36 Amendments of Ivan DAVID related to 2021/0211(COD)
Amendment 177 #
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use, or they are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 332 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) In order to reflect the actual technological progress within installations included in product benchmarks with consideration of fuel and electricity exchangeability in Commission Implementing Regulation (EU) 2021/447 and where the share of indirect emissions is higher than 50 % of the relevant product benchmarks, the update of such benchmarks for the periods as of 2026 should not be affected by the evolution of the carbon intensity of the electricity mix.
Amendment 387 #
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity, where the CO2 is emitted into the atmosphere. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and where to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 809 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %5,09 % until 2030. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 925 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraphs 2a and 2b
Article 10a – paragraph 1 – subparagraphs 2a and 2b
Amendment 987 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point iiDirective 2003/87/EC
Article 1 – paragraph 1 – point 12 – point a – point iiDirective 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks so that new installations with partially or fully decarbonised production processes receive free allocation on the basis of such product benchmarks. The modification of definitions and system boundaries pursuant to the previous sub-paragraph shall not affect the calculation of the annual reduction rate calculated pursuant to Article 10a paragraph 2, third subparagraph, point (c), since such rate shall be calculated taking into account only installations that were included in the initial determination of the respective product benchmark.;
Amendment 1011 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 1
Article 10a – paragraph 1a – subparagraph 1
Amendment 1042 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a - paragraph 1a - subparagraph 2
Article 10a - paragraph 1a - subparagraph 2
Amendment 1054 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 3
Article 10a – paragraph 1a – subparagraph 3
Amendment 1069 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 – paragraph 1a – subparagraph 4
Article 10 – paragraph 1a – subparagraph 4
Allowances resulting from the reduction of free allocation shall be made available to support innovation in relation to the production of products listed in Annex I of Regulation [CBAM] in accordance with Article 10a(8).;
Amendment 1082 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10a – paragraph 2 –subparagraph 3– point c
Article 10a – paragraph 2 –subparagraph 3– point c
(c) For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (d) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028.; In order to provide further incentives for reducing greenhouse gas emissions in the steel industry, the annual reduction rate of the product benchmark hot metal calculated pursuant to the previous sub- paragraph shall not be affected by the modification of benchmark definitions and system boundaries pursuant to the fifth sub-paragraph of article 10a1 when the calculation of such rate is influenced by installations that were operational in the period referred to the first sub- paragraph of Article 10a(2)”;
Amendment 1085 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point c
Article 10a – paragraph 2 – subparagraph 3 – point c
(c) For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (d) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028.; The calculation of the annual reduction rate of each product benchmark shall only consider installations that were included in the initial determination of the respective product benchmark even though more installations may receive free allocation from such product benchmarks as a result of the modification of benchmark definitions and system boundaries pursuant to Article 10a(1), fifth subparagraph.;
Amendment 1094 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, 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.; By way of derogation from the previous point, the maximum annual reduction rate of the fuel and heat fall back benchmarks shall remain at 1,6 % .”;
Amendment 1130 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 – point d a (new)Directive 2003/87/EC
Article 10a – paragraph 5a
(da) paragraph 5a is replaced by the following: “5a. By way of derogation from paragraph 5, an additional amount of up to 35 % of the total quantity of allowances shall, to the extent necessary, be used to increase the maximum amount available under paragraph 5. Where the maximum amount available under paragraph 5 and as increased pursuant to the previous subparagraph is not sufficient to avoid the application of the uniform adjustment, unallocated allowances from the market stability reserve shall be used to the extent necessary.”
Amendment 1146 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Member States shouldall adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.;
Amendment 1244 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use solid fossil fuels.”;
Amendment 1254 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
Article 10d – paragraph 2 – introductory part
2. At least 870 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 1298 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)Directive 2003/87/EC
Article 1 – paragraph 1 – point 14 a (new)Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
(14a) in Article 11(1), the second subparagraph is replaced by the following: „A list of installations covered by this Directive for the five years beginning on 1 January 2021 shall be submitted by 30 September 2019, and lists for each subsequent period of five years shall be submitted every five years thereafter. For each allocation period beginning on 1 January 2026 and thereafter, free allocation shall be calculated according to the median of the activity level of the five calendar years referred to in the previous sentence. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the five calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided. “
Amendment 1344 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use, and in respect of greenhouse gases that are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin.
Amendment 1419 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 a – title
Article 30 a – title
Scope and applicability
Amendment 1425 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 a – paragraph 1 a (new)
Article 30 a – paragraph 1 a (new)
The provisions of this Chapter will apply as set out in the individual Articles in this Chapter. Until January 2030, Member States should implement national carbon pricing initiatives or other policies in order to address structural barriers associated with activities referred to in Annex III.
Amendment 1428 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 b – paragraph 1
Article 30 b – paragraph 1
1. Member States shall ensure that, from 1 January 20259, no regulated entity carries out the activity referred to in Annex III unless that regulated entity holds a permit issued by a competent authority in accordance with paragraphs 2 and 3.
Amendment 1439 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 c – paragraph 1
Article 30 c – paragraph 1
1. The Union-wide quantity of allowances issued under this Chapter each year from 202630 shall decrease in a linear manner beginning in 20248. The 20248 value shall be defined as the 20248 emissions limits, calculated on the basis of the reference emissions under Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council(*) for the sectors covered by this Chapter and applying the linear reduction trajectory for all emissions within the scope of that Regulation. The quantity shall decrease each year after 2024 by a linear reduction factor of 5,15 %In the period following 2028, the Council shall decide before the beginning of each year on the reduction of allowances for that year. By 1 January 20248, the Commission shall publish theuncil shall decide on a Union- wide quantity of allowances for the year 20262030.
Amendment 1444 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 c – paragraph 2
Article 30 c – paragraph 2
Amendment 1450 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 1
Article 30 d – paragraph 1
1. From 202630, allowances covered by this Chapter shall be auctioned, unless they are placed in the Market Stability Reserve established by Decision (EU) 2015/1814. The allowances covered by this Chapter shall be auctioned separately from the allowances covered by Chapters II, IIa and III.
Amendment 1464 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 – point a
Article 30 d – paragraph 5 – subparagraph 1 – point a
(a) measures intended to contribute to the decarbonisation of heating and cooling of buildings or to the reduction of the energy needs of buildings, including the integration of renewable energies and related measures according to Articles 7(11), 12 and 20 of Directive 2012/27/EU [references to be updated with the revised Directive], as well as measures to provide financial support for low-income and middle-income households in worst- performing buildings;
Amendment 1467 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 – point b
Article 30 d – paragraph 5 – subparagraph 1 – point b
(b) measures intended to accelerate the uptake of zero-emission and clean vehicles or to provide financial support for the deployment of fully interoperable refuelling and recharging infrastructure for zero-emission and clean vehicles or measures to encourage a shift to public forms of transport and improve multimodality, or to provide financial support in order to address social aspects concerning low and middle-income transport users.
Amendment 1481 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 e – paragraph 2
Article 30 e – paragraph 2
2. From 1 January 202731, Member States shall ensure that, by 30 April each year, the regulated entity surrenders a number of allowances covered by this Chapter, that is equal to the total emissions, corresponding to the quantity of fuels released for consumption pursuant to Annex III, during the preceding calendar year as verified in accordance with Articles 15 and 30f, and that those allowances are subsequently cancelled.
Amendment 1485 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 f – paragraph 2
Article 30 f – paragraph 2
2. Member States shall ensure that each regulated entity monitors for each calendar year as from 20259 the emissions corresponding to the quantities of fuels released for consumption pursuant to Annex III. They shall also ensure that each regulated entity reports these emissions to the competent authority in the following year, starting in 202630, in accordance with the acts referred to in Article 14(1).
Amendment 1496 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 f – paragraph 3
Article 30 f – paragraph 3
3. Member States shall ensure that each regulated entity holding a permit in accordance with Article 30b on 1 January 20259 report their historical emissions for year 20248 by 30 March 20259.
Amendment 1528 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 i – paragraph 1
Article 30 i – paragraph 1
By 1 January 20328, the Commission shall report to the European Parliament and to the Council on the implementation of the provisions of this Chapter with regard to their effectiveness, administration and practical application, including on the application of the rules under Decision (EU) 2015/1814 and use of allowances of this Chapter to meet compliance obligations of the compliance entities covered by Chapters II, IIa and III. Where appropriate, the Commission shall accompany this report with a proposal to the European Parliament and to the Council to amend this Chapter. By 31 October 20315 the Commission should assess the feasibility of integrating the sectors covered by Annex III in the Emissions Trading System covering the sectors listed in annex 1 of Directive 2003/87/EC.’’;
Amendment 1552 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 2
Article 1 – paragraph 5 – subparagraph 2
Without prejudice to the total amount of allowances to be deducted pursuant to this paragraph, until 31 December 20230, allowances referred to in Article 10(2), first subparagraph, point (b), of Directive 2003/87/EC shall not be taken into account when determining Member States' shares contributing to that total amount.
Amendment 1562 #
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 a
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 4700 million allowances shall no longer be valid.
Amendment 1581 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a – paragraph 2
Article 1 a – paragraph 2
2. The placing in the reserve under this Article shall operate from 1 September 202731. The allowances covered by Chapter IVa of Directive 2003/87/EC shall be placed in, held in, and released from the reserve separately from the allowances covered by Article 1 of this Decision.
Amendment 1583 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a – paragraph 3
Article 1 a – paragraph 3
3. In 202630, the section referred to in paragraph 1 shall be created in accordance with Article 30d(2), second subparagraph, of Directive 2003/87/EC. By 1 January 20315, the allowances referred to in this paragraph that are not released from the reserve shall no longer be validonly be valid for emissions covered by the Chapter IVa, unless the emissions covered by the Chapter II, IIa and III are merged with emissions covered by Chapter IVa into single Emissions Trading System.
Amendment 1584 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a – paragraph 4
Article 1 a – paragraph 4
4. The Commission shall publish the total number of allowances in circulation covered by Chapter IVa of Directive 2003/87/EC each year, by 15 May of the subsequent year separately from the number of allowances in circulation under Article 1(4). The total number of allowances in circulation under this Article in a given year shall be the cumulative number of allowances covered by Chapter IVa of Directive 2003/87/EC issued in the period since 1 January 2026, minus the cumulative tonnes of verified emissions covered by Chapter IVa of Directive 2003/87/EC for the period between 1 January 202630 and 31 December of that same given year and any allowances covered by Chapter IVa Directive 2003/87/EC cancelled in accordance with Article 12(4) of Directive 2003/87/EC. The first publication shall take place by 15 May 202731.