Activities of Linda McAVAN related to 2008/0013(COD)
Plenary speeches (1)
Greenhouse gas emission allowance trading system (debate)
Amendments (39)
Amendment 73 #
Proposal for a directive – amending act
Recital 10
Recital 10
(10) Where equivalent measures to reduce greenhouse gas emissions, in particular taxation, are in place for small installations whose emissions do not exceed a threshold of 1025 000 tonnes of CO2 per year, there should be a procedure for enabling Member States to exclude such small installations from the emissions trading system for so long as those measures are applied. This threshold relatively offers the maximum gain in terms of reduction of administrative costs for each tonne excluded from the system, for reasons of administrative simplicity. As a consequence of the move from five-year allocation periods, and in order to increase certainty and predictability, provisions should be set on the frequency of revision of greenhouse gas emission permits. In respect of installations which are excluded from the Community scheme, the quantity of allowances to be issued from 1 January 2013 should be adjusted downwards by a corresponding amount.
Amendment 97 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) Given the considerable efforts of combating climate change and of adapting to its inevitable effects, it is appropriate that at least 20% of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for reducing emissions and adaptation, to develop renewable energies to meet the EU’s commitment to using 20% renewable energies by 2020, to meet the commitment of the Community to increase energy efficiency by 20% by 2020, for the capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund, for measures to avoid deforestation and facilitate adaptation in developing countries, and for addressing social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxes. In addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. Provisions should be included on monitoring the use of funds from auctioning for these purposes. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the Treaty.
Amendment 108 #
Proposal for a directive – amending act
Recital 15 a (new)
Recital 15 a (new)
(15a) Energy is a basic human need, yet a growing number of EU citizens are unable to afford their energy bills and are becoming what is known as energy poor. Vulnerable customers including the elderly, disabled people and low income households are most affected. Member States should, therefore, develop national action plans to tackle energy poverty and ensure the necessary energy supply for vulnerable customers. Part of the auctioning revenue should be spent on measures to alleviate energy poverty.
Amendment 125 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Consequently, full auctioning should be the rule from 2013 onwards for the power sector, taking into account their ability to pass on the increased cost of CO2, and no free allocation should be given for carbon capture and storage as the incentive for this arises from allowances not being required to be surrendered in respect of emissions which are stored. Electricity generators may receive free allowances for heat produced through high efficiency cogeneration as defined by Directive 2004/8/EC in the event that such heat produced by installations in other sectors were to be given free allocations, in order to avoid distortions of competition. Where any electricity production is generated through high efficiency cogeneration by installations other than electricity generators, the detailed methodology for calculating the free allowances for the heat associated with this electricity supply should take full account of all the carbon savings associated with high efficiency cogeneration.
Amendment 184 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should therefore review the situation by June 20110 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 JuneSeptember 20109. 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. It would also need to be in conformity with the international obligations of the Community including the WTO agreement.
Amendment 205 #
Proposal for a directive – amending act
Recital 30 a (new)
Recital 30 a (new)
(30a) The Commission and Member States should continue to put pressure on the International Maritime Organisation to establish a global cap-and-trade system for the shipping sector. If such a system has not been put in place by the end of 2009, the Commission should bring forward a legislative proposal to include the shipping sector in the Community scheme by 2013.
Amendment 206 #
Proposal for a directive – amending act
Recital 30 b (new)
Recital 30 b (new)
(30b) The Commission should publish a review by 31 December 2010 on the viability of including the road transport sector, particularly the freight sector, within the Community scheme.
Amendment 207 #
Proposal for a directive – amending act
Recital 32
Recital 32
Amendment 233 #
Proposal for a directive – amending act
Article 1 – point 2 – point (b)
Article 1 – point 2 – point (b)
Directive 2003/87/EC
Article 3 – point (h)
Article 3 – point (h)
(h) '"new entrant'" means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit or an update of its greenhouse gas emission permit due to a significant change in the nature or functioning of the installation, or an increase in its capacity of at least [ ] %, subsequent to the submission to the Commission of the list referred to in Article 11(1);
Amendment 263 #
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2003/87/EC
Article 3 c – paragraph 2
Article 3 c – paragraph 2
Amendment 267 #
Proposal for a directive – amending act
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 2003/87/EC
Article 4
Article 4
Amendment 283 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/87/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
The Commission shall, by 30 June 2010, publish the absolute quantity of allowances for 2013, based on the total quantities of allowances issued or to be issued by the Member States in accordance with the Commission Decisions on their national allocation plans for the period 2008 to 2012.
Amendment 290 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 9a – paragraph 3
Article 9a – paragraph 3
3. The Commission shall publish the adjusted quantities referred to in paragraphs 1 and 2 by 30 September 2010.
Amendment 292 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 9a – paragraph 3 a (new)
Article 9a – paragraph 3 a (new)
3a. In respect of installations which are excluded from the Community scheme in accordance with Article 27, the quantity of allowances to be issued from 1 January 2013 shall be adjusted downwards by the total average verified emissions of those installations in 2005 to 2007 minus 21% of those emissions; this amount corresponds to the reductions required of installations under the Community scheme to achieve at least a 20% reduction in greenhouse gas emissions below 1990 levels. When an international agreement on climate change has been concluded, the quantity of allowances that are adjusted downwards under this paragraph shall be decreased to reflect the revised reduction in greenhouse gas emissions below 1990 levels.
Amendment 321 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3 - introduction
Article 10 - paragraph 3 - introduction
3. At least 20% of the rRevenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in point (b) thereof, should be used for the following:
Amendment 339 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3 - point f
Article 10 - paragraph 3 - point f
(f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; andvulnerable and in particular low income households, who have difficulty paying their energy bills and are victims of energy poverty. Such measures should include financial assistance and measures to improve the energy efficiency of housing.
Amendment 357 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 5
Article 10 - paragraph 5
5. By 31 December 20109, the Commission shall adopt a Regulation on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. Auctions shall be designed to ensure that operators, and in particular any small and medium size enterprises covered by the Community scheme, have full access and any other participants do not undermine the operation of the auction. That measure, 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)].
Amendment 378 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, by 30 June1 December 201109, 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.
Amendment 409 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
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 of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase 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 in accordance with the same allocation principles as applied for that installation.
Amendment 410 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
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 of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase 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, self-supply of electricity through highly efficient means and the auto-consumption of electricity generated through high efficiency cogeneration as defined by Directives 2004/8/EC and 2007/74/EC; such allocations shall be made following the same allocation principles as applied to the installation as a whole.
Amendment 457 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9. The production of heat is defined as high efficiency cogeneration if it meets the criteria in Annex III of Directive 2004/8/EC and satisfies the harmonised efficiency reference values set out in Commission Decision 2007/74/EC.
Amendment 467 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
4. The maximumtotal amount of allowances that is the basis for calculating allocations to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceedbe equal to, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding verified emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary.
Amendment 476 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. The maximumtotal amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceedbe equal to, in 2013, the total average verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9.
Amendment 482 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5 a (new)
Article 10a – paragraph 5 a (new)
5a. Subject to the rules on free allocation in this Article, the total amount of allocations identified in paragraphs 4 and 5 shall be divided between sectors on the basis of their shares of 2005-2007 verified emissions. Each installation within a sector may receive an allocation from the amount attributable to its sector under the measures adopted under paragraph 1.
Amendment 483 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Amendment 500 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6a (new)
Article 10a – paragraph 6a (new)
Amendment 543 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9
Article 10a - paragraph 9
9. At the latest by 30 JuneSeptember 20109 and every 3 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measure, 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)]. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible at Community level for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices, based on a range of plausible carbon prices, without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following quantitative criteria: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b calculated as a proportion of Gross Added Value or, where these data are not available to an appropriate level, as a proportion of total production costs; (b) known level of imports and exports in the sector or sub-sector concerned. Following this assessment, for sectors that may be at significant risk, including those which are borderline, it will be necessary to consider the implications of auctioning on: (a) the market share of the sectors or sub- sectors concerned; (b) profitability as a potential indicator of long-run investment and/or relocation decisions. For sectors or sub-sectors that from the quantitative assessment appear at significant risk of carbon leakage, there should be a qualitative assessment to determine whether these sectors or sub- sectors are actually at significant risk, and to inform decisions to be taken under Article 10b. This should include: (a) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure,b) an assessment of market structure (current and projected), the relevant geographic and product markets, transport costs, the 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. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be us, long-term and short-term barriers to trade and factors influencing location decisions (including differentiation in quality of product or level of service by producers in the Community, product standards, the importance of proximity to product and factor markets, and the risks of relocating); (c) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned.
Amendment 589 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b
Article 10b
Not later than June 20110, 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 up to 100 percent of the quantity determined in accordance with Article 10a; - where an international agreement on climate change has not been concluded, inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a; such a border adjustment mechanism should put EU producers and importers of such products on an equal footing. Where an international agreement on climate change has been concluded, the analytical report may be accompanied by proposals following the review in Article 10a (1) to provide that free allocation only takes place where this is fully justified in the light of an international agreement. 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.
Amendment 616 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11 - paragraph 1
Article 11 - paragraph 1
1. Each Member State shall publish and submit to the Commission, by 30 September 2011,June 2011, national implementation measures stating the list of installations covered by this Directive in its territory and any free allocation to each installation in its territory calculated in accordance with the rules referred to in Article 10a(1).
Amendment 618 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11 - paragraph 1 a (new)
Article 11 - paragraph 1 a (new)
1a. Within three months of notification of national implementation measures by a Member State under paragraph 1, the Commission may reject those measures, or any aspect thereof, on the basis that they are incompatible with the rules referred to in Article 10a (1). The Member State shall only issue allowances under paragraph 2 if proposed amendments are accepted by the Commission. Reasons shall be given for any rejection decision by the Commission.
Amendment 619 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11 - paragraph 2
Article 11 - paragraph 2
2. By 28 February of each year, the competent authorities shall, in accordance with their national implementation measures, issue the quantity of allowances that are to be distributed for that year, calculated in accordance with Articles 10 and 10a. An installation which ceases to operate shall receive no further free allowances. 2a. No free allocation shall be given to installations where the Annex I activity at the installation has ceased operating or the capacity of the Annex I activity at the installation has dropped below the thresholds contained in that Annex. The Commission shall, in the measures adopted under Article 10a(1), include measures that define installations that partially or temporarily cease to operate. These installations may continue to receive a free allocation in accordance with the measures on free allocation adopted under Article 10a(1).
Amendment 627 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - title
Article 11a - title
Use of CERs and ERUs from project activities in the Community scheme before the entry into forcein relation to the conclusion of a future international agreement on climate change
Amendment 690 #
Proposal for a regulation – amending act
Article 1 - point 17
Article 1 - point 17
Directive 2003/87/EC
Article 22 - paragraph 1- subparagraph 1
Article 22 - paragraph 1- subparagraph 1
The Commission may amend the Annexes to this Directive, with the exception of Annex I and Annex IIa, in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Annexes IV and V may be amended in order to improve the monitoring, reporting and verification of emissions.
Amendment 692 #
Proposal for a regulation – amending act
Article 1 - point 17 a (new)
Article 1 - point 17 a (new)
Directive 2003/87/EC
Article 24 - paragraph 1- subparagraph 1
Article 24 - paragraph 1- subparagraph 1
(17a) In Article 24(1), the first subparagraph 1 is replaced by the following: "1. From 2008, Member States may apply emission allowance trading in accordance with this Directive to activities, carried out at an installation or elsewhere, and greenhouse gases which are not listed in Annex I, provided that inclusion of such activities[...] and greenhouse gases is approved by the Commission in accordance with the procedure referred to in Article 23(2), taking into account all relevant criteria, in particular effects on the internal market, potential distortions of competition, the environmental integrity of the scheme and reliability of the planned monitoring and reporting system."
Amendment 693 #
Proposal for a regulation – amending act
Article 1 - point 18 a (new)
Article 1 - point 18 a (new)
Directive 2003/87/EC
Article 24 - paragraph 4
Article 24 - paragraph 4
(18a) In Article 24, paragraph 4 is replaced by the following: "4. In the event that such measures are introduced, reviews carried out pursuant to Article 30 shall also consider whether this Directive should be amended to include emissions from these activities in a harmonised way throughout the Community."
Amendment 694 #
Proposal for a regulation – amending act
Article 1 - point 19
Article 1 - point 19
Directive 2003/87/EC
Article 24 a
Article 24 a
Amendment 715 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 27 - title and paragraph 1
Article 27 - title and paragraph 1
Exclusion of small combustion installationemitters subject to equivalent measures 1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
Amendment 755 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28 - paragraph 2
Article 28 - paragraph 2
2. From the year following the conclusion of the international agreement referred to in paragraph 1, the linear factor shall increase so that the Community quantity of allowances in 2020 is lower than that established pursuant to Article 9, by a quantity of allowances equivalent to the overall reduction of greenhouse gas emissions by the Community below 20% to whichof 30%, or beyond 30% in case the international agreement commits the Community to such a reduction, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9a.
Amendment 807 #
Proposal for a directive – amending act
Annex I - point 4
Annex I - point 4
Directive 2003/87/EC
Annex I - table - new category 1 - row 8 a (new)
Annex I - table - new category 1 - row 8 a (new)
Methane gas (CH4), occurring at active coal mines and which is either adsorbed onto the internal structure of coal, as free gas within the pore space of coal or as free gas in rock strata adjacent to coal seams, which is released initially as a consequence of coal-mining operations.