BETA

146 Amendments of Michael BLOSS related to 2021/0211(COD)

Amendment 118 #
Proposal for a directive
Recital 1
(1) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)36 . Its Parties have agreed to hold the increase By adopting the Glasgow Climate Pact, its Parties recognised that limiting the global average temperature well below 2increase to 1,5 °C above pre-industrial levels and to pursue efforts to limit the temperature increase towould significantly reduce the risks and impacts of climate change, and committed to increase their 2030 climate targets to close the ambition gap. Aligning the European Union Emissions Trading System (EU ETS) with the 1,5 °C above pre- industrial levelstarget is a unique opportunity for the Union to contribute to the international climate effort to close the ambition gap before the United Nations Framework Convention on Climate Change 27th session of the Conference of the Parties (UNFCCC COP27) in Egypt. _________________ 36 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
2022/02/22
Committee: ENVI
Amendment 121 #
Proposal for a directive
Recital 1 a (new)
(1a) Latest climate science in the IPCC Sixth Assessment Report of August 2021 and the 2020 UNEP Emissions Gap Report indicate that, despite a brief dip in carbon dioxide emissions caused by the COVID-19 pandemic, the world is still heading for a temperature rise in excess of 3°C this century. It also stresses that the levels of ambition in the Paris Agreement must be roughly tripled for the 2°C pathway and increased at least fivefold for the 1,5°C pathway.
2022/02/22
Committee: ENVI
Amendment 125 #
Proposal for a directive
Recital 2
(2) Tackling climate and environmental-related challenges and reaching the objectives of the Paris AgreeAccelerating the green transition to a climate-neutral, sustainable, non- toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way while protecting, restoring and improving the state of the environment areis at the core of the Communication on “The European Green Deal”, adopted by the Commission on 11 December 201937 . _________________ 37 COM(2019)640 final8th Environmental Action Programme.
2022/02/22
Committee: ENVI
Amendment 138 #
Proposal for a directive
Recital 5
(5) The Union committed to reduce to reduce the Union’s economy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the UNFCCC Secretariat on 17 December 202039 . _________________ 39 https://www4.unfccc.int/sites/ndcstaging/ PublishedDocuments/European%20Unio n%20First/EU_NDC_Submission_Decem ber%202020.pdfdeleted
2022/02/22
Committee: ENVI
Amendment 140 #
Proposal for a directive
Recital 6
(6) In Regulation (EU) 2021/1119 of the European Parliament and of the Council40 the Union has enshrined the target of achieving an economy- wide climate neutrality by 2050 in legislation. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030. balance between anthropogenic emissions and removals by sinks of greenhouse gas emissions within the Union by 2050 at the latest in legislation. _________________ 40Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
2022/02/22
Committee: ENVI
Amendment 147 #
Proposal for a directive
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions, while implementing the polluter pays principle established in the Treaties. 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 bbenchmarks should be applicable independent of the nature of the production process. It is therefore necessary to modifyrevise, as soon as possible, 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 technologieinnovative, zero-emission technologies and to take into account circularity potentials. 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 hydrogen outside the refineries sector. Moreover, free allocation should end as soon as the Carbon Border Adjustment Mechanism fully enters into force. Additional revenues created by phasing out free allowances should be used to support those companies that are committed to rapid decarbonisation through the Innovation Fund and the establishment of Carbon Contract for Differences.
2022/02/22
Committee: ENVI
Amendment 162 #
Proposal for a directive
Recital 10
(10) In its Communication ‘Pathway to a Healthy Planet for All’44 , the Commission calls for steering the EU towards zero pollution by 2050, by reducing pollution across air, freshwaters, seas and soils to levels which are no longer expected to be harmful for health and natural ecosystems. Measures under Directive 2010/75/EU, as the main instrument regulating air, water and soil pollutant emissions, will often also enable emissions greenhouse gases to be reduced. In line with Article 8 of Directive 2003/87/EC, Member States should ensure coordination between the permit requirements of Directive 2003/87/EC and those of Directive 2010/75/EUemissions at the source, should also address greenhouse gas emissions. Operating permits should be revised by 2025 at the latest to include greenhouse gas emissions and provide for decarbonisation measures. _________________ 44Communication from the Commission to the European Parliament, the Council, the European Economic And Social Committee and the Committee of the Regions Pathway to a Healthy Planet for All, EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' (COM/2021/400 final).
2022/02/22
Committee: ENVI
Amendment 168 #
(12a) 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 the EU ETS as of the entry into force of this Directive.
2022/02/22
Committee: ENVI
Amendment 170 #
Proposal for a directive
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. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be consideunavoidable industrial process emissions, where no direct emission reduction options ared as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtainvailable, and are stored in a storage site ing a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removalsccordance with Directive 2009/31/EC of the European Parliament and of the Council46. _________________ 46 Directive 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).
2022/02/22
Committee: ENVI
Amendment 203 #
Proposal for a directive
Recital 17
(17) 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 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 isIt is therefore appropriate that the EU ETS covers a share ofll 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 half ofl 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, half ofl 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 thee coverage of all 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 emIn line with the position of the Parliament expressed in the context of the revissions 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 of Regulation (EU) 2015/757, the extension of the EU ETS to greenhouse gas emissions forom the maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each yearsector should apply immediately, and corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding yearver a broad range of greenhouse gas emissions. _________________ 49 Paris Agreement, Article 4(4).
2022/02/22
Committee: ENVI
Amendment 221 #
Proposal for a directive
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 CommissionEuropean Scientific Advisory Board 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 CommissionEuropean Scientific Advisory Board should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those their compatibility with the objective of limiting global warming under 1,5°C above pre- industruments in Union law through a revision of Directive 2003/87/EC. In iial levels. The Commission may only revise the provisions applying to international maritime transport activities if that report demonstrates that the IMO instruments areport, the Commission should include proposals as appropriate fully compatible with the objective of limiting global warming under 1,5°C above pre-industrial levels.
2022/02/22
Committee: ENVI
Amendment 230 #
Proposal for a directive
Recital 20 a (new)
(20a) The successful transition to zero- emission shipping requires an integrated approach and the appropriate enabling environment to stimulate innovation, both on ships and in ports. That enabling environment involves public and private investment in research and innovation, technological and operational measures to improve the energy efficiency of ships, and the deployment of sustainable alternative fuels that are produced from renewable energy sources, such as green hydrogen and ammonia, and of zero- emission propulsion technologies, including the necessary refuelling and recharging infrastructure in ports. An Ocean Fund should be established from revenues generated from the auctioning of maritime allowance under the EU ETS to improve the energy efficiency of ships and support investment aimed at helping to decarbonise maritime transport, including in short sea shipping and ports.
2022/02/22
Committee: ENVI
Amendment 244 #
Proposal for a directive
Recital 26
(26) AchievingFor the Union and its Memissions reduction target for 2030 will require a reduction in theber States to participate to the global effort to keep 1,5°C within reach, emissions of the sectors covered by the EU ETS of 61 %should be reduced by at least 70 % by 2030 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.
2022/02/22
Committee: ENVI
Amendment 248 #
Proposal for a directive
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 61 % 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 DirectiveIn order to align the EU ETS cap to the current verified emissions, a one-off reduction of the quantity of450 million 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 onwardsas of the year of entry into force of this Directive.
2022/02/22
Committee: ENVI
Amendment 254 #
Proposal for a directive
Recital 27 a (new)
(27a) Predictability is needed to ensure constant progress towards achieving the targets set out in Regulation (EU) 2021/1119. A rising carbon floor price would provide mid- and longer-term incentives for operators to invest in zero- emission technologies in line with the EU's climate targets.
2022/02/22
Committee: ENVI
Amendment 259 #
Proposal for a directive
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 aspectMember States should adopt ex- ante plans ion lhower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 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 they intend to use EU ETS revenues to close the investment gap associated with their respective climate and energy targets, while ensuring a just transition and respecting the EU Pillar of Social Rights. To ensure synergies with the Social Climate Fund, priority should be given to investments that also contribute to eradicate energy and mobility poverty.
2022/02/22
Committee: ENVI
Amendment 270 #
Proposal for a directive
Recital 28 a (new)
(28a) Taking into account the findings of the European Court of Auditors in its Special Report 18/2020, the possibility for some Member States to temporarily continue receiving free allocation for the modernisation of their energy sectors should end.
2022/02/22
Committee: ENVI
Amendment 283 #
Proposal for a directive
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investments in techniques to increase energy efficiency and reduce emissions. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed withTaking into account the findings of the European Court of Auditors in its Special Report 18/2020, free allocation of emission allowances to stationary installations should be discontinued as of the entry into force of this Directive, except for sectors covered by CBAM for which free allocation of emission allowances could be granted until the end of the CBAM transitional period. In that case, free allocation of emission allowances should be made conditional on the adoption of a detailed Decarbonisation and Zero Pollution Plan at the rlevised EED]. The relevant delegated acts should be adjusted accordinglyel of each installation.
2022/02/22
Committee: ENVI
Amendment 290 #
Proposal for a directive
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAMstop receiving free allocation from the moment CBAM enters into force. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. zero- emission technologies, renewable energy and energy storage, prioritising solutions that address the root causes of high greenhouse gas emissions, and including through the use of Carbon Contracts for Differences for zero- emission technologies that have significantly higher ongoing operating costs than the reference conventional technology for producing the same product. Special attention should be given to projects in CBAM sectors. _________________ 51 [please insert full OJ reference]
2022/02/22
Committee: ENVI
Amendment 316 #
Proposal for a directive
Recital 30 a (new)
(30a) Indirect cost compensation is not in line with the Union´s efforts to achieve its climate goals, the Union´s energy efficiency objectives and with the objective of phasing-out fossil fuels subsidies. Therefore, state aid support schemes referred to in Article 10a(6) to compensate for indirect costs for electricity intensive industries should be discontinued as of the entry into force of this Directive.
2022/02/22
Committee: ENVI
Amendment 322 #
Proposal for a directive
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 2,5ex-ante benchmarks should be revised within 6 months of the entry into force of this Directive. 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.
2022/02/22
Committee: ENVI
Amendment 346 #
Proposal for a directive
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 transportthe deployment of zero-emission technologies that may no longer be considered innovative but that nevertheless hold a significant abatement potential in view of the Union 2030 climate and energy targets. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternativerenewables-based 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 Innovation 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 suppTo ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming from the allowances that could otherwise be allocated fort for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]ree. Projects and investments supported by the Innovation Fund should comply with the "do no significant harm" principle and the "minimum safeguards" requirements set out respectively in Articles 17 and 18 of Regulation (EU) 2020/852. TNo 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. _________________ 52[add ref to the FuelEU Maritime Regulation]support should be given to any investments related to fossil fuels and nuclear energy, or to any other projects that would directly or indirectly lead to a lock-in of assets incompatible with the objective of accelerating the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy- based, resilient and competitive circular economy in a just, equitable and inclusive way while protecting, restoring and improving the state of the environment including by, inter alia, halting and reversing biodiversity loss. Companies receiving support from the Innovation Fund should also adopt a Decarbonisation and Zero-Pollution Plan.
2022/02/22
Committee: ENVI
Amendment 358 #
Proposal for a directive
Recital 33 a (new)
(33a) Revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime] should be allocated to the Ocean Fund to accelerate the decarbonisation of the maritime transport sector and to contribute to the protection and restoration of marine ecosystems.
2022/02/22
Committee: ENVI
Amendment 361 #
Proposal for a directive
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-friendlyzero-emission 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 should only be granted to projects implementing technologies that are fully compatible with the objective of limiting global warming to 1,5C above pre- industrial levels and exclude the direct or indirect use of fossil fuels and nuclear energy, and that have significantly higher operating costs compared to the reference conventional technology for producing the same product. Financial support through CCDs should be proportionate and not lead to undue distortions of the EU´s internal market nor to unfair discrimination with regard competing imported products, as required under WTO law. As such, CCDs should present an alternative to free allowances and not an additional subsidy. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
2022/02/22
Committee: ENVI
Amendment 370 #
Proposal for a directive
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,, the 8th Environmental Action Programme and Regulation (EU) 2021/1119, comply with the "do no significant harm" principle and eliminating the support to any investments related to fossil fuels or nuclear energy. In order to guarantee the efficient use of EU money, access to the Modernisation Fund should be conditional to the adoption by Member States of legally binding targets and measures for the phase out of all fossil fuels in a timeframe consistent with the objective of limiting global warming to 1,5°C, as well as to the respect of the Rule of Law. 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.
2022/02/22
Committee: ENVI
Amendment 382 #
Proposal for a directive
Recital 39
(39) Commission Implementing Regulation (EU) 2018/206654 lays down rules on the monitoring of emissions from biomass which are consistent with the rules on the use of biomass laid down in the Union legislation on renewable energy. As the legislation becomes more elaborate on the sustainability criteria for biomass with the latest rules established in Directive (EU) 2018/2001 of the European Parliament and of the Council55 , the conferral of implementing powers in Article 14(1) of Directive 2003/87/EC should be explicitly extended to the adoption of the necessary adjustments for the application in the EU ETS of sustainability criteria for biomass, including biofuels, bioliquids and biomass fuels. In addition, the Commission should be empowered to adopt implementing acts to specify how to account for the storage of emissions from mixes of zero-rated biomass and biomass that is not from zero- rated sources. Considering the latest scientific evidence from the Joint Research Centre that most of the forest biomass currently being burnt for energy in the EU not only increases emissions compared to fossil fuels, but does so for decades which in turn undermines the Union's effort to limit global warming under 1,5°C, the conferral of implementing powers in Article 14(1) of Directive 2003/87/EC should be explicitly extended to apply internationally recognized emission factors for solid biomass and biofuels for stationary combustion in the energy industry. _________________ 54Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1). 55Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
2022/02/22
Committee: ENVI
Amendment 405 #
Proposal for a directive
Recital 42
(42) The exclusion of installations using exclusively biomass from the EU ETS has led to situations where installations combusting a high share of biomass have obtained windfall profits by receiving free allowances greatly exceeding actual emissions. Therefore, a threshold value for zero-rated biomass combustion should be introduced above which installations are excluded from the EU ETS. The threshold value of 95 % is in line with the uncertainty parameter set out in Article 2(16) of Commission Delegated Regulation (EU) 2019/33156 . _________________ 56Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).deleted
2022/02/22
Committee: ENVI
Amendment 424 #
Proposal for a directive
Recital 43
(43) The Communication of the Commission on Stepping up Europe’s 2030 climate ambition57 , underlined the particular challenge to reduce the emissions in the sectors of road transport and buildings. Therefore, the Commission announced that a further expansion of emissions trading could include emissions from road transport and buildings. Emissions trading for these two new sectors would be established through separate but adjacent emissions trading. This would avoid any disturbance of the well-functioning emissions trading in the sectors of stationary installations and aviation. The new system is accompanied by compleachievement of the 1,5 degree objective is only possible if government policies are designed to be socially just. With the cost of living increasing significantly and wages having stagnated during decades of productivity increases, it is unjustified to extend the EU ETS to transport and buildings. Instead, governmentary policies and measures safeguarding against undue price impacts, shaping expectations of market participants and aiming for a carbon price signal for the whole economy. Previous experience has shown that the development of the new market requires setting upy should be focused on strengthening the regulatory framework, in particular the [CO2 cars and vans], [Energy Performance of Buildings] and efficient monitoring, reporting and verification system. In view of ensuring synergies and coherence with the existing Union infrastructure fstablishing government measures and financial instruments to support the EU ETS covering the emissions from stationary installations and aviation, it is appropriate to set up emissions trole out of affordable public transport, encouradging for the road transport and buildings sectors via an amendment to Directive 2003/87/ЕC. _________________ 57 COM(2020)562 finalcar companies to roll out affordable electric mobility and deep energy renovations.
2022/02/22
Committee: ENVI
Amendment 436 #
Proposal for a directive
Recital 44
(44) In order to establish the necessary implementation framework and to provide a reasonable timeframe for reaching the 2030 target, emissions trading in the two new sectors should start in 2025. During the first year, the regulated entities should be required to hold a greenhouse gas emissions permit and to report their emissions for the years 2024 and 2025. The issuance of allowances and compliance obligations for these entities should be applicable as from 2026. This sequencing will allow starting emissions trading in the sectors in an orderly and efficient manner. It would also allow the EU funding and Member State measures to be in place to ensure a socially fair introduction of the EU emissions trading into the two sectors so as to mitigate the impact of the carbon price on vulnerable households and transport users.deleted
2022/02/22
Committee: ENVI
Amendment 452 #
Proposal for a directive
Recital 45
(45) Due to the very large number of small emitters in the sectors of buildings and road transport, it is not possible to establish the point of regulation at the level of entities directly emitting greenhouse gases, as is the case for stationary installations and aviation. Therefore, for reasons of technical feasibility and administrative efficiency, it is more appropriate to establish the point of regulation further upstream in the supply chain. The act that triggers the compliance obligation under the new emissions trading should be the release for consumption of fuels which are used for combustion in the sectors of buildings and road transport, including for combustion in road transport of greenhouse gases for geological storage. To avoid double coverage, the release for consumption of fuels which are used in other activities under Annex I to Directive 2003/87/EC should not be covered.deleted
2022/02/22
Committee: ENVI
Amendment 462 #
Proposal for a directive
Recital 46
(46) The regulated entities in the two new sectors and the point of regulation should be defined in line with the system of excise duty established by Council Directive (EU) 2020/26258 , with the necessary adaptations, as that Directive already sets a robust control system for all quantities of fuels released for consumption for the purposes of paying excise duties. End-users of fuels in those sectors should not be subject to obligations under Directive 2003/87/EC. _________________ 58Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58 27.2.2020, p. 4).deleted
2022/02/22
Committee: ENVI
Amendment 470 #
Proposal for a directive
Recital 47
(47) The regulated entities falling within the scope of the emissions trading in the sectors of buildings and road transport should be subject to similar greenhouse gas emissions permit requirements as the operators of stationary installations. It is necessary to establish rules on permit applications, conditions for permit issuance, content, and review, and any changes related to the regulated entity. In order for the new system to start in an orderly manner, Member States should ensure that regulated entities falling within the scope of the new emissions trading have a valid permit as of the start of the system in 2025.deleted
2022/02/24
Committee: ENVI
Amendment 480 #
Proposal for a directive
Recital 48
(48) The total quantity of allowances for the new emissions trading should follow a linear trajectory to reach the 2030 emissions reduction target, taking into account the cost-efficient contribution of buildings and road transport of 43 % emission reductions by 2030 compared to 2005. The total quantity of allowances should be established for the first time in 2026, to follow a trajectory starting in 2024 from the value of the 2024 emissions limits (1 109 304 000 CO2t), calculated in accordance with Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council59 on the basis of the reference emissions for these sectors for the period from 2016 to 2018. Accordingly, the linear reduction factor should be set at 5,15 %. From 2028, the total quantity of allowances should be set on the basis of the average reported emissions for the years 2024, 2025 and 2026, and should decrease by the same absolute annual reduction as set from 2024, which corresponds to a 5,43 % linear reduction factor compared to the comparable 2025 value of the above defined trajectory. If those emissions are significantly higher than this trajectory value and if this divergence is not due to small-scale differences in emission measurement methodologies, the linear reduction factor should be adjusted to reach the required emissions reduction in 2030. _________________ 59Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).deleted
2022/02/24
Committee: ENVI
Amendment 491 #
Proposal for a directive
Recital 49
(49) The auctioning of allowances is the simplest and the most economically efficient method for allocating emission allowances, which also avoids windfall profits. Both the buildings and road transport sectors are under relatively small or non-existent competitive pressure from outside the Union and are not exposed to a risk of carbon leakage. Therefore, allowances for buildings and road transport should only be allocated via auctioning without there being any free allocation.deleted
2022/02/24
Committee: ENVI
Amendment 504 #
Proposal for a directive
Recital 50
(50) In order to ensure a smooth start to emissions trading in the buildings and road transport sectors and taking into account the need of the regulated entities to hedge or buy ahead allowances to mitigate their price and liquidity risk, a higher amount of allowances should be auctioned early on. In 2026, the auction volumes should therefore be 30 % higher than the total quantity of allowances for 2026. This amount would be sufficient to provide liquidity, both if emissions decrease in line with reduction needs, and in the event emission reductions only materialise progressively. The detailed rules for this front-loading of auction volume are to be established in a delegated act related to auctioning, adopted pursuant to Article 10(4) of Directive 2003/87/EC.deleted
2022/02/24
Committee: ENVI
Amendment 514 #
Proposal for a directive
Recital 51
(51) The distribution rules on auction shares are highly relevant for any auction revenues that would accrue to the Member States, especially in view of the need to strengthen the ability of the Member States to address the social impacts of a carbon price signal in the buildings and road transport sectors. Notwithstanding the fact that the two sectors have very different characteristics, it is appropriate to set a common distribution rule similar to the one applicable to stationary installations. The main part of allowances should be distributed among all Member States on the basis of the average distribution of the emissions in the sectors covered during the period from 2016 to 2018.deleted
2022/02/24
Committee: ENVI
Amendment 520 #
Proposal for a directive
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62[Add ref to the Regulation establishing the Social Climate Fund].deleted
2022/02/24
Committee: ENVI
Amendment 539 #
Proposal for a directive
Recital 53
(53) Reporting on the use of auctioning revenues should be aligned with the current reporting established by Regulation (EU) 2018/1999 of the European Parliament and of the Council63 . _________________ 63Regulation (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. 1–77).deleted
2022/02/24
Committee: ENVI
Amendment 543 #
Proposal for a directive
Recital 54
(54) Innovation and development of new low-carbon technologies in the sectors of buildings and road transport are crucial for ensuring the cost-efficient contribution of these sectors to the expected emission reductions. Therefore, 150 million allowances from emissions trading in the buildings and road transport sectors should also be made available to the Innovation Fund to stimulate the cost-efficient emission reductions.deleted
2022/02/24
Committee: ENVI
Amendment 551 #
Proposal for a directive
Recital 55
(55) Regulated entities covered by the buildings and road transport emissions trading should surrender allowances for their verified emissions corresponding to the quantities of fuels they have released for consumption. They should surrender allowances for the first time for their verified emissions in 2026. In order to minimise the administrative burden, a number of rules applicable to the existing emissions trading system for stationary installations and aviation should be made applicable to emissions trading for buildings and road transport, with the necessary adaptations. This includes, in particular, rules on transfer, surrender and cancellation of allowances, as well as the rules on the validity of allowances, penalties, competent authorities and reporting obligations of Member States.deleted
2022/02/24
Committee: ENVI
Amendment 564 #
Proposal for a directive
Recital 56
(56) For emissions trading in the buildings and road transport sectors to be effective, it should be possible to monitor emissions with high certainty and at reasonable cost. Emissions should be attributed to regulated entities on the basis of fuel quantities released for consumption and combined with an emission factor. Regulated entities should be able to reliably and accurately identify and differentiate the sectors in which the fuels are released for consumption, as well as the final users of the fuels, in order to avoid undesirable effects, such as double burden. To have sufficient data to establish the total number of allowances for the period from 2028 to 2030, the regulated entities holding a permit at the start of the system in 2025 should report their associated historical emissions for 2024.deleted
2022/02/24
Committee: ENVI
Amendment 570 #
Proposal for a directive
Recital 57
(57) It is appropriate to introduce measures to address the potential risk of excessive price increases, which, if particularly high at the start of the buildings and road transport emissions trading, may undermine the readiness of households and individuals to invest in reducing their greenhouse gas emissions. These measures should complement the safeguards provided by the Market Stability Reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council64 and that became operational in 2019. While the market will continue to determine the carbon price, safeguard measures will be triggered by rules-based automatism, whereby allowances will be released from the Market Stability Reserve only if concrete triggering conditions based on the increase in the average allowance price are met. This additional mechanism should also be highly reactive, in order to address excessive volatility due to factors other than changed market fundamentals. The measures should be adapted to different levels of excessive price increase, which will result in different degrees of the intervention. The triggering conditions should be closely monitored by the Commission and the measures should be adopted by the Commission as a matter of urgency when the conditions are met. This is without prejudice to any accompanying measures that Member States may adopt to address adverse social impacts. _________________ 64Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 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 264, 9.10.2015, p. 1).deleted
2022/02/24
Committee: ENVI
Amendment 585 #
Proposal for a directive
Recital 58
(58) The application of emissions trading in the buildings and road transport sectors should be monitored by the Commission, including the degree of price convergence with the existing ETS, and, if necessary, a review should be proposed to the European Parliament and the Council to improve the effectiveness, administration and practical application of emissions trading for those sectors on the basis of acquired knowledge as well as increased price convergence. The Commission should be required to submit the first report on those matters by 1 January 2028.deleted
2022/02/24
Committee: ENVI
Amendment 592 #
(59) In order to ensure uniform conditions for the implementation of Articles 3gd(3), 12(3b) and 14(1) of Directive 2003/87/EC, implementing powers should be conferred on the Commission. To ensure synergies with the existing regulatory framework, the conferral of implementing powers in Articles 14 and 15 of that Directive should be extended to cover the sectors of road transport and buildings. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council65 . _________________ 65Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).deleted
2022/02/24
Committee: ENVI
Amendment 600 #
Proposal for a directive
Recital 60
(60) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, 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 Articles 10(4) and 10a(8) of that Directive. Moreover, to ensure synergies with the existing regulatory framework, the delegation in Articles 10(4) and 10a(8) of Directive 2003/87/EC should be extended to cover the sectors of road transport and buildings. 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. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents66 , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified _________________ 66 OJ C 369, 17.12.2011, p. 14.deleted
2022/02/24
Committee: ENVI
Amendment 613 #
Proposal for a directive
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 to 36 %. The upper and lower thresholds should also be gradually reduced to zero by 2030 so that 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 mannererve is kept fit for purpose despite unforeseeable external shocks.
2022/02/24
Committee: ENVI
Amendment 620 #
Proposal for a directive
Recital 64
(64) The analysis of the impact assessment accompanying the proposal for this Directive has also shown that net demand from aviation should be included in the total number of allowances in circulation. In addition, since aviation allowances can be used in the same way as general allowances, including aviation in the reserve would make it a more accurate, and thus a better tool to ensure the stability of the market. The calculation of the total number of allowances in circulation should include aviation emissions and allowances issued in respect of aviation as of the year following the entry into force of this Directive.deleted
2022/02/24
Committee: ENVI
Amendment 625 #
Proposal for a directive
Recital 66
(66) In order to mitigate the risk of supply and demand imbalances associated with the start of emissions trading for the buildings and road transport sectors, as well as to render it more resistant to market shocks, the rule-based mechanism of the Market Stability Reserve should be applied to those new sectors. For that reserve to be operational from the start of the system, it should be established with an initial endowment of 600 million allowances for emissions trading in the road transport and buildings sectors. The initial lower and upper thresholds, which trigger the release or intake of allowances from the reserve, should be subject to a general review clause. Other elements such as the publication of the total number of allowances in circulation or the quantity of allowances released or placed in the reserve should follow the rules of the reserve for other sectors.deleted
2022/02/24
Committee: ENVI
Amendment 634 #
Proposal for a directive
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 CO2, CH4, N2O and black carbon 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.
2022/02/24
Committee: ENVI
Amendment 646 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 1
1. This Directive shall apply to emission from the activities listed in Annexes I and II I, 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.
2022/02/24
Committee: ENVI
Amendment 649 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – paragraph 1 – point b
(b) ‘emissions’ means the release of greenhouse gases into the atmosphere from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or the release of greenhouse gases corresponding to the activity referred to in Annex III;;
2022/02/24
Committee: ENVI
Amendment 659 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 – paragraph 1 – point d
(d) ‘greenhouse gas emissions permit’ means the permit issued in accordance with Articles 5, 6 and 30b;6;
2022/02/24
Committee: ENVI
Amendment 664 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point v a (new)
(va) ‘voyage’ means any movement of a ship that originates from or terminates in a port of call or structures situated on the continental shelf of that Member State and that serves the purpose of transporting passengers or cargo for commercial purposes, or performing service activities such as services for offshore installations, dredging and tug assistance;
2022/02/24
Committee: ENVI
Amendment 667 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point x
(x) ‘regulated entity’ for the purposes of Chapter IVa shall mean any natural or legal person, except for any final consumer of the fuels, that engages in the activity referred to in Annex III and that falls within one of the following categories: (i) where the fuel passes through a tax warehouse as defined in Article 3(11) of Council Directive (EU) 2020/262(*), the authorised warehouse keeper as defined in Article 3(1) of that Directive, liable to pay the excise duty which has become chargeable pursuant to Article 7 of that Directive; (ii) if point (i) is not applicable, any other person liable to pay the excise duty which has become chargeable pursuant to Article 7 of Directive (EU) 2020/262 in respect of the fuels covered by this Chapter; (iii) if points (i) and (ii) are not applicable, any other person which has to be registered by the relevant competent authorities of the Member State for the purpose of being liable to pay the excise duty, including any person exempt from paying the excise duty, as referred to in Article 21(5), fourth sub-paragraph, of Council Directive 2003/96/EC(**); (iv) if points (i), (ii) and (iii) are not applicable, or if several persons are jointly and severally liable for payment of the same excise duty, any other person designated by a Member State . _________ (*) Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 058 27.2.2020, p. 4). (**) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283 31.10.2003, p. 51).deleted
2022/02/24
Committee: ENVI
Amendment 673 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point y
(y) ‘fuel’ for the purposes of Chapter IVa shall mean any fuel listed in Table-A and Table-C of Annex I to Directive 2003/96/EC, as well as any other product offered for sale as motor fuel or heating fuel as specified in Article 2(3) of that Directive;deleted
2022/02/24
Committee: ENVI
Amendment 675 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point z
(z) ‘release for consumption’ for the purposes of Chapter IVa shall have the same meaning as in Article 6(3) of Directive (EU) 2020/262.”;deleted
2022/02/24
Committee: ENVI
Amendment 697 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
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.
2022/02/24
Committee: ENVI
Amendment 712 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – title
Phase-in of rRequirements for maritime transport
2022/02/24
Committee: ENVI
Amendment 713 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
SAs of 1 January 2023 and each year thereafter, shipping companies shall be liable to surrender allowances accorresponding to the following schedule:one hundred percent (100 %) of verified emissions reported for each respective year.
2022/02/24
Committee: ENVI
Amendment 717 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 Directive 2003/87/EC
(a) 20 % of verified emissions reported for 2023;deleted
2022/02/24
Committee: ENVI
Amendment 722 #
(b) 45 % of verified emissions reported for 2024;deleted
2022/02/24
Committee: ENVI
Amendment 727 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point c
(c) 70 % of verified emissions reported for 2025;deleted
2022/02/24
Committee: ENVI
Amendment 732 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point d
(d) 100 % of verified emissions reported for 2026 and each year thereafter.deleted
2022/02/24
Committee: ENVI
Amendment 740 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 2023, 2024 and 2025, 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.deleted
2022/02/24
Committee: ENVI
Amendment 762 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gda 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 either on the basis of a time or a voyage charter agreement, by an entity other than the shipping company, that entity shall be responsible under the contractual arrangement for covering the costs arising from the implementation of this Directive. 2. For the purpose 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.
2022/02/24
Committee: ENVI
Amendment 765 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd b (new)
Article 3gdb Ocean Fund 1. A fund (‘the Ocean Fund’) shall be established for the period from … [the year of the start of auctioning of allowances in the maritime sector under this Directive] to 2030 with the objective of supporting projects and investments referred to in paragraph 3. At least 50 % of the revenues generated from the auctioning of allowances referred to in Article 3g shall be used through the Ocean Fund. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) .../... [FuelEU Maritime] shall be allocated to the Ocean Fund and used in accordance with paragraph 3. 2. The Ocean Fund shall be managed centrally through a Union body and the governance structure of the Ocean Fund shall be similar to the governance structure of the Innovation Fund established under Article 10a(8). The Ocean Fund’s governance structure and decision-making process shall be transparent and inclusive, in particular in relation to the setting of priority areas, criteria and grant allocation procedures. Relevant stakeholders shall have an appropriate consultative role. All information on the projects and investments supported by the Ocean Fund and all other relevant information on the functioning of the Ocean Fund shall be made available to the public. 3. Funds provided under the Ocean Fund shall be used to support projects and investments in relation to the following: (a) improvement of the energy and operational efficiency of ships; (b) innovative technologies and infrastructure for decarbonising the maritime transport sector, including as regards short sea shipping and ports; (c) deployment of sustainable renewable fuels, such as hydrogen and ammonia that are produced from renewable energy, including through carbon contracts for difference aimed at bridging the price between those zero-carbon fuels and conventional fuels; (d) deployment of zero-emission propulsion technologies and on-board renewable generation solutions, including wind technologies; In addition, 20 % of the funds provided under the Ocean Fund shall be used to support projects contributing to the protection and restoration of marine ecosystems, in particular those directly impacted by global warming. All investments supported by the Ocean Fund shall be made public and shall be consistent with the aims of this Directive. 4. The Commission shall engage with third countries with regards to exploring options as to how they could also make use of the Ocean Fund. 5. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the implementation of this Article. In implementing the Ocean Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council to ensure the protection of funds in relation to measures and investments supported by the Ocean Fund, in the event of failure to respect the rule of law in the Member States. To that end, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used.
2022/02/24
Committee: ENVI
Amendment 767 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd c (new)
Article 3gdc Annual membership contribution to the Ocean Fund 1. By way of derogation from Article 12, a shipping company may pay an annual membership contribution to the Ocean Fund set out under Article 3gdb in accordance with their total emissions reported for the preceding calendar year under Regulation (EU) 2015/757 to limit the administrative burden for maritime companies, including small and medium sized companies and companies that are not frequently active within the scope of this Directive. The Ocean Fund shall surrender allowances collectively on behalf of shipping companies that are members of the Fund. The membership contribution per tonne of emissions shall be set by the Fund by 28 February each year, but shall be at least equal to the highest recorded primary or secondary market settlement price for allowances in the preceding year. 2. The Ocean Fund shall acquire allowances equal to the collective total quantity of contributions referred to in paragraph 1 during the preceding calendar year and shall surrender them to the registry established under Article 19 by 30 April each year for subsequent cancellation.
2022/02/24
Committee: ENVI
Amendment 771 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation toWithin 12 months of 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 Europea, and before this measure becomes operational, and in any even no later than 30 September 2028, the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 shall examine the ambition and overall environmental integrity of that measure, in Pparliament and to the Council in which it shall examine any such measure. Where appropriate, tticular its compatibility with the objective of limiting global warming under 1,5°C above pre-industrial levels, and make that report publicly available. The Commission may follow to the report wonly submith a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriateamend this Directive if this report has demonstrated that the global market-based measure adopted by the IMO is fully compatible with the objective of limiting global warming under 1,5° above pre-industrial levels.
2022/02/24
Committee: ENVI
Amendment 790 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Directive 2003/87/EC
Article 8 – paragraph 2
The Commission shall review the effectiveness of synergies with Directive 2010/75/EUse Directive 2010/75/EU to include greenhouse gas emissions and to provide for decarbonisation measures. Environmental and climate relevant permits should be coordinated to ensure, at the latest by 2025, ensure coherent, efficient and speedier execution of measures needed to comply with EU climate and, energy objectives. The Commission may submit a report to the European Parliament and the Council in the context of any futand air pollution objectives. The relevant EU industrial framework regulations shall also be amended to set measures, reporting and verification requirements so to achieve climate neutrality by latest 2040, based on the following elements: (a) an integrated approach on pollution prevention at the source; (b) the phase out of the production and use of fossil fuels by latest 2035; (c) Environmental Quality Standards are not put at risk; (d) source review of this Directivecontrol measures are taken, aligned to performance achieved by strict implementation of relevant Union standards and beyond relevant sector benchmark(s).
2022/02/24
Committee: ENVI
Amendment 814 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- 450 million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 45,2 %. 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].;
2022/02/28
Committee: ENVI
Amendment 818 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3 a (new)
Upon publication of the Union greenhouse gas budget for the 2030-2050 period as referred to in Article 4(4) of Regulation (EU) 2021/1119, the Commission shall make a legislative proposal, as appropriate, based on a detailed impact assessment, to amend this Regulation to align the quantity of allowances that can be emitted after 2030 to the share of that budget for the sectors covered by this Directive.
2022/02/28
Committee: ENVI
Amendment 819 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Directive 2003/87/EC
Article 9a a (new)
(10a) the following article is inserted: “Article 9aa Minimum carbon floor price 1. As of ... [the year following entry into force of this Directive], where the auction price of an allowance is below a market value of 60 EUR/ tonne of CO2eq, the Member State shall not allow the surrender or auctioning of those allowances to the holder of that allowance where that minimal carbon price floor is not met. 2. The carbon floor price referred to in paragraph 1 shall be increased yearly by twice the Linear Reduction Factor referred to in the third paragraph of Article 9.”
2022/02/28
Committee: ENVI
Amendment 820 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)
(10b) the following article is inserted: “Article 9ab Decarbonisation and Zero Pollution Action Plans 1. By 30 June 2024, operators shall establish a Decarbonisation and Zero Pollution Action Plan for each of their installations for its activities subject to the scope of this Directive and Directive 2010/75/EU. 2. That plan shall be consistent with the priority objectives set out under Article 2 of Regulation (EU) …/… [8th Environmental Action Programme] , in particular the objective of limiting global warming to under the 1,5 degree compared to pre-industrial levels, and to achieve zero-pollution. 3. The Plan shall contain at least the following elements, applying at installation level: (a) targets, measures and investments to reduce scope 1 and 2 greenhouse gas emissions of the installation to zero by 2040 at the latest, excluding the use of carbon offset credits; (b) measures and investments taken so to ensure full compliance with the WHO air quality guidelines; (c) measures taken so to ensure the installation complies with the strict BAT Associated Energy Efficiency Levels (BAEELs) and BAT associated emission levels set in Best Available Techniques Reference Documents, where a differentiation is made those shall refer to “new plant” standards; (e) evidence on how the Plan is safeguarding the good chemical and ecological status of EU waters; (f) evidence on how the Plan is consistent with the Union's circular economy objectives and the relevant action plan and the toxic free environment goal (g) measures and investments ensuring anticipation of change through social dialogue, in particular through the re- skilling and up-skilling of potentially affected workers. Wherever possible, measures should be supported by Just Transition agreements negotiated between social partners, and where appropriate public authorities. 4. The Plan must be subject to intermediate targets of at least five year intervals so as to enable constant progress towards the objectives of the Plan. 5. The Commission is empowered to adopt delegated act in accordance with Article 23 to supplement this Directive by setting minimal content and format of the Plan, key performance indicators and sector benchmarks as to milestones and targets, following a multi stakeholder consultation process including an equal share of representatives of Member States, relevant public institutions, research institutes, non-governmental organisations promoting environmental protection and the industries concerned, including techniques providers for climate and environmental protection solutions, and after receiving advice from the European Scientific Advisory Board on Climate Change as established by Article 3 of Regulation (EU) 2021/1119.”
2022/02/28
Committee: ENVI
Amendment 821 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new) Directive 2003/87/EC
From 2021 onwards, and without prejudice to a possible reduction pursuant to Article 10a(5a), the share of allowances to be auctioned shall be 57%.(-a) In Article 10(1), the second subparagraph is replaced by the following: "From ... [date of entry into force of this amendment], all allowances shall be auctioned, except for sectors covered by Regulation (EU) …/… [Carbon Border Adjustment Mechanism] which may receive free allowances until the end of the transitional period referred to in Chapter X of that Regulation."
2022/02/28
Committee: ENVI
Amendment 826 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a
In addition, 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.deleted
2022/02/28
Committee: ENVI
Amendment 844 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
3. Member States shall determine thesubmit to the Commission a Plan together with the update of the integrated national energy and climate plan referred to in Article 14(1) and (2) of Regulation (EU) 2018/1999 detailing how they intend to 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. 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 cost in order to support the Social Climate Fund under Regulation (EU) …/… [Social Climate Fund Regulation]. Articles 9 and 10 of Regulation (EU) 2018/1999 shall apply to the preparation and assessment of the updated integrated national energy and climate plans. Member States shall explain in the Plan how the use of EU ETS revenues would contribute to close the investment gap associated with the Member States' climate and energy targets, while ensuring a just transition in line with the Council Recommendation on ensuring a fair transition towards climate neutrality and with the objectives and targets of the EU Pillar of Social Rights. Priority shall be given to investments that also contribute to eradicate energy and mobility poverty as defined under Regulation (EU) …/… [Social Climate Fund Regulation]. In order to facilitate the preparation of the Plan, the Commission shall publish guidance, including a template. Member States shall use their revenues generated from the auctioning of allowances referred to in Article 10a(6)paragraph 2, for one or more of the following:;
2022/02/28
Committee: ENVI
Amendment 855 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point b
(ba) in paragraph 3, first subparagraph, point (b) is replaced by the following: "(b) to develop renewable energies to meet the commitment of the Union to renewable energies, as well as to develop other technologies that contribute to the transition to a safe and sustainable low- carbon economy, and to help to meet the commitment of the Union to increase energy efficiency, at the levels agreed in relevant legislative acts, including the production of electricity from renewables self-consumers and renewable energy communities;
2022/02/28
Committee: ENVI
Amendment 857 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) in paragraph 3, first subparagraph, the following point is inserted: "(ba) to support the deep and staged deep renovation of buildings in accordance with Article 2(19) of Directive (EU) xxx/xxx [Recast EPBD], starting with the renovation of the worst- performing buildings;"
2022/02/28
Committee: ENVI
Amendment 859 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point d
(ba) in paragraph 3, first subparagraph, point (d) is replaced by the following: (d) forestry sequestration in the "(d) ecosystem-based approaches in the LULUCF sector in the Union;"
2022/02/28
Committee: ENVI
Amendment 867 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 - point e
(ba) in paragraph 3, first subparagraph, point (e) is deleted;
2022/02/28
Committee: ENVI
Amendment 870 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new) Directive 2003/87/EC
(f) to encouba) in paragraph 3, first subparagraph, point (f) is replaced by the following: "(f) to acceleragte athe shift to low- zero-emission mobility and public forms of transport;, including the development of electrified passenger and freight rail transport;”
2022/02/28
Committee: ENVI
Amendment 878 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
(h) measures intended to improve energy efficiency, efficient and renewable heating and cooling systems, and the uptake of renewable energies in district heating systems and, insulation, or to provide financial support in order to address social aspects in lower- and middle-income households, including by reducmoving distortive taxes;;
2022/02/28
Committee: ENVI
Amendment 886 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point k
(ca) in paragraph 3, first subparagraph, point (k) is replaced by the following: “(k) to promote skill formation and reallocation of labour in order to contribute to a just transition to a low carbonclimate-neutral economy, in particular in regions most affected by the transition of jobs, in close coordination with the social partners. and invest in upskilling and re-skilling of workers potentially affected by the transition.”
2022/02/28
Committee: ENVI
Amendment 896 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2 a (new)
(ca) in paragraph 3, the following subparagraph is inserted: "By way of derogation from the first subparagraph, Member States shall use at least 5 % of the revenues generated from the auctioning of allowances for ecosystem-based approaches in the LULUCF sector as referred to in point (d) of the first subparagraph, in line with Article 4a(2) of Regulation (EU) xxx/xxx [Revised LULUCF Regulation]. By way of derogation from the first subparagraph, Member States shall use at least 10 % of the revenues generated from the auctioning of allowances for the development of electrified passenger and freight rail transport as referred to in point (f) of the first subparagraph."
2022/02/28
Committee: ENVI
Amendment 900 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 a (new)
(ca) the following paragraph is inserted: "3a. Member States shall not use revenues generated from the auctioning of allowances for: (i) the decommissioning, the extension of the lifetime of, or the construction of nuclear power stations; (ii) investments related to the production, processing, transport, distribution, storage or combustion of fossil fuels; (iii) investment related to the use of forest biomass for energy purposes or to the use for energy purposes of cereal and other starch-rich crops, sugars and oil crops and crops grown as main crops primarily for energy purposes on agricultural land."
2022/02/28
Committee: ENVI
Amendment 911 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 5
(da) 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 and on other relevant climate and energy policies, including: (i) the operation of the auctions, liquidity and the volumes traded, and summarising the information provided by Member States on the financial measures referred to in Article 10a(6); (ii) verified emissions and allowances allocated for free until the end of the transitional period referred to in Chapter X of Regulation (EU) …/… [CBAM Regulation] per sector and subsector listed in Annex I; (iii) progress towards the targets set out in the Decarbonisation and Zero Pollution Action Plans referred to in Article 10(-a) per installation; (iv) the amount of revenues raised per Member States and the information provided by Member States on the use of revenues detailing the amount of revenues spent per categories referred to in Article 10(3); (v) details on the use of revenues from the Modernisation Fund per Member State; and (vi) details on the projects financed by the Innovation Fund and on progress towards their realisation. 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.
2022/02/28
Committee: ENVI
Amendment 916 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point -i (new)
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
No free allocati(-i) in the second shall be madubparagraph, the last sentence ins respect of any electricity production, except for cases falling within Article 10cplaced by the following: "No free allocation shall be made available in respect of andy electricity produced from waste gases.tion."
2022/02/28
Committee: ENVI
Amendment 937 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
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 only be granted fully if the recommendations of the audit report are 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 25 %. 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 accordinglyDuring the transitional period referred to in Chapter X of Regulation (EU) …/…[CBAM Regulation], free allocation shall only be granted to those installations that are subject to a Decarbonisation and Zero Pollution Action Plan in accordance with Article 10aa.
2022/02/28
Committee: ENVI
Amendment 981 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
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 2030within 6 months of the entry into force of this Directive in view of potentially modifying the definitions, scope and system boundaries of existing product benchmarks to ensure that a product benchmark is independent of the feedstock or the type of production process, to account for the full potential of product substitution and the circular use of materials, while ensuring that installations with partially or fully decarbonised processes are not excluded.;
2022/03/04
Committee: ENVI
Amendment 1001 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 1
No free allocation shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of application of the Carbon Border Adjustment Mechanism. Seventy- five percent (75 %) of the allowances resulting from that reduction shall be made available to the Innovation Fund referred to in paragraph 8. The revenues from the auctioning of the remaining allowances that would have otherwise be allocated for free shall be used to finance climate mitigation and adaptation in vulnerable developing countries, in particular Least Developed Countries and Small Island Developing States.
2022/03/04
Committee: ENVI
Amendment 1021 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a –paragraph 1a – subparagraph 2
By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during the entry into force of [CBAM regulation] and the end of 2025, 90 % in 2026 and shall be reduced by 10 percentage points each year to reach 0 % by the tenth year.deleted
2022/03/04
Committee: ENVI
Amendment 1053 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 3
The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I of Regulation [CBAM] compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11, paragraph 1. The CBAM factor shall be applied.deleted
2022/03/04
Committee: ENVI
Amendment 1087 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10a - paragraph 2 - subparagraph 3 - point c
(c) For the period from 2026 to 2030until the end of the transitional period referred to in Chapter X of Regulation (EU) …/… [CBAM Regulation], the benchmark values shall be determined in the same manner as set out in points (a) and (d) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028.;
2022/03/04
Committee: ENVI
Amendment 1101 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph d – 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 2030until the end of the transitional period referred to in Chapter X of Regulation (EU) …/… [CBAM Regulation] 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.;
2022/03/04
Committee: ENVI
Amendment 1119 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point iii a (new)
Directive 2003/87/EC
Article 10a – paragraph 2 –subparagraph 6
(iiia) the sixth subparagraph is deleted.
2022/03/04
Committee: ENVI
Amendment 1120 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Directive 2003/87/EC
Article 10a – paragraphs 3, 4, 5a and 6
(d) paragraphs 3, 4, 5a and 46 are deleted;
2022/03/04
Committee: ENVI
Amendment 1136 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
(e) in paragraph 6, the first subparagraph is replaced by the following: ‘Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors 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, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.;’deleted
2022/03/04
Committee: ENVI
Amendment 1160 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
3675 million allowances from the quantity which could otherwisethat were set to 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 seventy -five percent (75 %) of 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 low-carbzero-emission technologies and processes, and contributeing to zero pollution objectives (the ‘Innovation Fund’)and circularity objectives, prioritising technologies and processes addressing multiple environmental impacts (the ‘Innovation Fund’). The investments supported by the Fund shall comply with the ´do no significant harm ´principle and ´minimum safeguards´ referred to respectively in Articles 17 and 18 of Regulation (EU) 2020/852. 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 subparagraphcancelled.
2022/03/01
Committee: ENVI
Amendment 1185 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
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, prioritising solutions that have the greatest potential in terms of GHG emissions reduction, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, project and measures supporting circularity, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovativezero-emission technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbzero- emission fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support circularity measures, innovation in low carbzero-emission technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
2022/03/01
Committee: ENVI
Amendment 1199 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4
Projects in the territory of all Member States, including small-scale projects, shall be eligible. Technologies receiving support shall be innovative and not yet commercially viable at a similar scale without support but shall represent breakthrough solutions or be sufficiently mature for application at pre-commercial scale. The Innovation Fund shall also support the deployment of zero-emission technologies that may no longer be considered as innovative, but nevertheless hold a significant abatement potential necessary to reach the Union´s energy and climate targets for 2030.
2022/03/01
Committee: ENVI
Amendment 1210 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria, taking into account, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2in line with the Union 2030 climate target set out in Regulation (EU) 2021/1119. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy- based, resilient and competitive circular economy in the sectors concerned. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported. The Innovation Fund shall not support nuclear energy-related activities, activities related to the production, processing, transport, distribution, storage or combustion of fossil fuels, or any other projects that would directly or indirectly lead to a lock-in of assets incompatible with the objective of accelerating the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way while protecting, restoring and improving the state of the environment including by, inter alia, halting and reversing biodiversity loss.
2022/03/01
Committee: ENVI
Amendment 1215 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 7
At least fifty percent (50 %) of the Innovation Fund shall be allocated through competitive bidding in the form of Carbon Contracts for Differences. Support provided through competitive bidding for Carbon Contract for Difference shall aim at accelerating the transition towards zero-emission energy intensive industries, in particular those covered by the CBAM Regulation, and shall only be granted to projects implementing technologies that are fully compatible with the objective of limiting global warming to 1,5 C above pre- industrial levels and exclude the direct or indirect use of fossil fuels and nuclear energy. Awarded projects shall have significantly higher ongoing operating costs than the reference conventional technology for producing the same product, and shall respect the ´do not significant harm´ principle set out in Article 17 of Regulation (EU) 2020/852. Awarded projects shall receive a contribution from the Member State where the project is located at least equal to the amount of support provided by the Innovation Fund. Financial support shall be proportionate to the policy objectives set out in this Article and shall not lead to undue distortions of the EU’s internal market. To this end, funds shall only be granted to cover additional costs or investment risks not able to be borne by investors under normal market conditions. As such, aid shall not lead to unfair discrimination with regard to competing imported products, as required under WTO law. In case the EU ETS price is higher than the strike price at which the project has been awarded, the beneficiary shall pay back the difference to the Innovation Fund. 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. as laid down in this paragraph, taking into account the need to ensure a just transition for affected workers and communities.
2022/03/01
Committee: ENVI
Amendment 1225 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 10b – paragraph 4
4. Other sectors and subsectors are considered to be able to pa(12a) in Article 10b, paragraph 4 is replaced by the following: "Before the end of the transitional period as referred to in Chapter X of Regulation (EU) …/… [CBAM Regulation], interested parties may apply to the Commiss ion mfore of the costs of allowances in produc a qualitative assessment of all sectors and subsectors presumed at prices, and shall be allocated allowances fresk of carbon leakage under the tests laid down in this Article oif charge at 30 % of the quantity deterthey consider that such a qualitative assessment may conclude to a liminted pursuant to Article 10a. Unless otherwise decided irisk of carbon leakage or an important ability to pass through costs. These applications shall be supported by substantial evidence. In the review pursuant to Article 30, free allocations to other sectors and subsectors, except district heating, shall decrease by equal amounts after 2026 so as to reach a level of no free allocation in 2030. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)en that this assessment brings new evidence, the Commission shall amend the list of sectors and subsectors presumed at risk of carbon leakage to remove sectors and subsectors that, based on the most recent data, are no longer qualified to be on the carbon leakage list " Or. en
2022/03/01
Committee: ENVI
Amendment 1231 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Directive 2003/87/EC
Article 10c
(13) in Article 10c, paragraph 7 is replaced by the following: “Member States shall require benefiting electricity generating installations and network operators to report, by 28 February of each year, on the implementation of their selected investments, including the balance of free allocation and investment expenditure incurred and the types of investments supported. Member States shall report on this to the Commission, and the Commission shall make such reports public.” is deleted;
2022/03/01
Committee: ENVI
Amendment 1234 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 1
A fund to support investments proposed by the beneficiary Member States, including the financing of small-scale investment projects, to modernise energy systems and improve energy efficiency, in Member States with a GDP per capita at market prices below 60 % of the Union average in 2013, shall be established for the period from 2021 to 2030 (the ‘Modernisation Fund’). The Modernisation Fund shall be financed through the auctioning of allowances as set out in Article 10, for the beneficiary Member States set out therein. Support from the Modernisation Fund shall only be granted to Member States that have adopted legally binding targets and measures for the phase out of all fossil fuels in a timeframe consistent with the objective of limiting global warming to 1,5°C above pre-industrial levels, including the phase out of solid fossil fuels by 2030 at the latest and of fossil gas by 2040.
2022/03/01
Committee: ENVI
Amendment 1241 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the priority objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) andset out in Article 2 of Regulation (EU) …/… [8th Environmental Action Programme] and with 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 energy generation facilities that use fossil fuels or to nuclear-energy related activities.”;
2022/03/01
Committee: ENVI
Amendment 1258 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
2. At least 80 % ofll the financial resources from the Modernisation Fund shall be used to support investments in the following:
2022/03/01
Committee: ENVI
Amendment 1270 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
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;
2022/03/01
Committee: ENVI
Amendment 1274 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point e
(e) the support of low-income households, including in rural and remote areas, to address energy poverty and to modernise their heating systems, in particular by investing in deep or staged deep renovation of building and by replacing their heating systems by renewables-based ones, ensuring synergies and complementarity with the Social Climate Fund; and
2022/03/01
Committee: ENVI
Amendment 1279 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f
(f) a just transition in carbon- dependent regions in the beneficiary Member States in line with the Territorial Just Transition Plans and in compliance with the eligibility criteria for activities set out in Articles 8 and 9 of Regulation (EU) 2021/1056, so as to support the redeployment, re-skilling and up-skilling of workers, education, job-seeking initiatives and start-ups, in dialogue with thecivil society and social partners.;
2022/03/01
Committee: ENVI
Amendment 1290 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2003/87/EC
Article 10d – paragraph 5 – subparagraph 1
(ba) in paragraph 5, the first subparagraph is replaced by the following: "An investment committee for the Modernisation Fund is hereby established. The investment committee shall be composed of a representative from each beneficiary Member State, the Commission and the EIB, and three representatives elected by the other Member States for a period of five years. It shall be chaired by the representative of the Commission. One representative of each Member State that is not a member of the investment committee may attend meetings of the committee as an observer. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)Civil society organisations shall also be allowed to attend meetings of the committee as observers." Or. en
2022/03/01
Committee: ENVI
Amendment 1293 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b d (new)
Directive 2003/87/EC
Article 10d – paragraph 6 – subparagraph 2
(bd) in paragraph 6, the second subparagraph is deleted;
2022/03/01
Committee: ENVI
Amendment 1294 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b b (new)
Directive 2003/87/EC
Article 10d – paragraph 11
(bb) paragraph 11 is replaced by the following: "11. The investment committee shall report annually to the Commission, the Council and the Parliament on experience with the evaluation of investments. That report shall be made public. By 31 December 2024, taking into consideration the findings of the investment committee, the Commission shall review the areas for projects referred to in paragraph 2 and the basis on which the investment committee bases its recommendations."
2022/03/01
Committee: ENVI
Amendment 1295 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b c (new)
Directive 2003/87/EC
Article 10d – paragraph 12
(bc) paragraph 12 is replaced by the following: "12. 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 Article 22a(2). In 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 control system and shall seek recovery of amounts wrongly paid or incorrectly used.” Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
2022/03/01
Committee: ENVI
Amendment 1305 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b a (new)
Directive 2003/87/EC
Article 12 – paragraph 2a a (new)
(ba) the following paragraph is inserted: "2aa. As long as there are no Union measures in place to take into account and effectively reduce the non-carbon dioxide emissions impact on the climate from aircrafts carrying out an aviation activity listed in Annex I, for the purposes of paragraph 2a and by way of derogation from Article 3(a), the amount of fossil fuel carbon dioxide which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2."
2022/03/01
Committee: ENVI
Amendment 1325 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point d a (new)
Directive 2003/87/EC
Article 12 – paragraph 3 a
(da) paragraph 3a is replaced by the following: "3a. An obligation to surrender allowances shall not arise in respect of emissionsunavoidable industrial process emissions, where no direct emission reduction options are available, 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 ."
2022/03/01
Committee: ENVI
Amendment 1328 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases whichBy 31 December 2024, the Commission may assess the feasibility and risks for the environmental integrity of the Directive to exempt emissions that are considered to have been captured and fully utilised to become permanently chemically bound in along-lived products so that they do not enter the atmosphere under normal use, combustion or during the disposal phase of the products from the obligation to surrender allowances. This assessment shall be based on internationally recognised scientific evidence, after consultation of the European Scientific Advisory Board on Climate Change established by Article 3 of Regulation (EU) 2021/1119, and ensure net negative emissions taking into account the life- cycle emissions of the relevant technologies.
2022/03/01
Committee: ENVI
Amendment 1354 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e b (new) Directive 2003/87/EC
(eb) paragraph 4 is replaced by the following: "4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the person holding them. In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States shall cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). "
2022/03/01
Committee: ENVI
Amendment 1355 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Directive 2003/87/EC
Article 13
(15a) Article 13 is replaced by the following: Article 13 “Article 13 Validity of allowances Validity of allowances Allowances issued from 1 January 2013 onwards shall be valid indefinitelyuntil 2030. Allowances issued from 1 January 2021 onwards shall include an indication showing in which ten-year period beginning from 1 January 2021 they were issued, and be valid for emissions forom the first year of that period onwards."
2022/03/01
Committee: ENVI
Amendment 1359 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1
Those implementing acts shall apply the sustainability and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001 of the European Parliament and of the Council(*), with any necessary adjustments for application under this Directive, for this biomass to be zero- ratedinternationally recognized emission factors for solid biomass and biofuels for stationary combustion in the energy sector. They shall specify how to account for storage of emissions from a mix of zero-rated sources and sources that are not zero-ratedenergy sources. They shall also specify how to account for emissions from renewable fuels of non-biological origin and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided.”;
2022/03/01
Committee: ENVI
Amendment 1364 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Directive 2003/87/EC
Article 14 – paragraph 3 a (new)
(16b) in Article 14, the following paragraph is inserted: "3a. By ... [6 months after the entry into force], the Commission, in cooperation with EASA and EEA, shall establish a pilot Monitoring, Reporting and Verification (MRV) scheme with the objective to establish a solid MRV methodology adapted to the specificities of non-CO2 emissions and their climate impact and to develop a robust CO2 equivalence calculation for non-CO2 effects. Aircraft operators adhering to this schemes hall be exempted from the payment of the multiplier referred to in Article 12(2aa). The pilot MRV should ensure that at least the following data at cruising altitude is monitored, reported and verified: (a) fuel flow; (b) mass of aircraft; (c) ambient humidity; (d) latitude, longitude and altitude; (e) humidity and temperature; (f) emissions factors for CO2, H2O and NOx. All data collected through the pilot MRV shall be published annually, at least on an aggregated level per aircraft operator. Two years after the start of the MRV pilot project, the Commission shall present a report to the Parliament and the Council on the results of the MRV pilot project and specifying the amount of EU ETS allowances required to cover for the CO2 equivalent per flight calculated under its pilot MRV. The report shall be accompanied by a legislative proposal to amend the present Directive to introduce MRV requirements for non-CO2 aviation emissions as well as to expand the scope of the EU ETS to non-CO2 aviation emissions.
2022/03/01
Committee: ENVI
Amendment 1367 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 19 – paragraph 2
(19a) In Article 19, paragraph 2 is replaced by the following: "2. Any person may hold allowances. The registry shall be accessible to the public, in a user friendly manner on an online website allowing research on the amount of allowances hold by each person, and shall contain separate accounts to record the allowances held by each person at any time to whom and from whom allowances are issued or transferred. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
2022/03/01
Committee: ENVI
Amendment 1374 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 24 a (new)
(19b) Article 24a is deleted;
2022/03/01
Committee: ENVI
Amendment 1382 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 d (new)
Directive 2003/87/EC
Article 27 a – paragraph 1 – introductory part
(19d) In Article 27a, the introductory part is replaced by the following: "1. Member States may exclude from the EU ETS installations that have reported to the competent authority of the Member State concerned emissions of less than 2 500 tonnes of carbon dioxide equivalent, disregarding emissions from biomass, in each of the three years preceding the notification under point (a), provided that the Member State concerned: (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)” Or. en
2022/03/01
Committee: ENVI
Amendment 1398 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 e (new)
Directive 2003/87/EC
Article 30 – paragraph 1
(19e) In Article 30, paragraph 1 is replaced by the following: "1. This Directive shall be kept under review in the light of international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement.limit the temperature increase to 1,5°C above pre-industrial levels."
2022/03/01
Committee: ENVI
Amendment 1407 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
(21) The following Chapter IVa is inserted after Article 30: [...]deleted
2022/03/01
Committee: ENVI
Amendment 1540 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Decision (EU) 2015/1814
Article 1 – paragraph 4a
4a. As from [the year following the entry into force of this Directive], the calculation of the total number of allowances in circulation shall include the number of allowances issued in respect of aviation and maritime transport since the beginning of that year, and the number of allowances surrendered by aircraft operators and ship operators in respect of emissions for which allowances are the units which can be used in respect of EU ETS obligations. The allowances cancelled pursuant to Article 3ga of Directive 2003/87/EC shall be considered as issued for the purposes of the calculation of the total number of allowances in circulation.;deleted
2022/03/02
Committee: ENVI
Amendment 1543 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
In any given year, if the total number of allowances in circulation is between 833 million and 1 096 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 833 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 1 096 million allowancesabove 833 million, 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 1236 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled.
2022/03/02
Committee: ENVI
Amendment 1564 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023From 2023 allowances held in the reserve above 400 million allowances and allowances held in the reserve above 400 million allowancefor more than 3 years shall no longer be valid.
2022/03/02
Committee: ENVI
Amendment 1569 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
(ca) the following paragraph is inserted: "6a. The thresholds of 833 million and of 400 million referred to respectively in paragraphs 5 and 6 shall be annually and linearly reduced to reach zero in 2030.";
2022/03/02
Committee: ENVI
Amendment 1577 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a
(2) the following Article 1a is inserted: [...]deleted
2022/03/02
Committee: ENVI
Amendment 1587 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 (new)
Regulation (EU) 2015/757
Article 1
(-1) Article 1 is replaced by the following: “Article 1 Subject matter This Regulation lays down rules for the accurate monitoring, reporting and verification of carbon dioxide (CO2greenhouse gas (GHG) emissions and of other relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State, in order to promote the reduction of CO2 emissions from maritime transport in a cost effective manner. ."; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015R0757)
2022/03/02
Committee: ENVI
Amendment 1591 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
(-1a) in Article 2, paragraph 1 is replaced by the following: “1. This Regulation applies to ships above 5 0of 400 gross tonnage and above in respect of CO2GHG 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.”;
2022/03/02
Committee: ENVI
Amendment 1595 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 b (new)
Regulation (EU) 2015/757
Article 2 – paragraph 2
2. This Regulation does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships,(-1b) in Article 2, paragraph 2 is replaced by the following: “2. This Regulation does not apply to wooden ships of a primitive build, or ships not propelled by mechanical means, or government ships used for non-commercial purposes..”;
2022/03/02
Committee: ENVI
Amendment 1596 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 c (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point a
(-1c) in Article 3, point (a) is replaced by the following: “(a) ‘CO2GHG emissions’ means the release of CO2 into the atmosphere by shipscarbon dioxide (CO2), methane (CH4) and nitrous Oxides (N2O) into the atmosphere and the direct radiative forcing of black carbon (BC) emissions”;
2022/03/02
Committee: ENVI
Amendment 1598 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 d (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point b
(b) ‘port of call’ means-1d) in Article 3, point (b) is replaced by the following: “(b) ‘port of call’ means, in the case of cargo and passenger vessels, the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded; in the case of other types of ships not carrying cargo or passengers, ‘port of call’ means the port where a ship stops to embark and disembark the crew;";
2022/03/02
Committee: ENVI
Amendment 1601 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 e (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point c
(-1e) 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 structures situated on the continental shelf of that Member States and that serves the purpose of transporting passengers or cargo, for commercial purposes; performing service activities such as services for offshore installations, dredging and tug assistance;"; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015R0757)
2022/03/02
Committee: ENVI
Amendment 1606 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
(3a) In Article 5, the following paragraph is added: “2a. By 1 July 2023, the Commission shall adopt delegated acts in accordance with Article 23 in order to supplement this Regulation by specifying the methods for determining and reporting other greenhouse gas emissions than CO2.”;
2022/03/02
Committee: ENVI
Amendment 1636 #
Proposal for a directive
Article 3 a (new)
Directive 2010/75/EU
Article 9
Article 9 Emission of greenhouse gases 1. Where e3a Amendments to Directive 2010/75/EU In Directive 2010/75/EU, Article 9 is replaced by the following: “Article 9 Emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/87/EC in relation to an activity carried out in that installation, the permit shall not include an emission limit value for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused. 2. For activities listed in Annex I to Directive 2003/87/EC, Member States may chooses 1. As of 1 January 2030, any combustion of fuels in installations listed in Annex I shall not result in greenhouse gas emissions exceeding 250gCO2e/kWh. This threshold shall be set at 100gCO2eq/kWh as of 1 January 2035, and at 0gCO2e/kWh at the latest by 2040. 2. The noet to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site. 3. authorities shall amend the permit as appropriate. 4. to installations which are temporarily excluded from the scheme for greenhouse gas emission allowance trading within the Union in accordance with Article 27 of Directive 2003/87/EC. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)electrical efficiencies of any combustion plant firing coal or lignite (alone of with other fuels) shall be at least 46% by 1st January 2027.” Where necessary, the competent Paragraphs 1 to 3 shall not apply Or. en
2022/03/02
Committee: ENVI
Amendment 1641 #
Proposal for a directive
Annex I – paragraph 1 – point a
Directive 2003/87/EC
Annex I – point 1
1. Installations or parts of installations used for research, development and testing of new products and processes, and installations where emissions from the combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute to more than 95 % of the total greenhouse gas emissions are not covered by this Directive.
2022/03/02
Committee: ENVI
Amendment 1669 #
Proposal for a directive
Annex I – point 1
Directive 2003/87/EC
Annex II b – Part B
Part B - DISTRIBUTION OF FUNDS FROM THE MODERNISATION FUND CORRESPONDING TO ARTICLE 10(1), FOURTH SUBPARAGRAPH [...]deleted
2022/03/02
Committee: ENVI
Amendment 1673 #
Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex III
ANNEX III ACTIVITY COVERED BY CHAPTER IVa [...]deleted
2022/03/02
Committee: ENVI
Amendment 1688 #
Proposal for a directive
Annex I – point 3 – point a – point i
Directive 2003/87/EC
Annex IV – Part A – Calculation – subparagraph 4
The emission factor for solid biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14, shall be zero. and biofuels shall be as recognised by the IPCC for stationary combustion in the energy industries1a. __________________ 1a Intergovernmental Panel on Climate Change (2006), Guidelines for National Greenhouse Gas Inventories, Vol. 2 (Energy), Table 2.2, “Solid biofuels”, pp. 2.16–2.17.
2022/03/02
Committee: ENVI
Amendment 1692 #
Proposal for a directive
Annex I – point 3 – point b
Directive 2003/87/EC
Annex IV – Part B – Monitoring – subparagraph 4
The emission factor for solid biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14, shall be zero. and biofuels shall be as recognised by the IPCC for stationary combustion in the energy industries1a. __________________ 1a Intergovernmental Panel on Climate Change (2006), Guidelines for National Greenhouse Gas Inventories, Vol. 2 (Energy), Table 2.2, “Solid biofuels”, pp. 2.16–2.17.
2022/03/02
Committee: ENVI
Amendment 1697 #
Proposal for a directive
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – Part C
(c) the following Part C is added: [...]deleted
2022/03/02
Committee: ENVI
Amendment 1704 #
Proposal for a directive
Annex I – point 4
Directive 2003/87/EC
Annex V – Part C
(4) in Annex V to Directive 2003/87/EC, the following Part C is added: [...]deleted
2022/03/02
Committee: ENVI