BETA

14 Amendments of Hannes SWOBODA related to 2008/0013(COD)

Amendment 94 #
Proposal for a directive – amending act
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules ("benchmarks") in order to minimise distortions of competition with the Community. TWithout prejudice to sector specific criteria these rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, generally applicable alternative production processes, use of biomass, renewables and greenhouse gas capture and storagethe potential including the technical potential to reduce emissions. Any such rules should not give incentives to indecrease emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading periospecific emissions. Allocations based on benchmarks must be fixed so as to enable the market to function properly . They shall also avoid undue distortions of competition on the markets for electricity and heat supplied to industrial installations. These rules should also apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned. , with the exception of electricity produced from waste gases from industrial production processes. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned. In defining the principles for setting benchmarks in individual sectors, the Commission should consult with the social partners of the sectors concerned.
2008/06/23
Committee: ITRE
Amendment 105 #
Proposal for a directive – amending act
Recital 19
(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy- intensive sectors and sub-sectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community will allocate allowances free of charge up to 100% to sectors or sub-sectors meeting the relevant criteria, depending on the risk of carbon leakage. Based on the potential for a significant loss of market share to installations outside the Community not taking comparable action to reduce emissions, a list of energy intensive industry sectors exposed to the risk of carbon leakage should be attached as an Annex to this Directive. The Community will continue to allocate allowances free of charge to sectors or sub-sectors meeting the relevant criteria which determine carbon leakage risk. The definition of these sectors and sub-sectors and the measures required will be subject to re-assessment to ensure that action is taken where necessary and to avoid overcompensation. For those specific sectors or sub-sectors where it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, the action taken may take into account the electricity consumption in the production process, without changing the total quantity of allowances.
2008/06/23
Committee: ITRE
Amendment 108 #
Proposal for a directive – amending act
Recital 20
(20) The Commission should therefore review the situation by June 2011 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify whichIn order to ensure the efficiency of the European emission allowance trading system and prevent European restrictions from prompting industry to move to countries with less stringent environmental restrictions - preventing a decrease in global emissions - energy- intensive industry sectors orand sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It should base its analysis on the assessment of the inability to pass on the cost of requsubject to international competition need to introduce an efficient system enabling Community installations to be placed on the same footing as thired allowances in product prices without significant loss of market share tocountry installations, inter alia by subjecting importers to requirements comparable to those set by European Union installations outsidethrough the Ccommunity not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amountpulsory surrender of allowances. This mechanism is intended for use only vis-à-vis countries which, following an international agreement, in the case of developed countries, have failed to give undertakings comparable to those assumed by the European Union in terms of fgree allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries onhouse gas emission reduction or, in the case of emerging countries, have failed to introduce new and appropriate actions which are measurable, reportable and verifiable in a ccomparable footing. Such a system coulrdance with the road mapply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular adopted at the Bali Conference. The Commission should identify sectors likely to be subject to carbon leakage on the basis of highly specific criteria so as to ensure that the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreementsk of carbon leakage is properly estimated and to avoid any over- compensation. The border adjustment mechanism should be consistent with the Community’s international obligations, particularly as regards the WTO.
2008/06/23
Committee: ITRE
Amendment 116 #
Proposal for a directive – amending act
Recital 20
(20) The Commission should therefore review the situation by June 2011 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify which energy intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It should base its analysis on the assessment of the inability to pass on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. ItThe issue of securing raw materials supplies in the European Union should also be taken into account. Action taken would also need to be in conformity with the international obligations of the Community including the WTO agreement.
2008/06/23
Committee: ITRE
Amendment 152 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u a (new)
(ua) ‘Sectors exposed to a significant risk of carbon leakage’ means sectors identified in accordance with the criteria set out in Article 10a(9) and listed in Annex 1a.
2008/06/26
Committee: ITRE
Amendment 200 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 - subparagraph 1
1. The Commission shall, by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
2008/06/26
Committee: ITRE
Amendment 210 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The Commission shall consult the social partners of the sectors concerned, in defining the principles for setting benchmarks in those sectors.
2008/06/26
Committee: ITRE
Amendment 215 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account Through the use of benchmarks. Without prejudice to sector specific criteria, account shall be taken of the most efficient techniques, substitutes, generally applicable alternative production processes, use of biomass and greenhouse gas capture and storage, andthe potential including the technical potential to reduce emissions. The measures shall not give incentives to indecrease specific emissions. No free allocation shall be made in respect of any electricity production, with the exception of electricity produced from waste gases from industrial production processes. Where a waste gas from a production process is used as a fuel, allowances shall be allocated to the operator of the installation generating the waste gas with the same allocation principles as applied for that installation.
2008/06/26
Committee: ITRE
Amendment 266 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
No free allocation shall be made in respect of any electricity production by new entrants, with the exception of electricity produced from waste gases from industrial production processes. Where a waste gas from a production process is used as a fuel, allowances shall be allocated to the operator of the installation generating the waste gas with the same allocation principles as applied for this installation.
2008/06/30
Committee: ITRE
Amendment 294 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
8. ISubject to Article 10b, in 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated up to 100 percent allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 21 to 63 and without changing the total quantity of allowances according to Article 9. This includes installations which can not be allocated to specific sectors.
2008/06/30
Committee: ITRE
Amendment 304 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
9. At the latest by 30 June 2010 and every 3 years thereafter the Commission shall determine the sectors referred to in paragraph 8. All social partners concerned shall be consulted.
2008/06/30
Committee: ITRE
Amendment 305 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
9. At the latest by 30 June 2010 and every 3 years thereafter09 the Commission shall determine the sectors referred to in paragraph 8 and the percentage of free allowances received by the installations in those sectors.
2008/06/30
Committee: ITRE
Amendment 309 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 4 a (new)
In the determination referred to in the first subparagraph the Commission shall also take into account the need for raw materials security in the Community.
2008/06/30
Committee: ITRE
Amendment 314 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Measures to support certain energy intensive industries in the event of carbon Not later than June 2011, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include: – adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; – inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. Requirement for importers to surrender allowances leakage 1. As from 1 January 2013, importers of products determined in accordance with the conditions laid down in paragraph 2 below and for which a methodology has been established in accordance with the conditions laid down in paragraph 3 shall be, respectively, required to surrender allowances or authorised to receive free allowances in accordance with the procedures laid down in paragraph 3. 2. The products giving rise to the provisions of paragraph 1 are those which present a risk of carbon leakage and which come from countries which, in the case of developed countries, have not undertaken commitments comparable to those of the European Union in terms of reducing greenhouse gas emissions and, in the case of emerging countries, have not put in place appropriate new actions which can be measured, communicated and verified. In the light of the outcome of the international negotiations, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall establish, by 30 June 2010, a list of the countries of origin affected by these provisions. Also in the context of the procedure provided for in Article 23(2), the Commission shall establish a list of sectors and products giving rise to those provisions by assessing the risk of emissions leakage based on the sectors referred to in Article 10a(8) and the following criteria: (a) the impact of the emissions trading scheme, in terms of marginal cost (including through an opportunity cost) in the case of a free allocation or average cost in the case of an auction, on production costs; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels, for instance by using the most efficient technologies; (c) market structure, relevant geographic and product market and exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented, outside the EU in the sectors concerned; (e) predictable changes in global and regional demand for each sector; (f) the cost of transport of goods for the sector; (g) the cost of investing in the construction of a new production unit for the sector in question. The provisions laid down in paragraph 1 shall not apply to imports of goods produced in countries or regions linked to the EU emissions trading scheme under the provisions of Article 25 of this Directive. 3. The quantity of allowances which importers shall be required to surrender shall be equivalent to the difference between: - on the one hand, the average greenhouse gas emission per tonne produced resulting from the Community- wide production of the goods concerned, multiplied by the tonnage of imported goods. In this second calculation, the average emission may be replaced by a more favourable emission factor if the importer is able to provide proof, on the basis of an audit carried out by a verifying entity accredited by the European Union, that the production process at the origin of his products produces lower emissions than the European average; and, on the other hand, the average quantity of free allowances for the production of those products Community- wide. The difference between the first and second aggregate shall determine, if positive, the quantity of allowances which the importers are required to surrender, or, if negative, the quantity which they may receive free of charge. To determine the average quantity of greenhouse gas resulting from the Community-wide production of various goods or categories of goods, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall take into account the reported emissions, verified in accordance with the conditions laid down in Article 14. 4. To facilitate the establishment of the method for calculating the surrender of allowances on import in accordance with paragraph 3, the Commission may require operators to report on the manufacture of the products concerned, and require independent verification of that reporting in accordance with the guidelines adopted pursuant to Articles 14 and 15. Those requirements may include reporting on the levels of emissions covered by the EU emissions trading scheme which are associated with the manufacture of each product or category of products. 5. A regulation adopted in accordance with the procedure provided for in Article 23(2) shall lay down the conditions for surrender or free allocation of allowances for importers. That regulation shall also set out the conditions under which importers to whom this article applies shall declare the necessary surrender of allowances with regard to the quantity of goods imported. 6. The total quantity of allowances which the Member States may auction in accordance with Article 10 shall be increased by the quantity of allowances surrendered by importers to meet the requirement referred to in paragraph 1, and reduced by the quantity of allowances received by importers pursuant to that same paragraph. These variations shall be divided up among the Member States in accordance with the rules laid down in Article 10(2). 7. The additional auction revenue generated by the requirement for importers to surrender allowances shall be divided up among the Member States in accordance with the procedures provided for in paragraph 6. The Member States shall pay 50% of that additional revenue into the global adaptation fund. 8. To meet their surrender requirement under paragraph 1, importers may use allowances, ERUs and CERs up to the percentage used by operators during the preceding year, or allowances from the emissions trading scheme of a third country which is recognised as corresponding to a level of constraint equivalent to that of the Community scheme. 9. Not later than June 2010, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals for, in particular, adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a. The report shall also describe the progress of the implementing measures for setting up a border adjustment mechanism as provided for in paragraphs 1 to 8. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate.
2008/06/30
Committee: ITRE