22 Amendments of Beata SZYDŁO related to 2021/0211(COD)
Amendment 25 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12) thereof,
Amendment 79 #
Proposal for a directive
Recital 30
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 CBAM. 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 allocatcomplements free allocation and is intended to protect against the increased risk of carbon leakage stemming from the enhanced climate mitigation ambitions of the Union. _________________ 51 [please insert full OJ reference]
Amendment 179 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/CE
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/CE
Article 9 – paragraph 1a
Article 9 – paragraph 1a
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – third subparagraph
Article 10 – paragraph 1 – third subparagraph
In addition, 2,58 % of the total quantity of allowances between [year following the entry into force of the Directive]2021 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.
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2003/87/EC
Article 10 – paragraphs 1 b, 1 c, 1 d (new)
Article 10 – paragraphs 1 b, 1 c, 1 d (new)
(aa) In Article 10, the following paragraphs are inserted after paragraph 1a: ‘1b. Starting from 2024 Member State with a deficit of allowances in any year in the period after 2023 shall have their allowances exempted from the operation of market stability reserve in the following year up to the amount of their deficit in the previous year. 1c. For Member States with structural imbalance of allowances that persists even after the exemption from the operation of market stability reserve in the following year, the allowances in the Market Stability Reserve shall be used to cover this imbalance. This shall be done by comparing the total number of allowances for the beneficiary Member State against the emissions generated in the sectors covered by the EU ETS in the same year. For the purpose of this calculation the total number of allowances shall take into account all allowances: (a) to be auctioned by particular Member States in accordance with Article 10 together with (b) the total number of allowances received for free by installations in this Member State in accordance with Article 10a, and (c) the national allocation from the Modernisation Fund for that Member State in accordance with Article 10d. 1d. After establishing the level of deficit the national share of the Modernisation Fund shall be increased by the same amount or the Member State shall receive this amount of allowances from the Market Stability Reserve allowances that would otherwise be cancelled in that year. Should this be insufficient to fully compensate the deficit in year n then the rest of it shall be covered by using allowances already placed in the MSR to ensure a respective increase of the Modernisation Fund allocation for this Member State in year n+1.’.
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use at least 50 % of their revenues generated from the auctioning of allowances referred to in paragraph 2, or the equivalent in financial value of these revenues, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Article 1 – paragraph 1 – point 11 – point d a (new)
(da) In Article 10, a new paragraph is added: By 2025, the Commission shall issue a legislative proposal to enhance the supervision of the European carbon market, as well as related derivative markets. In particular, the Commission shall consider the need to establish a supervisory body with competences related to market intervention and sanctioning powers.
Amendment 243 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/CE
Article 10 a – paragraph 1 – second subparagraph – new
Article 10 a – paragraph 1 – second subparagraph – new
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 2
Article 10 a – paragraph 1 – subparagraph 2
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii a (new)
Article 1 – paragraph 1 – point 12 – point a – point ii a (new)
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 3 a (new)
Article 10 a – paragraph 1 – subparagraph 3 a (new)
(iia) In paragraph 1, the following subparagraph is inserted after the third subparagraph: To provide additional incentives to reduce greenhouse gas emissions and improve energy efficiency, the agreed EU ex ante benchmarks shall be reviewed before the 2026-2030 period with a view to possibly revising the definition and boundaries of the system of existing product benchmarks and district heating benchmark. By way of derogation from subparagraph 1, the ratios for district heating to be determined shall ensure the allocation of allowances in a way that provides an incentive to reduce greenhouse gas emissions. These indicators for the entire period referred to in Art. 11, second paragraph, takes the value specified in Commission Implementing Regulation (EU) 2021/447 for the heat benchmark.
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10 a – paragraph 2 – third paragraph – point d
Article 10 a – paragraph 2 – third paragraph – point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028, except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1.6%.
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 3
Article 10 a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime and aviation sectors and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/CE
Article 10 a – paragraph 8 – subparagraph 6
Article 10 a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria, taking into account the need to ensure the fair geographical distribution of the projects, the level of emissions in a given Member State to define relevant emissions savings achieved by a given project and, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. 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 CO2. 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.
Amendment 345 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 10 b – paragraph 4
Article 10 b – paragraph 4
(12a) In Article 10b, paragraph 4 is replaced by the following: Other sectors and subsectors are considered to be able to pass on more of the costs of allowances in product prices, and shall be allocated allowances free of charge at 30 % of the quantity determined pursuant to Article 10a. Unless otherwise decided in the review pursuant to Article 30, free allocations to other sectors and subsectors shall decrease by equal amounts after 2026 so as to reach a level of no free allocation in 2030. Allowances for district heating shall be allocated free of charge at 70% of the quantity determined pursuant to Article 10a. The free allocation for district heating shall decrease by a linear reduction factor referred to in Article 30c(2) of this Directive.
Amendment 356 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/CE
Article 10 d – paragraph 1 – subparagraph 2
Article 10 d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use fossil fuels 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, except from district heating facilities for which the use of natural gas is allowed. The administrative and operationalisation costs of Member States shall be ensured from the Modernisation Fund.”
Amendment 403 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 a
Article 29 a
(19a) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than three consecutive months, the monthly average allowance price is more than two times the average price of allowances during the two preceding years period on the European carbon market, the Commission shall convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC not later than within 7 working days. 2. For the purposes of paragraph 1: (a) the “monthly average carbon price” for any month is calculated by dividing the sum of the settlement prices of the relevant December futures contract as traded on the relevant carbon market exchange for each relevant day in the month by the number of relevant days in the month. (b) the “average price of allowances during the two preceding years period” is calculated by dividing the sum of the settlement prices of the relevant December futures contract as traded on the relevant carbon market exchange for each relevant day in the two year period ending with the last month before the first month of the period of three consecutive months by the number of relevant days in the two year period. 3. If the price evolution referred to in paragraph 1 is triggered, one of the following measures shall be implemented, taking into account the degree of price evolution: (a) by bringing forward the auctioning of a part of the quantity to be auctioned in a subsequent calendar year ; (b) by the release for auction up to 25 % of the remaining allowances in the new entrants reserve ; (c) by the release of an appropriate quantity of allowances from the Market Stability Reserve. The Committee may also consider additional interventions if the circumstances justify further or earlier action.
Amendment 406 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29 b (new)
Article 29 b (new)
(19b) The following Article is inserted after Article 29a: Article 29b (new) 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Financial intermediaries purchasing allowances on account of the entities mentioned in paragraph 1 and not their own can be an exception. 3. The quantity of EU ETS allowances purchased during auctions by financial intermediaries cannot exceed what is reasonably needed to fulfil their contractual obligations towards entities mentioned in paragraph 1. 4. Article 6 paragraph 5 of the Auctioning Regulation (no 1031/2010) should be adjusted in accordance with paragraphs 1 and 2.
Amendment 425 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Decision (EU) 2015/1814
Article 1 – paragraph 4 a
Article 1 – paragraph 4 a
4a. As from [the year following the entry into force of this Directive]2026, 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.
Amendment 427 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5
Article 1 – paragraph 5
5. 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 allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled.
Amendment 429 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5
Article 1 – paragraph 5
Amendment 434 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a – new
Article 1 a – new