9 Amendments of Heide RÜHLE related to 2008/0013(COD)
Amendment 36 #
Proposal for a directive – amending act
Recital 3
Recital 3
(3) The European Council has made a firm commitment to reduce the overall greenhouse gas emissions of the Community by at least 20% below 1990 levels by 2020, and by 30% provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries contribute adequately according to their responsibilities and respective capabilities. By 2050, global greenhouse gas emissions should be reduced by at least 50% below their 1990 levels. All sectors of the economy should contribute to achieving these emission reductions, including international aviation, maritime transport and the cement industry. International maritime transport emissions should be incorporated in EU emissions trading system by 2015 or otherwise be included in the Decision 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.
Amendment 43 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) Given the considerable efforts of combating climate change and of adapting to its inevitable effects, it is appropriate that at least 20% of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for reducing emissions and adaptation, to develop renewable energies to meet the EU’s commitment to using 20% renewable energies by 2020, to meet the commitment of the Community to increase energy efficiency by 20% by 2020, for the capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund , for measures to avoid deforestation and facilitate adaptation in developing countries, and for addressing social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxAt least 50% of the revenues should be used to contribute to the necessary climate efforts in developing countries. In addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. Provisions should be included on monitoring the use of funds from auctioning for these purposes. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the Treaty.
Amendment 53 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy- intensive sectors and sub-sectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community will allocate allowances free of charge up to 100% to sectors or sub-sectors meeting the relevant criteriaIn the event that international agreement on climate change has not yet been concluded leading to mandatory reductions of greenhouse gas emissions in countries representing a critical mass of production in a sector covered by the EU emissions trading system receiving no free allocation, comparable to those of the EU, it will be necessary to avoid that greenhouse gas emissions occurring outside the Community undermine the Community’s action by leading to ‘carbon leakage’. Provisions to that effect should be adopted and apply to the imports of goods which would otherwise undermine this action. These provisions should be neutral in their effect. In order to be prepared for such an eventuality which could undermine the environmental integrity and benefit of actions by the Community, an effective carbon equalization in the form of allowance import requirement should be established for imports of energy intensive goods into the Community. The definition of these sectors and sub-sectors and the measures required will be subject to re- assessment to ensure that action is taken where necessary and to avoid overcompensation. For those specific sectors or sub-sectors wThese provisions should apply similar requirements on importers of goods to the re it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, the action taken may take into account the electricity consumption in the production process, without changing the total quantity of allowances. quirements applicable to those installations within the EU which receive no free allocation and have been shown to be exposed to significant risk of carbon leakage or to international competition in third countries that are not subject to binding and verifiable action to reduce greenhouse gas emissions in the context of the international post-2012 climate policy framework.
Amendment 64 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. From 2013 onwards, Member States shall auction all allowances which are not allocated free of charge in accordance with Article 10a.
Amendment 65 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. At least 20% of tThe revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in point (b) thereof, shouldall be used for the following:
Amendment 68 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
Amendment 73 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
At least 50% of the revenues shall be used to finance greenhouse gas reductions, avoided deforestation and degradation, and adaptation to climate change.
Amendment 74 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a
Article 10a
1. The Commission shall, by 30 June 2011, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review those measures to provide that free allocation only takes place where this is fully justified in the light of that agreement. 2. Subject to paragraph 3, no free allocation shall be given to electricity generators, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions. 3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. 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. 4. The maximum amount of allowances that is the basis for calculating allocations to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary. 5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9. 6. Five percent of the Community-wide quantity of allowances determined in accordance with Articles 9 and 9a over the period 2013 to 2020 shall be set aside for new entrants, as the maximum that may be allocated to new entrants in accordance with the rules adopted pursuant to paragraph 1 of this Article. Allocations shall be adjusted by the linear factor referred to in Article 9. No free allocation shall be made in respect of any electricity production by new entrants. 7. Subject to Article 10b, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013 shall be 80% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in no free allocation in 2020. 8. In 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6. 9. At the latest by 30 June 2010 and every 3 years thereafter the Commission shall determine the sectors referred to in paragraph 8. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following: (a) the extent to which auctioning wouldharmonised implementing measures for requiring importers to surrender allowances in respect of imported energy intensive goods referred to in paragraphs 2 to 6 and 8 in a harmonised manner where those sectors receive no free allocation within the Community system. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The measures referred to in the first subparagraph shall, to the extent feasible, ensure that installations from the Community that receive no free allocation and are at significant risk of carbon leakage and those from third countries are on a comparable footing. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review those measures to provide that allowance import requirement (AIR) only takes place where this is fully justified in the light of that agreement. 2. From 2013 an allowance the AIR shall apply in respect of goods which are determined, in accordance with paragraph 5, to be subject to significant risk of carbon leakage or to international competition until other countries and administrative entities are subject to binding and verifiable action to reduce greenhouse gas emissions. Importers or exporters of goods shall be respectively required and entitled to surrender or receive allowances where: (a) The country or administrative entity where goods were produced is determined by the Commission, acting in accordance with the procedure referred to in Article 23(2), not to be subject under international post-2012 climate policy framework to binding and verifiable action to reduce greenhouse gas emissions; and (b) A methodology for such goods has been established under paragraph 3. The AIR shall not apply to imports of goods produced in countries or administrative entities which are linked with the EU emissions trading system pursuant to Article 26. 3. The Commission shall calculate the average level of greenhouse gas emissions resulting from the production of individual goods or categories of goods across the Community taking into account information from independently verified reports under Article 14 and all relevant emissions covered by the EU emissions trading system. The Commission shall establish, in accordance with the procedure referred to in Article 23(2), methodologies for calculating an AIR applicable to goods or categories of goods subject to significant risk of carbon leakage or to international competition, equivalent to the average level of greenhouse gas emissions resulting from the production of individual goods across the Community multiplied by the tonnage of goods imported. 4. To facilitate the establishment of methodologies in accordance with paragraph 3, the Commission may specify requirements for operators to report on the production of goods, and for the reporting of this information to be independently verified, in its Regulations adopted under Articles 14 and 15. 5. Importers of goods which meet the conditions set out in paragraph 1 shall be required to make a written declaration in respect of these imports. The written declaration shall confirm that a sufficient number of allowances, as determined in accordance with paragraph 3, have been surrendered in the Community registry in respect of the goods subject to entry, in accordance with specific administrative procedures to be established by the Commission Regulations. 6. The AIR may be met by EU allowances or by allowances from a third country emissions trading system which is recognised as equivalent in stringency to the Community system. 7. All AIR relevant provisions and implementing measures shall be adopted and implemented no later than 1 January 2012. 9. At the latest by 30 June 2010 and every year thereafter the Commission shall determine, taking into consideration evidence submitted by stakeholders, the sectors and goods referred to in paragraph 2. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Community, taking into account the following: (a) the extent to which auctioning has lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used.
Amendment 96 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11
Article 11
1. Each Member State shall publish and submit to the Commission, by 30 September 2011, the list of installations covered by this Directive in its territory and any free allocation to each installation in its territory calculated in accordance with the rules referred to in Article 10a(1). 2. By 28 February of each year, the competent authorities shall issue the quantity of allowances that are to be distributed for that year, calculated in accordance with Articles 10 and 10a. An installation which ceases to operate shall receive no further free allowances.