42 Amendments of Victor NEGRESCU related to 2021/0214(COD)
Amendment 40 #
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
(12a) It shall be incumbent upon the Commission to assist each Member State in effectively informing the authorities, businesses and, where necessary, members of the public about the regulatory content and consequences of CBAM implementation and ensuring that such information is provided.
Amendment 47 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
(2a) The Commission shall require Member States to ensure that the competent authorities offer staff members skills development and specialist training courses in the field as part of their activities.
Amendment 48 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
(2b) The Commission shall introduce SME and start-up information and advice programmes in all Member States in line with new requirements and market conditions.
Amendment 49 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
(3a) The Commission shall offer financial and technical support to Member States with fewer administrative and monitoring mechanisms to help them implement the CBAM instruments.
Amendment 54 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, and develop methods of calculating embedded emissions based on environmental footprint methods. The Commission shall undertake to consider ways of extending information collection and implementation mechanisms worldwide to make them more effective.
Amendment 85 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its communication on the European Green Deal31 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions (emissions after deduction of removals) of greenhouse gases (‘GHG emissions’) in 2050 and where economic growth is decoupled from resource use. The European Green Deal also aims to protect, conserve and enhance the EU’s natural capital, and protect the health and well- being of citizens and future generations from environment-related risks and impacts. At the same time, that transformation must be just and inclusive, leaving no one behind. The Commission also announced in its EU Action Plan: Towards Zero Pollution for Air, Water and Soil32 the promotion of relevant instruments and incentives to better implement the polluter pays principle as set out in Article 191(2) of the Treaty on the Functioning of the European Union (‘TFEU’) and thus complete the phasing out of ‘pollution for free’ with a view to maximising synergies between decarbonisation and the zero pollution ambition. _________________ 31 Communication from the Commission of 11 December 2019 on the European Green Deal (COM(2019) 640 final). 32 Communication from the Commission of 12 May 2021 on Pathway to a Healthy Planet for All (COM(2021) 400).
Amendment 107 #
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition whilst ensuring a sustainable level playing field and by incentivising more ambitious climate action internationally.
Amendment 128 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union. This gradual transition shall be supported by a review mechanism in which the Commission assesses the gradual implementation of the instrument, including the need for its scope extension.
Amendment 162 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS and where the carbon costs are equivalent to the ones under the EU ETS, in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union.
Amendment 201 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) The declaration should be harmonised with a common template and based on standardised carbon accounting methodologies and reporting requirements for embedded emissions in order to ensure a more effective and less contentious implementation of the CBAM.
Amendment 203 #
(42) The system should allow operators of production installations in third countries to register in a central database and to make their verified embedded GHG emissions from production of goods available to authorised declarants. An operator should be able to choose not to have its name, address and contact details in the central database made accessible to the public.
Amendment 216 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050 whilst preventing distortion of competition in the EU and global markets. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as downstream products using goods initially covered by this Regulation, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . The report should be based upon a review mechanism that assesses, in particular, the implementation of the Regulation vis- à-vis its objectives and the governance system. If appropriate, the report should be accompanied by legislative proposals whose entry into force should be consistent with the start of the implementation of CBAM. _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 232 #
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the Union should support less developed countries with the necessary technical assistance in order to facilitate their adaptation to the new obligations established by this regulation. The Union should make use of the Union policies and the Union budget to support those action, if appropriate.
Amendment 233 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) The European Green Deal and the new emission reductions targets will necessitate massive investments for a sustainable and fair transition. In this regard, keeping competitiveness of the EU industry in the decarbonisation efforts is essential not only for the sake of keeping jobs and a prosperous European economy. The Union and Member States should make use of its policies and budgets to provide the incentives to boost the competitiveness of low-carbon exports through namely the support to innovation.
Amendment 238 #
Proposal for a regulation
Recital 55 b (new)
Recital 55 b (new)
(55b) On 16 December 2020, the European Parliament, the Council and the Commission concluded the Interinstitutional agreement on budgetary discipline, cooperation on budgetary matters and sound financial management as well as on new own resources, including a roadmap towards the introduction of new own resources (IIA). The repayment of the principal of borrowed funds, by the Commission on behalf of the Union, to be used for expenditure under the European Union Recovery Instrument and the related interest due will have to be financed by the general budget of the Union, including by sufficient proceeds from new own resources introduced after 2021. Therefore, on 22 December 2021, the Commission proposed to amend the Own Resources Decision so that 75% of the revenues generated by a carbon border adjustment mechanism become an own resource for the EU budget. It is the responsibility of Member States to collect revenues from the sale of carbon border adjustment mechanism certificates.
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage and safeguard fair and undistorted competition, ensuring a sustainable level playing field for all.
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to goods as listed in Annex I, originating in a third country, when those goods, or processed products from those goods as resulting from the inward processing procedure referred to in Article 256 of Regulation (EU) No 952/2013 of the European Parliament and of the Council53 , are imported into the customs territory of the Union. Annex I shall be regularly assessed and potentially revised to take into account the establishment of a fair level playing field as referred in Article 30. _________________ 53 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
(12a) The Commission supports Member States to efficiently inform authorities, companies and, where necessary, citizens in each Member State about the regulatory content and consequences of implementing CBAM, and ensures that information is shared appropriately.
Amendment 281 #
Proposal for a regulation
Article 5 – paragraph 3 – point h a (new)
Article 5 – paragraph 3 – point h a (new)
(ha) the name and contact details of the third country competent authority in charge of collecting the carbon price paid by the operator in that third country, when relevant;
Amendment 286 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The Commission is empowered to adopt implementing acts, concerning the single standard format of the application and the delays and procedure to be followed by the competent authority when processing applications for authorisation in accordance with paragraph 1 and the rules for identification by the competent authority of the declarants for the importation of electricity. The format of the application shall allow for machine readability in order to ease the exchange of information across Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 287 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Competent authorities shall submit the standardised declaration form to a national registry and they should set up individual accounts of authorised declarants. Once the information is transmitted to a central registry, the Commission may request to remaining competent authorities any proof regarding the information established in paragraph 3(d).
Amendment 299 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waiveaccuracy of the information in the CBAM declaration, the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report.
Amendment 301 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent personaccredited verifier, required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 310 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by an operator of an installation located in a third country, register the information on that operator and on its installation in a central registry database referred to in Article 14(4) accessible by national competent authorities.
Amendment 311 #
Proposal for a regulation
Article 10 – paragraph 2 – point c a (new)
Article 10 – paragraph 2 – point c a (new)
(ca) the name and contact details of the third country competent authority in charge of collecting the carbon price paid by the operator in that third country, when relevant;
Amendment 326 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Competent authorities shall set up national registries with accounts of authorised declarants. These accounts shall be connected and interchangeable with all competent authorities and automatically integrated in a central registry system managed by the Commission.
Amendment 328 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall require that competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties, either automatically via the central registry database, or upon request and within a delay of 3 months, when another competent authority or the Commission issues such request for specific information related to the calculation of the CBAM certificates.
Amendment 331 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
(2a) The Commission requires Member States to ensure that competent authorities run skills development and specialist training courses in the field for employees.
Amendment 333 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
(2b) The Commission develops information and advice programmes for small and medium sized enterprises and newly created enterprises in the Member States to help them adapt to the new requirements and new market conditions.
Amendment 350 #
Proposal for a regulation
Article 14 – paragraph 2 – point d a (new)
Article 14 – paragraph 2 – point d a (new)
(da) new the carbon price paid in a third country for related embedded emissions;
Amendment 351 #
Proposal for a regulation
Article 14 – paragraph 2 – point d b (new)
Article 14 – paragraph 2 – point d b (new)
(db) the report of the accredited verifier;
Amendment 352 #
Proposal for a regulation
Article 14 – paragraph 2 – point d c (new)
Article 14 – paragraph 2 – point d c (new)
(dc) the procedures regarding the surrender of CBAM certificates.
Amendment 355 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall establish a central database accessible to the public containmake the information of the central database regarding the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.
Amendment 363 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
(3a) The Commission offers financial and technical support to Member States with a reduced administrative and enforcement capacity to help them implement CBAM.
Amendment 377 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the declarant has not been involved in a serious infringement or repeated infringements of customs legislation, taxation rules and market abuse rules and has no record of serious criminal offences relating to its economic activity during the five years preceding the application; the declarant is not resident for tax purposes in, or incorporated under the laws of, jurisdictions that feature on the EU list of non-cooperative jurisdictions;
Amendment 468 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist, inter alia, in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation or practices of resource shuffling.
Amendment 479 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraph 2 may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex I. The Commission shall continually monitor any significant change of pattern of trade of goods, resource shuffling and slightly modified products at Union level.
Amendment 487 #
5. Where the Commission, taking into account the relevant data, reports and statistics, including when provided by the customs authorities of Member States, has sufficient reasons to believe that the circumstances referred to in paragraph 3 are occurring in one or more Member States, it is empowered to adopt delegated acts in accordance with Article 28 to supplement the scope of this Regulation in order to include slightly modified products or practices of resource shuffling for anti- circumvention purposes.
Amendment 506 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, and develop methods of calculating embedded emissions based on environmental footprint methodsuch as downstream products using goods covered by this Regulation, notably taking into consideration both environmental risks and the necessity to maintain a sustainable level playing field, and develop methods of calculating embedded emissions based on environmental footprint methods. Particular attention should be given to goods such as organic basic chemicals, hydrogen and polymers.
Amendment 507 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
(1) The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, and develop methods of calculating embedded emissions based on environmental footprint methods. The Commission undertakes to explore the possibility of extending the collection of information and implementation mechanisms worldwide with a view to making it efficient.
Amendment 522 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The report by the Commission shall, if appropriate, be accompanied by afurther legislative proposals.
Amendment 537 #
Proposal for a regulation
Article 35 – paragraph 2 – point d
Article 35 – paragraph 2 – point d
(d) the carbon price due in a country of origin for the embedded emissions in the imported goods, which is not subject to an export rebate or other form of compensation on exportation.