86 Amendments of Tiemo WÖLKEN related to 2021/0211(COD)
Amendment 131 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differentlyall genders and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 132 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The EU ETS is a cornerstone of the Union’s climate policy and constitutes its key tool for reducing greenhouse gas emissions in a cost-effective way. In line with the commitments made in COP26 in Glasgow to review the nationally determined contributions (NDCs) on an annual basis, the Commission should revise its NDC to account for all the sectors included in this revision.
Amendment 136 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Delivering on the European Green Deal should ensure quality job creation and social progress for all. To be socially acceptable, the climate ambition proposed in this Directive should be matched by an equivalent social ambition, in line with the European Pillar of Social Rights. The European Green Deal agenda is an opportunity to maintain and create quality jobs, promote decent work, raise labour standards, strengthen social dialogue and collective bargaining, tackle discriminations at work, promote gender equality, and workplace democracy. In order to achieve these objectives, just transition mechanisms should complement all proposed actions in the framework of the Green Deal and the “Fit for 55” package.
Amendment 155 #
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new and existing technologies and products and circular economy measures. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of, in particular, green hydrogen outside the refineries sector.
Amendment 182 #
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 188 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The inclusion of municipal waste incineration installations in the EU ETS would contribute to the circular economy by encouraging recycling, reuse and repair of products, while also contributing to economy-wide decarbonisation. Accordingly, municipal waste incineration installations should be included within the scope of Directive 2003/87/EC from 1 January 2024.
Amendment 200 #
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement. Efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, these measures will not bedevelopments in the IMO framework are far from sufficient to achieve the objectives of the Paris Agreement.
Amendment 204 #
Proposal for a directive
Recital 17
Recital 17
(17) Greenhouse gas emissions from the maritime sector account for around 2,5 % of Union emissions. The lack of decisive action within the IMO framework has delayed innovation and introduction of necessary measures to reduce emissions in the sector. In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes its fair share to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share100 % of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include halfl of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, halfl of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026,As the maritime transport sector has been exempted from carbon pricing measures, and this despite industrial installations having been a part of the EU ETS for a long time, the surrendering of allowances by shipping companies should be implemented fully in 2023 and shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. _________________ 49 Paris Agreement, Article 4(4).
Amendment 220 #
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the Commission should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 - to the European Parliament and to the Council on progress in the IMO negotiations concerning a global market- based measure. In its report, the Commission should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those instruments in Union law through a revision of Directive 2003/87/EC. That report should also take into account the level of participation in those global measures, their enforceability, transparency, penalties for non-compliance, the processes for public input, the use of offset credits, monitoring, reporting and verification of emissions, registries and accountability. In its report, the Commission should include proposals as appropriate.
Amendment 227 #
Proposal for a directive
Recital 20
Recital 20
(20) The person or organisation responsible for the compliance with the EU ETS should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757, and in line with the global data collection system established in 2016 by the IMO. In line with the polluter pays principle, the shipping company cshould, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting the CO2greenhouse gas emissions of the ship accountable for the compliance costs under this Directive. This entity would normally be the entity that is responsible for the choice of fuel, route and speed of the ship.
Amendment 245 #
Proposal for a directive
Recital 26
Recital 26
(26) Achieving the Union’s emissions reduction target for 2030 will require a reduction in the emissions of the sectors covered by the EU ETS of at least 661 % compared to 2005. The Union-wide quantity of allowances of the EU ETS needs to be reduced to create the necessary long-term carbon price signal and drive for this degree of decarbonisation. To this end, the linear reduction factor should be increased, also taking into account the inclusion of emissions from maritime transport. The latter should be derived from the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor.
Amendment 250 #
Proposal for a directive
Recital 27
Recital 27
(27) Bearing in mind that this Directive amends Directive 2003/87/EC in respect of a period of implementation that has already started on 1 January 2021, for reasons of predictability, environmental effectiveness and simplicity, the steeper linear reduction pathway of the EU ETS should be a straight line from 2021 to 2030, such as to achieve emission reductions in the EU ETS of at least 661 % by 2030, as the appropriate intermediate step towards Union economy- wide climate neutrality in 2050. As the increased linear reduction factor can only apply from the year following the entry into force of this Directive, a one-off reduction of the quantity of allowances should reduce the total quantity of allowances so that it is in line with this level of annual reduction having been made from 2021 onwardse average emissions of the previous three years, adjusted, from the mid-point of that period, by the linear reduction factor.
Amendment 260 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by for example reducing distortive taxes on condition that such reduction is carried out in a progressive manner. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 1,2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC. A further amount of 1,25 % should be used to top up the Innovation Fund.
Amendment 323 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to better reflect technological progress and adjust the corresponding benchmark values to the relevant period of allocation while ensuring emission reduction incentives and properly rewarding innovation, the maximum adjustment of the benchmark values should be increased from 1,6 % to 2,5 % per year and the minimum adjustment of the benchmark values should be increased from 0,2 % to 1,0 % per year . For the period from 2026 to 2030, the benchmark values should thus be adjusted within a range of 420 % to 50 % compared to the value applicable in the period from 2013 to 2020.
Amendment 354 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovatioa new 'Ocean Fund' as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and lowzero carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime] while also supporting a just transition and safeguarding biodiversity. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. from the allowances that could otherwise be allocated for free. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 360 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) At least 25 % of allowances from the quantity which could otherwise be auctioned should go to finance the Social Climate Fund.
Amendment 364 #
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, offering the opportunity to guarantee investors in innovative climate-friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs. CCDs would offer certainty to investors in technologies, such as carbon capture technologies, and optimise the use of available resources. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 378 #
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to fossil fuels. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 8100 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 418 #
Proposal for a directive
Recital 43
Recital 43
Amendment 437 #
Proposal for a directive
Recital 44
Recital 44
Amendment 456 #
Proposal for a directive
Recital 45
Recital 45
Amendment 461 #
Proposal for a directive
Recital 46
Recital 46
Amendment 466 #
Proposal for a directive
Recital 47
Recital 47
Amendment 478 #
Proposal for a directive
Recital 48
Recital 48
Amendment 490 #
Proposal for a directive
Recital 49
Recital 49
Amendment 501 #
Proposal for a directive
Recital 50
Recital 50
Amendment 510 #
Proposal for a directive
Recital 51
Recital 51
Amendment 522 #
Proposal for a directive
Recital 52
Recital 52
Amendment 538 #
Proposal for a directive
Recital 53
Recital 53
Amendment 547 #
Proposal for a directive
Recital 54
Recital 54
Amendment 556 #
Proposal for a directive
Recital 55
Recital 55
Amendment 560 #
Proposal for a directive
Recital 56
Recital 56
Amendment 573 #
Proposal for a directive
Recital 57
Recital 57
Amendment 593 #
Proposal for a directive
Recital 59
Recital 59
Amendment 601 #
Proposal for a directive
Recital 60
Recital 60
Amendment 615 #
Proposal for a directive
Recital 62
Recital 62
(62) Considering the need to deliver a stronger investment signal to reduce emissions in a cost-efficient manner and with a view to strengthening the EU ETS, Decision (EU) 2015/1814 should be amended so as to increase the percentage rate for determining the number of allowances to be placed each year in the Market Stability Reserve. In addition, for lower levels of the TNAC, the intake should be equal to the difference between the TNAC and the threshold that determines the intake of allowances. This would prevent the considerable uncertainty in the auction volumes that results when the TNAC is close to the threshold, and at the same time ensure that the surplus reaches the volume bandwidth within which the carbon market is deemed to operate in a balanced manner. Such adjustment should be made without resulting in any reduced ambition compared to the current Market Stability Reserve.
Amendment 635 #
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2greenhouse gas emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 647 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 210 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 683 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2003/87/EC
Article 3 a (new)
Article 3 a (new)
Amendment 696 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fiftyone hundred percent (5100 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fiftyone hundred percent (5100 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) of emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 715 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – introductory part
Article 3ga – paragraph 1 – introductory part
Shipping companies shall be liable to surrender allowances according to the following schedule:for 100 % of verified emissions reported for 2023 and each year thereafter.
Amendment 716 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point a
Article 3ga – paragraph 1 – point a
Amendment 721 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point b
Article 3ga – paragraph 1 – point b
Amendment 726 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point c
Article 3ga – paragraph 1 – point c
Amendment 731 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point d
Article 3ga – paragraph 1 – point d
Amendment 739 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
Amendment 754 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gd a (new)
Amendment 764 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd b (new)
Article 3gd b (new)
Article 3gdb Contractual arrangements 1. Where the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual arrangement, by an entity other than the shipping company, Member States shall ensure that that entity is responsible, under the contractual arrangement, for covering the costs arising from the implementation of this Directive. 2. For the purposes of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of, the ship. 3. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs referred to in paragraph 1 of this Article in accordance with Article 16.
Amendment 770 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. That report shall in particular take into account the level of participation in those global measures, their enforceability, transparency, penalties for non-compliance, the processes for public input, the use of offset credits, monitoring, reporting and verification of emissions, registries and accountability. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate.
Amendment 786 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 2003/87/EC
Article 3h a (new)
Article 3h a (new)
(7a) the following article is inserted: Article 3ha 1. Member States may exclude from the EU ETS vessels that have reported to the competent authority of the Member State concerned under Regulation (EU) 2015/757 emissions of less than 1 000 tonnes of carbon dioxide equivalent in the previous year, provided that the Member State concerned: (a) notifies the Commission of each such vessel and to the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10; (b) notifies the Commission of each such vessel before the list of installations pursuant to Article 11(1) is to be submitted or at the latest when that list is submitted to the Commission;
Amendment 795 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 Directive 2003/87/EC
Article 1 – paragraph 1 – point 10 Directive 2003/87/EC
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined dependequal the average emissions of the previous three years, adjusted, from the mid-poingt on year of entry into force)]f that period, by the linear reduction factor. In the same year, the Union-wide quantity of allowances shall be increased by 79 milliona number of allowances fcor maritime transportresponding to the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor. Starting in [the year following entry into force of this amendment], the linear reduction factor shall be 4,26 %. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 816 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
From 1 January 2024, the Union-wide quantity of allowances shall be increased as a result of the inclusion of municipal waste incineration installations in the EU ETS. The Commission shall adopt implementing acts setting out the amount of the increase in the Union-wide quantity of allowances to take account of the inclusion of municipal waste incineration installations in the EU ETS. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).
Amendment 830 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a
Article 10 – paragraph 1 – subparagraph 3a
In addition, 1,2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, 1,25 % of the total quantity of allowances between ... [the year following the entry into force of the Directive] and 2030 shall be auctioned for the Innovation Fund established under Article 10a(8).
Amendment 853 #
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget in order to support the Social Climate Fund under Regulation (EU) .../... [Social Climate Fund Regulation]. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:;
Amendment 877 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point h
Article 10 – paragraph 3 – subparagraph 1 – point h
(h) measures intended to improve energy efficiency, district heating systems and insulation, efficient and renewable heating and cooling systems, or to provide financial support in order to address social aspects in lower- and middle-income households, including by reducing distortive taxes;, provided such reduction is carried out in a progressive manner;
Amendment 892 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Amendment 898 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(ca) the following paragraph is inserted: '3a. In accordance with Article 19(2) of Regulation (EU) 2018/1999, Member States shall report annually to the Commission on the use of revenues and the actions taken pursuant to paragraph 3. Member States shall submit full, quality and consistent information. In particular, they shall define in their reports the meaning of ‘committed’ and ‘disbursed’ amounts, and submit rigorous financial information. If necessary to ensure compliance with those reporting obligations, Member States shall earmark revenues in their national budget. Member States shall ensure that EU ETS revenues are spent in a manner consistent with the obligations laid down in paragraph 3 and maintain their traceability, and ensure that they are additional to national climate spending. The Commission shall take all necessary measures to ensure that Member States respect their reporting obligations under this paragraph.’
Amendment 936 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2a
Article 10a – paragraph 1 – subparagraph 2a
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall onlynot be granted fully if the recommendations of the audit report are not implemented, to the extent that the pay- back time for the relevant investments does not exceed five years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 250 %. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly. By 1 January 2026, operators shall establish a climate-neutrality plan for installations. That plan shall be consistent with the climate-neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119 and any relevant sectoral roadmaps prepared in accordance with Article 10 of that Regulation and shall set out: (a) measures and investments to reach climate-neutrality by 2045 at installation or company-level; (b) intermediate targets and milestones to measure, by 31 December 2025 and by 31 December of each fifth year thereafter until 2045, progress made towards reaching climate-neutrality as set out in point (a); (c) an estimate of the impact of each of the measures and investments referred to in point (a) as regards the reduction of greenhouse gas emissions. (d) measures ensuring anticipation of change through social dialogue and taking into account the implications for re- and up-skilling of the workforce. Wherever possible, measures should be supported by Just Transition agreements negotiated between social partners, and where appropriate public authorities. Member States may provide financial support towards the implementation of the climate-neutrality plans referred to in the third subparagraph. Such support shall not be considered illegal state aid. The attainment of the targets and milestones referred to in point (b) of the third subparagraph shall be verified by 31 December 2025 and by 31 December of each fifth year thereafter until 2045, in accordance with the verification and accreditation procedures provided for in Article 15. In the case of installations whose greenhouse gas emission levels are above the average of the 10 % most efficient installations in a sector or subsector in the Union in the years 2021 and 2022 for the relevant product benchmarks, free allocation shall be reduced by 100 % % if no climate-neutrality plan has been established and by 25 % if the milestones and targets in the installation’s climate- neutrality plan have not been attained. The measures referred to in the first subparagraph shall be adjusted accordingly. An additional free allocation of 10 % of the applicable benchmark value shall be given to installations whose greenhouse gas emission levels are below the average of the 10 % most efficient installations in a sector or subsector in the Union in the years 2021 and 2022 for the relevant product benchmarks. For the purpose of the additional free allocation referred to in the seventh subparagraph of this paragraph, the following allowances shall be used: (a) any allowances that are not allocated due to a reduction of free allocation in accordance with the sixth subparagraph of this paragraph; (b) by way of derogation from Article 1(5a) of Decision (EU) 2015/1814 and to the extent necessary, allowances which would otherwise be invalidated in accordance with that Article.
Amendment 974 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.; y … [6 months after the date of the entry into force of this Directive] in view of modifying the definitions, scope and system boundaries of existing product benchmarks and potentially including new benchmarks ensuring free allocation for the production of a product is independent the type of production process, accounts for the full potential of product substitution and the circular use of materials, or avoids installations with partially or fully decarbonised processes being excluded from or prevented from participating in the benchmarks. Within the review, a linear benchmark trajectory shall be taken into consideration. This linear trajectory shall be in line with EU- wide climate neutrality by 2050 at the latest, and climate neutrality of the installations covered by this Directive by 2045 at the latest. The benchmark values resulting from that review shall be published as soon as the necessary information becomes available, in order for the updates to apply as soon as possible but no later than 1 January 2026.;
Amendment 1064 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 – paragraph 1a – subparagraph 4
Article 10 – paragraph 1a – subparagraph 4
Amendment 1109 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,21 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028.;
Amendment 1173 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
3675 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 875 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in lowzero-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’) while not supporting nuclear energy. Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
Amendment 1182 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change and a just transition and delivers the most marginal benefit in terms of emission reductions per support provided. The Innovation Fund shall also support the deployment of technologies that may no longer be considered innovative, but nevertheless hold a significant abatement potential and contribute to decarbonisation of the economy and energy and resource savings.
Amendment 1216 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 7
Article 10a – paragraph 8 – subparagraph 7
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the Innovation Fund, including the selection procedure and criteria, and the eligible sectors and technological requirements for the different types of support taking into account the social dimension of projects to ensure that the Innovation Fund contributes to a Just Transition for workers and communities impacted The range of measures that the Innovation Fund supports shall be extended to cover support to projects through price-competitive tendering, such as Carbon Contracts for Difference (CCDs). 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 Innovation Fund in the event of failure to respect the rule of law in the Member States. To this effect, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used.
Amendment 1220 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g a (new)
Article 1 – paragraph 1 – point 12 – point g a (new)
Directive 2003/87/EC
Article 10a – paragraph 9 a (new)
Article 10a – paragraph 9 a (new)
(ga) the following paragraph is inserted: “9a. At least 25 % of the allowances from the quantity which could otherwise be auctioned pursuant to Article 10, shall be auctioned and the revenues generated therefrom shall be allocated to the [Social Climate Fund Regulation].”
Amendment 1242 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to nuclear energy or energy generation facilities that use fossil fuels.”;
Amendment 1257 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
Article 10d – paragraph 2 – introductory part
2. At least 8100 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 1269 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point c
Article 10d – paragraph 2 – point c
(c) the improvement of demand sidereduction of overall energy use through demand side management and energy efficiency, including in transport, buildings, agriculture and waste;
Amendment 1278 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f
Article 10d – paragraph 2 – point f
Amendment 1296 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2003/87/EC
Article 10d – paragraph 12
Article 10d – paragraph 12
(ba) paragraph 12 is replaced by the following: "The Commission shall adopt implementing acts concerning detailed rules on the operation of the Modernisation Fund. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article22a(2). (https://eur-lex.europa.eu/legIn implementing the Modernisation 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 Modernisation Fund in the event of failure to respect the rule of law in the Member States. To this effect, the Commission shall provide an effective and efficient internal- content/EN/TXT/?uri=CELEX%3A02003Lrol system and shall seek recovery of amounts wrongly paid or incorrectly used.” Or. en 20210101&qid=1641400487-702)
Amendment 1342 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal.
Amendment 1346 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 2
Article 12 – paragraph 3 b – subparagraph 2
The Commission shall adopt implementing acts concerning the requirements to consider that greenhouse gases have become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal.
Amendment 1415 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
Chapter IV a
Amendment 1535 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2003/87/EC
Annexes
Annexes
Amendment 1547 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
Article 1 – paragraph 5 – subparagraph 1
In any given year, if the total number of allowances in circulation is between 8633 million and 1 096989 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 8633 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096989 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until … [the date of entry into force of this Directive], the percentage shall be doubled, and from that date until 31 December 2030, the percentage shall be doubtripled.
Amendment 1589 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 (new)
Article 3 – paragraph 1 – point -1 (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
Article 2 – paragraph 1
(-1) in Article 2, paragraph 1 is replaced by the following: "1. This Regulation applies to ships above 5 0400 gross tonnage in respect of CO2 all greenhouse gas emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015R0757-, but only if the emissions are above 1000 tonnes of greenhouse gases per year."; Or. en 20161216&qid=1644830287811)
Amendment 1597 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘CO2 emissions’ means the release of CO2 into the atmosphere by ships-1a) in Article 3, point (a) is replaced by the following: "(a) ‘greenhouse gas emissions’ means the release of carbon dioxide (CO2), methane (CH4) and nitrous Oxides (N2O) into the atmosphere and the direct radiative forcing of black carbon (BC) emissions.";
Amendment 1600 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 b (new)
Article 3 – paragraph 1 – point -1 b (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(-1b) in Article 3, point (c) is replaced by the following: "(c) ‘voyage’ means any movement of a ship that originates from or terminates in a port of call or structure situated on the continental shelf of a Member State, such as offshore supply services, and that serves the purpose of transporting passengers or, transporting cargo for commercial purposes; or performing service activities for offshore installations;"; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015R0757- 20161216&qid=1644830287811)
Amendment 1651 #
Proposal for a directive
Annex I – paragraph 1 – point a a (new)
Annex I – paragraph 1 – point a a (new)
Directive 2003/87/EC
Annex 1 – point 5
Annex 1 – point 5
(aa) point 5 is replaced by the following: “5. When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit. ” Or. en (Directive 2003/87/EC)
Amendment 1654 #
Proposal for a directive
Annex I – paragraph 1 – point b – point -i (new)
Annex I – paragraph 1 – point b – point -i (new)
Directive 2003/87/EC
Annex I – table – row 1 – column 1
Annex I – table – row 1 – column 1
(-i) in the first row, the first column is replaced by the following: "Combustion of fuels in installations with a total rated thermal input exceeding 210 MW(except in installations for the incineration of hazardous or municipal waste) ."; Or. en (Directive 2003/87/EC)
Amendment 1663 #
Proposal for a directive
Annex I – paragraph 1 – point c – point vii
Annex I – paragraph 1 – point c – point vii
Directive 2003/87/EU
Annex I – table – last row– column 1
Annex I – table – last row– column 1
Maritime transport Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or, cargo for commercial purposes. or performing service activities for offshore installations
Amendment 1674 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 1677 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 1685 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III a
Annex III a
Amendment 1698 #
Proposal for a directive
Annex I – point 3 – point c
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – Part C
Annex IV – Part C
Amendment 1705 #
Proposal for a directive
Annex I – point 4
Annex I – point 4
Directive 2003/87/EC
Annex V – Part C
Annex V – Part C