BETA

45 Amendments of Bas EICKHOUT related to 2015/0148(COD)

Proposal for a directive
Recital 2 a (new)

(2a) The ultimate objective 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. The Paris Agreement on Climate Change (the “Paris Agreement”), approved at the 21st conference of the parties (COP-21) to the UNFCCC, marks a new level of global commitment to limit and reduce greenhouse gas emissions, with all countries engaging in the efforts. The Paris Agreement set to strengthen the global response by holding the increase in the global average temperature to well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C. The Paris Agreement also aims to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century, on the basis of equity.

2016/08/04
Committee: ENVI

Proposal for a directive
Recital 3

(3) The ~~European Council confirmed that a well-functioning, reformed EU ETS with an instrument to stabilise the market will be the main European instrument to achieve this target, with~~reformed EU ETS needs to set an annual reduction factor of 2.28% from 2021 onwards~~, free allocation not expiring but existing measures continuing after 2020~~ and revise measures to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in oth~~er major economies, without reduc~~ird countries or subnational regions, increasing the share of allowances to be auctioned. The auction share should be expressed as a minimum percentage figure in the legislation, to enhance planning certainty as regards investment decisions, to increase transparency and to render the overall system simpler and more easily understandable.

2016/08/04
Committee: ENVI

Proposal for a directive
Recital 3 b (new)

(3b) In order to enhance ambition in the pre-2020 period and to reflect the well below 2°C global objective, the Union 2020 greenhouse reduction target of 20% below 1990 levels should be achieved with Union efforts solely. An amount of allowances up to the level of international credits (Certified Emission Reductions from the Clean Development Mechanism and Emission Reduction Units from Joint Implementation) that have been used in the EU ETS should be cancelled from the Market Stability Reserve.

2016/08/04
Committee: ENVI

Proposal for a directive
Recital 3 d (new)

(3d) Parties to the UNFCCC requested the Intergovernmental Panel on Climate Change (IPCC) to prepare a special report in 2018 on the 1.5°C objective, and decided to organise a facilitative dialogue to take stock of the collective ambition and progress in implementing commitments, with a view to informing Parties before their final submissions of Nationally Determined Contributions. The Paris Agreement also provides for a periodical stocktake of the implementation to assess the collective progress made towards the agreement's long-term goals, starting in 2023 and occurring every five years thereafter. The EU ETS should provide for regular reviews in order to update and enhance the Union's climate action in a manner that is consistent with the Paris Agreement.

2016/08/04
Committee: ENVI

Proposal for a directive
Recital 3 e (new)

(3e) Least Developed Countries (LDCs) are especially vulnerable to the effects of climate change, and are responsible only for very low levels of greenhouse gas emissions. Therefore, particular priority should be given to addressing the needs of LDCs through the use of EU ETS allowances to fund climate action, in particular adaptation to the impacts of climate change through the Green Climate Fund.

2016/08/04
Committee: ENVI

Proposal for a directive
Recital 9

(9) Member States should be allowed to partially compensate, in accordance with state aid rules, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.

2016/08/04
Committee: ENVI

Proposal for a directive
Recital 11

(11) A Modernisation Fund should be established from 23% of the total EU ETS allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Regulation 1031/2010. Member States who in 2013 had a GDP per capita at market exchange rates of below 60% below the Union average should be eligible for funding from the Modernisation Fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector while avoiding distortions of the internal energy market. The rules for governing the Modernisation Fund should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants. The function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds. That governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise of the EIB in the decision-making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the Modernisation Fund. Investments financed from the fund should be proposed by the Member States. To ensure that the investment needs in low income Member States are adequately addressed, the distribution of funds will take into account in equal shares verified emissions and GDP criteria. The financial assistance from the Modernisation Fund could be provided through different forms.

2016/08/04
Committee: ENVI

Proposal for a directive
Recital 12

(12) The European Council confirmed that the modalities, including transparency, of the optional free allocation to modernise the energy sector in certain Member States should be improved. Investments with a value of €10 million or more should be selected by the Member State concerned through a competitive bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the Energy Union objectives. Investments with a value of less than €10 million should also be eligible for funding from the free allocation. The Member State concerned should select such investments based on clear and transparent criteria. The results of this selection process should be subject to public consultation. The public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation.deleted

2016/08/04
Committee: ENVI

Jytte GUTELAND, Soledad CABEZÓN RUIZ, Jo LEINEN, Pavel POC, Susanne MELIOR, José BLANCO LÓPEZ, Simona BONAFÈ, Kathleen VAN BREMPT, Massimo PAOLUCCI, Damiano ZOFFOLI, Renata BRIANO, Elena GENTILE, Christel SCHALDEMOSE, Nicola CAPUTO, Bas EICKHOUT, Gerben-Jan GERBRANDY, José Inácio FARIA, Tibor SZANYI, Gilles PARGNEAUX

Proposal for a directive
Recital 13 a (new)

(13a) In line with the commitment of the co-legislators expressed in Directive 2009/29/EC of the European Parliament and of the Council1a and Decision No 406/2009/EC of the European Parliament and of the Council1b, all sectors of the economy should contribute to achieving greenhouse gas emission reductions, including international maritime shipping and aviation. The aviation sector is contributing to the reductions through its inclusion in the EU ETS. In the absence of an international agreement which includes international maritime emissions in its reduction targets through the International Maritime Organization, the sector should be included under the EU ETS and a fund should be established for ship operators' contributions and collective compliance relating to CO2 emissions already covered by the EU MRV system1c (emissions released in Union ports and during voyages to and from such ports). A share of revenues from the auction of allowances to the maritime sector should be used to improve energy efficiency and support investments in innovative technologies to reduce CO2 emissions in the maritime sector, including short sea shipping and ports. __________________ 1aDirective 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63). 1bDecision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136). 1cRegulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).

2016/08/04
Committee: ENVI

Jytte GUTELAND, Soledad CABEZÓN RUIZ, Jo LEINEN, Seb DANCE, Pavel POC, Susanne MELIOR, José BLANCO LÓPEZ, Kathleen VAN BREMPT, Massimo PAOLUCCI, Damiano ZOFFOLI, Renata BRIANO, Elena GENTILE, Christel SCHALDEMOSE, Nicola CAPUTO, Bas EICKHOUT, Gerben-Jan GERBRANDY, José Inácio FARIA, Gilles PARGNEAUX

Proposal for a directive
Article 1 – point -1 (new)

Directive 2003/87/EC
Article 2 – paragraph 1

(-1) In Article 2, paragraph 1 is replaced by the following: '1. This Directive shall apply to emissions from the activities listed in Annex I and greenhouse gases listed in Annex II. Emissions from maritime transport shall be covered by the scope of this Directive as set out in Chapter IVa.'

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point -1 f (new)

Directive 2003/87/EC
Article 3 a – paragraph 1 a (new)

(-1f) In Article 3a the following paragraph is added: 'For flights which depart to or arrive from an aerodrome situated outside the territory of a Member State to which the TFEU applies 50% of emissions shall be covered by the scope of this Directive.'

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 1

Directive 2003/87/EC
Article 3 d

Method of allocation of allowances for aviation through auctioning 1. In the period referred to in Article 3c(1), 15 % of allowances shall be auctioned. 2. From 1 January 2013, 15 % of allowances shall be auctioned. This percentage may be increased as part of the general review of this Directive. 3. containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2 of this Article or Article 3f(8). The number of allowances to be auctioned in each period by each Member State shall be proportionate to its share of the total attributed a(1) Article 3d is replaced by the following: Article 3d 'Article 3d Method of allocation of allowances for aviation through auctioning The total quantity of allowances for aviation activiation emissions for all Member States for the reference year reported pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred to in Article 3c(1), the reference year shall be 2010 and for each subsequent period referred to in Article 3c the reference year shall be the calendar year ending 24 months before the start of the period to which thees shall decrease annually to achieve the same emission reductions by 2030 as the other auction relates. That Regulation, 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). 4. determine the use to be made of revenues generated from the auctioning of allowances. Those revenues should be used to tackle climate change in the EU and third countries, inter alia, to reduce greenhouse gas emissions, to adapt to the impacts of climate change in the EU and third countries, especially developing countries, to fund research and development for mitigation and adaptation, including in particular in the fields of aeronautics and air transport, to reduce emissions through low-emission transport and to cover the cost of administering the Community scheme. The proceeds of auctioning should also be used to fund contributions to the Global Energy Efficiency and Renewable Energy Fund, and measures to avoid deforestation. Member States shall inform the Commission of actions taken pursuant to this paragraph. 5. Commission pursuant to this Directive does not free Member States from the notification obligation laid down in Article 88(3) of the Treaty.vities covered by the EU ETS. All allowances for aviation activities shall be auctioned and the revenues used for climate financing in vulnerable developing countries, including adaptation to the impact of climate change.' A Regulation shall be adopted It shall be for Member States to Information provided to the

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 1 b (new)

Directive 2003/87/EC
Article 3 e

Allocation and issue of allowances to 1. Article 3c, each aircraft operator may apply for an allocation of allowances that are to be allocated free of charge. An application may be made by submitting to the competent authority in the administering Member State verified tonne-kilometre data for the aviation activities listed in Annex I performed by that aircraft operator for the monitoring year. For the purposes of this Article, the monitoring year shall be the calendar year ending 24 months before the start of the period to which it relates in accordance with Annexes IV and V or, in relation to the period referred to in Article 3c(1), 2010. Any application shall be made a(1b) Article 3e is deleted. Article 3e aircraft operators For each period referred to in At least 218 months before the start of the period to which it relates or, in relation to the period referred to in Article 3c(1), by 31 March 2011. 2. of the period to which the application relates or, in relation to the period referred to in Article 3c(1), by 30 June 2011, Member States shall submit applications received under paragraph 1 to the Commission. 3. of each period referred to in Article 3c(2) or, in relation to the period referred to in Article 3c(1), by 30 September 2011, the Commission shall calculate and adopt a decision setting out: (a) be allocated for that period in accordance with Article 3c; (b) auctioned in that period in accordance with Article 3d; (c) special reserve for aircraft operators in that period in accordance with Article 3f(1); (d) allocated free of charge in that period by subtracting the number of allowances referred to in points (b) and (c) from the total quantity of allowances decided upon under point (a); and (e) allocate allowances free of charge to aircraft operators whose applications were submitted to the Commission in accordance with paragraph 2. The benchmark referred to in point (e), expressed as allowances per tonne- kilometre, shall be calculated by dividing the number of allowances referred to in point (d) by the sum of the tonne- kilometre data included in applications submitted to the Commission in accordance with paragraph 2 4. Within three months from the date on which the Commission adopts a decision under paragraph 3, each administering Member State shall calculate and publish: (a) for the period to each aircraft operator whose application it submitted to the Commission in accordance with paragraph 2, calculated by multiplying the tonne-kilometre data included in the application by the benchmark referred to in paragraph 3(e); and (b) each aircraft operator for each year, which shall be determined by dividing its total allocation of allowances for the period calculated under point (a) by the number of years in the period for which that aircraft operator is performing an aviation activity listed in Annex I. 5. February of each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year under this Article or Article 3f.At least 15 months before the start the total quantity of allowances to the number of allowances to be the number of allowances in the the number of allowances to be the benchmark to be used to the total allocation of allowances the allocation of allowances to By 28 February 2012 and by 28

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 2 c (new)

Directive 2003/87/EC
Article 6 – paragraph 1 – subparagraph 3 a (new)

(2c) In Article 6(1), the following fourth subparagraph is added: 'The competent authority shall cancel greenhouse gas emissions permits for electricity-generating installations with a capacity of 50 megawatts or more that have emissions of more than 550 g CO2/kWh of electrical output as of 1 January 2021.'

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 2 d (new)

Directive 2003/87/EC
Article 6 – paragraph 1 – subparagraph 3 b (new)

(2d) In Article 6 (1), the following fifth subparagraph is added: 'The competent authority shall cancel greenhouse gas emissions permits for electricity-generating installations with a capacity of 50 megawatts or more that have emissions of over 150 g CO2/kWh of electrical output as of 1 January 2030.'

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 3

Directive 2003/87/EC
Article 9 – paragraphs 2 and 3

Starting in 2021, the linear factor shall be 2.2%8% beginning from the allocation for 2020 or annual verified emissions of 2020, whichever is the lower.

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 4 – point a

Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2

From 2021 onwards, the share of allowances to be auctioned by Member States shall be 57% increasing in a linear manner with a view to reach 100% auctioning by 2035.

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 4 – point a

Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3

23% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain Member States as set out in Article 10d of this Directive (“"the Modernisation Fund”").

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 4 – point a

Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3 a (new)

An additional 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to finance climate action in Least Developed Countries, in particular for adaptation to the impacts of climate change, through the United Nations Green Climate Fund.

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 4 – point b b (new)

Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part

(bb) In paragraph 3, the introductory part is replaced by the following: '3. Member States shall determine the use of revenues generated from the auctioning of allowances. At least 50 % of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in paragraph 2, points (b) and (c), or the equivalent in financial value of these revenues, sh~~ould~~all be used for financing climate action in vulnerable developing countries, including to reduce greenhouse gas emissions, and to adaptation to the impact of climate change. The rest shall be used for one or more of the following:'

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 4 – point c

Directive 2003/87/EC
Article 10 – paragraph 3 – point j

'(j) to fund financial measures in favour of sectors or subsectors that are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that these measures meet the conditions set out in Article 10a(6);'deleted

2016/07/14
Committee: ENVI

Proposal for a directive
Article 1 – point 5 – point a

Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2

The Commission is~~hall be~~ empowered to adopt a delegated act in accordance with Article 23~~. This act shall also~~ to supplement this Directive by provideing for additional allocation from the new entrants reserve for significant production ~~increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation~~changes. They shall, in particular, provide that any 15% increase or decrease in production expressed as a rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11 is adjusted with a corresponding amount of allowances by placing allowances into, and releasing them from, the reserve referred to in paragraph 7.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 5 – point b

Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)

(iia) By way of derogation regarding the benchmark values for grey cement clinker and white cement clinker, those benchmark values shall be replaced by a product benchmark for cement based on the clinker to cement ratio in the period between 2007 and 2008 and adjusted by the applicable percentage in accordance with this paragraph.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 5 – point d

Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1

(d) the first subparagraph of paragraph 6 is replaced by the following: 'Member States should adopt financial measures in favour of sectors or sub- sectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, taking into account any effects on the internal market. Such financial measures to compensate part of these costs shall be in accordance with state aid rules.'deleted

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 5 – point e – point i

Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1

~~Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up~~3 % of the Union-wide quantity of allowances determined in accordance with Articles 9 and 9a during the period 2021 to 20230 shall be set aside for new entrants and significant production increases~~, together with 250 million allowances placed in the market stability reserve pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*)~~.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 5 – point f

Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1

4600 million allowances shall be available to ~~support~~leverage investments, using a variety of instruments managed by the European Investment Bank or other existing successful funding instruments, in innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2 from industrial applications as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 5 – point f

Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2

The allowances shall be made available for innovation in low-carbon industrial products, technologies and processes and support for demonstration projects for the development of a wide range of ~~CCS and~~ innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. Eligible low-carbon industrial projects shall contribute to emission reductions of at least 20% below the benchmark as set out in paragraph 2. In order to promote innovative projects, up to 60% of the relevant costs of projects may be supported, out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 5 – point f

Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3

In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/…1814 shall supplement any existing resources remaining under this paragraph for projects referred to ~~above~~in subparagraphs 1 and 2, with projects in all Member States including small-scale projects, ~~before~~from 20218. Projects shall be selected on the basis of objective and transparent criteria that include requirements for knowledge- sharing.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 6

Directive 2003/87/EC
Articles 10b and 10c

(6) Articles 10b and 10c are replaced by the following: 1. Sectors and sub-sectors ~~where~~in which the product exceeds ~~0.2~~2,5 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries or subnational regions that are not implementing comparable carbon pricing or other measures in relation to the sector or subsector concerned plus the value of imports from third countries or subnational regions and the total market size for the European Economic Area (annual turnover plus total imports from third countries) that are not implementing comparable carbon pricing or other measures in relation to the sector or subsector concerned, by their emission intensity, measured in kgCO2 divided by their gross value added (in €EUR), shall be deemed to be at risk of carbon leakage. Such sectors and sub-sectors shall be allocated allowances free of charge for the period up to 2030 at 1090% of the quantity determined in accordance with the measures adopted pursuant to Article 10a. Sectors and sub-sectors in which the product is below 2,5 but above 1.0 shall be deemed to be at medium risk of carbon leakage. Such sectors and sub-sectors shall be allocated allowances free of charge for the period up to 2030 at 60% of that quantity. Sectors and sub-sectors in which the product is below 1,0 but above 0,2 shall be deemed to be at low risk of carbon leakage. Such sectors and sub-sectors shall be allocated allowances free of charge for the period up to 2030 at 30% of that quantity.

2016/08/23
Committee: ENVI

Proposal for a directive
Article 1 – point 6

Directive 2003/87/EC
Articles 10b – paragraph 1a (new)

1a. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices, and shall be allocated no allowances free of charge.

2016/08/23
Committee: ENVI

Proposal for a directive
Article 1 – point 6

Directive 2003/87/EC
Article 10b – paragraph 2

2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria: (a) for individual installations in the sector or sub-sectors concerned to reduce emission levels or electricity consumption; (b) characteristics; (c) indicator of long-run investment or relocation decisions.deleted the extent to which it is possible current and projected market profit margins as a potential

2016/08/23
Committee: ENVI

Proposal for a directive
Article 1 – point 6

Directive 2003/87/EC
Article 10b – paragraph 3

3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices, and shall be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.deleted

2016/08/23
Committee: ENVI

Proposal for a directive
Article 1 – point 6

Directive 2003/87/EC
Article 10b a (new)

'Article 10ba Allowance Import Requirement The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning harmonised measures to require importers to surrender allowances in respect of imported cement, clinker, or other energy-intensive goods where those sectors receive no free allocation within the EU ETS. The Commission shall adopt such delegated acts by 30 June 2019. The measures referred to in the first paragraph shall, to the extent feasible, ensure that installations in the EU ETS that receive no free allocation and which are at significant risk of carbon leakage are on a comparable footing with those in third countries. The Commission shall keep the measures under regular review so as to ensure that an allowance import requirement is imposed only where it is fully justified.'

2016/08/23
Committee: ENVI

Proposal for a directive
Article 1 – point 7

Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2

The investments supported shall be consistent with the Union's long-term climate and energy goals, with the aims of this Directive and the European Fund for Strategic Investments, as well as with Annex I of the European Investment Bank Climate Strategy. The fund shall not support energy generation from coal.

2016/08/23
Committee: ENVI

Proposal for a directive
Article 1 – point 7

Directive 2003/87/EC
Article 10d – paragraph 3

~~3. The funds shall be distributed based on a combination of a 50% share of verified emissions and a 50% share of GDP criteria, leading to the distribution set out in Annex IIb.~~deleted

2016/08/23
Committee: ENVI

Proposal for a directive
Article 1 – point 7

Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 1

The fund shall be governed by an investment board and a management committee, which shall be composed of representatives from ~~the beneficiary~~all the Member States, the Commission~~, the EIB and three representatives elected by the other Member States~~ and the EIB for a period of 5 years. The investment board shall be responsible to determine a Union- level investment policy, appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day- to-day management of the fund.

2016/08/23
Committee: ENVI

Proposal for a directive
Article 1 – point 10 a (new)

Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 1 a (new)

(10a) In Article 12, a new subparagraph is added to paragraph 3 as follows: 'By way of derogation, electricity generators shall surrender a number of allowances twice the total emissions from that installation during the preceding calendar year as verified in accordance with Article 15.'

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 11

Directive 2003/87/EC
Article 13 – subparagraph 1a (new)

A number of allowances in the MSR equal to the number of international credits that have been used in the EU ETS shall not be valid after 2020.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 22

Directive 2003/87/EC
Article 25a – paragraph 1 – subparagraph 2

Where necessary, the Commission may ~~adopt amendments~~submit a legislative proposal to the European Parliament and Council to provide for flights arriving from the third country concerned to be excluded from the aviation activities listed in Annex I or to provide for any other amendments to the aviation activities listed in Annex I which are required by an agreement ~~pursuant to the fourth subparagraph. The Commission shall be empowered to adopt such amendments in accordance with Article 23~~with that third country.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 22 f (new)

Directive 2003/87/EC
Article 30 a (new)

(22f) The following Article is inserted: 'Article 30a Adjustments upon global stocktake under the UNFCCC and the Paris Agreement Within six months of the facilitative dialogue to be convened under the UNFCCC in 2018 to take stock of the collective efforts of Parties in relation to progress towards the global long-term goal, and within six months of the global stocktake in 2023 and subsequent global stocktakes thereafter, the Commission shall submit a report assessing the need to update the carbon leakage provisions and to enhance the Union's climate action. The report shall be accompanied by legislative proposals, as appropriate. In its report, the Commission shall assess in particular the appropriate increase of the linear factor referred to in Article 9, the development of carbon pricing mechanisms outside the Union and the evidence of cost-pass through, as well as the necessity for additional policies and measures enhancing the greenhouse gas reduction commitments of the Union and of Member States.'

2016/07/07
Committee: ENVI

Jytte GUTELAND, Soledad CABEZÓN RUIZ, Jo LEINEN, Seb DANCE, Pavel POC, Susanne MELIOR, José BLANCO LÓPEZ, Kathleen VAN BREMPT, Massimo PAOLUCCI, Damiano ZOFFOLI, Renata BRIANO, Elena GENTILE, Christel SCHALDEMOSE, Nicola CAPUTO, Bas EICKHOUT, Gerben-Jan GERBRANDY, José Inácio FARIA, Gilles PARGNEAUX

Proposal for a directive
Article 1 – point 22 g (new)

Directive 2003/87/EC
Chapter IV a (new)

(22g) The following Chapter is inserted: 'CHAPTER IVa MARITIME SECTOR Article 30b Scope The provisions of this Chapter shall apply to the allocation and issue of allowances in respect of carbon dioxide (CO2) emissions from ships arriving at, within or departing from ports under the jurisdiction of a Member State in accordance with the provisions laid down in Regulation (EU) 2015/757, starting from 1 January 2021. Articles 12 and 16 shall apply to the maritime activities in the same manner as to other activities. Article 30b Extra allowances for maritime sector By 2 August 2018, the Commission shall adopt delegated acts in accordance with Article 23 to set the total quantity of allowances in line with other sectors and the method of allocation of allowances for the maritime sector through auctioning and the special provisions with regard to the administering Member State. 20% of the revenues generated from the auctioning of allowances referred to in article 30c shall be used through the fund established under article 30c ('Maritime Climate Fund') to improve energy efficiency and support investments in innovative technologies to reduce CO2 emissions in the maritime sector, including short sea shipping and ports. Article 30c Maritime Climate Fund 1. A fund to compensate for maritime emissions, improve energy efficiency and facilitate investments in innovative technologies to reduce the CO2 emissions of the maritime sector shall be established. 2. By derogation from Article 12, ship operators may pay to the fund an annual membership contribution in accordance with their total emissions reported for the preceding calendar year under Regulation (EU) 2015/757. The fund shall surrender allowances collectively on behalf of ship operators which are members of the fund. The contribution per tonne of emissions shall be set by the fund by 28 February each year, at least at the level of the market price for allowances in the preceding year. 3. The fund shall acquire allowances equal to the collective total quantity of emissions of its members during the preceding calendar year and surrender them in the registry established under Article 19 by 30 April each year for subsequent cancellation. Contributions shall be made public. 4. The fund shall also improve energy efficiency and facilitate investments in innovative technologies to reduce CO2 emissions in the maritime sector, including short sea shipping and ports, through the revenues referred to in paragraph 2 of article 30b. All investments supported by the fund shall be made public and be consistent with the aims of this Directive. 5. The Commission is empowered to adopt a delegated act in accordance with Article 23 to supplement this Directive concerning the implementation of this Article. Article 30d International cooperation In the event that an international agreement on global measures to reduce GHG emissions from maritime transport is reached, the Commission shall review this Directive and shall, if appropriate, propose amendments in order to ensure alignment with that international agreement.'

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 24

Directive 2003/87/EC
Annex IIb

(24) Annex IIb is ~~amended in accordance with the Annex II to this Directive~~deleted.

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 25 a (new)

Directive 2003/87/EC
Annex IV – part A – subheading 2 – subparagraph 4

(25a) In Annex IV, part A, subheading 2, subparagraph 4 is replaced by the following: 'Accepted emission factors shall be used. Activity-specific emission factors are acceptable for all fuels. Default factors are acceptable for all fuels except non- commercial ones (waste fuels such as tyres and industrial process gases). Seam- specific defaults for coal, and EU-specific or producer country-specific defaults for natural gas shall be further elaborated. IPCC default values are acceptable for refinery products. The emission factor for biomass waste and residues shall be zero.'

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 – point 25 b (new)

Directive 2003/87/EC
Annex IV – part B – subheading 1 – subparagraph 5

(25b) In Annex IV, part B, subheading 1, subparagraph 5 is replaced by the following: 'Default IPCC emission factors, taken from the 2006 IPCC Inventory Guidelines or subsequent updates of these Guidelines, shall be used unless activity-specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate. To account for non-CO2 effects, the emissions factors chosen shall be multiplied by two. The emission factor for biomass waste and residues shall be zero.'

2016/07/07
Committee: ENVI

Proposal for a directive
Article 1 a (new)

Article 1a Amendments to Decision (EU) 2015/1814 Decision (EU) 2015/1814 is amended as follows: In Article 1, the following paragraph is inserted: '6a. In any year, if the total number of allowances in the market stability reserve in x-1 is higher than 50% of the amount of allowances issued in that year, any additional allowances to be placed in the reserve shall be cancelled.'

2016/07/07
Committee: ENVI