58 Amendments of Csaba MOLNÁR related to 2021/0214(COD)
Amendment 75 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Tackling climate change and keeping global warming below 1.5°C requires global action. The Union must not only lead by example, by eliminating its own emissions, including those embedded in the products it imports, but also cooperate with its partners, in accordance with WTO rules, to create an open, multilateral and cooperative global system, acting as a key enabler of the green transition.
Amendment 80 #
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 same level of climate ambition, there is a risk of carbon leakage. An effective CBAM implementation should ensure the creation of a level playing field while encouraging trade partners to decarbonize. 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 emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 85 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Commission has, in its communication on the European Green Deal31 , set out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where there are no net emissions (emissions after deduction of removals) of greenhouse gases (‘GHG emissions’) in 2050 and where economic growth is decoupled from resource use. The European Green Deal also aims to protect, conserve and enhance the EU’s natural capital, and protect the health and well- being of citizens and future generations from environment-related risks and impacts. At the same time, that transformation must be just and inclusive, leaving no one behind. The Commission also announced in its EU Action Plan: Towards Zero Pollution for Air, Water and Soil32 the promotion of relevant instruments and incentives to better implement the polluter pays principle as set out in Article 191(2) of the Treaty on the Functioning of the European Union (‘TFEU’) and thus complete the phasing out of ‘pollution for free’ with a view to maximising synergies between decarbonisation and the zero pollution ambition. _________________ 31 Communication from the Commission of 11 December 2019 on the European Green Deal (COM(2019) 640 final). 32 Communication from the Commission of 12 May 2021 on Pathway to a Healthy Planet for All (COM(2021) 400).
Amendment 97 #
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 same level of climate ambition and action in mitigating climate change, 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 that do not tax GHG emissions or tax at a lower rate or imports from those countries would replace equivalent but less GHG emissions intensive products. That could lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels. The risk of carbon leakage is particularly prevalent in trade- exposed and carbon-intensive industrial sectors.
Amendment 97 #
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition and ensuring a level playing field to preserve the competitiveness of EU industries.
Amendment 101 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Innovation will be crucial to boost growth and competitiveness by empowering EU businesses, in particular SMEs to become global leaders in developing new and clean technology and to achieve the European Green Deal objectives. The Commission and the Member States should channelled incentives and policies for innovation, through a robust Innovation Fund to promote zero-carbon industrial processes.
Amendment 107 #
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition whilst ensuring a sustainable level playing field and by incentivising more ambitious climate action internationally.
Amendment 125 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. The CBAM should ensure an integrated approach between imports dynamics, the internal market development and the exports. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 128 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union. This gradual transition shall be supported by a review mechanism in which the Commission assesses the gradual implementation of the instrument, including the need for its scope extension.
Amendment 141 #
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 would also encourage the deployment and use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated.
Amendment 147 #
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition o, resulting in a carbon cost equalization between national products and imported. The CBAM is a climate measure which should support increased ambition on the reduction of emissions in the Union in line with the European Green Deal and the European cClimate mitigationLaw and it should prevent the risk of carbon leakage, while ensuring WTO compatibility.
Amendment 162 #
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 and where the carbon costs are equivalent to the ones under 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 Union.
Amendment 191 #
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . The Commission should set up a review mechanism in order to better assess the broadening of the broad product coverage, including downstream products covered by this Regulation. _________________ 42 Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 199 #
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort. Particular attention should also be paid to the risk of market distortions between the different sectors covered by the CBAM.
Amendment 202 #
Proposal for a regulation
Recital 39 b (new)
Recital 39 b (new)
(39b) While competent authorities are responsible to handle requests for authorisations and to manage national registries and CBAM certificates, all the necessary information and data should be transmitted to the Commission through a central registry database. The Commission has the responsibility to ensure the coordination of national registries inclusive of accounts of authorised declarants and accredited verifiers, it should act as a central administration and it has the power to request to competent authorities whenever it considers relevant information to tackle practices of circumvention, to avoid risks of mismanagement of declarations and CBAM certificates as well as fraud.
Amendment 216 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050 whilst preventing distortion of competition in the EU and global markets. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as downstream products using goods initially covered by this Regulation, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . The report should be based upon a review mechanism that assesses, in particular, the implementation of the Regulation vis- à-vis its objectives and the governance system. If appropriate, the report should be accompanied by legislative proposals whose entry into force should be consistent with the start of the implementation of CBAM. _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 227 #
Proposal for a regulation
Recital 42
Recital 42
(42) The system should allow operators of production installations in third countries to register in a central database and to make their verified embedded GHG emissions from production of goods available to authorised declarants. An operator should be able to choose not to haveensure transparency in the access of information, namely indicating its name, address and contact details in the central database made accessible to the public.
Amendment 228 #
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 and their decarbonisation policies.
Amendment 232 #
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 in order to facilitate their adaptation to the new obligations established by this regulation. The Union should make use of the Union policies and the Union budget to support those action, if appropriate.
Amendment 233 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) The European Green Deal and the new emission reductions targets will necessitate massive investments for a sustainable and fair transition. In this regard, keeping competitiveness of the EU industry in the decarbonisation efforts is essential not only for the sake of keeping jobs and a prosperous European economy. The Union and Member States should make use of its policies and budgets to provide the incentives to boost the competitiveness of low-carbon exports through namely the support to innovation.
Amendment 238 #
Proposal for a regulation
Recital 55 b (new)
Recital 55 b (new)
(55b) On 16 December 2020, the European Parliament, the Council and the Commission concluded the Interinstitutional agreement on budgetary discipline, cooperation on budgetary matters and sound financial management as well as on new own resources, including a roadmap towards the introduction of new own resources (IIA). The repayment of the principal of borrowed funds, by the Commission on behalf of the Union, to be used for expenditure under the European Union Recovery Instrument and the related interest due will have to be financed by the general budget of the Union, including by sufficient proceeds from new own resources introduced after 2021. Therefore, on 22 December 2021, the Commission proposed to amend the Own Resources Decision so that 75% of the revenues generated by a carbon border adjustment mechanism become an own resource for the EU budget. It is the responsibility of Member States to collect revenues from the sale of carbon border adjustment mechanism certificates.
Amendment 244 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage and safeguard fair and undistorted competition, ensuring a sustainable level playing field for all.
Amendment 250 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively become an alternative toreplaces 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 256 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) The full effectiveness of the CBAM in tackling the carbon leakage risk both on the EU market and on export markets should be assessed and positively verified through a strong monitoring of the impacts on EU businesses, with a view to modify the present legislation, if necessary.
Amendment 259 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to goods as listed in Annex I, originating in a third country, when those goods, or processed products from those goods as resulting from the inward processing procedure referred to in Article 256 of Regulation (EU) No 952/2013 of the European Parliament and of the Council53 , are imported into the customs territory of the Union. Annex I shall be regularly assessed and potentially revised to take into account the establishment of a fair level playing field as referred in Article 30. _________________ 53 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 262 #
Proposal for a regulation
Recital 51
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should ensure interoperability between the national and central databases. The Commission should also provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations. The Commission should assist enterprises, especially SMEs, in adapting to this Regulation and establish an expert group to share information and best practices with the competent authorities.
Amendment 269 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on the impact on competitiveness of EU downstream industry and its synchronisation with the technological perspectives and maturities, concerning namely the new clean energy alternatives such as the availability of cost-competitive green hydrogen. The report should also evaluate the possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 273 #
Proposal for a regulation
Article 3 – paragraph 1 – point 18
Article 3 – paragraph 1 – point 18
(18) ‘CBAM certificate’ means a certificate, common to all Members States, in electronic format corresponding to one tonne of embedded emissions in goods;
Amendment 278 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) At the end of the first year after the transition period of this Regulation, the Commission should present a report, with the possibility of being accompanied by a legislative proposal, and in accordance with WTO rules, to ensure the competitiveness of the products that are exported outside the EU.
Amendment 286 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. The Commission is empowered to adopt implementing acts, concerning the single standard format of the application and the delays and procedure to be followed by the competent authority when processing applications for authorisation in accordance with paragraph 1 and the rules for identification by the competent authority of the declarants for the importation of electricity. The format of the application shall allow for machine readability in order to ease the exchange of information across Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 287 #
Proposal for a regulation
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Competent authorities shall submit the standardised declaration form to a national registry and they should set up individual accounts of authorised declarants. Once the information is transmitted to a central registry, the Commission may request to remaining competent authorities any proof regarding the information established in paragraph 3(d).
Amendment 292 #
Proposal for a regulation
Recital 55 b (new)
Recital 55 b (new)
(55 b) The implementation of CBAM will be key for achieving the climate targets of the Paris Agreement. In this context the Green Climate Fund (GCF) will also contribute to support developing countries raise and realize their Nationally Determined Contributions (NDC) ambitions towards low-emissions, climate- resilient pathways.
Amendment 299 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waiveaccuracy of the information in the CBAM declaration, the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report.
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to ensure a level playing field to preserve the competitiveness of EU industries, and thus to prevent the risk of carbon leakage.
Amendment 316 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and 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 326 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Competent authorities shall set up national registries with accounts of authorised declarants. These accounts shall be connected and interchangeable with all competent authorities and automatically integrated in a central registry system managed by the Commission.
Amendment 328 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall require that competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties, either automatically via the central registry database, or upon request and within a delay of 3 months, when another competent authority or the Commission issues such request for specific information related to the calculation of the CBAM certificates.
Amendment 343 #
Proposal for a regulation
Article 14 – title
Article 14 – title
National registries and EU central registry database
Amendment 346 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registry of declarants authorised in that Member State in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13. Such a standardised electronic database shall be built to be compatible with the EU central database built by the Commission, meaning the data can be automatically uploaded into the central database.
Amendment 353 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission shall establish a central database that would automatically collect the information referred to in paragraph 2 which shall be automatically accessible to competent authorities of each Member States. The information in the database referred to in paragraph 2 shall be confidential unless specified otherwise in paragraph 4.
Amendment 354 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The central registry database aims to ensure an efficient and transparent management of the information provided by the authorised declarant and it shall be managed by the Commission. The Commission may ask further information to competent authorities to ensure the consistency of the information provided by the declarant and for purposes of its reports.
Amendment 358 #
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
12a. The Union may pursue complementary approaches to CBAM through cooperation and dialogue with third countries, with a view to conclude agreements on open, multilateral and cooperative approaches to tackle carbon leakage and achieve the deep decarbonisation of energy intensive industries, including through non-pricing policies. The introduction of CBAM and the proposal to increase cooperation and dialogue with third countries may actively contribute to tackle climate challenges at international level.
Amendment 362 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. If irregularities are identified as a result of the controls carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities within 3 months.
Amendment 373 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. If the authorised declarant has ceased its economic activity or its authorisation was revoked, the competent authority shall close the account of that declarant after 2 years.
Amendment 377 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) 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 its economic activity during the five years preceding the application; the declarant is not resident for tax purposes in, or incorporated under the laws of, jurisdictions that feature on the EU list of non-cooperative jurisdictions;
Amendment 406 #
Proposal for a regulation
Article 17 – paragraph 9 a (new)
Article 17 – paragraph 9 a (new)
9a. The competent authority informs the competent authorities of other Member States and the Commission on any refusal or revocation by introducing the necessary information in the national registry that shall be immediately transferred to the central database.
Amendment 461 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall assist the competent authorities, establishing clear and simplified rules and procedures, in carrying out their obligations under this Regulation and coordinate their activities.
Amendment 463 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The Commission shall provide enterprises, especially SMEs, with technical advice and assistance in order to facilitate their adaptation to the obligations laid down in this Regulation.
Amendment 464 #
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
The Commission shall set up an expert group representing the competent authorities in order to exchange information and best practices on the application of this Regulation.
Amendment 472 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registry of declarants authorised in that Member State in the form of a standardised electronic database in such a way to guarantee the interoperability with the central database referred to in paragraph 2. The national register shall containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.
Amendment 482 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialmade available to the public, unless it is proven that it is business confidential according to the relevant EU legislation.
Amendment 485 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.
Amendment 517 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period and every five years after that, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the state of implementation of the Regulation, including how it is fulfilling its objectives, and its governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to consider goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. The Commission can use the confidential information of the central database if relevant, but any report should ensure such data is anonymised.
Amendment 522 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The report by the Commission shall, if appropriate, be accompanied by afurther legislative proposals.
Amendment 525 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. Without prejudice to paragraph 2, the report presented before the end of the transitional period shall contain a calendar to extend the scope of this Regulation to the rest of sectors listed in Commission Delegated Decision (EU) 2019/708. Such calendar must be binding and contain specific dates for implementation.
Amendment 540 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The competent authority shall communicate the information referred to in paragraph 2 to the Commission at the latest two months after the end of the quarter covered by a report and the information shall be available in the central registry database.
Amendment 657 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, and every five years, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. An in-depth assessment should be made of the impact on competitiveness of the EU downstream industry and the maturity of new technologies that are crucial to ensure it.
Amendment 668 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. At the end of the first year after the transitional period of this Regulation and to ensure a level playing field for the EU production destined to the export, of the sectors covered by the scope of Annex I of this Regulation, the Commission shall submit to the European Parliament and to the Council a report, if necessary accompanied by legislative measures, on the impact of EU exports of those sectors in the global markets and shell considering an export adjustment mechanism that equalize the costs of CO2 with the different pricing schemes of the third countries. Such measures shall comply the WTO rules.