50 Amendments of Hermann TERTSCH related to 2021/0211(COD)
Amendment 117 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12) thereof,
Amendment 128 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled frompendent on sustainable and responsible resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. Simultaneously, the intent is to create conditions for a dignified life for Europeans with access to affordable sustainable energy to meet their necessities for life. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 143 #
Proposal for a directive
Recital 7
Recital 7
(7) All sectors of the economy need to contribute to achieving those emission reductions. Therefore, the ambition of the EU Emissions Trading System (EU ETS), established by Directive 2003/87/EC of the European Parliament and of the Council41 to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner, should be increased in a manner commensurate with this economy-wide net greenhouse gas emissions reduction target for 2030 and at the same time, constantly to assess the impacts of the EU ETS on the development of production and energy sectors in order to provide a tool to support the transition, not to attenuate the economic activity. _________________ 41 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 175 #
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 191 #
Proposal for a directive
Recital 14
Recital 14
(14) International maritime transport activity, consisting of voyages between ports under the jurisdiction of two different Member States or between a port under the jurisdiction of a Member State and a port outside the jurisdiction of any Member State, has been the only means of transportation not included in the Union's past commitments to reduce greenhouse gas emissions. Emissions from fuel sold in the Union for journeys that depart in one Member State and arrive in a different Member State or a third country have grown by around 36 % since 1990. Those emissions represent close to 90 % of all Union navigation emissions as emissions from fuel sold in the Union for journeys departing and arriving in the same Member State have been reduced by 26 % since 1990. In a business-as-usual scenario, emissions from international maritime transport activities are projected to grow by around 14 % between 2015 and 2030 and 34 % between 2015 and 2050. If the climate change impact of maritime transpHowever, this legislation would only affect 12 % of the sector’s emissions and morte activities grows as projected, it would significantly undermine reductions made by other sectors to combat climate changembitious multilateral agreements are required that will ensure the proper functioning of a global market such as that of maritime transport.
Amendment 193 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) The inclusion of the maritime sector must not promote carbon leakage or the delocalisation of certain activities to the ports of states bordering Europe and/or prior stops in non-European ports. The Commission shall ensure that the gradual integration of the sector does not affect activities such as fuel supply or the transshipment of containers.
Amendment 197 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Despite the targets imposed by the Green Deal, there is currently no technically and commercially viable non- carbon fuel alternative for maritime transport.
Amendment 231 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) A proportionate share of the money raised from penalties and allowances shall be allocated to a specific sectoral fund with the aim of reducing the existing price differential between conventional and alternative fuels and promoting the offering through greater investment in R&D (the ‘Sectoral Competitiveness Fund’).
Amendment 233 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) The Commission shall ensure that the administrative burden is reduced, especially for SMEs, with the aim of minimising possible distortions of competition that could have a negative impact on smaller enterprises.
Amendment 237 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The Commission shall produce a detailed impact study that addresses the implications of the expansion of the European Emissions Trading System to the maritime sector in terms of the economic and environmental impact of certain evasive practices that might develop through non-European ports of countries neighbouring the Union; with the aim of preventing delocalisation and carbon leakage, the Commission shall, if appropriate, submit specific proposals to extend the scope of the Directive to non- European ports bordering Union territories.
Amendment 241 #
Proposal for a directive
Recital 26
Recital 26
(26) Achieving the Union’s emissions reduction target for 2030 will require a reduction in the emissions of the sectors covered by the EU ETS of 61 % compared to 2005. The Union-wide quantity of allowances of the EU ETS needs to be reduced to create the necessary long-term carbon price signal and drive for this degree of decarbonisation. To this end, the linear reduction factor should be increased, also taking into account the inclusion of emissions from maritime transport. The latter should be derived from the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor.
Amendment 247 #
Proposal for a directive
Recital 27
Recital 27
Amendment 253 #
Proposal for a directive
Recital 27
Recital 27
Amendment 264 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public 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 should be used for climate-related purposes and for mitigation transformation risks. 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 23,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive]2021 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 296 #
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 measure that complements 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 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 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 yeargradually applying it once the CBAM has proved its effectiveness. 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 369 #
Proposal for a directive
Recital 38
Recital 38
Amendment 417 #
Proposal for a directive
Recital 43
Recital 43
Amendment 431 #
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43a) The Commission shall produce annual reports on the impact of the expansion of the European emissions trading system to European households and consumers; if necessary, the Commission shall present the actions required to prevent the new obligations on emissions trading ending up being passed on as indirect taxes and additional costs for European citizens.
Amendment 453 #
Proposal for a directive
Recital 45
Recital 45
Amendment 463 #
Proposal for a directive
Recital 46
Recital 46
Amendment 468 #
Proposal for a directive
Recital 47
Recital 47
Amendment 482 #
Proposal for a directive
Recital 48
Recital 48
Amendment 521 #
Proposal for a directive
Recital 52
Recital 52
Amendment 544 #
Proposal for a directive
Recital 54
Recital 54
Amendment 552 #
Proposal for a directive
Recital 55
Recital 55
Amendment 561 #
Proposal for a directive
Recital 56
Recital 56
Amendment 569 #
Proposal for a directive
Recital 57
Recital 57
Amendment 581 #
Proposal for a directive
Recital 58
Recital 58
Amendment 596 #
Proposal for a directive
Recital 59
Recital 59
(59) In order to ensure uniform conditions for the implementation of Articles 3gd(3), 12(3b) and 14(1) of Directive 2003/87/EC, implementing powers should be conferred on the Commission. To ensure synergies with the existing regulatory framework, the conferral of implementing powers in Articles 14 and 15 of that Directive should be extended to cover the sectors of road transport and buildings. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council65 . _________________ 65Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
Amendment 661 #
(v) ‘shipping company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council(*); where the ultimate responsibility for the acquisition of the fuel or the operation of the ship is assumed by a different entity as a consequence of a contractual arrangement, that entity shall be responsible for covering all the costs arising from the implementation of this Directive
Amendment 777 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
Article 3ge – paragraph 2
2. The Commission shall monitor the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requirements of this Directive. If appropriate, the Commission shall propose measures to prevent such avoidance that might develop through non-European ports of countries neighbouring the Union; with the aim of preventing delocalisation and carbon leakage, the Commission shall, if appropriate, submit specific proposals to extend the scope of the Directive to non- European ports bordering Union territories.
Amendment 799 #
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 %. 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 806 #
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 % 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 834 #
In addition, 23,5 % of the total quantity of allowances between [year following the entry into force of the Directive]2021 and 2030 shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb.
Amendment 903 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
Amendment 996 #
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
Article 10a – paragraph 1a
Amendment 1008 #
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 1073 #
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 accordance with Article 10a(8)the sectors concerned through specific sectoral funds to support innovation and the development of new technologies.;
Amendment 1151 #
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 10a – paragraph 6 – subparagraph 1 a (new)
Article 10a – paragraph 6 – subparagraph 1 a (new)
The list of sectors or subsectors considered as exposed to a genuine risk of carbon leakage due to significant indirect costs shall be determined following the methodology foreseen under Article 10b(1). Accordingly, sectors and subsectors in relation to which the product resulting from multiplying their intensity of trade by their indirect emission intensity, divided by their gross value added, exceeds 0,2, shall be deemed to be at risk of indirect carbon leakage. Furthermore the determination of eligibility shall include qualitative assessments, taking into account the criteria mentioned in Articles 10b(2), points (a), (b) and (c), and assessments at a 6-digit or an 8-digit level (Prodcom) for sectors for which the above mentioned product does not exceed 0,2 but exceeds 0,15 and for sectors that have previously been assessed at Prodcom level in the context of Article 10b. ;
Amendment 1165 #
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 10 – paragraph 8 – subparagraph 1
Article 10 – 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’) and to the development of measures to enhance the competitiveness of the sectors affected through sectoral competitiveness funds (the ‘Sectoral Competitiveness Fund’). 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 and competitiveness support as referred to in the first subparagraph.
Amendment 1235 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 1
Article 10d – paragraph 1 – subparagraph 1
A fund to support investments proposed by the beneficiary Member States, including the financing of small-scale investment projects, to modernise energy systems and improve energy efficiency shall be established for the period from 2021 to 2030 (the ‘Modernisation Fund’). The Modernisation Fund shall be financed through the auctioning of allowances as set out in Article 10, for the beneficiary Member States set out therein. This Fund will be accompanied by a fund to support competitiveness, enabling the sectors affected to invest in R&D with a view to reducing the price differential between conventional and alternative fuels (the ‘Sectoral Competitiveness Fund’).
Amendment 1252 #
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 – introductory part
Article 10d – paragraph 2 – introductory part
2. At least 80 % of the financial resources from the Modernisation Fund and Competitiveness Fund shall be used to support investments in the following:
Amendment 1263 #
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 10 – paragraph 2 – point a a (new)
Article 10 – paragraph 2 – point a a (new)
(aa) the development and availability of low-carbon fuels
Amendment 1414 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
Chapter IV a
Amendment 1536 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Decision (EU) 2015/2814
Article 1 – paragraph 4
Article 1 – paragraph 4
The total number of allowances in circulation in a given year shall be the cumulative number of allowances issued and not put in reserve in the period since 1 January 2008, including the number that were issued pursuant to Article 13(2) of Directive 2003/87/EC as in force until 18 March 2018 in that period and entitlements to use international credits exercised by installations under the EU ETS in respect of emissions up to 31 December of that given year, minus the cumulative tonnes of verified emissions from installations under the EU ETS between 1 January 2008 and 31 December of that same given year, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC.; The total number of allowances in circulation in a given year shall not take into account the amount of allowances held by entities that is not used to cover obligations under the EU ETS. The Commission is empowered to adopt implementing act to determine the number of allowances according to the previous sentence in accordance with the examination procedure referred to in Article 22a(2).
Amendment 1542 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Decision (EU) 2015/1814
Article 1 – paragraph 4 a – subparagraph 1
Article 1 – paragraph 4 a – subparagraph 1
As from [the year following the entry into force of this Directive]2026, the calculation of the total number of allowances in circulation shall include the number of allowances issued in respect of aviation and maritime transport since the beginning of that year, and the number of allowances surrendered by aircraft operators and ship operators in respect of emissions for which allowances are the units which can be used in respect of EU ETS obligations.
Amendment 1556 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
Amendment 1571 #
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 (EU) 2015/1814
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 of Directive 2003/87/EC, 100 millionthe corresponding number of 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 Article 29a paragraph 2 of Directive 2003/87/EC is applicable and fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph. ”; Or. en (Decision 2015/1814)
Amendment 1637 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 and 2 of this Directive by 31 December 2023[12 months after the date of entry into force of this Directive], at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 1662 #
Proposal for a directive
Annex I – paragraph 1 – point c – point vii
Annex I – paragraph 1 – point c – point vii
Directive 2003/87/EU
Annex I – table – last row – column 1
Annex I – table – last row – column 1
“Maritime transport Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or cargo for commercial purposes. Maritime transport activity by ships shall not include: (a) journeys carried out under a public service contract or subject to public service obligations under Regulation (EEC) No 3557/92 (b) journeys to and/or from the Union’s outermost regions, (c) journeys which, but for this point, would fall within this activity, being performed by a ship with total annual emissions lower than 10 000 tonnes.