16 Amendments of Anna ZALEWSKA related to 2021/0214(COD)
Amendment 129 #
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2) and Article 192(12) of the Treaty on the Functioning of the European Union, pursuant to whichas well as the Commission proposal submitted the proposal to Parliament (C9- 0328/2021),
Amendment 130 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12) thereof,
Amendment 131 #
Proposal for a regulation
Citation 6 a (new)
Citation 6 a (new)
Having regard to the principles of subsidiarity, proportionality and solidarity;
Amendment 566 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively become an alternativecomplimentary to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably maintaining the allocation of allowances free of charge in accordance with Article 10a of that Directive at adequate levels to ensure healthy functionality.
Amendment 617 #
Proposal for a regulation
Article 2 – paragraph 11
Article 2 – paragraph 11
Amendment 716 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementing acts 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 country-specific 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. Adoption of the implementing acts shall be preceded by public consultations with exporters, importers, third country governments, and other stakeholders. 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 756 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent pversonifier, required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 760 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The authorised declarant shall keep those records referred to in paragraph 2 until the end of the fourifth year after the year during which the CBAM declaration has been or should have been submitted.
Amendment 822 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
By [1 January 2024], the Commission shall publish detailed guidelines setting out the responsibilities of the competent authorities, the sources and principles of funding of their actions to fulfil the obligations imposed by this Regulation as well as a precise description of the responsibilities of and procedures for the national competent authorities in cases of proven breaches of this Regulation.
Amendment 868 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the declarant has not been involved in a serious infringement or repeated infringements of customs legislation, circumventing anti-dumping or anti- subsidy duties, taxation rules and market abuse rules and has no record of serious criminal offences relating to its economic activity during the five years preceding the application;
Amendment 972 #
Proposal for a regulation
Article 26 – paragraph 1 a (new)
Article 26 – paragraph 1 a (new)
1a. The penalty referred to in paragraph 1shall apply mutatis mutandis to the authorised declarant who, within the time limit specified in Article 19 paragraph 3, fails to surrender CBAM certificates corresponding to the number indicated on the basis of this provision.
Amendment 986 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission shall take action in close consultation with Member States and, where applicable, on the initiative of Member States, based on relevant and objective data, in accordance with this Article, to address practices of circumvention of this Regulation.
Amendment 1019 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. Circumvention could also be considered, where appropriate, also the exporting countries using their cleanest industrial plants for export to the EU, and more polluting plants for production on the domestic or global market.
Amendment 1044 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The notification referred to in paragraph 3 shall state the reasons on which it is based and, if it is possible, shall include relevant data and statistics regarding the goods and products referred to in paragraph 2.
Amendment 1107 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I,monitoring the impact of the CBAM mechanism on climate and environmental protection, on the competitiveness of the Union economy, especially in the sectors which have their competitiveness affected by climate policies, and with regard to SMEs, on the viability of production facilities in the sectors covered by the Regulation, on the structure and volume of Union imports, and on the costs to final customers. On the basis of the results of the scrutiny of that data, the Commission shall examine the feasibility and relevance of to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, giving high priority to assessing the impact of including agricultural products in the scope of the Regulation and develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 1220 #
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The customs authorities shall, at the moment of the release of those goods for free circulation at the latest, inform the declarant of the obligation referred to in paragraph 1. The Commission shall ensure that the new obligations imposed on customs authorities under this Regulation do not impose an excessive administrative burden or create substantial compliance cost.