Activities of Bernd LUCKE related to 2015/0148(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments
Amendments (14)
Amendment 33 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provision should be made for the values of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvement. For reasons of predictability, this should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into account robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a difference from factor reduction of more than 0.5% of the 2007-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentage. Where, nonetheless, the rate of improvement is below 0.3%, the related benchmark value should be adjusted by that percentage. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 36 #
Proposal for a directive
Recital 14
Recital 14
(14) The existing provisions which are in place for small installations to be excluded from the EU ETS allow the installations which are excluded to remain so, and ishould be extended to cover installations emitting less than 50,000 tonnes of CO2 equivalent in each of the three years preceding the year of application for exclusion. It should be made possible for Member States to update their list of excluded installations and for Member States currently not making use of this option to do so at the beginning of each trading period and halfway through the period. Installations emitting less than 5,000 tonnes of CO2 equivalent in each of the three years preceding the beginning of each trading period should be excluded from the EU ETS subject to revision every 5 years.
Amendment 40 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 1 c
Article 10 – paragraph 1 – subparagraph 1 c
The total remaining quantity of allowances to be auctioned by Member States, except for half of the quantity of allowances referred to in Article 10a(8) which shall also be taken from the auction share, shall be distributed in accordance with paragraph 2.
Amendment 44 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – c a (new)
Article 1 – paragraph 1 – point 4 – c a (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
(ca) Paragraph 5 is replaced by the following: "The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market including the implementation of the auctions, liquidity and the volumes traded. If necessary,The report shall also address the interaction of the EU ETS with other climate and energy policies at the European level, including how these policies impact on the supply-demand balance of the EU ETS. Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02003L0087-" Or. en 20140430&from=EN)
Amendment 45 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87EC
Article 10 a – paragraph 1 – subparagraph 2
Article 10 a – paragraph 1 – subparagraph 2
"The Commission shall be empowered to adopt a delegated acts in accordance with Article 23. This act shall also supplementing this Directive by provideing for additional allocation from the new entrants reserve for significant production increases by applying the samthresholds referred to in paragraph 7 of this Article. The thresholds and allocation adjustments as apply in respect of both significant production increases and partial cessations of operation shall be the same. "
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 2 a – point i a (new)
Article 10 a – paragraph 2 – subparagraph 2 a – point i a (new)
(ia) On the basis of information submitted pursuant to Article 11, the Commission shall identify that the rate of improvement does not exceed 0.3%. If so, the benchmark value shall be adjusted by 0.3% in respect of each year between 2008 and the middle of the period for which free allocation is to be made.
Amendment 47 #
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 10 a – paragraph 6 – subparagraph 1
Article 10 a – paragraph 6 – subparagraph 1
"Member States shouldmay adopt financial measures in favour of sectors or sub- sectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, taking into account any effects on the internal market. Such financial measures to compensate part of these costs shall be in accordance with state aid rules."
Amendment 48 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e
Article 1 – paragraph 1 – point 5 – point e
Directive 2003/87/EC
Article 10 a – paragraph 7 – point i a (new)
Article 10 a – paragraph 7 – point i a (new)
(ia) An installation is deemed to have significantly increased operations, provided that one sub-installation, which contributes to at least 30 % of the installation's final annual amount of emission allowances allocated free of charge or to the allocation of more than 50 000 allowances, increases its activity level in a given calendar year by at least 10% compared to the activity level used for calculating the sub- installation's allocation.
Amendment 49 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 b – paragraph 2 – introductory paragraph
Article 10 b – paragraph 2 – introductory paragraph
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.185 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 52 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 b – paragraph 4
Article 10 b – paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the precedingin accordance with Article 23 in relation to paragraphs 1 for activities at a 4- digit level (NACE-4 code) bas concerns paragraph 1ed on data for the five most recent calendar years available unless, ion accordance with Article 23, based on dthe basis of evidence, it is more appropriate for activities to be assessed at a for the three most recent calendar years availableurther aggregated or disaggregated level in which case that level of assessment shall be used.
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 1 a
Article 11 – paragraph 1 – subparagraph 1 a
(8) In Article 11(1), the following second and third subparagraph iss are added: "A list of installations covered by this Directive for the five years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent five years shall be submitted every five years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the five calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided. In the case of installations or sub- installations using benchmarks other than the product benchmarks, the improvements of energy efficiency shall not result in a decrease of free allocation pursuant to Article 10a. The Commission shall adopt an implementing act for this purpose in accordance with the examination procedure referred to in Article 22a."
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22a) In Article 27 paragraph 1 is replaced by the following: "Following consultation with the operator, Member States may exclude from the Community scheme installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community scheme; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures. lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2003L0087:20090625:en:PDF)" Or. en (http://eur-
Amendment 65 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
Directive 2003/87/EC
Article 27 a (new)
Article 27 a (new)
Amendment 66 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 c (new)
Article 1 – paragraph 1 – point 22 c (new)
Directive 2003/87/EC
Article 29
Article 29
(22c) Article 29 is replaced by the following: "If, on the basis of the regular reports on the carbon market referred to in Article 10(5), the Commission has evidence that the carbon market is not functioning properly, it shall submit a report to the European Parliament and to the Council. The report may be accompanied, if appropriate, by proposals aiming at increasing transparency of the carbon market and addressing measures to improve its functioning. (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02003L0087-, including measures to limit the impact of overlapping Union-wide energy and climate policies on the supply-demand balance of the EU ETS." Or. en 20140430&from=EN)