19 Amendments of Susana SOLÍS PÉREZ related to 2021/0214(COD)
Amendment 223 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Installations under the EUETS facing a rising carbon price need long- term visibility, predictability and legal certainty to make their investment decisions. A clear pathway for the phase in of the remaining sectors and subsectors at risk of carbon leakage should therefore be established. This will strengthen the new legal framework to fight carbon leakage, provide the necessary time to ensure a smooth implementation of the CBAM and allow installations and companies to make the necessary investments in the decarbonisation of industrial processes in a stable and predictable legal context.
Amendment 307 #
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 508 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) The Commission should actively pursue the establishment of an international “Carbon club” for ensuring continuous exchange in good faith with the Union’s trade partners. This should be an open non-exclusive international forum, which could be located under an appropriate multilateral organisation such as the WTO or the relevant and open body of the OECD for instance. Its objective should be to allow for the comparison and coordination of carbon pricing measures as well as non-carbon pricing measures with an impact on emission reduction. The Carbon club should also support the comparability of climate measures by ensuring the quality of climate monitoring, reporting and verification among its members. Membership of the club should be informal, open and on a voluntary basis for countries aiming at high climate ambition in line with the Paris Agreement. Given that the CBAM is a first-of-a-kind measure, which is meant to be a cooperative tool designed to fight carbon leakage, such a Carbon club will provide the means for engagement and transparency between the and its trade partners.
Amendment 529 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) The revenues generated should be attributed to the Union budget as an own resource in accordance with the procedures set out in Article 311 TFEU, pursuant to Annex 2 of the Interinstitutional Agreement of 16 December 20201a and as proposed by the Commission on 22 December 2021 in its legislative proposal to amend the Own Resources Decision1b. The CBAM-based own resource would thus be part of a basket of own resources whose total proceeds should be sufficient to cover the level of overall expected expenditure for the repayment costs of the principal and interests of the borrowing incurred under the Next Generation EU instrument, while respecting the principle of universality. Together with the ETS-based own resource, these two green own resources should also link the Union budget with the Union’s policy priorities, and thus add value. They should contribute to the climate mainstreaming objectives and the resilience of the Union budget as a tool for investments and guarantees. __________________ 1aInterinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources (OJ L 433I, 22.12.2020, p. 28.). 1b COM(2021)0570 final.
Amendment 573 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The CBAM helps meet Union objectives and international commitments, including in particular those under the Paris Agreement and the WTO.
Amendment 592 #
Proposal for a regulation
Article 2 – paragraph 5 – point b a (new)
Article 2 – paragraph 5 – point b a (new)
(ba) the regulatory obligation and the net regulatory burden imposed in the country where the goods are originating in are equivalent to those imposed under the EU ETS.
Amendment 641 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘competentCBAM authority’ means the authority, designated by each Member State appointed by the Commission in accordance with Article 11 of this Regulation;
Amendment 676 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Goods shall only be imported into the customs territory of the Union by a declarant that is authorised by the competentCBAM authority in accordance with Article 17 (‘authorised declarant’). Throughout the Regulation, the term ‘competent authority’ is replaced by ‘CBAM authority’ and any necessary grammatical changes are made.
Amendment 728 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The authorised declarant shall ensure that the total embedded emissions declared in the CBAM declaration submitted pursuant to Article 6 and Article 35 are verified by a verifier accredited pursuant to Article 18, based on the verification principles set out in Annex V.
Amendment 729 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The CBAM report submitted by companies shall be verified according to this Article.
Amendment 835 #
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 available to the public, unless it is deemed as business confidential. Information equivalent to the one made publicly available for EU producers under the EU ETS central database shall be made public.
Amendment 878 #
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 been involved in practices of circumvention in accordance with Article 27.
Amendment 964 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24a Revenues generated by the sale of CBAM certificates The revenues generated by the sale of CBAM certificates shall not constitute assigned revenue. This Regulation shall not prevent revenues generated by the sale of CBAM certificates from being defined as own resources in accordance with Article 311 TFEU and entered in the Union budget as general income.
Amendment 1111 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect, in consultation with the relevant industrial sectors, 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, such as downstream products using goods covered by this Regulation, and develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 1124 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shallor at any moment at the request of the European Parliament, the Council or the CBAM Authority, the Commission shall, after closely consulting with the relevant stakeholders, present a report to the European Parliament and the Council on the application of this Regulation. The report shall containhighlight, in particular, the assessment of the possibilities to further extend the scope of embedded emiss: a) whether the Regulation effectively achieves carbon cost equalisation between imported and domestic products. b) whether the CBAM effectively mitigates carbon leakage for both imports and exports. c) whether the CBAM effectively contributes to reducing carbon emissions in third countries. d) whether the CBAM operates effectively and does not lead to forms of circumvention. e) whether, based on the above, the gradual phase-out of free allocations given in relations to indirect emissions andthe production of products listed in Annex I of the Regulation shall be accelerated. f) the assessment of the possibilities to further extend the scope of embedded emissions 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 containg) 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 and services that may be subject to the risk of carbon leakage in the future.
Amendment 1171 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The report, described in paragraph 2, shall additionally contain a binding calendar to extend the scope of this Regulation to the rest of sectors at risk of carbon leakage and covered by the Commission Delegated Decision (EU) 2019/708. The calendar must be binding and contain specific implementation dates.
Amendment 1201 #
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. The effective implementation of the CBAM, namely after its transitionary period, shall trigger the gradual phasing- out of the free allocation of allowances while maintaining WTO-compliance until they are completely eliminated. This phase out, starting off at a low level, shall therefore be gradual and accelerate once the effectiveness of the CBAM has been demonstrated.
Amendment 1207 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 28 by 31 December 2025 to define criteria allowing an installation producing goods covered by this Regulation to apply for continued appropriate protection against the risk of carbon leakage in relation to costs deriving from EU ETS allowances linked to exports of goods to third countries. The criteria shall consider the carbon leakage risks, overall environmental effects and decarbonisation efforts of these installations and rely on the existing benchmarks and follow the principle of Directive 2003/87/EC to identify the most carbon-efficient installations. The criteria should take into account the emissions embedded in a similar product and carbon prices in the third country pursuant to Articles 7, 8 and 9 of this Regulation. This protection against the risk of carbon leakage for exports should only be used to enhance decarbonisation efforts. The Commission shall ensure that the delegated act is fully compliant with WTO rules.
Amendment 1265 #
Proposal for a regulation
Annex III – point 2 – paragraph 1 – introductory part
Annex III – point 2 – paragraph 1 – introductory part
For determining the specific actual embedded emissions of simple goods produced in a given installation, only direct emissions and indirect emissions shall be accounted for. For this purpose, the following equation is to be applied: