122 Amendments of Soledad CABEZÓN RUIZ related to 2015/0148(COD)
Amendment 56 #
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 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, those orientations decided by the European Council may not be sufficient to fulfil the EU's commitments taken during the COP21, therefore an annual reduction factor of 2.4% is advisable.
Amendment 60 #
Proposal for a directive
Recital 4
Recital 4
(4) It is a key Union priority to establish a resilient Energy Union to provide secure, sustainable, competitive and affordable energy to its citizens. Achieving this requires continuation of ambitious climate action with the EU ETS as the cornerstone of Europe’s climate policy, and progress on the other aspects of Energy Union17. Implementing the ambition decided in the 2030 framework contributes to delivering a meaningful carbon price and continuing to stimulate cost-efficient greenhouse gas emission reductions. Regrets that the carbon price signal is right now too weak to induce low carbon investment in EU for industries. Whereas the EU is facing a serious investment leakage to third countries, whereas on the other hand a number of undertakings have been pursuing strategies focusing on short-term financial returns at the detriment of innovation, investments in R&D, employment and skills 'renewal; whereas production innovation has a positive effect on employment growth in all phases of the business cycle of industries; whereas involving workers in innovation and strategy definition is the best way to guarantee economic and environmental success. __________________ 17 COM(2015)80, establishing a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy
Amendment 77 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the 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. The Commission's Impact Assessment18 provides details on the auction share and specifies that tshare of allowances to be auctioned should be the 52%. This 572% 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 Council (the 'MSR') 19 . __________________ 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 […], […]264, 9.10.2015, p. […]1).
Amendment 85 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as thea transitional 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. 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/… of the European Parliament and of the Council19 . __________________ 18 SEC(2015)XX SEC(2015)XX 19 Decision (EU) 2015/… of the European Parliament and of the Council of … 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. […]).
Amendment 86 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Notes that the European Union is clear on its intention to maintain its Emissions Trading System (ETS) as the centrepiece of EU climate policy; Observe that the People’s Republic of China announced its plans for a national ETS to start in 2017; Considers that since January 2015, California and Quebec carbon markets have been linked; Emphasized that Korea launched a national ETS in 2015, becoming the first nation-wide trading program in Asia.
Amendment 87 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Whereas the EU industry is facing a race against time in order to regain its global competitiveness and capacity to invest in Europe and hence meet the social and environmental challenges it faces and which it must overcome while remaining a reference for the world in terms of the social and environmental responsibility of its operations;
Amendment 90 #
Proposal for a directive
Recital 7
Recital 7
(7) To preserve the environmental benefit of emission reductions in the Union while actions by other countries do not provide comparable incentives to industry to reduce emissions, free allocation should continue to installations in sectors and sub- sectors at genuine risk of carbon leakage. Experience gathered during the operation of the EU ETS confirmed that sectors and sub-sectors are at risk of carbon leakage to varying degrees, and that free allocation has prevented carbon leakage. While some sectors and sub-sectors can be deemed at a higher risk of carbon leakage, others are able to pass on a considerable share of the costs of allowances to cover their emissions in product prices without losing market share and only bear the remaining part of the costs so that they are at a low risk of carbon leakageThe aim of the free allocation is not to give operational subsidies to the firm but to incentivize and finance investments in mitigation technologies against climate change in the industry. The Commission should determine and differentiate the relevant sectors based on their trade intensity and their emissions intensity to better identify sectors at a genuine risk of carbon leakage. Where, based on these criteria, a threshold determined by at a genuine risk of carbon leakage. Where a certaking into account the respective possibility for sectors and sub-sectors concerned to pass on costs in product priceshold is exceeded, the sector or sub-sector should be deemed at risk of carbon leakage. Others should be considered at a low risk or at no risk of carbon leakage. Taking into account the possibilities for sectors and sub-sectors outside of electricity generation to pass on costs in product prices should also reduce windfall profits.
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 100 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provision should be made for the values of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvement. For reasons of predictability, this should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into account robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a difference from factor reduction of more than 0.5% of the should be determined on the basis of data from the years 20017-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentage. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks2018.
Amendment 110 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Earmarking is a key element in order for ETS Phase IV to finally trigger a virtuous circle. The Member-States should spend at least 80% of the auction revenues on climate actions listed in this Directive, and undertakings which receive free allocations in excess should use this resource exclusively on low carbon investment in the installations.
Amendment 112 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) Considers the necessity of enhanced transparency framework; requires new standards for reporting and review of all nations' climate efforts will provide a foundation for building confidence not only in nations' actions but also for the use of high-integrity carbon markets to drive the deep emissions reductions called for by science.
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 121 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiawilly compensate, in accordance with state aid rulesthrough a centralized arrangement at European 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 in 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 122 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the 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. The Commission's Impact Assessment18 provides details on the auction share and specifies that tshare of allowances to be auctioned should be 52%. This 572% 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 Council (the 'MSR')19 . __________________ 18 SEC(2015)XX 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 […], […]264, 9.10.2015, p. […]1).
Amendment 128 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Whereas the increase of the CO2 price would drive an investment shift to cleaner sources and processes, it has also potentially adverse effects on employment and purchasing power of the European citizens. The EU should monitor the social effects of CO2 price in order to avoid more inequalities and to incentivise job creation.
Amendment 132 #
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), capture and re-use of CO2 (CCU), 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/CCU facilities and innovative renewable energy technologies, EU ETS allowances should be used to provide guaranteed rewards for deployment of CCS/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 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 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 not, should be 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 set in this Directive. 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 144 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partially compensate, in accordance with state aid rulesFor the purpose of avoiding competitiveness distortions, Member States should partially compensate, through a centralised system at Union 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. 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 153 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Whereas financial support for regions and sectors which depend on carbon-intensive activities will be essential to implementing a just transition in Europe. The impact of the energy transition on these regions and sectors has to be better assessed and taken into account especially considering the future of those workers who will be affected.
Amendment 155 #
Proposal for a directive
Recital 13
Recital 13
(13) EU ETS funding should be coherent with other Union funding programmes, including European Structural and Investment Funds, Horizon 2020 and the European fund for Strategic investments so as to ensure the effectiveness of public spending.
Amendment 157 #
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 committee 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 and all financing from the fund should comply with specific eligibility criteria. 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 167 #
Proposal for a directive
Recital 17
Recital 17
(17) 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 Article 3d(3), Article 10(4), Article 10a(1) and (8), Article 10b, Article 10d, Article 14(1), Article 15, Article 19(3), Article 22, Article 24, Article 24a and Article 25a of Directive 2003/87/EC. In order to reduce delegations to the minimum, the existing powers in respect of the operation of the special reserve, for attributing quantities of international credits which may be exchanged and placing further standards for what may be exchanged and for further rules on double counting in Article 3f(9), Article 11a(9) and Article 11b(7) of Directive 2003/87/EC are deleted. Acts adopted pursuant to those provisions continue to apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. As regards the delegation in respect of Article 10(4) of Directive 2003/87/EC, those Member States which do not use the common platform for auctioning may continue not to do so.
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 182 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Article 6
Paragraph 2
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Article 7
(2b) Article 7 is amended as follows: Without undue delay, the operator shall inform the competent authority of any planned changes to the nature or functioning of the installation, or any extension or significant reduction of its capacity, which may require updating the greenhouse gas emissions permit. Where appropriate, the competent authority shall update the permit. Where there is a change in the identity of the installation's operator, the competent authority shall update the permit to include the name and address of the new operator.
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Article 9 paragraph 2
Article 9 paragraph 3
Starting in 2021, the linear factor shall be 2.24%.
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 195 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Article 1
Point 4 point a
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 57%2%, and that share shall decrease by up to two percentage points up to 2030 pursuant to Article 10a(5). Such an adjustment shall take place solely in the form of a reduction of allowances auctioned pursuant to point (a) of the first subparagraph of Article 10(2).
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 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – subparagraph 2a (new)
Article 1 – paragraph 1 – point 4 – point a – subparagraph 2a (new)
Article 10
Paragraph 1 – subparagraph 3a (new)
Up to 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a harmonised compensation scheme as set out in article 10a, paragraph 6, of this Directive.
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Article 1 – paragraph 1 – point 4 – point b a (new)
(ba) paragraph 3 is amended as follows: Member States shall determine the use of revenues generated from the auctioning of allowances, within the frame set hereafter. At least 80% 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 the equivalent in financial value of these revenues, shall be used for one or more of the following:
Amendment 228 #
Proposal for a directive
Article 1 – point 4 – point -a
Article 1 – point 4 – point -a
Directive 2003/87/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
(-a) Paragraph 1 is replaced by the following: '1. From 2019 onwards, Member States shall auctioneither auction or cancel all allowances that are not allocated free of charge in accordance with Articles 10a and 10c and are not placed in the market stability reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council1.'
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b b (new)
Article 1 – paragraph 1 – point 4 – point b b (new)
Article 10
Paragraph 3 (a)
(bb) In paragraph 3, the point (a) is modified as follows: to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to the Adaptation Fund as made operational by the Poznan Conference on Climate Change (COP 14 and COP/MOP 4) and to the Green Climate Fund; to adapt to the impacts of climate change and to fund research and development as well as demonstration projects for reducing emissions and for adaptation to climate change, including participation in initiatives within the framework of the European Strategic Energy Technology Plan and the European Technology Platforms;
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b c (new)
Article 1 – paragraph 1 – point 4 – point b c (new)
Article 10
Paragraph 3 (b)
(bc) In paragraph 3, the point (b) is modified as follows: to develop renewable energies to meet the engagements of using 30 % renewable energies by 2030, as well as to develop other technologies contributing to the transition to a safe and sustainable low- carbon economy and to help meet the engagements to increase energy efficiency by 40 % by 2030;
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b d (new)
Article 1 – paragraph 1 – point 4 – point b d (new)
Article 10
Paragraph 3 (e)
(bd) In paragraph 3, the point (e) is complemented as follows: the environmentally safe capture and re- use of CO2 (CCU).
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Article 10
Paragraph 3 (j)
Amendment 240 #
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%2%, and that share shall decrease by up to two percentage points up to 2030 pursuant to Article 10a(5). Such an adjustment shall take place solely in the form of a reduction of allowances auctioned pursuant to point (a) of the first subparagraph of paragraph 2.
Amendment 244 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Article 10
Paragraph 3 point m (new)
(la) measures which favour the recycling of base materials as a part of the circular economy;
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 10
Paragraph 3 new subparagraph
(ca) In paragraph 3, the following subparagraph is added at the end: The abovementioned report made by Member-States to the Commission creates an inventory of the use of revenues and actions taken pursuant to this paragraph which is made public.
Amendment 253 #
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
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 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 10
Paragraph 5
(da) Paragraph 5 is complemented as follows: Refers in this regard to the obligation bore by Member States to inform the Commission as to the use of ETS revenues; underlines that increased transparency would help citizens see how ETS revenues are being used by national authorities.
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d b (new)
Article 1 – paragraph 1 – point 4 – point d b (new)
Article 10
Paragraph 5a
(db) A new paragraph 5a is added: The Commission shall build a database providing information on the carbon content of products made by the industry covered by the ETS.
Amendment 258 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d c (new)
Article 1 – paragraph 1 – point 4 – point d c (new)
Article 10
Paragraph 5b
(dc) A new paragraph 5b is added: The Commission shall publish every two years on the basis of a harmonised information from Member-States the impact of the ETS carbon price on the purchasing power of the citizens. On this basis, the Member-States are invited to compensate the impact of the ETS carbon price on the purchasing power of households in situation of energy poverty.
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 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d d (new)
Article 1 – paragraph 1 – point 4 – point d d (new)
Article 10
Paragraph 6 (new)
(dd) A new paragraph 6 is added: "Every two years Member States shall communicate to the Commission the closures of electricity generation capacity due to national measures. The Commission shall calculate the equivalent number of allowances that these closures represent. Member States may surrender a corresponding volume of allowances and place them into the MSR."
Amendment 264 #
Proposal for a directive
Article 1 – point 4 – point b b (new)
Article 1 – point 4 – point b b (new)
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Article 10a
Paragraph 1 Subparagraph 2
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. 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 should be adjusted with a corresponding amount of allowances by placing allowances into and releasing allowances from the reserve referred to in paragraph 7.
Amendment 270 #
Proposal for a directive
Article 1 – point 4 – point b c (new)
Article 1 – point 4 – point b c (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(bc) In paragraph 3, point (b) is replaced by the following: '(b) to develop renewable energies to meet the commitengagements of the Community to using 2using at least 30 % renewable energies by 20230, as well as to develop other technologies contributing to the transition to a safe and sustainable low-carbon economy and to help meet the commitment of the Communityengagements to increase energy efficiency by 2at least 40 % by 20230;'
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 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 10a
Paragraph 1
(aa) The third paragraph of paragraph 1 is modified as follows: The measures referred to in the first subparagraph shall, to the extent feasible, determine Community-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, capture and re-use of CO2 and capture and storage of CO2, 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 electricity produced from waste gases.
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a b (new)
Article 1 – paragraph 1 – point 5 – point a b (new)
Article 10a
Paragraph 2
(ab) In paragraph 2, "in the years 2007-2008" is replaced by "in the years 2017-2018" and the following sentence is added: "An update of the Briefs shall be organised to have a complete information of the progress in mitigation technologies in industries in 2025."
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Article 10 a
Paragraph 2
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 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Article 10 a
Paragraph 2
Amendment 326 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Article 10 a
Paragraph 2
Amendment 337 #
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
(i) On the basis of informationverified production, emissions and other necessary data submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annual reduction referred to above by more than 0.5% of the 2007-8 value higher or lower annually. If so, that benchmark value shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 and the middle of the period for which free allocation is to be made;. For sectors with unavoidable process emissions and where the real production and efficiency data submitted pursuant to Article 11 show annual reductions below 0,25% in respect of each year between 2008 and the middle of the period for which free allocation is to be made, the benchmark value shall be adjusted by 0,25%. Correspondingly, for sectors where the real production and efficiency data submitted pursuant to Article 11 show annual reductions above 1,5% in respect of each year between 2008 and the middle of the period for which free allocation is to be made, the benchmark value shall be adjusted by 1,75%.
Amendment 340 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b a (new)
Article 1 – paragraph 1 – point 5 – point b a (new)
(ba) Subject to paragraphs 4 and 8, and notwithstanding Article 10c, no free allocation shall be given to electricity generators, to installations for the capture of CO2, to pipelines for transport of CO2 or to CO2 storage sites, except for electricity produced from waste gases where the whole amount of CO2 shall be included into free allocation.
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Article 10a
Paragraph 5
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 accordingly. Any such adjustment shall be done in a uniform mannerapplied so that the 10% best performers of each sector or sub-sector are not impacted.
Amendment 352 #
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 ii a (new)
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
(iia) Subject to paragraphs 4 and 8, and notwithstanding Article 10c, no free allocation shall be given to electricity generators, to installations for the capture of CO2, to pipelines for transport of CO2 or to CO2 storage sites, except for electricity produced from waste gases where the total amount of CO2 shall be included in the free allocation.
Amendment 362 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Article 10a
paragraph 6
Amendment 369 #
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 until 2030. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mannerapplied so that the 10% most efficient installations, in accordance with paragraph 2, are not impacted. Any allowances not allocated to installations by the end of the trading period shall be cancelled.
Amendment 379 #
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
Amendment 394 #
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Amendment 405 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e a (new)
Article 1 – paragraph 1 – point 5 – point e a (new)
Article 10a
Paragraph 7a (new)
(ea) A new paragraph is added: The sectors and sub sectors concerned by paragraphs 1 and 2 of Article 10b will receive free allocations which annual excess, if any, are exclusively dedicated to low carbon investment in the installations belonging to the same sector or sub-sector during the whole fourth period, in conformity with paragraphs b, e, g, l and m(new) of article 10 paragraph 3, as well as with the rules for the public investments financed by free allocations in the article 10c paragraph 2 and 3; the assets coming from the free allocations monetisation during the fourth period have to be paid or engaged for low carbon investments at the latest 12/31/2030. A balance will be made two times during the fourth period, in 2025 and 2030 with a possibility of sanctions under Article 16.
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 409 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article10a
paragraph 8
paragraph 8
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 431 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article 10a
Paragraph 8
The allowances shall be made available for innovation in low-carbon industrial products, technologies and processes in existing and new installations and support for demonstration and pilot projects for the development of a wide range of CCS, CCU and innovative renewable energy technologies that are not yet commercially viable, ensuring a degree of geographical and sectoral balance in geographically balanced locations. In order to promote innovative projects, up to 60% of the relevant costs of projects may be supported, out of which up to 40% 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 435 #
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 and innovative renewable energy technologies and CCS that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 60% of the relevant costs of projects may be supported, out of which up to 40% 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 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 446 #
Proposal for a directive
Article 1 – point 5 – point i a (new)
Article 1 – point 5 – point i a (new)
Directive 2003/87/EC
Article 10a – paragraph 19
Article 10a – paragraph 19
(ia) paragraph 19 is replaced by the following: 'No free allocation shall be given to an installation that has ceased its operations, unless the operator demonstrates to the competent authority that this installation will resume production within a specified and reasonable time. Installations for which the greenhouse gas emissions permit has expired or has been withdrawn and installations for which the operation or resumption of operation is technically impossible shall be considered to have ceased operations. Where an operator fails to demonstrate to the competent authority that an installation will resume production within a given specified and reasonable time, it shall be subject to a penalty in accordance with Article 16.'
Amendment 447 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article 10a
Paragraph 8
The Commission shall be empowered to adopt a delegated act in accordance with Article 23, taking due account of the following principles: - Projects should focus on research and innovation for the design and development of breakthrough solutions and implementation of demonstration programmes, including in real industrial environments; - Projects should deliver ambitious reduction in specific GHG emission intensity of at least 20%, with respect to the best available technologies; - The activities should 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 should address technological solutions that could have widespread applications and may combine different technologies; - Solutions and technologies should ideally have the potentials to be transferred within the sector and possibly to other sectors.
Amendment 449 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article 10a
Paragraph 8 last subparagraph
The last subparagraph of paragraph 8 is modified as follows: 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 and programmes such as EFSI and H2020. No project shall receive support via the mechanism under this paragraph that exceeds 15 % of the total number of allowances available for this purpose. These allowances shall be taken into account under paragraph 7. Monetisation of allowances shall start only in 2022 and be made gradual throughout Phase IV.
Amendment 466 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 b
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 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 478 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
article 10
paragraph 1
1a. Up to 3% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a harmonised compensation scheme as set out in article 10a, paragraph 6, of this Directive.
Amendment 500 #
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 code) as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available. in accordance with Article 23. As concerns paragraph 1, the product calculated shall be based on data for the three most recent calendar years available using for each sector or sub-sector the 4-, 6- or 8-digit level code (NACE-4, CPA or Prodcom), or the most appropriated level of disaggregation based on public and sector specific data.
Amendment 508 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices,not at risk of carbon leakage 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 513 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10b
Paragraph 3 a (new)
3a. A revision of the sectors concerned by the carbon leakage criteria should be realised in 2025.
Amendment 515 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code) as concerns paragraph 1, in accordance with Article 23,. As concern paragraph 1, the product calculated shall be based on data for the three most recent calendar years available. using for each sector or sub-sector the 4-, 6-, 8- digit level code (NACE-4, CPA or Prodcom), or the most appropriated level of disaggregation based on public and sectors specific data
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 535 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10b
Paragraph 4 a (new)
4a. A new paragraph is added: Free allocations distributed to the industrial sectors concerned by paragraphs 1 and 2 of this article constitute a temporary adaptation measure for the modernisation of the European energy intensive industries until 2030. After Phase IV, all the allocations will be auctioned.
Amendment 536 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10b
Paragraph 4 b (new)
4b. A border adjustment mechanism is put in place by the 1st January 2021 in conformity with international trade rules and in particular WTO rules to create a level playing field between European producers under ETS and extra- European producers for imports as well as for exports ; this border adjustment mechanism is applicable only for products and goods concerned by the ETS and with countries which have no equivalent and comparable system aiming at giving a price to CO2; for that very reason it's a temporary measure designed to vanish when a global CO2 price is adopted. The Commission should integrate the climate change policy and the ETS in particular in its negotiations of free trade agreements with other countries. The Commission has to engage discussions with others countries to articulate the ETS with other systems which give a price to CO2 with the target to make them compatible in order to create a level playing field.
Amendment 541 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € 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 562 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (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, transmission and distribution sectors, as well as energy efficiency and energy storage are eligible to bid;
Amendment 576 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (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, in line with Annexes I and II of the European Investment Bank Climate Strategy;
Amendment 593 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (iv) (new)
(iv) promote community-driven integrated approaches;
Amendment 594 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (v) (new)
(v) do not contribute to new 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 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 619 #
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 be 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 investment board shall be responsible to determine a Union-level investment policy, appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day-to-day management of the fund. The investment board and management committee shall both be gender-balanced.
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 707 #
Proposal for a directive
Article 1 – point 22 c (new)
Article 1 – point 22 c (new)
Directive 2003/87/EC
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
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 711 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Article 10 d
Paragraph 7
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)
Amendment 717 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
(7a) The following Article 10e is inserted: Article 10e Just Transition Fund A Just Transition Fund is created as of 2021 as a complement to the European Regional Development Fund and the European Social Fund; it is funded through the pooling of 2% of the auctioning revenues. The revenues of these auctions would remain at the EU level, with the goal to use them for cushioning the social impact of climate policies in regions which combine a high share of workers in carbon-dependent sectors and a GDP per capita well below the EU-average. These auctioning revenues aimed at just transition can be put to use in different ways: - 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 - 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 a Just Transition Fund being strongly related to the labour market, social partners should be actively involved into the fund management – on the model of the ESF committee – and the participation of local social partners should be a key requirement for projects to get funding.
Amendment 718 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Article 11
Paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the five years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent five years shall be submitted every five years thereafter. 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. Production activity shall be updated yearly in order to allow for a more dynamic allocation. Free allocations shall only be given to installations where such information is provided.
Amendment 746 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
(13 a) In article 15a, the following paragraph is added: Allowances have to be published on the operators' annual accounts and the European Union encourages the resumption of work on an international accounting standard in this field.
Amendment 752 #
Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
(20a) A new Article 25 (1) (c) is added: Robust carbon accounting rules and measures shall be put in place to ensure that the ETS is in line with the Paris Agreement (especially article 6 paragraph 2) which enhances cooperation among governments on climate change mitigation, including market-based approaches, through provisions to facilitate cross-border transfers. The Commission has to put in place border carbon adjustment and transparency for reporting carbon content for the products under ETS in order to prevent double- counting of emissions reductions.
Amendment 760 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
(22a) Hospitals, high-efficiency district- heatings and cogenerations may also be excluded if they undertake equivalent measures.