24 Amendments of Lídia PEREIRA related to 2021/0211(COD)
Amendment 235 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) This Directive should recognise the specificities of the Outermost Regions, as laid down in Article 349 TFEU. Its implementation will require substantial investment in these regions, entailing a significant cost for public and private actors as well as households, a reality that should be considered when mobilising funds for modernisation and innovation.
Amendment 301 #
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 allocationonce the CBAM has proven its effectiveness in equalising CO2 costs between imported and domestic products and protecting the competitiveness of European exports, the free allocation of allowances received by these sectors should be phased out. 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 allocation. _________________ 51 [please insert full OJ reference]
Amendment 312 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) While the return of CBAM certificates for EU imports addresses the risk of carbon leakage in the EU market, it is also essential to avoid the risk of EU exports to global markets being substituted by more carbon-intensive products or by goods that are not subject to carbon-equivalent costs. To achieve this, a CBAM factor equal to 100 % should be applied to exports outside the EU of products covered by the CBAM Regulation, namely exports to third countries not subject to carbon-equivalent rules, provided that a WTO-compatible export measure to equalise CO2 costs has not been applied on a proposal from the Commission. Existing carbon pricing mechanisms in third countries should lead to an adjustment of the CBAM factor.
Amendment 347 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. To foster innovation in innovative technologies as soon as possible, the Commission should ensure that the financing made available through the Innovation Fund is delivered swiftly during the first years of implementation of this Directive. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 357 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) So far only around 8 % (about EUR 52 billion) of support under the national Recovery and Resilience Plans is allocated to industry and to support industry in the climate transition. In order to ensure that the introduction of the new own resource based on 25 % of the revenue of the strengthened EU ETS for the stationary, aviation and maritime sectors contributes not only to the repayment of NextGenerationEU debts, but also to the Union’s climate mainstreaming objectives as required by the Interinstitutional Agreement of 16 December 2020, Member States should significantly increase their share of the Recovery and Resilience Plans dedicated to support industry in the climate transition.
Amendment 363 #
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, offering the opportunity to guarantee investors in innovative climate-friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs. CCDs will be an important mechanism to support the development of decarbonisation technologies such as CCS and CCU and optimises the use of available resources. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 412 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) The increasing energy prices are a big concern for citizens, especially low- income families, and industry, especially SMEs. The main cause of rising energy prices is our dependency on fossil fuel imports. That is why the Fit for 55 Package will, in the future, avoid such constraints. In addition to that, the EU ETS should also be better designed to mitigate the minor part of the problem that is linked to the volatility of EU ETS market prices.
Amendment 413 #
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
(42b) Unexpected or sudden market volatility or excessive price shocks on the EU carbon market, for example, as a result of sudden changes in market behaviour or excessive speculation, negatively affect market predictability and the stable investment climate which is essential for the planning of decarbonization and innovation investments. Therefore, the measures in the event of excessive price fluctuations will be strengthened in a targeted manner to improve the assessment of and reaction to unwarranted price evolutions. These targeted improvements should continue to ensure the proper functioning of the carbon markets, including the role of intermediaries and financial actors in providing liquidity to the market and market access for compliance actors, notably SMEs, while avoiding unexpected or sudden volatility or price shocks.
Amendment 414 #
Proposal for a directive
Recital 42 c (new)
Recital 42 c (new)
(42c) The European Securities and Markets Authority (ESMA) is preparing an assessment of carbon market integrity and transparency, expected to be published by the end of March 2022. This report should be followed, as soon as possible, by a legislative proposal by the Commission to introduce a transparency mechanism for the European carbon markets. However, to continuously monitor market integrity and transparency and guide any rapid potential action, the European Securities and Markets Authority (ESMA) should annually assess and report on the market integrity and transparency of the market and, where relevant, issue further recommendations for targeted improvements. This annual assessment should in particular examine market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Targeted improvements could, for example, include a modification of the reporting of positions held by different categories of participants and penalty mechanisms for market abuse as set out in Regulation (EU) No 596/2014 [Market Abuse Regulation], for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. The recommendations should be assessed in the Commission report which may be accompanied, where appropriate, by a legislative proposal by the Commission to improve integrity and transparency of the European carbon markets.
Amendment 533 #
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) Since the transport sector is currently the only sector that has failed to deliver any reductions of greenhouse gas emissions, a significant level of investment in sustainable transport options is required to achieve the Union climate goals and support a modal shift to environmentally friendly forms of transport. Therefore, at least 15 % of the expected revenues from the increased trading of emissions to arise as a result of the extension of the scope of the EU ETS and the introduction of a new EU ETS for heating, transport and other fuels pursuant to this Directive, including 15 % of the national revenues to be allocated by Member States as well as 15 % of the revenues under the Innovation Fund, should be allocated to the further development of public transport, in particular railway and bus systems.
Amendment 760 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EU
Article 3gd a (new)
Article 3gd a (new)
Article 3gda Contractual arrangements Where the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual arrangement, by an entity other than the shipping company, that entity shall be responsible under the contractual arrangement for covering the costs arising from the implementation of this Directive. For the purposes of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of the ship. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs referred to in paragraph 1 of this Article in accordance with Article 16.
Amendment 868 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EU
Article 10 – paragraph 3 – subparagraph 1 – point f
Article 10 – paragraph 3 – subparagraph 1 – point f
(ba) in paragraph 3, first subparagraph, point (f) is replaced by the following: “(f) to encourage a shift to low- emission, zero-emission and public forms of transport;, including the development of passenger and freight rail transport and bus services and technologies;”
Amendment 914 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Article 1 – paragraph 1 – point 11 – point d a (new)
Directive 2003/87/EU
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
(da) the following paragraph is added: “5a. Following the first European Securities and Markets Authority (ESMA) assessment of carbon market integrity and transparency to be published by the end of March 2022, the Commission shall, where appropriate, present as soon as possible a legislative proposal to introduce a transparency mechanism for the European carbon markets.”
Amendment 915 #
(db) the following paragraph is added: “5b. The European Securities and Markets Authority (ESMA) shall regularly monitor the market integrity and transparency of the European carbon market. Each year, it shall produce a public report on the market integrity and transparency of the market, in particular examining the functioning of the market in light of any market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Where relevant, this report shall include recommendations to strengthen market integrity and transparency. These recommendations shall, in particular, consider targeted revisions of the measures in the event of excessive price fluctuations or a modification of the penalty mechanisms, for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. These recommendations shall be assessed in the Commission report pursuant to paragraph 5 which shall be accompanied, where appropriate, by a legislative proposal by the Commission to improve the transparency and integrity of the European carbon market pursuant to Article 29.”
Amendment 946 #
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
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay- back time for the relevant investments does not exceed five years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 %a maximum of 25 %, a percentage that may be reduced proportionally in line with the recommendations that have been implemented. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly
Amendment 1161 #
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 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). To foster innovation in breakthrough technologies as soon as possible, the Commission should ensure that the financing made available through the Innovation Fund is provided as soon as possible during the first years of implementation of the present Directive. Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
Amendment 1198 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
The Innovation Fund may also support Carbon Contracts for Difference (CCDs) to support decarbonisation technologies like CCS and CCU for which the carbon price might not be a sufficient incentive. The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the rules on the operation of the CCDs by the 31 December 2023.
Amendment 1283 #
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 – point f a (new)
Article 10d – paragraph 2 – point f a (new)
(fa) support for outermost regions to adapt their port infrastructures to supplies of carbon-free fuels, ensuring a just transition.
Amendment 1341 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
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 disposal.
Amendment 1388 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2007/87/EU
Article 29 a
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than threetwo times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/ECrelease 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
Amendment 1466 #
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 vehicles or to provide financial support for the deployment of fully interoperable refuelling and recharging infrastructure for zero-emission vehicles or measures to encourage a shift to public forms of transport, in particular the development of passenger and freight rail transport and bus services and technologies, and improve multimodality, or to provide financial support in order to address social aspects concerning low and middle-income transport users.
Amendment 1471 #
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 a (new)
Article 30 d – paragraph 5 – subparagraph 1 a (new)
Amendment 1570 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
Decision 2015/1814/EU
Article 1 – paragraph 7
Article 1 – paragraph 7
(ca) paragraph 7 is replaced by the following: "7. In any year, if paragraph 6 of this Article is not applicable and measures are adopted under Article 29a, paragraph 1 of Directive 2003/87/EC, 100 million allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC. Where fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph. ”; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015D1814- 20180408&qid=1644861141149)
Amendment 1655 #
Proposal for a directive
Annex I – paragraph 1 – point b – point -i (new)
Annex I – paragraph 1 – point b – point -i (new)
Directive 2003/87/EC
Annex I – table – row 1 – column 1
Annex I – table – row 1 – column 1