Activities of Hans-Olaf HENKEL related to 2015/0148(COD)
Plenary speeches (1)
Cost-effective emission reductions and low-carbon investments (debate) DE
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 (48)
Amendment 59 #
Proposal for a directive
Recital 4
Recital 4
(4) It is a key Union priority to establish a resilient Energy Union to provide secure, sustainable, competitive and affordable energy to its citizens and industries in view of the 20% re- industrialisation target of industry's share in the EU's GDP by 2020 and risks of job and investment leakage. Achieving this requires continuation of ambitious climate action with the EU ETS as the cornerstone of Europe’s climate policy, and progress on the other aspects of Energy Union17. Implementing the ambition decided in the 2030 framework contributes to delivering a meaningful carbon price and continuing to stimulate cost-efficient greenhouse gas emission reductions. __________________ 17 COM(2015)80, establishing a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy
Amendment 81 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the exception. Consequently, and as confirmAs agreed by the European Council, the share of allowances to be auctioned, which was 57% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States, including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 . __________________ 18Given the unpredictability of future growth rates, there is a need to encourage industrial growth and in order to mitigate the effects of a cross sectoral correction factor, flexibility should be introduced to the ETS with a view to enabling a transfer of a limited number of allowances from the auctioning share to the free allowances share in the event of such a factor being applicable. __________________ 18 SEC(2015)XX SEC(2015)XX 19 Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […]).
Amendment 105 #
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, thisshould be updated prior to the next trading period. Updates should be carried out on the basis of recent, robust, verified data from installations. Any further updates, should be done through applyingthe application of a factor that represents the best assessment of progress across sectors, which should then take into accoualso be based on recent, 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. Where data shows a significant difference from the 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. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark valuesver the relevant period, the related benchmark value for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 111 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Given the progress achieved by the International Maritime Organization on CO2 data collection and emission reduction at international level, EU-wide regional measures concerning the maritime transport services sector shall be avoided.
Amendment 117 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partially compensate, in accordance with state aid rules, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 126 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partially compensate, in accordance with state aid rules, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide fsupport the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 133 #
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for thecarbon capture and storage of CO2(CCS) or carbon capture and use (CCSU), new renewable energy technologies and breakthrough innovation in low-carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for CO2 emissions which are permanently stored, reused in industrial processes or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS/CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS/CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored, reused or avoided on a sufficient scale, provided an agreement on knowledge sharing is in place. The majority of this support should be dependent on verified avoidance of greenhouse gas emissions, while some support may be given or when pre- determined milestones are reached taking into account the technology deployed. The maximum percentage of project costs to be supported may vary by category of project.
Amendment 145 #
Proposal for a directive
Recital 12
Recital 12
(12) The European Council confirmed that the modalities, including transparency, of the optional free allocation to modernise the energy sector in certain Member States should be improved. Investments with a value of €120 million or more should be selected by the Member State concerned through a competitive bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the Energy Union objectives. Investments with a value of less than €120 million should also be eligible for funding from the free allocation. The Member State concerned should select such investments based on clear and transparent criteria. The results of this selection process should be subject to public consultation and the results of the selection process should be made publicly available. The public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation.
Amendment 158 #
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 small emitters 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. At the beginning of each trading period, it should also be possible for small emitters to be excluded from the EU ETS subject to revision every five years.
Amendment 160 #
Proposal for a directive
Recital 14
Recital 14
(14) The existing provisions which are in place for small installations below 50.000 tonnes of CO2 emissions per year to be excluded from the EU ETS allow the installations which are excluded to remain so, and 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.
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2003/87/EC
Article 1
Article 1
(-1) In article 1, paragraph 1 is replaced by the following article: This Directive establishes a scheme for greenhouse gas emission allowance trading within the Community (hereinafter referred to as the 'Community scheme') in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner as well as the sustainable strengthening of the EU industrial basis against the risk of carbon and investment leakage.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2003/87/EC
Article 9, paragraphs 2 and 3
Article 9, paragraphs 2 and 3
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2003/87/EC
Paragraph 3 – (l)
Paragraph 3 – (l)
Amendment 315 #
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 1 – paragraph 1 – 5b
Article 1 – paragraph 1 – 5b
(i) On the basis of information submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annual reduction referred to above by more than 0.5% of theBefore start of the trading period benchmarks in individual sectors and subsectors shall be updated based on the average of the verified emissions of the 10% most efficient installations in a sector or subsector in the Union for the years 20017-8 value higher or lower annually. If so, that b2018. Benchmark values shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 and the middle of the period for which free allocation is to be made;set on the basis of information submitted pursuant to Article 11.
Amendment 329 #
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 3 – (ii)
Article 10 a – paragraph 2 – subparagraph 3 – (ii)
(ii) By way of derogation regarding theDuring the trading period, the benchmark values set under Point (i) shall be reduced by 1% in respect of each year between the most recent reference period and the middle of the relevant period of free allocation, unless the values for each benchmark vcalues for aromatics, hydrogen and syngas, theseculated using the principle laid down in this article differ from the annual reduction referred to above by more than 0,5% of the updated value, be it above or below that figure, annually. Where there is such a difference, that benchmark values shall be adjusted by the same percentage as the refineries benchmarks in order to preserve a level playing field for producers of these productseither 0,5% or 1,5% in respect of each year between the update and the middle of the period for which free allocation is to be made. Sectors with a share of more than 50% of verified emissions considered unavoidable process emissions, shall not be faced with a benchmark reduction. For every subsequent period, the most recent benchmark value shall be used as a reference for the calculation of the new reduction value.
Amendment 334 #
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 10a – paragraph 2 – (iia) new
Article 10a – paragraph 2 – (iia) new
(iia) For installations not included in product benchmarks, most recent technological progress should be assessed based on energy efficiency improvements in relation to the relevant heat or fuel benchmark.
Amendment 375 #
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 10a – paragraph 6
Article 10a – paragraph 6
Member states may provide financial compensation in favour of sectors or sub- sectors exposed to a genuine risk of carbon leakage due to significant indirect costs relating to greenhouse gas emission costs passed on in electricity prices must be possible. These measures may compensate indirect emissions costs of eligible sectors at the level of ex-ante benchmarks of the electricity consumption per unit of production corresponding to the most efficient available technologies and production data.
Amendment 382 #
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 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 57%, and that share shall decrease by up to two percentage points up to 2030 pursuant to Article 10a(5). Such an adjustment shall take place solely in the form of a reduction of allowances auctioned pursuant to point (a) of the first subparagraph of Article 10(2).
Amendment 383 #
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 1 – point 4 – point a
Article 1 – point 4 – point a
The total remaining quantity of allowances to be auctioned by Member States, after deducting half of the quantity of allowances referred to in the first subparagraph of Article 10a(8) shall be distributed in accordance with paragraph 2.
Amendment 385 #
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 1 – point 5 – point c
Article 1 – point 5 – point c
Where the sum of free allocations in a given year does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit the reduction of free allocations in subsequent years. Where, however, the maximum level is reached, an amount of allowances equivalent to a reduction of up to two percentage points of the share of allowances to be auctioned by Member States, pursuant to Article 10(1), shall be distributed free of charge to sectors and sub-sectors pursuant to Article 10b. Where, nonetheless, this reduction is insufficient to meet the demand of sectors or sub-sectors pursuant to Article 10b, free allocations shall be adjusted accordingly by a uniform cross sectoral correction factor.
Amendment 386 #
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 10a – paragraph 7 – subparagraph 1a (new)
Article 10a – paragraph 7 – subparagraph 1a (new)
An installation shall be deemed to have a significant production increase where one of its sub-installations, which accounts for at least 30 % of the installation's final annual amount of emission allowances allocated free of charge or which receives more than 50 000 allowances annually, 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 of emission allowances.
Amendment 407 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
400 million allowances shall be available to support innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2CCS and CCU as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union.
Amendment 436 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 60% of the relevant costs of projects may be supported, out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed. The Commission shall publish before 2018 the state aid guidelines for Member States.
Amendment 440 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
Unallocated allowances shall be placed in the innovation fund to support low-carbon technologies and processes without transferring any additional funds to the fund.
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS and CCU and innovative renewable energy technologies that are not yet commercially viable. Projects shall be selected on the basis of their impact on energy systems or industrial processes within a Member State, a group of Member States or the Union. In order to promote innovative projects, up to 75% of the relevant costs of projects may be supported, out of which up to 60% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed. The allowances shall be allocated to support the relevant costs of individual projects according to the needs of those projects in relation to reaching pre-determined milestones.
Amendment 467 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall be deemed to be at risk of carbon leakage. Such sectors and sub-sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a. Allocations must reflect real industry activity levels. To ensure a level playing field, hydrogen and syngas shall continue to be considered at the same risk of carbon leakage as the refinery sector. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (See Recital 8)
Amendment 479 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
1a. 2% of unallocated allowances coming from cessations should be transferred back to the industry.
Amendment 506 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
(cb) level of potential competition between distortion among sectors and sub-sectors
Amendment 511 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. OSectors using fallback benchmarks and other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices, and shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 533 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b
Article 10b
4a. the following paragraph is added to article 10b: 5. Every year the Commission may, at its own initiative or at the request of a Member State, add a sector or subsector to the list referred to in the first subparagraph if it can be demonstrated, in an analytical report, that this sector or subsector satisfies the criteria in paragraphs 1 or 2, following a change that has a substantial impact on the sector's or subsector's activities.
Amendment 538 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 1
Article 10 c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity production for the modernisation of the energy sector. electricity generators for the modernisation of the energy sector. Member States concerned shall select investments to be financed with free allocation: (a) through a competitive bidding process referred to in paragraph 2, or (b) based on the National Investment Plans as well as criteria and rules referred to in paragraph 2(3), or (c) a combination of both methods mentioned above. The Commission shall be informed about the chosen method by 1 January 2018.
Amendment 549 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 1
Article 10 c – paragraph 1
1. By way of derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in €EUR at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity producgeneration for the modernisation of the energy sector.
Amendment 556 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 – subparagraph 1
Article 10 c – paragraph 2 – subparagraph 1
2. The Member State concerned shall organise a competitive bidding process for projects with a total amount of investment exceeding €120 million to select the investments to be financed with free allocation. This competitive bidding process shall:
Amendment 559 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 (a)
Article 10 c – paragraph 2 (a)
(a) comply with the principles of transparency, non-discrimination, technological neutrality, equal treatment and sound financial management;
Amendment 584 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c
Article 10 c
By 30 June 2019, any Member State intending to make use of optional free allocation through competitive bidding shall publish a detailed national framework setting out the competitive bidding process and selection criteria for public comment.
Amendment 596 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 – subparagraph 3
Article 10 c – paragraph 2 – subparagraph 3
2a. Where investments with a value of less than EUR 20 million are supported with free allocation, the Member State concerned shall select projects based on objective and transparent criteria. The selection process shall be subject to public consultation and the results of the selection process shall be made publically available. On this basis, the Member State concerned shall establish and submit a list of investments to the Commission by 30 June 2019. The list may be subject to review by the Member State every five years thereafter.
Amendment 608 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 6
Article 10 c – paragraph 6
6. Member States shall require benefiting electricity generators and network operators to report by 28 February of each year on the implementation of their selected investments, including the types of investments supported and the way in which they achieved the goals set out in point (b) of the first subparagraph of paragraph 2. Member States shall report on this to the Commission, and the Commission shall make such reports public.
Amendment 636 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 2
Article 10 d – paragraph 2
2. The fund shall also finance small- scale investment projects in the modernisation of energy systems and energy efficiency. To this end, the investment board shall develop guidelines and investment selection criteria specific to such projects. beneficiary Member States shall develop national rules and investment selection criteria specific to such projects based on the guidance from the Commission. The national rules shall be communicated to the Commission and be subject to public consultation before their adoption and publication. For the purpose of this paragraph a small-scale investment project means a project funded through loans provided by a national promotional bank or through grants contributing to the implementation of a national programme serving specific objectives that are in line with those of the Modernisation Fund, of a total amount not exceeding EUR 20 million and provided that not more than 20% of the Member States' share set out in Annex IIb is used.
Amendment 676 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 – subparagraph 2
Article 10 d – paragraph 4 – subparagraph 2
The investment board shall elect a rchairman among its members for one- year term. Representatives from the Commission asEIB shall not be eligible to be chairman. The investment board shall strive to take decisions by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majority.
Amendment 682 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 – subparagraph 3
Article 10 d – paragraph 4 – subparagraph 3
Amendment 691 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4
Article 10 d – paragraph 4
If the EIB recommends not financing an investment and provides reasons for this recommendation, a. A decision shall only be adopted if a majority of two-thirds of all members vote in favour. The Member State in which the investment will take place and the EIB shall not be entitled to cast a vote in this case. For small projects funded through loans provided by a national promotional bank or through grants contributing to the implementation of a national programme serving specific objectives in line with the objectives of the Modernisation Fund, provided that not more than 10% of the Member States' share set out in Annex IIb is used under the programme, the two preceding sentences shall not applyis sub-paragraph shall not apply to small-scale investment projects.
Amendment 694 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 – subparagraph 4
Article 10 d – paragraph 4 – subparagraph 4
If the EIB recommends not financing an investment and provides reasons for this recommendation, a decision shall only be adopted if a majority of two-thirds of all members vote in favour. The Member State in which the investment will take place and the EIB shall not be entitled to cast a vote in this case. For small projects funded through loans provided by a national promotional bank or through grants contributing to the implementation of a national programme serving specific objectives in line with the objectives of the Modernisation Fund, provided that not more than 10% of the Member States' share set out in Annex IIb is used under the programme, the two preceding sentences shall not applywhy it is not in line with the investment policy or the selection criteria adopted by the investment board, a decision shall only be adopted if a majority of two-thirds of all members vote in favour. This subparagraph shall not apply to small- scale investment projects as referred to in paragraph 2.
Amendment 696 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 – subparagraph 1
Article 10 d – paragraph 4 – subparagraph 1
The fund shall be governed by an investment board and a management committee. The Investment board shall be composed of representatives from all the beneficiary Member States, the Commission and the EIB for a period of 5 years. The investment board shall be responsible to determine an Union-level investment policy, appropriate financing instruments and investment selection criteria. Public consultation shall be undertaken regarding the investment selection criteria and the results of the public consultation shall be taken into account by the investment board before the adoption of the selection criteria. The management committee shall be composed of representatives appointed by the investment board and shall be responsible for the day-to-day management of the fund. Decisions of the management committee shall be taken by simple majority.
Amendment 698 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 – subparagraph 2
Article 10 d – paragraph 4 – subparagraph 2
The investment board shall elect a chairman among its members for a one- year term. Representatives from the EIB shall not be eligible to be chairman. The investment board shall strive to take decisions by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majority.
Amendment 705 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 6
Article 10 d – paragraph 6
6. Each year, the management committee shall report to the Commission on experience with the evaluation and selection of investments. The Commission shall review the basis on which projects are selected by 31 December 2024 and, where appropriate, make proposals to the investment board and the management committee.
Amendment 712 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 7
Article 10 d – paragraph 7
7. The Commission shall be empowered tomay adopt a delegated acts in accordance with Article 230b to imsupplement this Articledirective and concerning the detailed arrangements for the effective functioning of the Modernisation Fund. This subparagraph shall not apply to paragraph 2.
Amendment 729 #
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 2 b (new)
Article 11 – paragraph 1 – subparagraph 2 b (new)
The Commission shall adopt an implementing act to specify that improvements of energy efficiency shall not result in a decrease of free allocation pursuant to Article 10a, in the case of installations or sub-installations using benchmarks other than the product benchmarks. This implementing act shall be adopted in accordance with the examination procedure referred to in Article 30c(2).
Amendment 755 #
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 amended as follows: 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 50 000 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 50 000 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 50 000 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.