30 Amendments of Jens GIESEKE related to 2015/0148(COD)
Amendment 88 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) In line with the Agreement adopted in Paris at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change of 12 December 2015 (the 'Paris Agreement'), all sectors of the economy should contribute to the reduction of CO2 emissions. To this end, efforts to limit international maritime emissions through the International Maritime Organisation (IMO) are under way and should be encouraged, with the aim of establishing a clear IMO action plan for climate policy measures to tackle CO2 emissions from shipping at a global level. Therefore, the Commission and Member States should focus on ensuring the implementation of Regulation (EU)2015/757 of the European Parliament and of the Council1a and its alignment with an international data-collection system, which is a prerequisite for any market- based measure, efficiency standard or other measure, whether applied at Union level or globally. __________________ 1a Regulation (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).
Amendment 113 #
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone fullsuch a transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in global greenhouse gas emissions inand diversion of investments to third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies. Additional achievements in sectors not falling under the scope of the EU ETS and not subject to a risk of carbon leakage, in particular in the building sector and sustainable transport, will decrease the amount of effort needed from the Union’s industry.
Amendment 152 #
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for thecarbon capture and storage of CO2(CCS) and carbon capture and use (CCSU), new renewable energy technologies and breakthrough innovation in low-carbon technologies and processes is the carbon price signal it creates and that allowances will not need to be surrendered for CO2 emissions which are permanently stored or avoided. In addition, to supplement the resources already being used to accelerate demonstration of commercial CCS and CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS and CCU facilities, new renewable energy technologies and industrial innovation in low-carbon technologies and processes in the Union for CO2 stored or avoided on a sufficient scale, provided an agreement on knowledge sharing is in place. The majority of this support should be dependent on verified avoidance of greenhouse gas emissions, while some support may be given when pre-determined milestones are reached taking into account the technology deployed. The maximum percentage of project costs to be supported may vary by category of project.
Amendment 164 #
Proposal for a directive
Recital 12
Recital 12
(12) The European Council confirmed that the modalities, including transparency, of the optional free allocation to modernise the energy sector in certain Member States should be improved. Investments with a value of €1EUR 20 million or more should be selected by the Member State concerned through a competitive bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the Energy Union objectives. The cogeneration of heat and power (CHP) should also be eligible for the optional free allocation to modernise the energy sector or in the case of electricity consumed by industry which is produced by high-efficiency industrial CHP plants. Use of high-efficiency CHP allows industry to achieve industrial self- support in terms of energy with CHP- produced electricity. Investments with a value of less than €1EUR 20 million should also be eligible for funding from the free allocation. The Member State concerned should select such investments based on clear and transparent criteria. The results of this selection process should be subject to public consultation and the results should be made available to the public. The public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation.
Amendment 173 #
Proposal for a directive
Recital 14
Recital 14
(14) The existing provisions which are in place for small installations to be excluded from the EU ETS allow the installations which are excluded to remain so, and it should be made possible for Member States to update their list of excluded installations and for Member States currently not making use of this option to do so at the beginning of each trading period. Member States should ensure that alternative measures for installations that have opted out do not result in higher compliance costs. For small emitters covered by the EU ETS, monitoring, reporting and verification requirements should be simplified for such installations.
Amendment 183 #
Proposal for a directive
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 2003/87/EC
Article 3 – point u b (new)
Article 3 – point u b (new)
(-1d) In Article 3, the following point is added: '(ub) “small emitter” means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year;'
Amendment 243 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 5744%.
Amendment 245 #
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
2% of the total quantity of allowances to be auctioned between 2021 and 2030 shall be auctionedmade available from the auctioning volume to establish a fund to improve energy efficiency and modernise the energy systems of certain Member States as set out in Article 10d of this Directive (“the Modernisation Fund”).
Amendment 296 #
Proposal for a directive
Article 1 – point 4 – point d c (new)
Article 1 – point 4 – point d c (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
(dc) paragraph 5 is replaced by the following: '5. The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market including the implementation of the auctions, liquidity and the volumes traded. In its monitoring report, the Commission shall give particular attention to the risk of carbon and investment leakage. The report shall also address the interaction between the EU ETS, non-ETS and other climate and energy measures at Union and national level, and shall analyse the effects of various policy instruments on the level of demand for Union allowances and its consequences on the supply- demand balance in the carbon market. The Commission shall calculate the equivalent number of allowances for closures that are reported by Member States. If necessary, Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.'
Amendment 305 #
Proposal for a directive
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
The Commission ishall be empowered to adopt a delegated act in accordance with Article 23 to supplement this directive. This act shall also provide for additional allocation from the amount established in accordance with paragraph 5 for complementing free allocation for the application of paragraph 7 and from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation.
Amendment 309 #
Proposal for a directive
Article 1 – point 5 – point a a (new)
Article 1 – point 5 – point a a (new)
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
(aa) In paragraph 1, subparagraph 3 is replaced by the following: 'The measures referred to in the first subparagraph shall, to the extent feasible, determine CommunityUnion-wide ex-ante benchmarks so as to ensure that allocation takes place in a manner that provides incentives for reductions in greenhouse gas emissions and energy efficient techniques, by taking account of the most efficient techniques, substitutes, alternative production processes, high efficiency cogeneration, efficient energy recovery of waste gases, use of biomass and capture and storage of CO2,, CCS and CCU where such facilities are available, and shall not provide incentives to increase emissions. No free allocation shall be made in respect of any electricity production, except for cases falling within Article 10c and, for installations in remote or rural areas for the electricity produced for their own use, for non-grid connected offshore oil and gas platforms as well as electricity produced from waste gases.'
Amendment 323 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – introductory part
Article 10a – paragraph 2 – subparagraph 3 – introductory part
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:e process emission benchmark shall remain unchanged.
Amendment 341 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i
Article 10a – paragraph 2 – subparagraph 3 – point i
Amendment 362 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10 – paragraph 2 – subparagraph 3 a (new)
Article 10 – paragraph 2 – subparagraph 3 a (new)
The conclusions from data collection and the potential adjustment of benchmarks shall to be derived from the evolution in the average performance of the 10% most efficient installations in the Union.
Amendment 373 #
Proposal for a directive
Article 1 – point 5 – point c
Article 1 – point 5 – point c
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordinglycomplemented to the amount needed by allowances from the amount established according to paragraph 7. Any such adjustment shall be done in a uniform manner.
Amendment 386 #
Proposal for a directive
Article 1 – point 5 – point d
Article 1 – point 5 – point d
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Member States shouldall adopt financial measures in favour of sectors or sub- sectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, taking into account any effects on the internal market. Such financial measures to compensate part of these costs shall be in accordance with state aid rules. The compensation shall ensure that costs incurred shall be fully reimbursed.
Amendment 398 #
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1
Article 10a – paragraph 7 – subparagraph 1
Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up to 2020 shall be set aside for new entrants and, for significant production increases, together with 250 million and for the application of paragraph 5. In addition, the allowances placed in the market stability reserve pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*)1814 shall be set aside for this purpose.
Amendment 417 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
400 million allowances shall be available to support, taken from the share of allowances to be auctioned, shall be available to support and leverage investments, using different instruments managed by the European Investment Bank, in innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2CCS and CCU as well as demonstration projects of innovative renewable energy technologies, energy conversion and storage, as well as electric battery development in the territory of the Union.
Amendment 434 #
Proposal for a directive
Article 1 – point 5 – point f
Article 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS, CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 6075% of the relevant costs of projects may be supported, out of which up to 450% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed.
Amendment 445 #
Proposal for a directive
Article 1 – point 5 – point f a (new)
Article 1 – point 5 – point f a (new)
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 5
Article 10a – paragraph 8 – subparagraph 5
(fa) In paragraph 8, subparagraph 5 is replaced by the following: 'Allowances shall be set aside for the projects that meet the criteria referred to in the third subparagraph. Support for these projects shall be given via Member States and shall be complementary to substantial co-financing by the operator of the installation. They could also be co- financed by the Member State concerned, as well as by other instruments. No project shall receive support via the mechanism under this paragraph that exceeds 1520 % of the total number of allowances available for this purpose. These allowances shall be taken into account under paragraph 7. The cancellation of allowances in accordance with paragraph 19 shall be dispensed if the operator applies to take over the production from one or several of his production sites (production transfer into the same company), and he proves in each case up to the 31st of January of one year that the actual increase of the activity rate of that site that has taken over a part of the transferred production amounts to a total of at least 50 % of the annual- average production amount of the whole transferred production of the ceased site in the year 2020. The proof after sentence 1 is to be given for the first time in the following year after the application of the transfer. If the proof necessary after sentence 1 is not given in time, the allocation for the transferred production whose production activity was ceased will be recanted in that amount for the future.'
Amendment 457 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall be deemed to be at high risk of carbon leakage. Such sectors and sub- sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a. To ensure a level playing field for the production of hydrogen and syngas in refineries and chemical plants, hydrogen and syngas shall continue to be deemed to be at the same risk of carbon leakage as the refinery sector.
Amendment 474 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory sentence
Article 10b – paragraph 2 – introductory sentence
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18below 0,2 or their emission intensity exceeds 12 % or their trade intensity exceeds 30% may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 478 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point a a (new)
Article 10b – paragraph 2 – point a a (new)
(aa) Sectors where a large majority of installations belong to small emitters, as defined in Article 27, shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 482 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c a (new)
Article 10b – paragraph 2 – point c a (new)
(ca) the extent to which undertakings operate in two or more sectors which may lead to insufficient data base because data collected in relation to those undertakings are not aligned in terms of the deemed risk of carbon leakage and subsequently a distortion of competition may arise.
Amendment 489 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c e (new)
Article 10b – paragraph 2 – point c e (new)
(ce) price taker, commodities which are traded on worldwide markets for a common reference price.
Amendment 502 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
4. By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4-digit level (NACE-4 codeor activities which are at the relevant level of disaggregation based on public and sector specific data as appropriate (NACE-4 code or Prodcom 6 or 8 codes) as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
Amendment 529 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in €EUR at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity productionelectricity and heat generators, including district heating, for the modernisation of the energy sector.
Amendment 658 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the fivthree years beginning on 1 January 2021 shall be submitted by 30 September 2018, and. The lists for the subsequent fivthree years shall be submitted every five years thereafterby 30 September 2021 and the list for the four last years by 30 September 2024. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the five calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 676 #
Proposal for a directive
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 702 #
Proposal for a directive
Article 1 – point 22 b (new)
Article 1 – point 22 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22b) In Article 27, paragraph 1 is replaced by the following: '1. Following consultation with the operator and subject to its agreement, Member States may exclude from the Community schemeEU ETS installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place and specifying how those measures would not result in higher compliance costs for such installations, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieveare aimed at making an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community schemeEU ETS; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures.'