Recital 25
(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member Stateto and from an outermost region, between two different outermost regions and between islands inside outermost regions.
Amendment 87 #
Proposal for a directive
Recital 10 e (new)
Recital 10 e (new)
(10e) Each aircraft operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year – to the competent authorities who shall request that the reported data is substantiated and verify the data. To reduce administrative burden on authorities and aircraft operators, the latter may choose not to report this share, resulting in no free allowances.
Amendment 96 #
Proposal for a directive
Recital 12
Recital 12
(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom. The allocation for the year 20247 should be based on the total allocation to active aircraft operators in year 20236, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 20236 but are covered by the EU ETS from year 20247 onwards.
Amendment 97 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The Commission should consider possible amendments to Directive 2003/87/EC with regard to regulatory simplification. The Commission and Member State authorities should continuously adapt to best practice administrative procedures and take all measures to simplify the implementation of Directive 2003/87/EC, keeping administrative burdens to a minimum.
Amendment 99 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2003/87/EC
Article 3 c – paragraph 2
Article 3 c – paragraph 2
(a) paragraph 2 is deleted,replaced by the following: 2. For the period referred to in Article 13, beginning on 1 January 2013, and, in the absence of any amendments following the review referred to in Article 30(4), for each subsequent period till the end of [2026], the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 95 % of the historical aviation emissions multiplied by the number of years in the period. 15 % of allowances shall be auctioned. 85 % of allowances shall be allocated for free in accordance with Article 3d (1d) of this Directive.
Amendment 102 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 5
Article 3 c – paragraph 5
5. The Commission shall determine the total quantity of allowances to be allocated in respect of aircraft operators for the year 20247 on the basis of the total allocation of allowances in respect of aircraft operators that were performing aviation activities falling within Annex I in the year 20236, reduced by the linear reduction factor specified in Article 9, and shall publish that quantity, as well as the quantity of free allocation which would have taken place in 20247 if the rules for free allocation were not updated.
Amendment 103 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 5 a (new)
Article 3 c – paragraph 5 a (new)
5a. Additional allocation of allowances will be distributed to aircraft operators corresponding to their CORSIA obligation stemming from international flights between Member States, the United Kingdom and Switzerland. These allowances will be allocated to operators in the EU ETS compliance year that is subsequent to the CORSIA compliance year without prejudice to the free allocation.
Amendment 104 #
Proposal for a directive
Recital 13
Recital 13
(13) Increased auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC2027 should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.
Amendment 107 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 6
Article 3 c – paragraph 6
6. In respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, which were not covered by the EU ETS in 20236, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, including free allocation and auctioning, which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.
Amendment 109 #
Proposal for a directive
Recital 14
Recital 14
(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance for flights to or from third countries that are considered to be participating in CORSIA. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, the credits should originate from states that are parties to the Paris Agreement and that participate in CORSIA,All offset credits under CORSIA should remain available to all carriers and double counting of credits should be avoided.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 7
Article 3 c – paragraph 7
7. By way of derogation from Articles 12(2a3b), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 2030 from flights betweento and from an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State outside that, from flights between two different outermost regions and between islands inside outermost regions.;
Amendment 114 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been considered acceptable by the ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions above. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 . __________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 d – paragraph 1
Article 3 d – paragraph 1
1. In 20247, 25% of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3c shall be auctioned.’,
Amendment 116 #
Proposal for a directive
Recital 17
Recital 17
(17) For CORSIA implementation on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, surrender obligations should be decreased for Union-based aircraft operators operating these flights. Aircraft operators’ surrender obligations for these flights should be decreased to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application according to a baseline determined by the ICAO Council.
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraph 1 a
Article 3 d – paragraph 1 a
1a. In 20258, 50% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.
Amendment 122 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to ensure uniform conditions for listing countries which are considered to be applying CORSIA for the purposes of Directive 2003/87/EC pursuant to Article 25a(3) of that Directive, implementing powers should be conferred on the Commission to adopt and maintain the list of states other than EEA countries, Switzerland and the United Kingdom, which are considered to be participating in CORSIA for the purposes of Union law. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraph 1 b
Article 3 d – paragraph 1 b
1b. In 20269, 75% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraph 1 c
Article 3 d – paragraph 1 c
1c. As from 1 January 202730, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’,
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraph 1 d
Article 3 d – paragraph 1 d
1.d. Allowances which are allocated for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 20236. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 20236.’,
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 2003/87/EC
Article 3 d – paragraph 4
Article 3 d – paragraph 4
4. Member States shall determine the use of revenues generated from the auctioning of allowances covered by this Chapter, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union and the revenues transferred to the Aviation Transition Fund. Member States shall use the revenues generated from the auctioning of allowances in accordance with Article 10(3).;
Amendment 134 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2003/87/EC
Article 3 d (new)
Article 3 d (new)
(2a) The following Article 3d (new) is added: Article 3d (new) Aviation Transitional Fund 1. A dedicated Aviation Transition Fund (“the Aviation Fund”) shall be proposed by the Commission through a dedicated act in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in the EU aviation sector; 2. The Aviation Fund shall constitute an integral part of the EU budget and shall be fully budgeted within the MFF ceilings. The budgetary envelope for this programme shall be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Aviation Fund shall be managed centrally by the Commission; 3. The dedicated Aviation Fund shall support the transition to energy efficient and climate resilient EU aviation sector supporting development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in Regulation 2021/02051a [FuelAviation] including systems for collection of raw materials for SAFs, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure; _________________ 1aProposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, https://eur- lex.europa.eu/procedure/EN/2021_205?ur i=PROCEDURE:2021_205
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2003/87/EC
Article 3 d a (new)
Article 3 d a (new)
Amendment 138 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and from countries applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive, implementing powers should be conferred onor under a risk of market distortion, evaluated based on available facts, the Commission toshould exempt airlines based in the Union from surrender requirements in respect of emissions from flights where a significant distortion of competition to the detriment of airlines based in the Union occurs due to a less stringent implementation or enforcement of CORSIA in the third country. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counting provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.
Amendment 140 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should monitor, evaluate and report potential risk of carbon leakage and distortion of competition following implementation of this Directive and, where appropriate, propose amendments in order to address and further prevent such adverse impacts.
Amendment 141 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) By 31 December of the year following the entry into force of this Directive, the Commission should assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, flight fares rates and ability of the aviation sector to pass on the cost of required emission units, household purchasing power, the magnitude of carbon leakage, the loss for European tourism destinations, the condition of European tourism sector and the reduction of connectivity on less- connected EU regions, among others by means of a comprehensive impact assessment of the Fit for 55 package.1a Following its result, the Commission should determine whether it is justified to revise this Directive, and, where appropriate, it should submit a legislative proposal for that purpose in order to reach global greenhouse gas emissions reduction in the most cost effective way and preserve a level-playing field. __________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021
Amendment 142 #
Proposal for a directive
Recital 22 c (new)
Recital 22 c (new)
(22c) The Union and its Member States have consistently supported the development of CORSIA in the International Civil Aviation Organization (ICAO). Several design elements of CORSIA are inspired by the EU ETS. In order to preserve the credibility of the Union and its Member States in ICAO, it is therefore important to align the EU ETS with CORSIA as far as it is appropriate.
Amendment 143 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2003/87/EC
Article 3 e (new)
Article 3 e (new)
(3a) The following Article 3e (new) is added: Article 3e (new) 1. Year before entrance into force of this Directive, the remaining allowances set aside in the special reserve shall be available for aircraft operators: (a) who start performing an aviation activity falling within Annex I after the monitoring year for which tonne- kilometre data was submitted under Article 3e(1) in respect of a period referred to in Article 3c(2); or (b) whose tonne-kilometre data increases by an average of more than 18 % annually between the monitoring year for which tonne-kilometre data was submitted under Article 3e(1) in respect of a period referred to in Article 3c(2) and the second calendar year of that period; and whose activity under point (a), or additional activity under point (b), is not in whole or in part a continuation of an aviation activity previously performed by another aircraft operator. 2. An aircraft operator who is eligible under paragraph 1 may apply for a free allocation of allowances from the special reserve by making an application to the competent authority of its administering Member State. Any application shall be made by 30 June the year before the entrance into force of this Directive.
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 11 a – paragraph 2
Article 11 a – paragraph 2
Amendment 153 #
Proposal for a directive
Recital 25
Recital 25
(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member Stateto and from an outermost region, between two different outermost regions and between islands inside outermost regions.
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 11 a – paragraph 3 – subparagraph 1
Article 11 a – paragraph 3 – subparagraph 1
3. Units referred to in paragraph 1, points (a), (b) and (c), may be used if arrangements are in place for authorisation by the participating parties, timely adjustments are made to the reporting of anthropogenic emissions by sources and removals by sinks covered by the nationally determined contributions of the participating parties, and that double counting and a net increase in global emissions are avoided.
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 11 a – paragraph 3 – subparagraph 2
Article 11 a – paragraph 3 – subparagraph 2
The Commission shallmay adopt implementing acts laying down more detailed requirements for the arrangements referred to in the first subparagraph, which may include reporting and registry requirements, and for listing the states or programmes which apply these arrangements. Arrangements shall take account of flexibilities accorded to Least Developed Countries and Small Island Developing States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).’,
Amendment 157 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
Article 11 a – paragraph 8
Article 11 a – paragraph 8
8. The Commission shall adopt an implementing act listing credits which, have been considered eligible by the ICAO Council, and that fulfil the conditions laid down in paragraphs 2 and 3. The Commission shall amend that list as appropriate. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – introductory part
Article 12 – paragraph 6 – subparagraph 1 – introductory part
6. In accordance with the methodology laid down in the delegated act referred to in paragraph 7, Member States shall calculate the offsetting each year for the preceding calendar year within the meaning of ICAO’s International Standards and Recommended Practices on Environmental Protection for Carbon Offsetting and Reduction Scheme for International Aviation, other than those which apply in respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, and by 30 November each year inform the aircraft operators that fulfil all of the following conditions of the level of offsetting:
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – point b
Article 12 – paragraph 6 – subparagraph 1 – point b
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I to this Directive and by Article 2(3) and (4) of Commission Delegated Regulation (EU) 2019/16031a, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019.21. _________________ 1aCommission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (Text with EEA relevance.)OJ L 250, 30.9.2019, p. 10–13
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2003/87/EC
Article 12 – paragraph 8
Article 12 – paragraph 8
8. In respect of flights to, from and between the countries that are listed in the implementing act adopted pursuant to Article 25a(3), and international flights between aerodromes located in the EEA, in Switzerland or in the United Kingdom, aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, shall cancel units referred to in Article 11a only in respect of the quantity notified by that Member State in respect of the relevant calendar year. The cancelation shall take place by 31 January 2025 for emissions in the period 2021 to 2023, by 31 January 2028 for emissions in the period 2024 to 2026, by 31 January 2031 for emissions in the period 2027 to 2029, by 31 January 2031 for emissions in the period 2027 to 2029, by 31 January 2034 for emissions in the period 2030 to 2032 and by 31 January 2037 for emissions in the period 2033 to 2035,;
Amendment 168 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The Commission should consider possible amendments to Directive 2003/87/EC with regards to regulatory simplification. The Commission and Member State authorities should continuously adapt to best practice administrative procedures and take all measures to simplify the implementation of Directive 2003/87/EC, keeping administrative burdens to a minimum.
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 18 a – paragraph 3 – point b
Article 18 a – paragraph 3 – point b
(b) as from 2024[year entry into force of this Directive], at least every two years, update the list to include aircraft operators which have subsequently performed an aviation activity listed in Annex I.;
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 2003/87/EC
Article 3 c – paragraph 2
Article 3 c – paragraph 2
(a) paragraph 2 is deleted,replaced by the following: “2. For the period referred to in Article 13, beginning on 1 January 2013, and, in the absence of any amendments following the review referred to in Article 30(4), for each subsequent period till the end of [2026], the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 95 % of the historical aviation emissions multiplied by the number of years in the period. 15 % of allowances shall be auctioned. 85 % of allowances shall be allocated for free in accordance with Article 3d (1d) of this Directive.”
Amendment 170 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 3
Article 25 a – paragraph 3
3. TAs of 1 January 2027, the Commission shall adopt on an annual basis, an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to bnot applying CORSIA, and which are applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020decided by the ICAO Council for each year thereafter. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 4
Article 25 a – paragraph 4
4. In respect of emissions from flights to or from countries that are listed in the implementing act adopted pursuant to paragraph 3, aircraft operators that hold an air operator certificate issued by a country or that is registered in a country that is listed therein, or is exempt from mandatory offsetting in accordance with the exemptions laid down in CORSIA SARPs, shall not be required to cancel units in respect of those emissions.
Amendment 174 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 6
Article 25 a – paragraph 6
6. In respect of emissions from flights to and from Least Developed Countries and Small Island Developing States as defined by the United Nations, other than those countries whose GDP per capita equals or exceeds the Union average and those countries listed in the implementing act adopted pursuant to paragraph 3, aircraft operators shall not be required to cancel units.
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 5
Article 3 c – paragraph 5
5. The Commission shall determine the total quantity of allowances to be allocated in respect of aircraft operators for the year 20247 on the basis of the total allocation of allowances in respect of aircraft operators that were performing aviation activities falling within Annex I in the year 20236, reduced by the linear reduction factor specified in Article 9, and shall publish that quantity, as well as the quantity of free allocation which would have taken place in 20247 if the rules for free allocation were not updated.
Amendment 177 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 7
Article 25 a – paragraph 7
7. Where the Commission determines that there is a significant distortion of competition which is detrimental to aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, the Commission shall be empowered to adopt implementing acts to exempt those aircraft operators from surrender requirements as laid down in Article 12(8) in respect of emissions from flights to and from such countries and/or put in place other carbon mitigation options. The distortion of competition may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators, or any other risk in relation to the market distortion. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 8
Article 25 a – paragraph 8
8. Where an aircraft operator that holds an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, operates flights between two different countries listed in the implementing act adopted pursuant to paragraph 3, including flights that take place between Switzerland, the United Kingdom and countries listed in the implementing act adopted pursuant to paragraph 3, and those countries allow aircraft operators to use other units than those on the list adopted pursuant to Article 11a(8), the Commission shall be empowered to adopt implementing acts allowing those aircraft operators to use unit types additional to that list or not to be bound by the conditions of Article 11a(2) and (3) in respect of emissions from such flights. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2003/87/EC
Article 30 (new)
Article 30 (new)
(9a) The following Article 30 (new) is added: Article 30 Carbon adjustment measure To avoid carbon leakage and distortion of competition, an adjustment measure should be adopted for the proportion of EU ETS-costs on intra-EEA flights allocated to passengers transferring to a final destination outside the EU and vice versa. This adjustment measure is calculated as follows per airline: a. In accordance with Annex IV and by 31 March of each year, airlines operating flights where the Treaty applies, shall report to the National Competent Authority and the Verifier for every city pair the annual fuel consumption on individual connections and the ratio of the number of passengers with connecting flights into or out of the EEA("transfer passengers") to the total number of passengers on this connection ("passengers"); b. The adjustment for each city pair equals:(number of transfer passengers / total number of passengers) x fuel consumption x emission factor; c. The cumulative amount of this adjustment for all city pairs together is deducted from the total amount of verified emissions for which the corresponding allowances are to be surrendered by an airline in that same period.
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 6
Article 3 c – paragraph 6
6. In respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, which were not covered by the EU ETS in 20236, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, including free allocation and auctioning, which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Directive 2003/87/EC
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Annex I
Annex I
(a) the aircraft operator holds an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State;
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Annex I
Annex I
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) state flights; (ii) humanitarian flights; (iii) medical flights; (iv) military flights; (v) firefighting flights..
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 Directive 2003/87/EC
Article 1 – paragraph 1 – point 10 Directive 2003/87/EC
(ma ) flights to and from an outermost region, between two different outermost regions and between islands inside outermost regions.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 7
Article 3 c – paragraph 7
7. By way of derogation from Articles 12(2a3b), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 2030 from flights betweento and from an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State outside that, from flights between two different outermost regions and between islands inside outermost regions.;
Amendment 190 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Directive 2003/87/EC
Article 3 g e (new) – paragraph 2 a (new)
Article 3 g e (new) – paragraph 2 a (new)
Article 1a In Article 3ge (new) a new paragraph 2a is added: 2a. No later than by 31 December two years after the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in the labour market, transport freight rates, household purchasing power and the magnitude of carbon leakage among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level-playing field.
Amendment 191 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2023of the subsequent year to the year of entry into force of this Directive. They shall immediately communicate the text of those measures to the Commission.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 d – paragraph 1
Article 3 d – paragraph 1
1. In 20247, 25% of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3c shall be auctioned.’,
Amendment 192 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Directive 2003/87/EC
Article 3 a
Article 3 a
(-1) the Article 3a is replaced by the following: Scope Articles 3b to 3f shall apply to the allocation and issue of allowances in respect of aviation activities listed in Annex I. Articles 3g to 3ge shall apply in respect of the maritime transport activities listed in Annex I.
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Directive 2003/87/EC
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
Amendment 194 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 4
Article 10 – paragraph 1 – subparagraph 4
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point k a (new)
Article 10 – paragraph 3 – point k a (new)
(4b new) In Article 10 - paragraph 3, the following point ka is added: (ka) Member States shall annually report to the Commission on the use of revenues and the actions taken pursuant to this paragraph and in line with Decision No 280/2004/EC. The Commission shall subsequently make that information publicly available together with recommendations on how to improve such usage.
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)
Article 1 – paragraph 1 – point 4 c (new)
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 1
Article 10 a – paragraph 8 – subparagraph 1
(4c) in Article 10 a - paragraph 8, subparagraph 1 and 2 are replaced by the following: 365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting support innovation in and deployment of low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph. In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020under Commission Decision 2010/670/EU1a,and shall be used in a timely manner for innovation and deployment support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) [FuelEUMaritime] shall be allocated to the Innovation Fund and implemented in line with this paragraph. The Innovation Fund shall facilitate the green transition of the aviation sector through earmarking of a significant amount corresponding to the proceeds of the auctioning in this sector to induce innovation and technological development, assist with the first industrial application, develop further support mechanisms and create necessary infrastructure, including development and deployment of sustainable aviation fuels. _________________ 1aCommission Decision 2010/670/EU of3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the system for greenhouse gas emission allowance trading within the Union established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).
Amendment 197 #
Proposal for a directive
Article 1- paragraph 1 – point 7 a (new)
Article 1- paragraph 1 – point 7 a (new)
Directive 2003/87/EC
Article 21 – paragraph 4 a
Article 21 – paragraph 4 a
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new) Directive 2003/87/EC
Article 1 – paragraph 1 – point 7 b (new) Directive 2003/87/EC
(7b) The following Article 21a (new) is added: Article 21a The Commission shall consider possible amendments to this Directive with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum. The Commission shall present, by [1 year before the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” prinicple1,proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraph 1 a
Article 3 d – paragraph 1 a
1a. In 20258, 50% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraph 1 b
Article 3 d – paragraph 1 b
1b. In 20269, 75% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraph 1 c
Article 3 d – paragraph 1 c
1c. As from 1 January 202730, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’,
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraph 1 d
Article 3 d – paragraph 1 d
1.d. Allowances which are allocated for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 20236. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 2023.’,6.
Amendment 232 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 2003/87/EC
Article 3 d – paragraph 4
Article 3 d – paragraph 4
4. Member States shall determine the use of revenues generated from the auctioning of allowances covered by this Chapter, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union. and the revenues transferred to the Aviation Transition Fund. Member States shall use the revenues generated from the auctioning of allowances in accordance with Article 10(3).;
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2003/87/EC
Article 3 d a (new)
Article 3 d a (new)
(2a) The following article is added: ‘Article 3da Aviation Transitional Fund 1. A dedicated Aviation Transition Fund (“the Aviation Fund”) shall be proposed by the Commission through a dedicated act in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in the EU aviation sector. 2. The Aviation Fund shall constitute an integral part of the budget of the Union and shall be fully budgeted within the MFF ceilings. The budgetary envelope for this programme shall be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Aviation Fund shall be managed centrally by the Commission. 3. The dedicated Aviation Fund shall support the transition to energy efficient and climate resilient EU aviation sector supporting development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels (SAF) as defined in a Regulation on ensuring a level playing field for sustainable air transport including systems for collection of raw materials for SAFs, investments in research and development and first industrial application of technologies and designs reducing greenhouse gas emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure.; __________________ 1aProposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, https://eur- lex.europa.eu/procedure/EN/2021_205?ur i=PROCEDURE:2021_205.’
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2003/87/EC
Article 3 d b (new)
Article 3 d b (new)
Amendment 239 #
Proposal for a directive
Article 1 – paragraph 1- point 2 c (new)
Article 1 – paragraph 1- point 2 c (new)
Directive 2003/87/EC
Article 3 d c (new)
Article 3 d c (new)
(2c) The following article is inserted: “Article 3dc Reporting and review By 31 December of the second year following the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in the labour market, transport freight rates, household purchasing power and the magnitude of carbon leakage among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global greenhouse gas emissions reduction and preserve a level- playing field. ”
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2003/87/EC
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
(3a) In Article 5, the following paragraph is added: ‘The Commission shall undertake to present, by [1 year after the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” principle, proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the sectors to which Directive 2003/87/EC applies.’;
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3 a (new)
Article 10 – paragraph 1 – subparagraph 3 a (new)
(4a) In Article 10(1), the following subparagraph is inserted after the third subparagraph: ‘In addition, 4% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65% of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of1,5% of the total quantity of allowances between ... [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).’;
Amendment 250 #
Proposal for a directive
Article 4 – paragraph 1 – point 4 b (new)
Article 4 – paragraph 1 – point 4 b (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 3
Article 10 – paragraph 3 – subparagraph 3
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraphs 1 and 2
Article 10 a – paragraph 8 – subparagraphs 1 and 2
(4a) In Article 10a(8), the first and second subparagraphs are replaced by the following: ‘8. 365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in and deployment of low- carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph. In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU1a, and shall be used in a timely manner for innovation and deployment support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in a Regulation on the use of renewable and low-carbon fuels in maritime transport shall be allocated to the Innovation Fund and implemented in line with this paragraph. The Innovation Fund shall facilitate the green transition of the aviation sector through earmarking of a significant amount corresponding to the proceeds of the auctioning in this sector to induce innovation and technological development, assist with the first industrial application, develop further support mechanisms and create necessary infrastructure, including development and deployment of sustainable aviation fuels. __________________ 1aCommission Decision 2010/670/EU of3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the system for greenhouse gas emission allowance trading within the Union established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).
Amendment 262 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 11 a – paragraph 2
Article 11 a – paragraph 2
Amendment 263 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 11 a – paragraph 2 – introductory part
Article 11 a – paragraph 2 – introductory part
2. Units referred to in paragraph 1, points (a) and (b), may be used if the following conditions have been met:
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 11 a – paragraph 2 – point b
Article 11 a – paragraph 2 – point b
(b) they originate from a country that is listed in the implementing act adopted pursuant to Article 25a(3) as participating in offsetting under Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). This condition shall not apply in respect of emissions before 2027, nor shall it apply in respect of Least Developed Countries and Small Island Developing States, as defined by the United Nations, except for those countries whose GDP per capita equals or exceeds the Union average unless the country is exempt from mandatory offsetting in accordance with the exemptions laid down in Annex 16, Volume IV (‘CORSIA SARPs’) to the Convention on the International Civil Aviation Organization (‘Chicago Convention’).
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 11 a – paragraph 3 – subparagraph 1
Article 11 a – paragraph 3 – subparagraph 1
Units referred to in paragraph 1, points (a), (b) and (c), may be used if arrangements are in place for authorisation by the participating parties, timely adjustments are made to the reporting of anthropogenic emissions by sources and removals by sinks covered by the nationally determined contributions of the participating parties, and that double counting and a net increase in global emissions are avoided.
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2003/87/EC
Article 11 a – paragraph 8
Article 11 a – paragraph 8
8. The Commission shall adopt an implementing act listing credits which, have been considered eligible by the ICAO Council, and that fulfil the conditions laid down in paragraphs 2 and 3. The Commission shall amend that list as appropriate. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;
Amendment 275 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – introductory part
Article 12 – paragraph 6 – subparagraph 1 – introductory part
6. In accordance with the methodology laid down in the delegated act referred to in paragraph 7, Member States shall calculate the offsetting each year for the preceding calendar year within the meaning of ICAO’s International Standards and Recommended Practices on Environmental Protection for Carbon Offsetting and Reduction Scheme for International Aviation, other than those which apply in respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, and by 30 November each year inform the aircraft operators that fulfil all of the following conditions of the level of offsetting:
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – point b
Article 12 – paragraph 6 – subparagraph 1 – point b
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I to this Directive and by Article 2(3) and (4) of Commission Delegated Regulation(EU) 2019/16031a, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019.21. __________________ 1aCommission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (Text with EEA relevance.)OJ L 250, 30.9.2019, p. 10–13
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b
Article 1 – paragraph 1 – point 6 – point b
Directive 2003/87/EC
Article 12 – paragraph 7
Article 12 – paragraph 7
7. Member States shall, for the purposes of the application of CORSIA SARPs, calculate, for each of the aircraft operators referred to in paragraph 8, the amount of CO2 emissions required to be offset for the preceding year (ORy) as follows: ORy = OEy * SGFy Where: OEy = airplane operator’s CO2 emissions in the preceding year y from flights between States included in the document ‘CORSIA States for Chapter 3 State pairs’ verified in accordance with Commission Delegated Regulation (EU) 2019/1603 SGFy = Sector’s Growth Factor for year y as defined in ICAO document “CORSIA Annual Sector’s Growth Factor (SGF)” for the given year y. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by laying down changes to the methodology for calculating offsetting responsibilities for aircrafteroplane operators in accordance with CORSIA SARPs.
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 18 a – paragraph 3 – point b
Article 18 a – paragraph 3 – point b
(b) as from 2024[the year of entry into force of this Directive], at least every two years, update the list to include aircraft operators which have subsequently performed an aviation activity listed in Annex I.;
Amendment 299 #
Proposal for a directive
Article – paragraph 1 – point 7 a (new)
Article – paragraph 1 – point 7 a (new)
Directive 2003/87/EC
Article 21 – title
Article 21 – title
(7a) In Article 21, the title is replaced by the following: ‘Reporting by Member States and the Commission’
Amendment 300 #
Proposal for a directive
Article – paragraph 1 – point 7 b (new)
Article – paragraph 1 – point 7 b (new)
Directive 2003/87/EC
Article 21 – paragraph 4 a (new)
Article 21 – paragraph 4 a (new)
(7b) In Article 21, the following paragraph is added: ‘4a. The Commission shall monitor and evaluate the implementation of this Directive, possible trends and adverse impacts as regards, inter alia, the Union’s competitiveness and companies seeking to avoid being bound by the requirements of this Directive through annual reports analysing market distortions, scale of carbon and business leakage and deterioration of level playing field. If appropriate, the Commission shall propose measures to prevent possible adverse impacts. By 31 December of the year following the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, transport freight rates, household purchasing power and the magnitude of carbon and business leakage per economic sector among others by means of a comprehensive impact assessment of the Fit for 55 package.1a Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global greenhouse gas emissions reduction and preserve a level- playing field.’; __________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.
Amendment 301 #
Proposal for a directive Article1 – paragraph 1 – point 7 a (new) Directive 2003/87/EC
Article 21 a (new)
Article 21 a (new)
(7a) The following article is inserted: ‘Article 21a The Commission shall consider possible amendments to this Directive with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum. The Commission shall present, by [1 year before the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” prinicple1,proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors.’;
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 3
Article 25 a – paragraph 3
3. TAs of 1 January 2027, the Commission shall adopt on an annual basis, an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to bnot applying CORSIA, and which are applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020decided by the ICAO Council for each year thereafter. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).
Amendment 311 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 4
Article 25 a – paragraph 4
4. In respect of emissions from flights to or from countries that are listed in the implementing act adopted pursuant to paragraph 3, aircraft operators that hold an air operator certificate issued by a country or that is registered in a country that is listed therein, or is exempt from mandatory offsetting in accordance with the exemptions laid down in CORSIA SARPs, shall not be required to cancel units in respect of those emissions.
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 6
Article 25 a – paragraph 6
6. In respect of emissions from flights to and from Least Developed Countries and Small Island Developing States as defined by the United Nations, other than those countries whose GDP per capita equals or exceeds the Union average and those countries listed in the implementing act adopted pursuant to paragraph 3, aircraft operators shall not be required to cancel units.
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 6
Article 25 a – paragraph 6
6. In respect of emissions from flights to and from Least Developed Countries and Small Island Developing States as defined by the United Nationcountries that are exempt from mandatory offsetting in accordance with the exemptions laid down in CORSIA SARPs, other than those listed in the implementing act adopted pursuant to paragraph 3, aircraft operators shall not be required to cancel units.
Amendment 316 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 7
Article 25 a – paragraph 7
7. Where the Commission determines that there is a significant distortion of competition which is detrimental to aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, the Commission shall be empowered to adopt implementing acts to exempt those aircraft operators from surrender requirements as laid down in Article 12(8) in respect of emissions from flights to and from such countries and/or put in place other carbon mitigation options. The distortion of competition may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators, or any other risk in relation to the market distortion. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).
Amendment 319 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 8
Article 25 a – paragraph 8
8. Where an aircraft operator that holds an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, operates flights between two different countries listed in the implementing act adopted pursuant to paragraph 3, including flights that take place between Switzerland, the United Kingdom and countries listed in the implementing act adopted pursuant to paragraph 3, and those countries allow aircraft operators to use other units than those on the list adopted pursuant to Article 11a(8), the Commission shall be empowered to adopt implementing acts allowing those aircraft operators to use unit types additional to that list or not to be bound by the conditions of Article 11a(2) and (3) in respect of emissions from such flights. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;
Amendment 331 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2003/87/EC
Article 30 a (new)
Article 30 a (new)
Amendment 332 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Directive 2003/87/EC
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
(9b) In Article 31, the following paragraph is inserted: 2a. The Commission shall undertake to present, by [1 year after the entry into force of this Directive],and in line with its communication on the application of the “one in, one out”principle1a, proposals offsetting the regulatory burdens in relation to Directive 2003/87/EC, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the affected sectors. __________________ 1a EC press release on the working methods of the von der Leyen Commission, 4 December 2019
Amendment 333 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Annex I – table –Aviation – paragraph 1 a – point a
Annex I – table –Aviation – paragraph 1 a – point a
(a) the aircraft operator holds an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State;
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Annex I – table – Aviation – paragraph 1 a – point b
Annex I – table – Aviation – paragraph 1 a – point b
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) state flights; (ii) humanitarian flights; (iii) medical flights; (iv) military flights; (v) firefighting flights..
Amendment 344 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2023of the subsequent year to the year of entry into force of this Directive. They shall immediately communicate the text of those measures to the Commission.