54 Amendments of Andrey KOVATCHEV related to 2015/0148(COD)
Amendment 84 #
Proposal for a directive
Recital 2
Recital 2
(2) The European Council of October 2014 made a commitment to reduce the overall greenhouse gas emissions of the Union by at least 40% below 1990 levels by 2030. All sectors of the economy should contribute to achieving these emission reductions and the target will be delivered in the most cost-effective manner through the Union emission trading system (EU ETS) delivering a reduction of 43% below 2005 levels by 2030. This was confirmed in the intended nationally determined reduction commitment of the Union and its Member States submitted to the Secretariat of the UN Framework Convention on Climate Change on 6 March 201516 . The burden of the emission reductions should be fairly shared between sectors covered by the EU ETS, and comparable efforts should be made concerning aviation emissions from intra-Union flights. __________________ 16 http://www4.unfccc.int/submissions/indc/S ubmission%20Pages/submissions.aspx
Amendment 86 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In accordance with the Agreement adopted in Paris at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change of 12 December 2015 (the 'Paris Agreement') and 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 are required to contribute to the reduction of CO2 emissions. To this end, efforts to limit international maritime emissions through the International Maritime Organisation (IMO) are under way and should be encouraged, with the aim of establishing a clear IMO action plan for climate policy measures to reduce CO2 emissions from shipping at a global level. The adoption of clear targets to reduce international maritime emissions through the IMO has become a matter of great urgency and a prerequisite for the Union not to act further on the inclusion of the maritime sector within the EU ETS. __________________ 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).
Amendment 96 #
Proposal for a directive
Recital 3
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 an annual reduction factor of 2.2% from 2021 onwards, free allocation not expiring but existing measures continuing after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies, without reducing the share of allowances to be auctioned. The auction share should be expressed as a percentage figureclarity on the amount of auctioned allowances 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.
Amendment 104 #
Proposal for a directive
Recital 4
Recital 4
(4) It is a key Union priority to establish a resilient Energy Union to provide secure, sustainable, competitive and affordable energy to its citizens. Achieving this requires continuation of ambitious climate action with the EU ETS as the cornerstone of Europe’s climate policy, and progress on the other aspects of Energy Union17. Implementing the ambition decided in the 2030 frameworkf the EU ETS is to remain the main Union instrument, its interaction with other Union and national policies that have an impact on the demand for EU ETS allowances needs to be taken into account. Implementing the ambition decided in the 2030 framework and adequately addressing the progress on other aspects of the Energy Union contributes to delivering a meaningful carbon price and continuing to stimulate cost-efficient greenhouse gas emission reductions. __________________ 17 COM(2015)80, establishing a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy
Amendment 113 #
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone fullsuch a transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in global greenhouse gas emissions inand diversion of investments to third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies. Additional achievements in sectors not falling under the scope of the EU ETS and not subject to a risk of carbon leakage, in particular in the building sector and sustainable transport, will decrease the amount of effort needed from the Union’s industry.
Amendment 121 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 572% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States,. Allowances originally covered by the transitional Union-wide rules for harmonised free allocation (which includinge allowances set aside for new entrants but not allocated, and allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 . __________________ 18 19Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […]).that are unallocated due to closures and partial cessations) should not be considered to be auctioned allowances for the purposes of the calculation of the auction share. __________________ 18 SEC(2015)XX SWD(2015)135
Amendment 135 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provisbenchmarks for free allocations to installations, should be made updated before the valuesstart of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvementfourth trading period in order to base free allocations on actual technological progress. That update should be carried out on the basis of robust, objective and verified data from installations. For reasons of predictability, thifurther updates should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into accountalso be based on robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a substantial difference from that factor reduction of more than 0.5% of the 2007-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentage. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 139 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should 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 address the social aspects of decarbonising their economies and use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 152 #
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for thecarbon capture and storage of CO2(CCS) and carbon capture and use (CCSU), new renewable energy technologies and breakthrough innovation in low-carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for CO2 emissions which are permanently stored or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS and CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS and CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored or avoided on a sufficient scale, provided an agreement on knowledge sharing is in place. The majority of this support should be dependent on verified avoidance of greenhouse gas emissions, while some support may be given when pre-determined milestones are reached taking into account the technology deployed. The maximum percentage of project costs to be supported may vary by category of project.
Amendment 173 #
Proposal for a directive
Recital 14
Recital 14
(14) The existing provisions which are in place for small installations to be excluded from the EU ETS allow the installations which are excluded to remain so, and it should be made possible for Member States to update their list of excluded installations and for Member States currently not making use of this option to do so at the beginning of each trading period. Member States should ensure that alternative measures for installations that have opted out do not result in higher compliance costs. For small emitters covered by the EU ETS, monitoring, reporting and verification requirements should be simplified for such installations.
Amendment 183 #
Proposal for a directive
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 2003/87/EC
Article 3 – point u b (new)
Article 3 – point u b (new)
(-1d) In Article 3, the following point is added: '(ub) “small emitter” means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year;'
Amendment 220 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/87/EC
Article 9 – paragraphs 2 and 3
Article 9 – paragraphs 2 and 3
Amendment 242 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%.
Amendment 274 #
Proposal for a directive
Article 1 – point 4 – point b f (new)
Article 1 – point 4 – point b f (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point f
Article 10 – paragraph 3 – point f
(bf) In paragraph 3, point (f) is replaced by the following: '(f) to encourage a shift to low- emission and public forms of transport; and compensate electrified transport modes such as railways for their indirect EU ETS costs unless measures with an equivalent effect on other surface transport modes are taken.'
Amendment 296 #
Proposal for a directive
Article 1 – point 4 – point d c (new)
Article 1 – point 4 – point d c (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
(dc) paragraph 5 is replaced by the following: '5. The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market including the implementation of the auctions, liquidity and the volumes traded. In its monitoring report, the Commission shall give particular attention to the risk of carbon and investment leakage. The report shall also address the interaction between the EU ETS, non-ETS and other climate and energy measures at Union and national level, and shall analyse the effects of various policy instruments on the level of demand for Union allowances and its consequences on the supply- demand balance in the carbon market. The Commission shall calculate the equivalent number of allowances for closures that are reported by Member States. If necessary, Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.'
Amendment 312 #
Proposal for a directive
Article 1 – point 5 – point a c (new)
Article 1 – point 5 – point a c (new)
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 1
Article 10a – paragraph 2 – subparagraph 1
(ac) In paragraph 2, subparagraph 1 is replaced by the following: 'In defining the principles for setting ex- ante benchmarks infor individual products in each sectors or and sub-sectors, the starting pointbenchmark shall be the average performance of the 10 % most efficient installations for individual products in a sector orand sub-sector in the Community in the years 200713-2008. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned17.'
Amendment 319 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – introductory part
Article 10a – paragraph 2 – subparagraph 3 – introductory part
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unlesss shall be adjusted two years before the beginning of each trading period, in order to avoid windfall profits and reflect technological progress, taking into consideration the following:
Amendment 334 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
(i) On the basis of information submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annThe Commission shall carry out a detailed impact assessment, taking into account the economic and technical development of industrial plants and processes for the individual reproduction referred to above by more than 0.5% of the 2007-8 value higher or lower annually. If so, that benchmark value shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 and the middle of the period for which free allocation is to be made;s in the individual sectors and subsectors, and consulting the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 343 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i a (new)
Article 10a – paragraph 2 – subparagraph 3 – point i a (new)
(ia) By way of derogation the total amount of CO2 from waste gases used for electricity production shall be taken into consideration when calculating the benchmarks.
Amendment 344 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i b (new)
Article 10a – paragraph 2 – subparagraph 3 – point i b (new)
'(ib) By way of derogation, products with a share of more than 30% of emissions considered to be unavoidable process emissions, shall be granted 100% free allowances for that type of emissions;'
Amendment 359 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
(iia) By way of derogation, district heating shall be excluded from the adjustment.
Amendment 366 #
Proposal for a directive
Article 1 – point 5 – point b a (new)
Article 1 – point 5 – point b a (new)
Directive 2003/87/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
(ba) paragraph 4 is replaced by the following: '4. Free allocation shall be given to district heating as well as to high efficiency cogeneration, as defined by Directive 2004/8/EC, for economically justifiable demand, in respect of the production of heating or cooling. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9.'
Amendment 434 #
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, CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 6075% of the relevant costs of projects may be supported, out of which up to 450% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed.
Amendment 442 #
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 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
The timetable for monetisation of allowances shall be published no later than 18 months before the start of Phase IV and shall ensure the gradual monetisation of the allowances spread out throughout that Phase.
Amendment 458 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €)EUR), as well as heat supplied from district heating systems, 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 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 480 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c
Article 10b – paragraph 2 – point c
(c) profit margins or the inability to pass on carbon costs as a potential indicator of long-run investment or relocation decisions.
Amendment 485 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c d (new)
Article 10b – paragraph 2 – point c d (new)
(cd) level of potential competition distortion among sectors and sub-sectors
Amendment 516 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – title
Article 10c – title
Option for transitional free allocation for the modernisation of the energy sector
Amendment 525 #
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 may give a transitional free allocation to installations forelectricity generation (including co-generation of heat and electricity production) for the modernisation of the energy sector.
Amendment 529 #
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 may give a transitional free allocation to installations for electricity productionelectricity and heat generators, including district heating, for the modernisation of the energy sector.
Amendment 530 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 1 a (new)
Article 10c – paragraph 1 a (new)
1a. Member States shall be allowed to choose the most preferable free allowances allocation method in line with the following options and investments shall be selected on the basis of: (a) a competitive bidding process, (b) the National Investment Plans allocation which shall be based on criteria and rules referred to in paragraph 2a (new), or (c) a combination of both methods mentioned in point (a) and (b). Any Member State that is allowed to allocate allowances on the basis of this Article shall, by 31 December 2017, submit to the Commission an application containing the proposed allocation methodology.
Amendment 531 #
Proposal for a directive
Article 1 – point 6
Article 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 processcompetitive bidding process referred to in point (a) of paragraph 1a shall:
Amendment 537 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point a
Article 10c – paragraph 2 – subparagraph 1 – point a
(a) comply with the principles of transparency, non-discrimination, equal treatment, technological neutrality and sound financial management;
Amendment 540 #
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 are eligible to bid 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, - use of cogeneration and/or - modernisation of the energy production, transmission and distribution sectors are eligible to bid; (including district heating systems);
Amendment 544 #
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 (electricity and heat), transmission and distribution sectors are eligible to bid;
Amendment 549 #
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;
Amendment 552 #
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;
Amendment 555 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Amendment 561 #
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 568 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 3 a (new)
Article 10c – paragraph 2 – subparagraph 3 a (new)
The eligible Member States intending to make use of optional free allocation via the National Investment Plans (NIPs) referred to in point (b) of paragraph 1a shall select investments fulfilling the following criteria: - the diversification of their energy mix and sources of supply, - the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, - investment in clean technologies, - use of cogeneration and/or - modernisation of the energy production, transmission and distribution sectors (including district heating systems) While selecting investments for the purpose of NIPs, Member States shall take into account technological neutrality and ensure net positive gain in terms of emissions reduction. Only investments that have obtained all relevant corporate decisions after 24 October 2014 may be counted for this purpose. The method of this selection process and the final results shall be published for public consultation. On this basis, the Member State concerned shall establish and submit a list of investments to the Commission by 30 September 2019. The Commission shall assess the list of investments by 31 March 2020. Within 9 months from the receipt of the list of investments, the Commission may request additional information concerning individual projects. The lack of decision by the Commission within the abovementioned period date means approval of the list of investments as submitted. The list of investments selected under the method referred to in this paragraph may be updated in 2023 and 2027, and submitted to the Commission. This paragraph shall be applied in case of any update.
Amendment 573 #
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 fFree 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 2021-30. Free allocation that is not covered by the necessary expenditure in any given year shall be carried over and claimed during following years of the period between 2021 and 2030 when appropriate expenditure is incurred. Other ways of distributing the total number of allowances dedicated for the free allocation over the period between 2021 and 2030 shall be allowed provided that they are duly justified.
Amendment 574 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 5
Article 10c – paragraph 5
5. AFree allocations to operators shall be madeallowed upon demonstration that an investment selected according to the rules of the competitive bidding procesof incurred expenditure, at the level of a capital group. The free allocations to individual electricity generators (including co- generation of heat and electricity) for the period between 2021 and 2030 shall be determined and published by each of the Member States concerned by 30 September 2019. The allocations along with the list of electricity generators shall be updated in 2023 and 2027. The updated list of electricity generators shasll been carried out submitted to the Commission by 1 January 2024 and 2028 respectively.
Amendment 579 #
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 report on this to the Commissionannually by 31 March to the Commission on the balance of free allocation and investment expenditure incurred, and the Commission shall make such reports public.
Amendment 590 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 1
Article 10d – paragraph 1 – subparagraph 1
A fund to support and leverage investments in modernising energy systems, including district heating, and improving energy efficiency in Member States with a GDP per capita below 60% of the Union average in 2013 or 2014 shall be established for the period 2021-30 and financed as set out in Article 10.
Amendment 593 #
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.
Amendment 602 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 2
Article 10d – paragraph 2
2. The fund shall also finance small- scale investment projects in the modernisation of energy systems (including thermal energy, district heating, high efficiency cogeneration, renewable energy, geothermal heat) and energy efficiency. To this end, the investment boardeligible Member States shall develop guidelines and investment selection criteria specific to such projects. in line with the guidance elaborated by an advisory board referred to in paragraph 4.
Amendment 614 #
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 commitindividual allocations of each beneficiary Member State from the Modernisation Fund shall be governed by the eligible beneficiary Member Statee, which shall beassisted by the advisory board composed of representatives ofrom the beneficiary Member States, the Commission, and the EIB and three representatives elected by the other Member States for a period of 5 years. The investment board shall be responsible to determine. Individual decisions on financing particular projects shall be taken by the eligible beneficiary Member State. Day-to- day management of the fund shall be executed by the beneficiary Member States. The advisory board shall be responsible for preparing the framework guidance on investment, including 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.
Amendment 626 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 2
Article 10d – paragraph 4 – subparagraph 2
The investmentadvisory board shall elect a representative from the Commission as chairman. The investment board shall strive to take decisionsbe chaired annually by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majoritye of the beneficiary Member States.
Amendment 632 #
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
Amendment 640 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Amendment 646 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 5 – introductory part
Article 10d – paragraph 5 – introductory part
5. The beneficiary Member States shall report annually to the management committeeadvisory board on investments financed by the fund. The report shall be made public and include:
Amendment 648 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 6
Article 10d – paragraph 6
6. Each year, the management commitbeneficiary Member Statees shall report to the Commission on experience with the evaluation and selection of investments. The Commission shall review the basis on which projects are selected by 31 December 2024 and, where appropriate, make proposals to the management commitrelevant beneficiary Member Statees.
Amendment 676 #
Proposal for a directive
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 702 #
Proposal for a directive
Article 1 – point 22 b (new)
Article 1 – point 22 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22b) In Article 27, paragraph 1 is replaced by the following: '1. Following consultation with the operator and subject to its agreement, Member States may exclude from the Community schemeEU ETS installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place and specifying how those measures would not result in higher compliance costs for such installations, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieveare aimed at making an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community schemeEU ETS; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures.'