26 Amendments of Philippe BUSQUIN related to 2008/0013(COD)
Amendment 97 #
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. TWithout prejudice to sector specific criteria these rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, generally applicable alternative production processes, use of biomass, renewables and greenhouse gas capture and storagethe potential including the technical potential to reduce emissions. Any such rules should not give incentives to indecrease emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading periospecific emissions. Allocations based on benchmarks must be fixed 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 equally 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, with the exception of electricity produced from waste gases from industrial production processes. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned.
Amendment 108 #
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 whichIn order to ensure the efficiency of the European emission allowance trading system and prevent European restrictions from prompting industry to move to countries with less stringent environmental restrictions - preventing a decrease in global emissions - energy- intensive industry sectors orand 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 requsubject to international competition need to introduce an efficient system enabling Community installations to be placed on the same footing as thired allowances in product prices without significant loss of market share tocountry installations, inter alia by subjecting importers to requirements comparable to those set by European Union installations outsidethrough the Ccommunity 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 amountpulsory surrender of allowances. This mechanism is intended for use only vis-à-vis countries which, following an international agreement, in the case of developed countries, have failed to give undertakings comparable to those assumed by the European Union in terms of fgree 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 agreementnhouse gas emission reduction or, in the case of emerging countries, have failed to introduce new and appropriate actions which are measurable, reportable and verifiable in accordance with the road map adopted at the Bali Conference. The Commission should identify sectors likely to be subject to carbon leakage on the basis of highly specific criteria so as to ensure that the risk of carbon leakage is properly estimated and to avoid any over- compensation. The border adjustment mechanism should be consistent with the Community’s international obligations, particularly as regards the WTO.
Amendment 117 #
Proposal for a directive – amending act
Recital 20 a (new)
Recital 20 a (new)
(20a) No undue distortion of competition should be created between installations whether they are externalised or not.
Amendment 155 #
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 a (new)
Article 3 – point u a (new)
(ua) ‘externalised installation’ means an installation owned and/or operated by a third party, which fulfils a function that may alternatively be provided by an internal production activity integrated into the production process of the economic sector concerned.
Amendment 225 #
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 waste gases from industrial production processes. Where a waste gas from a production process is used as a fuel, allowances shall be allocated to the operator of the installation generating the waste gas with the same allocation principles as applied for this installation.
Amendment 230 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
Article 10a – paragraph 1 a (new)
1a. Installations, whether they are externalised or not, will receive equal treatment as regards emissions allowances.
Amendment 233 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
Article 10a – paragraph 1 a (new)
1a. To those sectors were 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, a maximum amount of allowances shall be allocated for the CO2 cost pass-through in electricity prices. This allocation shall be based on the average yearly defined electricity consumption of those installations and the expected CO2 cost pass-through of typical marginal price-setting power production, and shall be in addition of any free allocation for direct emissions and without changing the total quantity of allowances in accordance with Article 9.
Amendment 253 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraphs 4 and 5
Article 10a – paragraphs 4 and 5
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 in accordance with paragraphs 1 to 3 and without changing the total quantity of allowances in accordance with Article 9. 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. A correction factor shall be applied where necessary to comply with the quantities determined in accordance with paragraphs 1 to 3 and without changing the total quantity of allowances in accordance with Article 9.
Amendment 273 #
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 waste gases from industrial production processes. Where a waste gas from a production process is used as a fuel, allowances shall be allocated to the operator of the installation generating the waste gas with the same allocation principles as applied for this installation.
Amendment 295 #
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 and without changing the total quantity of allowances according to Article 9.
Amendment 302 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraphs 1 to 3
Article 10a – paragraph 9 – subparagraphs 1 to 3
9. At the latest bBy 30 June 20106 and every 34 years thereafter the Commission shall determine the sectors referred to in paragraph 8review Annex 1a. The results of this review shall be implemented in 2020 and every 4 years thereafter. 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)]. All relevant social partners shall be consulted. In the determination of the sectors referred to in the first subparagraph 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 Communityinstallations operating in countries outside the Community that did not impose comparable 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.
Amendment 305 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
Article 10a – paragraph 9 – subparagraph 1
9. At the latest by 30 June 2010 and every 3 years thereafter09 the Commission shall determine the sectors referred to in paragraph 8 and the percentage of free allowances received by the installations in those sectors.
Amendment 314 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
Amendment 318 #
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 providing equivalent treatment of competing industries by complying with the criteria in paragraph 3, 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 been determined to be exposed to significant risks of carbon leakage. 2. Thise analytical report referred to in paragraph 1 shall be accompanied by any appropriate proposals, which maytake into consideration the timeframe until full implementation and shall include: - adjusting the proportion of allowances received free of charge by thoseall 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,covered by 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 comply with the relevant criteria of 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 13th Conference of the Parties to the UNFCCC, and 3rd Meeting of the Parties to the Kyoto Protocol, held in Bali, Indonesia from 3-14 December 2007.
Amendment 330 #
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 381 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Upon the conclusion by the Community of an international agreement on climate change complying with the criteria referred to in Article 10b(2a) and leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council on 8 and 9 March 2007, paragraphs 2, 3 and 4 shall apply.
Amendment 399 #
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)
ANNEX Ia The following Annex Ia shall be added to Directive 2003/87/EC: “ANNEX Ia List of energy intensive sectors exposed to a significant risk of carbon leakage Iron and steel … …*” * sectors to be specified by the Parliament and the Council before the adoption of this directive.
Amendment 554 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 1
Article 10a - paragraph 9 - subparagraph 1
At the latest by 30 June 20109 and every 35 years thereafter the Commission shall determine the sectors referred to in paragraph 8.
Amendment 561 #
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 of the sectors referred to in the first subparagraph 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 inthrough product prices without significant loss of either market share to less carbon efficient installations outside the Community, taking into accountor profitability or of investment opportunities to the same sector or sub- sector in countries outside the EU that do not impose comparable constraints on emissions. Relevant criteria are – inter alia - the following:
Amendment 567 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point a
Article 10a - paragraph 9 - point a
(a) the extent to which auctioning would lead to a substantial increase in production cost in industries with a high CO2 emission per unit of sales;
Amendment 570 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point b
Article 10a - paragraph 9 - point b
(b) the extent to which it is technically and economically possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques;
Amendment 571 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point c
Article 10a - paragraph 9 - point c
(c) the present and projected market structure, relevant geographic and product market, the exposure of the sectors to international competition taking into account inter alia transport and CO2 costs;
Amendment 575 #
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 577 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 4
Article 10a - paragraph 9 - subparagraph 4
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 700 #
Proposal for a regulation – amending act
Article 1 - point 19
Article 1 - point 19
Directive 2003/87/EC
Article 24 a
Article 24 a
1. In addition to the inclusions provided for in Article 24, the Commission mayshall adopt implementing measures for issuing allowances in respect of projects, which may involve companies, administered by Member States or companies that reduce greenhouse gas emissions outside of the Community scheme. 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)]. Any such measures shall not result in the double-counting of emissions reductions and impede the undertaking of other policy measures to reduce emissions not covered by the Community scheme. Provisions shall only be adopted where inclusion is not possible in accordance with Article 24, and the next review of the Community scheme shall consider harmonising the coverage of those emissions across the Community. 2. The Commission mayshall adopt implementing measures that set out the details for crediting Community-level projects referred to in paragraph 1. 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)].
Amendment 799 #
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 calcinations 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, except hazardous and non- hazardous waste recovery operations as defined by Annex IIB of Directive 91/156/EEC;