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20 Amendments of Robert GOEBBELS related to 2008/0013(COD)

Amendment 67 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Recital 13
(13) The additional effort to be made by the European economy requires inter alia that the revised Community scheme operate with the highest possible degree of economic efficiency and on the basis of fully harmonised conditions of allocation within the Community. Auctioning shouldmust therefore be the basic principle for allocation, as it is the simplest and generally considered to be the most economically efficient system. This should also eliminate windfall profits and put new entrants and higher than average growing economies on the same competitive footing as existing installations.
2008/06/23
Committee: ITRE
Amendment 72 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Recital 15
(15) Given the considerable efforts of combating climate change and of adapting to its inevitable effects, it is appropriate that at least 2100% of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for reducing emissions and adaptation, to develop renewable energies to meet the EU’s commitment to using 20% renewable energies by 2020, to meet the commitment of the Community to increase energy efficiency by 20% by 2020, for the capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund, for measures to avoid deforestation and facilitate adaptation in developing countries, and for addressing social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxes. In addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. Provisions should be included on monitoring the use of funds from auctioning for these purposes. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the TreatyIn addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme.
2008/06/23
Committee: ITRE
Amendment 83 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Recital 16 a (new)
(16a) Whether or not produced in combination with electricity, heat supplied for the use of industry, should receive free allowances in accordance with the proportion of free allowances allocated to the industrial sectors concerned. Whether or not produced in combination with electricity, heat supplied for the use of district heating qualifying under the Guidelines on State aid for environmental protection should receive free allowances to ensure equal treatment with regard to other producers of heat that are not covered by the community scheme.
2008/06/23
Committee: ITRE
Amendment 108 #
Robert GOEBBELS, Françoise GROSSETÊTE, Philippe BUSQUIN, Hannes SWOBODA
Proposal for a directive – amending act
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 which 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 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 agreementIn 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 sectors and sub-sectors subject to international competition need to introduce an efficient system enabling Community installations to be placed on the same footing as third country installations, inter alia by subjecting importers to requirements comparable to those set by European Union installations through the compulsory 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 greenhouse 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.
2008/06/23
Committee: ITRE
Amendment 112 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Recital 20
(20) The Commission should therefore review the situation by June 20110 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify which energy intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. Itshould be identified in the body of the directive. It is vital that this list should be able to be supplemented so that all industrial sectors and sub-sectors liable to this risk can be identified by 30 June 2009 at the latest. This list could be reviewed or supplemented subsequently so as to take into account - using the same criteria - the effects of changes in the global situation. The Commission should base its analysis on the assessment of the inabilidifficulty tof passing on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement. Comparable undertakings assumed between developed countries and the contributions of developing countries, particularly the most economically advanced developing countries, should be measurable, verifiable and reportable. The methods of measurement and verification should be recognised at international level.
2008/06/23
Committee: ITRE
Amendment 140 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 2 – point b
Directive 2003/87/EC
Article 3 – point h
h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit or updated its greenhouse gas emission permit because of a change in its character or operation, or a significant extension of the installation itself, or of its capacity’s use, subsequent to the submission to the Commission of the list referred to in Article 11(1);";
2008/06/26
Committee: ITRE
Amendment 149 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u
[(u)] 'Electricity generator' means an installation or part of an installation that, on or after 1 January 2005, has produced electricity for sale to third parties, and which is only covered by the category 'Supply of power or heat' in Annex I. The supply of electricity under a purchase obligation shall not be considered a sale to a third party, unless the take-over tariff contains an adjustment mechanism enabling the price of allowances to be reflected in the tariff.
2008/06/26
Committee: ITRE
Amendment 167 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 7
Directive 2003/87/EC
Article 10
1. From 2013 onwards, Member States shall auction all allowances which are not allocated free of charge in accordance with Article 10a. 2. The total quantity of allowances to be auctioned by each Member State shall be composed as follows: (a) allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of verified emissions under the Community scheme in 2005 of the Member State concerned (b) allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and growth within the Community, thereby increasing the amount of allowances that those Member States auction under point (a) by the percentages specified in Annex IIa. For the purposes of point (a), in respect of Member States which did not participate in the Community scheme in 2005, their share shall be calculated using their verified Community scheme emissions under the Community scheme in 2007. If necessary, the percentages referred to in point (b) of the first subparagraph shall be adapted in a proportional manner to ensure that the redistribution is 10%. 3. At least 20% of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in point (b) thereof, should be used for the following: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (c) for the capture and geological storage of greenhouse gases, in particular from coal power stations; (d) for measures to avoid deforestation, in particular in Least Developed Countries; (e) to facilitate developing countries' adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme. 4. Member States shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 2010, the Commission shall adopt a Regulation on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. Auctions shall be designed to ensure that operators, and in particular any small and medium size enterprises covered by the Community scheme, have full access and any other participants do not undermine the operation of the auction. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. a Community body shall auction all allowances which are not allocated free of charge in accordance with Article 10a. 90% of the total quantity of 10% of the total quantity of 3. The EU shall use 100 % of the revenues generated from the auctioning of allowances for the following: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency, Renewable Energy and Non-Carbon Energy Fund, to adapt to the impacts of climate change and to fund research and development for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (c) for the capture and geological storage of greenhouse gases, in particular from coal power stations; (ca) development of clean energy vectors; (d) for measures to avoid deforestation, in particular in Least Developed Countries; (e) for aid to some Member States to promote solidarity and growth in the Community, up to 10% of the revenue from the auctions for all these Member States, and for aid to facilitate developing countries' adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme, up to [x% to be decided] of the total revenue from the auctions. 4. The Commission shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC. 5. By 31 December 2009, the Commission shall adopt a Regulation in accordance with the regulatory procedure with scrutiny referred to in Article 23(3) on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. The auction system shall be designed to ensure a continuously liquid and transparent market. To ensure that these objectives are achieved, the above Regulation shall be based on the following principles : - use of a single system, accessible from a distance, simple (one round), effective, available at an acceptable cost, and its integrity guaranteed by a single manager at Community level; - guaranteed access to the auction at minimal cost for any actor providing proof of solvency and holding an open account in the allowances register; - the regulation shall lay down a timetable of volumes to be auctioned, consistent with deadlines for repayment of allowances and with the undertakings’ financial constraints; this timetable shall exclude recourse to a single auction for the whole period. The Regulation shall provide for supervision of this market by an existing organisation or one to be set up, with a similar remit to that of supervisory bodies for raw materials markets.
2008/06/26
Committee: ITRE
Amendment 173 #
Robert GOEBBELS
Proposal for a directive – amending act
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 whicho ensure that the European emission allowance market is able to operate effectively and that European constraints do not prompt industry to relocate to countries where the environmental constraints are not so strong – thus preventing any reduction in global emissions – highly 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 requshould be encompassed within an effective system serving to put installations from the Community and those from thired allowanccountries ion product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requira comparable footing, for instance by imposing requirements on importers comparable to those applying to EU installations, to that end providing for the compulsory surrender of allowances. The above arrangement is intended to apply only, in the case of developing countries, to those to those which, under a future international agreement, will not have entered into commitments comparable to those of the EU regarding the reduction of greenhouse gas emissions; or, in the case of emerging countries, to those which have failed to provide for appropriate, measurable, notifiable, and verifiable new initiatives, as laid down ing 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 agreementroad map adopted at the Bali Conference. The Commission should compile a list of sectors at risk of carbon leakage, applying very precise criteria enabling it to ascertain that the carbon leakage risk has been estimated accurately and to avert all forms of overcompensation. The border adjustment mechanism has to be compatible with the Community’s international obligations, not least in relation to the World Trade Organisation.
2008/07/08
Committee: ENVI
Amendment 228 #
Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3 a (new)
Where an unavoidable gas from a production process is used as a fuel, allowances shall be allocated to the operator of the installation generating the unavoidable gas with the same allocation principles as applied for that installation.
2008/06/26
Committee: ITRE
Amendment 244 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of Whether or not produced in combination with electricity, heat supplied for the use of industry shall receive free allowances in accordance with the proportion of free allowances allocated to the industrial sectors concerned. Whether or not produced in combination with electricity, heat supplied for the use of district heating qualifying under the Guidelines on State aid for environmental protection shall receive free allowances to ensure equal treatment with regard to other productioners of theat theat shall be adjusted by the linear factor referred to in Article 9are not covered by the EU ETS.
2008/06/26
Committee: ITRE
Amendment 275 #
Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
No free allocation shall be made in respect of any electricity production by new entrants. Auctioning shall not apply to electricity produced from the use of unavoidable residues and unavoidable gases from production processes with the aim of using the corresponding amount of electricity within the installation having generated those gases.
2008/06/30
Committee: ITRE
Amendment 277 #
Anne LAPERROUZE, Jorgo CHATZIMARKAKIS, Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3 a (new)
By 30 June 2010 at the latest, the Commission shall publish the harmonised rules on allocation to new entrants and rules intended to optimise the industrial plant – pooling, closures, transfers within the EU – drawn up and adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).
2008/06/30
Committee: ITRE
Amendment 305 #
Robert GOEBBELS, Françoise GROSSETÊTE, Philippe BUSQUIN, Hannes SWOBODA
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
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.
2008/06/30
Committee: ITRE
Amendment 314 #
Robert GOEBBELS, Françoise GROSSETÊTE, Philippe BUSQUIN, Hannes SWOBODA
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Measures to support certain energy intensive industries in the event of carbon Not later than June 2011, 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, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed 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 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 appropriate. Requirement for importers to surrender allowances leakage 1. As from 1 January 2013, importers of products determined in accordance with the conditions laid down in paragraph 2 below and for which a methodology has been established in accordance with the conditions laid down in paragraph 3 shall be, respectively, required to surrender allowances or authorised to receive free allowances in accordance with the procedures laid down in paragraph 3. 2. The products giving rise to the provisions of paragraph 1 are those which present a risk of carbon leakage and which come from countries which, in the case of developed countries, have not undertaken commitments comparable to those of the European Union in terms of reducing greenhouse gas emissions and, in the case of emerging countries, have not put in place appropriate new actions which can be measured, communicated and verified. In the light of the outcome of the international negotiations, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall establish, by 30 June 2010, a list of the countries of origin affected by these provisions. Also in the context of the procedure provided for in Article 23(2), the Commission shall establish a list of sectors and products giving rise to those provisions by assessing the risk of emissions leakage based on the sectors referred to in Article 10a(8) and the following criteria: (a) the impact of the emissions trading scheme, in terms of marginal cost (including through an opportunity cost) in the case of a free allocation or average cost in the case of an auction, on production costs; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels, for instance by using the most efficient technologies; (c) market structure, relevant geographic and product market and 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) predictable changes in global and regional demand for each sector; (f) the cost of transport of goods for the sector; (g) the cost of investing in the construction of a new production unit for the sector in question. The provisions laid down in paragraph 1 shall not apply to imports of goods produced in countries or regions linked to the EU emissions trading scheme under the provisions of Article 25 of this Directive. 3. The quantity of allowances which importers shall be required to surrender shall be equivalent to the difference between: - on the one hand, the average greenhouse gas emission per tonne produced resulting from the Community- wide production of the goods concerned, multiplied by the tonnage of imported goods. In this second calculation, the average emission may be replaced by a more favourable emission factor if the importer is able to provide proof, on the basis of an audit carried out by a verifying entity accredited by the European Union, that the production process at the origin of his products produces lower emissions than the European average; and, on the other hand, the average quantity of free allowances for the production of those products Community- wide. The difference between the first and second aggregate shall determine, if positive, the quantity of allowances which the importers are required to surrender, or, if negative, the quantity which they may receive free of charge. To determine the average quantity of greenhouse gas resulting from the Community-wide production of various goods or categories of goods, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall take into account the reported emissions, verified in accordance with the conditions laid down in Article 14. 4. To facilitate the establishment of the method for calculating the surrender of allowances on import in accordance with paragraph 3, the Commission may require operators to report on the manufacture of the products concerned, and require independent verification of that reporting in accordance with the guidelines adopted pursuant to Articles 14 and 15. Those requirements may include reporting on the levels of emissions covered by the EU emissions trading scheme which are associated with the manufacture of each product or category of products. 5. A regulation adopted in accordance with the procedure provided for in Article 23(2) shall lay down the conditions for surrender or free allocation of allowances for importers. That regulation shall also set out the conditions under which importers to whom this article applies shall declare the necessary surrender of allowances with regard to the quantity of goods imported. 6. The total quantity of allowances which the Member States may auction in accordance with Article 10 shall be increased by the quantity of allowances surrendered by importers to meet the requirement referred to in paragraph 1, and reduced by the quantity of allowances received by importers pursuant to that same paragraph. These variations shall be divided up among the Member States in accordance with the rules laid down in Article 10(2). 7. The additional auction revenue generated by the requirement for importers to surrender allowances shall be divided up among the Member States in accordance with the procedures provided for in paragraph 6. The Member States shall pay 50% of that additional revenue into the global adaptation fund. 8. To meet their surrender requirement under paragraph 1, importers may use allowances, ERUs and CERs up to the percentage used by operators during the preceding year, or allowances from the emissions trading scheme of a third country which is recognised as corresponding to a level of constraint equivalent to that of the Community scheme. 9. Not later than June 2010, 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, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals for, in particular, adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a. The report shall also describe the progress of the implementing measures for setting up a border adjustment mechanism as provided for in paragraphs 1 to 8. 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 appropriate.
2008/06/30
Committee: ITRE
Amendment 331 #
Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 2 a (new)
2a. An international agreement including energy-intensive industries exposed to a significant risk of carbon leakage, or a sector specific international agreement on such industries must comply at least with the following criteria in order to provide a level playing field on installation level for sectors determined to be exposed to significant risks of carbon leakage: (a) the participation of countries representing a critical mass of at least 85% of worldwide production, including the main emerging markets, (b) equivalent CO2 emission targets, (c) similar emission reduction systems with equivalent effect and based on benchmarks and imposed by all participating countries or from countries with non-equivalent CO2 emission targets in sectors covered by the EU ETS (d) materials in competition have to be subject to equivalent restrictions taking into account life cycle aspects, (e) an effective international monitoring and verification system, (f) a binding dispute settlement regime and clear sanctioning rules, comparable to the EU system.
2008/06/30
Committee: ITRE
Amendment 369 #
Robert GOEBBELS
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1
1. The Commission shall, by 30 June1 December 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The measures referred to in the first subparagraph shall, to the extent feasible, constitute harmonised measures designed to ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and technologies 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 generated as a by-product of an industrial process, through the use of heat, water vapour or gases deriving from the industrial process. 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.
2008/07/15
Committee: ENVI
Amendment 553 #
Robert GOEBBELS
Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10 a - paragraph 9 - paragraph 1
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 installations in those sectors.
2008/07/15
Committee: ENVI
Amendment 584 #
Robert GOEBBELS
Proposal for a directive – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10b
Measures to support certain energy intensive industries in the event of carbon leakage Not later than June 2011, 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, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed 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 emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, Requirement for importers to surrender allowances 1. As from 1 January 2013, importers of products determined in accordance with the conditions laid down in paragraph 2 below and for which a methodology has been established in accordance with the conditions laid down in paragraph 3 shall be, respectively, required to surrender allowances or authorised to receive free allowances in accordance with the procedures laid down in paragraph 3. 2. The products giving rise to the provisions of paragraph 1 are those which present a risk of carbon leakage and which come from countries which, in the case of developed countries, have not undertaken commitments comparable to those of the European Union in terms of reducing greenhouse gas emissions and, in the case of emerging countries, have not put in place appropriate new actions which can be measured, communicated and verified. In the light of the outcome of the international negotiations, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall establish, by 30 June 2010, a list of the countries of origin affected by these provisions Also in the context of the procedure provided for in Article 23(2), the Commission shall establish a list of sectors and products to which this article shall apply, in accordance with the risk they present of emissions leakage, based on the sectors referred to in Article 10a(8) and the following criteria: a) the impact of the emissions trading system, in terms of marginal cost (including through an opportunity cost) in the case of a free allocation or average cost in the case of an auction, on production costs; b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels, for instance by using the most efficient technologies; c) market structure, relevant geographic and product market and 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) predictable changes in global and regional demand for each sector; f) the cost of transport of goods for the sector; g) the cost of investing in the construction of a new production unit for the sector in question. The provisions laid down in paragraph 1 shall not apply to imports of goods produced in countries or regions linked to the EU emissions trading system under the provisions of Article 25 of this Directive. 3. The quantity of allowances which importers shall be required to surrender shall be equivalent to the difference between: - on the one hand, the average greenhouse gas emission per tonne produced resulting from the Community- wide production of the goods concerned, multiplied by the tonnage of imported goods. In this second calculation, the average emission may be replaced by a more favourable emission factor if the importer is able to provide proof, on the basis of an audit carried out by a verifying entity accredited by the European Union, that the production process at the origin of his products produces lower emissions than the European average; - and, on the other hand, the average quantity of free allowances for the production of those products Community- wide. The difference between the first and second aggregate shall determine, if positive, the quantity of allowances which the importers are required to surrender, or, if negative, the quantity which they may receive free of charge. To determine the average quantity of greenhouse gas resulting from the Community-wide production of various goods or categories of goods, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall take into account the reported emissions, verified in accordance with the conditions laid down in Article 14. 4. To facilitate the establishment of the method for calculating the surrender of allowances on import in accordance with paragraph 3, the Commission may require operators to report on the manufacture of the products concerned, and require independent verification of that reporting in accordance with the guidelines adopted pursuant to Articles 14 and 15. Those requirements may include reporting on the levels of emissions covered by the EU emissions trading system which are associated with the manufacture of each product or category of products. 5. A regulation adopted in accordance with the procedure provided for in Article 23(2) shall lay down the conditions for surrender or free allocation of allowances for importers. That regulation shall also set out the conditions under which importers to whom this article applies shall declare the necessary surrender of allowances with regard to the quantity of goods imported. 6. The total quantity of allowances which the Member States may auction in accordance with Article 10 shall be increased by the quantity of allowances surrendered by importers to meet the requirement referred to in paragraph 1, and reduced by the quantity of allowances received by importers pursuant to that same paragraph. These variations shall be divided up among the Member States in accordance with the rules laid down in Article 10(2). 7. The additional auction revenue generated by the requirement for importers to surrender allowances shall be divided up among the Member States in accordance with the procedures provided for in paragraph 6. The Member States shall pay 50% of that additional revenue into the climate change adaptation fund. 8. To meet their surrender requirement under paragraph 1, importers may use allowances, ERUs and CERs up to the percentage used by operators during the preceding year, or allowances from the emissions trading system of a third country which is recognised as corresponding to a level of constraint equivalent to that of the Community system. 9. Not later than June 2010, 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, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals for, in particular, adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a. The report shall also describe the progress of the implementing measures for setting up a border adjustment mechanism as provided for in paragraphs 1 to 8. 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 appropriate.
2008/07/15
Committee: ENVI
Amendment 623 #
Robert GOEBBELS
Proposal for a directive – amending act
Article 1 - point 9
Directive 2003/87/EC
Article 11 - paragraph 2 - subparagraph 2
An installation which ceases to operate shall receive no further free allowances, unless the operator demonstrates to the competent authority that it will replace in his home country production within a specified and reasonable time.
2008/07/15
Committee: ENVI
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