60 Amendments of Gerben-Jan GERBRANDY related to 2015/0148(COD)
Amendment 155 #
Proposal for a directive
Recital 11
Recital 11
(11) A Modernisation Fund should be established from 10% of the allowances to be auctioned and 2% 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 in line with the Union's long-term climate and energy objectives, 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 and investment criteria 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.
Amendment 167 #
Proposal for a directive
Recital 12
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.
Amendment 171 #
Proposal for a directive
Recital 13
Recital 13
(13) EU ETS funding should be coherent with other Union funding programmes, including European Structural and Investment FundsHorizon 2020, the European Fund for Strategic Investments, European Structural and Investment Funds, and the European Investment Bank Climate Investment Strategy, so as to ensure the effectiveness of public spending.
Amendment 172 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 178 #
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2003/87/EC
Article 2 – paragraph 1
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.'
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2003/87/EC
Article 9 – paragraph 2 and 3
Article 9 – paragraph 2 and 3
Starting in 2021, the linear factor shall be 2.2%4% beginning from the average annual verified emissions from 2016 to 2018.
Amendment 190 #
Proposal for a directive
Article 1 – point -1 h (new)
Article 1 – point -1 h (new)
Directive 2003/87/EC
Article 3 c – paragraph 2 – subparagraph 1 a (new)
Article 3 c – paragraph 2 – subparagraph 1 a (new)
Amendment 195 #
Proposal for a directive
Article 1 – point -1 k (new)
Article 1 – point -1 k (new)
Directive 2003/87/EC
Article 3 d – paragraph 2 – subparagraph 1 a (new)
Article 3 d – paragraph 2 – subparagraph 1 a (new)
(-1k) In Article 3d (2), the following subparagraph is added: 'From 2021 onwards, the share of allowances to be auctioned by Member States shall be set in accordance with Article 10.'
Amendment 216 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/87EC
Article 9 – paragraphs 2 and 3
Article 9 – paragraphs 2 and 3
Starting in 2021, the linear factor shall be 2.2%. 4% of the quantity defined in paragraph 1, beginning from the average annual verified emissions for the period 2016 to 2018.
Amendment 260 #
Proposal for a directive
Article 1 – point 4 – point b – point ii
Article 1 – point 4 – point b – point ii
Directive 2003/87/EC
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
'(b) 10% of the total quantity of allowances to be auctioned being distributed amongst certain Member States for the purpoadded to the Modernisation Fund as set of solidarity and growth within the Community, thereby increasing the amount of allowances thatut in Article 10d of this Directive, the additional funds in those Member States aucodernisation Funder point (a) shall be distributed by the percentages specified in Annex IIa."; and'
Amendment 269 #
Proposal for a directive
Article 1 – point 4 – point b b (new)
Article 1 – point 4 – point b b (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
Amendment 285 #
Proposal for a directive
Article 1 – point 4 – point c b (new)
Article 1 – point 4 – point c b (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 b (new)
Article 10 – paragraph 3 – subparagraph 1 b (new)
(cb) in paragraph 3, the following subparagraph is inserted: 'This information shall be provided through a standardised template prepared by the Commission, including information on the use of auctioning revenues for the different categories and the additionality of the use of the funds. The Commission shall make this information public on its website.'
Amendment 288 #
Proposal for a directive
Article 1 – point 4 – point c b (new)
Article 1 – point 4 – point c b (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
(cb) in paragraph 3, subparagraph 2 is replaced by the following: '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 additional financial support, established for the purposes set out in the first subparagraph and which have a value equivalent to 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)and have reported these policies through a standardised template provided by the Commission.'
Amendment 314 #
Proposal for a directive
Article 1 – point 5 – point a d (new)
Article 1 – point 5 – point a d (new)
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 1 a (new)
Article 10a – paragraph 2 – subparagraph 1 a (new)
(ad) In paragraph 2, the following subparagraph is inserted: 'Free allocation shall only be given to sectors and subsectors for which data is provided in accordance with the harmonised established methodology.'
Amendment 392 #
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1
Article 10a – paragraph 7 – subparagraph 1
Amendment 400 #
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1
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 to 2020 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(*)will be placed in the MSR.
Amendment 406 #
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 2
Article 10a – paragraph 7 – subparagraph 2
From 2021, allowances not allocated to installations because of the application of paragraphs 19 and 20 shall be added to the reserveMSR.
Amendment 415 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
Amendment 425 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
The allowances shall be made available for innovation in low-carbon industrial 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 and shall enhance competitiveness and productivity. Eligible energy projects shall have the future prospect to significantly lower the costs of low-carbon energy production. 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. The Commission shall publish before 2018 the state aid guidelines for Member State co-financing of eligible projects.
Amendment 436 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2 a (new)
Article 10a – paragraph 8 – subparagraph 2 a (new)
CCU demonstration projects that trap carbon in a permanent form, which do not shift emissions to other sectors or delay the release of carbon, shall be eligible for support under the same conditions as demonstration projects for CCS.
Amendment 440 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/…1814 and unused funds from NER300 allowance auctions for the period between 2013 and 2020 shall supplement any existing resources remaining under this paragraph for projects referred to above, with projects in all Member States including small- scale projects, before 2021in subparagraphs 1 and 2, from 2018 onwards. Projects shall be selected on the basis of objective and transparent criteria.
Amendment 450 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – title
Article 10b – title
Amendment 453 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
Amendment 464 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
Amendment 491 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
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 not 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.
Amendment 498 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3 a (new)
Article 10b – paragraph 3 a (new)
3a. The Commission shall keep under review the development of carbon pricing mechanisms, or equivalent measures, outside the European Economic Area. The Commission may on this basis revise the carbon leakage provisions, or the list of third countries taken into account in the definition of exposure to the risk of carbon leakage. The Commission shall be empowered to adopt such changes in accordance with Article 23.
Amendment 521 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in €EUR at market prices below 60% of the Union average and have fully transposed and implemented the Third Energy Package1a may give a transitional free allocation to installations for electricity production for the modernisation of the energy sector. __________________ 1a The Third Energy Package contains two Directives and three Regulations: Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (OJ L 211, 14.8.2009, p. 55); Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 211, 14.8.2009, p. 94); Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (OJ L 211, 14.8.2009, p. 15); Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36) and Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, p. 1).
Amendment 534 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – introductory part
Article 10c – paragraph 2 – introductory part
2. The Member State concerned shall organise a competitive bidding process for projects with a total amount of investment exceeding €10 million to select the investments to be financed with free allocation. This competitive bidding process shall:
Amendment 538 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point b
Article 10c – paragraph 2 – subparagraph 1 – point b
(b) ensure that only projects which contribute to the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production,renewable energy, energy storage, upgrading heat distribution networks and upgrading electricity transmission and distribution sectors are eligible to bid;
Amendment 547 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point c – point i
Article 10c – paragraph 2 – subparagraph 1 – point c – point i
(i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions; where projects relate to electricity production, total CO2 emissions per kilowatt hour of electricity produced in the installation shall not exceed 350 grams;
Amendment 554 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point c – point ii
Article 10c – paragraph 2 – subparagraph 1 – point c – point ii
(ii) are additional, clearly respond to replacement and modernisation needs and, do not supply a market-driven increase in energy demand;, are not included in the first national investment plan and are supplementary to the investments required to comply with the Best Available Techniques Reference Document and BAT conclusions for Large Combustion Plants and other requirements in accordance with Directive 2010/75/EU1a; __________________ 1a. Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
Amendment 560 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 3
Article 10c – paragraph 2 – subparagraph 3
Amendment 560 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 – subparagraph 1 – point b
Article 10 c – paragraph 2 – subparagraph 1 – point b
(b) ensure that only projects which contribute to the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production,renewable energy, energy storage, upgrading heat distribution networks and upgrading electricity transmission and distribution sectorsinfrastructure are eligible to bid;
Amendment 571 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 3
Article 10c – paragraph 3
3. The value of the intended investments shall at least equal the market value of the free allocation, while taking into account the need to limit directly linked price increases. The market value shall be the average of the price of allowances on the common auction platform in the preceding calendar year. Up to 60% of the relevant costs of an investment may be supported with free allocation.
Amendment 572 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 4
Article 10c – paragraph 4
4. Transitional free allocations shall be deducted from the quantity of allowances that the Member State would otherwise auction. The total free allocation shall be no more than 40% of the allowances which the Member State concerned receives in the period 2021-30 pursuant to Article 10(2)(a) spread out in equal annual volumes over the period from 2021-and shall decrease linearly over the period from 2021 to 2030, reaching zero free allocation in 2030.
Amendment 573 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – Paragraph 2 – subparagraph 1 – point c – point i
Article 10 c – Paragraph 2 – subparagraph 1 – point c – point i
(i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions; where projects relate to electricity production, total CO2 emissions per kilowatt hour of electricity produced in the installation shall not exceed 350 grams.
Amendment 579 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 2 – subparagraph 1 – point c – point ii
Article 10 c – paragraph 2 – subparagraph 1 – point c – point ii
(ii) are additional, clearly respond to replacement and modernisation needs and, do not supply a market-driven increase in energy demand; , and are supplementary to the investments required to comply with the Best Available Techniques Reference Document and BAT conclusions for Large Combustion Plants and other requirements in accordance with Directive 2010/75/EU; Or. en (Directive 2010/75/EU)
Amendment 580 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 6
Article 10c – paragraph 6
6. Member States shall require benefiting electricity generators and network operators to report by 28 February of each year on the implementation of their selected investments. Member States shall annually report on this to the Commission, and the Commission shall make such reports public.
Amendment 582 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 6 a (new)
Article 10c – paragraph 6 a (new)
6a. In case of a reasonable suspicion of irregularities or a failure by a Member State to report according to the provisions set out in paragraphs 2 to 6, the European Commission may undertake an independent investigation, where necessary assisted by a contracted third party. The Member State shall provide all investment information and access necessary for the investigation, including access to installations and building sites. The Commission shall publish a report on that investigation.
Amendment 585 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 6 b (new)
Article 10c – paragraph 6 b (new)
Amendment 586 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 6 c (new)
Article 10c – paragraph 6 c (new)
6c. The Commission is empowered to adopt a delegated act in accordance with Article 23 to supplement this directive concerning the implementation this article.
Amendment 596 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive and the European Fund for Strategic Investments, the Union's long-term climate and energy objectives, the European Fund for Strategic Investments and Annex I of the European Investment Bank Climate Strategy.
Amendment 598 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 a (new)
Article 10d – paragraph 1 a (new)
1a. Support to investments for energy efficiency shall be directed towards improving the energy performance of buildings.
Amendment 599 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 b (new)
Article 10d – paragraph 1 b (new)
1b. Where energy system modernisation investments relate to electricity production, total CO2 emissions per kilowatt hour of electricity produced in a given installation shall not exceed 350 grams.
Amendment 603 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – paragraph 4
Article 10 c – paragraph 4
4. Transitional free allocations shall be deducted from the quantity of allowances that the Member State would otherwise auction. The total free allocation shall be no more than 40% of the allowances which the Member State concerned receives in the period 2021-30 pursuant to Article 10(2)(a) spread out in equal annual volumes over the period from 2021-and shall linearly decrease over the period from 2021 to 2030, reaching zero free allocation in 2030.
Amendment 611 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 3 a (new)
Article 10d – paragraph 3 a (new)
3a. Any of the Member States referred to in paragraph 1 which has decided to grant transitional free allocation pursuant to Article 10c may transfer those allowances to its share of the Modernisation Fund set out in Annex IIb and allocate them pursuant to the provisions of Article 10d.
Amendment 611 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c – 6 a (new)
Article 10 c – 6 a (new)
6a. In case of a reasonable suspicion of irregularities or a failure by a Member State to report according to the provisions set out in paragraphs 2 to 6, the European Commission may undertake an independent investigation, where necessary assisted by a contracted third party. The Member State shall provide all investment information and access necessary for the investigation, including access to installations and building sites. The Commission shall publish a report on the investigation.
Amendment 618 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 1
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 Member States, the Commission, the EIBCommission, the EIB, three representatives elected by the beneficiary Member States for a period of 5 years and three representatives elected by the other Member States for a period of 5 years. The investment board shall be responsible to determine a Union-level investment policy, in line with Annex I of the EIB Climate Investment Strategy and consistent with Union policies appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day- to-day management of the fund.
Amendment 632 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 1 a (new)
Article 10 d – paragraph 1 a (new)
1a. Support to investments for energy efficiency shall be directed towards improving the energy performance of buildings.
Amendment 634 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 1 b (new)
Article 10 d – paragraph 1 b (new)
1b. Where energy system modernisation investments relate to electricity production, total CO2 emissions per kilowatt hour of electricity produced in the installation shall not exceed 350 grams.
Amendment 636 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 3
Article 10d – paragraph 4 – subparagraph 3
The composition of the management committee shall be composed of representativesstrive to be gender- balanced. The management committee shall, following an open and transparent selection procedure, be composed of independent experts, appointed by the investment board for a fixed term. Decisions of the management committee shall be taken by simple majority. The independent experts shall have a high level of relevant market experience in project structuring and project financing. The investment board shall strive to select experts having experience in investment in one or more of the following fields: research, development and innovation; energy infrastructure; energy efficiency and renewable energy; environmental protection and management; and SMEs. CVs and declarations of interest of the members of the management committee shall be made public and constantly updated. The investment board shall on an ongoing basis check the absence of any conflict of interest.
Amendment 643 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 4
Article 10d – paragraph 4 – subparagraph 4
If the EIB recommends not financing an investment and provides reasons for this recommendation, a decision shall only be adopted if a majority of two-thirds of all members vote in favour. The Member State in which the investment will take place and the EIB shall not be entitled to cast a vote in this case. For small projects funded through loans provided by a national promotional bank or through grants contributing to the implementation of a national programme serving specific objectives in line with the objectives of the Modernisation Fund, provided that not more than 10% of the Member States' share set out in Annex IIb is used under the programme, the two preceding sentences shall not apply.
Amendment 651 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 6 a (new)
Article 10d – paragraph 6 a (new)
6a. Decisions approving the use of the fund shall be public and accessible. The minutes of the investment board meetings shall be published as soon as they have been approved by the investment board. The investment board shall submit twice a year to the European Parliament, the Council and the Commission a list of all decisions of the managing committee rejecting the use of the fund. The Chairman of the investment board shall report to the European Parliament on a yearly basis.
Amendment 666 #
Proposal for a directive
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/87/EC
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
(8a) In Article 11, the following paragraph is added: '3 a. In case of a reasonable suspicion of irregularities or a failure by a Member State to provide the list and the information set out in paragraphs 1 to 3, the Commission may start an independent investigation, where necessary assisted by a contracted third party. The Member State concerned shall provide all information and access necessary for the investigation, including access to installations and production data. The Commission shall respect the same confidentiality on commercially sensitive information as the Member State concerned and shall publish a report on that investigation.'
Amendment 682 #
Proposal for a directive
Article 1 – point 15 a (new)
Article 1 – point 15 a (new)
Directive 2003/87/EC
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
(15a) In Article 21, the following paragraph is inserted: '2 a. The report shall, using data provided through the cooperation referred to in Article 18b, include a list of operators subject to the requirements of this Directive who have not opened a registry account.'
Amendment 684 #
Proposal for a directive
Article 1 – point 15 c (new)
Article 1 – point 15 c (new)
Directive 2003/87/EC
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
(15c) In Article 21 the following paragraph is added: '3 a. In case of a reasonable suspicion of irregularities or a failure by a Member State to report according to the requirements as set out paragraph 1, the Commission may undertake an independent investigation, where necessary assisted by a contracted third party. The Member State shall provide all information and access necessary for the investigation, including access to installations. The Commission shall publish a report on the investigation.'
Amendment 697 #
Proposal for a directive
Article 1 – point 22
Article 1 – point 22
Directive 2003/87/EC
Article 25a – paragraph 1 – subparagraph 2
Article 25a – paragraph 1 – subparagraph 2
Where necessary, the Commission may adopt amendmentssubmit a legislative proposal to the European Parliament and to the Council amending this Directive 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 23international or bilateral agreement.
Amendment 716 #
Proposal for a directive
Article 1 – point 22 g (new)
Article 1 – point 22 g (new)
Directive 2003/87/EC
Chapter IV a (new)
Chapter IV a (new)
Amendment 726 #
Proposal for a directive
Annex I
Annex I
Directive 2003/87/EC
Annex IIa – introductory part
Annex IIa – introductory part
'Increases in the percentage of allowances to be auctioned by Member States pursuant to Article 10(2)(a) for the purpose of solidarity and growth in order to reduce emissions and adapt to the effects of climate change.Distribution of additional funds in the Modernisation Fund up to 31 December 2030, resulting from adding 10% of the total quantity of allowances to be auctioned as set out in Article 10(2) point (b):'
Amendment 730 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 a (new)
Article 1 – paragraph 1 – point 8 a (new)
Directive 2003/87/EC
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
(8a) In Article 11, the following fourth paragraph is added: "4. In case of a reasonable suspicion of irregularities or a failure by a Member State to provide the list and the information set out in paragraphs 1 to 3, the European Commission may start an independent investigation, where necessary assisted by a contracted third party. The Member State shall provide all information and access necessary for the investigation, including access to installations and production data. The Commission shall respect the same confidentiality on commercially sensitive information as the Member State concerned and shall publish a report on the investigation."