36 Amendments of Valérie HAYER related to 2021/0206(COD)
Amendment 24 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Porto Declaration of 8 May 2021 reaffirmed the European Council’s pledge to work towards a social Europe ensuring a fair transition, and its determination to continue deepening the implementation of the European Pillar of Social Rights at EU and national level, with due regard for respective competences and the principles of subsidiarity and proportionality.
Amendment 28 #
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment, fully aligned with the European Green Deal goals. _________________ 31 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32).
Amendment 31 #
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels may disproportionally affect vulnerable households, vulnerable micro- enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, including in rural, insular, mountainous, remote and less accessible areas or for less developed regions or territories, including the outermost regions and less developed peri-urban areas do not have access to alternative, affordable mobility and transport solutions and who may lack the financial capacity to invest into the reduction of fossil fuel consumption.
Amendment 37 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Mobility poverty has no clear Union-level or national definitions available. However, the problem is becoming more pressing to address as a result of the increasing phase-out requirements for combustion engine vehicles, high fuel prices, or high dependencies on transport availability, accessibility and costs to go to work or for daily mobility needs due to living in rural, insular, outermost regions, mountainous, remote and less accessible areas or for less developed regions or territories, including less developed peri-urban areas.
Amendment 42 #
Proposal for a regulation
Recital 14
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans shouldprepare together with the relevant stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 such as the social partners, regional and local authorities and submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should contribute to the implementation of the principles of the European Pillar of Social Rights and the achievement of the United Nations Sustainable Development Goals while ensuring that no-one is left behind as well as pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary conditional direct income support to mitigate adverse income effects in the shorter term.
Amendment 47 #
Proposal for a regulation
Recital 15
Recital 15
(15) Member States, in consultation with the stakeholders listed in Article 8.1 of Regulation (EU) 2021/1060 (CPR) such as social partners, local and regional level authorities, are best placed to design and to implement Plans that are adapted and targeted to their local, regional and national circumstances as their existing policies in the relevant areas and planned use of other relevant EU funds. In that manner, the broad diversity of situations, the specific knowledge of local and regional governments, research and innovation and industrial relations and social dialogue structures, as well as national traditions, can best be respected and contribute to the effectiveness and efficiency of the overall support to the vulnerable.
Amendment 52 #
Proposal for a regulation
Recital 17
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted conditional direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in timeSuch direct income support should decrease in time as the investments in energy efficiency, in building renovation and in zero- and low- emission mobility and transport should have paid off. Eligibility for such direct income support should be limited to 40% of the total estimated costs of the Plans for the period 2025-2027 and should be limited to 30% for the rest of the period of the fund.
Amendment 60 #
Proposal for a regulation
Recital 18
Recital 18
(18) Taking into account the importance of tackling climate change in line with Paris Agreement commitments, and the commitment to the United Nations Sustainable Development Goals, the actions under this Regulation should contribute to the achievement of the target that 30% of all expenditure under the 2021- 2027 multiannual financial framework should be spent on mainstreaming climate objectives and should contribute to the ambition of providing 10% of annual spending to biodiversity objectives in 2026 and 2027, while considering the existing overlaps between climate and biodiversity goals. For this purpose, the methodology set out in Annex II of Regulation (EU) 2021/1060 of the European Parliament and of the Council33 should be used to tag the expenditures of the Fund. The Fund should support activities that fully respect the climate and environmental standards and priorities of the Union and comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council34 . Only such measures and investments should be included in the Plans. DConditional direct income support measures should as a rule be considered as having an insignificant foreseeable impact on environmental objectives, and as such be considered compliant with the principle of ‘do no significant harm’. The Commission intends to issue technical guidance to the Member States well ahead of the preparation of the Plans. The guidance will explain how the measures and investments must comply with the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission intends to present in 2021 a proposal for a Council Recommendation on how to address the social aspects of the green transition. _________________ 33 Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (OJ L 231, 30.6.2021, p. 159). 34 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 64 #
Proposal for a regulation
Recital 20
Recital 20
(20) Member States should submit their Plans together with the update of their integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council35 after the consultation with stakeholders listed in Article 8(1) of Regulation (EU) 2021/1060 such as social partners, local and regional level authorities. The Plans should include the measures to be financed, their estimated costs and the national contribution. They should also include key milestones and targets to assess the effective implementation of the measures. _________________ 35 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
Amendment 70 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The Social Climate Fund should be an integral part of the EU budget in order to preserve the unity and integrity of the budget, respect the Community method and ensure that there is effective control by the budgetary authority, composed of the Parliament and the Council.
Amendment 72 #
Proposal for a regulation
Recital 23
Recital 23
(23) The overall financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenuethe additional burden on the vulnerable households and traffic users from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341, Member States should make those revenues available to the Union budget as own resourcesThe EU budget should cover half of the EUR 144 billion overall envelope, corresponding to EUR 72 billion. Following the developments of the carbon price and other relevant parameters, and before the final adoption of this legislative act, the Commission should update their assessment whether the overall financial envelope of the Fund still corresponds to 25% of the expected revenue deriving from the new ETS. Pursuant to Council Decision (EU, Euratom) 2020/205341, Member States should make those revenues available to the Union budget as own resources. The revenue accruing to the Union budget is to respect the principle of universality in accordance with Article 7 of Decision (EU, Euratom) 2020/2053. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. The financing of the Fund should not come at the expense of other Union programmes and policies. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
Amendment 74 #
Proposal for a regulation
Recital 23
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341, Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. Moreover, the financial envelope could be reinforced by using additional revenues from a higher carbon price generated by the extension of the scope of Directive 2003/87/EC to buildings and road transport. In the event of a higher carbon price, additional revenues could automatically finance the Fund. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
Amendment 76 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The Social Climate Fund should be endowed with a baseline allocation in the EU budget, which will also benefit from annual reinforcements in alignment with a higher carbon price, in order to further support households and transport users in making the climate transition. Such annual reinforcements should be accommodated within the MFF by means of an automatic ‘carbon price fluctuation adjustment’ of the ceiling of Heading 3 and the payment ceiling, the mechanism for which is to be provided for in the MFF regulation according to Article 312 TFEU.
Amendment 77 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) To ensure that financial support provided by the Fund can reach vulnerable households, vulnerable micro- enterprises, vulnerable transport users in the initial years of the entry into force of the Fund, Member States, upon a request submitted together with the Social Climate Plan, can receive an amount of up to 13% of their financial allocation in the form of pre-financing within two months after the adoption by the Commission of the legal commitments.
Amendment 81 #
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate the preparation of the Social Climate Plan and ensure transparent rules for monitoring and evaluation, 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 setting out the template based on which Member States shall prepare their Social Climate Plans and the common indicators for reporting on the progress and for the purpose of monitoring and evaluation of the implementation of the Plans. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 82 #
Proposal for a regulation
Recital 28
Recital 28
(28) The implementation of the Fund should be carried out in line with the principle of sound financial management, including the protection of the Union budget in the case of breaches of the principles of the rule of law, the effective prevention and prosecution of fraud, tax fraud, tax evasion, corruption and conflicts of interest.
Amendment 93 #
Proposal for a regulation
Article 1 – paragraph 4
Article 1 – paragraph 4
The general objective of the Fund is to contribute to thea fair transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC. The specific objective of the Fund is to support the transition towards climate neutrality for vulnerable households, vulnerable micro-enterprises and vulnerable transport users through temporary and conditional direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport with the objective to gradually phase out fossil fuels dependence.
Amendment 101 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘vulnerable households’ means households in energy poverty or households, including lower middle- income onehouseholds, that are significantly affected bby the transition towards climate neutrality, especially the price impacts of the inclusion of buildings and road transport into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘vulnerable micro-enterprises’ means micro-enterprises that are significantly affected by the transition towards climate neutrality, especially the price impacts of the incluextension of buildings and road transport into the scope of Directive 2003/87/EC and lack the means to renovate the building they occupy;
Amendment 108 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall prepare, in consultation with the relevant stakeholders listed in Article 8 (1) of Regulation (EU) 2021/1060 such as social partners, local and regional authorities and submit to the Commission a Social Climate Plan (‘the Plan’) together with the update to the integrated national energy and climate plan referred to in Article 14(2) of Regulation (EU) 2018/1999 in accordance with the procedure and timeline laid down in that Article. The Plan shall contain a coherent set of measures and investments to address the impact of carbon pricing on vulnerable households, vulnerable micro-enterprises and vulnerable transport users in order to ensure affordable heating, cooling and mobility while accompanying and accelerating necessary measures to meet the climate targets of the Union.
Amendment 112 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary and conditional direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC.
Amendment 115 #
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. The Plan shall include national and regional projects to:
Amendment 128 #
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) indicative national targets and objectives to reduce the number of vulnerable households, vulnerable micro- enterprises and vulnerable transport users over the duration of the Plan, including an indicative timetable with intermediary targets and objectives;
Amendment 143 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary and conditional direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct and conditional income support shall cease within the time limits identified under Article 4(1) point (d). Such support shall be limited to 40% of the total estimated costs of the Plans for the period 2025-2027 and shall be limited to 30% for the rest of the period.
Amendment 151 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States may include into the estimated total costs financial support provided to public or private entities other than vulnerable households, vulnerable micro-enterprises and vulnerable transport uses, if those entities carry out measures and investments ultimately benefitting vulnerable households, vulnerable micro- enterprises and vulnerable transport users. Such entities shall comply with the requirements on visibility set out in Article 22.2.
Amendment 154 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Additional allocations shall be made available subject to the specific technical adjustment based on carbon- price fluctuation provided for in Article4b of ... [Council Regulation (EU, Euratom) 2020/20931a as amended], so as to ensure that the available appropriations for the Social Climate Fund in the EU budget can increase in alignment with the carbon price. _________________ 1a Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433 I, 22.12.2020, p. 11).
Amendment 157 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Each year, the programmed baseline allocation in the EU budget could be reinforced in case there is any increase of the carbon price, as this raise would create additional burden on the vulnerable households and microenterprises as well as vulnerable transport users. Such annual reinforcements should correspond to the carbon price increase and be accommodated within the MFF by means of an automatic ‘upward adjustment’ of the ceiling of Heading 3 and the payment ceiling, the mechanism for which is to be provided for in the MFF regulation according to Article 312 TFEU.
Amendment 164 #
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Pre-financing 1. Upon request from a Member State submitted together with the Social Climate Plan, the Commission shall make a pre-financing payment of an amount of up to 13% of the financial contribution. By way of derogation from Article 116(1) of Regulation 2018/1046 (the Financial Regulation), the Commission shall make the corresponding payment within two months after the adoption of the legal commitment referred to in Article 18. 2. If a Member State requests pre- financing under paragraph 1 of this Article, the financial contribution shall be adjusted proportionally.
Amendment 166 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall contribute at least to 50 percent of the total estimated costs of their Plans.
Amendment 167 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. In order to ensure smooth implementation and to avoid frequent reprogramming exercises, Member States’ Social Climate Plans shall include at least one flexible component or type of measure, which can absorb potential additional availabilities on an annual basis.
Amendment 171 #
Proposal for a regulation
Article 15 – paragraph 2 – point a – point i
Article 15 – paragraph 2 – point a – point i
Amendment 174 #
Proposal for a regulation
Article 15 – paragraph 2 – point b – point i
Article 15 – paragraph 2 – point b – point i
(i) whether the Plan is expected to have a lasting impact on the on the Union's 2030 target, on climate neutrality and on the challenges addressed by that Plan and in particular on vulnerable households, vulnerable micro- enterprises and vulnerable transport users, especially households in energy poverty, in the Member State concerned;
Amendment 180 #
Proposal for a regulation
Article 16 – paragraph 1 – subparagraph 1 – point b
Article 16 – paragraph 1 – subparagraph 1 – point b
(b) the Union financial allocation allocated in accordance with Article 13 and 13a of this Regulation to be paid in pre-financing and instalments once the Member State has satisfactorily fulfilled the relevant milestones and targets identified in relation to the implementation of the Plan, which shall be subject, for the period 2028-2032, to the availability of the amounts referred to in Article 9(2) of this Regulation under the annual ceilings of the multiannual financial framework referred to in Article 312 TFEU;
Amendment 190 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. In implementing the Fund, the Member States, as beneficiaries of funds under the Fund, shall take all the appropriate measures to protect the financial interests of the Union and to ensure that the use of funds in relation to measures and investments supported by the Fund complies with the applicable Union and national law, in particular regarding the protection of the Union budget in the case of breaches of the principles of the rule of law, the prevention, detection and correction of fraud, corruption and conflicts of interests. To this effect, the Member States shall provide an effective and efficient internal control system as further detailed in Annex III and the recovery of amounts wrongly paid or incorrectly used. Member States may rely on their regular national budget management systems.
Amendment 191 #
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. In implementing the Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Fund in the case of breaches of the principles of the rule of law in the Member States. The Commission shall provide, to that effect, an effective and efficient internal control system and the recovery of amounts wrongly paid or incorrectly used.
Amendment 196 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. As part of evaluation report referred to in paragraph 1, the Commission shall consider the prolongation of the specific technical adjustment based on carbon-price fluctuation referred to in Article 9 in the context of the negotiations of the next multiannual financial framework.