25 Amendments of Pilar DEL CASTILLO VERA related to 2015/0148(COD)
Amendment 75 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 572% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States, . Allowances originally covered by the transitional Community- wide rules for harmonized free allocation (including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 nd unallocated allowances due to closures and partial cessations) should not be considered to be auctioned allowances for the purposes of the calculation of the auction share. __________________ 19 Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […]). 18 SEC(2015)XX
Amendment 109 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provisbenchmarks for free allocations to installations, should be made updated before the valuesstart of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvementfourth trading period in order to base free allocations on actual technological progress. That update should be carried out on the basis of robust, objective and verified data from installations. For reasons of predictability, thifurther updates should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into accountalso be based on robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a substantial difference from that factor reduction of more than 0.5% of the 2007-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentage. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 116 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partially compensate, in accordance with state aid rules, certain installations inFor sectors or sub-sectors which have been determined to be exposed to a significant risk of carbon leakage because of, costs related to greenhouse gas emissions passed on in electricity prices should at least partially be compensated on the basis of harmonized arrangements in pursuing the goal of a level playing field. It should be possible for Member States to top up the compensation at Union level in accordance with state aid rules. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) In Article 3, the following point is added: (w) 'small emitter' means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year.
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%.
Amendment 212 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 1 - paragraph 1 - point 4 - point a
Article 1 - paragraph 1 - point 4 - point a
2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain Member States as set out in Article 10d of this Directive (“the Modernisation Fund”).This share shall be available from the auctioning volume.
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – third subparagraph – introductory sentence
Article 10 a – paragraph 2 – third subparagraph – introductory sentence
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – third subparagraph – point (i)
Article 10 a – paragraph 2 – third subparagraph – point (i)
(i) On the basis of information submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annual reduction referred to above by more than 0.5% of the 2007-8 value higher or lower annually. If so, that bBefore the start of the trading period benchmarks in individual sectors and subsectors, shall be updated based on the average of the verified emissions of the 10% most efficient installations in a sector or subsector in the Union in the years 2017 and 2018. Benchmark values shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 set on the basis of information submitted pursuandt the middle of the period for which free allocation is to be made;o Article 11. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 1 – paragraph 1 - point 5 - point b - new (i)
Article 1 – paragraph 1 - point 5 - point b - new (i)
(ia) The determination and update of benchmarks shall take into account chemical, physical and technical limits for emission reduction of non-combustion source streams and process emissions from raw materials. (ib) The heat benchmark values shall be defined according to Directive 2012/27/EU on Energy Efficiency and its implementing acts.
Amendment 328 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – third subparagraph – point (ii)
Article 10 a – paragraph 2 – third subparagraph – point (ii)
(ii) During the trading period, the benchmark values set under point (i) shall be reduced by 1% in respect of each year between the latest reference period and the middle of the relevant period of free allocation, unless the values for each benchmark calculated using the principle laid down in this Article differ from the annual reduction referred to above by more than 0,5% of the updated value, be it above or below that figure, annually. Where there is such a difference, that benchmark value shall be adjusted either 0,5% or 1,5% in respect of each year between the update and the middle of the period for which free allocation is to be made. Sectors with a share of more than 50% of verified emissions considered as unavoidable process emissions, shall not be faced with a reduction of the benchmark value, at least for the part of those emissions. For every subsequent period, the latest benchmark value shall be used as a reference point for calculating the new reduction value. By way of derogation regarding the benchmark values for aromatics, hydrogen and syngas, these benchmark values shall be adjusted by the same percentage as the refineries benchmarks in order to preserve a level playing field for producers of these products.
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mantargeted in accordance with the carbon leakage risk and shall in any case guarantee that 100% free allocation up to the level of the benchmarks is maintainerd.
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2003/87/EC
Article 10a – paragraph 6
Article 10a – paragraph 6
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i
Article 1 – paragraph 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – first subparagraph
Article 10a – paragraph 7 – first subparagraph
Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases, together with of more than 10% expressed as the rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11. In addition, 250 million allowances placed in the market stability reserve pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*) shall be set aside for this purpose.
Amendment 408 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – first subparagraph
Article 10a – paragraph 8 – first subparagraph
400 million allowances shall be available to support, taken from the share of allowances to be auctioned, shall be available to support and leverage investments, using different instruments managed by the European Investment Bank, in innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2CCS and CCU as well as demonstration projects of innovative renewable energy technologies, energy conversion and storage, as well as electric battery development in the territory of the Union.
Amendment 444 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – third subparagraph
Article 10a – paragraph 8 – third subparagraph
In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/… shall supplement any existing resources remaining under this paragraph as a consequence of funds resulting from NER300 allowance auctions between 2013 and 2020 not having been used, for projects referred to abovein subparagraphs 1 and 2, with projects in all Member States including small-scale projects, before 2021 and from 2018 onwards. Projects shall be selected on the basis of objective and transparent criteria, taking into account their relevance in relation to the decarbonisation of the related sectors. Projects supported under this subparagraph may also receive further support under sub-paragraphs 1 and 2.
Amendment 453 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point i a (new)
Article 1 – paragraph 1 – point 5 – point i a (new)
Directive 2003/87/EC
Article 10a
Article 10a
(ia) the following paragraph is added: 'The Commission shall, as part of the measures adopted under paragraph 1, include measures for defining installations that partially cease to operate or significantly reduce or increase their capacity or their production by more than 10%, and measures for adapting, as appropriate, the level of free allocations.'.
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall be deemed to be at high risk of carbon leakage. Such sectors and sub- sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a. To ensure a level playing field for the production of hydrogen and syngas in refineries and chemical plants, hydrogen and syngas shall continue to be deemed to be at the same risk of carbon leakage as the refinery sector.
Amendment 488 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory part
Article 10b – paragraph 2 – introductory part
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18,12, as well as sectors that were deemed at risk of carbon leakage between 2013 and 2020 and that have a trade intensity of at least 40 %, may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 510 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices, and shall be deemed at low carbon leakage risk. They shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 517 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code) or activities which are at the relevant level of disaggregation based on public and sector specific data as appropriate, as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
Amendment 747 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
(15a) In Article 22, the first subparagraph is replaced by the following: "The Annexes to this Directive, with the exception of Annexes I, IIa and IIb, may be amended 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, verification of emissions and activity."
Amendment 762 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 768 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1 – point (a)
Article 27 – paragraph 1 – point (a)
Amendment 769 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Article 1 – paragraph 1 – point 23 b (new)
(23b) The following Article 28a(new) is added: Every 5 years, in line with the regular reviews foreseen in the Paris Agreement, the EU will assess its INDC in the context of global mitigation efforts following a global stocktake of nationally-determined contribution. The Commission shall submit a report assessing, in particular, the following elements: the implication of the options required at Union level; the efforts undertaken by other major economies, including developing countries; the Union industries' competitiveness in the context of carbon and investment leakage risks as well as the impact on the EU's industrialisation target of 20%. If, on that basis, the Commission deems it necessary to submit a legislative proposal to amend this Directive it shall in parallel present a full impact assessment and take into account the differentiated abilities and costs of decarbonisation in the power and industrial sectors covered by the EU ETS;