33 Amendments of Colm MARKEY related to 2021/0207(COD)
Amendment 38 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The EU ETS should contribute to effectively decarbonising air transport activities as much as possible. The transition from fossil fuels to sustainable aviation fuels will play a considerable role in that process. However, considering the high level of competition between aircraft operators and the important price differential between fossil kerosene and sustainable aviation fuels, this transition should be supported through economic incentives that reflect the environmental benefit of sustainable aviation fuels and make them more competitive for aircraft operators thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to individual aircraft operators, in proportion to the amount of sustainable aviation fuels used and reported. The amount of free allowances allocated for free should be adjusted with multipliers in order to take into account that some types of sustainable aviation fuels deliver higher environmental benefits and are more costly to purchase for aircraft operators. The Commission should regularly review the level of the multipliers based on fuels market price information available in the report published by the European Union Aviation Safety Agency pursuant to Article 12 of the Regulation on ensuring a level playing field for sustainable air transport.
Amendment 39 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The further greening of air travel is not possible without significant advances in technology and its uptake by the market, which requires earmarking, for the purpose of R&D investment exclusively in the aviation sector, revenues generated from the purchase of EU ETS allowances by aircraft operators. Aircraft operators should benefit from projects financed through revenues generated by EU ETS allowances proportionately to the share of total EU ETS allowances purchased by every aircraft operator.
Amendment 42 #
Proposal for a directive
Recital 10 c (new)
Recital 10 c (new)
(10c) When necessary, the Commission should review the Monitoring and Reporting Regulation and its guidance material, to ensure that the use of all types of sustainable aviation fuels, as defined in the Regulation on ensuring a level playing field for sustainable air transport, can be reported under the EU ETS.
Amendment 43 #
Proposal for a directive
Recital 10 d (new)
Recital 10 d (new)
(10d) Free allowances should also be allocated to individual aircraft operators, in proportion to their share of flights using best available aircraft technology, which reflects latest generation aircraft within each of the aircraft types on a non- discriminatory basis. Such list of aircraft performing with margins to the New Type ICAO CO2 standard was defined by the Platform on Sustainable Finance in its [preliminary[1]]recommendations for technical screening criteria for the EU taxonomy, and should provide the basis for the Commission to issue its taxonomy delegated act in accordance with the EU Taxonomy Regulation 2019/2088.1a _________________ 1aInternal note: The preliminary report was published on 3 August 2021 and is due to be finalised in March 2022. The draft report is available: https://ec.europa.eu/info/publications/210 803-sustainable-finance-platform- technical-screening-criteria-taxonomy- report_en
Amendment 44 #
Proposal for a directive
Recital 10 e (new)
Recital 10 e (new)
(10e) Each operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year – to the competent authorities who shall request that the reported data is substantiated and verify the data. To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances.
Amendment 54 #
Proposal for a directive
Recital 14
Recital 14
(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance for flights to or from third countries that are considered to be participating in CORSIA. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, the credits should originate from states that are parties to the Paris Agreement and that participate in CORSIA,All offset credits under CORSIA should remain available to all carriers and double counting of credits should be avoided.
Amendment 60 #
Proposal for a directive
Recital 17
Recital 17
(17) For CORSIA implementation on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, surrender obligations should be decreased for Union-based aircraft operators operating these flights. Aircraft operators’ surrender obligations for these flights should be decreased to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application according to a baseline determined by the ICAO Council.
Amendment 76 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The Commission should monitor, evaluate and report the potential risk of carbon leakage and distortion of competition following implementation of this Directive and, where appropriate, propose amendments in order to address and further prevent such adverse impacts.
Amendment 77 #
Proposal for a directive
Recital 22 b (new)
Recital 22 b (new)
(22b) No later than by 31 December a year after the entry into force of this Directive, the Commission should assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, flight fares rates and ability of the aviation sector to pass on the cost of required emission units, household purchasing power, the magnitude of carbon leakage, the loss for European tourism destinations, the condition of European tourism sector and the reduction of connectivity on less- connected EU regions, among others by means of a comprehensive impact assessment of the Fit for 55 package.1a Following its result, the Commission should determine whether it is justified to revise this Directive, and, where appropriate, it should submit a legislative proposal for that purpose in order to reach global GHG emissions reduction in the most cost effective way and preserve a level-playing field. _________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.
Amendment 86 #
Proposal for a directive
Recital 25
Recital 25
(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member Stateto and from an outermost region, between two different outermost regions and between islands inside outermost regions.
Amendment 97 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The Commission should consider possible amendments to Directive 2003/87/EC with regard to regulatory simplification. The Commission and Member State authorities should continuously adapt to best practice administrative procedures and take all measures to simplify the implementation of Directive 2003/87/EC, keeping administrative burdens to a minimum.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Directive 2003/87/EC
Article 3 c – paragraph 7
Article 3 c – paragraph 7
7. By way of derogation from Articles 12(2a3b), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 2030 from flights betweento and from an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State outside that, from flights between two different outermost regions and between islands inside outermost regions.;
Amendment 128 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 2003/87/EC
Article 3 d – paragraph 4
Article 3 d – paragraph 4
4. Member States shall determine the use of revenues generated from the auctioning of allowances covered by this Chapter, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union. Member States shall use the revenues generated from the auctioning of allowances in accordance with Article 10(3).; Revenues generated from the auctioning of allowances to aircraft operators shall be used to advance research and development in relation to aircraft efficiency, deployment of decarbonisation solutions, the production of SAF and the environmental performance of the aviation sector; Revenues shall take into account carrier contributions and be based on proposals that most effectively achieve the objective of decarbonising the sector and scaling up SAF production. Member States shall publish in an accessible fashion all information related to projects financed from EU ETS from aviation. Resources from the Innovation Fund shall be allocated to scale up SAF, and to reduce the cost of supplying SAF to Union airports, where the difference between the average cost of SAF and the real cost of SAF supplied in site is more than the difference between the average cost of jet fuel and the real cost of jet fuel supplied in site.
Amendment 132 #
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 3 – subparagraph 2 a (new)
Article 10 – paragraph 3 – subparagraph 2 a (new)
Amendment 135 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 2003/87/EC
Article 3 d a (new)
Article 3 d a (new)
Amendment 142 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2003/87/EC
Article 3 e (new)
Article 3 e (new)
Amendment 151 #
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 11 a – paragraph 2
Article 11 a – paragraph 2
Amendment 157 #
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 11 a – paragraph 8
Article 11 a – paragraph 8
8. The Commission shall adopt an implementing act listing credits which, have been considered eligible by the ICAO Council, and that fulfil the conditions laid down in paragraphs 2 and 3. The Commission shall amend that list as appropriate. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – point b
Article 12 – paragraph 6 – subparagraph 1 – point b
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I to this Directive and by Article 2(3) and (4) of Commission Delegated Regulation (EU) 2019/16031a, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019.21. _________________ 1aCommission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (Text with EEA relevance.)OJ L 250, 30.9.2019, p. 10–13
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 18 a – paragraph 3 – point b
Article 18 a – paragraph 3 – point b
(b) as from 2024[year entry into force of this Directive], at least every two years, update the list to include aircraft operators which have subsequently performed an aviation activity listed in Annex I.;
Amendment 174 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 6
Article 25 a – paragraph 6
6. In respect of emissions from flights to and from Least Developed Countries and Small Island Developing States as defined by the United Nations, other than those countries whose GDP per capita equals or exceeds the Union average and those countries listed in the implementing act adopted pursuant to paragraph 3, aircraft operators shall not be required to cancel units.
Amendment 181 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Article 1 – paragraph 1 – point 9 a (new)
Directive 2003/87/EC
Article 30 (new)
Article 30 (new)
(9a) The following Article 30 (new) is added: Article 30 Carbon adjustment measure To avoid carbon leakage and distortion of competition, an adjustment measure should be adopted for the proportion of EU ETS-costs on intra-EEA flights allocated to passengers transferring to a final destination outside the EU and vice versa. This adjustment measure is calculated as follows per airline: a. In accordance with Annex IV and by 31 March of each year, airlines operating flights where the Treaty applies, shall report to the National Competent Authority and the Verifier for every city pair the annual fuel consumption on individual connections and the ratio of the number of passengers with connecting flights into or out of the EEA("transfer passengers") to the total number of passengers on this connection ("passengers"); b. The adjustment for each city pair equals:(number of transfer passengers / total number of passengers) x fuel consumption x emission factor; c. The cumulative amount of this adjustment for all city pairs together is deducted from the total amount of verified emissions for which the corresponding allowances are to be surrendered by an airline in that same period.
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Article 1 – paragraph 1 – point 9 b (new)
Directive 2003/87/EC
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Annex I
Annex I
(a) the aircraft operator holds an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State;
Amendment 184 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Annex I
Annex I
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) state flights; (ii) humanitarian flights; (iii) medical flights; (iv) military flights; (v) firefighting flights..
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 Directive 2003/87/EC
Article 1 – paragraph 1 – point 10 Directive 2003/87/EC
(ma ) flights to and from an outermost region, between two different outermost regions and between islands inside outermost regions.
Amendment 190 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Directive 2003/87/EC
Article 3 g e (new) – paragraph 2 a (new)
Article 3 g e (new) – paragraph 2 a (new)
Article 1a In Article 3ge (new) a new paragraph 2a is added: 2a. No later than by 31 December two years after the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in the labour market, transport freight rates, household purchasing power and the magnitude of carbon leakage among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level-playing field.
Amendment 191 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2023of the subsequent year to the year of entry into force of this Directive. They shall immediately communicate the text of those measures to the Commission.
Amendment 192 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Directive 2003/87/EC
Article 3 a
Article 3 a
(-1) the Article 3a is replaced by the following: Scope Articles 3b to 3f shall apply to the allocation and issue of allowances in respect of aviation activities listed in Annex I. Articles 3g to 3ge shall apply in respect of the maritime transport activities listed in Annex I.
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 (new)
Article 1 – paragraph 1 – point 3 (new)
Directive 2003/87/EC
Article 5 – paragraph 1 – point d a (new)
Article 5 – paragraph 1 – point d a (new)
Amendment 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)
Article 1 – paragraph 1 – point 4 b (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point k a (new)
Article 10 – paragraph 3 – point k a (new)
(4b new) In Article 10 - paragraph 3, the following point ka is added: (ka) Member States shall annually report to the Commission on the use of revenues and the actions taken pursuant to this paragraph and in line with Decision No 280/2004/EC. The Commission shall subsequently make that information publicly available together with recommendations on how to improve such usage.
Amendment 197 #
Proposal for a directive
Article 1- paragraph 1 – point 7 a (new)
Article 1- paragraph 1 – point 7 a (new)
Directive 2003/87/EC
Article 21 – paragraph 4 a
Article 21 – paragraph 4 a
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new) Directive 2003/87/EC
Article 1 – paragraph 1 – point 7 b (new) Directive 2003/87/EC
(7b) The following Article 21a (new) is added: Article 21a The Commission shall consider possible amendments to this Directive with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum. The Commission shall present, by [1 year before the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” prinicple1,proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors