35 Amendments of Miriam DALLI related to 2016/0231(COD)
Amendment 32 #
Proposal for a regulation
Recital 3
Recital 3
(3) On 10 June 2016 the Commission presented the proposal for the EU to ratify the Paris agreementThe Council ratified the Paris Agreement on 5 October 2016, following the approval of the European Parliament on 4 October 2016. The Paris agreement entered into force on 4 November 2016 and aims at keeping the increase of global temperature below 2 °C above pre- industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. This legislative proposal forms part of the implementation of the EU's commitment in the Paris agreement. The Union's commitment to economy-wide emission reductions was confirmed in the intended nationally determined contribution of the Union and its Member States that was submitted to the Secretariat of the UNFCCC on 6 March 2015.
Amendment 56 #
Proposal for a regulation
Recital 9
Recital 9
(9) The approach of annually binding national limits taken in Decision No 406/2009/EC of the European Parliament and of the Council19 should be continued from 2021 to 2030, with the start of the trajectory calculation in 202017 on the average of the greenhouse gas emissions during 2016 to 2018 and the end of the trajectory being the 2030 limit for each Member State. An adjustment to the allocation in 2021 is provided for Member States with both a positive limit under Decision 406/2009/EC and increasing annual emission allocations between 2017 and 2020 determined pursuant to Decisions 2013/162/EU and 2013/634/EU, to reflect the capacity for increased emissions in those years. The European Council concluded that the availability and use of existing flexibility instruments within the non-ETS sectors should be significantly enhanced in order to ensure cost- effectiveness of the collective Union effort and convergence of emissions per capita by 2030. _________________ 19 Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
Amendment 65 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) This Regulation should provide a strong incentive for greenhouse gas emissions reductions consistent with other Union climate, energy and vehicle emissions legislation, taking into account that transport, buildings and agriculture are responsible for over 35%, 25% and 17% of the emissions in the ESR respectively. When transforming this Regulation into national policies, Member States should set strict targets and compliance rules, and should properly invest in emissions reductions across all sectors. Moving towards zero-emissions vehicles and speeding up the deployment of low-emission alternative energy are key for the transport sector in order to reduce road vehicle emissions, keep Europe competitive and respond to the increasing mobility needs of citizens. Energy efficiency of buildings is key not only for reducing energy bills and decarbonising the economy, but also for creating skilled jobs and tackling energy poverty. Measuring emissions in agriculture is complex because of the range of agricultural practices, inputs, technology and the variables of soil, climate and land cover. Nonetheless, there are clear opportunities for emission reductions in agriculture and many are associated with long-term cost savings. In this regard, the Commission should adopt a delegated act, one year after the entry into force of this Regulation, specifying minimum targets for emission reductions within each sector covered by this Regulation for each Member State. For the purpose of that delegated act, the Commission should carry out a comprehensive assessment of the actions already made in order to ensure Member States effectively reduce actual greenhouse gas emissions in the context of the sectoral legislation. That report shall, if appropriate, be accompanied by a legislative proposal to increase the sectoral emissions reduction contributions of Member States.
Amendment 75 #
Proposal for a regulation
Recital 12
Recital 12
(12) Regulation [ ] [on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry into the 2030 climate and energy framework] lays down accounting rules on greenhouse gas emissions and removals relating to land use, land-use change and forestry (LULUCF). While the environmental outcome under this Regulation in terms of the levels of greenhouse gas emission reductions that are made is affected by taking into account a quantity up to the sum of total net removals and total net emissions from deforested land, afforested land, managed cropland and managed grass, managed grassland and managed wetland (including peatland) as defined in Regulation [ ], flexibility for a maximum quantity of 28190 million tonnes of CO2 equivalent of these removals divided among Member States according to the figures in Annex III should be included as an additional possibility for Member States to meet their commitments when needed. Where the delegated act to update the forest reference levels based on the national forestry accounting plans pursuant to Article 8 (6) of Regulation [LULUCF] is adopted, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Article 7 to reflect a contribution of the accounting category managed forest land in the flexibility provided by that Article. Before adopting such a delegated act, the Commission should evaluate the robustness of accounting for managed forest land based on available data, and in particular the consistency of projected and actual harvesting rates. In addition, the possibility to voluntarily delete annual emission allocation units should be allowed under this Regulation in order to allow for such amounts to be taken into account when assessing Member States' compliance with requirements under Regulation [ ].
Amendment 82 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The additional possibility provided for Member States to meet their commitments under this Regulation by using net removals from deforested land, afforested land, managed cropland and managed grassland is to be only used when taking fully into account the potential of different LULUCF categories not only from the CO2 perspective, but as well the environmental, soil and biodiversity perspective. For that purpose, it is recognised that not all afforestation is beneficial, in particular from the biodiversity perspective, and that also climate benefits of afforestation depend on vegetation and soil properties being present before afforestation. Afforestation actions taking place in 2017 to 2030 affecting wetlands (including peatlands), the Natura 2000 network and habitats listed in Annex I to Council Directive 92/43/EEC1a , in particular natural and semi-natural grassland formations and raised bogs and mires and fens, and other wetland (including peatlands) or afforestation actions using potentially invasive or recognized invasive species, should therefore eliminate the possibility of that Member State to use credits from that afforestation for any given year in 2021 to 2030. _________________ 1aCouncil Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
Amendment 86 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) Given that the flexibility for Member States to meet their commitments under this Regulation by using net removals from deforested land, afforested land, managed cropland and managed grassland is provided in particular due to limited non-CO2 emission reduction potential of the agricultural sector, this sector needs to first do its utmost to use its own potential in CO2 emission reduction. For that purpose, it should be possible to use credits for afforestation and, if applicable, forest management only if that Member State provides the right incentives in its agricultural sector to increase the content of soil carbon via measures carried out in its agricultural policy.
Amendment 88 #
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) Credits from afforestation and, if applicable, forest management should be used only if the presence of landscape features, such as trees, in agricultural land, which represents carbon sink in a similar way as trees in forests, is supported and incentivized. This should be done in particular, but not only, via maintenance and restoration of non- forest habitats, such as agro-forestry, for example 6310 – Dehesas with evergreen Quercus spp, *6230 -species rich grasslands on siliceous substrates, *6530- Fennoscandian wooded meadow.
Amendment 89 #
Proposal for a regulation
Recital 12 d (new)
Recital 12 d (new)
(12 d) In order to boost restoration action on wetlands, including peatlands, the category of managed wetlands should also generate credits that can be used for purpose of Article 7 of this Regulation.
Amendment 96 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall adopt an implementing act delegated act in accordance with Article 12 to supplement this Regulation by setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of CO2 equivalent as specified in paragraphs 1 and 2. For the purposes of this implementingdelegated act, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant to Article 7 of Regulation No (EU) 525/2013.
Amendment 98 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure uniform conditions for the implementation of Article 4 according to which annual emission limits for Member States will be established, implementing powersThe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be conferrdelegated ton the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council21 . _________________ 21 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 Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13) in respect of supplementing this Directive by determining which annual emission limits will be established for Member States.
Amendment 102 #
Proposal for a regulation
Recital 20
Recital 20
(20) This Regulation should be reviewed as of 20243 and every 53 years thereafter in order to assess its overall functioning. The review should take into account evolving national circumstances and be informed by the results of the global stocktake of the Paris Agreement. Where necessary, the review of this Regulation should be accompanied by legislative proposals in order to further improve the Union's climate action, taking into account the current status of implementation of relevant sectoral policies, and in line with the facilitative dialogue under the UNFCCC.
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. This implementingdelegated act shall also specify, based on the percentages notified by Member States under Article 6(2), the quantities that may be taken into account for their compliance under Article 9 between 2021 and 2030. If the sum of all Member States' quantities were to exceed the collective total of 1050 million, the quantities for each Member State shall be reduced on a pro rata basis so that the collective total is not exceeded.
Amendment 104 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
The general objective of this Regulation is to help set the Union on a cost-effective path to reach the goals of the Paris Agreement, to strengthen the Union's response to the threat of climate change, to further the transition to a sustainable economy and to set a clear trajectory towards net-zero emissions in the second half of this century.
Amendment 122 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Subject to the flexibilities provided for in Articles 5, 6 and 7, to the adjustment pursuant to Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the level defined by a linear trajectory, starting in 202017 on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3 and using the 2020 targets established in Decision No 406/2009/EC as a maximum limit, whichever is the lower value, and ending in 2030 on the limit set for that Member State in Annex I to this Regulation.
Amendment 132 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Commission shall adopt an implementing act delegated act in accordance with Article 12 to supplement this Regulation by setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of CO2 equivalent as specified in paragraphs 1 and 2. For the purposes of this implementingdelegated act, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant to Article 7 of Regulation No (EU) 525/2013.
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. This implementingdelegated act shall also specify, based on the percentages notified by Member States under Article 6(2), the quantities that may be taken into account for their compliance under Article 9 between 2021 and 2030. If the sum of all Member States' quantities were to exceed the collective total of 100 million, the quantities for each Member State shall be reduced on a pro rata basis so that the collective total is not exceeded.
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 141 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. The Commission shall adopt a delegated act, one year after the entry into force of this Regulation, specifying minimum targets for emission reductions within each sector covered by the Regulation for each Member State. For the purpose of that delegated act, the Commission shall carry out a comprehensive assessment of the actions already made in order to ensure Member States effectively reduce actual greenhouse gas emissions in the context of the sectoral legislation. That report shall, if appropriate, be accompanied by a legislative proposal to increase the sectoral emissions reduction contributions of Member States.
Amendment 143 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Long-term emission reduction trajectory from 2031 Each Member State shall, for each year from 2031 to 2050, continue to reduce the greenhouse gas emissions covered by this Regulation. Each Member State shall ensure that its greenhouse gas emissions in each year between 2031 and 2050 do not exceed the level defined by a linear trajectory, starting in 2027 on the average of its greenhouse gas emissions during 2026, 2027 and 2028 and leading to a reduction of emissions in 2050 that is in line with their respective mid-century, long-term low greenhouse gas emission development strategies as requested by the Paris Agreement and that in sum leads to the higher end of the overall Union goal of reducing between 80 to 95 % of emissions compared to 1990 levels as well as taking into account the international objective of achieving a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century. The Commission shall adopt a delegated act in accordance with Article 12 to supplement this Regulation by specifying the annual emission allocations for the years from 2031 to 2050 in terms of tonnes of CO2 equivalent as well as specifying minimum targets for emission reductions within each sector covered by this Regulation for each Member State. This Article shall be subject to review in accordance with Article 14.
Amendment 151 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall ensure the accurate accounting under this Regulation through the Union Registry established pursuant to Article 10 of Regulation (EU) No 525/2013, including. The Commission shall, for that purpose, adopt a delegated act in accordance with Article 12 to supplement this Regulation, concerning in particular annual emission allocations, flexibilities exercised under Article 4 to 7, compliance under Article 9 and changes in coverage under Article 10 of this Regulation. The Central Administrator shall conduct an automated check on each transaction under this Regulation and, where necessary, block transactions to ensure there are no irregularities. This information shall be accessible to the public.
Amendment 154 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The power to adopt delegated acts referred to in Article 4(3), 7(2) and 11 of this Regulation shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.
Amendment 159 #
Proposal for a regulation
Article 13
Article 13
Amendment 160 #
Proposal for a regulation
Article 14 – paragraph -1 (new)
Article 14 – paragraph -1 (new)
Within six months of the facilitative dialogue under the UNFCCC in 2018, the Commission shall submit a report to the European Parliament and the Council assessing the consistency of the Union´s climate change legislation with the Paris Agreement goals. The report shall assess in particular the adequacy of the obligations laid down in this Regulation.
Amendment 161 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 February 2024 and every five years thereafter on the operation of this Regulation, its contribution to the EU'’s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and may make legislative proposals if appropriate.
Amendment 218 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. For the purpose of using credits from afforestation for any given year within the period from 2017 to 2030, the Member State shall demonstrate that the afforestation did not take place in areas covered by Directive 92/43/EEC or Directive 2009/147/EC of the European Parliament and of the Council 1b or in habitats under Annex I of the Directive 92/43/EEC, in particular natural or semi- natural grassland formations, raised bogs, mires, fens, or other wetlands (including peatlands). _________________ 1bDirective 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
Amendment 219 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1 b. For the purpose of using credits from afforestation, that Member State shall provide documentation relating to species used for this afforestation in the period from 2017 to 2030 among which no invasive or potentially invasive species were planted.
Amendment 220 #
Proposal for a regulation
Article 7 – paragraph 1 c (new)
Article 7 – paragraph 1 c (new)
1 c. For the purpose of using credits from afforestation and, if applicable, forest management, that Member State shall present information on the legal framework being in place to increase the content of soil carbon in the form of setting a baseline as of 2021 on soil cover, protection of soil from erosion and from desertification which will be evaluated and approved by the Commission.
Amendment 221 #
Proposal for a regulation
Article 7 – paragraph 1 d (new)
Article 7 – paragraph 1 d (new)
1 d. For the purpose of using credits from afforestation and, if applicable, forest management, that Member State shall provide proof that the existence of landscape features, in particular trees, in cropland and grassland is not disincentivized and instead that legal and financial tools by means of agricultural policy are used for promotion of landscape features in agro-ecosystems, including maintenance and restoration of habitats related to agro-forestry.
Amendment 233 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. In 2027 and 2032, if the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation for any specific year of the period, pursuant to paragraph 2 of this Article and the flexibilities used pursuant to Articles 5 to 7, the following measures shall apply:
Amendment 246 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall ensure the accurate accounting under this Regulation through the Union Registry established pursuant to Article 10 of Regulation (EU) No 525/2013, including. The Commission shall, for that purpose, adopt a delegated act in accordance with Article 12 to supplement this Regulation, concerning in particular annual emission allocations, flexibilities exercised under Article 4 to 7, compliance under Article 9 and changes in coverage under Article 10 of this Regulation. The Central Administrator shall conduct an automated check on each transaction under this Regulation and, where necessary, block transactions to ensure there are no irregularities. This information shall be accessible to the public.
Amendment 257 #
Proposal for a regulation
Article 13
Article 13
Amendment 258 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Within six months of the facilitative dialogue under the UNFCCC in 2018, the Commission shall publish a communication assessing the consistency of the Union's climate change legislation with the Paris Agreement goals. In particular, the communication shall examine the role and adequacy of the obligations laid down in this Regulation in meeting the Paris Agreement goals. Once an EU mid-century, long-term low greenhouse gas emission development strategy is adopted as requested by the Paris Agreement, the Commission shall reassess the adequacy of the obligations laid down in this Regulation in meeting the Union's long-term targets between 2031 and 2050 as well as the Paris Agreement goals and shall make legislative proposals to adjust the contributions of Member States accordingly. The Commission shall report to the European Parliament and to the Council by 28 February 2024 and every five years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target, the Union's long-term targets between 2031 and 2050 and its contribution to the goals of the Paris Agreement, and mayshall make proposals if appropriatelegislative proposals to adjust the contributions of Member States accordingly.
Amendment 263 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
The Commission shall report to the European Parliament and to the Council by 28 February 20243 and every fivthree years thereafter on the operation of this Regulation, its contribution to the EU's overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the Paris Agreement, and mayshall make proposals if appropriatelegislative proposals.
Amendment 276 #
Proposal for a regulation
Annex III
Annex III