138 Amendments of Agnès EVREN related to 2021/0214(COD)
Amendment 90 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Special Report of the Intergovernmental Panel on Climate Change (IPCC) on the impacts of global temperature increases of 1.5°C above pre- industrial levels and related global GHG emission pathways36 provides a strong scientific basis for tackling climate change and illustrates the need to step up climate action. That report confirms that in order to reduce the likelihood of extreme weather events, GHG emissions need to be urgently reduced, and that climate change needs to be limited to a global temperature increase of 1.5°C. Only through multilateral efforts will it be possible to achieve the objectives set in the Paris Agreement. _________________ 36 IPCC, 2018: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre- industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson-Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma- Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor and T. Waterfield (eds)].
Amendment 94 #
(7a) The Union has a responsibility to continue to play a leading role in global climate action, in cooperation with all of the world’s other economies.
Amendment 105 #
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition, while preserving the economic and industrial competitiveness of the Union and ensuring a level playing field within the single market, as laid down by Article 3(3) of the Treaty on European Union.
Amendment 116 #
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissionsThese measures have contributed to reducing the risk of carbon leakage but additional efforts are required to decarbonise the sectors concerned.
Amendment 122 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to strengthen carbon leakage protection in view of higher EU climate ambitions by 2030 and thereafter progressively replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out and by ensuring that EU products exported in the global market are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. To ensure a gradual transition from the current system of free allowances to the CBAM, the free allowances should only be phased out once the CBAM regulation has proved its effectiveness in terms of protecting against the risk of carbon leakage. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 138 #
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. It will therefore be relevant to export more sustainable products manufactured in the EU and avoid substitutes at a global level with higher carbon footprints.
Amendment 140 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Special Report of the Intergovernmental Panel on Climate Change (IPCC) on the impacts of global temperature increases of 1.5°C above pre- industrial levels and related global GHG emission pathways36 provides a strong scientific basis for tackling climate change and illustrates the need to step up climate action. That report confirms that in order to reduce the likelihood of extreme weather events, GHG emissions need to be urgently reduced, and that climate change needs to be limited to a global temperature increase of 1.5°C. Only through multilateral efforts will it be possible to achieve the objectives set in the Paris Agreement. __________________ 36 IPCGIEC, 2018: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre- industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [V. Masson-Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma- Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor andet T. Waterfield (eds)].
Amendment 142 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Preventing the risk of carbon leakage goes hand in hand with preserving EU economic and industrial competitiveness. The EU must work to ensure that European industry can rely on a level playing field internationally, enabling it to be competitive on the single market and to export to international markets. It is therefore essential for the CBAM to also seek to reduce the possibility of European low-carbon exports being replaced by carbon- intensive items on third country markets or by goods that are not subject to equivalent climate policy and carbon costs, which undermines the goal of lowering global emissions.
Amendment 143 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The European Union has a responsibility to continue to play a leading role in global climate action, in cooperation with all of the world’s other economies.
Amendment 146 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) This Regulation does not apply to goods exported from the EU and therefore does not address carbon leakage associated with exports. Consequently, the Commission should carry out an analysis of the mechanism’s impact on export markets and, if the assessment of the effectiveness of the CBAM in tackling carbon leakage on the EU market is positive, the Commission shall present a report to the European Parliament and Council accompanied by a legislative proposal to address the carbon leakage risk on export markets.
Amendment 154 #
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition, while preserving the economic and industrial competitiveness of the Union and ensuring a level playing field within the single market, as laid down by Article 3(3) of the Treaty on European Union.
Amendment 163 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS in the event of future agreements, and where the carbon cost burden is equivalent to that under the EU ETS, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union.
Amendment 172 #
Proposal for a regulation
Recital 20
Recital 20
(20) The CBAM system has some specific features compared with the EU ETS, including on the calculation of the price of CBAM certificates, on the possibilities to trade certificates and on their validity over time. These are due to the need to preserve the effectiveness of the CBAM as a measure preventing carbon leakage over time and to ensure that the management of the system idoes not excessively burdensomeimpose additional excessive administrative burdens on EU companies, particularly SMEs and micro-enterprises, in terms of obligations imposed on the operators and of resources for the administration, while at the same time preserving an equivalent level of flexibility available to operators under the EU ETS.
Amendment 177 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely the EU ETS price. While on the EU ETS market the price of allowances is determined through auctions, the price of CBAM certificates should reasonably reflect the price of such auctions through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authorities. The system should be carefully supervised by the European central CBAM authority and the national competent authorities to prevent, identify and punish all types of fraud.
Amendment 182 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to encourage cooperation between Member States’ national authorities and to ensure consistent application, it is necessary to establish a European central CBAM authority responsible for implementing and supervising the application of this Regulation.
Amendment 182 #
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissionsThese measures have contributed to reducing the risk of carbon leakage but additional efforts are required to decarbonise the sectors concerned.
Amendment 183 #
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member Statthe competent authorities should apply penalties to infringements of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC. However, in the event of circumvention practices or repeated infringements of the provisions of the present Regulation, stronger penalties should apply to avoid undermining the effectiveness of the CBAM.
Amendment 190 #
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842. In parallel to the entry into force of the CBAM, the Commission should launch an impact analysis to determine to which further sectors and/or products, in addition to those listed in Annex I, the scope of this Regulation should be extended, at the end of the transitional period. _________________ 42 Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 195 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 200 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replacestrengthen carbon leakage protection in view of higher EU climate ambitions by 2030 and replace progressively these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products and by ensuring that EU products exported in the global market are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowancfree allowances should only be phased out once the CBAM regulation has proved its effectiveness in sectors covered by the CBAM are phased outterms of protecting against the risk of carbon leakage. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 218 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to prevent distortion of competition in the EU and in global markets and possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 to ensure equal CO2 costs for imported products and EU products. _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 222 #
Proposal for a regulation
Recital 53
Recital 53
(53) In light of the above, a dialogue with third countries should continue and there should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional period. In this connection, the Commission should work to create an international working group, with, in particular, the WTO and the OECD, to determine the guiding principles on methods of calculating embedded emissions and international rules on carbon pricing mechanisms.
Amendment 224 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism. In order for the CBAM to be fully integrated into EU climate policies, the EU must not penalise third countries that have climate policies equivalent to those of the EU.
Amendment 231 #
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the Union should support less developed countries with the necessary technical assistance in order to facilitate their adaptation to the new obligations established by this regulation. The Commission should pay particular attention to developing countries and less developed countries and provide them, where applicable, with the necessary strategic documents and technical assistance in order to facilitate their adaptation to the new obligations established by this regulation, and help them to strengthen their environmental technologies and standards, in order to avoid the risk of circumventing the CBAM.
Amendment 236 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) The revenues generated by CBAM will go to the EU budget. These revenues should help to support a fair transition by European industry to a carbon-neutral economy, in the sectors concerned, and to promote research and innovation.
Amendment 240 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. Before this Regulation enters into force, the Commission should present proposals to offset the regulatory burdens brought in by this Regulation.
Amendment 241 #
Proposal for a regulation
Recital 59
Recital 59
(59) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert levelthe level of the relevant experts and industrial sectors, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making of 13 April 201651. 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. _________________ 51 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 242 #
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. It will therefore be relevant to export more sustainable products manufactured in the EU and avoid substitutes at a global level with higher carbon footprints.
Amendment 245 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage and to encourage the reduction of GHG emissions globally.
Amendment 248 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Preventing the risk of carbon leakage goes hand in hand with preserving EU economic and industrial competitiveness. The EU must work to ensure that European industry can rely on a level playing field internationally, enabling it to be competitive on the single market and to export to international markets. It is therefore essential for the CBAM to also seek to reduce the possibility of European low-carbon exports being replaced by carbon- intensive items on third country markets or by goods that are not subject to equivalent climate policy and carbon costs, which undermines the goal of lowering global emissions.
Amendment 254 #
Proposal for a regulation
Article premier – paragraph 3
Article premier – paragraph 3
3. The mechanism will progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive. The free allowances in the sectors covered by the CBAM should only be phased out once the CBAM regulation has proved its effectiveness in terms of protecting against the risk of carbon leakage, for both imports and exports.
Amendment 257 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) This Regulation does not apply to goods exported from the EU and therefore does not address carbon leakage associated with exports. Consequently, the Commission should carry out an analysis of the mechanism’s impact on export markets and, if the assessment of the effectiveness of the CBAM in tackling carbon leakage on the EU market is positive, the Commission shall present a report to the European Parliament and Council accompanied by a legislative proposal to address the carbon leakage risk on export markets.
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 7 – point a
Article 2 – paragraph 7 – point a
(a) the third country or territory has concluded an agreement with the Union, setting out an obligation to apply the Union law in the field of electricity, including the legislation on the development of renewable energy sources, as well as other rules in the field of energy, environment, climate and competition;
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9. However, these agreements may not lead to improper preferential treatment of imports from third countries with regard to the CBAM certificates to be surrendered.
Amendment 270 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘competent national authority’ means the authority, designated by each Member State in accordance with Article 11 of this Regulation;
Amendment 271 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
(11a) ‘European central CBAM authority’ means the authority responsible for implementing and supervising the application of this Regulation in accordance with Article 11 of this Regulation;
Amendment 292 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS in the event of future agreements, and where the carbon cost burden is equivalent to that under the EU ETS, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union.
Amendment 295 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementdelegated acts, ing actscordance with Article 28, concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 300 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Such implementing acts should be equivalent to the provisions set in Regulation 2018/2067.
Amendment 305 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission is empowered to adopt implementdelegated acts, ing actscordance with Article 28, establishing the methodology for calculating the reduction in the number of CBAM certificates to be surrendered, regarding the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate in accordance with paragraph 1, and regarding the qualifications of the independent person certifying the information as well as elements of proof of the carbon price paid and the absence of export rebates or other forms of compensation on exportation being applied as referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 306 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by a register the information on operators of an installations located in a third country, register the information on that operator and on itsies and on their installations in a central database referred to in Article 14(4).
Amendment 313 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 323 #
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. The European central CBAM authority shall be responsible for supervising the proper application of the obligations laid down by this Regulation. It shall report to the Commission. An implementing regulation shall be issued setting out its composition and mandate. Each Member State shall designate the national competent authority toresponsible for cooperating with the European central CBAM authority and carrying out the obligations under this Regulation and shall inform the CommissionEuropean central CBAM authority thereof.
Amendment 325 #
Proposal for a regulation
Recital 20
Recital 20
(20) The CBAM system has some specific features compared with the EU ETS, including on the calculation of the price of CBAM certificates, on the possibilities to trade certificates and on their validity over time. These are due to the need to preserve the effectiveness of the CBAM as a measure preventing carbon leakage over time and to ensure that the management of the system idoes not excessively burdensomeimpose additional excessive administrative burdens on EU companies, particularly SMEs and micro-enterprises, in terms of obligations imposed on the operators and of resources for the administration, while at the same time preserving an equivalent level of flexibility available to operators under the EU ETS.
Amendment 326 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely the EU ETS price. While on the EU ETS market the price of allowances is determined through auctions, the price of CBAM certificates should reasonably reflect the price of such auctions through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authorities. The system should be carefully supervised by the European central CBAM authority and the national competent authorities to prevent, identify and punish all types of fraud.
Amendment 329 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall require that national competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties through a network established under the responsibility of the European central CBAM authority.
Amendment 337 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall assist the competentEuropean central CBAM authority and the competent national authorities in carrying out their obligations under this Regulation and coordinate their activities. In this connection, the Commission shall produce a guide and instructional documentation to assist the national competent authorities. Where applicable, the Commission shall update those documents.
Amendment 340 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
All information acquired by the central or national competent authorityies in the course of performing itstheir dutyies which is by its nature confidential or which is provided on a confidential basis shall be covered by an obligation of professional secrecy. Such information shall not be disclosed by the competent authority without the express permission of the person or authority that provided it. It may be shared with customs authorities, the Commission and the European Public Prosecutors Office and shall be treated in accordance with Council Regulation (EC) No 515/97.
Amendment 342 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) In order to encourage cooperation between Member States’ national authorities and to ensure consistent application, it is necessary to establish a European central CBAM authority responsible for implementing and supervising the application of this Regulation.
Amendment 346 #
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member Statthe competent authorities should apply penalties to infringements of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC. However, in the event of circumvention practices or repeated infringements of the provisions of the present Regulation, stronger penalties should apply to avoid undermining the effectiveness of the CBAM.
Amendment 357 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The CommissionEuropean central CBAM authority shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public but reasons must be duly given for this and the national competent authorities shall have this information.
Amendment 357 #
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/708. In parallel to the entry into force of the CBAM, the Commission should launch an impact analysis to determine to which further sectors and/or products, in addition to those listed in Annex I, the scope of this Regulation should be extended, at the end of the transitional period. __________________ Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 360 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The CommissionEuropean central CBAM authority shall act as central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re- purchase and cancellation and ensure coordination of national registries.
Amendment 361 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The central administrator shall carry out risk-based controls on transactions recorded in national registries through an independent transaction log to ensure that there are no irregularities in the calculation, purchase, holding, surrender, re-purchase and cancellation of CBAM certificates.
Amendment 362 #
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort. Special attention should also be paid to the risk of market distortion between the different sectors covered by the CBAM and to the risk of an excessive administrative burden for European enterprises, particularly SMEs and micro-enterprises.
Amendment 368 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The national competent authority shall assign to each authorised declarant a unique CBAM account number registered by the European central CBAM authority.
Amendment 376 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. The national competent authority shall authorise a declarant who submits an application for authorisation in accordance with Article 5(1), if the following conditions are fulfilled:
Amendment 379 #
Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
Article 17 – paragraph 1 – point a a (new)
(aa) the declarant has not been involved in a serious or repeated infringement of this Regulation which has led to the revocation of its authorisation by the national competent authority of another Member State;
Amendment 383 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the national competent authority finds that the conditions listed in paragraph 1 are not fulfilled, or where the applicant has failed to provide the information listed in Article 5(3), the authorisation of the declarant shall be refused.
Amendment 386 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. If the national competent authority refuses to authorise a declarant, the declarant requesting the authorisation may, prior to an appeal, object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.
Amendment 389 #
4. A decision of the national competent authority authorising a declarant shall contain the following information
Amendment 392 #
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. The national competent authority shall require the provision of a guarantee in order to authorise a declarant in accordance with paragraph 1, if the declarant was not established throughout the two financial years that precede the year when the application in accordance with Article 5(1) was submitted.
Amendment 395 #
Proposal for a regulation
Article 17 – paragraph 6 – subparagraph 1
Article 17 – paragraph 6 – subparagraph 1
The national competent authority shall fix the amount of such guarantee at the maximum amount, as estimated by the competent authority, of the value of the CBAM certificates that the authorised declarant have to surrender, in accordance with Article 22.
Amendment 398 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The guarantee shall be provided as a bank guarantee, payable at first demand, by a financial institution operating in the Union or by another form of guarantee which provides equivalent assurance. Where the national competent authority establishes that the guarantee provided does not ensure, or is no longer certain or sufficient to ensure the amount of CBAM obligations, it shall require the authorised declarant either to provide an additional guarantee or to replace the initial guarantee with a new guarantee, according to its choice.
Amendment 401 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. The national competent authority shall release the guarantee immediately after 31 May of the second year in which the authorised declarant has surrendered CBAM certificates in accordance with Article 22.
Amendment 404 #
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. The national competent authority shall revoke the authorisation for a declarant who no longer meets the conditions laid down in paragraph 1, or who fails to cooperate with that authority. The national competent authority shall immediately inform the European central CBAM authority of this fact.
Amendment 409 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The European central CBAM authority and the national competent authorityies may review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
Amendment 418 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 454 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. If the national competent authority determines that an authorised declarant has failed to comply with the obligation to surrender CBAM certificates as specified in paragraph 1, or that a person has introduced goods into the customs territory of the Union as specified in paragraph 2, the competent authority shall impose the penalty and notify the authorised declarant or, in the situation under paragraph 2, the person:
Amendment 459 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. In the event of repeated failure by an authorised declarant to meet the obligations of this Regulation, the national competent authorities in the Member States concerned shall withdraw the declarant’s import authorisation and shall inform the European central CBAM authority of this fact.
Amendment 460 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States may apply administrative or criminalThe national competent authorities may apply sanctions for failure to comply with the CBAM legislation in accordance with their national rules in addition to penalties referred to in paragraph 2. Such sanctions shall be effective, proportionate and dissuasive.
Amendment 462 #
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. The European central CBAM authority shall provide the national competent authorities with guidelines aimed at fostering an effective, proportionate and dissuasive harmonised system of sanctions.
Amendment 466 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation.include, but are not limited to:
Amendment 469 #
Proposal for a regulation
Article 27 – paragraph 2 – point a (new)
Article 27 – paragraph 2 – point a (new)
(a) situations that consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation;
Amendment 469 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to prevent any distortion of competition in the EU and in global markets and possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 to ensure equal CO2 costs for imported products and EU products. __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 470 #
Proposal for a regulation
Article 27 – paragraph 2 – point b (new)
Article 27 – paragraph 2 – point b (new)
(b) situations that consist in replacing those goods with goods with a lower carbon content than that of the products normally produced in the exporting country, with the sole aim of export to the European Union;
Amendment 471 #
Proposal for a regulation
Article 27 – paragraph 2 – point c (new)
Article 27 – paragraph 2 – point c (new)
(c) situations that consist in sending those goods to a country or region referred to in Article 2(3) of this Regulation or to any other intermediate country or region prior to their importation to the EU market, with the aim of avoiding or reducing the obligations of this Regulation.
Amendment 474 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Where the Commission identifies cases of circumvention as described in paragraph 2 of this article, it shall notify the national competent authorities with the aim of adopting, where appropriate, the penalties provided for in Article 26 of this Regulation.
Amendment 478 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraph 2 mayshall notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year, with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex Ione of the situations described in paragraph 2. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level.
Amendment 493 #
Proposal for a regulation
Recital 53
Recital 53
(53) In light of the above, a dialogue with third countries should continue and there should be space for cooperation and solutions that could inform the specific choices that will be made on the details of the design of the measure during the implementation, in particular during the transitional period. In this connection, the Commission should work to create an international working group, with, in particular, the WTO and the OECD, to determine the guiding principles on methods of calculating embedded emissions and international rules on carbon pricing mechanisms.
Amendment 496 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(10), 2(11), 7(6), 9(4), 18(3) and 27(5) shall be conferred on the Commission for an indeterminate period of time.
Amendment 498 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The delegation of power referred to in Articles 2(10), 2(11), 7(6), 9(4), 18(3) and 27(5) may be revoked at any time by the European Parliament or by the Council.
Amendment 498 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism. In order for the CBAM to be fully integrated into EU climate policies, the EU must not penalise third countries that have climate policies equivalent to those of the EU.
Amendment 500 #
Proposal for a regulation
Article 28 – paragraph 7
Article 28 – paragraph 7
7. A delegated act adopted pursuant to Articles 2(10), 2(11), 7(6), 9(4), Article 18(3) and Article 27(5) shall enter into force only if no objection has been expressed either by the European Parliament or byto the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 509 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and an impact analysis to determine to which sectors and/or products, in addition to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance systemose listed in Annex I, the scope of this Regulation should be extended, as well as an assessment of the governance system. This impact analysis must also determine the extent to which the scope of embedded emissions must be extended to indirect emissions. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. Where appropriate, the report shall be accompanied by a legislative proposal.
Amendment 512 #
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the Union should support less developed countries with the necessary technical assistance in order to facilitate their adaptation to the new obligations established by this regulationThe Commission should pay particular attention to developing countries and less developed countries and provide them, where applicable, with the necessary strategic documents and technical assistance in order to facilitate their adaptation to the new obligations established by this regulation, and help them to strengthen their environmental technologies and standards, in order to avoid the risk of circumventing the CBAM.
Amendment 518 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) The revenues generated by CBAM will go to the EU budget. These revenues should help to support a fair transition by European industry to a carbon-neutral economy, in the sectors concerned, and to promote research and innovation.
Amendment 523 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Commission, in cooperation with the competent authorities, shall regularly submit to the European Parliament and the Council a report on the implementation of this Regulation. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal.
Amendment 524 #
Proposal for a regulation
Recital 58 a (new)
Recital 58 a (new)
(58a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. Before this Regulation enters into force, the Commission should present proposals to offset the regulatory burdens brought in by this Regulation.
Amendment 525 #
Proposal for a regulation
Recital 59
Recital 59
(59) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert levelthe level of the relevant experts and industrial sectors, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201651 . 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. __________________ 51Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
Amendment 537 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage in the Union and to encourage the reduction of GHG emissions globally.
Amendment 546 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Commission is empowered to adopt implementingdelegated acts concerning the information to be reported, the procedures for communicating the information referred to in paragraph 3 and the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate. The Commission is also empowered to adopt implementingdelegated acts to further define the necessary elements of the calculation method set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and their respective application to individual goods as well as laying down methods to ensure the reliability of data, including the level of detail and the verification of this data. The Commission is further empowered to adopt implementingdelegated acts to develop a calculation method for indirect emissions embedded in imported goods.
Amendment 556 #
Proposal for a regulation
Article premier – paragraph 3
Article premier – paragraph 3
3. The mechanism will progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive. The free allowances in the sectors covered by the CBAM should only be phased out once the CBAM Regulation has proved its effectiveness in terms of protecting against the risk of carbon leakage, for both imports and exports.
Amendment 602 #
Proposal for a regulation
Article 2 – paragraph 7 – point a
Article 2 – paragraph 7 – point a
(a) the third country or territory has concluded an agreement with the Union, setting out an obligation to apply the Union law in the field of electricity, including the legislation on the development of renewable energy sources, as well as other rules in the field of energy, environment, climate and competition;
Amendment 631 #
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9. However, these agreements may not lead to improper preferential treatment of imports from third countries with regard to the CBAM certificates to be surrendered.
Amendment 645 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘national competent national authority’ means the authority, designated by each Member State in accordance with Article 11 of this Regulation;
Amendment 647 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11 a (new)
Article 3 – paragraph 1 – point 11 a (new)
(11a) ‘European central CBAM authority’ means the authority responsible for implementing and supervising the application of this Regulation in accordance with Article 11 of this Regulation;
Amendment 718 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementdelegated acts, ing actscordance with Article 28, concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 738 #
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Such implementing acts should be equivalent to the provisions set out in Regulation 2018/2067.
Amendment 763 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission is empowered to adopt implementdelegated acts, ing actscordance with Article 28, establishing the methodology for calculating the reduction in the number of CBAM certificates to be surrendered, regarding the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate in accordance with paragraph 1, and regarding the qualifications of the independent person certifying the information as well as elements of proof of the carbon price paid and the absence of export rebates or other forms of compensation on exportation being applied as referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 770 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by a register the information on operators of an installations located in a third country, register the information on that operator and on itsies and on their installations in a central database referred to in Article 14(4).
Amendment 778 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 802 #
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
1. The European central CBAM authority shall be responsible for supervising the proper application of the obligations laid down by this Regulation. It shall report to the Commission. An implementing regulation shall be issued setting out its composition and mandate. Each Member State shall designate the national competent authority toresponsible for cooperating with the European central CBAM authority and carrying out the obligations under this Regulation and shall inform the CommissionEuropean central CBAM authority thereof.
Amendment 812 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall require that national competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties through a network established under the responsibility of the European central CBAM authority.
Amendment 820 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall assist the competentEuropean central CBAM authority and the competent national authorities in carrying out their obligations under this Regulation and coordinate their activities. In this connection, the Commission shall produce a guide and instructional documentation to assist the national competent authorities. Where applicable, the Commission shall update those documents.
Amendment 823 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
All information acquired by the central or national competent authorityies in the course of performing itstheir dutyies which is by its nature confidential or which is provided on a confidential basis shall be covered by an obligation of professional secrecy. Such information shall not be disclosed by the competent authority without the express permission of the person or authority that provided it. It may be shared with customs authorities, the Commission and the European Public Prosecutors Office and shall be treated in accordance with Council Regulation (EC) No 515/97.
Amendment 841 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The CommissionEuropean central CBAM authority shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public but reasons must be duly given for this and the national competent authorities shall have this information.
Amendment 848 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The CommissionEuropean central CBAM authority shall act as central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re- purchase and cancellation and ensure coordination of national registries.
Amendment 850 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The central administrator shall carry out risk-based controls on transactions recorded in national registries through an independent transaction log to ensure that there are no irregularities in the calculation, purchase, holding, surrender, re-purchase and cancellation of CBAM certificates.
Amendment 858 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The national competent authority shall assign to each authorised declarant a unique CBAM account number registered by the European central CBAM authority.
Amendment 862 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. The national competent authority shall authorise a declarant who submits an application for authorisation in accordance with Article 5(1), if the following conditions are fulfilled:
Amendment 870 #
Proposal for a regulation
Article 17 – paragraph 1 – point a a (new)
Article 17 – paragraph 1 – point a a (new)
(aa) the declarant has not been involved in a serious or repeated infringement of this Regulation which has led to the revocation of its authorisation by the national competent authority of another Member State;
Amendment 880 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the competent national authority finds that the conditions listed in paragraph 1 are not fulfilled, or where the applicant has failed to provide the information listed in Article 5(3), the authorisation of the declarant shall be refused.
Amendment 883 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. If the competent national authority refuses to authorise a declarant, the declarant requesting the authorisation may, prior to an appeal, object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.
Amendment 885 #
Proposal for a regulation
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. A decision of the competent national authority authorising a declarant shall contain the following information:
Amendment 889 #
Proposal for a regulation
Article 17 – paragraph 6 – subparagraph 1
Article 17 – paragraph 6 – subparagraph 1
The competent national authority shall require the provision of a guarantee in order to authorise a declarant in accordance with paragraph 1, if the declarant was not established throughout the two financial years that precede the year when the application in accordance with Article 5(1) was submitted.
Amendment 891 #
Proposal for a regulation
Article 17 – paragraph 6 – subparagraph 2
Article 17 – paragraph 6 – subparagraph 2
The competent national authority shall fix the amount of such guarantee at the maximum amount, as estimated by the competent authority, of the value of the CBAM certificates that the authorised declarant have to surrender, in accordance with Article 22.
Amendment 893 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The guarantee shall be provided as a bank guarantee, payable at first demand, by a financial institution operating in the Union or by another form of guarantee which provides equivalent assurance. Where the competent national authority establishes that the guarantee provided does not ensure, or is no longer certain or sufficient to ensure the amount of CBAM obligations, it shall require the authorised declarant either to provide an additional guarantee or to replace the initial guarantee with a new guarantee, according to its choice.
Amendment 895 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. The competent national authority shall release the guarantee immediately after 31 May of the second year in which the authorised declarant has surrendered CBAM certificates in accordance with Article 22.
Amendment 898 #
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. The competent national authority shall revoke the authorisation for a declarant who no longer meets the conditions laid down in paragraph 1, or who fails to cooperate with that authority. The national competent authority shall immediately inform the European central CBAM authority of this fact.
Amendment 915 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The competentEuropean central CBAM authority and the national authorityies may review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
Amendment 931 #
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 974 #
Proposal for a regulation
Article 26 – paragraph 4 – introductory part
Article 26 – paragraph 4 – introductory part
4. If the competent national authority determines that an authorised declarant has failed to comply with the obligation to surrender CBAM certificates as specified in paragraph 1, or that a person has introduced goods into the customs territory of the Union as specified in paragraph 2, the competent authority shall impose the penalty and notify the authorised declarant or, in the situation under paragraph 2, the person:
Amendment 979 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. In the event of repeated failure by an authorised declarant to meet the obligations of this Regulation, the national competent authorities in the Member States concerned shall withdraw the declarant’s import authorisation and shall inform the European central CBAM authority of this fact.
Amendment 981 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States may apply administrative or criminalThe national competent authorities may apply sanctions for failure to comply with the CBAM legislation in accordance with their national rules in addition to penalties referred to in paragraph 2. Such sanctions shall be effective, proportionate and dissuasive.
Amendment 985 #
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. The European central CBAM authority shall provide the national competent authorities with guidelines aimed at fostering an effective, proportionate and dissuasive harmonised system of sanctions.
Amendment 991 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation.include, but are not limited to:
Amendment 1002 #
Proposal for a regulation
Article 27 – paragraph 2 – point a (new)
Article 27 – paragraph 2 – point a (new)
(a) situations that consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation;
Amendment 1006 #
Proposal for a regulation
Article 27 – paragraph 2 – point b (new)
Article 27 – paragraph 2 – point b (new)
(b) situations that consist in replacing these goods with goods with a lower carbon content than that of the products normally produced in the exporting country, with the sole aim of export to the European Union;
Amendment 1008 #
Proposal for a regulation
Article 27 – paragraph 2 – point c (new)
Article 27 – paragraph 2 – point c (new)
(c) situations that consist in sending these goods to a country or region referred to in Article 2(3) of this Regulation or to any other intermediate country or region prior to their importation to the EU market, with the aim of avoiding or reducing the obligations of this Regulation.
Amendment 1018 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Where the Commission identifies cases of circumvention as described in paragraph 2 of this Article, it shall notify the national competent authorities with the aim of adopting, where appropriate, the penalties provided for in Article 26 of this Regulation.
Amendment 1032 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraph 2 may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex Ione of the situations described in paragraph 2. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level.
Amendment 1090 #
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(10), 2(11), 7(6), 9(4), 18(3) and 27(5) shall be conferred on the Commission for an indeterminate period of time.
Amendment 1096 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The delegation of power referred to in Articles 2(10), 2(11), 7(6), 9(4) 18(3) and 27(5) may be revoked at any time by the European Parliament or by the Council.
Amendment 1101 #
Proposal for a regulation
Article 28 – paragraph 7
Article 28 – paragraph 7
7. A delegated act adopted pursuant to Articles 2(10), 2(112), 4(7), 6(9), 7(6) and 9(4), 18(3) and 27(5) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 1130 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the possibilities to fur an impact analysis to determine to which sectors and/or products, in addition to those listed in Annex I, the scope of this Regulation should be extended, as well as an assessment of the governance system. This impact analysis should also ascertain ther extendt to which the scope of embedded emissions toshould be extended to cover indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. Where appropriate, the report shall be accompanied by a legislative proposal.
Amendment 1162 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Commission, in cooperation with the competent authorities, shall regularly submit to the European Parliament and the Council a report on the implementation of this Regulation. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal.
Amendment 1230 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Commission is empowered to adopt implementingdelegated acts concerning the information to be reported, the procedures for communicating the information referred to in paragraph 3 and the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate. The Commission is also empowered to adopt implementingdelegated acts to further define the necessary elements of the calculation method set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and their respective application to individual goods as well as laying down methods to ensure the reliability of data, including the level of detail and the verification of this data. The Commission is further empowered to adopt implementing acts to develop a calculation method for indirect emissions embedded in imported goods.