61 Amendments of Massimo PAOLUCCI related to 2015/0148(COD)
Amendment 91 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is important that the EU ETS, despite being the Union's primary tool for achieving the Union’s long-term climate and energy targets, should be complemented by equivalent additional actions taken in other legal acts and instruments dealing with greenhouse gas emissions from sectors not covered by the EU ETS, in order to honour the agreed commitment that all sectors of the economy contribute to the fulfilment of the target of reducing the overall greenhouse gas emissions of the Union by at least 40% below 1990 levels by 2030.
Amendment 94 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Council confirmed that a well-functioning, reformed EU ETS with an instrument to stabilise the market will be the main European instrument to achieve this target, with an annual reduction factor of 2.2% from 2021 onwards, free allocation not expiring but existing measures continuing temporarily after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies, without reducing the share of allowances to be auctioned. The auction share should be expressed as a percentage figure in the legislation, to enhance planning certainty as regards investment decisions, to increase transparency and to render the overall system simpler and more easily understandable. However, in order to reflect the Paris Agreement, it is essential that the Union, as part of the international community, increases its efforts and commitment with a view to limiting the increase in the global average temperature to well below 2°C above pre- industrial levels as well as to pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, and therefore the annual reduction factor in the Phase IV of the EU ETS should increase to at least 2.4% by 2021.
Amendment 98 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Union has both the responsibility and capability to act in a vigorous and cost-effective manner to mitigate climate change and honour the Paris Agreement to limit the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels. The environmental and socio- economic benefits for the Union to increase its efforts to mitigate climate change by far outweigh the costs which will inevitably incur for the Union if it fails to take sufficient action.
Amendment 114 #
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 leakage is a justification to temporarily postpone full transition, and precisely targeted free allocation of allowances to industry is a justified exception from the principle that the polluter should pay only as long as no over-allocation occurs, in order to address genuine risks of increases in greenhouse gas emissions in 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.
Amendment 120 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the temporary exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 57% over the period 2013-2020, should not be reduced and should increase to 100% over time. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States, including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/…1814 of the European Parliament and of the Council19 . __________________ 18 SECWD(2015)XX135 19 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 […], […], p. […]). 264, 9.10.2015, p. 1).
Amendment 137 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to make the EU ETS fit for the purpose of reducing emissions while stimulating low-carbon production and investments in phase IV, more stringent earmarking is necessary. Unless otherwise specified in this Directive, Member States should thus spend 100% of the auction revenues on climate actions listed in this Directive, and undertakings receiving allocations exceeding the actual size of their emissions should use these resources exclusively for investments in the decarbonisation of their production.
Amendment 143 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiawilly compensate, in accordance with state aid rulesthrough a centralised arrangement at Union’s level, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. A harmonised system will therefore avoid competitive distortions between Members States. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 153 #
Proposal for a directive
Recital 10
Recital 10
(10) The main long-term incentive from this Directive for the capture and storage of CO2 (CCS), new renewable energy technologiesnew renewable energy technologies, capture and storage of CO2 (CCS) 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 facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS 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 159 #
Proposal for a directive
Recital 11
Recital 11
(11) A Modernisation Fund should be established from 2% of the total EU ETS allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Regulation 1031/2010. Member States who in 2013 had a GDP per capita at market exchange rates of below 60% below the Union average should be eligible for funding from the Modernisation Fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector in line with the Union 2030 and 2050 climate and energy goals, while avoiding distortions of the internal energy market. The rules for governing the Modernisation Fund should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants. The function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds. That governance structure should be composed of an investment board and a management committeeadvisory board and due account should be taken of the expertise of the EIB in the decision-making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the Modernisation Fund. Investments financed from the fund should be proposed by the Member States. To ensure that the investment needs in low income Member States are adequately addressed, the distribution of funds will take into account in equal shares verified emissions and GDP criteria. The financial assistance from the Modernisation Fund could be provided through different forms.
Amendment 168 #
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 €10 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 list of projects, both selected and non-selected projects, should be made available to the public. Investments with a value of less than €10 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. The public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation.
Amendment 170 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) To increase the environmental benefits of emissions reductions in the Union without causing undesired social effects, financial support should be given to regions and sectors which depend on carbon-intensive activities, so as to enable a just and fair transition to a Union low- carbon society. The impact of the energy transition on such regions and sectors should be better assessed and taken into account, especially considering the future of those workers who will be affected by the transition to a Union low-carbon society.
Amendment 172 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 178 #
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
(-1) In Article 2, paragraph 1 is replaced by the following: '1. This Directive shall apply to emissions from the activities listed in Annex I and greenhouse gases listed in Annex II. Emissions from maritime transport shall be covered by the scope of this Directive as set out in Chapter IVa.'
Amendment 194 #
Proposal for a directive
Article 1 – point -1 j (new)
Article 1 – point -1 j (new)
Directive 2003/87/EC
Article 3 d – paragraph 2
Article 3 d – paragraph 2
(-1j) In Article 3d, paragraph 2 is replaced by the following: '2. From 1 January 2013, 15 21, 50% of allowances shall be auctioned. This percentage may be increased as part of the general review of this Directive.'
Amendment 198 #
Proposal for a directive
Article 1 – point 1 a (new)
Article 1 – point 1 a (new)
Directive 2003/87/EC
Article 3 d – paragraph 4 – subparagraph 1
Article 3 d – paragraph 4 – subparagraph 1
Amendment 209 #
Proposal for a directive
Article 1 – point 2 f (new)
Article 1 – point 2 f (new)
Directive 2003/87/EC
Article 6 – paragraph 2 – points e a and e b (new)
Article 6 – paragraph 2 – points e a and e b (new)
(2f) In Article 6 (2), the following points are added: '(ea) all legal requirements on social responsibility and reporting in order to ensure equal and effective implementation of environmental regulations and ensure that competent authorities and stakeholders, including workers' representatives, representatives of civil society and local communities, have access to all relevant information (as laid down in the Aarhus Convention and implemented in Union and national law, including Directive 2003/87/EC); (e b) an obligation to publish every year comprehensive information in respect of combating climate change and compliance with Union directives in the field of environment, health and safety at work; this information shall be accessible to workers' representatives and to the representatives of civil society from local communities in the vicinity of the installation.'
Amendment 210 #
Proposal for a directive
Article 1 – point 2 g (new)
Article 1 – point 2 g (new)
Directive 2003/87/EC
Article 7
Article 7
Amendment 217 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/87/EC
Article 9 – paragraphs 2 and 3
Article 9 – paragraphs 2 and 3
Starting in 2021, the linear factor shall be 2.24%.
Amendment 223 #
Proposal for a directive
Article 1 – point 3 a (new)
Article 1 – point 3 a (new)
Directive 2003/87/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
(3a) In Article 9, the following third paragraph is added: 'Prior to setting the cap for a Phase, the Commission shall identify and quantify the impact of Union and national policies that lead to GHG emission reductions in sectors covered by the EU ETS, in order to assess their implications on the level of demand for allowances. A report shall be transmitted to the European Parliament and to the Council well in advance before the start of a new Phase, with a view to setting the appropriate baseline for the EU ETS cap before the start of each Phase, and ensuring a central role for the EU ETS. The cap shall be set at the beginning of each Phase, to signal the overall target level of scarcity.'
Amendment 226 #
Proposal for a directive
Article 1 – point 3 b (new)
Article 1 – point 3 b (new)
Directive 2003/87/EC
Article 9 – paragraph 3 b (new)
Article 9 – paragraph 3 b (new)
(3b) In Article 9, the following fourth paragraph is added: 'Consistently with long term goals agreed at international level and with the timing foreseen in the Paris Agreement, the Union shall review its level of ambition in the context of global mitigation efforts following periodical global stocktake of nationally-determined contributions. Where the increase in the level of climate ambition in the Union leads to greater ambition in the EU ETS, then any tightening of the EU ETS shall take place with sufficient notice before auctioning volumes in any given year can be changed.'
Amendment 236 #
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 57% with a view to increase to 100% after 2030.
Amendment 254 #
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
Up to 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain Member Statesharmonised compensation scheme as set out in Article 10da, paragraph 6, of this Directive (“the Modernisation Fund”).
Amendment 259 #
Proposal for a directive
Article 1 – point 4 – point b – point ii
Article 1 – point 4 – point b – point ii
Directive 2003/87/EC
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
'(b) 10% of the total quantity of allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and grset aside for the creation of a Just Transition Fund as a complement to the European Regional Development Fund and the European Social Fund. The revenues of these auctions shall remain at the Union level, with the goal to use them for cushioning the social impact of the climate policies required in order to enable the necessary transition to a low- carbon society in regions which combine a high share of workers in carbon- dependent sectors and a GDP per capita well below th within the Community, thereby increasing the amount of allowances that those Member States auce Union-average. These auctioning revenues aimed at just transition shall be used in one or several of the following ways, while fully complying with the fundamental rights of non-discrimination and gender-equality: - creating redeployments and/or mobility cells; - education/training initiatives to re- skill or upskill workers; - support in job search, including paid time-off to search for jobs; - social protection measures; - subsistence allowances; - business creation; and - monitoring and pre-emptive measures to avoid or minimise the negative impact of restructuring process on physical and mental health. The core activities to be financed by the Just Transition Funder point (a) by the percentages specified in Annex IIa."; and' are strongly related to the labour market and therefore social partners shall be actively involved in the fund management – on the model of the ESF committee – and the participation of local social partners shall be a key requirement for projects to receive funding.'
Amendment 264 #
Proposal for a directive
Article 1 – point 4 – point b b (new)
Article 1 – point 4 – point b b (new)
Amendment 276 #
Proposal for a directive
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point j
Article 10 – paragraph 3 – point j
Amendment 278 #
Proposal for a directive
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point j
Article 10 – paragraph 3 – point j
Amendment 290 #
Proposal for a directive
Article 1 – point 4 – point d a (new)
Article 1 – point 4 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 4 a (new)
Article 10 – paragraph 4 – subparagraph 4 a (new)
(da) In paragraph 4, the following subparagraph is added: 'If Member States decide on national measures for early closure of electricity generation capacity, Member States shall report this to the Commission and other Member States, and may retire a share of the auctioning volume with a level equal to the related emissions.'
Amendment 294 #
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. The report shall address the interaction of the EU ETS and other climate-energy policies at the Union and national levels, and shall transparently analyse the implications of various policies on the level of demand for EU ETS allowances and its consequences on the supply- demand balance in the carbon market as well as the compliance with the Union's 2030 and 2050 climate and energy goals. 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 300 #
Proposal for a directive
Article 1 – point 4 – point d e (new)
Article 1 – point 4 – point d e (new)
Directive 2003/87/EC
Article 10 – paragraph 5 b (new)
Article 10 – paragraph 5 b (new)
(de) the following paragraph is added: '5b The Commission shall publish every two years a report on the pass- through of the costs of allowances in the product prices. This shall be done for the sectors and subsectors for which the Commission finds that there are good reasons to assess whether a non- negligible share of pass-through is possible, also in relation to the evolution of their market shares.'
Amendment 302 #
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 new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operationchanges. Any 10% increase or decrease in production expressed as a rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11 shall be adjusted with a corresponding amount of allowances by placing allowances into and releasing allowances from the reserve referred to in paragraph 7.
Amendment 318 #
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 and calculated 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% ofthat has occurred since the period 2007 to 2008. This calculation shall review the benchmark values set by the act adopted pursuant to this Article based on verified data collected in accordance with Article 11(1) and increase the number of product benchmarks as much as possible, in order to reduce the application of fall back approaches to a minimum. Where the vcalue 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:culation of product benchmarks is not feasible and fall back approaches still represent the allocation method, rules to prevent perverse incentives deriving from activity level reduction linked to energy efficiency improvement shall be developed.
Amendment 380 #
Proposal for a directive
Article 1 – point 5 – point d
Article 1 – point 5 – point d
Directive 2003/87/CE
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Amendment 394 #
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Amendment 408 #
Proposal for a directive
Article 1 – point 5 – point e a (new)
Article 1 – point 5 – point e a (new)
Directive 2003/87/EC
Article 10a – paragraph 7 a (new)
Article 10a – paragraph 7 a (new)
(ea) the following paragraph is inserted after paragraph 7: '7a. In the event that installations in the sectors and sub-sectors concerned by paragraph 1 of Article 10b are entitled to an amount of free allowances which exceeds their actual production, these excess allowances shall be exclusively dedicated to low carbon investment in the installations belonging to the same sector or sub-sector during the whole fourth trading period, in accordance with points b, e, g and l of article 10(3), as well as with the rules for public investments financed by free allocations in paragraphs 2 and 3 of article 10c ; the assets coming from the free allocations' monetisation during the fourth trading period have to be paid or engaged for low carbon investments at the latest 31 December 2030. A balance shall be made two times during the fourth trading period, in 2025 and 2030, with a possibility of sanctions under Article 16.'
Amendment 412 #
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
Amendment 414 #
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
Amendment 443 #
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 4
Article 10a – paragraph 8 – subparagraph 4
The Commission ishall be empowered to adopt a delegated act in accordance with Article 23. to supplement this directive, taking due account of the following principles: - Projects shall focus on research and innovation for the design and development of breakthrough solutions and implementation of demonstration programmes, including in real industrial environments; - Projects shall deliver ambitious reductions in specific greenhouse gas emission intensity of at least 20%, with respect to the best available technologies; - The activities shall run close-to- market in production plants to demonstrate the viability of breakthrough technologies in overcoming the technological as well as non- technological barriers; - Projects shall address technological solutions that can have widespread applications and may combine different technologies; - Solutions and technologies shall ideally have the potential to be transferred within the sector and possibly to other sectors.
Amendment 466 #
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 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 492 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices, and shall not be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 508 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4 a (new)
Article 10b – paragraph 4 a (new)
4a. Free allocations distributed to the industrial sectors concerned by paragraph 1 and 2 constitute a temporary adaptation measure for the modernisation of the Union energy intensive industries until 2030. After Phase IV, all allocations shall be auctioned.
Amendment 519 #
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 productiongenerators for the modernisation and diversification of the energy sector. This derogation shall end after 2030.
Amendment 543 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1– point b
Article 10c – paragraph 2 – subparagraph 1– point b
(b) ensure that only projects which contribute to the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production, including district heating, transmission and distribution sectors are eligible to bid;
Amendment 550 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point c – point i
Article 10c – paragraph 2 – subparagraph 1 – point c – point i
(i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions, while fully complying with Annexes I and II of the European Investment Bank Climate Strategy;
Amendment 557 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1– point c – point iii b (new)
Article 10c – paragraph 2 – subparagraph 1– point c – point iii b (new)
(iiib) do not contribute to any coal-fired energy generation capacity nor increase coal-dependency.
Amendment 597 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2 a (new)
Article 10d – paragraph 1 – subparagraph 2 a (new)
The investments supported shall follow the same criteria as set out in Article 10c, in particular: (i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emissions reduction and realise a pre-determined significant level of CO2 reductions, in line with Annexes I and II of the European Investment Bank Climate Strategy; (ii) are additional, clearly respond to replacement and modernisation needs and do not supply a market-driven increase in energy demand and were not included in the national investment plan for the third trading period; (iii) offer best value for money; (iv) promote community-driven integrated approaches; (v) do not contribute to any coal-fired energy generation capacity nor increase coal-dependency;
Amendment 603 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 2
Article 10d – paragraph 2
2. The fund shall also finance small- scale investment projects in the modernisation of energy systems and energy efficiency. To this end, the investment board shall develop guidelines and investment selection criteria specific to such projects in line with the objectives of the fund and with the criteria set in paragraph 1 of this Article.
Amendment 606 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 2
Article 10d – paragraph 2
2. The fund shall also finance small- scale investment projects in the modernisation of energy systems and energy efficiency. To this end, the investmentadvisory board shall develop guidelines and investment selection criteria specific to such projects.
Amendment 608 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 3
Article 10d – paragraph 3
3. The funds shall be distributedEIB is responsible for the monetisation of the 2% allowances referred to in Article 10 in equal volumes each year for the period between 2021 and 2030. The monetisation calendar shall be defined in consultation with the beneficiary Member States. The funds shall be distributed among the beneficiary Member States based on a combination of a 50% share of verified emissions and a 50% share of GDP criteria, leading to the distribution set out in Annex IIb.
Amendment 612 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 3 a (new)
Article 10d – paragraph 3 a (new)
3a. Any beneficiary Member State which has decided to grant transitional free allocation pursuant to Article 10c may transfer those allowances to its share of the Modernisation Fund set out in Annex IIb and allocate them pursuant to the provisions of Article 10d.
Amendment 615 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 1
Article 10d – paragraph 4 – subparagraph 1
The fund shall be governed by an investment board and a management committee, which shall beadvisory board chaired by the beneficiary Member States and the EIB. The advisory board is composed of representatives from the beneficiary Member States, the Commission, the EIB and three representatives elected by the other Member States for a period of 5 years. The investmentadvisory board shall be responsible to determine afor the elaboration of guidance in relation to the objectives of an Union-level investment policy with regard to this fund, appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day-to-dathe role of national financing institutions as well as investment selection criteria, based on criteria established in article 10c paragraph 2, the technological neutrality of projects, coherence with the 2030 policy objectives, respecting specific circumstances of the beneficiary Member States as well as transparency management of the fundd accuracy in the selection process. Separate guidance, covering the selection criteria, the role of national institutions and available financing instruments, shall be developed for small-scale investment projects.
Amendment 628 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 2
Article 10d – paragraph 4 – subparagraph 2
The investment board shall elect a representative from the Commission as chairman. The investmentadvisory board shall strive to take decisions by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majority.
Amendment 633 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 3
Article 10d – paragraph 4 – subparagraph 3
Amendment 645 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 5 – introductory part
Article 10d – paragraph 5 – introductory part
5. The beneficiary Member States shall report annually to the management committeeadvisory board on investments financed by the fund. The report shall be made public and include:
Amendment 649 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 6
Article 10d – paragraph 6
6. Each year, the management committeeadvisory board shall report to the Commission and the European Parliament on experience with the evaluation and selection of investments. The Commission shall review the basis on which projects are selected by 31 December 2024 and, where appropriate, make proposals to the management committeeadvisory board.
Amendment 674 #
Proposal for a directive
Article 1 – point 11
Article 1 – point 11
Directive 2003/87/EC
Article 13
Article 13
Allowances issued from 1 January 2013 onwards shall be valid indefinitely. Allowances issued from 1 January 2021 onwards shall include an indication showing in which ten-year period beginning from 1 January 2021 they were issued, and be valid for emissions from the first year of that period onwards. Any allowances stored in the MSR shall cease to be valid after the end of the trading period in which they entered the reserve.
Amendment 681 #
Proposal for a directive
Article 1 – point 15 a (new)
Article 1 – point 15 a (new)
Directive 2003/87/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
(15a) in Article 21, paragraph 1 is replaced by the following: '1. Each year the Member States shall submit to the Commission a report on the application of this Directive. That report shall pay particular attention to the arrangements for the allocation of allowances, financial measures pursuant to Article 10a(6), the operation of registries, the application of the implementing measures on monitoring and reporting, verification and accreditation and issues relating to compliance with this Directive and on the fiscal treatment of allowances, if any. The first report shall be sent to the Commission by 30 June 2005. The report shall be drawn up on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Article 6 of Directive 91/692/EEC. The questionnaire or outline shall be sent to Member States at least six months before the deadline for the submission of the first report.
Amendment 683 #
Proposal for a directive
Article 1 – point 15 b (new)
Article 1 – point 15 b (new)
Directive 2003/87/EC
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
(15b) In Article 21, the following paragraph is inserted: ‘2 a. The report shall, using data provided through the cooperation referred to in Article 18b, include a list of operators subject to the requirements of this Directive who have not opened a registry account.’.
Amendment 696 #
Proposal for a directive
Article 1 – point 22
Article 1 – point 22
Directive 2003/87/EC
Article 25a – paragraph 1 – subparagraph 2
Article 25a – paragraph 1 – subparagraph 2
Where necessary, the Commission may adopt amendmentssubmit a legislative proposal to the European Parliament and Council to provide for flights arriving from the third country concerned to be excluded from the aviation activities listed in Annex I or to provide for any other amendments to the aviation activities listed in Annex I which are required by an agreement pursuant to the fourth subparagraph. The Commission shall be empowered to adopt such amendments in accordance with Article 23.
Amendment 709 #
Proposal for a directive
Article 1 – point 22 e (new)
Article 1 – point 22 e (new)
Directive 2003/87/EC
Article 29
Article 29
(22e) Article 29 is amended as follows: 'Report to ensure the better functioning of the carbon market If, on the basis of the regular reports on the carbon market referred to in Article 10(5), the Commission has evidence that the carbon market is not functioning properly, it shall submit a report to the European Parliament and to the Council. The report shall include a section dedicated to the interaction between the EU ETS and other Union and national policies, as regards the volumes of emission reductions and the cost-effectiveness of such policies. The report may be accompanied, if appropriate, by proposals aiming at increasing transparency of the carbon market, and addressing measures to improve its functioning and capacity to contribute to reaching the Union's 2030 and 2050 climate and energy goals.'
Amendment 713 #
Proposal for a directive
Article 1 – point 22 f (new)
Article 1 – point 22 f (new)
Directive 2003/87/EC
Article 30 a (new)
Article 30 a (new)
(22f) The following Article is inserted: 'Article 30a Adjustments upon global stocktake under the UNFCCC and the Paris Agreement Within six months of the facilitative dialogue to be convened under the UNFCCC in 2018 to take stock of the collective efforts of Parties in relation to progress towards the global long-term goal, and within six months of the global stocktake in 2023 and subsequent global stocktakes thereafter, the Commission shall submit a report assessing the need to update and enhance the Union's climate action. The report shall be accompanied by legislative proposals, as appropriate. In its report, the Commission shall assess in particular the appropriate further increase of the linear factor beyond 2.4%, referred to in Article 9, and the necessity for additional policies and measures enhancing the greenhouse gas reduction commitments of the Union and of Member States. The Commission shall also assess the carbon leakage provisions so as to reflect the development of carbon pricing mechanisms outside the Union, with a view to reduce further temporary free allocation in line with the objective to end free allocation by the completion of phase IV.'
Amendment 716 #
Proposal for a directive
Article 1 – point 22 g (new)
Article 1 – point 22 g (new)
Directive 2003/87/EC
Chapter IV a (new)
Chapter IV a (new)