34 Amendments of Georgs ANDREJEVS related to 2008/0013(COD)
Amendment 44 #
Proposal for a directive – amending act
Recital 2
Recital 2
(2) The ultimate objective of the United Nations Framework Convention on Climate Change, which was approved on behalf of the European Community by Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change (UNFCCC), is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. In order to meet that objective, the overall global annual mean surface temperature increase should not exceed 2°C above pre-industrial levels. The latest Intergovernmental Panel on Climate Change Assessment (IPCC) report shows that, in order to reach that objective, global emissions of greenhouse gases must peak by 2020. This implies the increasing of efforts by the Community and the quick involvement of developed and newly industrialised countries and encouraging the participation of developing countries in the emission reduction process.
Amendment 50 #
Proposal for a directive – amending act
Recital 4
Recital 4
(4) In order to contribute to achieving those long-term objectives, it is appropriate to set out a predictable path according to which the emissions of installations covered by the Community scheme should be reduced. To achieve cost-effectively the commitment of the Community to at least a 20% reduction in greenhouse gas emissions below 1990 levels, emission allowances allocated in respect of those installations should be 21% below their 2005 emission levels by 2020, which is approximately 30 % below their 1990 levels.
Amendment 57 #
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. , provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries contribute adequately according to their responsibilities and respective capabilities. A fair burden sharing between the Community scheme and other sectors of the economy, based on scientific evidence, has to be ensured.
Amendment 76 #
Proposal for a directive – amending act
Recital 10
Recital 10
(10) Where equivalent measures to reduce greenhouse gas emissions, in particular taxation, are in place for small installations whose emissions do not exceed a threshold of 1025 000 tonnes of CO2 per year, there should be a procedure for enabling Member States to exclude such small installations from the emissions trading system for so long as those measures are applied. This threshold relatively offers the maximum gain in terms of reduction of administrative costs for each tonne excluded from the system, for reasons of administrative simplicity. As a consequence of the move from five-year allocation periods, and in order to increase certainty and predictability, provisions should be set on the frequency of revision of greenhouse gas emission permits.
Amendment 85 #
Proposal for a directive – amending act
Recital 12
Recital 12
(12) This contribution is equivalent to a reduction of emissions in 2020 in the Community scheme of 21% below reported 2005 levels, which is approximately 30 % below their 1990 levels, including the effect of the increased scope from the period 2005 to 2007 to the period 2008 to 2012 and the 2005 emission figures for the trading sector used for the assessment of the Bulgarian and Romanian national allocation plan for the period 2008 to 2012, leading to an issue of a maximum of 1 720 million allowances in the year 2020. Exact quantities of emissions will be calculated once Member States have issued allowances pursuant to Commission Decisions on their national allocation plans for the period 2008 to 2012, as the approval of allocations to some installations was contingent upon their emissions having been substantiated and verified. Once the issue of allowances for the period 2008 to 2012 has taken place, the Commission will publish the Community-wide quantity. Adjustments should be made to the Community-wide quantity in relation to installations which are included in the Community scheme during the period 2008 to 2012 or from 2013 onwards.
Amendment 121 #
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 n. No free allocation should be given for carbon capture and storage as the incentive for thisto installations for the capture, pipelines for the transport or sites for the storage of CO2 emitted as a consequence of their activities, as the incentive for capturing and storing CO2 arises from allowances not being requirin need tof being surrendered in respect of emissions which are stored and otherwise would have been emitted. 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 134 #
Proposal for a directive – amending act
Recital 17
Recital 17
(17) For other sectors covered by the Community scheme, a transitional system should be foreseen for which grants free allocation in 2013 would be 80% of the amount that corresponded to the percentage of the overall Community- wide emissions, throughout the period 2005 to 2007 that those installations emitted as a proportion of the annual Community-wide total quantity of allowances. Thereafter, the free allocation should decrease each year by equal amounts resulting in no free allocation in 2020o the extent feasible, based on sector specific benchmarks.
Amendment 144 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) TransitionalIn the absence of an international agreement which provides for equal treatment of the sectors affected, free allocation to installations should be provided for through harmonised Community-wide rules (sector specific "benchmarks") in order to minimise distortions of competition within the Community. These rules should take accountbe based ofn the most greenhouse gas and energy efficient techniques and technologies, and take account of the potential, including the technical potential, to reduce emissions, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage and renewables. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is aper unit of productioned. 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 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. In defining the principles for setting benchmarks in individual sectors, the Commission should consult with the sectors concerned.
Amendment 146 #
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 within 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. They shall further avoid undue distortions of competition between industrial activities carried out in installations operated by a single operator and production in outsourced 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, which is not the case of electricity recovered from unavoidable waste gases and other residues, and electricity produced in connection with industrial heat consumption for the own consumption of the operators of the installations. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned.
Amendment 177 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should 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 special regard 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 a significant risk of carbon leakage. This report should be accompanied by any appropriate proposals which may include adjusting the proportion of allowances received free of charge and, as a complementary measure, 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 but also address exports. 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 201 #
Proposal for a directive – amending act
Recital 25
Recital 25
(25) Once a future international agreement on climate change has been reached, CDM credits from third countriesERs originating from projects started after the conclusion of that agreement should only be accepted in the Community scheme once those countries have ratified the international agreement.
Amendment 219 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2003/87/EC
Article 1 – new paragraph
Article 1 – new paragraph
It also provides for the reductions of greenhouse gas emissions to be increased so as to contributecontribute without placing a disproportionate burden on the sectors concerned to the levels of reductions that are considered scientifically necessary to avoid dangerous climate change.
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 285 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
The Commission shall review the linear factor no later than 202516.
Amendment 381 #
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, at the latest 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.
Amendment 389 #
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, establish harmonised sector specific benchmarks to 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. They shall be based on the most efficient techniques and technologies, and take into account of the most efficient techniquepotential, including the technical potential, to reduce emissions, substitutes, alternative production processes, and the use of biomass and greenhouse gas capture and storage, and. The measures shall not give incentives to increase emissions per unit of production. No free allocation shall be made in respect of any electricity production. In defining the principles for setting benchmarks in individual sectors, the Commission shall consult with the sectors concerned.
Amendment 400 #
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 electricity produced in connection with industrial heat consumption or produced from residues from an industrial process provided that it is for the own consumption of the operators of the installations; such allocations shall be made under the same allocation principles as applied to that industrial activity as mentioned in Annex I. However, where a waste gas from a production process is used as a fuel, all allowances shall be allocated for free to the operator of the installation generating the waste gas according to the same allocation principles as applied for that installation.
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 445 #
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 mayshall be given to electricity generators in respect of the production of heatthe production of heat that is supplied to industries and other consumers 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 469 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
4. The maximum amount of allowances that is the basis for calculating allocations to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary to comply with the quantities determined according to paragraphs 1 to 3 and without changing the total quantity of allowances according to Article 9.
Amendment 481 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9 to comply with the quantities determined according to paragraphs 1 to 3 and without changing the total quantity of allowances according to Article 9.
Amendment 492 #
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, except for electricity produced in connection with industrial heat consumption or produced from residues from an industrial process provided that it is for the own consumption of the operators of the installations; such allocations shall be made under the same allocation principles as applied to that industrial activity as mentioned in Annex I. However, where a waste gas from a production process is used as a fuel, all allowances shall be allocated for free to the operator of the installation generating the waste gas with the same allocation principles as applied for that installation.
Amendment 509 #
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. SUntil an international agreement enters into force and subject to Articles 10b and 28, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013to installations not covered by paragraph 2 in 2013 and each subsequent year shall be 8100% 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 2020without changing the total quantity of allowances according to Article 9.
Amendment 524 #
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 540 #
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
Amendment 564 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 3 - introductory part
Article 10a - paragraph 9 - subparagraph 3 - introductory part
In the determination referred to in the first subparagraph 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 and the indirect effect of CO2 cost pass-through in power prices in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following:
Amendment 576 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point da (new)
Article 10a - paragraph 9 - point da (new)
(da) the effect of passing through CO2 costs in electricity prices on the sector or sub-sector concerned.
Amendment 587 #
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 and thereafter every five years, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, whilst providing for equal treatment of competing industries and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with special regard to energy-intensive sectors or sub- sectors that have beeno determined to beheir exposured to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include: - adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emiss according to paragraph 3. 2. The analytical report referred to in paragraph 1 shall be accompanied by any appropriate proposals, which take into consideration the timeframe until full implementation and shall include: - adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - for leakage effects not covered by other measures carbon equalisation systems for exporters and importers of products produced by the sectors covered by Article 10a. Such systems shall not reduce liquidity of the allowance market. Any binding sectoral agreements which provide for equal treatment of competing industries and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. 3. In the determinations reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. ferred to in paragraph 1, 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 installations operating in countries outside the Community that did not impose equivalent and verifiable constraints on emissions, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (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) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned; (e) the effect of passing through CO2 costs in electricity prices in 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 installations concerned may inter alia be used. 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 607 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b - indent 2 a (new)
Article 10b - indent 2 a (new)
- adjusting the number of allowances received free of charge to compensate for the indirect effect of passing through CO2 costs in electricity prices for those sectors determined in accordance with Article 10a(3) as being particularly impacted by this pass-through cost. Allowances for the compensation of pass-through of CO2 cost will be additional and subtracted from the allowances allocated according to Article 10(1) and shall not be subject to Article 12(1) and (3).
Amendment 668 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - paragraph 7
Article 11a - paragraph 7
7. Once an international agreement on climate change has been reached, only CERs from third countries which have ratified thatCERs originating from projects started after the conclusion of the future international agreement shall only be accepted in the Community scheme from third countries which have ratified that agreement.
Amendment 672 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a - paragraph 7 a (new)
Article 11a - paragraph 7 a (new)
7a. From 2013 on all operators who, in the period 2008 to 2012, used less than 6,5% of ERUs and CERs compared to their emissions and who do not carry over entitlements under paragraph 2, shall be allowed to use such credits up to 7 % of their emissions each year during the period from 2013 to 2020, as shall new entrants and new sectors.
Amendment 721 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 27 - paragraph 1
Article 27 - paragraph 1
1. Member States mayshall at the request of the operator exclude, from the Community scheme, combustion installations which have a rated thermal input below 25 MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
Amendment 752 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28 - paragraph 2
Article 28 - paragraph 2
2. From the year following the conclusion of the international agreement referred to in paragraph 1, the linear factor shall increase so that the Community quantity of allowances in 2020 is lower Commission shall, on the basis of a full impact assessment of the cost effectiveness of the means to achieve these reductions as well as impacts of other measures detailed withain 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 9ae international agreement, submit a legislative proposal to the European Parliament and the Council suggesting a further reduction of the Community quantity of allowances in 2020 taking into account the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement commits the Community.
Amendment 759 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28 - paragraph 2 a (new)
Article 28 - paragraph 2 a (new)
2a. An international agreement as referred to in paragraphs 1 and 2 shall be an agreement between countries which leads to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements. Such an international agreement should include a critical mass of world wide sectoral production. Countries subject to such an international agreement shall agree to implement and enforce measures which result in an equivalent burden for industries exposed to international competition.