119 Amendments of Francisco de Paula GAMBUS MILLET related to 2015/0148(COD)
Amendment 50 #
Proposal for a directive
Recital 2
Recital 2
(2) The European Council of October 2014 made a commitment to reduce the overall greenhouse gas emissions of the Union by at least 40% below 1990 levels by 2030. All sectors of the economy should contribute to achieving these emission reductions and the target will be delivered in the most cost-effective manner through the Union emission trading system (EU ETS) delivering a reduction of 43% below 2005 levels by 2030. This was confirmed in the intended nationally determined reduction commitment of the Union and its Member States submitted to the Secretariat of the UN Framework Convention on Climate Change on 6 March 201516 . The burden of the emission reductions should be fairly shared between sectors falling under the ETS, and comparable efforts should be made concerning aviation emissions from intra Union flights. __________________ 16 http://www4.unfccc.int/submissions/indc/S ubmission%20Pages/submissions.aspx
Amendment 63 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In accordance with the UNFCCC Paris Agreement, all sectors of the economy must contribute to the reduction of CO2 emissions. Targets and measures agreed at an international level (such as in ICAO or IMO) shall be welcomed and shall achieve adequate reductions in emissions;
Amendment 65 #
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone full transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in global greenhouse gas emissions inand diversion of investments to third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies. Additional achievements in sectors not falling under the scope of the ETS and not subject to a risk of carbon leakage, such as is the case in the building sector, would lessen the efforts needed from Union industry.
Amendment 75 #
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 confirmed by the European Council, the share of allowances to be auctioned, which was 572% 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, . Allowances originally covered by the transitional Community- wide rules for harmonized free allocation (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 nd unallocated allowances due to closures and partial cessations) should not be considered to be auctioned allowances for the purposes of the calculation of the auction share. __________________ 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. […]). 18 SEC(2015)XX
Amendment 76 #
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 confirmed by the European Council, the share of allowances to be auctioned, which was 572% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 572% 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 . __________________ 18 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 84 #
Proposal for a directive
Recital 2
Recital 2
(2) The European Council of October 2014 made a commitment to reduce the overall greenhouse gas emissions of the Union by at least 40% below 1990 levels by 2030. All sectors of the economy should contribute to achieving these emission reductions and the target will be delivered in the most cost-effective manner through the Union emission trading system (EU ETS) delivering a reduction of 43% below 2005 levels by 2030. This was confirmed in the intended nationally determined reduction commitment of the Union and its Member States submitted to the Secretariat of the UN Framework Convention on Climate Change on 6 March 201516 . The burden of the emission reductions should be fairly shared between sectors covered by the EU ETS, and comparable efforts should be made concerning aviation emissions from intra-Union flights. __________________ 16 http://www4.unfccc.int/submissions/indc/S ubmission%20Pages/submissions.aspx
Amendment 86 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In accordance with the Agreement adopted in Paris at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change of 12 December 2015 (the 'Paris Agreement') and in line with the commitment of the co-legislators expressed in Directive 2009/29/EC of the European Parliament and of the Council1a and Decision No 406/2009/EC of the European Parliament and of the Council1b , all sectors of the economy are required to contribute to the reduction of CO2 emissions. To this end, efforts to limit international maritime emissions through the International Maritime Organisation (IMO) are under way and should be encouraged, with the aim of establishing a clear IMO action plan for climate policy measures to reduce CO2 emissions from shipping at a global level. The adoption of clear targets to reduce international maritime emissions through the IMO has become a matter of great urgency and a prerequisite for the Union not to act further on the inclusion of the maritime sector within the EU ETS. __________________ 1aDirective 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63). 1bDecision 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 96 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Council confirmed that a well-functioning, reformed EU ETS with an instrument to stabilise the market will be the main European instrument to achieve this target, with an annual reduction factor of 2.2% from 2021 onwards, free allocation not expiring but existing measures continuing after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies, without reducing the share of allowances to be auctioned. The auction share should be expressed as a percentage figureclarity on the amount of auctioned allowances in the legislation, to enhance planning certainty as regards investment decisions, to increase transparency and to render the overall system simpler and more easily understandable.
Amendment 102 #
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 percentagebased on real data, in line with technological progress in the respective industry sectors at the level of the benchmark. 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 104 #
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. 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 frameworkf the EU ETS is to remain the main Union instrument, its interaction with other Union and national policies that have an impact on the demand for EU ETS allowances needs to be taken into account. Implementing the ambition decided in the 2030 framework and adequately addressing the progress on other aspects of the Energy Union 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 109 #
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, provisbenchmarks for free allocations to installations, should be made updated before the valuesstart 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 improvementfourth trading period in order to base free allocations on actual technological progress. That update should be carried out on the basis of robust, objective and verified data from installations. For reasons of predictability, thifurther updates should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into accountalso be based on 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 substantial difference from that 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 values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 113 #
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone fullsuch a transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in global greenhouse gas emissions inand diversion of investments to third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies. Additional achievements in sectors not falling under the scope of the EU ETS and not subject to a risk of carbon leakage, in particular in the building sector and sustainable transport, will decrease the amount of effort needed from the Union’s industry.
Amendment 116 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partially compensate, in accordance with state aid rules, certain installations inFor 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 should at least partially be compensated on the basis of harmonized arrangements in pursuing the goal of a level playing field. It should be possible for Member States to top up the compensation at Union level in accordance with state aid rules. 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 121 #
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 confirmed by the European Council, the share of allowances to be auctioned, which was 572% 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,. Allowances originally covered by the transitional Union-wide rules for harmonised free allocation (which includinge allowances set aside for new entrants but not allocated, and 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 . __________________ 18 19Decision (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. […]).that are unallocated due to closures and partial cessations) should not be considered to be auctioned allowances for the purposes of the calculation of the auction share. __________________ 18 SEC(2015)XX SWD(2015)135
Amendment 126 #
Proposal for a directive
Recital 7
Recital 7
(7) To preserve the environmental benefit of emission reductions in the Union while actions by other countries do not provide comparable incentives to industry to reduce emissions, free allocation should continue to installations in sectors and sub- sectors at genuine risk of carbon leakage. Experience gathered during the operation of the EU ETS confirmed that sectors and sub-sectors are at risk of carbon leakage to varying degrees, and that free allocation has prevented carbon leakage. While some sectors and sub-sectors can be deemed at a higher risk of carbon leakage, others are able to pass on a considerable share of the costs of allowances to cover their emissions in product prices without losing market share and only bear the remaining part of the costs so that they are at a low risk of carbon leakage. The Commission should determine and differentiate the relevant sectors based on their trade intensity and their emissions intensity to better identify sectors at a genuine risk of carbon leakage. W, taking into account that sectors that increase their trade intensity because of rising exports, would not be expected to be subject to an increased risk of carbon leakage. However, where, based on these criteria, a threshold determined by taking into account the respective possibility for sectors and sub-sectors concerned to pass on costs in product prices is exceeded, the sector or sub-sector should be deemed at risk of carbon leakage. Others should be considered at a low risk or at no risk of carbon leakage. Taking into account the possibilities for sectors and sub-sectors outside of electricity generation to pass on costs in product prices without losing market share should also reduce windfall profits.
Amendment 131 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) The EU ETS and the Union-wide rules for harmonised free allocation should not give incentives to increase emissions. The emissions intensity of the relevant sectors should therefore always be determined on the basis of the lowest value since the establishment of the EU ETS.
Amendment 131 #
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) and 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 or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS and CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS and CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored 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 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 135 #
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, provisbenchmarks for free allocations to installations, should be made updated before the valuesstart 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 improvementfourth trading period in order to base free allocations on actual technological progress. That update should be carried out on the basis of robust, objective and verified data from installations. For reasons of predictability, thifurther updates should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into accountalso be based on 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 substantial difference from that 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 values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 138 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) 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, should at least partially be compensated on the basis of harmonised arrangements in pursuing the goal of a level playing field. It should be possible for Member States to top up the compensation at Union level in accordance with state aid rules.
Amendment 139 #
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 address the social aspects of decarbonising their economies and use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 141 #
Proposal for a directive
Recital 11
Recital 11
(11) A Modernisation Fund should be established from 2% of the total EU ETS allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Regulation 1031/2010. Member States who in 2013 or 2014 had a GDP per capita at market exchange rates of below 60% below the Union average should be eligible for funding from the Modernisation Fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector while avoiding distortions of the internal energy market. The rules for governing the Modernisation Fund should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants. The function of the governance structure should beSuch rules should be transparent, balanced and commensurate with the purpose of ensuring the appropriate use of the funds. Thate governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise of the EIB in the decision-making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the Modernisation Fund. Investments financed from the fund should be proposed by the Member States. To ensure that the investment needs in low income Member States are adequately addressed, the distribution of funds will take into account in equal shares verified emissions and GDP criteria. The financial assistance from the Modernisation Fund could be provided through different forms.
Amendment 152 #
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) and 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 or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS and CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS and CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored 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 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 157 #
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 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. Member States should ensure that alternative measures for installations that have opted out would not result in higher compliance cost. For small emitters under the ETS monitoring, reporting and verification requirements should be simplified for such installations.
Amendment 161 #
Proposal for a directive
Recital 11
Recital 11
(11) A Modernisation Fund should be established from 2% of the total EU ETS allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Regulation 1031/2010. Member States who in 2013 or 2014 had a GDP per capita at market exchange rates of below 60% below the Union average should be eligible for funding from the Modernisation Fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector while avoiding distortions of the internal energy market. The rules for governing the Modernisation Fund should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants. The function of the governance structure should beSuch rules should be transparent, balanced and commensurate with the purpose of ensuring the appropriate use of the funds. Thate governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise of the EIB in the decision-making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the Modernisation Fund. Investments financed from the fund should be proposed by the Member States. To ensure that the investment needs in low income Member States are adequately addressed, the distribution of funds will take into account in equal shares verified emissions and GDP criteria. The financial assistance from the Modernisation Fund could be provided through different forms.
Amendment 173 #
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 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. Member States should ensure that alternative measures for installations that have opted out do not result in higher compliance costs. For small emitters covered by the EU ETS, monitoring, reporting and verification requirements should be simplified for such installations.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) In Article 3, the following point is added: (w) 'small emitter' means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year.
Amendment 183 #
Proposal for a directive
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 2003/87/EC
Article 3 – point u b (new)
Article 3 – point u b (new)
(-1d) In Article 3, the following point is added: '(ub) “small emitter” means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year;'
Amendment 189 #
Proposal for a directive
Article 1 – point -1 g (new)
Article 1 – point -1 g (new)
Directive 2003/87/EC
Article 3 c – paragraph 2
Article 3 c – paragraph 2
Amendment 203 #
Proposal for a directive
Article 1 – point 2 a (new) Directive 2003/87/EC
Article 1 – point 2 a (new) Directive 2003/87/EC
(2a) The following Chapter is inserted: 'Chapter IIa Shipping Article 3ga Inclusion of shipping in the absence of progress at international level As from 2019, in the absence of a comparable system operating under the IMO, CO2 emissions emitted in Union ports and during voyages to and from Union ports of call, shall be accounted for through a self-regulated system that ensures contributions at the level of the market price for allowances in the preceding year or through the surrendering of allowances in the EU ETS.'
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%. (This amendment modifies only article 1 - paragraph 1 - point 4 of the Commission proposal) Or. en (See article 10 - paragraph 1 - subparagraph 2)
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%.
Amendment 223 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b – point ii
Article 1 – paragraph 1 – point 4 – point b – point ii
Directive 2003/87/EC
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) 10% of the total quantity of allowances to be auctioned being distributed amongst certain Member States whose GDP per capita did not exceed 90% of the Union average in 2013 for the purpose of solidarity and growth within the Community, thereby increasing the amount of allowances that those Member States auction under point (a) by the percentages specified in Annex IIa."; and
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b – point ii a (new)
Article 1 – paragraph 1 – point 4 – point b – point ii a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
Amendment 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2003/87/EC
Article 10, Paragraph 3, point (l)
Article 10, Paragraph 3, point (l)
(l) to establish just transition funding, to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy, on the basis of action plans developed in close coordination with the social partners.
Amendment 242 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
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 572%.
Amendment 251 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d
Article 1 – paragraph 1 – point 4 – point d
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 3
Article 10 – paragraph 4 – subparagraph 3
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. in order to adapt Commission's regulation 1031/2010 accordingly, on or before 30 June 2018. (This amendment modifies article 1 - paragraph 1 - point 4 - point d of the Commission proposal) Or. en (See wording of article 10 - paragraph 4 - subparagraph 3)
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/CE
Article 10a – paragraph 1 – point 5 – point a
Article 10a – paragraph 1 – point 5 – point a
The Commission shall be empowered to adopt a delegated act in order to revise the rules referred to in this paragraph in accordance with Article 23. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same threproduction changes. Any increase or decrease in production reported through verified production data from two years before in accordance with Article 11 shoulds on and allocation adjustments as apply in respect of partial cessations of operation. nnual basis result in a corresponding adjustment of the amount of free allowances granted to each installation by placing allowances into or releasing allowances from the reserve referred to in paragraph 7. (This amendment modifies article 1 - paragraph 1 - point 5 - point a of the Commission proposal) Or. en (see wording of article 10a - paragraph 1 - point 5 - point a)
Amendment 267 #
Proposal for a directive
Article 1 – point 4 – point b b (new)
Article 1 – point 4 – point b b (new)
(bb) In paragraph 3, the introductory part is replaced by the following: '3. Member States shall determine the use of revenues generated from the auctioning of allowances. At least 750 % of the total revenues generated from the auctioning of allowances referred to in paragraph 2 , including all revenues from the auctioning referred to in paragraph 2, points (b) and (c), or the equivalent in financial value of theose revenues, shouldall be used for one or more of the following:'
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Amendment 274 #
Proposal for a directive
Article 1 – point 4 – point b f (new)
Article 1 – point 4 – point b f (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point f
Article 10 – paragraph 3 – point f
(bf) In paragraph 3, point (f) is replaced by the following: '(f) to encourage a shift to low- emission and public forms of transport; and compensate electrified transport modes such as railways for their indirect EU ETS costs unless measures with an equivalent effect on other surface transport modes are taken.'
Amendment 282 #
Proposal for a directive
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point l
Article 10 – paragraph 3 – point l
'(l) to create a just transition fund in order to cushion the social impact of the decarbonisation of their economies and promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy in close coordination with the social partners.'
Amendment 291 #
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 2a
Article 10 a – paragraph 2 – subparagraph 2a
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress sin the period between 2007-8 and each later period for which free allocations are determined in accce 2007-8. For the period 2021-2030, the benchmark value shall be the average perfordmance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless: of the 10% most efficient installations in a sector or subsector in the Community for the years 2013-2017. (This amendment modifies article 1 - paragraph 5 - point b of the Commission proposal) Or. en (See wording article 10a - paragraph 2 - sub-paragraph 2a)
Amendment 292 #
Proposal for a directive
Article 1 – point 4 – point d a (new)
Article 1 – point 4 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 4 a (new)
Article 10 – paragraph 4 – subparagraph 4 a (new)
(da) In paragraph 4, the following subparagraph is added: 'In that report Member States shall also communicate to the Commission the closures of electricity generation capacity as a result of national measures.'
Amendment 296 #
Proposal for a directive
Article 1 – point 4 – point d c (new)
Article 1 – point 4 – point d c (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
(dc) paragraph 5 is replaced by the following: '5. 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. In its monitoring report, the Commission shall give particular attention to the risk of carbon and investment leakage. The report shall also address the interaction between the EU ETS, non-ETS and other climate and energy measures at Union and national level, and shall analyse the effects of various policy instruments on the level of demand for Union allowances and its consequences on the supply- demand balance in the carbon market. The Commission shall calculate the equivalent number of allowances for closures that are reported by Member States. If necessary, Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.'
Amendment 297 #
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 – third subparagraph – introductory sentence
Article 10 a – paragraph 2 – third subparagraph – introductory sentence
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:
Amendment 299 #
Proposal for a directive
Article 1 – point 4 – point d e (new)
Article 1 – point 4 – point d e (new)
Directive 2003/87/EC
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
(de) the following paragraph is added: '5a. After assessment by the Commission, Member States may surrender a corresponding volume of allowances and place them into the Market Stability Reserve or retire them.'
Amendment 308 #
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
Article 10 a – paragraph 2 – subparagraph 2 a
Amendment 313 #
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 – third subparagraph – point (i)
Article 10 a – paragraph 2 – third subparagraph – point (i)
(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 the 2007-8 value higher or lower annually. If so, that bBefore the 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 in the years 2017 and 2018. Benchmark values shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 set on the basis of information submitted pursuandt the middle of the period for which free allocation is to be made;o Article 11. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 322 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 –subparagraph 3 – introductory part
Article 10a – paragraph 2 –subparagraph 3 – introductory part
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007- to 2008 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:
Amendment 328 #
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 – third subparagraph – point (ii)
Article 10 a – paragraph 2 – third subparagraph – point (ii)
(ii) During the trading period, the benchmark values set under point (i) shall be reduced by 1% in respect of each year between the latest reference period and the middle of the relevant period of free allocation, unless the values for each benchmark calculated 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 value shall be adjusted either 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 as unavoidable process emissions, shall not be faced with a reduction of the benchmark value, at least for the part of those emissions. For every subsequent period, the latest benchmark value shall be used as a reference point for calculating the new reduction value. By way of derogation regarding the benchmark values for aromatics, hydrogen and syngas, these 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 products.
Amendment 335 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i
Article 10a – paragraph 2 – subparagraph 3 – point i
Amendment 335 #
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 – point (iia) (new)
Article 10a – paragraph 2 – point (iia) (new)
(iia) For installations not included in product benchmarks, technological progress shall be assessed based on energy efficiency improvements in relation to the relevant heat or fuel benchmark.
Amendment 347 #
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 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations 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 reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mantargeted in accordance with the carbon leakage risk and shall in any case guarantee that 100% free allocation up to the level of the benchmarks is maintainerd.
Amendment 349 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point ii
Article 10a – paragraph 2 – subparagraph 3 – point ii
Amendment 358 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
The adjustment of the benchmarks for heat, fuel and process emissions shall be based on energy efficiency improvements and shall take into account the availability of resources on a Union-wide scale.
Amendment 364 #
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
Amendment 369 #
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 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Member States shouldall 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. for environmental protection and energy. (This amendment modifies the article 1 - point 5 d of the Commission proposal) Or. en (See wording of article 10a - paragraph 6 - subparagraph 1)
Amendment 372 #
Proposal for a directive
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations 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 reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mantargeted in accordance with the risk of carbon leakage and shall in any case guarantee that 100% free allocation up to the level of the benchmarks is maintainerd.
Amendment 382 #
Proposal for a directive
Article 1 – point 5 – point d
Article 1 – point 5 – point d
Amendment 388 #
Proposal for a directive
Article 1 – point 5 – point d
Article 1 – point 5 – point d
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Member States shouldall 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 392 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i
Article 1 – paragraph 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – first subparagraph
Article 10a – paragraph 7 – first subparagraph
Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases, together with of more than 10% expressed as the rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11. In addition, 250 million allowances placed in the market stability reserve pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*) shall be set aside for this purpose.
Amendment 395 #
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1
Article 10a – paragraph 7 – subparagraph 1
Allowances from the maximum amount referred to in Article 10a(5) of this Directive which were not allocated for free up to 2020 shall be set aside for new entrants and for significant production increases, together with of more than 10% expressed as the rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11. In addition, 250 million allowances placed in the market stability reserve pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*). 1814 shall be set aside for this purpose.
Amendment 397 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i
Article 1 – paragraph 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7
Article 10a – paragraph 7
Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases, together with 250 millionall allowances placed in the market stability reserve pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*). (This amendment modifies article 1 - point 5 - point e of the Commission proposal) Or. en (See wording article 10a - paragraph 7)
Amendment 408 #
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 – first subparagraph
Article 10a – paragraph 8 – first subparagraph
400 million allowances shall be available to support, taken from the share of allowances to be auctioned, shall be available to support and leverage investments, using different instruments managed by the European Investment Bank, in 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, energy conversion and storage, as well as electric battery development in the territory of the Union.
Amendment 417 #
Proposal for a directive
Article 1 – point 5 – point f
Article 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, taken from the share of allowances to be auctioned, shall be available to support and leverage investments, using different instruments managed by the European Investment Bank, in 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, energy conversion and storage, as well as electric battery development in the territory of the Union.
Amendment 434 #
Proposal for a directive
Article 1 – point 5 – point f
Article 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, CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 6075% of the relevant costs of projects may be supported, out of which up to 450% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed.
Amendment 435 #
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 – second subparagraph
Article 10a – paragraph 8 – second subparagraph
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, CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 6075% of the relevant costs of projects may be supported, out of which up to 450% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed.
Amendment 438 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/…1814 shall supplement any existing resources remaining under this paragraph as a consequence of funds resulting from NER300 allowance auctions for the period between 2013 and 2020 not having been used, for projects referred to abovein subparagraphs 1 and 2, with projects in all Member States including small-scale projects, before 2021 and from 2018 onwards. Projects shall be selected on the basis of objective and transparent criteria, taking into account their relevance in relation to the decarbonisation of the sectors concerned. Projects supported under this subparagraph may also receive further support under subparagraphs 1 and 2.
Amendment 442 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
The timetable for monetisation of allowances shall be published no later than 18 months before the start of Phase IV and shall ensure the gradual monetisation of the allowances spread out throughout that Phase.
Amendment 444 #
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 – third subparagraph
Article 10a – paragraph 8 – third subparagraph
In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/… shall supplement any existing resources remaining under this paragraph as a consequence of funds resulting from NER300 allowance auctions between 2013 and 2020 not having been used, for projects referred to abovein subparagraphs 1 and 2, with projects in all Member States including small-scale projects, before 2021 and from 2018 onwards. Projects shall be selected on the basis of objective and transparent criteria, taking into account their relevance in relation to the decarbonisation of the related sectors. Projects supported under this subparagraph may also receive further support under sub-paragraphs 1 and 2.
Amendment 446 #
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 – fourth subparagraph (new)
Article 10a – paragraph 8 – fourth subparagraph (new)
In Article 10a, the following subparagraph is added to paragraph 8: 'The timetable for monetisation of allowances shall be published no later than 18 months before the start of Phase IV and shall ensure the gradual monetisation of the allowances spread out throughout the Phase.'
Amendment 447 #
Proposal for a directive
Article 1 – point 5 – point i b (new)
Article 1 – point 5 – point i b (new)
Directive 2003/87/EC
Article 10a – paragraph 20
Article 10a – paragraph 20
(ib) paragraph 20 is replaced by the following: 'The Commission shall, as part of the measures adopted under paragraph 1, include measures for defining installations that partially cease to operate or significantly reduce their capacity, and measures for adapting, as appropriate, the level of free allocations given to them accordingly. Those measures shall provide flexibility for industry sectors where capacity is regularly transferred between operating installations in the same company.'
Amendment 448 #
Proposal for a directive
Article 1 – point 5 – point i b (new)
Article 1 – point 5 – point i b (new)
Directive 2003/87/EC
Article 10a – paragraph 20
Article 10a – paragraph 20
(ib) paragraph 20 is replaced by the following: 'The Commission shall, as part of the measures adopted under paragraph 1, include measures for defining installations that partially cease to operate or significantly reduce or increase their capacity or their production by more than 10% (expressed as the rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11), and measures for adapting, as appropriate, the level of free allocations given to them accordingly.'
Amendment 448 #
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 4
Article 10a – paragraph 8 – subparagraph 4
Amendment 453 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i a (new)
Article 1 – paragraph 1 – point 5 – point i a (new)
Directive 2003/87/EC
Article 10a
Article 10a
(ia) the following paragraph is added: 'The Commission shall, as part of the measures adopted under paragraph 1, include measures for defining installations that partially cease to operate or significantly reduce or increase their capacity or their production by more than 10%, and measures for adapting, as appropriate, the level of free allocations.'.
Amendment 455 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i a (new)
Article 1 – paragraph 1 – point 5 – point i a (new)
(ia) paragraph 20 is deleted
Amendment 457 #
Proposal for a directive
Article 1 – point 6
Article 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 high 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. To ensure a level playing field for the production of hydrogen and syngas in refineries and chemical plants, hydrogen and syngas shall continue to be deemed to be at the same risk of carbon leakage as the refinery sector.
Amendment 465 #
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 high 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. To ensure a level playing field for the production of hydrogen and syngas in refineries and chemical plants, hydrogen and syngas shall continue to be deemed to be at the same risk of carbon leakage as the refinery sector.
Amendment 473 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory sentence
Article 10b – paragraph 2 – introductory sentence
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18,12 as well as sectors that were deemed at risk of carbon leakage between 2013 and 2020 and that have a trade intensity of at least 40 %, may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 475 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/CE
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. To ensure a level playing field for the production of hydrogen and syngas in refineries and chemical plants, hydrogen and syngas shall be continue to be deemed to be at the same risk of carbon leakage as the refinery sector. (This amendment refers only to article 1, section 1 point 6 of the proposal, referring to the article 10b - paragraph 1 of the Directive 2003/87/CE) Or. en (See wording of recital 8 and article 10a of the proposed new Directive)
Amendment 480 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c
Article 10b – paragraph 2 – point c
(c) profit margins or the inability to pass on carbon costs as a potential indicator of long-run investment or relocation decisions.
Amendment 488 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory part
Article 10b – paragraph 2 – introductory part
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18,12, as well as sectors that were deemed at risk of carbon leakage between 2013 and 2020 and that have a trade intensity of at least 40 %, may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 495 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices without losing market share, 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 499 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
4. By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4-digit level (NACE-4 code) or activities which are at the relevant level of disaggregation based on public and sector specific data as appropriate to comprise those activities covered by the EU ETS, as concerns paragraph 1, in accordance with Article 23,. The assessment of the intensity of trade shall be based on data for the three most recent calendar years available. For the calculation of the emission intensity the lowest value of kgCO2 since the establishment of the EU ETS shall be used.
Amendment 499 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c
Article 10b – paragraph 2 – point c
(c) profit margins or the inability to pass on carbon costs as a potential indicator of long-run investment or relocation decisions.
Amendment 510 #
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. 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 deemed at low carbon leakage risk. They 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 517 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code) or activities which are at the relevant level of disaggregation based on public and sector specific data as appropriate, as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
Amendment 522 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € at market priceEUR in purchasing power standards below 60% of the Union average may give a transitional free allocation to installations for electricity production for the modernisation of the energy sector.
Amendment 522 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/CE
Article 10b – paragraph 4
Article 10b – paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code) and, as appropriate, at an 8-digit level (Prodcom) as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available. (This amendment applies only for the article 1 - paragraph 1 - point 6 of the proposed Directive, referring to the article 10b paragraph 4 of the Directive 2003/87/CE) Or. en (See wording of the article 10b - paragraph 4 of the Directive 2003/87/CE)
Amendment 529 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. By 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 productionelectricity and heat generators, including district heating, for the modernisation of the energy sector.
Amendment 543 #
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 or 2014 a GDP per capita in € at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity productionelectricity and heat generators, including district heating, for the modernisation of the energy sector.
Amendment 544 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point b
Article 10c – paragraph 2 – subparagraph 1 – point b
(b) ensure that only projects which contribute to the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production (electricity and heat), transmission and distribution sectors are eligible to bid;
Amendment 546 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point b a (new)
Article 10c – paragraph 2 – subparagraph 1 – point b a (new)
(ba) ensure that electricity generation projects emit less than 550gCO2/kWh.
Amendment 558 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 2
Article 10c – paragraph 2 – subparagraph 2
By 30 June 2019, any Member State intending to make use of optional free allocation shall publish a detailed national framework setting out the competitive bidding process and selection criteria for public comment. Within 6 months after its publication, the Commission shall check that the national framework complies with the criteria set out in this paragraph and may reject such national framework if it is not aligned. The Member State shall publish a report, and submit it to the Commission, on the contribution of the investments towards emission reductions.
Amendment 565 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 3
Article 10c – paragraph 2 – subparagraph 3
Where investments with a value of less than €EUR 10 million are supported with free allocation, the Member State shall select projects based on objective and transparent criteria. Those criteria shall be subject to public consultation, ensuring full transparency and accessibility of relevant documents, and fully take into account comments raised by stakeholders. The results of this selection process shall be published for public commentnsultation. On this basis, the Member State concerned shall establish and submit a list of investments to the Commission by 30 June 2019.
Amendment 566 #
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 – point (b)
Article 10 c – paragraph 2 – point (b)
(b) ensure that only projects which contribute to the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production (electricity and heat), transmission and distribution sectors are eligible to bid;
Amendment 583 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 6 a (new)
Article 10c – paragraph 6 a (new)
Amendment 590 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 1
Article 10d – paragraph 1 – subparagraph 1
A fund to support and leverage investments in modernising energy systems, including district heating, and improving energy efficiency in Member States with a GDP per capita below 60% of the Union average in 2013 or 2014 shall be established for the period 2021-30 and financed as set out in Article 10.
Amendment 618 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 1
Article 10 d – paragraph 1
A fund to support and leverage investments in modernising energy systems, including district heating, and improving energy efficiency in Member States with a GDP per capita below 60% of the Union average in 2013 or 2014 shall be established for the period 2021-30 and financed as set out in Article 10.
Amendment 638 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
2003/87/EC
Article 10d – paragraph 4 – subparagraph 3
Article 10d – paragraph 4 – subparagraph 3
The management committeeinvestment selection criteria shall be comproposed of representatives appointed by the investment board. Decisions of the management committee shall be taken by simple majorityby the European Investment Bank and approved by the investment board.
Amendment 658 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the fivthree years beginning on 1 January 2021 shall be submitted by 30 September 2018, and. The lists for the subsequent fivthree years shall be submitted every five years thereafterby 30 September 2021 and the list for the four last years by 30 September 2024. 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.
Amendment 671 #
Proposal for a directive
Article 1 – point 10 b (new)
Article 1 – point 10 b (new)
Directive 2003/87/EC
Article 12 – paragraph 3a
Article 12 – paragraph 3a
(10b) In Article 12, paragraph 3a is replaced by the following: '3a. An obligation to surrender allowances shall not arise in respect of emissions verified as captured and transported for permanent storage to a facility for which a permit is in force in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide, nor in respect of emissions verified as captured and/or re- used in an application ensuring a permanent bound of the CO2, for the purpose of carbon capture and re-use.'
Amendment 676 #
Proposal for a directive
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 702 #
Proposal for a directive
Article 1 – point 22 b (new)
Article 1 – point 22 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22b) In Article 27, paragraph 1 is replaced by the following: '1. Following consultation with the operator and subject to its agreement, Member States may exclude from the Community schemeEU ETS 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 and specifying how those measures would not result in higher compliance costs for such installations, 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 achieveare aimed at making an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community schemeEU ETS; (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.'
Amendment 712 #
Proposal for a directive
Article 1 – point 22 f (new)
Article 1 – point 22 f (new)
Directive 2003/87/EC
Article 30 a (new)
Article 30 a (new)
(22f) The following Article is inserted: 'Article 30a Adjustments upon global stocktake under the UNFCCC and the Paris Agreement Every 5 years, in line with the regular reviews foreseen in the Paris Agreement, the Union shall assess its INDC in the context of global mitigation efforts following a global stocktake of nationally- determined contribution. The Commission shall submit a report assessing, in particular, the following elements: the implication of the options required at Union level; the efforts undertaken by other major economies; the Union industries' competitiveness in the context of carbon and investment leakage risks as well as the impact on the Union's industrialisation target of 20%. If, on that basis, the Commission deems it necessary to submit a legislative proposal to amend this Directive it shall in parallel present a full impact assessment and take into account the differentiated abilities and costs of decarbonisation in the power and industrial sectors covered by the EU ETS.'
Amendment 713 #
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 to adopt a delegatedn implementing act in accordance with Article 23 to implement this Article. (This amendment modifies the article 1 - paragraph 1 - point 7 of the Commission proposal) Or. en (See wording of article 10d - paragraph 7)
Amendment 719 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – second subparagraph
Article 11 – paragraph 1 – second subparagraph
A list of installations covered by this Directive for the fivthree years beginning on 1 January 2021 shall be submitted by 30 September 2018, and. The lists for the subsequent fivthree years shall be submitted every five years thereafterby 30 September 2021 and the list for the four last years by 30 September 2024. 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.
Amendment 732 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
(8a) From 2021 onwards, Member States shall also ensure that during each calendar year every operator reports production activity for adjustments to allocation in accordance with Article 10a paragraph 7.
Amendment 734 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2003/87/EC
Article 12 – paragraph 3 a
Article 12 – paragraph 3 a
Amendment 739 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Amendment 740 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1 – third subparagraph (new)
Article 14 – paragraph 1 – third subparagraph (new)
Amendment 743 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Directive 2003/87/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(12b) in Article 14, paragraph 1, a new subparagraph is added: ' That regulation shall also determine simplified monitoring, reporting and verification procedures for small emitters.'
Amendment 744 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2003/87/EC
Article 15 – subparagraph 5
Article 15 – subparagraph 5
Amendment 745 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
(13a) In article 15, paragraph fourth is modified as follows: "By 31 December 2011, the Commission shall adopt a regulation for the verification of emission reports based on the principles set out in Annex V and for the accreditation and supervision of verifiers. It shall specify conditions for the accreditation and withdrawal of accreditation, for mutual recognition and peer evaluation of accreditation bodies, as appropriate. By 31 December 2018, the Commission revise this regulation in order to include rules for the verification of activity levels in accordance with Article 11 paragraph 2."
Amendment 748 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
(16a) In article 22, paragraph 1 is modified as follows: "The Annexes to this Directive, with the exception of Annexes I, IIa and IIb, may be amended in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Annexes IV and V may be amended in order to improve the monitoring, reporting and verification of emissions and activity."
Amendment 762 #
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
Amendment 768 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1 – point (a)
Article 27 – paragraph 1 – point (a)
Amendment 769 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Article 1 – paragraph 1 – point 23 b (new)
(23b) The following Article 28a(new) is added: Every 5 years, in line with the regular reviews foreseen in the Paris Agreement, the EU will assess its INDC in the context of global mitigation efforts following a global stocktake of nationally-determined contribution. The Commission shall submit a report assessing, in particular, the following elements: the implication of the options required at Union level; the efforts undertaken by other major economies, including developing countries; the Union industries' competitiveness in the context of carbon and investment leakage risks as well as the impact on the EU's industrialisation target of 20%. If, on that basis, the Commission deems it necessary to submit a legislative proposal to amend this Directive it shall in parallel present a full impact assessment and take into account the differentiated abilities and costs of decarbonisation in the power and industrial sectors covered by the EU ETS;