43 Amendments of Angelika WINZIG related to 2021/0211(COD)
Amendment 11 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public and private resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget in the form of own resources should be used for climate- related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC.
Amendment 35 #
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, in the case that low-carbon alternatives would be integrated in certain benchmark system-boundaries and with regard to the definitions of processes according to Annex I Regulation 2019/331/EU, they should not have an impact on the benchmarks values referred to in Art 10a of this Directive. Furthermore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks with the objective to ensure a level playing field for new and existing technologies. The "one product, one benchmark" principle should be maintained. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of hydrogen outside the refineries sector.
Amendment 39 #
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding torefinance Member States' measures to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62 [Add ref to the Regulation establishing the Social Climate Fund].
Amendment 42 #
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 83 #
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 tocomplements free allocation to address the risk of carbon leakage. ToOnce 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. TCBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, the free allocation received by these sectors could be gradually phased out. If this demonstration cannot be provided, a five year period in correspondence with ETS trading periods for this demonstration will be added and, if necessary, repeated. After successful demonstration of its effectiveness and the consent of Council and Parliament, the reduction of free allocation shcould 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 2026the end of an ETS trading period within which the effectiveness of the CBAM has been fully demonstrated and should be reduced by 120 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenfifth 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 allocation. _________________ 51 [please insert full OJ reference]
Amendment 128 #
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 CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 148 #
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, if low-carbon alternative options are integrated in certain benchmark system-boundaries and taking account of the definitions of processes under Annex I to Commission Delegated Regulation (EU) 2019/331, the integration of such options should not have an impact on the benchmark values referred to in Article 10a of this Directive. Furthermore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks to ensurewith the objective of ensuring there is a level playing field for new and existing technologies. The 'one product, one benchmark' principle should be respected. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of hydrogen outside the refineries sector.
Amendment 162 #
Proposal for a directive
Recital 57
Recital 57
(57) It is appropriate to introduce measures to address the potential risk of excessive price increases, which, if particularly high at the start of the buildings and road transport emissions trading, may undermine the readiness of households and individuals to invest in reducing their greenhouse gas emissions. These measures should complement the safeguards provided by the Market Stability Reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council64 and that became operational in 2019. While the market will continue to determine the carbon price, safeguard measures will be triggered by rules-based automatism, whereby allowances will be released from the Market Stability Reserve only if concrete triggering conditions based on the increase in the average allowance price are met. This additional mechanism should also be highly reactive, in order to address excessive volatility due to factors other than changed market fundamentals. The measures should be adapted to different levels of excessive price increase, which will result in different degrees of the intervention. The triggering conditions should be closely monitored by the Commission and the measures should be adopted by the Commission as a matter of urgency when the conditions are met. Furthermore, in the case of excessive carbon price increases, the Commission shall assess whether the introduction of a concrete price band would constitute an effective measure to counter these increases, followed, where appropriate, by proposals to adjust the market stability reserve accordingly. This is without prejudice to any accompanying measures that Member States may adopt to address adverse social impacts. _________________ 64 Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L 264, 9.10.2015, p. 1).
Amendment 212 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
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 241 #
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 a
Article 10 a – paragraph 1 – subparagraph 2 a
-1. Low-carbon alternatives with regard to the definitions of processes according to Annex I Regulation 2019/331/EU shall be regarded as comprised by the according benchmark for the purposes of Article 10a of this Directive without having an impact on benchmarks referred to in Article 10a of this Directive.
Amendment 242 #
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 b
Article 10 a – paragraph 1 – subparagraph 2 b
Amendment 244 #
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 3
Article 10 a – paragraph 1 – subparagraph 3
Amendment 251 #
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 4
Article 10 a – paragraph 1 – subparagraph 4
Amendment 263 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public and private resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget in the form of own resources should be used for climate- related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC.
Amendment 269 #
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 a – paragraph 1 a – subparagraph 1
Article 10 a – paragraph 1 a – subparagraph 1
1a. No fFree allocation at benchmark level shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of applicationuntil the full effectiveness of the CBAM in tackling the carbon leakage risk both ofn the Carbon Border Adjustment MechanismEU market and on export markets is assessed and positively verified.
Amendment 274 #
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 a – paragraph 1 a – subparagraph 2
Article 10 a – paragraph 1 a – subparagraph 2
Amendment 281 #
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 a – paragraph 1 a – subparagraph 3
Article 10 a – paragraph 1 a – subparagraph 3
Amendment 284 #
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 a – paragraph 1 a – subparagraph 4
Article 10 a – paragraph 1 a – 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 297 #
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 – subparagraph 3 – point d
Article 10 a – 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 fallback benchmarks shall remain at 1.6%.
Amendment 302 #
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 tocomplements free allocation to address the risk of carbon leakage. ToIf 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 percentagCBAM fully demonstrates, for the period until the end of 2028, its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, the free allocation received by those sectors should be gradually phased out. If CBAM fails to demonstrate such effectiveness, a five year period in correspondence with EU ETS trading periods for this demonstration should be added and, if necessary, a further five-year period should be added following that first five- year period. The (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Rregulation] and 2025, 90 % in 2026the end of an EU ETS trading period throughout which the effectiveness of the CBAM has been fully demonstrated and should be reduced by 120 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenfifth 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 allocation. _________________ 51 [please insert full OJ reference] 51
Amendment 304 #
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
(da) paragraph 5a is amended as follows: By way of derogation from paragraph 5, an additional amount of up to 5 % 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 310 #
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 10 a – paragraph 6
Article 10 a – paragraph 6
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 380 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
(14a) Article 11 is amended as follows: (a) In paragraph 1, after the first sentence of the second subparagraph, the following is added: 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.
Amendment 386 #
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 391 #
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
Article 12 – paragraph 3 b
3b. 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 also 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 398 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e a (new)
Article 1 – paragraph 1 – point 15 – point e a (new)
(ea) the following paragraph 3c is inserted: 3c. An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases caused by the production of goods listed in Annex I of Regulation[CBAM], or products processed of those goods, in case they are exported to third countries.
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
(19a) Article 27 is amended as follows: (a) the first paragraph is replaced by the following: 1. Following consultation with the operator, Member States may exclude from the EU ETS installations which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the EU ETS; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures.
Amendment 532 #
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding torefinance Member States' measures to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62[Add ref to the Regulation establishing the Social Climate Fund].
Amendment 575 #
Proposal for a directive
Recital 57
Recital 57
(57) It is appropriate to introduce measures to address the potential risk of excessive price increases, which, if particularly high at the start of the buildings and road transport emissions trading, may undermine the readiness of households and individuals to invest in reducing their greenhouse gas emissions. These measures should complement the safeguards provided by the Market Stability Reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council64 and that became operational in 2019. While the market will continue to determine the carbon price, safeguard measures will be triggered by rules-based automatism, whereby allowances will be released from the Market Stability Reserve only if concrete triggering conditions based on the increase in the average allowance price are met. This additional mechanism should also be highly reactive, in order to address excessive volatility due to factors other than changed market fundamentals. The measures should be adapted to different levels of excessive price increase, which will result in different degrees of the intervention. The triggering conditions should be closely monitored by the Commission and the measures should be adopted by the Commission as a matter of urgency when the conditions are met. Furthermore, in the case of excessive carbon price increases the Commission should assess whether the introduction of a concrete price band would constitute an effective measure to counter these increases, and should, where appropriate, submit a legislative proposal to adjust the market stability reserve accordingly. This is without prejudice to any accompanying measures that Member States may adopt to address adverse social impacts. _________________ 64 Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L 264, 9.10.2015, p. 1).
Amendment 808 #
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 917 #
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 – subparagraph 2 a (new)
Article 10a – paragraph 1 – subparagraph 2 a (new)
Low-carbon alternatives with regard to the definitions of processes according to Annex I to Commission Delegated Regulation (EU) 2019/331 shall be regarded as comprised by the relevant benchmark for the purposes of this Article without having an impact on the benchmarks referred to in this Article.
Amendment 918 #
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 – subparagraph 2 b (new)
Article 10a – paragraph 1 – subparagraph 2 b (new)
The measures referred to in the first subparagraph of this Article shall determine, for the time after 2025, alternative rules for the cost-free allocation of allowances for operators who initiate measures and investments to reach climate-neutrality by 2050 and who opt for the application of those rules. The alternative rules shall require operators to establish a climate-neutrality plan in accordance with Article 2(1) of Regulation (EU) 2021/1119 that sets out: (a) measures and investments to reach climate-neutrality by 2050 at installation, company or group-level, including any installation which complies with that climate-neutrality plan; (b) intermediate targets and milestones to measure, by 31 December 2030 and by 31 December of each fifth year thereafter, progress towards achieving climate- neutrality; and (c) an estimate of the impact of each of the measures and investments referred to in point (a). Those alternative rules shall be the allocation rules applicable for the period 2021 to 2025 according to Commission Delegated Regulation (EU) 2019/331. For the period after 2030, the benchmark values shall be adjusted by taking only the products, processes and emissions covered by the previous definitions and system boundaries of the benchmarks for 2021 to 2025 into account. Also any new installation which is covered by the same operator’s climate-neutrality plan shall be entitled to cost-free allocation of allowances under those alternative rules to the extent that that installation complies with that same climate-neutrality plan. With respect to the application of Regulation (EU) …/… [CBAM], the cost- free allocation under those alternative rules shall not be reduced.
Amendment 933 #
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 – subparagraph 2a
Article 10a – paragraph 1 – subparagraph 2a
Amendment 956 #
Amendment 1015 #
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 1025 #
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 1049 #
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 1068 #
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 to Regulation [CBAM] in accordance with Article 10a (8).;
Amendment 1100 #
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 point (c), the maximum annual reduction rate of the fuel and heat fallback benchmarks shall remain at 1,6 %.;
Amendment 1131 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
(d a) paragraph 5a is replaced by the following: "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 first subparagraph of this paragraph 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." Or. en (02003L0087)
Amendment 1297 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 2003/87/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
(14a) in Article 11, paragraph 1 is replaced by the following: "1. Each Member State shall publish and submit to the Commission, by 30 September 2011, the list of installations covered by this Directive in its territory and any free allocation to each installation in its territory calculated in accordance with the rules referred to in Article 10a(1) and Article 10c. 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 first sentence of this subparagraph. 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. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&q)
Amendment 1333 #
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 1352 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e a (new)
Article 1 – paragraph 1 – point 15 – point e a (new)
Directive 2003/87/EC
Article 12 – paragraph 3 b a (new)
Article 12 – paragraph 3 b a (new)
(ea) the following paragraph is inserted: ' 3ba. An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases caused by the production of goods listed in Annex I to Regulation [CBAM], or products processed of those goods, in case they are exported to third countries. '