36 Amendments of Emmanuel MAUREL related to 2021/0214(COD)
Amendment 100 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradualpid transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Unionfree allowances in sectors covered by the CBAM should be phased out at an appropriate rate .
Amendment 128 #
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility.
Amendment 138 #
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.
Amendment 144 #
Proposal for a regulation
Recital 19
Recital 19
(19) However, while the EU ETS sets an absolute cap on the GHG emissions from the activities under its scope and allows tradability of allowances (so called ‘cap and trade system’), the CBAM should notmay establish quantitative limits to import, so as to ensure that trade flows where required by the regularly updated GHG emissions are not restrictedduction trajectory. Moreover, while the EU ETS applies to installations based in the Union, the CBAM should be applied to certain goods imported into the customs territory of the Union.
Amendment 150 #
Proposal for a regulation
Recital 21
Recital 21
(21) In order to preserve its effectiveness as a carbon leakage measure, the CBAM needs to reflect closely thean EU ETS price sufficient to create a decisive incentive to change production methods. While on the EU ETS market the price of allowances is determined through auctions, the result of which, by 2025, can no longer be less than a minimum price, the price of CBAM certificates should reasonably reflect the price of suchthe auctions, through averages calculated on a weekly basis. Such weekly average prices reflect closely the price fluctuations of the EU ETS and allow a reasonable margin for importers to take advantage of the price changes of the EU ETS while at the same ensuring that the system remains manageable for the administrative authoritieen, from 2025 onwards, the level at which they are set above the minimum price, through averages calculated on a weekly basis.
Amendment 153 #
Proposal for a regulation
Recital 22
Recital 22
(22) Under the EU ETS, the total number of allowances issued (the ‘cap’) determines the supply of emission allowances and provides certainty about the maximum emissions of GHG. The carbon price is currently determined by the balance of this supply against the demand of the market. SWhile scarcity is necessary for there to be a price incentive. As it is not , it is not sufficient and needs to be complemented by minimum pricing measures. As the refusal to place quotas on imports makes it impossible to impose a cap on the number of CBAM certificates available to importers, if importers had the possibility to carry forward and trade CBAM certificates, this could result in situations where the price for CBAM certificates would no longer reflect the evolution of the price in the EU ETS. That would weaken the incentive for decarbonisation between domestic and imported goods, favouring carbon leakage and impairing the overarching climate objective of the CBAM. It could also result in different prices for operators of different countries. Therefore, the limits to the possibilities to trade CBAM certificates and to carry them forward is justified by the need to avoid undermining the effectiveness and climate objective of the CBAM and to ensure even handed treatment to operators from different countries. However, in order to preserve the possibility for importers to optimise their costs, this Regulation should foresee a system where authorities can re- purchase a certain amount of excess certificates from the importers. Such amount is set at a level which allows a reasonable margin for importers to leverage their costs over the period of validity of the certificates whilst preserving the overall price transmission effect, ensuring that the environmental objective of the measure is preserved.
Amendment 158 #
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member States should apply penalties to infringements of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC. Member States should also be empowered to impose quantitative import restrictions on importers.
Amendment 159 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 162 #
Proposal for a regulation
Recital 28
Recital 28
(28) WhilstSince the ultimate objective of the CBAM is a broad product coverageto cover all products, it would be prudefficient to start with a selected number of sectors with relatively homogeneous productthe sectors where there is a risk of carbon leakage and certain hydrocarbon imports. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842. _________________ 42 Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 164 #
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and/or risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. The actual selection should take into account basic materials and basic products covered by the EU ETS. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort.
Amendment 168 #
Proposal for a regulation
Recital 30
Recital 30
(30) The use of the first criterion allows listing the following industrial sector in terms of cumulated emissions: iron and steel, refineries, cement, organic basic chemicals, and fertiliserfollowing sectors can be listed in terms of cumulated emissions: certain agricultural sectors, particularly meat; the fertilisers sector; the industrial sectors of iron and steel, refineries, cement and basic organic chemicals.
Amendment 169 #
Proposal for a regulation
Recital 31
Recital 31
(31) However, certainall sectors listed in Commission Delegated Decision (EU) 2019/708 should not at this stage be addressedcannot be addressed immediately in this Regulation, due to their particular characteristics. In order to consolidate the overall effectiveness of the mechanism, they should all be addressed by 1 January 2030 at the latest.
Amendment 173 #
Proposal for a regulation
Recital 32
Recital 32
(32) In particular,For organic chemicals are not included in the scope of this Regulation due to technical limitations that do not allow to clearly define, while technical limitations could make it less easy to accurately assess the embedded emissions of imported goods. For these goods, the applicable benchmark under the EU ETS is a basic parameter, which does not allow for an unambiguous allocation of emissions embedded in individual imported goods. A more targeted allocation to organic chemicals will require more data and analysiscould be improved but it is still a relevant basic parameter for including organic chemicals in the CBAM straight away.
Amendment 177 #
Proposal for a regulation
Recital 33
Recital 33
(33) SWhile similar technical constraints apply to refinery products, for which it is not possible to unambiguously assign GHG emissionsit will nevertheless be necessary to include in the CBAM the goods referred to iundividual output products. At the same time, the relevant benchmark in the EU ETS does not directly relate to specific products, such as gasoline, diesel or kerosene, but to all refinery outputer CN codes 2710, 2711, 2713 and 2714 as from 1 January 2024. The Commission will propose the benchmarks or default values applicable to each of them in the year preceding the end of the transitional period.
Amendment 180 #
Proposal for a regulation
Recital 34
Recital 34
(34) HoweverIn addition, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM may be extended to cover also indirect emissions in the future.
Amendment 194 #
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 untiluntil the end of 20253. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 208 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission shouldall, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions as soon as possible, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47. _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 234 #
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage.
Amendment 238 #
3. The mechanism will progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notablyreplace, before 1 January 2030, the allocation of allowances free of charge in accordance withestablished on the basis of Article 10a of that Directive 2003/87/EC.
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 7 – point a
Article 2 – paragraph 7 – point a
(a) the third country or territory has concluded an agreement with the Union, setting out an obligation to apply the Union law in the field of electricity, including the legislation on the development of renewable energy sources, as well as other rules in the field of energy, and environment and competition;
Amendment 246 #
Proposal for a regulation
Article 2 – paragraph 7 – point b
Article 2 – paragraph 7 – point b
(b) the national law in that third country or territory implements the main provisions of the Union electricity market legislation, includinglegislation on the development of renewable energy sources and the coupling of electricity markets;
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 9 – point b
Article 2 – paragraph 9 – point b
(b) if the third country or territory has taken steps contrary to its decarbonisation objectives, such as providing public support for the establishment of new generation capacity that emits more than 55340 g of CO2 of fossil fuel origin per kWh of electricity.
Amendment 275 #
Proposal for a regulation
Article 3 – paragraph 1 – point 17
Article 3 – paragraph 1 – point 17
Amendment 389 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
For those calendar weeks in which there are no auctions scheduled on the common auction platform, the price of CBAM certificates shall be the average price of the closing prices of EU ETS allowances of the last week in which auctions on the common auction platform took place. With effect from 1 January 2025, CBAM certificates shall be priced at a minimum of EUR 70 per tonne of CO2equivalent.With effect from 1 January 2030, CBAM certificates shall be priced at a minimum of EUR 90 per tonne of CO2equivalent. In view of these deadlines, the Commission shall propose an amendment to Regulation (EC) 1031/2010 for the purpose of setting a minimum price for EU ETS allowances identical to that for CBAM certificates.
Amendment 392 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt implementing acts to further define the methodology to calculate the average price of CBAM certificates and practical arrangements for the publication of the price in accordance with paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 411 #
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member States may apply administrative or criminal sanctions for failure to comply with the CBAM legislation in accordance with their national rules in addition to penalties referred to in paragraph 2. Such sanctions shall be effective, proportionate and dissuasive. They may take the form of quantitative restrictions on imports.
Amendment 471 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a viewrequired prior to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, and develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 483 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessmentstudy ofn the possibilities to further extendextension of the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 499 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. The Commission is empowered to adopt implementing acts laying down a calculation methodology for the reduction referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedur, the first of which shall be adopted by 1 January 2024 at the latest, shall provide a timetable for phasing out the freferred to in Article 29(2)e allowances, concluding on 1 January 2030 at the latest.
Amendment 512 #
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) Articles 32 to 34 shall apply until 31 December 20253.
Amendment 517 #
(b) Article 35 shall apply until 28 February 20264.
Amendment 519 #
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
(c) Articles 5 and 17 shall apply from 1 September 20253.
Amendment 525 #
Proposal for a regulation
Article 36 – paragraph 3 – point d
Article 36 – paragraph 3 – point d
(d) Articles 4, 6, 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 31 shall apply from 1 January 20264.
Amendment 530 #
Proposal for a regulation
Annex I – point 2 – indent 1 (new)
Annex I – point 2 – indent 1 (new)
Amendment 532 #
Proposal for a regulation
Annex I – point 2 – indent 2 (new)
Annex I – point 2 – indent 2 (new)
- Organic chemicals CN code Greenhouse gas 2901 – Acyclic hydrocarbon Carbon dioxide 2902 – Cyclic hydrocarbon Carbon dioxide 2903 – Halogenated derivatives of hydrocarbons Carbon dioxide 2904 – Sulphonated, nitrated or nitrosated derivatives of hydrocarbons, whether or not halogenated Carbon dioxide
Amendment 533 #
Proposal for a regulation
Annex I – point 2 – indent 3 (new)
Annex I – point 2 – indent 3 (new)
- Hydrocarbons CN code Greenhouse gas 2710 – Petroleum oils and oils obtained from bituminous materials, other than crude Carbon dioxide and methane 2711 – Petroleum gases and other gaseous hydrocarbons 2711 11 00 – Natural gas (liquefied) Carbon dioxide 2711 21 00 – Natural gas (in gaseous state) Carbon dioxide 2713 – Petroleum coke, petroleum bitumen and other residues of petroleum oil or of oil obtained from bituminous minerals Carbon dioxide and methane 2714 – Bitumen and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and asphaltic rocks Carbon dioxide