20 Amendments of Adam GIEREK related to 2008/0013(COD)
Amendment 58 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) In order to enhance the certainty and predictability of the Community scheme, provisions should be specified to increase the level of contribution of the Community scheme to achieving an overall reduction of more than 20%, in particular in view of the objective of the European Council for a 30% reduction by 2020 that is considered scientifically necessary to avoid dangerous climate change. Once the 30% emissions reduction target has been set, worldwide emissions reductions should be analysed, taking account of third countries. Efforts should be made to ensure, on the basis of scientific evidence, that the burden is fairly shared between the Community scheme and other sectors of the economy.
Amendment 116 #
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 as a result of higher CO2 costs.
Amendment 128 #
Proposal for a directive – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) The most important long-term incentive for carbon capture and storage is the lack of emissions allowances, so that carbon is stored for good. In addition, the proceeds from the auctions should be used to develop the 12 new demonstration plants. New entrants to the scheme should be allocated additional allowances from the reserves. These demonstration plants should be chosen by means of a tender procedure organised by the Commission at EU level. Third countries which ratify the future international climate agreement should also have access to the EU support mechanism.
Amendment 148 #
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. TRegardless of the specific criteria for individual industrial sectors, these rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, generally applied 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 auctemission reduction potential, including technical potential. Any such rules should not give incentives to reduce specific emissioneds. Allocations must be fixed prior to the trading periodon the basis of the benchmarks so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heat supplied to industrial installations. These rules should apply equally 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. For the purpose of determining the rules for establishing benchmarks in individual sectors, the Commission will consult the sectors concerned.
Amendment 153 #
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 heat supplied to industrial installations. These rules should apply to new entrants, with the exception of electricity produced from residual gases obtained from production processes 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 164 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy- intensive sectors and sub-sectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To addressGiven the likelihood that the Community will suffer a substantial loss of market share thanks to installations outside the Community which do not take similar measures to restrict emission levels, the Directive should include an annex listing energy- intensive sectors of industry exposed to the risk of carbon leakage, t. The Community will continue to allocate all allowances free of charge up to 100% to sectors or sub- sectors meeting the relevant criteria for risk of carbon leakage. The definition of these sectors and sub-sectors and the measures required will be subject to re- assessment to ensure that action is taken where necessary and to avoid overcompensation. For those specific sectors or sub-sectors where it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, the action taken may take into account the electricity consumption in the production process, without changing the total quantity of allowances.
Amendment 176 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission shouldwill therefore review the situation by June 2011 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify whichn analytical report assessing the situation with particular reference to energy- intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It should base its analysis on the assessment of the inability to pass on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation orsectors exposed to the risk of carbon leakage. The report should be accompanied by appropriate proposals on determining a share of emission limits to be allocated free of charge and also an effective carbonsystem of 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 261 #
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 [(v)] (new)
Article 3 – point [(v)] (new)
[(v)] ‘Sectors exposed to serious risk of carbon leakage’ means sectors defined in accordance with the criteria laid down in Article 10a(9), which are included in Annex Ia (new) of this directive;
Amendment 347 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3 a (new)
Article 10 - paragraph 3 a (new)
3a. The remainder of the revenues not used under paragraph 3, including all revenues from the auctioning referred to in paragraph 2(b), should be used: (a) to reduce greenhouse gas emissions, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adaptation, 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; (c) to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (d) for the capture and geological storage of greenhouse gases, in particular from coal power stations by investing in the necessary transport and storage infrastructure; (e) to finance research and development in energy efficiency and clean technologies in the sectors covered by the scope of the directive; (f) for additional measures to avoid deforestation, to promote sustainable afforestation and forest management in Europe, and produce and mobilise sustainable biomass in the Community; (g) to address the social aspects in lower- and middle-income households, for example by increasing their energy efficiency and insulation; (h) to encourage a shift to low emission forms of transport, including modal shift, and to offset the increased cost of power for electric traction in the rail sector; and (i) to cover administrative expenses of the management of the Community scheme.
Amendment 375 #
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 2011 at the latest, 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)]. In order to determine the rules for establishing benchmarks in individual sectors, the Commission shall consult the sectors concerned. 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 accounton the basis of the benchmarks and shall not give incentives to increase emissions. Regardless of the specific criteria for individual industrial sectors, account shall be taken of the most efficient techniques, substitutes, generally applied alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increaseemission reduction potential, including technological potential. These measures shall encourage the reduction of specific emissions. No free allocation shall be made in respect of any electricity production. 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 405 #
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 residual gases derived from production processes. When a residual gas obtained from a production process is used as a fuel, allowances shall be allocated to the operator of the installation producing this residual gas under the same rules as those applicable to the installation in question.
Amendment 448 #
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 mayemissions permits shall 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.
Amendment 485 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 2
Article 10a – paragraph 6 – subparagraph 2
Amendment 494 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
Article 10a – paragraph 6 – subparagraph 3
No free allocation shall be made in respect of any electricity production by new entrants with the exception of electricity produced from residual gases derived from production processes. When a residual gas obtained from a production process is used as a fuel, allowances shall be allocated to the operator of the installation producing this residual gas under the same rules as those applicable to the installation in question.
Amendment 513 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 7
Article 10a – paragraph 7
7. Subject to Article 10b, the amount of allowances allocated free of charge undershall be 100% of the quantity determined on the basis of paragraphs 3 to 6 1(3) of this Aarticle [and paragraph 2 of Article 3c] in 2013 shall be 80% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in no free allocation in 2020.in 2013 and thereafter the free allocation shall decrease each year by equal amounts resulting in 80% free allocation in 2020. The Commission shall conduct a fresh analysis of this figure in 2020; further analyses shall be conducted every four years. The analysis shall take into consideration the influence on the natural environment and economic effects. Consultation shall be undertaken with all appropriate social partners. 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 529 #
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
8. ISubject to Article 10b, in 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated all allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 61 to 3, without changing the overall quantity of allowances established in Article 9.
Amendment 551 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraphs 1, 2 and 3, introductory part
Article 10a - paragraph 9 - subparagraphs 1, 2 and 3, introductory part
Amendment 590 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b
Article 10b
1. Not later than June 2011, the Commission shall, in the light of the outcome of the international negotiations linked to COP 131 and the extent to which these lead to global greenhouse gas emission reductions, whilst guaranteeing equivalent treatment to competing industrial sectors and meeting the criteria set out in paragraph 3, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing, in particular, the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This2. The report referred to in paragraph 1 shall be accompanied by any appropriate proposals, which may include, taking into account the timetable for full implementation, shall seek to: – adjusting the proportion of allowances received free of charge by all those sectors or sub-sectors under Article 10a; – inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriatereferred to in Article 10a; – establish, in respect of carbon leakage not covered by other measures, carbon balancing systems for the exporters and importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. These systems shall not restrict the liquidity of the allowances market. Any binding sectoral agreements consistent with the appropriate criteria described in paragraph 3 and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. 1 Conference of the parties to the UNFCCC (United Nations Framework Convention on Climate Change) and third meeting of the parties to the Kyoto Protocol, held in Bali (Indonesia) from 3-14 December 2007.
Amendment 612 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b - paragraph 2 a (new)
Article 10b - paragraph 2 a (new)
Amendment 815 #
Proposal for a directive – amending act
Annex I a (new)
Annex I a (new)
Directive 2003/87/EC
Annex I a (new)
Annex I a (new)