6 Amendments of Britta REIMERS related to 2012/0202(COD)
Amendment 37 #
Proposal for a decision
Recital 1 a (new)
Recital 1 a (new)
(1a) In accordance with Article 2(b) of Council Decision 1999/468/EC, the regulatory procedure can only be used to change non-essential provisions of the basic legal act. In accordance with Article 9 of Directive 2003/87/EC the Commission determines the absolute Community-wide quantity of allowances on an annual basis. The Commission has no discretionary power with respect to the absolute amount of allowances. Article 10 of Directive 2003/87/EC provides for the auctioning of allowances on the basis of the absolute amount determined under the procedure provided for in Article 9 of Directive 2003/87/EC. The auctioning process is designed to amend non- essential elements of Directive 2003/87/EC. The Commission's proposal to amend Article 10, paragraph 4, subparagraph 1, last sentence of Directive 2003/87/EC – namely the determination of the appropriate corrections to the annual volumes of emission trading allowances to be auctioned in 2013 – 2020 – are in essence an intervention in the basic requirements laid down in Article 9 of Directive 2003/87/EC. Such interventions can only be determined in the ordinary legislative procedure and cannot be considered as a non-essential adjustment of the basic legal act. Hence such corrections cannot be decided in a comitology process (regulatory procedure with scrutiny) as proposed by the Commission. They require a legislative act by both the European Parliament and the Council upon a proposal from the Commission.
Amendment 38 #
Proposal for a decision
Recital 1 b (new)
Recital 1 b (new)
(1b) Recalling the aim set out in Article 1 of Directive 2003/87/EC the EU emissions trading system was established in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner.
Amendment 39 #
Proposal for a decision
Recital 1 c (new)
Recital 1 c (new)
(1c) The Commission Communication entitled "A Stronger European Industry for Growth and Economic Recovery"1 recalls that "affordable and reliable access to energy and raw materials are becoming increasingly important as they account for a significant part of the cost in many industries" while "European industry is on the average facing higher prices than industries in other developed economies such as the US, Canada, Mexico and Korea, and this price gap has increased over the last decade" and the Communication therefore concludes that "the impact on the price of energy in Europe should be carefully considered when defining future energy policies". ___________ 1 COM(2012)0582
Amendment 42 #
Proposal for a decision
Recital 2
Recital 2
(2) For the purposes of legal certainty and market predictability, it should be clarified that, in order to ensure an orderly functioning of the market, the Commission is able in exceptional circumstances toshould not adapt the auction timetable pursuant to Article 10(4) of Directive 2003/87/EC.
Amendment 47 #
(2a) The given emission reduction aims for 2020 will be reached at any price – even at EUR 0 per certificate – due to the limited number of allowances representing the overall cap of the emissions trading system.
Amendment 63 #
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
The Commission shall, where appropriate, not adapt the timetable for each period so as to ensure an orderly functioning of the market.