37 Amendments of Stanislav POLČÁK related to 2021/0214(COD)
Amendment 141 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Special Report of the Intergovernmental Panel on Climate Change (IPCC) on the impacts of global temperature increases of 1.5°C above pre- industrial levels and related global GHG emission pathways36 provides a strong scientific basis for tackling climate change and illustrates the need to step up climate action. That report confirms that the negative impacts of climate change and the need for adaptation measures will be significantly higher if the increase in global average temperature is above 1.5 °C, and that in order to reduce the likelihood of extreme weather events, GHG emissions need to be urgently reduced, and that climate change needs to be limited to a global temperature increase of 1.5°C. __________________ IPCC, 2018: Global Warming of 1.5°C. An IPCC Special Report on the impacts of global warming of 1.5°C above pre- industrial levels and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson-Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma- Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)].
Amendment 150 #
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result in the samea level of climate ambition comparable to that of the Union, there is a risk of carbon leakage. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products. That could lead to an increase in their total GHG emissions globally, thus jeopardising rather than their reduction of GHG emissions that, which is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 185 #
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissions or into seeking innovative, less emission-intensive solutions.
Amendment 245 #
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation wshould also aim to encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated.
Amendment 283 #
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should apply to goods imported into the customs territory of the Union from third countries, except where their production has already been subject to the EU ETS, wherebydue to its applies tocation in those third countries or territories, or to a carbon pricing system fully linkedcomparable with the EU ETS. At the same time, the Regulation should not disproportionately exacerbate the market barriers that developing third countries already face to a greater extent than economically developed third countries.
Amendment 294 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Un(Does not affect English version.)
Amendment 313 #
Proposal for a regulation
Recital 18
Recital 18
(18) The EU ETS and the CBAM have a common objective of pricing GHG emissions embedded in the same sectors and goods through the use of specific allowances or certificates. Both systems have a regulatory nature and are justified by the need to curb GHG emissions, in line with the environmental objective set out inglobally in the Paris Agreement and with a view to its implementation in the Union too.
Amendment 321 #
Proposal for a regulation
Recital 19
Recital 19
(19) However, while the EU ETS sets an absolute cap on the GHG emissions from the activities under its scope and allows tradability of allowances (so called ‘cap and trade system’), the CBAM should not establish quantitative limits to import, so as to ensure that trade flows are not restricted. Moreover, while the EU ETS applies to installations baslocated in the Union, the CBAM should be applied to certain goods imported into the customs territory of the Union.
Amendment 339 #
Proposal for a regulation
Recital 23
Recital 23
(23) Given that the CBAM applies to imports of goods into the customs territory of the Union rather than to installations, certain adaptations and simplifications wouldill also need to apply in the CBAM regime. One of those simplifications should consist in a declarativereporting system where importers should report the total verified GHG emissions embedded in goods imported in a given calendar year. A different timing compared to the compliance cycle of the EU ETS should also be applied to avoid any potential bottleneck resulting from obligations for accredited verifiers under this Regulation and the EU ETS.
Amendment 392 #
Proposal for a regulation
Recital 35
Recital 35
(35) Similarly, tubes and pipe fittings should be included in the scope of the CBAM despite their low level of embedded emissions, as their exclusion would increase the likelihood of circumventingthat the einclosureusion of steel products in the CBAM by modifying the patternwill be circumvented by way of strade towards downstream productuctural modifications.
Amendment 404 #
Proposal for a regulation
Recital 37
Recital 37
(37) Import of electricity should be included in the scope of this Regulation, as this sector is responsible for 30 per cent of the total GHG emissions in the Union. The enhanced Union climate ambition wcould increase the gap in carbon costs between electricity production in the Union and abroad. That increase combined with the progress in connecting the Union electricity grid to that of its neighbours wcould increase the risk of carbon leakage due to increased imports of electricity, a significant part of which is produced by coal-fired power plants.
Amendment 409 #
Proposal for a regulation
Recital 39
Recital 39
(39) The CBAM should be based on a declarativereporting system where an authorised declarant, who may represent more than one importer, submits annually a declaration of the embedded emissions in the goods imported to the customs territory of the Union and surrenders a number of CBAM certificates corresponding to those declared emissions.
Amendment 414 #
Proposal for a regulation
Recital 43
Recital 43
(43) CBAM certificates differ from EU ETS allowances for which daily auctioning is an essential feature. The need to set a clear price for CBAM certificates makes a daily publication excessively burdensome and confusing for operators, as daily prices risk becoming obsolete upon publication. ThusHowever, the publication of CBAM prices on a weekly basis would accurately reflect the pricing trend of EU ETS allowances and pursue the same climate objective. The calculation of the price of CBAM certificates should therefore be set on the basis of a longer timeframe (on a weekly basis) than in the timeframe established by the EU ETS (on a daily basis). The Commission should be tasked to calculate and publish that average price.
Amendment 418 #
Proposal for a regulation
Recital 45
Recital 45
(45) The physical characteristics of electricity as a product, in particular the impossibility to follow the actual flow of electrons, justifies a slightly different design for the CBAM. Default values should be used as a standard approach and, but it should be possible for authorised declarants to claim the calculation of their CBAM obligations based on actual emissions. Electricity trade is different from trade in other goods, notably because it is tradedtakes place via interconnected electricity grids, using power exchanges and specific forms of trading. Market coupling is a densely regulated form of electricity trade which allows to aggregate bids and offers across the Union.
Amendment 432 #
Proposal for a regulation
Recital 49
Recital 49
(49) Once third countries will be closely integrated into the Union electricity market via market coupling, technical solutions should be found to ensure the application of the CBAM to electricity exported from such countries into the customs territory of the Union. If technical solutions cannot be found, third countries that are market coupled should benefit from a time limited exemption from the CBAM until at the latest 2030 with regard solely to the export of electricity, provided that certain conditions are satisfied. However, those third countries should develop a roadmap and commit to implement a carbon pricing mechanism providing for an equivalent price as the EU ETS, and should commit to achieving carbon neutrality by 2050 [as well as?] to align with Union legislation in the areas of environment, climate, competition and energy. That exemption should be withdrawn at any time if there are reasons to believe that the country in question does not fulfil its commitments or it has not adoptestablished by 2030 an ETS equivalent to the EU ETS.
Amendment 497 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism. At the same time, the EU should also bear in mind that developing third countries have historically been the least responsible for global climate change, but in the context of the need for an accelerated transition to a low-carbon economy as decoupled from resource use as possible, without adequate cooperation with more economically developed partners, such countries face the risk of a major economic downturn, which would inevitably bring significant social impacts.
Amendment 511 #
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the Union should support less developed countries with the necessary technical assistance on a non- discriminatory basis in order to facilitate their adaptation to the new obligations established by this regulation. Such cooperation should not be limited to sharing good practices, but consideration could also be given to the use of some of the revenue under the CBAM specifically to support decarbonisation and the transition to a low-carbon economy in less developed third countries.
Amendment 523 #
Proposal for a regulation
Recital 58
Recital 58
(58) In order to remedy any circumvention of the provisions of this Regulation, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of supplementing the list of goods in Annex I.
Amendment 572 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively become an alternative toreplace the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive.
Amendment 580 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Regulation applies to the goods referred to in paragraph 1 whereeven if those goods are brought to the continental shelf or the exclusive economic zone of a Member State for use in facilities in those areas.
Amendment 609 #
Proposal for a regulation
Article 2 – paragraph 7 – point e
Article 2 – paragraph 7 – point e
(e) the third country or territory has, when implementing the roadmap pursuant to point (c), demonstrated substantial progress towards the alignment of domestic legislation with Union law in the field of climate action on the basis of that roadmap, including towards carbon pricing at an equivalent level as the Union at least insofar as the generation of electricity is concerned. The implementation of an emission trading system for electricity, with a price equivalent to the EU ETS, shallmust be finalised by third countries or territories by 1 January 2030;
Amendment 614 #
Proposal for a regulation
Article 2 – paragraph 9 – point b
Article 2 – paragraph 9 – point b
Amendment 659 #
Proposal for a regulation
Article 3 – paragraph 1 – point 23
Article 3 – paragraph 1 – point 23
(23) ‘carbon price’ means the monetary amount paid in a third country in the form of a tax, fee or emission allowances under a greenhouse gas emissions trading system, calculated on greenhouse gases covered by such a measure and released during the production of goods;
Amendment 682 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 683 #
Proposal for a regulation
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
(e) declaration on honour that the declarant or a board member of the declarant was not involved in any serious infringements or repeated infringements of customs legislation, taxation rules and market abuse rules during the five years preceding the year of the application, including that it has no record of serious criminal offences relating to ithe declarant’s economic activity;
Amendment 744 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. An authorised declarant may claim in its CBAM declaration a reduction in the number of CBAM certificates to be surrendered in order for the carbon price paid in the country of origin for the declared embedded emissions to be taken into account. This reduction may also be 100 % if the carbon price paid in the country of origin is totally equivalent to or higher than the EU carbon price.
Amendment 782 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shallmust be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 787 #
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The operator may, at any time, ask to be deregistered from the database. Such a request shall be granted by the Commission without undue delay.
Amendment 814 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall requiensure that competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties.
Amendment 840 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2, with the exception of the name of the approved declarant, shall be confidential.
Amendment 869 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the declarant or a board member of the declarant has not been involved in a serious infringement or repeated infringements of customs legislation, taxation rules and market abuse rules and has no record of serious criminal offences relating to ithe declarant’s economic activity during the five years preceding the application;
Amendment 888 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. An authorised declarant may, at any time, ask for its authorisation to be revoked. The competent authority shall comply with the request without undue delay.
Amendment 918 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The competent authority may review the CBAM declaration within the period ending with the fourth year after the year in which the declaration was or should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
Amendment 948 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where the competent authority finds that the number of CBAM certificates in the account of an authorised declarant is not in compliance with the obligations pursuant to paragraph 2, second sentence, that authority shall promptly notify the necessary adjustment and request that the authorised declarant surrenders the additional CBAM certificates within one month.
Amendment 954 #
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
By 30 June of each year, the competent authority of each Member State shall cancel any CBAM certificates that were purchased during the year before the previous calendar year and that remained in the accounts in the national registry of the declarants authorised in that Member State and shall inform the declarants concerned of this without undue delay.
Amendment 984 #
Proposal for a regulation
Article 26 – paragraph 5 a (new)
Article 26 – paragraph 5 a (new)
5a. Taking into account the significant Union interest in the effective and fair functioning of the mechanism, the Member State shall, no later than 31 May of the following year, submit a report to the Commission and to the CBAM Committee on all measures imposed under paragraphs 1, 2 and 5. That report shall contain, as a minimum, information on the manner and extent of the infringement committed by the declarant or by a person who is not an authorised declarant, the number of infringements committed by that person and the type and amount of the penalty imposed.
Amendment 987 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission shall take action, based on relevant and objective data, in accordance with this Article, to address practices ofthat may lead to the circumvention of this Regulation.