Activities of Jakop G. DALUNDE related to 2021/0211(COD)
Shadow opinions (2)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757
Amendments (80)
Amendment 26 #
Proposal for a directive
Recital 1
Recital 1
(1) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)36 . Its Parties have agreed to hold. By adopting the Glasgow Climate Pact , its Parties recognised that limiting the increase in the global average temperature well below 21,5 °C above pre-industrial levels and to pursue efforts to limit would significantly reduce the risks and impacts of climate change, and committed to strengthen temperature increase to 1,5 °C above pre- industrial levels. _________________ 36Paris Agreement (OJ L 282, 19.10.2016, p. 4)heir 2030 targets by the end of 2022 to close the ambition gap. The revision of the EU ETS is a unique opportunity to contribute to stepping up EU’s climate action before COP27 in Egypt.
Amendment 37 #
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should bproduct benchmarks should be applicable independent of the nature of the production process. It is therefore necessary to modify, as soon as possible, the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new andinnovative, zero exmistingsions technologies and to take into account the recyclability potential. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of hydrogen outside the refineries sector.
Amendment 67 #
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. Rapid efforts to decarbonise the maritime transport sector are all the more important in view of the declaration by the Parliament on 28 November 2019 of a climate and environment emergency. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of thell emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include halfl of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, halfl of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, all of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and all of the emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of thee coverage of emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelledensuring the polluter pays principle and ensuring a level-playing field. The sector should be included in the EU ETS from 2023. As from 20263, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. __________________ 49 Paris Agreement, Article 4(4).
Amendment 74 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) The derogation from Article 10a(1) allowing eligible Member States to receive transitional free allocation for the modernisation of the energy sectors shall end on 31 December 2023. Member States concerned shall be able to use allowances that have not been allocated by 31 December 2023 through the Modernisation Fund, referred to in Article 10d, where these allowances shall be transferred.
Amendment 77 #
Proposal for a directive
Recital 29
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investm[year of entsry in techniques to increase energy efficiency and reduce emissions. Ensuring that this is focused on larger energy users would result in a substantial reductito force of the Directive] onwards should be discon tin burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordinglyued, switching to full auctioning of emission allowances.
Amendment 79 #
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the Commission should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 - to the European Parliament and to the Council on progress in the IMO negotiations concerning a global market- based measure. In its report, the Commission should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those instruments in Union law through a revision of Directive 2003/87/EC. In its report, the Commission should include proposals as appropriate. The European Commission should also maximise efforts with the view to establishing global market-based measure in partnership with the International Maritime Organization (IMO). Until such a global measure has been scientifically proven to have equal emission reduction potential, or to exceed the mission reduction potential, of an ETS covering 100% of voyages between ports under the jurisdictions of Member States and third counties, all voyages with a destination or origin under the jurisdiction of Member States should remain fully under the ETS.
Amendment 80 #
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbzero emissions technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’),prioritising solutions that address the root causes of high GHG, including the resources or materials used and the volumes used. renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 91 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) State aid support schemes referred to in Article 10a (6) to compensate indirect costs for electricity intensive industries should be discontinued from [the date of entrance of revised directive into force].
Amendment 93 #
Proposal for a directive
Recital 30 b (new)
Recital 30 b (new)
(30b) Under the scenario where free allocation of emission allowances is retained, it should by 100% conditional on investments in techniques to reduce energy consumption by at least 1.7% annually and reduce emissions. Ensuring that this is focused on larger energy users - companies with an average annual consumption from 10TJ to higher than 100TJ of energy over the previous three years, would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. The relevant delegated acts should be adjusted accordingly.
Amendment 100 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, recharging infrastructure in ports as well as zero- emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of electrification as well as renewable and low zero-carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fundfrom the allowances that could otherwise be allocated for free. __________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 103 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32a) For the period 2021-2030, the share of free allocation in the total ETS cap is set to be 43%. This generous free allocation of allowances disincentivises the decarbonisation of the industry and impedes the green transition. It is therefore imperative to discontinue free allocation and transition to full auctioning of emission allowances. Revenue generated through auctioning allowances that are currently set for free allocation could provide a significant boost to the Innovation Fund, facilitating green transition of industry both through innovative solutions and supporting deployment of other high-potential abatement measures to help decarbonise economy.
Amendment 106 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the augmented Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, tinvestments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. The Innovation Fund should serve talso support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologiesthe deployment of technologies that may no longer be considered innovative, but nevertheless hold a significant abatement potential and contribute to decarbonisation of economy and energy and resource savings. The investments should comply with “do no significant harm” principle and ‘minimum safeguards’ requirements as defined in Article 17 and 18 of the Regulation (EU) 2020/852 [taxonomy] and be aligned with EU climate and environmental policies, be consistent with National Energy and Climate Plans (NECPs) and Territorial Just Transition Plans (TJTPs) and comply with minimum social safeguards included in the European Pillar of Social Rights. No support should be given to any investments related to fossil fuels and nuclear energy. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbzero emissions fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 113 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Projects funded by the Innovation Fund should be required to share knowledge with other relevant projects as well as with EU-based researchers having a legitimate interest. The terms of knowledge-sharing should be defined by the Commission in calls for proposals.
Amendment 114 #
Proposal for a directive
Recital 43
Recital 43
Amendment 116 #
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry by demonstrating and upscaling new technologies, offering the opportunity to guarantee investors in innovative climate- friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs. CCDs must present an alternative to free allowances and not an additional subsidy. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support, specifying that technologies financed must be fully aligned with the attainment of the EU Climate neutrality goal and that conditions exclude investments in fossil fuels or nuclear technologies.
Amendment 117 #
Proposal for a directive
Recital 43 a (new)
Recital 43 a (new)
(43 a) To avoid any undue impact on well functioning and more targeted legislation to reduce emissions in the road transport and buildings sectors; to safeguard against undue price impacts for the consumer that does not lead to decarbonisation; and to ensure a socially just and inclusive transition; it is not appropriate to extend the ETS to the road transport and buildings sectors.
Amendment 120 #
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the supportcomply with “do no significant harm” principle and ‘minimum safeguards’ requirements as defined in Article 17 and 18 of Regulation (EU) 2020/852 and be aligned with EU climate and environmental policies, are consistent with National Energy and Climate Plans (NECPs) and Territorial Just Transition Plans (TJTPs) and comply with minimum social safeguards included in the European Pillar of Social Rights. No support should be given to any investments related to fossil fuels and nuclear energy. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 100%; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 131 #
Proposal for a directive
Recital 45
Recital 45
Amendment 137 #
Proposal for a directive
Recital 47
Recital 47
Amendment 145 #
Proposal for a directive
Recital 48
Recital 48
Amendment 150 #
Proposal for a directive
Recital 49
Recital 49
Amendment 157 #
Proposal for a directive
Recital 50
Recital 50
Amendment 162 #
Proposal for a directive
Recital 51
Recital 51
Amendment 168 #
Proposal for a directive
Recital 52
Recital 52
Amendment 180 #
Proposal for a directive
Recital 54
Recital 54
Amendment 184 #
Proposal for a directive
Recital 55
Recital 55
Amendment 195 #
Proposal for a directive
Recital 56
Recital 56
Amendment 199 #
Proposal for a directive
Recital 57
Recital 57
Amendment 205 #
Proposal for a directive
Recital 58
Recital 58
Amendment 213 #
Proposal for a directive
Recital 59
Recital 59
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new)
Article 1 – paragraph 1 – point 11 – point -a (new)
Directive 2003/87/EC
Article 10 – paragraph 1 – second subparagraph
Article 10 – paragraph 1 – second subparagraph
(-a) in paragraph 1, the second subparagraph is replaced by the following: From [date of entry into force of the amended directive], all allowances shall be auctioned.
Amendment 219 #
Proposal for a directive
Recital 60
Recital 60
(60) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Articles 10(4) and 10a(8) of that Directive. Moreover, to ensure synergies with the existing regulatory framework, the delegation in Articles 10(4) and 10a(8) of Directive 2003/87/EC should be extended to cover the sectors of road transport and buildings. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents66, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified __________________ 66 OJ C 369, 17.12.2011, p. 14. 66
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:
Amendment 231 #
Proposal for a directive
Recital 66
Recital 66
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point h
Article 10 – paragraph 3 – point h
(h) measures intended to improve energy efficiency, fully renewables-based district heating systems and insulation, or to provide financial support in order to address social aspects in lower- and middle-income households, including by reducing distortive taxes;
Amendment 235 #
Proposal for a directive
Recital 67 a (new)
Recital 67 a (new)
(67 a) Recalls the need for additional Union actions to address GHG emissions from the maritime sector in light of the slow and insufficient progress made by IMO, as stressed by The European Parliament in its resolution of 28 November 2019 on the 2019 UN Climate Change Conference in Madrid, Spain(COP25) and in the European Parliament Report of the 29 July 2020 in order to take appropriate account of the global data collection system for ship fuel oil consumption data. Recalls that The European Parliament in the latter report supported, in particular, the inclusion of the maritime sector in the Union system for greenhouse gas emission allowance trading (the ‘EU ETS’) and, at the same time, concluded that market-based emissions reduction policies alone are not sufficient to meet the Union's emissions reduction targets, and should be accompanied by binding regulatory emissions reduction requirements that are properly enforced.
Amendment 237 #
Proposal for a directive
Recital 67 b (new)
Recital 67 b (new)
(67 b) Reiterates the crucial role of the Agency for Cooperation of Energy Regulators (ACER) to support the electrification of ports and maritime infrastructure; calls on the Commission and Member States to make sure that the agency is provided with sufficient means to carry out its missions to enable the decarbonisation of the maritime sector that the inclusion in the Emission Trading System will entail;
Amendment 238 #
Proposal for a directive
Recital 67 c (new)
Recital 67 c (new)
(67 c) The EU ETS is one of the Union’s core instruments for achieving the goal of climate neutrality as set out in Regulation (EU) 2021/1119. The revised ETS will cover a majority of greenhouse gas emissions from the Union’s economy including previously unregulated sectors. The Parliament therefore instructs the Commission and the Council to revise its nationally determined contribution (NDC) to the UNFCCC to take into account the new sectors included in this revision and to adhere to the Union’s commitment in the Glasgow Pact to update the NDCs on an annual basis.
Amendment 241 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. This Directive shall apply to all ship types above 400 gross tonnage, in respect to the greenhouse gas emissions CO2, CH4, N2O and black carbon released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 2 a
Article 10 a – paragraph 1 – subparagraph 2 a
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay- back time for the relevant investments does not exceed fiveten years, and that the costs of those investments are proportionate. Otherwise, the amount of free , while ensuring that the total energy consumption of the installocation shall be reduced by 25 %. Tis reduced by at least 1.7% each year, when compared to the year X-2 (with X being the year when this Directive enters into force). Otherwise, the amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivby 100%. In case of installations covered by the obligation to implement the energy management systems under Article 8(4) of Directive 2012/27/EU of the European and of the Council, free allocation shall only be granted fully if the energy management systems are fully implemented, while ensuring that the total ent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly. ergy consumption of the installation is reduced by at least 1.7% each year, when compared to the year X-2. Otherwise, the amount of the free allocation shall be reduced by 100%.
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point v a (new)
Article 3 – point v a (new)
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – subparagraph v b (new)
Article 3 – subparagraph v b (new)
(v b) ‘voyage’ means any movement of a ship that originates from or terminates in a port of call.
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 3
Article 10 a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentiallywithin 6 months of the entry into force of this Directive in view of modifying the definitions, scope and system boundaries of existing product benchmarks to ensure that a product benchmark is independent of the feedstock or the type of production process, that accounts for the circular use potential of materials is taken into account and that installations with partially or fully decarbonised processes are not excluded.
Amendment 272 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 2
Article 10 a – paragraph 1 a – subparagraph 2
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of theall of the (100 %) [1] emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fifty percent (50 %) of theall of the (100 %) emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percentall of the (100 %) of[2] emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percentall of the (100 %) of[3] emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 279 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
1 a. European Commission shall also [1] pursue the establishment of an effective global market-based measure in partnership with the International Maritime Organization (IMO). However, until such a global measure has been scientifically proven to have equal emission reduction potential, or to exceed the emission reduction potential, of an ETS covering 100% of voyages between ports under the jurisdictions of Member States and third countries, all voyages with a destination or origin under the jurisdictions of Member States should remain fully under the ETS.
Amendment 280 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 2
Article 10 a – paragraph 1 a – subparagraph 2
Amendment 287 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point a
Article 3ga – paragraph 1 – point a
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point b
Article 3ga – paragraph 1 – point b
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i a (new)
Article 1 – paragraph 1 – point 12 – point c – point i a (new)
Directive 2003/87/EC
Article 10 a – paragraph 2– subparagraph 1
Article 10 a – paragraph 2– subparagraph 1
(ia) the first subparagraph is replaced by the following: "In defining the principles for setting ex- ante benchmarks in individual sectors or subsectors, the starting point shall be the average performance of the 5% most efficient installations in a sector or subsector in the Union in the years 2016- 2017. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned."
Amendment 293 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point c
Article 3ga – paragraph 1 – point c
Amendment 296 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point d
Article 3ga – paragraph 1 – point d
(d) 100 % of verified emissions reported for 20263 and each year thereafter.
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 3 – point d
Article 10 a – paragraph 2 – subparagraph 3 – point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,21 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028.
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3 ga – paragraph 2
Article 3 ga – paragraph 2
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive 2003/87/EC
Article 10 a – paragraph 5 a
Article 10 a – paragraph 5 a
(da) paragraph 5a is deleted;
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e – introductory part
Article 1 – paragraph 1 – point 12 – point e – introductory part
Directive 2003/87/EC
Article 10 a – paragraph 6 – subparagraph 1
Article 10 a – paragraph 6 – subparagraph 1
(e) in paragraph 6, the first subparagraph is replaced by the following: is deleted
Amendment 308 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3 ga a (new)
Article 3 ga a (new)
Article 3 ga a Contractual Arrangements 1. Where the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual arrangement, by an entity other than the shipping company, Member States shall ensure that entity is responsible under the contractual arrangement for covering the costs arising from the implementation of this Directive. 2. For the purposes of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of, the ship. 3. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs referred to in paragraph 1 from the entity in charge of operation of the ship in accordance with Article 16 of this Directive.
Amendment 310 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3 gd b (new)
Article 3 gd b (new)
Article 3g b The European Commission shall propose the establishment of a dedicated Ocean Fund in order to support and accelerate projects, investments and innovations in the EU to decarbonise the maritime sector and support climate mitigation and resilience. At least 50% of the revenues generated from the auctioning of allowances referred to in Article 3g shall be allocated to this Fund. Of these, at least 25% of the revenues from voyages between Union and Non- Union ports shall be earmarked for projects under the Fund relating to climate mitigation and resilience in third countries. In addition, the dedicated Fund shall support the transition to energy efficient and climate resilient EU maritime sector supporting the deployment of sustainable alternative fuels, such as hydrogen and ammonia, that are produced from renewables, and of zero-emission propulsion technologies, including wind technologies, development of innovative technologies and infrastructure for decarbonising the sector including in short sea shipping and ports. At least 20% of the revenues under the Fund shall be used to contribute to the protection, restoration and better management of marine ecosystems impacted by global warming, such as marine protected areas; and to promote a crosscutting sustainable blue economy such as renewable marine energy. The investments supported under the Fund shall comply with ‘do no significant harm’, prove consistent with National Energy and Climate Plans (NECPs) and Territorial Just Transition Plans (TJTPs), and comply with minimum social safeguards included in the European Pillar of Social Rights. All investment supported by the Fund shall be made public and shall be consistent with the aims of this Directive. The Commission shall engage with third countries with regard to how they can also make use of the Fund.
Amendment 314 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 1
Article 10 a – paragraph 8 – subparagraph 1
8. 365 millionAll allowances from the quantity which could otherwisethat were set to be allocated for free pursuant to this Article 10b, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall [upon entry into force of this directive] be made available to a Fund with the objective of supporting emissions avoidance, innovation in low-carbzero emissions technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). The investments supported by the fund shall comply with ‘do no significant harm’ principle and ‘minimum safeguards’ requirements as defined in Article 17 and 18 of the Regulation (EU) 2020/852 [taxonomy] and be aligned with EU climate and environmental policies, prove consistent with National Energy and Climate Plans (NECPs) and Territorial Just Transition Plans (TJTPs), and comply with minimum social safeguards included in the European Pillar of Social Right. Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3 g e – paragraph 1
Article 3 g e – paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organizsation of a global market-based measure to reduce greenhouse gas emissions from maritime transport. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall instruct the European Scientific Advisory Board on Climate Change to present a report to the European Parliament and to the Council in which it shall examine any such measure. The report shall consider: a) Climate ambition and whether the measures are in line for a limit of global heating to 1.5oc relative to the pre- industrial era; b) Enforcement, governability and penalties for non-compliance; c) Reporting, monitoring and verification of all environmental impacts (including ILUC for biofuels); d) Transparency and involvement of civil society; Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate.
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 – point g Directive 2003/87/EC
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, asproducts or sectors manufacturing products that are substituting carbon intensive ones produced in sectors listed in Annex I, projects and measures supporting circularity, well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in lowzero carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change. The Innovation Fund shall also support the deployment of technologies that may no longer be considered innovative, but nevertheless hold a significant abatement potential and contribute to decarbonisation of economy and energy and resource savings.
Amendment 331 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 4
Article 10 a – paragraph 8 – subparagraph 4
Projects in the territory of all Member States, including small-scale and medium- scale projects, shall be eligible. Technologies receiving support shall be innovative and not yet commercially viable at a similar scale without support but shall represent breakthrough solutions or be sufficiently mature for application at pre- commercial scale.
Amendment 337 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 45,2 % corresponding with the European Climate Law and the Paris Agreement. The Commission shall present an adjusted legislation by 2026 at the latest if the reduction of emission in the maritime sector has to be adjusted to be corresponding with the European Climate Law and the Paris Agreement. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].; ;
Amendment 338 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 6
Article 10 a – paragraph 8 – subparagraph 6
Projects and measures shall be selected by way of a transparent selection procedure on the basis of objective and transparent criteria, taking into account, where relevant, the extent to which projects contribute to achieving emission reductions well below- at least by 50% - the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbnet zero GHG emission economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported while ensuring that these projects facilitate the attainment of the EU climate goals and that investments in fossil fuels and nuclear sector are excluded.
Amendment 340 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 6 a (new)
Article 10 a – paragraph 8 – subparagraph 6 a (new)
Projects funded by the Innovation Fund shall be required to share knowledge with other relevant projects as well as with EU- based researchers having a legitimate interest. The terms of knowledge-sharing shall be defined by the Commission in calls for proposals.
Amendment 346 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point f a (new)
Article 10 – paragraph 3 – point f a (new)
(c a) In paragraph 3, the following point fa (new) is included: "(f a) to finance multimodal air-rail projects on the TEN-T network and to replace short-haul and connecting flights with rail transport."
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 – introductory part
Article 1 – paragraph 1 – point 13 – introductory part
Directive 2003/87/EC
Article 10 c
Article 10 c
(13) in Article 10c, paragraph 7 is replaced by the following: is deleted.
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
Directive 2003/87/EC
Article 10 c a (new)
Article 10 c a (new)
(13a) the following Article 10 ca is inserted: “Article 10ca The derogation from Article 10a(1) allowing eligible Member States to receive transitional free allocation for the modernisation of the energy sector shall end on 31 December 2023. Member States concerned shall be able to use allowances that have not been allocated by 31 December 2023 through the Modernisation Fund, referred to in Article 10d, where these allowances shall be transferred."
Amendment 354 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10 d – paragraph 1 – subparagraph 2
Article 10 d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. The investments supported shall comply with ‘do no significant harm’ principle and ‘minimum safeguards’ requirements as defined in Article 17 and 18 of the Regulation (EU) 2020/852 and be aligned with EU climate and environmental policies, prove consistent with National Energy and Climate Plans (NECPs) and Territorial Just Transition Plans (TJTPs), and comply with minimum social safeguards included in the European Pillar of Social Rights. No support from the Modernisation Fund shall be provided to energy generation facilities that use fossil fuels or nuclear energy.”
Amendment 359 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2substituting carbon intensive ones produced in sectors listed in Annex I, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and, infrastructure to decarbonise the maritime sector, including refuelling infrastructure for zero-carbon fuels and recharging infrastructure, and for the production of low- and zero-carbon fuels in aviation, rail and road transport; as well as further development of the railway system and local sustainable public transport addressing both the physical and digital infrastructure and fleets, promoting a modal shift to more sustainable transport modes. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in lowzero- carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change. The Innovation Fund should not support nuclear energy- related activities.
Amendment 363 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – introductory part
Article 10 d – paragraph 2 – introductory part
2. At least 80 % ofll the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 368 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 6 a (new)
Article 10a – paragraph 8 – subparagraph 6 a (new)
Projects funded by the Innovation Fund shall be required to share knowledge with other relevant projects as well as with EU- based researchers having a legitimate interest. The terms of knowledge-sharing shall be defined by the Commission in calls for proposals.
Amendment 369 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. The investments supported shall comply with ‘do no significant harm’, prove consistent with National Energy and Climate Plans (NECPs) and Territorial Just Transition Plans (TJTPs), and comply with minimum social safeguards included in the European Pillar of Social Rights. No support from the Modernisation Fund shall be provided to energy generation facilitiesfacilities or infrastructure that use fossil fuels.”; or nuclear energy.
Amendment 374 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point e
Article 10 d – paragraph 2 – point e
(e) the support of low-income households, including in rural and remote areas, to address energy poverty and to modernisetransform their heating systems to renewables-based only; and
Amendment 374 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point c
Article 10d – paragraph 2 – point c
Amendment 411 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30b – paragraph 2 – point b
Article 30b – paragraph 2 – point b
Amendment 423 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EU
Article 30d – paragraph 5 – point b – introductory part
Article 30d – paragraph 5 – point b – introductory part
(b) measures intended to accelerate the uptake of zero-emission vehicles or to provide financial support for the deployment of fully interoperable refuelling and recharging infrastructure for zero-emission vehicles including bicycles or measures to encourage amodal shift to public forms of transport and improvefrom privately owned vehicles to the most energy efficient public forms of passenger and freight transport such as rail and improve synchronised multimodality, or to provide financial support in order to address social aspects concerning low and middle-income transport users.
Amendment 434 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 f – paragraph 4
Article 30 f – paragraph 4
4. Member States shall ensure that the regulated entities are able to identify and document reliably and accurately per type of fuel, the precise volumes of fuel released for consumption which are used for combustion in the buildings and road transport sectors as identified in Annex III, and the final use of the fuels released for consumption by the regulated entities. The Member States shall take appropriate measures to avoid any risk of double counting of emissions covered under this Chapter and the emissions under Chapters II, IIa and III. Detailed rules for avoiding double counting shall be adopted in accordance with Article 14(1).
Amendment 446 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 i – paragraph 1
Article 30 i – paragraph 1
By 1 January 2028, the Commission shall report to the European Parliament and to the Council on the implementation of the provisions of this Chapter with regard to their effectiveness, administration and practical application, including on the application of the rules under Decision (EU) 2015/1814 and use of allowances of this Chapter to meet compliance obligations of the compliance entities covered by Chapters II, IIa and III. The Report should present the evolution of the carbon price and assess the level of internalisation of external costs against the objectives set for 2030 and 2050 in the EU Sustainable and Smart Mobility Strategy. Where appropriate, the Commission shall accompany this report with a proposal to the European Parliament and to the Council to amend this Chapter. By 31 October 2031 the Commission should assess the feasibility of integrating the sectors covered by Annex III in the Emissions Trading System covering the sectors listed in annex 1 of Directive 2003/87/EC.’’;
Amendment 455 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2