31 Amendments of Elżbieta Katarzyna ŁUKACIJEWSKA related to 2021/0211(COD)
Amendment 71 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) The EU ETS should contribute to effectively decarbonising maritime transport activities as much as possible. The transition from fossil fuels to renewable and low-carbon fuels will play a considerable role in that process. However, considering the high level of competition between shipping companies and the important price differential between conventional fuels and renewable and low-carbon fuels, this transition should be supported through economic incentives that reflect the environmental benefit of alternative fuels and make them more competitive for shipping companies thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to shipping companies, in proportion to the amount of alternative fuels used and reported. The amount of allowances allocated for free should be adjusted with multipliers in order to take into account that some types of alternative fuels deliver higher environmental benefits and are more costly to purchase for shipping companies. The Commission should regularly review the level of the multipliers based on fuels market price information.
Amendment 74 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17 b) Where necessary, the Commission should review Regulation 2015/757, to ensure that the information on the use of all types of alternative fuels, is available for the purpose of determining the amount of free allowances under the EU ETS.
Amendment 77 #
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17 c) A Maritime Transition Fund (‘the Maritime Fund’) should be established to provide funds to the Member States to support their policies supporting maritime transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable alternative fuels as defined in Regulation on the use of renewable and low-carbon fuels in maritime transport XXX/XXX, including systems for collection of raw materials for alternative fuels, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new engines and technologies, and ports infrastructure. The Commission should submit legislative proposals for the creation of a Maritime Fund. The Maritime Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of maritime allowances. The Maritime Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article322 TFEU, in particular Regulation(EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
Amendment 177 #
Proposal for a directive
Recital 53 a (new)
Recital 53 a (new)
(53 a) With a view to ensuring cost- effective and fair reduction of greenhouse gas emissions from the sectors in accordance with the scope of Chapter IVa, Member States should have the flexibility to balance their reductions achieved in those sectors as they are covered also by the Regulation (EU)2018/842, once it applies to those sectors. Where Member States for a given year have reduced their emissions in those sectors more than proportionate under the Regulation (EU)2018/842, it is fair that they may provide a recompense to those sectors. It should thus be possible for Member States in such cases to grant a limited amount of free allocation of ETS allowances in those sectors while ensuring that respective cost advantages are passed on to citizens and businesses.
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
Amendment 307 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga new
Article 3ga new
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd new
Article 3gd new
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 6 – point e
Article 6 – point e
(e) an obligation to surrender allowances equal to the total emissions of the installation in each calendar yeareach calendar year allowances in accordance with provisions of this Directive, as verified in accordance with Articles3gc and 15, within four months following the end of that year;.
Amendment 342 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget and revenues transferred to Aviation Transition Fund, Maritime Transition Fund in accordance with Article 3dnew and3gd (new). Member States, shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:;
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point h a (new)
Article 10 – paragraph 3 – point h a (new)
(h a) to finance measures to support airports decarbonisations in accordance with Regulation xxx/xxxx on the deployment of alternative fuels infrastructure, and Regulation xxxx/xxxx on ensuring a level playing field for sustainable air transport;
Amendment 350 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
(c a) Article 10 - paragraph 3 - subparagraph 2 "(c a) In paragraph 3, the second subparagraph is amended as follows: " Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies, including in particular in developing countries, or domestic regulatory policies, which leverage financial support, established for the purposes set out in the first subparagraph, including the transfers to Aviation Fund and Maritime Fund, and which have a value equivalent to at least 950 % 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. en (Directive 2003/87/EC)
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the timing, administration and other aspects of auctioning, including the modalities for the transfer of a share of revenues to the Union budget, Aviation Fund and Maritime Fund in order to ensure that it is conducted in an open, transparent, harmonised and non- discriminatory manner.
Amendment 355 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 1
Article 10a – paragraph 1a – subparagraph 1
1a. No free allocation shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of application of the Carbon Border Adjustment Mechanismwhen CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products.
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
(-a) Article 12(1) is replaced as following : " 1. Member States shall ensure that allowances can be transferred between: (a) personregulated entities within the Union ; (b) personregulated entities within the Union and persons in third countries, where such allowances are recognised in accordance with the procedure referred to in Article 25 without restrictions other than those contained in, or adopted pursuant to, this Directive Or. en (Directive 2007/87/EC)
Amendment 377 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point a new
Article 12 – paragraph 3 – point a new
(a a) An aircraft operator shall receive allowances free of charge proportional with the use of sustainable aviation fuels, including renewable fuels of non- biological origin. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to subpagraph (ab) of this Article
Amendment 378 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
(a b) The amount of allowances received free of charge by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: (a) By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. (b) By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. (c) By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive.
Amendment 379 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 a c new
Article 12 – paragraph 3 a c new
(a c) An aircraft operator shall also receive allowances free of charge proportional with the use of best available aircraft technology in the previous year. (a) The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the EU taxonomy. Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance shall apply. (b) An operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year to the competent authorities. These shall request that the reported data is substantiated and verify the data. (c) To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology.
Amendment 380 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc and provisions of Article 3ga.
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e a (new)
Article 1 – paragraph 1 – point 15 – point e a (new)
Directive 2003/87/EC
Article 12 – paragraph 4
Article 12 – paragraph 4
(e a) paragraph 4 is amended as follows: "4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the personregulated entity holding them. In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). " Or. en ((Directive 2003/87/EC))
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 399 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 19 – paragraph 2a (new)
Article 19 – paragraph 2a (new)
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 1
Article 30d – paragraph 1
1. From 2026, allowances covered by this Chapter shall be auctioned, unless they are placed in the Market Stability Reserve established by Decision (EU) 2015/1814 or they are granted as free allowances for Member States after they notified the Commission in accordance with the Regulation (EU) 2018/842. The allowances covered by this Chapter shall be auctioned separately from the allowances covered by Chapters II, IIa and III.
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 3a (new)
Article 30d – paragraph 3a (new)
3 a. 25 % of the total quantity of allowances covered by this Chapter shall be auctioned and the revenues generated therefrom shall be allocated to EU budget as own resources in accordance with Article 2(e)(1) of the Decision (EU, Euratom) 2020/2053
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 3b new
Article 30d – paragraph 3b new
3 b. 25 % of the total quantity of allowances covered by this Chapter shall be auctioned and the revenues generated therefrom shall be allocated to the Social Climate Fund established by Regulation (EU)20…/xxx [Social Climate Fund Regulation].
Amendment 421 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5
Article 30d – paragraph 5
5. Member States shall determine the use of revenues generated from the auctioning of allowances referred to in paragraph 4, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget as provided in paragraph 3a of this Article and except for the revenues transferred to the Social Climate Fund in accordance with paragraph 3b of this Article. Member States shall use their revenues for one or more of the activities referred to in Article 10(3) or for one or more of the following:
Amendment 425 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5 – point b – subparagraph 2
Article 30d – paragraph 5 – point b – subparagraph 2
Member States shall use a part of their auction revenues generated in accordance with this Article to address social aspects of the emission trading under this Chapter with a specific emphasis on vulnerable households, vulnerable micro-enterprises and vulnerable transport users as defined under Regulation (EU) 20…/nnxxx [Social Climate Fund Regulation](*). Where a Member State submits to the Commission a [Social Climate Plan] pursuant to that Regulation, the Member State shall use those revenues inter alia to finance that plan including as national contribution as provided in Article 14 of the Regulation (EU) 20…/xxx [Social Climate Fund Regulation.
Amendment 426 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5 – point b – subparagraph 3
Article 30d – paragraph 5 – point b – subparagraph 3
Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies or regulatory policies, which leverage financial support, established for the purposes set out in the first subparagraph and which have a value equivalent to the revenues generated from the auctioning of allowances referred to in this Chapterin accordance with paragraph , subparagraph 1 of this Article.
Amendment 429 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 e a new
Article 30 e a new
Article 30 e a Free allowances 1. Member State may grant free allocation to regulated entities during the period of 24 months following the year in which its reviewed greenhouse gas emissions from the sectors covered by this chapter for a given year in the period from 2026 to 2030 are below its sectoral annual emission benchmark determined by Article 4 of Regulation (EU)2018/842. The Member State concerned shall notify the Commission of the amount of free allocation it intends to use. 2. Regulated entities shall apply for free allocation in the following two years after the Member State complied with the conditions under Article 3 and Article 5 of Regulation (EU)2018/842. Member States shall ensure that regulated entities may apply for free allowances on pro-rate basis of what they bought or have to surrender for the year in which entitlement for free allocation has arisen. 3. Member state shall ensure that free allowances are surrendered timely and not bunkered in the upcoming years and with priority over auctioned ones, and that regulated entities/fuel suppliers demonstrate that they passed on the price advantage on consumers in given Member State. 4. The Commission is empowered to adopt delegated act in accordance with Article 23 to supplement this Directive concerning the implementation of this Article.
Amendment 438 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 1
Article 30h – paragraph 1
1. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than twice the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 50 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 2
Article 30h – paragraph 2
2. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than three times the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 150 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 470 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1