150 Amendments of Cláudia MONTEIRO DE AGUIAR related to 2021/0211(COD)
Amendment 57 #
Proposal for a directive
Recital 15
Recital 15
(15) In 2013, the Commission adopted a strategy for progressively integrating maritime emissions into the Union's policy for reducing greenhouse gas emissions. As a first step in this approach, the Union established a system to monitor, report and verify emissions from maritime transport in Regulation (EU) 2015/757 of the European Parliament and of the Council47 , to be followed by the laying down of reduction targets for the maritime sector and the application of a market based measure. In line with the commitment of the co- legislators expressed in Directive (EU) 2018/410 of the European Parliament and of the Council48 , action by the International Maritime Organization (IMO) or the Union should start from 2023, including preparatory work on adoption and implementation of a measure ensuring that the sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement and due consideration being given by all stakeholders. These actions should avoid creating carbon and business leakage, and should take due consideration of the competitiveness of the European maritime industry, including the competitive position of EU ports. __________________ 47Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55). 48Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
Amendment 61 #
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement. Efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, these measures will not be sufficient to achieve the objectives of the Paris Agreement. Given the international character of shipping, a global market- based measure would be the most suitable and effective option. The Commission in collaboration with Member States should therefore further step up diplomatic efforts to make progress on the development of such a global market- based measure at the International Maritime Organization (IMO) level. Overall, EU initiatives addressing emissions from shipping should be compatible with IMO efforts in order to avoid carbon leakage and leakage of business to ports outside Europe.
Amendment 63 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) Evasive port calls at neighbouring non-EU ports could seriously jeopardise the effectiveness of the maritime ETS, as it would not reduce total shipping emissions. It could even increase overall emissions, in particular when evasion leads to longer voyages to and from third countries with lower environmental standards
Amendment 65 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from this Directive should be provided for emissions from maritime voyages to and from the outermost regions due to their dependency on maritime transport for territorial continuity, for import of raw materials, essential goods and other products, as well as for some exports.
Amendment 66 #
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and half of the emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a sharelf of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. Toand a half of the emissions for the intra-EU voyages ensures the equal footing for EU maritime sector, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. The extension of the ETS to maritime sector should affect Member States in a fair and equal manner, taking into account their specific circumstances, such as those relating to climate and weather conditions. Furthermore, the definition of port call applied in the EU ETS Directive and in Regulation(EU) 2015/757 should consider the risk of carbon and business leakage arising from the implementation of a regional ETS. Accordingly, the definition of port call must account for, and help prevent, vessels evading the EU ETS through evasive port calls on ports in countries neighbouring the EU. To that end, a port call must include a significant transfer of cargo from one vessel to another for the purposes of transhipment, or significant bunkering. То ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 20236 to 20258. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 20269, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. __________________ 49 Paris Agreement, Article 4(4).
Amendment 71 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) The EU ETS should contribute to effectively decarbonising maritime transport activities as much as possible. The transition from fossil fuels to renewable and low-carbon fuels will play a considerable role in that process. However, considering the high level of competition between shipping companies and the important price differential between conventional fuels and renewable and low-carbon fuels, this transition should be supported through economic incentives that reflect the environmental benefit of alternative fuels and make them more competitive for shipping companies thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to shipping companies, in proportion to the amount of alternative fuels used and reported. The amount of allowances allocated for free should be adjusted with multipliers in order to take into account that some types of alternative fuels deliver higher environmental benefits and are more costly to purchase for shipping companies. The Commission should regularly review the level of the multipliers based on fuels market price information.
Amendment 72 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) To avoid the negative impacts in terms of emission reduction and competitiveness of a regional measures, Directive 2003/87/EC should find solutions to limit the risk of carbon leakage linked to rerouting and evasion calls, as well as recognise and mitigate the possible negative impacts of such a regional system on the competitiveness and connectivity of ports in Europe, as well as the possible negative impact on the modal split.
Amendment 74 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17 b) Where necessary, the Commission should review Regulation 2015/757, to ensure that the information on the use of all types of alternative fuels, is available for the purpose of determining the amount of free allowances under the EU ETS.
Amendment 77 #
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17 c) A Maritime Transition Fund (‘the Maritime Fund’) should be established to provide funds to the Member States to support their policies supporting maritime transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable alternative fuels as defined in Regulation on the use of renewable and low-carbon fuels in maritime transport XXX/XXX, including systems for collection of raw materials for alternative fuels, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new engines and technologies, and ports infrastructure. The Commission should submit legislative proposals for the creation of a Maritime Fund. The Maritime Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of maritime allowances. The Maritime Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article322 TFEU, in particular Regulation(EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
Amendment 81 #
Proposal for a directive
Recital 19
Recital 19
(19) The Commission should review the functioning ofBefore the entry into force of the provisions of amended Directive 2003/87/EC in relation to maritime transport activities in the light of experience of its application, including in relation to possible evasive practices, and should then propose measures to ensure its effectiveness. , the Commission should conduct an impact assessment, in close cooperation with the relevant stakeholders, based on real data, determining possible impacts of these provisions on carbon leakage, delocation of calls and port business to ports outside the EU, connectivity of ports in Europe and where relevant on the modal shift. Such a dedicated impact assessment is a precondition for the EU ETS to work as intended, in particular in the light of possible evasive practices. If the impact assessment determines a risk of a negative impact on the maritime sector and EU ports, the Commission should propose preventive measures to address it, including recommendations for specific provisions based on ports in EU sea- basins or in neighbouring EU countries, in order to ensure level playing field and effectiveness of the EUETS. Alignment with a market-based measure developed in the IMO should be closely examined as a means of addressing potential negative impacts of a regional EU ETS scope. In addition, the Commission should conduct a synergistic impact assessment investigating the effect of all Fit for 55 proposals, including analysis on EU competitiveness, potential risk of mobility reduction and cost effectiveness of GHG emissions reductions.
Amendment 89 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from this Directive should be provided for emissions from maritime voyages to and from the outermost regions due to their dependency on maritime transport for territorial continuity, for import of raw materials, essential goods and other products, as well as for some exports.
Amendment 91 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) To ensure that there is a level playing field for ships that navigate in ice conditions and other ships, a specific method should be applied to take into account additional emissions related to navigation in ice conditions and additional emissions of ice-classed ships when sailing in open water, while ensuring that emissions trading through the ETS continues to drive down emissions in the maritime sector. To that end, relevant provisions on the transfer, surrender and cancellation of allowances under Directive 2003/87/EC should be modified accordingly.
Amendment 94 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 as well as equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016- 2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC. For the EU ETS to contribute to lowering global GHG emissions and enabling decarbonisation, a substantial share of the EU ETS revenues generated by the maritime and aviation sector or the equivalent amounts should be used to enable the decarbonisation of those sectors, EU ports and aerodromes.
Amendment 99 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support installation of non-break through technologies in industrial processes that have an enormous GHG-saving potential but are not market-ready as well as innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector through research into breakthrough solutions, support for the deployment of innovative technologies, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, first industrial application, refuelling and recharging infrastructure in ports, including connection to electricity grid and other energy infrastructures, as well as zero- emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. To foster innovation in breakthrough technologies as soon as possible, the Commission should ensure that the financing made available through the Innovation Fund is ‘frontloaded’ during the first years of implementation of the present Directive. __________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 107 #
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminatcontinuing the support to any investments related to fossil fueltransitional fuels and technologies. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 109 #
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity, where the CO2 is emitted into the atmosphere. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and where to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 110 #
Proposal for a directive
Recital 42
Recital 42
(42) The further exclusion of installations using exclusively biomass from the EU ETS haswill lead to situations where installations combusting a high share of biomass have obtained windfall profits by receiving free allowances greatly exceeding actual emissions. Therefore, aa lack of certainty over updating the benchmark values for free allocation and disincentive a full transition to a zero-carbon energy source. A 100% threshold value for zero- rated biomass combustion should be maintroduced above whichained for installations arto be excluded from the EU ETS. The threshold value of 95 % is in line with the uncertainty parameter set out in Article 2(16) of Commission Delegated Regulation (EU) 2019/33156 . __________________ 56 Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).
Amendment 136 #
Proposal for a directive
Recital 46
Recital 46
(46) The regulated entities in the two new sectors and the point of regulation should be defined in line with the system of excise duty established by Council Directive (EU) 2020/26258 , with the necessary adaptations, as that Directive already sets a robust control system for all quantities of fuels released for consumption for the purposes of paying excise duties. End- users of fuels in those sectors should not be subject to obligations under Directive 2003/87/EC. __________________ 58Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58 27.2.2020, p. 4).
Amendment 167 #
Proposal for a directive
Recital 51
Recital 51
(51) The distribution rules on auction shares are highly relevant for any auction revenues that would accrue to the Member States, especially in view of the need to strengthen the ability of the Member States to address the social impacts of a carbon price signal in the buildings and road transport sectors. Notwithstanding the fact that the two sectors have very different characteristics, it is appropriate to set a commonIt is appropriate to take into account the characteristics of the sector in order to elaborate a distribution rule similar to the one applicable to stationary installations. The main part of allowances should be distributed among all Member States on the basis of the average distribution of the emissions in the sectors covered during the period from 2016 to 2018.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 2 a (new)
Article 3g – paragraph 2 a (new)
2 a. By way of derogation from Articles 3g and 3ga, Member States shall take no action against shipping companies in respect of emissions from ships performing voyages to and from ports located in an outermost region, between two different ports located in different outermost regions and between a port located in an outermost region and a port located in the same Member State or other EU Member State. Following a report to the European Parliament and the Council on possible impact of extending the scope of the EU ETS to maritime transport to and from outermost regions, the Commission shall assess whether it is justified to end this derogation, and, where appropriate, it shall submit an amendment for that purpose.
Amendment 195 #
Proposal for a directive
Recital 15
Recital 15
(15) In 2013, the Commission adopted a strategy for progressively integrating maritime emissions into the Union's policy for reducing greenhouse gas emissions. As a first step in this approach, the Union established a system to monitor, report and verify emissions from maritime transport in Regulation (EU) 2015/757 of the European Parliament and of the Council47 , to be followed by the laying down of reduction targets for the maritime sector and the application of a market based measure. In line with the commitment of the co- legislators expressed in Directive (EU) 2018/410 of the European Parliament and of the Council48 , action by the International Maritime Organization (IMO) or the Union should start from 2023, including preparatory work on adoption and implementation of a measure ensuring that the sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement and due consideration being given by all stakeholders. These actions should avoid creating carbon and business leakage, and should take due consideration of the competitiveness of the European maritime industry, including the competitive position of EU ports. _________________ 47Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55). 48Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
Amendment 199 #
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement. Efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, these measures will not be sufficient to achieve the objectives of the Paris Agreement. Given the international character of shipping, a global market- based measure would be the most suitable and effective option. The Commission in collaboration with Member States should therefore further step up diplomatic efforts to make progress on the development of such a global market- based measure at the International Maritime Organization (IMO) level. Overall, EU initiatives addressing emissions from shipping should be compatible with IMO efforts in order to avoid carbon leakage and leakage of business to ports outside Europe.
Amendment 201 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Evasive port calls at neighbouring non-EU ports could seriously jeopardise the effectiveness of the maritime EU ETS, as it would not reduce total shipping emissions. It could even increase overall emissions, in particular when evasion leads to longer voyages to and from third countries with lower environmental standards.
Amendment 205 #
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and half of the emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a sharehalf of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compaand half of the emissions for the intra-EU voyages ensures the equal footing for EU maritime sector, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. The extension of the EU ETS to the maritime sector should affect Member States in a fair and equal manner, taking into account their specific circumstances, such as those relating to climate and weather conditions. Furthermored, to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. Tohe definition of port call applied in Directive 2003/87/EC and in Regulation(EU) 2015/757 should consider the risk of carbon and business leakage arising from the implementation of a regional EU ETS. Accordingly, the definition of port call should account for, and help prevent, vessels evading the EU ETS through evasive port calls on ports in countries neighbouring the EU. To that end, a port call should include a significant transfer of cargo from one vessel to another for the purposes of transhipment, or significant bunkering. То ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 20236 to 20258. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 20269, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. _________________ 49 Paris Agreement, Article 4(4).
Amendment 213 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) To avoid the negative impacts in terms of emission reduction and competitiveness of a regional measures, Directive 2003/87/EC should find solutions to limit the risk of carbon leakage linked to rerouting and evasion calls, as well as recognise and mitigate the possible negative impacts of such a regional system on the competitiveness and connectivity of ports in Europe, as well as the possible negative impact on the modal split.
Amendment 219 #
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the Commission should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 - to the European Parliament and to the Council on progress in the IMO negotiations concerning a global market- based measure. In its report, the Commission should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those instruments in Union law through a revision of Directive 2003/87/EC. In its report, the Commission should include proposals as appropriate. The Commission should maximise efforts with the view to establishing a global market-based measure in partnership with the International Maritime Organization (IMO) in order to extend the scope of the EU ETS for maritime transport to one hundred percent (100 %) for the emissions from both ships performing voyages between ports under the jurisdictions of a Member States and ships performing voyages between ports under the jurisdiction of a Member States and third countries.
Amendment 221 #
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60 a) A holistic and science-based approach is key to achieving the 2030 GHG emission reduction target and the 2050 climate neutrality objective. All measures should be drafted based on a comprehensive impact assessments analysing this Directive together with the other legislative acts in line with the European Climate Law and their consequences for different sectors of the European economy. Consequently, by 31 December two years after the entry into force of this Directive, the Commission should conduct such a synergistic impact assessment on the socio-economic and environmental aspects of the measures, indicating, inter alia, total rise of costs, investment needs and total additional number of jobs lost or severely transformed before applying assumptions on potential new job creation.
Amendment 223 #
Proposal for a directive
Recital 19
Recital 19
(19) The Commission should review the functioning ofBefore the entry into force of the provisions of amended Directive 2003/87/EC in relation to maritime transport activities in the light of experience of its application, including in relation to possible evasive practices, and should then propose measures to ensure its effectiveness. , the Commission should conduct an impact assessment, in close cooperation with the relevant stakeholders, based on real data, determining possible impacts of these provisions on carbon leakage, delocation of calls and port business to ports outside the EU, connectivity of ports in Europe and where relevant on the modal shift. Such a dedicated impact assessment is a precondition for the EU ETS to work as intended, in particular in the light of possible evasive practices. If the impact assessment determines a risk of a negative impact on the maritime sector and EU ports, the Commission should propose preventive measures to address it, including recommendations for specific provisions based on ports in EU sea- basins or in neighbouring EU countries, in order to ensure level playing field and effectiveness of the EU ETS. Alignment with a market-based measure developed in the IMO should be closely examined as a means of addressing potential negative impacts of a regional EU ETS scope. In addition, the Commission should conduct a synergistic impact assessment investigating the effect of all Fit for 55 proposals, including analysis on EU competitiveness, potential risk of mobility reduction and cost effectiveness of greenhouse gas emissions reductions.
Amendment 234 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from this Directive should be provided for emissions from maritime voyages to and from the outermost regions due to their dependency on maritime transport for territorial continuity, for import of raw materials, essential goods and other products, as well as for some exports.
Amendment 234 #
Proposal for a directive
Recital 67 a (new)
Recital 67 a (new)
(67 a) Given that this Directive will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Directive, proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors.
Amendment 238 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) To ensure that there is a level playing field for ships that navigate in ice conditions and other ships, a specific method should be applied to take into account additional emissions related to navigation in ice conditions and additional emissions of ice-classed ships when sailing in open water, while ensuring that emissions trading through the EU ETS continues to drive down emissions in the maritime sector. To that end, relevant provisions on the transfer, surrender and cancellation of allowances under Directive 2003/87/EC should be modified accordingly.
Amendment 258 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 as well as equivalent of 1,5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of the Modernisation Fund should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC. For the EU ETS to contribute to lowering global greenhouse gas emissions and enabling decarbonisation, a substantial share of the EU ETS revenues generated by the maritime and aviation sector or the equivalent amounts should be used to enable the decarbonisation of those sectors, EU ports and aerodromes.
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the CO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fifty percent (50 %) of theCO2 emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of fifty percent (50 %) of CO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and fifty percent (50 %) of CO2 emissions from ships at berth in a port under the jurisdiction of a Member State. In case of a distance between a port under the jurisdiction of a Member State and at a port outside the jurisdiction of a Member State less than 300 nautical miles and ships above a gross tonnage of 4500, the allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of one hundred percent (100%) of the CO2emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port unoutsider the jurisdiction of a Member State and, one hundred percent (100 %) of the CO2 emissions from ships at berth inperforming voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State.
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 2 a (new)
Article 3g – paragraph 2 a (new)
2 a. By way of derogation from Articles 3g and 3ga, Member States shall take no action against shipping companies in respect of emissions from ships performing voyages to and from ports located in an outermost region, between two different ports located in different outermost regions and between a port located in an outermost region and a port located in the same Member State or other EU Member State. Following a report to the European Parliament and the Council on possible impact of extending the scope of the EU ETS to maritime transport to and from outermost regions, the Commission shall assess whether it is justified to end this derogation, and, where appropriate, it shall submit an amendment for that purpose.
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
Amendment 307 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga new
Article 3ga new
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd new
Article 3gd new
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport to ensure a global approach. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate in order to align EU legislation with measures taken on the global level.
Amendment 328 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
Article 3ge – paragraph 2
2. The Commission shall monitor and evaluate the implementation of this Chapter and, possible trends as regards companies seeking to avoid being bound by the requirements of this Directivend adverse impacts as regards, inter alia, the competitiveness of the EU maritime sector and companies seeking to avoid being bound by the requirements of this Directive through annual reports analysing market distortions and deterioration of level playing field of the maritime sector. Among analysed trends, the Commission shall analyse changes in transhipment calls being made on ports in the Union, number of voyages coming from neighbouring ports and port calls from feeder vessels and overall changes in port traffic in the EU ports among others. If appropriate, the Commission shall propose measures to prevent such avoidancepossible adverse impacts.;
Amendment 332 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2a (new)
Article 3ge – paragraph 2a (new)
2 a. No later than by 31 December two years after the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in the labour market, transport freight rates, household purchasing power and the magnitude of carbon leakage among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level-playing field.
Amendment 333 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2b(new)
Article 3ge – paragraph 2b(new)
2 b. In 202X (one year after first phase-in of ETS for maritime), the Commission shall prepare a report on the development of import and export costs in form of indirect costs stemming from shipping for European manufacturing with particular focus on commodities traded at global reference prices. On this basis, the Commission shall propose Member States to adopt financial measures in line with the second and fourth subparagraphs of Article 10a6 in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to indirect costs that are actually incurred from additional transport costs passed on in maritime freight prices for the import or export of products, precursors, raw materials and commodities. These financial measures shall be in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market.
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 6 – point e
Article 6 – point e
(e) an obligation to surrender allowances equal to the total emissions of the installation in each calendar yeareach calendar year allowances in accordance with provisions of this Directive, as verified in accordance with Articles3gc and 15, within four months following the end of that year;.
Amendment 336 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment]2029, the Union-wide quantity of allowances shall be deincreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 millionnumber corresponding to scope of application to maritime transport activities as set out in Article 3g of Directive 2003/87/EC] allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %[XX] %, calculated to reduce the overall cap in view of reaching the 2030 target. The Commission shall publish the Union- wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 340 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 4
Article 10 – paragraph 1 – subparagraph 4
In addition, 2,54 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1,5% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
Amendment 342 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support installation of non-break through technologies in industrial processes that have an enormous greenhouse gas-saving potential but are not market-ready as well as innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector through research into breakthrough solutions, support for the deployment of innovative technologies, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, first industrial application, refuelling and recharging infrastructure in ports, including connection to electricity grid and other energy infrastructures, as well as zero- emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. To foster innovation in breakthrough technologies as soon as possible, the Commission should ensure that the financing made available through the Innovation Fund is ‘frontloaded’ during the first years of implementation of this Directive. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 342 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget and revenues transferred to Aviation Transition Fund, Maritime Transition Fund in accordance with Article 3dnew and3gd (new). Member States, shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:;
Amendment 343 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget and revenues transferred to Maritime Transition Fund in accordance with Article 3gd a (new). Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:
Amendment 344 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – point f
Article 10 – paragraph 3 – point f
(b a) in paragraph 3, point f is amended as follows: "(f) to encourage a shift to low- emission and public forms of transport;, including the development of passenger and freight rail transport."
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point (c a) new
Article 1 – paragraph 1 – point 11 – point (c a) new
(c a ) In paragraph 3, the following point (f a) is inserted: "(f a) to finance measures to support airports decarbonisations in accordance with Regulation xxx/xxxx on the deployment of alternative fuels infrastructure, and Regulation xxxx/xxxx on ensuring a level playing field for sustainable air transport;"
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point h a (new)
Article 10 – paragraph 3 – point h a (new)
(h a) to finance measures to support airports decarbonisations in accordance with Regulation xxx/xxxx on the deployment of alternative fuels infrastructure, and Regulation xxxx/xxxx on ensuring a level playing field for sustainable air transport;
Amendment 350 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
(c a) Article 10 - paragraph 3 - subparagraph 2 "(c a) In paragraph 3, the second subparagraph is amended as follows: " Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies, including in particular in developing countries, or domestic regulatory policies, which leverage financial support, established for the purposes set out in the first subparagraph, including the transfers to Aviation Fund and Maritime Fund, and which have a value equivalent to at least 950 % of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in paragraph 2, points (b) and(c). ; Or. en (Directive 2003/87/EC)
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the timing, administration and other aspects of auctioning, including the modalities for the transfer of a share of revenues to the Union budget, Aviation Fund and Maritime Fund in order to ensure that it is conducted in an open, transparent, harmonised and non- discriminatory manner.
Amendment 352 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the timing, administration and other aspects of auctioning, including the modalities for the transfer of a share of revenues to the Union budget, and the Maritime Transition Fund in order to ensure that it is conducted in an open, transparent, harmonised and non- discriminatory manner.
Amendment 355 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 1
Article 10a – paragraph 1a – subparagraph 1
1a. No free allocation shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of application of the Carbon Border Adjustment Mechanismwhen CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products.
Amendment 361 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products and processes substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport, including for refuelling and recharging infrastructure in ports, connection to electricity grid and other energy infrastructure, and first industrial application to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation and road transport; further development of the railway system and local public transport addressing both the physical and digital infrastructure and fleets. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 375 #
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminatcontinuing the support to any investments related to fossil fueltransitional fuels and technologies. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
(-a) Article 12(1) is replaced as following : " 1. Member States shall ensure that allowances can be transferred between: (a) personregulated entities within the Union ; (b) personregulated entities within the Union and persons in third countries, where such allowances are recognised in accordance with the procedure referred to in Article 25 without restrictions other than those contained in, or adopted pursuant to, this Directive Or. en (Directive 2007/87/EC)
Amendment 377 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point a new
Article 12 – paragraph 3 – point a new
(a a) An aircraft operator shall receive allowances free of charge proportional with the use of sustainable aviation fuels, including renewable fuels of non- biological origin. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to subpagraph (ab) of this Article
Amendment 378 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
(a b) The amount of allowances received free of charge by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: (a) By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. (b) By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. (c) By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive.
Amendment 379 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 a c new
Article 12 – paragraph 3 a c new
(a c) An aircraft operator shall also receive allowances free of charge proportional with the use of best available aircraft technology in the previous year. (a) The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the EU taxonomy. Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance shall apply. (b) An operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year to the competent authorities. These shall request that the reported data is substantiated and verify the data. (c) To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology.
Amendment 380 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc and provisions of Article 3ga.
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc. Shipping companies may surrender fewer allowances on the basis of ships’ ice class or navigation in ice or both. By 31 December 2022, the Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive by establishing a methodology for calculating there adjusted quantity of allowances to be surrendered by shipping companies on the basis of ships’ ice class or navigation in ice or both.
Amendment 388 #
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity, where the CO2 is emitted into the atmosphere. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and where to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place, for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 389 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Member States, administering Member States and administering authorities in respect of a shipping company shall ensure that allowances surrendered in accordance with the first subparagraph are subsequently cancelled.; To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 390 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
By 31 December 2025 [year previous to first reporting year referred to in Article 3ga] the Commission shall adopt a delegated act pursuant to Article 23 to supplement this Directive concerning the method for surrendering an adjusted number of allowances for ice-classed vessels, including the methodology for determining adjustments on the basis of technical characteristics that increase emissions of ice-classed ships during their navigation and the corresponding requirements for shipping companies intending to make use of such adjustments. To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e a (new)
Article 1 – paragraph 1 – point 15 – point e a (new)
Directive 2003/87/EC
Article 12 – paragraph 4
Article 12 – paragraph 4
(e a) paragraph 4 is amended as follows: "4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the personregulated entity holding them. In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). " Or. en ((Directive 2003/87/EC))
Amendment 398 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 399 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 19 – paragraph 2a (new)
Article 19 – paragraph 2a (new)
Amendment 410 #
Proposal for a directive
Recital 42
Recital 42
(42) The further exclusion of installations using exclusively biomass from the EU ETS haswill lead to situations where installations combusting a high share of biomass have obtained windfall profits by receiving free allowances greatly exceeding actual emissions. Therefore, a threshold value for zero-rated biomass combustion should be introduced above which installations are excluded from the EU ETS. The threshold value of 95 % is in line with the uncertainty parameter set out in Article 2(16) of Commission Delegated Regulation (EU) 2019/33156 . _________________ 56 Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free a lack of certainty over updating the benchmark values for free allocation and disincentive a full transition to a zero-carbon energy source. A 100 % threshold value for zero- rated biomass combustion should be maintained for installocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8)s to be excluded from the EU ETS.
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 3a (new)
Article 30d – paragraph 3a (new)
3 a. 25 % of the total quantity of allowances covered by this Chapter shall be auctioned and the revenues generated therefrom shall be allocated to EU budget as own resources in accordance with Article 2(e)(1) of the Decision (EU, Euratom) 2020/2053
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 3b new
Article 30d – paragraph 3b new
3 b. 25 % of the total quantity of allowances covered by this Chapter shall be auctioned and the revenues generated therefrom shall be allocated to the Social Climate Fund established by Regulation (EU)20…/xxx [Social Climate Fund Regulation].
Amendment 421 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5
Article 30d – paragraph 5
5. Member States shall determine the use of revenues generated from the auctioning of allowances referred to in paragraph 4, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget as provided in paragraph 3a of this Article and except for the revenues transferred to the Social Climate Fund in accordance with paragraph 3b of this Article. Member States shall use their revenues for one or more of the activities referred to in Article 10(3) or for one or more of the following:
Amendment 425 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5 – point b – subparagraph 2
Article 30d – paragraph 5 – point b – subparagraph 2
Member States shall use a part of their auction revenues generated in accordance with this Article to address social aspects of the emission trading under this Chapter with a specific emphasis on vulnerable households, vulnerable micro-enterprises and vulnerable transport users as defined under Regulation (EU) 20…/nnxxx [Social Climate Fund Regulation](*). Where a Member State submits to the Commission a [Social Climate Plan] pursuant to that Regulation, the Member State shall use those revenues inter alia to finance that plan including as national contribution as provided in Article 14 of the Regulation (EU) 20…/xxx [Social Climate Fund Regulation.
Amendment 426 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5 – point b – subparagraph 3
Article 30d – paragraph 5 – point b – subparagraph 3
Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies or regulatory policies, which leverage financial support, established for the purposes set out in the first subparagraph and which have a value equivalent to the revenues generated from the auctioning of allowances referred to in this Chapterin accordance with paragraph , subparagraph 1 of this Article.
Amendment 429 #
Proposal for a directive
Recital 43
Recital 43
(43) The Communication of the Commission on Stepping up Europe’s 2030 climate ambition57 , underlined the particular challenge to reduce the emissions in the sectors of road transport and buildingspecific sectors. Therefore, the Commission announced that a further expansion of emissions trading could include emissions from road transport andin order to cover emissions from buildings. Emissions trading for these twois new sectors would be established through separate but adjacent emissions trading. This would avoid any disturbance of the well-functioning emissions trading in the sectors of stationary installations and aviation. The new system is accompanied by complementary policies and measures safeguarding against undue price impacts, shaping expectations of market participants and aiming for a carbon price signal for the whole economy. Previous experience has shown that the development of the new market requires setting up an efficient monitoring, reporting and verification system. In view of ensuring synergies and coherence with the existing Union infrastructure for the EU ETS covering the emissions from stationary installations and aviation, it is appropriate to set up emissions trading for the road transport and buildings sectors via an amendment to Directive 2003/87/ЕC. _________________ 57 COM(2020)562 final.
Amendment 438 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 1
Article 30h – paragraph 1
1. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than twice the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 50 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 439 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 1
Article 30h – paragraph 1
1. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than twice the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 50 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 2
Article 30h – paragraph 2
2. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than three times the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 150 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 442 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 2
Article 30h – paragraph 2
2. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than three times the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 150 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 447 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 i – paragraph 1a (new)
Article 30 i – paragraph 1a (new)
The Commission shall consider possible amendments to this Directive with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum.
Amendment 451 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5a
Article 1 – paragraph 5a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 400 million allowances shall no longer be valid.be set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor. Any further increase of the Modernisation Fund and the Innovation Fund shall not be generated through reallocation of resources from any other EU policies, funds or programmes;
Amendment 457 #
Proposal for a directive
Recital 45
Recital 45
(45) Due to the very large number of small emitters in the sectors of buildings and road transport, it is not possible to establish the point of regulation at the level of entities directly emitting greenhouse gases, as is the case for stationary installations and aviation. Therefore, for reasons of technical feasibility and administrative efficiency, it is more appropriate to establish the point of regulation further upstream in the supply chain. The act that triggers the compliance obligation under the new emissions trading should be the release for consumption of fuels which are used for combustion in the sectors of buildings and road transport, including for combustion in road transport of greenhouse gases for geological storage. To avoid double coverage, the release for consumption of fuels which are used in other activities under Annex I to Directive 2003/87/EC should not be covered.
Amendment 463 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point -a
Article 3 – paragraph 1 – point 4 – point -a
Regulation (EU) 2015/757
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 465 #
Proposal for a directive
Recital 46
Recital 46
(46) The regulated entities in the two new sectors and the point of regulation should be defined in line with the system of excise duty established by Council Directive (EU) 2020/26258 , with the necessary adaptations, as that Directive already sets a robust control system for all quantities of fuels released for consumption for the purposes of paying excise duties. End- users of fuels in those sectors should not be subject to obligations under Directive 2003/87/EC. _________________ 58Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58 27.2.2020, p. 4).
Amendment 465 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point 5 a (new)
Article 3 – paragraph 1 – point 4 – point 5 a (new)
Regulation (EU) 2015/757
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
(5 a) In Article 9, the last subparagraph of paragraph 1 is replaced by the following "Companies may also monitor information relating to the ship's ice class and to navigation through ice, where applicable. For shipping companies aiming to surrender fewer emission allowances on the basis of navigation in ice conditions under Directive 2003/87/EC monitoring shall include information on the voyage involving navigation in ice."
Amendment 466 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point 5b (new)
Article 3 – paragraph 1 – point 4 – point 5b (new)
Regulation (EU) 2015/757
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
(5 b) In Article 9, the introductory part of paragraph 2 is replaced by the following: "2. By way of derogation from paragraph 1 of this Article and without prejudice to Article 10, a company shall be exempt from the obligation to monitor the information referred to in paragraph 1 of this Article on a per-voyage basis in respect of a specified ship for the voyages to which it forfeits the right to surrender fewer emission allowances on the basis of the navigation in ice under Directive 2003/87/EC, if:"
Amendment 469 #
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 1 – point k a new
Article 10 – paragraph 1 – point k a new
(6a). In Article 10, the following point (ka) is inserted: "(ka) Companies may monitor information relating to the ship's ice class and to navigation through ice, where applicable. For shipping companies aiming to surrender fewer emission allowances on the basis of ships’ ice class or navigation in ice or both under Directive 2003/87/EC the monitoring shall include aggregated CO2 emissions from all voyages that involved navigating in ice conditions and total distance travelled during voyages that involved navigating in ice conditions."
Amendment 470 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 475 #
Proposal for a directive
Recital 47
Recital 47
(47) The regulated entities falling within the scope of the emissions trading in the sectors of buildings and road transport should be subject to similar greenhouse gas emissions permit requirements as the operators of stationary installations. It is necessary to establish rules on permit applications, conditions for permit issuance, content, and review, and any changes related to the regulated entity. In order for the new system to start in an orderly manner, Member States should ensure that regulated entities falling within the scope of the new emissions trading have a valid permit as of the start of the system in 2025.
Amendment 485 #
Proposal for a directive
Annex I – point 3 – point c
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – part C – point B – introductory part
Annex IV – part C – point B – introductory part
B. For each type of fuel released for consumption and which is used for combustion in the buildings and road transport sectors as defined in Annex III, for which emissions are calculated:
Amendment 486 #
Proposal for a directive
Recital 48
Recital 48
(48) The total quantity of allowances for the new emissions trading should follow a linear trajectory to reach the 2030 emissions reduction target, taking into account the cost-efficient contribution of buildings and road transport of 43 %of necessary emission reductions by 2030 compared to 2005 provided by Regulation (EU) 2021/1119. The total quantity of allowances should be established for the first time in 2026, to follow a trajectory starting in 2024 from the value of the 2024 emissions limits (1 109 304 000 CO2t), calculated in accordance with Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council59 on the basis of the reference emissions for these sectors for the period from 2016 to 2018. Accordingly, the linear reduction factor should be set at 5,15 %. From 2028, the total quantity of allowances should be set on the basis of the average reported emissions for the years 2024, 2025 and 2026, and should decrease by the same absolute annual reduction as set from 2024, which corresponds to a 5,43 % linear reduction factor compared to the comparable 2025 value of the above defined trajectory. If those emissions are significantly higher than this trajectory value and if this divergence is not due to small-scale differences in emission measurement methodologies, the linear reduction factor should be adjusted to reach the required emissions reduction in 2030. _________________ 59Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 496 #
Proposal for a directive
Recital 49
Recital 49
(49) The auctioning of allowances is the simplest and the most economically efficient method for allocating emission allowances, which also avoids windfall profits. Both the buildings and road transport sectors areThe sector of buildings is under relatively small or non-existent competitive pressure from outside the Union and areis not exposed to a risk of carbon leakage. Therefore, allowances for buildings and road transport should only be allocated via auctioning without there being any free allocation.
Amendment 507 #
Proposal for a directive
Recital 50
Recital 50
(50) In order to ensure a smooth start to emissions trading in the buildings and road transport sectors and taking into account the need of the regulated entities to hedge or buy ahead allowances to mitigate their price and liquidity risk, a higher amount of allowances should be auctioned early on. In 2026, the auction volumes should therefore be 30 % higher than the total quantity of allowances for 2026. This amount would be sufficient to provide liquidity, both if emissions decrease in line with reduction needs, and in the event emission reductions only materialise progressively. The detailed rules for this front-loading of auction volume are to be established in a delegated act related to auctioning, adopted pursuant to Article 10(4) of Directive 2003/87/EC.
Amendment 516 #
Proposal for a directive
Recital 51
Recital 51
(51) The distribution rules on auction shares are highly relevant for any auction revenues that would accrue to the Member States, especially in view of the need to strengthen the ability of the Member States to address the social impacts of a carbon price signal in the buildings and road transport sectors. Notwithstanding the fact that the two sectors have very different characteristics, it is appropriate to set a commonIt is appropriate to take into account the characteristics of the sector in order to elaborate a distribution rule similar to the one applicable to stationary installations. The main part of allowances should be distributed among all Member States on the basis of the average distribution of the emissions in the sectors covered during the period from 2016 to 2018.
Amendment 530 #
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport andthe buildings sector should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings sector, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerabllow and middle income households, SMEs and micro- enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62[Add ref to the Regulation establishing the Social Climate Fund].
Amendment 550 #
Proposal for a directive
Recital 54
Recital 54
(54) Innovation and development of new low-carbon technologies in the sectors of buildings and road transport areis crucial for ensuring the cost- efficient contribution of these sectors to the expected emission reductions. Therefore, [150] million allowances from emissions trading in the buildings and road transport sectors should also be made available to the Innovation Fund to stimulate the cost- efficient emission reductions.
Amendment 557 #
Proposal for a directive
Recital 55
Recital 55
(55) Regulated entities covered by the buildings and road transport emissions trading should surrender allowances for their verified emissions corresponding to the quantities of fuels they have released for consumption. They should surrender allowances for the first time for their verified emissions in 2026. In order to minimise the administrative burden, a number of rules applicable to the existing emissions trading system for stationary installations and aviation should be made applicable to emissions trading for buildings and road transport, with the necessary adaptations. This includes, in particular, rules on transfer, surrender and cancellation of allowances, as well as the rules on the validity of allowances, penalties, competent authorities and reporting obligations of Member States.
Amendment 567 #
Proposal for a directive
Recital 56
Recital 56
(56) For emissions trading in the buildings and road transport sectors to be effective, it should be possible to monitor emissions with high certainty and at reasonable cost. Emissions should be attributed to regulated entities on the basis of fuel quantities released for consumption and combined with an emission factor. Regulated entities should be able to reliably and accurately identify and differentiate the sectors in which the fuels are released for consumption, as well as the final users of the fuels, in order to avoid undesirable effects, such as double burden. To have sufficient data to establish the total number of allowances for the period from 2028 to 2030, the regulated entities holding a permit at the start of the system in 2025 should report their associated historical emissions for 2024.
Amendment 579 #
Proposal for a directive
Recital 57
Recital 57
(57) It is appropriate to introduce measures to address the potential risk of excessive price increases, which, if particularly high at the start of the buildings and road transport emissions trading, may undermine the readiness of households and individuals to invest in reducing their greenhouse gas emissions. These measures should complement the safeguards provided by the Market Stability Reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council64 and that became operational in 2019. While the market will continue to determine the carbon price, safeguard measures will be triggered by rules-based automatism, whereby allowances will be released from the Market Stability Reserve only if concrete triggering conditions based on the increase in the average allowance price are met. This additional mechanism should also be highly reactive, in order to address excessive volatility due to factors other than changed market fundamentals. The measures should be adapted to different levels of excessive price increase, which will result in different degrees of the intervention. The triggering conditions should be closely monitored by the Commission and the measures should be adopted by the Commission as a matter of urgency when the conditions are met. This is without prejudice to any accompanying measures that Member States may adopt to address adverse social impacts. _________________ 64 Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 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 264, 9.10.2015, p. 1).
Amendment 589 #
Proposal for a directive
Recital 58
Recital 58
(58) The application of emissions trading in the buildings and road transport sectors should be monitored by the Commission, including the degree of price convergence with the existing ETS, and, if necessary, a review should be proposed to the European Parliament and the Council to improve the effectiveness, administration and practical application of emissions trading for those sectors on the basis of acquired knowledge as well as increased price convergence. The Commission should be required to submit the first report on those matters by 1 January 2028.
Amendment 597 #
Proposal for a directive
Recital 59
Recital 59
(59) In order to ensure uniform conditions for the implementation of Articles 3gd(3), 12(3b) and 14(1) of Directive 2003/87/EC, implementing powers should be conferred on the Commission. To ensure synergies with the existing regulatory framework, the conferral of implementing powers in Articles 14 and 15 of that Directive should be extended to cover the sectors of road transport and buildings. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council65 . _________________ 65Regulation (EU) No 182/2011 of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.02.2011, p. 13).
Amendment 605 #
Proposal for a directive
Recital 60
Recital 60
(60) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Articles 10(4) and 10a(8) of that Directive. Moreover, to ensure synergies with the existing regulatory framework, the delegation in Articles 10(4) and 10a(8) of Directive 2003/87/EC should be extended to cover the sectors of road transport and buildings. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents66 , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified _________________ 66 OJ C 369, 17.12.2011, p. 14. 66
Amendment 606 #
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) A holistic and science-based approach is key to achieving the 2030 greenhouse gas emission reduction target and the 2050 climate neutrality objective. All measures should be drafted based on a comprehensive impact assessments analysing this Directive together with the other legislative acts in line with Regulation (EU) 2021/1119 and their consequences for different sectors of the European economy. Consequently, by 31 December 2025, the Commission should conduct such a synergistic impact assessment on the socio-economic and environmental aspects of the measures, indicating, inter alia, total rise of costs, investment needs and total additional number of jobs lost or severely transformed before applying assumptions on potential new job creation.
Amendment 628 #
Proposal for a directive
Recital 66
Recital 66
(66) In order to mitigate the risk of supply and demand imbalances associated with the start of emissions trading for the buildings and road transport sectors, as well as to render it more resistant to market shocks, the rule- based mechanism of the Market Stability Reserve should be applied to thoseis new sectors. For that reserve to be operational from the start of the system, it should be established with an initial endowment of [600] million allowances for emissions trading in the road transport and buildings sectors. The initial lower and upper thresholds, which trigger the release or intake of allowances from the reserve, should be subject to a general review clause. Other elements such as the publication of the total number of allowances in circulation or the quantity of allowances released or placed in the reserve should follow the rules of the reserve for other sectors.
Amendment 637 #
Proposal for a directive
Recital 67 a (new)
Recital 67 a (new)
(67a) Given that this Directive will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Directive, proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors.
Amendment 663 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point v
Article 3 – paragraph 1 – point v
(v) ‘shipping company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council(*) as a whole or partially; _____________ (*) Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (OJ L 64, 4.3.2006, p. 1).
Amendment 689 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the CO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fifty percent (50 %) of theCO2 emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, fifty percent (50 %) of CO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and fifty percent (50 %) of CO2 emissions from ships at berth in a port under the jurisdiction of a Member State. In case of a distance between a port under the jurisdiction of a Member State and at a port outside the jurisdiction of a Member State less than 300 nautical miles and ships above a gross tonnage of 4 500, the allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of one hundred percent (100 %) of the CO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port unoutsider the jurisdiction of a Member State and, one hundred percent (100 %) of the CO2 emissions from ships at berth inperforming voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State.
Amendment 704 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 a (new)
Article 3g – paragraph 1 a (new)
1a. The Commission shall pursue with the establishment of global market-based measure in partnership with the International Maritime Organization (IMO) in order to extend the scope of the EU ETS for maritime transport to 100 % for the CO2 emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Members State and the emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 705 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 b (new)
Article 3g – paragraph 1 b (new)
Amendment 710 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 2 a (new)
Article 3g – paragraph 2 a (new)
2a. By way of derogation from Articles 3g and 3ga, Member States shall take no action against shipping companies in respect of emissions from ships performing voyages to and from ports located in an outermost region, between two different ports located in different outermost regions and between a port located in an outermost region and a port located in the same Member State or other EU Member State. Following a report to the European Parliament and the Council on possible impact of extending the scope of the EU ETS to maritime transport to and from outermost regions, the Commission shall assess whether it is justified to end this derogation, and, where appropriate, it shall submit an amendment for that purpose.
Amendment 714 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – introductory part
Article 3ga – paragraph 1 – introductory part
Shipping companies shall be liable to surrender allowances in respect of the share/percentages of emissions from ships referred to in Article 3g according to the following schedule:
Amendment 718 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point a
Article 3ga – paragraph 1 – point a
(a) 20 % of verified emissions reported for 20236;
Amendment 724 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point b
Article 3ga – paragraph 1 – point b
(b) 45 % of verified emissions reported for 20247;
Amendment 729 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point c
Article 3ga – paragraph 1 – point c
(c) 70 % of verified emissions reported for 20258;
Amendment 733 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point d
Article 3ga – paragraph 1 – point d
(d) 100 % of verified emissions reported for 20269 and each year thereafter.
Amendment 744 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 20236, 20247 and 20258, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 755 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gd a (new)
Article 3gda Maritime Transition Fund The Commission shall propose the establishment of a dedicated Maritime Transition Fund (MTF) in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in EU maritime sector. 50 % of the revenues generated from the auctioning of allowances referred to in Article 3g shall be allocated to this Fund. The dedicated Fund shall operate in shared management with the Member States under Regulation (EU) 2021/1060 of the European Parliament and of the Council and it shall support the transition to energy efficient and climate resilient EU maritime sector supporting the deployment of sustainable alternative fuels, development of innovative technologies and infrastructure for decarbonising the sector, production, including systems for collection of raw materials, investments in research and development and first industrial application of technologies and designs reducing greenhouse gas emissions. The Fund shall aim at a geographical balanced support of the sectors covered, taking into account specific sectoral circumstances and investment needs. The allocation of the MTF resources for each Member State shall take into consideration the impact of the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC on the sector as well as national specificities such as overall economic prosperity, structural weaknesses and required measures to achieve the targets as set out in this proposal for a directive. The resources of the Maritime Transition Fund shall not be generated through reallocation of resources from any other EU policies, funds or programmes.
Amendment 772 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport to ensure a global approach. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate in order to align EU legislation with measures taken on the global level.
Amendment 776 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
Article 3ge – paragraph 2
2. The Commission shall monitor and evaluate the implementation of this Chapter and, possible trends as regards companies seeking to avoid being bound by the requirements of this Directivend adverse impacts as regards, inter alia, the competitiveness of the EU maritime sector and companies seeking to avoid being bound by the requirements of this Directive through annual reports analysing market distortions and deterioration of level playing field of the maritime sector. Among analysed trends, the Commission shall analyse changes in transhipment calls being made on ports in the Union, number of voyages coming from neighbouring ports and port calls from feeder vessels and overall changes in port traffic in the EU ports among others. If appropriate, the Commission shall propose measures to prevent such avoidancepossible adverse impacts.
Amendment 778 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2 a (new)
Article 3ge – paragraph 2 a (new)
2a. No later than by 31 December two years after the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in the labour market, transport freight rates, household purchasing power and the magnitude of carbon leakage among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global greenhouse gas emissions reduction and preserve a level- playing field.
Amendment 782 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2 b (new)
Article 3ge – paragraph 2 b (new)
2b. In 202X (one year after first phase-in of the ETS for maritime), the Commission shall prepare a report on the development of import and export costs in form of indirect costs stemming from shipping for European manufacturing with particular focus on commodities traded at global reference prices. On this basis, the Commission shall propose Member States to adopt financial measures in line with the second and fourth subparagraphs of Article 10a(6) in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to indirect costs that are actually incurred from additional transport costs passed on in maritime freight prices for the import or export of products, precursors, raw materials and commodities. These financial measures shall be in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market.
Amendment 815 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment]2029, the Union-wide quantity of allowances shall be deincreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 millionnumber corresponding to scope of application to maritime transport activities as set out in Article 3g of Directive 2003/87/EC] allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %[XX] %, calculated to reduce the overall cap in view of reaching the 2030 target. The Commission shall publish the Union- wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 829 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a
Article 10 – paragraph 1 – subparagraph 3a
In addition, 2,54 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1,5% of the total quantity of allowances from the amount above 400 million allowances set aside in the Market Stability Reserve for the purpose of the Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1,5% of the total quantity of allowances between ... [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in the Market Stability Reserve for the purpose of the Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
Amendment 846 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 –introductory part
Article 10 – paragraph 3 –introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget and revenues transferred to Maritime Transition Fund in accordance with Article 3gda. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:;
Amendment 854 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1– point a a (new)
Article 10 – paragraph 3 – subparagraph 1– point a a (new)
(ba) in paragraph 3, first subparagraph, the following point is inserted: “(aa) to facilitate the green transition through reinvesting the proceeds of the auctioning in the sector where the revenues come from to induce innovation and technological development, assist with the first industrial application, develop further support mechanisms and create necessary infrastructure;”
Amendment 869 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point f
Article 10 – paragraph 3 – subparagraph 1 – point f
(ba) in paragraph 3, first subparagraph, point (f) is replaced by the following: “(f) to encourage a shift to low- emission and public forms of transport;, including the development of passenger and freight rail transport;”
Amendment 872 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 - point f a (new)
Article 10 – paragraph 3 – subparagraph 1 - point f a (new)
Amendment 882 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point h
Article 10 – paragraph 3 – subparagraph 1 – point h
(h) measures intended to improve energy efficiency, district heating systems and insulation, or to provide financial support in order to address social aspects in lower- and middle-income households, as well as SMEs and microenterprises, including by reducing distortive taxes;;
Amendment 907 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 1
Article 10 – paragraph 4 – subparagraph 1
4. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the timing, administration and other aspects of auctioning, including the modalities for the transfer of a share of revenues to the Union budget, and the Maritime Transition Fund in order to ensure that it is conducted in an open, transparent, harmonised and non- discriminatory manner.
Amendment 1183 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products and processes substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport, including for refuelling and recharging infrastructure in ports, connection to electricity grid and other energy infrastructure, and first industrial application to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation and road transport; further development of the railway system and local public transport addressing both the physical and digital infrastructure and fleets. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 1195 #
In addition, the Innovation Fund shall support actions to promote the transition to an energy efficient and climate resilient EU maritime sector supporting the deployment of sustainable alternative fuels, development of innovative technologies and infrastructure for decarbonising the sector.
Amendment 1204 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4 a (new)
Article 10a – paragraph 8 – subparagraph 4 a (new)
The Innovation Fund shall aim at a geographical balanced support of the sectors covered, taking into account specific sectoral circumstances and investment needs, in particular in the sectors covered by Article 3g and Chapter IVa.
Amendment 1248 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
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, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from tThe Modernisation Fund shall be provided to energy generation facilities that use fossil fuel support to transitional fuels and technologies.”;
Amendment 1285 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f a (new)
Article 10d – paragraph 2 – point f a (new)
(fa) investments in the deployment of alternative fuels infrastructure
Amendment 1309 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc. Shipping companies may surrender fewer allowances on the basis of ships’ ice class or navigation in ice or both. By 31 December 2022, the Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive by establishing a methodology for calculating there adjusted quantity of allowances to be surrendered by shipping companies on the basis of ships’ ice class or navigation in ice or both.
Amendment 1317 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 1 a (new)
Article 12 – paragraph 3 – subparagraph 1 a (new)
Without prejudice to Article 3gc, ice- classed vessels shall be subject to a method for surrendering and an adjusted number of allowances that takes into consideration adverse navigation conditions.
Amendment 1321 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 1324 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2 b (new)
Article 12 – paragraph 3 – subparagraph 2 b (new)
By 31 December 2025 [year previous to first reporting year referred to in Article 3ga], the Commission shall adopt delegated acts pursuant to Article 23 to supplement this Directive concerning the method for surrendering an adjusted number of allowances for ice-classed vessels, including the methodology for determining adjustments on the basis of technical characteristics that increase emissions of ice-classed ships during their navigation and the corresponding requirements for shipping companies intending to make use of such adjustments. To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 1418 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a – title
Chapter IV a – title
EMISSIONS TRADING SYSTEM FOR BUILDINGS AND ROAD TRANSPORT
Amendment 1433 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 b – paragraph 2 – point b
Article 30 b – paragraph 2 – point b
(b) the type of fuels it releases for consumption and which are used for combustion in the buildings and road transport sectors as defined in Annex III and the means through which it releases those fuels for consumption;
Amendment 1497 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 f – paragraph 4
Article 30 f – paragraph 4
4. Member States shall ensure that the regulated entities are able to identify and document reliably and accurately per type of fuel, the precise volumes of fuel released for consumption which are used for combustion in the buildings and road transport sectors as identified in Annex III, and the final use of the fuels released for consumption by the regulated entities. The Member States shall take appropriate measures to avoid any risk of double counting of emissions covered under this Chapter and the emissions under Chapters II, IIa and III. Detailed rules for avoiding double counting shall be adopted in accordance with Article 14(1).
Amendment 1506 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 1
Article 30 h – paragraph 1
1. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than twice the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 50 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 1513 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2
Article 30 h – paragraph 2
2. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than three times the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 150 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 1531 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 i – paragraph 1 a (new)
Article 30 i – paragraph 1 a (new)
The Commission shall consider possible amendments to this Directive with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum.
Amendment 1558 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 400 million allowances shall no longer be validbe set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor. Any further increase of the Modernisation Fund and the Innovation Fund shall not be generated through reallocation of resources from any other EU policies, funds or programmes.
Amendment 1579 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a – title
Article 1 a – title
Operation of the Market Stability Reserve for the buildings and road transport sectors
Amendment 1608 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point -a (new)
Article 3 – paragraph 1 – point 4 – point -a (new)
Regulation (EU) 2015/757
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 1612 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point -a a (new)
Article 3 – paragraph 1 – point 4 – point -a a (new)
Regulation (EU) 2015/757
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
(-aa) in Article 6, the following paragraph is inserted: “4a. Companies may also monitor information relating to the ship's ice class and to navigation through ice, where applicable. For shipping companies aiming to surrender fewer emission allowances on the basis of navigation in ice conditions under Directive 2003/87/EC monitoring shall include information on the voyage involving navigation in ice.”;
Amendment 1613 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point –a b (new)
Article 3 – paragraph 1 – point 4 – point –a b (new)
Regulation (EU) 2015/757
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
(-ab) in Article 6, the following paragraph is inserted: “4b. By way of derogation from paragraph 1 of this Article and without prejudice to Article10, a company shall be exempt from the obligation to monitor the information referred to in paragraph 1 of this Article on a per-voyage basis in respect of a specified ship for the voyages to which it forfeits the right to surrender fewer emission allowances on the basis of the navigation in ice under Directive 2003/87/EC., if:”;
Amendment 1625 #
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 2
Article 10 – paragraph 2
(6a) in Article 10, the second paragraph is replaced by the following: “Companies may monitor information relating to the ship's ice class and to navigation through ice, where applicable. For shipping companies aiming to surrender fewer emission allowances on the basis of ships’ ice class or navigation in ice or both under Directive 2003/87/EC the monitoring shall include aggregated CO2 emissions from all voyages that involved navigating in ice conditions and total distance travelled during voyages that involved navigating in ice conditions.”;