21 Amendments of Dolors MONTSERRAT related to 2021/0214(COD)
Amendment 249 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) It is essential to also avoid the risk that Union exports to global markets are replaced by more carbon intensive goods or by goods that are not subject to equivalent carbon costs. The Commission should address the problem of carbon leakage risk on export markets before the end of the transitional period and consider WTO-compatible solutions to equalise CO2 costs, taking into account the carbon pricing schemes developed by third countries. Pending the development of such legislation, Union exports should be covered with the allocation of free ETS allowances until other countries take equivalent and effective steps to impose carbon costs on their domestic production, including the one dedicated to exports.
Amendment 256 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) If the Union wants to promote the best environment and climate standards worldwide, additional measures should be adopted to ensure that European companies are able to compete in an international level playing field. A combination of Union measures should address the direct and indirect costs linked to exported Union products. For this purpose, in addition to the measures included in this Regulation, the Commission should update the State Aid framework to ensure sufficient compensation of indirect costs for the exports in sectors at risk of carbon leakage.
Amendment 262 #
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS, resulting in an equalisation of carbon costs in imported and domestic production and fair competition in international trade. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility and industrial competitiveness.
Amendment 306 #
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.
Amendment 365 #
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. Account should also be taken of the need to have a balanced scope of goods covered under this Regulation to avoid market distortions among the different sectors affected.
Amendment 605 #
Proposal for a regulation
Article 2 – paragraph 7 – point d
Article 2 – paragraph 7 – point d
(d) the third country or territory has committed to climate neutrality by 2050 and has accordingly formally formulated and communicated, where applicable, to the United Nations Framework Convention on Climate Change a mid-century, long- term low greenhouse gas emissions development strategy aligned with that objective, and has implemented that obligation in its domestic legislation;
Amendment 610 #
Proposal for a regulation
Article 2 – paragraph 7 – point e
Article 2 – paragraph 7 – point e
(e) the third country or territory has, when implementing the roadmap pursuant to point (c), demonstrated substantial progress towards the alignment of domestic legislation with Union law in the field of climate action on the basis of that roadmap, including towards carbon pricing at an equivalent level as the Union at least insofar as the generation of electricity is concerned. The implementation of an emission trading system for electricity, with a price equivalent to the EU ETS, shall be finalised by 1 January 203026;
Amendment 715 #
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 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. WThere 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 implementing acts shall be equivalent to the 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 735 #
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. The Commission shall ensure that the provisions in these implementing acts are equivalent to those set in the Implementing Regulation (EU) 2018/2067.
Amendment 752 #
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 verifier accredited peursonuant to Article 18, 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 direct or indirect form of compensation on exportation.
Amendment 761 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission is empowered to adopt implementing acts 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 776 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by an operator of an installation located in a third country, register the information on that operator and on its installation in a central databaseCBAM registry referred to in Article 14(4).
Amendment 786 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. An operator may disclose tThe information on the verification ofed embedded emissions referred to in paragraph 5 to an authorised declarantshall be publicly accessible via the CBAM registry. The authorised declarant shall be entitled to avail itself of that disclosed information to fulfil the obligation referred to in Article 8.
Amendment 834 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialmade public, except for those parts that need to be protected as confidential according to the relevant EU legislation, and equivalent to the one made publicly available for EU producers under the EU emission trading database.
Amendment 876 #
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) the declarant has not repeatedly been liable for the penalties set in Article 26 and has not been involved in practices of circumvention pursuant to Article 27.
Amendment 916 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The competent authority may shall review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submittedout delay after its submission according to Article 6(1). 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 926 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following thatyear when the CBAM declaration should have been submitted.
Amendment 960 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Measures to address downstream carbon leakage Before the end of the comprehensive transition period, a centralised arrangement at Union level shall be adopted to compensate downstream sectors or sub-sectors which are exposed to the risk of carbon leakage due to significant costs that are actually incurred from greenhouse gas emission costs passed on as a consequence of the gradual phase-out of free allocation in favour of the obligation to surrender CBAM certificates. Compensation shall be proportionate to greenhouse gas emission costs actually passed through in price increase of goods covered by this Regulation in order to avoid negative effects on the internal market as well as overcompensation of costs incurred. Where the amount of compensation available is not sufficient to compensate eligible costs for downstream operators, the amount of compensation available for all eligible installations shall be reduced in a uniform manner. The Commission is empowered to adopt a delegated act in accordance with Article 28 to supplement this Regulation for the purpose referred to in this Article.
Amendment 1058 #
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5a. The Commission shall publish all cases of circumvention investigations and their results in an annual report. This report shall also include information on the status of ongoing appeal procedures against penalties. The report shall also contain aggregated information on the emission intensity per country of origin for the different products listed in Annex I.
Amendment 1131 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shThe Commission shall evaluate the application of this Regulation before the end of the administrative transitionall present aeriod and 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 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. The first report of the Commission shall in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission shall, as part of that evaluation: (a) assess the impact on the competitiveness of the European industry and downstream sectors, the impact on SMEs, possible disproportionate administrative burden, circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050, accompanied by proposals to avoid negative impacts on such sectors; (b) present a proposal to address the problem of carbon leakage in export markets; (c) extend the scope of Annex I to other goods and services that may be subject to the risk of carbon leakage in the future. risk of carbon leakage, such as finished goods.
Amendment 1306 #
Proposal for a regulation
Annex III – point 6
Annex III – point 6