33 Amendments of Anne LAPERROUZE related to 2008/0013(COD)
Amendment 67 #
Proposal for a directive – amending act
Recital 13
Recital 13
(13) The additional effort to be made by the European economy requires inter alia that the revised Community scheme operate with the highest possible degree of economic efficiency and on the basis of fully harmonised conditions of allocation within the Community. Auctioning shouldmust therefore be the basic principle for allocation, as it is the simplest and generally considered to be the most economically efficient system. This should also eliminate windfall profits and put new entrants and higher than average growing economies on the same competitive footing as existing installations.
Amendment 72 #
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 2100% 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 TreatyIn addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme.
Amendment 82 #
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.
Amendment 83 #
Proposal for a directive – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) Whether or not produced in combination with electricity, heat supplied for the use of industry, should receive free allowances in accordance with the proportion of free allowances allocated to the industrial sectors concerned. Whether or not produced in combination with electricity, heat supplied for the use of district heating qualifying under the Guidelines on State aid for environmental protection should receive free allowances to ensure equal treatment with regard to other producers of heat that are not covered by the community scheme.
Amendment 94 #
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 2100% 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 increaseing 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 TreatyIn addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme.
Amendment 100 #
Proposal for a directive – amending act
Recital 18
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. These rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heatindustrial heat and gas supplied to industrial installations. These rules should 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.
Amendment 112 #
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 June 2010. Itshould be identified in the body of the directive. It is vital that this list should be able to be supplemented so that all industrial sectors and sub-sectors liable to this risk can be identified by 30 June 2009 at the latest. This list could be reviewed or supplemented subsequently so as to take into account - using the same criteria - the effects of changes in the global situation. The Commission should base its analysis on the assessment of the inabilidifficulty tof passing 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. Comparable undertakings assumed between developed countries and the contributions of developing countries, particularly the most economically advanced developing countries, should be measurable, verifiable and reportable. The methods of measurement and verification should be recognised at international level.
Amendment 114 #
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.
Amendment 129 #
Proposal for a directive – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) Whether or not produced in combination with electricity, heat supplied for use in industry, district heating or for other consumers should receive free allowances in the same proportion as those allocated to the industrial sectors. Whether or not produced in combination with electricity, heat supplied for the use of district heating complying with criteria equivalent to those of the Guidelines on State aid for environmental protection should receive 100% free allowances to ensure equal treatment with regard to other producers of heat that are not covered by the Community scheme.
Amendment 140 #
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 updated its greenhouse gas emission permit because of a change in its character or operation, or a significant extension of the installation itself, or of its capacity’s use, subsequent to the submission to the Commission of the list referred to in Article 11(1);";
Amendment 149 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u
Article 3 – point u
[(u)] 'Electricity generator' means an installation or part of an installation that, on or after 1 January 2005, has produced electricity for sale to third parties, and which is only covered by the category 'Supply of power or heat' in Annex I. The supply of electricity under a purchase obligation shall not be considered a sale to a third party, unless the take-over tariff contains an adjustment mechanism enabling the price of allowances to be reflected in the tariff.
Amendment 152 #
Proposal for a directive – amending act
Recital 18
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. These rules should take account of the most greenhouse gas- and energy -efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and should ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heatfor industrial heat and gas supplied to industrial installations. These rules should 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.
Amendment 167 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10
Article 10
1. From 2013 onwards, Member States shall auction all allowances which are not allocated free of charge in accordance with Article 10a. 2. The total quantity of allowances to be auctioned by each Member State shall be composed as follows: (a) allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of verified emissions under the Community scheme in 2005 of the Member State concerned (b) allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and growth within the Community, thereby increasing the amount of allowances that those Member States auction under point (a) by the percentages specified in Annex IIa. For the purposes of point (a), in respect of Member States which did not participate in the Community scheme in 2005, their share shall be calculated using their verified Community scheme emissions under the Community scheme in 2007. If necessary, the percentages referred to in point (b) of the first subparagraph shall be adapted in a proportional manner to ensure that the redistribution is 10%. 3. At least 20% of the revenues 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: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (c) for the capture and geological storage of greenhouse gases, in particular from coal power stations; (d) for measures to avoid deforestation, in particular in Least Developed Countries; (e) to facilitate developing countries' adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme. 4. Member States shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 2010, 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)]. a Community body shall auction all allowances which are not allocated free of charge in accordance with Article 10a. 90% of the total quantity of 10% of the total quantity of 3. The EU shall use 100 % of the revenues generated from the auctioning of allowances for the following: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency, Renewable Energy and Non-Carbon Energy Fund, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (c) for the capture and geological storage of greenhouse gases, in particular from coal power stations; (ca) development of clean energy vectors; (d) for measures to avoid deforestation, in particular in Least Developed Countries; (e) for aid to some Member States to promote solidarity and growth in the Community, up to 10% of the revenue from the auctions for all these Member States, and for aid to facilitate developing countries' adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme, up to [x% to be decided] of the total revenue from the auctions. 4. The Commission shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 2009, the Commission shall adopt a Regulation in accordance with the regulatory procedure with scrutiny referred to in Article 23(3) on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. The auction system shall be designed to ensure a continuously liquid and transparent market. To ensure that these objectives are achieved, the above Regulation shall be based on the following principles : - use of a single system, accessible from a distance, simple (one round), effective, available at an acceptable cost, and its integrity guaranteed by a single manager at Community level; - guaranteed access to the auction at minimal cost for any actor providing proof of solvency and holding an open account in the allowances register; - the regulation shall lay down a timetable of volumes to be auctioned, consistent with deadlines for repayment of allowances and with the undertakings’ financial constraints; this timetable shall exclude recourse to a single auction for the whole period. The Regulation shall provide for supervision of this market by an existing organisation or one to be set up, with a similar remit to that of supervisory bodies for raw materials markets.
Amendment 179 #
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, in the text of this Directive, which energy -intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It. It is essential to allow for the possibility of additions to the list produced for the above purpose so as to ensure that all industry sectors or sub- sectors posing such a risk are identified by 30 June 2009 at the latest. The list may be revised or enlarged at a later stage in order to allow – on the basis of the same criteria – for the effects of changes in the global context. The Commission should base its analysis on the assessment of the inabilidifficulty tof passing 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 determinemed 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 Lleast Ddeveloped Ccountries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement. The comparable commitments entered into by developed countries and the contributions of developing countries, especially those which are most advanced economically, have to be measurable, verifiable, and notifiable. Measuring and verification methods should be recognised at international level.
Amendment 201 #
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 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. For sectors or branches of industry that are subject to ‘carbon leakage’, the proportion of allowances allocated free of charge shall be 100% until an international agreement has been reached that is considered satisfactory, under the criteria set out in Article 28(1) of this directive .
Amendment 218 #
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.., except for cogeneration and electricity generation for own use.
Amendment 238 #
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 emissions permit or an update of its greenhouse gas emissions permit because of a change in the nature or functioning or a significant extension of the installation, or the use of its capacity, subsequent to the submission to the Commission of the list referred to in Article 11(1);
Amendment 244 #
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 Whether or not produced in combination with electricity, heat supplied for the use of industry shall receive free allowances in accordance with the proportion of free allowances allocated to the industrial sectors concerned. Whether or not produced in combination with electricity, heat supplied for the use of district heating qualifying under the Guidelines on State aid for environmental protection shall receive free allowances to ensure equal treatment with regard to other productioners of theat theat shall be adjusted by the linear factor referred to in Article 9are not covered by the EU ETS.
Amendment 250 #
Proposal for a directive – amending act
Article 1 – point 2 – point (c)
Article 1 – point 2 – point (c)
Directive 2003/87/EC
Article 3 – point [(u)]
Article 3 – point [(u)]
[(u)] 'Electricity generator' means an installation that, on or after 1 January 2005, has produced electricity for sale to third parties, and which is only covered by the category 'Supply of power or heat' in Annex I. The delivery of electricity with feed-in tariffs shall not be considered as sale to third parties, unless feed-in tariffs contain an adjustment mechanism allowing the price of CO2 allowances to be recovered.
Amendment 277 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3 a (new)
Article 10a – paragraph 6 – subparagraph 3 a (new)
By 30 June 2010 at the latest, the Commission shall publish the harmonised rules on allocation to new entrants and rules intended to optimise the industrial plant – pooling, closures, transfers within the EU – drawn up and adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).
Amendment 291 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
Amendment 294 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10
Article 10
1. From 2013 onwards, Member States shall auction all allowances which are not allocated free of charge in accordance with Article 10a. 2. The total quantity of allowances to be auctioned by each Member State shall be composed as follows: (a) 90% of the total quantity of allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of verified emissions under the Community scheme in 2005 of the Member State concerned; (b) 10 % of the total quantity of allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and growth within the Community, thereby increasing the amount of allowances that those Member States auction under point (a) by the percentages specified in Annex IIa. For the purposes of point (a), in respect of Member States which did not participate in the Community scheme in 2005, their share shall be calculated using their verified Community scheme emissions under the Community scheme in 2007. If necessary, the percentages referred to in point (b) of the first subparagraph shall be adapted in a proportional manner to ensure that the redistribution is 10%. 3. At least 20% of the revenues 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: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (c) for the capture and geological storage of greenhouse gases, in particular from coal power stations; (d) for measures to avoid deforestation, in particular in Least Developed Countries; (e) to facilitate developing countries’ adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme. 4. Member States shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 2010, 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)].” a Community agency shall auction all allowances which are not allocated free of charge in accordance with Article 10a. 3. 100 % of the revenues generated from the auctioning of allowances should be used by the EU for the following: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency, Renewable Energy, and Non-Carbon Energy Fund, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adapting, including participation in initiatives within the framework of the European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increasing energy efficiency by 20% by 2020; (c) for the capture and geological storage of greenhouse gases, in particular from coal power stations; (ca) to develop clean energy carriers; (d) for measures to avoid deforestation, in particular in least developed countries; (e) aid for certain Member States to promote solidarity and growth in the Community, amounting to not more than 10% of the auction proceeds for those Member States as a whole, and for aid to facilitate developing countries’ adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme, assigning up to [x%, to be determined] of the total auction revenue. 4. The Commission shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 2009 at the latest, the Commission shall adopt a Regulation, in accordance with the regulatory procedure with scrutiny referred to in Article 23(3), on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. The auction system shall be so designed as to make for a continuously liquid and transparent market. To enable the above objectives to be achieved, the Regulation referred to in the first subparagraph must be based on the following principles: - a single system must be used, which must be accessible from a distance, effective, available at an acceptable cost, and headed by a single Community-level manager in order to guarantee its integrity; - auctions must be made accessible, at minimal cost, to any stakeholder furnishing proof of solvency and holding an open account in the allowances register; - the Regulation must lay down a schedule of volumes to be auctioned, consistent with the repayment deadlines applying to allowances and with the cash flow constraints imposed on firms; the schedule must rule out the possibility of a single auction for the whole of the period in question. The Regulation shall provide for the market to be supervised by an existing or future organisation, whose tasks shall be similar to those assigned to a commodity market supervisory body.
Amendment 315 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
Amendment 374 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1
Article 10a – paragraph 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. 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 measures referred to in the first subparagraph shall, to the extent feasible, and provided that the emissions are the result of the industrial process concerned, 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 in each sector, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production, with the exception of cogeneration installations and private electricity production. Until such time as an international agreement has been reached, energy- intensive industries operating in the EU shall receive, in keeping with a benchmark based on the criteria for the best available techniques (EU BATs) which are technically feasible, free allocations in accordance with the EU ceiling. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review those measures to provide that free allocation only takes place where this is fully justified in the light of that agreement.
Amendment 377 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28
Article 28
1. Upon the conclusion by the Community of an international agreement on climate change leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council, paragraphs 2, 3 and 4 shall apply. 2. From the year following the conclusion of the international agreement referred to in paragraph 1,the Commission shall carry out a comprehensive impact assessment of the economic effects of the procedures for implementing these reductions and on the effects of other measures adopted in the international agreement. The impact assessment shall also determine whether the following conditions have been met : - the international agreement commits all countries possessing or likely to develop production in the sector concerned by this directive; - 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 which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9a. 3. Operators may use CERs, ERUs or other credits approved in accordance with paragraph 4 from third countries which have concluded the agreement, up to half of the reduction taking place in accordance with paragraph 2. 4. The Commission may adopt measures to provide for the use of additional project types by operators in the Community scheme to those referred to in paragraphs 2 to 5 of Article 11a or the use by such operators of other mechanisms created under the international agreement, as appropriate. 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)]ternational agreement imposes: o in the developed countries, for the sectors mentioned in Annex I of this directive, equivalent restrictions to those imposed in the European Union; o in the developing countries, particularly the most economically advanced ones, for the sectors mentioned in Annex I of this directive, an adequate contribution according to their responsibilities and respective capacities; - the commitments by the developed countries and the contributions by the developing countries, particularly the more economically advanced ones, shall be: o measured and verified in accordance with internationally recognised methods, and o reported. 2. From the year following the entry into force of the international agreement referred to in paragraph 1, and in the light of the results of the impact assessment provided for in that same paragraph, particularly if the three conditions referred to therein have been met, the Commission shall propose an amended factor so that the fraction of the Community quantity of allowances in 2020, pursuant to Articles 9 and 9a, contributes to the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement will commit the Community. international 4. In the light of the results of the impact assessment provided for in paragraph 1 of this article, in particular if the three conditions referred to therein have been met, the Commission may adopt measures to provide for the use of additional project types by operators in the Community schema to those referred to in paragraphs 2 to 5 of Article 11a or the use by such operators of other mechanisms created under the international agreement, as appropriate.
Amendment 440 #
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 regardWhether or not produced in combination with electricity, heat supplied for use in industry, district heating or other consumers shall receive free allowances in the same proportion as those allocated to the industrial sectors. Whether or not produced in combination with electricity, heat supplied for the use of district heating complying with criteria equivalent to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of ose set out under the Guidelines on State aid for environmental protection, paragraph 51, shall receive 100% free allowances to ensure equal treatment with regard to other productioners of theat theat shall be adjusted by the linear factor referred to in Article 9are not covered by the Community scheme.
Amendment 499 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3 a (new)
Article 10a – paragraph 6 – subparagraph 3 a (new)
At the latest by 30 June 2010, the Commission shall publish the harmonised rules governing the allocation of allowances to new entrants and those corresponding to the optimisation of the existing industrial fabric - pooling, closures, transfers within the EU - drawn up and adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).
Amendment 523 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
Amendment 546 #
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 June 20109 and every 35 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 subEach year, on the basis of new market information, any sector not included in Annex 1a may ask the Commission to consider the case for it to be classified as exposed to a risk of carbon leakage. In the determination of the sectors referred to in paragraph 8 the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account, profitability, or investment opportunities to the same sector or sub-sector established in countries which are not part of the European Union and which do not impose comparable constraints on emissions. The relevant criteria shall include the following: (a) the extent to which auctioning would lead to a substantial increase in production cost in industries which are highly CO2 intensive per unit of sales; (b) 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) the present and projected market structure, relevant geographic and product market, the exposure of the sectors to international competition, taking CO2 and transport costs into account; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned; (e) the effect of passing on the cost of CO2 in electricity prices to the sector or sub- sector 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 installationsectors concerned may inter alia be used.
Amendment 586 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b
Article 10b
Amendment 699 #
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 739 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28
Article 28
1. Upon the conclusion by the Community of an international agreement on climate change leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council, paragraphs 2, 3 and 4 shall apply. 2. From the year following the conclusion of the international agreement referred to in paragraph 1,the Commission shall conduct an exhaustive impact study on the economic consequences entailed in the measures to be taken to implement the above reductions and on the other measures laid down in that international agreement. The impact study shall establish whether the following conditions are met: - the international agreement must be binding on all countries which have or are likely to develop production in the sectors covered by this Directive; - 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 equivalternational agreement - must make developed countries subject, as regards the sectors referred to in Annex I to this Directive, to constraints equivalent to those imposed in the European Union; - must, as regards the sectors referred to in Annex I to this Directive, require developing countries, especially those which are most advanced economically, to make a contribution commensurate with their specific responsibilities and their respective capabilities; - the commitments to the overall reduction of greenbe entered into by developed countries and the contributions required of developing countries, especially thouse gas emissions by the Community below 20% to which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9a. 3. Operators may use CERs, ERUs or other credits approved in accordance with paragraph 4 from third countries which have concluded the international agreement, up to half of the reduction taking place in accordance with paragraph 2. 4. The Commission may adopt measures to provide for the use of additional project types by operators in the Community scheme to those referred to in paragraphs 2 to 5 of Article 11a or the use by such operators of other mechanisms created under the international agreement, as appropriate. 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)].”which are most advanced economically, must be - measured and verified by methods recognised at international level, - and communicated. 2. From the year following the entry into force of the international agreement referred to in paragraph 1, and in the light of the findings of the impact study provided for in that paragraph, in particular as to whether the three conditions set out above are satisfied, the Commission shall propose an adjusted factor so that the fraction of the Community quantity of allowances issued in 2020 pursuant to Articles 9 and 9a contributes to the overall reduction of greenhouse gas emissions by the Community, to a level exceeding 20%, to which the international agreement will have committed the Community. 4. In the light of the findings of the impact study provided for in paragraph 1, in particular as to whether the three conditions specified in that paragraph are satisfied, the Commission may adopt measures to provide for the use of additional project types by operators in the Community scheme to those referred to in paragraphs 2 to 5 of Article 11a or the use by such operators of other mechanisms created under the international agreement, as appropriate.
Amendment 798 #
Proposal for a directive – amending act
Annex I - point 3 - point (c) - point (i)
Annex I - point 3 - point (c) - point (i)
Directive 2003/87/EC
Annex I - table - category 3 - paragraph 1
Annex I - table - category 3 - paragraph 1
Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime including the calcination of dolomite and magnesite in rotary kilns with a production capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day.per day, with the exception of operations for the recovery of hazardous and non-hazardous waste as defined by Annex IIB to Directive 91/156/EEC;