Activities of Françoise GROSSETÊTE related to 2015/0148(COD)
Plenary speeches (2)
Cost-effective emission reductions and low-carbon investments (debate) FR
Cost-effective emission reductions and low-carbon investments (debate) FR
Amendments (73)
Amendment 62 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In accordance with the UNFCCC Paris agreement, all sectors of the economy must contribute to the reduction of CO2 emissions. To this end, efforts to limit international maritime emissions through the International Maritime Organisation are under way and must be encouraged, with the aim of establishing a clear IMO action plan for climate policy measures to tackle CO2 emissions from shipping at a global level. To this effect, the European Commission and Member States must focus on ensuring the implementation of Council Regulation 2015/757 of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, which is a prerequisite for any market-based measure, efficiency standard or other measure, whether applied at Union level or globally.
Amendment 63 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) In accordance with the UNFCCC Paris Agreement, all sectors of the economy must contribute to the reduction of CO2 emissions. Targets and measures agreed at an international level (such as in ICAO or IMO) shall be welcomed and shall achieve adequate reductions in emissions;
Amendment 65 #
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone full transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in global greenhouse gas emissions inand diversion of investments to third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies. Additional achievements in sectors not falling under the scope of the ETS and not subject to a risk of carbon leakage, such as is the case in the building sector, would lessen the efforts needed from Union industry.
Amendment 86 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In accordance with the Agreement adopted in Paris at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change of 12 December 2015 (the 'Paris Agreement') and in line with the commitment of the co-legislators expressed in Directive 2009/29/EC of the European Parliament and of the Council1a and Decision No 406/2009/EC of the European Parliament and of the Council1b , all sectors of the economy are required to contribute to the reduction of CO2 emissions. To this end, efforts to limit international maritime emissions through the International Maritime Organisation (IMO) are under way and should be encouraged, with the aim of establishing a clear IMO action plan for climate policy measures to reduce CO2 emissions from shipping at a global level. The adoption of clear targets to reduce international maritime emissions through the IMO has become a matter of great urgency and a prerequisite for the Union not to act further on the inclusion of the maritime sector within the EU ETS. __________________ 1aDirective 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63). 1bDecision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
Amendment 88 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In line with the Agreement adopted in Paris at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change of 12 December 2015 (the 'Paris Agreement'), all sectors of the economy should contribute to the reduction of CO2 emissions. To this end, efforts to limit international maritime emissions through the International Maritime Organisation (IMO) are under way and should be encouraged, with the aim of establishing a clear IMO action plan for climate policy measures to tackle CO2 emissions from shipping at a global level. Therefore, the Commission and Member States should focus on ensuring the implementation of Regulation (EU)2015/757 of the European Parliament and of the Council1a and its alignment with an international data-collection system, which is a prerequisite for any market- based measure, efficiency standard or other measure, whether applied at Union level or globally. __________________ 1a Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 96 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Council confirmed that a well-functioning, reformed EU ETS with an instrument to stabilise the market will be the main European instrument to achieve this target, with an annual reduction factor of 2.2% from 2021 onwards, free allocation not expiring but existing measures continuing after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies, without reducing the share of allowances to be auctioned. The auction share should be expressed as a percentage figureclarity on the amount of auctioned allowances in the legislation, to enhance planning certainty as regards investment decisions, to increase transparency and to render the overall system simpler and more easily understandable.
Amendment 104 #
Proposal for a directive
Recital 4
Recital 4
(4) It is a key Union priority to establish a resilient Energy Union to provide secure, sustainable, competitive and affordable energy to its citizens. Achieving this requires continuation of ambitious climate action with the EU ETS as the cornerstone of Europe’s climate policy, and progress on the other aspects of Energy Union17. Implementing the ambition decided in the 2030 frameworkf the EU ETS is to remain the main Union instrument, its interaction with other Union and national policies that have an impact on the demand for EU ETS allowances needs to be taken into account. Implementing the ambition decided in the 2030 framework and adequately addressing the progress on other aspects of the Energy Union contributes to delivering a meaningful carbon price and continuing to stimulate cost-efficient greenhouse gas emission reductions. __________________ 17 COM(2015)80, establishing a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy
Amendment 113 #
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone fullsuch a transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in global greenhouse gas emissions inand diversion of investments to third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies. Additional achievements in sectors not falling under the scope of the EU ETS and not subject to a risk of carbon leakage, in particular in the building sector and sustainable transport, will decrease the amount of effort needed from the Union’s industry.
Amendment 122 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiaall fully compensate, in accordance with state aid rules, certaindirect costs for installations in sectors or sub-sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. This objective must be achieved through a harmonised EU approach. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 131 #
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for thecarbon capture and storage of CO2(CCS) and carbon capture and use (CCSU), new renewable energy technologies and breakthrough innovation in low-carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for CO2 emissions which are permanently stored or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS and CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS and CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored or avoided on a sufficient scale, provided an agreement on knowledge sharing is in place. The majority of this support should be dependent on verified avoidance of greenhouse gas emissions, while some support may be given when pre-determined milestones are reached taking into account the technology deployed. The maximum percentage of project costs to be supported may vary by category of project.
Amendment 139 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partially compensate, in accordance with state aid rules, certain installations in sectors or sub-sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also address the social aspects of decarbonising their economies and use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 145 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiafully compensate, in accordance with state aid rules, certaindirect costs for installations in sectors or sub-sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. That objective should be achieved through a harmonised Union approach. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 152 #
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for thecarbon capture and storage of CO2(CCS) and carbon capture and use (CCSU), new renewable energy technologies and breakthrough innovation in low-carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for CO2 emissions which are permanently stored or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS and CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS and CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored or avoided on a sufficient scale, provided an agreement on knowledge sharing is in place. The majority of this support should be dependent on verified avoidance of greenhouse gas emissions, while some support may be given when pre-determined milestones are reached taking into account the technology deployed. The maximum percentage of project costs to be supported may vary by category of project.
Amendment 173 #
Proposal for a directive
Recital 14
Recital 14
(14) The existing provisions which are in place for small installations to be excluded from the EU ETS allow the installations which are excluded to remain so, and it should be made possible for Member States to update their list of excluded installations and for Member States currently not making use of this option to do so at the beginning of each trading period. Member States should ensure that alternative measures for installations that have opted out do not result in higher compliance costs. For small emitters covered by the EU ETS, monitoring, reporting and verification requirements should be simplified for such installations.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) In Article 3, the following point is added: (w) 'small emitter' means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year.
Amendment 183 #
Proposal for a directive
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 2003/87/EC
Article 3 – point u b (new)
Article 3 – point u b (new)
(-1d) In Article 3, the following point is added: '(ub) “small emitter” means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year;'
Amendment 201 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 Paragraph 1
Article 10 Paragraph 1
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 57%2%, which includes the 400 million allowances for the innovation fund.
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a a (new)
Article 1 – paragraph 1 – point 4 – point a a (new)
(aa) Up to 19% of the total quantity of allowances not allocated for free between 2021 and 2030 shall be auctioned to establish a harmonised compensation scheme as set out in article 10a, paragraph 6, of this Directive.
Amendment 241 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 57%2%, which includes the 400 million allowances for the innovation fund.
Amendment 251 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2003/87/EC
Article 10 paragraph 5
Article 10 paragraph 5
Amendment 267 #
Proposal for a directive
Article 1 – point 4 – point b b (new)
Article 1 – point 4 – point b b (new)
(bb) In paragraph 3, the introductory part is replaced by the following: '3. Member States shall determine the use of revenues generated from the auctioning of allowances. At least 750 % of the total revenues generated from the auctioning of allowances referred to in paragraph 2 , including all revenues from the auctioning referred to in paragraph 2, points (b) and (c), or the equivalent in financial value of theose revenues, shouldall be used for one or more of the following:'
Amendment 271 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 10a Paragraph 1
Article 10a Paragraph 1
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. This act shall also provide for additional allocation from the new entrants reserve for significant production increasevariations by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation.
Amendment 274 #
Proposal for a directive
Article 1 – point 4 – point b f (new)
Article 1 – point 4 – point b f (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point f
Article 10 – paragraph 3 – point f
(bf) In paragraph 3, point (f) is replaced by the following: '(f) to encourage a shift to low- emission and public forms of transport; and compensate electrified transport modes such as railways for their indirect EU ETS costs unless measures with an equivalent effect on other surface transport modes are taken.'
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
(aa) The allocation of free allowances shall be dynamic. On each period of 2 years over 2021-2030, Member States shall determine historical activity levels of each installation for the baseline period, based on the average production during the following periods: - from 1 January 2017 to 31 December 2018 for the allocation period 2021-2022, - from 1 January 2019 to 31 December 2020 for the allocation period 2023-2024, - from 1 January 2021 to 31 December 2022 for the allocation period 2025-2026, - from 1 January 2023 to 31 December 2024 for the allocation period 2027-2028, - from 1 January 2025 to 31 December 2026 for the allocation period 2029-2030.
Amendment 282 #
Proposal for a directive
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point l
Article 10 – paragraph 3 – point l
'(l) to create a just transition fund in order to cushion the social impact of the decarbonisation of their economies and promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy in close coordination with the social partners.'
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
Amendment 292 #
Proposal for a directive
Article 1 – point 4 – point d a (new)
Article 1 – point 4 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 4 a (new)
Article 10 – paragraph 4 – subparagraph 4 a (new)
(da) In paragraph 4, the following subparagraph is added: 'In that report Member States shall also communicate to the Commission the closures of electricity generation capacity as a result of national measures.'
Amendment 296 #
Proposal for a directive
Article 1 – point 4 – point d c (new)
Article 1 – point 4 – point d c (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
(dc) paragraph 5 is replaced by the following: '5. The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market including the implementation of the auctions, liquidity and the volumes traded. In its monitoring report, the Commission shall give particular attention to the risk of carbon and investment leakage. The report shall also address the interaction between the EU ETS, non-ETS and other climate and energy measures at Union and national level, and shall analyse the effects of various policy instruments on the level of demand for Union allowances and its consequences on the supply- demand balance in the carbon market. The Commission shall calculate the equivalent number of allowances for closures that are reported by Member States. If necessary, Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.'
Amendment 297 #
Proposal for a directive
Article 1 – point 4 – point d c (new)
Article 1 – point 4 – point d c (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 200/87/EC
Article 10 a – paragraph 2
Article 10 a – paragraph 2
Amendment 307 #
Proposal for a directive
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
The Commission ishall be empowered to adopt a delegated act in accordance with Article 23 to supplement this directive. This act shall also provide for additional allocation from the new entrants reserve for significant production increasevariations by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation.
Amendment 310 #
Proposal for a directive
Article 1 – point 5 – point a a (new)
Article 1 – point 5 – point a a (new)
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
(aa) In paragraph 1, subparagraph 3 is replaced by the following: 'The measures referred to in the first subparagraph shall, to the extent feasible, determine CommunityUnion-wide ex-ante benchmarks so as to ensure that allocation takes place in a manner that provides incentives for reductions in greenhouse gas emissions and energy efficient techniques, by taking account of the most efficient techniques, substitutes, alternative production processes, high efficiency cogeneration, efficient energy recovery of waste gases, sustainable use of biomass and capture and storage of CO2, where such facilities are available, and shall not provide incentives to increase emissions. No free allocation shall be made in respect of any electricity production, except for cases falling within Article 10c and, for non-grid connected offshore oil and gas platforms and for electricity produced from waste gases.'
Amendment 311 #
Proposal for a directive
Article 1 – point 5 – point a b (new)
Article 1 – point 5 – point a b (new)
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3 a (new)
Article 10a – paragraph 1 – subparagraph 3 a (new)
Amendment 321 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – introductory part
Article 10a – paragraph 2 – subparagraph 3 – introductory part
Amendment 330 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i
Article 10a – paragraph 2 – subparagraph 3 – point i
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mantargeted in accordance with the carbon leakage risk and shall in any case guarantee that 100% free allocation up to the level of the benchmarks is maintainerd.
Amendment 355 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
By way of derogation regarding the heat and fuel benchmark values, those benchmark values shall be determined on the basis of natural gas and harmonised reference efficiency values for separate production of heat as laid down in Directive 2012/27/EU on energy efficiency.
Amendment 372 #
Proposal for a directive
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mantargeted in accordance with the risk of carbon leakage and shall in any case guarantee that 100% free allocation up to the level of the benchmarks is maintainerd.
Amendment 377 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2003/87/EC
Article 10a Paragraph 6 – subparagraph 1
Article 10a Paragraph 6 – subparagraph 1
Member States should adopt financial measures in favour of installations in sectors or sub- sectors 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 receive harmonised financial compensation financed as set out in Article 10 for such costs, taking into account any effects on the internal market. Such financial measures to compensate part of these costs shall be in accordance with state aid rules. The compensation should be applied in a manner that prevents negative effects on the internal market and overcompensation. Where the amount of compensation as defined in Article 10 is not sufficient to compensate for all eligible costs, the amount of aid for all eligible installations is reduced uniformly. The Commission shall be empowered to adopt a delegated act for this purpose in accordance with Article 23.
Amendment 384 #
Proposal for a directive
Article 1 – point 5 – point d
Article 1 – point 5 – point d
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Amendment 401 #
Proposal for a directive
Article 1 – point 5 – point e – point i a (new)
Article 1 – point 5 – point e – point i a (new)
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1 a (new)
Article 10a – paragraph 7 – subparagraph 1 a (new)
(ia) the following subparagraph is inserted after subparagraph 1: 'An installation shall be deemed to have a significant production variation when it increases or decreases its activity level in a given calendar year by at least 5% compared to the activity level used for calculating the installation's allocation of emission allowances.'
Amendment 403 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i a (new)
Article 1 – paragraph 1 – point 5 – point e – point i a (new)
Amendment 408 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – first subparagraph
Article 10a – paragraph 8 – first subparagraph
400 million allowances shall be available to support, taken from the share of allowances to be auctioned, shall be available to support and leverage investments, using different instruments managed by the European Investment Bank, in innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2CCS and CCU as well as demonstration projects of innovative renewable energy technologies, energy conversion and storage, as well as electric battery development in the territory of the Union.
Amendment 417 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
400 million allowances shall be available to support, taken from the share of allowances to be auctioned, shall be available to support and leverage investments, using different instruments managed by the European Investment Bank, in innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2CCS and CCU as well as demonstration projects of innovative renewable energy technologies, energy conversion and storage, as well as electric battery development in the territory of the Union.
Amendment 434 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS, CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 6075% of the relevant costs of projects may be supported, out of which up to 450% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed.
Amendment 435 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – second subparagraph
Article 10a – paragraph 8 – second subparagraph
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS, CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 6075% of the relevant costs of projects may be supported, out of which up to 450% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed.
Amendment 438 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/…1814 shall supplement any existing resources remaining under this paragraph as a consequence of funds resulting from NER300 allowance auctions for the period between 2013 and 2020 not having been used, for projects referred to abovein subparagraphs 1 and 2, with projects in all Member States including small-scale projects, before 2021 and from 2018 onwards. Projects shall be selected on the basis of objective and transparent criteria, taking into account their relevance in relation to the decarbonisation of the sectors concerned. Projects supported under this subparagraph may also receive further support under subparagraphs 1 and 2.
Amendment 444 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – third subparagraph
Article 10a – paragraph 8 – third subparagraph
In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/… shall supplement any existing resources remaining under this paragraph as a consequence of funds resulting from NER300 allowance auctions between 2013 and 2020 not having been used, for projects referred to abovein subparagraphs 1 and 2, with projects in all Member States including small-scale projects, before 2021 and from 2018 onwards. Projects shall be selected on the basis of objective and transparent criteria, taking into account their relevance in relation to the decarbonisation of the related sectors. Projects supported under this subparagraph may also receive further support under sub-paragraphs 1 and 2.
Amendment 447 #
Proposal for a directive
Article 1 – point 5 – point i b (new)
Article 1 – point 5 – point i b (new)
Directive 2003/87/EC
Article 10a – paragraph 20
Article 10a – paragraph 20
(ib) paragraph 20 is replaced by the following: 'The Commission shall, as part of the measures adopted under paragraph 1, include measures for defining installations that partially cease to operate or significantly reduce their capacity, and measures for adapting, as appropriate, the level of free allocations given to them accordingly. Those measures shall provide flexibility for industry sectors where capacity is regularly transferred between operating installations in the same company.'
Amendment 457 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall be deemed to be at high risk of carbon leakage. Such sectors and sub- sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a. To ensure a level playing field for the production of hydrogen and syngas in refineries and chemical plants, hydrogen and syngas shall continue to be deemed to be at the same risk of carbon leakage as the refinery sector.
Amendment 457 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 2003/87/EC
Article 10a Paragraph 1
Article 10a Paragraph 1
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall be deemed to be at high risk of carbon leakage. Such sectors and sub- sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a. To ensure a level playing field for the production of hydrogen and syngas in refineries and chemical plants, hydrogen and syngas shall continue to be deemed to be at the same risk of carbon leakage as the refinery sector.
Amendment 471 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory sentence
Article 10b – paragraph 2 – introductory sentence
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18below 0,2 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment, based on a detailed impact assessment and taking into account sectors and sub-sectors at the relevant level, either at PRODCOM or NACE codes, using the following criteria:
Amendment 480 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c
Article 10b – paragraph 2 – point c
(c) profit margins or the inability to pass on carbon costs as a potential indicator of long-run investment or relocation decisions.
Amendment 484 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is abovebelow 0.182 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment, based on a detailed impact assessment and taking into account sectors and sub-sectors at the relevant level, either at PRODCOM or NACE codes, using the following criteria:
Amendment 488 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c d (new)
Article 10b – paragraph 2 – point c d (new)
Amendment 488 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory part
Article 10b – paragraph 2 – introductory part
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18,12, as well as sectors that were deemed at risk of carbon leakage between 2013 and 2020 and that have a trade intensity of at least 40 %, may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 499 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c
Article 10b – paragraph 2 – point c
(c) profit margins or the inability to pass on carbon costs as a potential indicator of long-run investment or relocation decisions.
Amendment 502 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
(c a) (d) level of potential competition distortion among sectors and sub-sectors
Amendment 505 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
4. By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4-digit level (NACE-4 code)n appropriate NACE or PRODCOM code level for the relevant sector as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
Amendment 510 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices, and shall be deemed at low carbon leakage risk. They shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 524 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code)n appropriate NACE or PRODCOM code level for the relevant sector as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
Amendment 543 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 1
Article 10 c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 or 2014 a GDP per capita in € at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity productionelectricity and heat generators, including district heating, for the modernisation of the energy sector.
Amendment 565 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 3
Article 10c – paragraph 2 – subparagraph 3
Where investments with a value of less than €EUR 10 million are supported with free allocation, the Member State shall select projects based on objective and transparent criteria. Those criteria shall be subject to public consultation, ensuring full transparency and accessibility of relevant documents, and fully take into account comments raised by stakeholders. The results of this selection process shall be published for public commentnsultation. On this basis, the Member State concerned shall establish and submit a list of investments to the Commission by 30 June 2019.
Amendment 660 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 712 #
Proposal for a directive
Article 1 – point 22 f (new)
Article 1 – point 22 f (new)
Directive 2003/87/EC
Article 30 a (new)
Article 30 a (new)
(22f) The following Article is inserted: 'Article 30a Adjustments upon global stocktake under the UNFCCC and the Paris Agreement Every 5 years, in line with the regular reviews foreseen in the Paris Agreement, the Union shall assess its INDC in the context of global mitigation efforts following a global stocktake of nationally- determined contribution. The Commission shall submit a report assessing, in particular, the following elements: the implication of the options required at Union level; the efforts undertaken by other major economies; the Union industries' competitiveness in the context of carbon and investment leakage risks as well as the impact on the Union's industrialisation target of 20%. If, on that basis, the Commission deems it necessary to submit a legislative proposal to amend this Directive it shall in parallel present a full impact assessment and take into account the differentiated abilities and costs of decarbonisation in the power and industrial sectors covered by the EU ETS.'
Amendment 727 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 743 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Directive 2003/87/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(12b) in Article 14, paragraph 1, a new subparagraph is added: ' That regulation shall also determine simplified monitoring, reporting and verification procedures for small emitters.'
Amendment 762 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 768 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1 – point (a)
Article 27 – paragraph 1 – point (a)
Amendment 769 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Article 1 – paragraph 1 – point 23 b (new)
(23b) The following Article 28a(new) is added: Every 5 years, in line with the regular reviews foreseen in the Paris Agreement, the EU will assess its INDC in the context of global mitigation efforts following a global stocktake of nationally-determined contribution. The Commission shall submit a report assessing, in particular, the following elements: the implication of the options required at Union level; the efforts undertaken by other major economies, including developing countries; the Union industries' competitiveness in the context of carbon and investment leakage risks as well as the impact on the EU's industrialisation target of 20%. If, on that basis, the Commission deems it necessary to submit a legislative proposal to amend this Directive it shall in parallel present a full impact assessment and take into account the differentiated abilities and costs of decarbonisation in the power and industrial sectors covered by the EU ETS;