[ParlTrack]

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 and beyond contributing to climate action to meet commitments under the Paris Agreement and Regulation (EU) 2021/1119 (‘European Climate Law’) (Text with EEA relevance)

2022/02/24
Committee: ENVI

Delara BURKHARDT, Tiemo WÖLKEN, Günther SIDL

Proposal for a regulation
Recital 3 a (new)

(3a) To be socially acceptable the climate ambition set out in this Regulation should be matched by an equivalent social ambition, in line with the European Pillar of Social Rights. The European Green Deal agenda should be an opportunity to maintain and create quality jobs, promote decent work, raise labour standards, strengthen social dialogue and collective bargaining, tackle discrimination at work and promote gender equality and workplace democracy. In order to achieve those objectives a Just Transition framework must complement all proposed actions in the framework of the Green Deal, the Farm to For Strategy and the “Fit for 55” package.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 10

(10) In order to achieve the target of reducing greenhouse gas emissions by at least 55 %, the sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach- -40 % in 2030, compared to 2005 levels.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Recital 12 a (new)

(12a) While Regulation (EU) 2018/842 is a governance tool that sets GHG emission reductions targets in non-ETS sectors and the provisions on compliance, the increased level of ambition will require substantial changes in the affected sectors which might have social and labour impacts. The revised emission reduction targets need to be accompanied by sufficient financial and policy measures to guarantee that they can be met in a socially fair way. A concerted effort is needed from both public and private entities to raise awareness on the urgent need to act now, to ensure active and meaningful involvement and ownership of citizens and local communities, and to generate additional funding to support the transition to a climate neutral economy. Upskilling and reskilling programmes for entrepreneurs and workers are also needed in order to ensure access to the newest technologies and digital and sustainable skills.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Recital 13

(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, a~~lso having a potential impact on the level of emissions. Due to those uncertainties, it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocat~~iming to guarantee a green recovery and ensure fair climate and digital transitions, which will have a potential impact on the reductions of the Union’s level of emissions.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 14

(14) It is therefore appropriate to update in 20252 the annual emission allocations for the years 20263 to 2030. This should be based on a comprehensive review of the national inventory data carried out by the Commission in order to determine the average of the greenhouse gas emissions of each Member State during the years 20218, 202219 and 20230.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 15

(15) Under Regulation (EU) 2018/842, the cancellation of a limited quantity of emission allowances in the European Union emission trading system (‘ETS’) may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost- effective reduction potential, is is therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Union on emission reductionsWhile carbon pricing should be used as a supportive measure, as part of a broader policy infrastructure, a strong sectoral regulatory framework for sectors covered by Regulation (EU) 2018/842 is necessary to ensure environmental and social integrity and compliance. The use of the ETS flexibility effectively weakens incentives for emission reductions in the non-ETS sectors. It is therefore appropriate to end its use as of 2023 onward.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 16

(16) In addition to thate ETS flexibility, a limited quantity of net removals and net emissions from land use, land-use change and forestry (‘LULUCF’) may be taken into account for Member States’ compliance under Regulation (EU) 2018/842 (‘the LULUCF flexibility’). ~~In ord~~However, to ensure that sufficient mitigation efforts are deployed until 2030, it is appropriate to limit the use of the LULUCF flexibility by separating the use of such flexibility into two separate time periods, each capped by a limit corresponding to half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842. It is also appropriate to bring the title of Annex III in line with the amendment to Regulation (EU) 2018/841 carried out by Commission Delegated Regulation (EU) 2021/268 of 28 October 202037 . As a consequence, there is no longer a need for Regulation (EU) 2018/842 to provide for a legal basis allowing the Commission to adopt delegated acts to amendhe removals in the LULUCF sector should not be used to offset lack of action in other sectors and existing flexibility effectively creates trade-offs between sink enhancement efforts and mitigation action, while both are urgently required and need to be maximised separately. In order to ensure that sufficient mitigation efforts across all sectors are deployed until 2030 and beyond in order to meet the Union climate neutrality objective by 2050 at the latest, it is appropriate to put an end to the ~~titl~~use of ~~its Annex III. Article 7(2) of Regulation (EU) 2018/842 should therefore be delete~~the LULUCF flexibility from 2023 onward. __________________ 37Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (OJ L 60, 22.2.2021, p. 21).

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 16 a (new)

(16a) Emission reductions in all sectors covered by Regulation (EU) 2018/842 need to accelerate if they are to adequately contribute towards the Union’s 2030 GHG emission reduction target. Non-CO2 emissions of methane, nitrous oxide and so-called F-gases represent almost 20 % of the Union’s greenhouse gas emissions. By 2030, these can be reduced effectively by up to 35 % compared to 2015. The majority of these emissions comes from the agriculture sector. Agriculture non-CO2 emissions, between 2005 and 2018, remained nearly constant and contributed only with 1 % to reductions in the Effort Sharing sectors (2 Mt CO2 equivalent). Projections indicate that countries plan rather low emission reductions in this sector1a. While these emissions can never be fully eliminated under existing technology and management options, they can be significantly reduced while ensuring food security is maintained in the Union. Further detailed monitoring, evaluation of the effectiveness and adequacy of policy efforts at national level, as well as the introduction of a minimum reduction contribution for agriculture emissions could help identify the most cost-effective measures to push the decarbonisation of agriculture, making sure that each and every sector contributes its fair share to the 2030 GHG emission reduction targets. __________________ 1a European Environment Agency, “National action across all sectors needed to reach greenhouse gas Effort Sharing targets”, 10 March 2020, https://www.eea.europa.eu/themes/climate /trends-and-projections-in- europe/national-action-across-all-sectors

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 17

(17) Considering, the ~~introduction of a stre~~climate response to emissions and removals is asymmetrical, meaning th~~ened compliance regime in Regulation (EU) 2018/841 as of 2026, it is~~at one tonne of GHG emitted to the atmosphere cannot be compared to one tonne of GHG removed, the objective of enhancing removals by natural carbon sinks should be pursued strictly separately from the objective of rapidly reducing GHG emissions from other sectors, including non-CO2 agricultural emissions. It is therefore appropriate to abolish the deduction of the greenhouse gas emissions generated by each Member State in the period from 20261 to 2030 in the land sector in excess of its removals. Article 9(2) should therefore be ~~amend~~deleted accordingly.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN

Proposal for a regulation
Recital 18

(18) The setting of more ambitious targets under Regulation (EU) 2018/841 will decrease the capacity of Member States to generate net removals that can be used for compliance under Regulation (EU) 2018/842. In addition, the split of the use of the LULUCF flexibility into two separate time periods, will further limit the availability of net removals for the purpose of compliance with Regulation (EU) 2018/842. As a result, some Member States may face challenges in meeting their targets under Regulation (EU) 2018/842, while some Member States, the same or other, may generate net removals that cannot be used for compliance with Regulation (EU) 2018/842. As long as the Union objectives as set out in Article 3 of Regulation (EU) 2021/1119 are met, in particular with regard to the maximum limit of the contribution of net removals, it is appropriate to create a new voluntary mechanism, in the form of an additional reserve, that will help adhering Member States to comply with their obligations.deleted

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 18 a (new)

(18a) Given the long-term dimension of effective climate protection in line with Regulation (EU) 2021/1119 and the Union’s commitment to the objectives of the Paris Agreement, clarity about Member States’ individual long-term climate pathways beyond 2030 would allow for more accurate policy planning. It is therefore appropriate to include, among the provisions of the current Regulation, a process setting national net- zero targets, building upon the 2040 climate target as provided for under the Climate Law.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Recital 18 b (new)

(18b) Systemic deficiencies with regard to access to information, decision-making or compliance with environmental law can seriously threaten successful implementation of the Union commitment to the objectives of the Paris Agreement. The right to a legal recourse, to advance a widely shared public interest, remains an essential safeguard for the environment, human health and well-being and sustainable development. Therefore, in accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being and where the impacts of climate change and continued environmental degradation are addressed by the Member States as a matter of priority and urgency.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Regulation (EU) 2018/842
Title

(-1) The title is replaced by the following: "Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gase mission reductions by Member States from 2021 to 2030 and beyond contributing to climate action to meet commitments under the Paris Agreement and amending Regulation(EU) No 525/2013 and Regulation (EU) 2021/119 (‘European Climate Law’) "

2022/02/24
Committee: ENVI

Delara BURKHARDT, Tiemo WÖLKEN, Günther SIDL

Proposal for a regulation
Article 1 – paragraph 1 – point 1

(1) In Article 1~~, “30%” is replaced by “40%”;~~ is replaced by the following; Subject matter This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by 40% below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation and contributes to achieving the objectives of the Paris Agreement and the Union’s climate- neutrality target by 2050 at the latest, with the aim to achieve negative emissions thereafter as set out in Article 2(1) of Regulation (EU) 2021/1119 (‘European Climate Law’). This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions. This Regulation also lays down rules for setting a minimum Union-wide emissions reduction contribution of 15 % below 2005 levels in 2030 as regard the non- CO2 agriculture emissions covered by Article 2(1) of this Regulation. This Regulation also establishes measures to establish a just transition framework ensuring a clear governance of the transition with the involvement of social partners, rigorous employment impact assessment, anticipation of change through social dialogue, adaptation measures and social protection.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2018/842
Article 1

(1) In Article 1~~, “30%” is replaced by “40%”;~~ is replaced by the following: Subject matter This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by 40 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation and contributes to achieving the objectives of the Paris Agreement and the Union’s climate neutrality target by 2050 at the latest, with the aim to achieve negative emissions thereafter as set out in Article 2(1) of Regulation (EU) 2021/1119 (‘European Climate Law’). This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions. This Regulation also lays down rules for setting a minimum Union-wide emissions reduction contribution of 15 % below 2005 levels in 2030 as regard the non- CO2 agriculture emissions covered by Article 2(1) of this Regulation.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (b)

(b) do not exceed, in the years 2023~~, 2024 and 2025~~ to 2030, the limit defined by a linear trajectory starting in 2022, at the a~~nnual emission allocation for that Member State~~verage of its greenhouse gas emissions during 2018, 2019 and 2020, as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (c)

(c) do not exceed, in the years 2026 to 2030, the limit defined by a linear trajectory starting in 2024, at the average of its greenhouse gas emissions during the years 2021, 2022 and 2023, as submitted by the Member State pursuant to Article 26 of Regulation (EU) 2018/1999, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation.deleted

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 3 – sub paragraph 3

For the years 2023, 2024 and 2025, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in the second subparagraph.deleted

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 3 – sub paragraph 4

For the years 20263 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and on a comprehensive review of the most recent national inventory data for the years 20218, 202219 and 20230 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 3 f (new)

Regulation (EU) 2018/842
Article 4 a (new)

(3f) The following Article is inserted: 'Article 4a Minimum emissions reduction contribution from the agriculture sector for 2030 1. In order to achieve the minimum emissions reduction contribution of 15 % below 2005 levels by 2030 as regards the non-CO2 agriculture emissions covered by Article 2(1) of this Regulation as set out in Article 1 of this Regulation, by 31 December 2023 the Commission shall submit a report to the European Parliament and the Council, assessing the Union-wide emissions reductions planned under Common Agricultural Policy Strategic Plans pursuant to Regulation (EU) 2021/2115, the draft National Energy and Climate Plans pursuant to Regulation (EU) 2018/1999, and other relevant national laws and policies. If that assessment finds that the non-CO2 agriculture emission reductions are expected not to reach 15 % below 2005 levels in 2030, the Commission shall make recommendations for additional mitigation measures and Member States shall amend their CAP Strategic Plans within six months, accordingly. The Commission shall approve the requested amendment provided that it is coherent with the objective of this Regulation as set out in Article 1. 2. If the Commission finds, in its annual assessment under Article 26 of Regulation (EU) 2018/1999 in the year 2027 and every year there after, while taking into account the intended use of the flexibilities referred to in Articles 5 of this Regulation, that the Union is not making sufficient progress towards meeting the minimum emission contribution as regards the non-CO2 agriculture emissions set in Article 1 of this Regulation, the Commission shall, if appropriate, put forward a legislative proposal to that effect.'

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 3 m (new)

Regulation (EU) 2018/842
Article 5 – paragraph 6

(3m) In Article 5, paragraph 6 is replaced by the following: "6. Member States ~~may~~shall use revenues generated by transfers of annual emission allocations pursuant to paragraphs 4 and 5 to tackle climate change in the Union or in third countries. Member States shall inform the Commission of any actions taken pursuant to this paragraph. "

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point -4 a (new)

(-4a) Article 6 is deleted. (((This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout (deletion of all references to Article 6).))) Or. en ((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R0842))

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2018/842
Article 6 – paragraph 3a

(4) in Article 6 the following paragraph 3a is inserted: ‘ 3a. by 31 December 2023 if it intends to make use of the limited cancellation of EU ETS allowances referred to in paragraph 1, up to the percentage listed in Annex II for each of the years 2025 to 2030 for its compliance under Article 9. ’deleted. Malta shall notify the Commission

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point -5 a (new)

Regulation (EU) 2018/842
Article 7

(-5a) Article 7 is deleted. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout (deletion of all references to Article 7).)

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EU) 2018/842
Article 7

(5) Article 7 is amended as follows: (a) following: ‘ Additional use of net removals from LULUCF ’ (b) follows: (i) replaced by the following: ‘ To the extent that a Member State’s greenhouse gas emissions exceed its annual emission allocations for a given year, including any annual emission allocations banked pursuant to Article 5(3) of this Regulation, a quantity up to the sum of total net removals and total net emissions from the combined land accounting categories included in the scope of Regulation (EU) 2018/841, may be taken into account fordeleted the title is replaced by the paragraph 1 is amended as the introductory sentence its compliance under Article 9 of this Regulation for that year, provided that:. ’ (ii) following: ‘ (a) account for that Member State for the years 2021 to 2025 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State; (aa) the cumulative quantity taken into account for that Member State for the years 2026 to 2030 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State;. ’ (iii)point (a) is replaced by the the cumulative quantity taken into paragraph 2 is deleted.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)

Regulation (EU) 2018/842
Article 8 – paragraph 3

(5c) In Article 8, paragraph 3 is replaced by the following: "3. The Commission ~~may~~shall issue an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall in that case do so within four months of receipt of those plans. The Member State concerned shall take utmost account of the Commission’s opinion and ~~may~~shall revise its corrective action plan accordingly. "

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)

Regulation (EU) 2018/842
Article 8 – paragraph 3a (new)

(5d) In Article 8, the following paragraph 3a is added: “3a. The corrective action plans and Commission opinions referred to in the first and third paragraphs shall be made public.”

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point -6 c (new)

Regulation (EU) 2018/842
Article 9 – paragraph 2

2. If the greenhouse gas emissions of a Member State in either the period from 2021 to 2025 or the period from 2026 to 2030 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO 2 equivalent for the relevant years.(-6c) In Article 9, paragraph 2 is deleted. deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout (deletion of all references to Art 9(2).)

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 6

(6) In Article 9, paragraph 2 is replaced by the following: ‘2. a Member State in the period from 2021 to 2025 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years. ’deleted If the greenhouse gas emissions of

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EU) 2018/842
Article 9 – paragraph 2a (new)

(6a) In Article 9, the following paragraph is added: ‘2a. If a Member State exceeds its annual emissions allowance (AEA) in two or more consecutive years it shall undertake a review of its National Energy and Climate Plan (NECP) and national Long-Term Strategy (LTS). That review shall be completed within 6 months. The Commission may issue recommendations identifying how the NECP and/or LTS is to be revised. Member States shall notify the revised plans to the Commission together with a statement setting out how the proposed revisions are to remedy non- compliance with the national AEAs and how they have responded to the Commission’s recommendations where relevant. If the NECP or LTS remains substantially unaltered, the Member State shall publish an explanation setting out its reasoning.’

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EU) 2018/842
Article 11a

(7) The following article is inserted: ‘ Article 11a Additional reserve 1. If, by 2030, the Union has reduced net greenhouse gas emissions by at least 55% compared to 1990 levels in compliance with Article 3 of Regulation (EU) 2021/1119 of the European Parliament and of the Council**, and taking into account the maximum limit of the contribution of net removals, an additional reserve shall be established in the Union Registry. 2. Member States which decide to neither contribute nor benefit from the additional reserve shall notify their decision to the Commission no later than six months after the entry into force of this Regulation. 3. consist of the net removals that participating Member States have generated in the period 2026 to 2030 in excess of their respective targets pursuant to Regulation (EU) 2018/841, after deduction of both of the following: (a) Articles 11 to 13b of Regulation (EU) 2018/841; (b) the quantities taken into account for compliance pursuant to Article 7 of this Regulation. 4. If an additional reserve is set up pursuant to paragraph 1, a participating Member State may benefit from it if the following conditions are fulfilled: (a) the greenhouse gas emissions of the Member State exceed its annual emission allocations in the period from 2026 to 2030; (b) the flexibilities pursuant to Article 5(2) and (3); (c) the Member State has made the maximum use possible of net removals in accordance with Article 7, even if that quantity does not reach the level set in Annex III; and (d) transfers to odeleted The additional reserve shall any flexibilities used under the Member State has exhausted ther Member States under Article 5. 5. conditions set out in paragraph 4, it shall receive an additional quantity from the additional reserve up to its shortfall to be used for compliance under Article 9. If the resulting collective quantity to be received by all of the Member States which fulfil the conditions set out in paragraph 4 of this Article exceeds the quantity allocated to the additional reserve under paragraph 3 of this Article, the quantity to be received by each of those Member States shall be reduced on a pro rata basis.’ ** Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). ’ has made no net If a Member States fulfils the

2022/02/24
Committee: ENVI

Delara BURKHARDT, Tiemo WÖLKEN, Günther SIDL

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Regulation (EU) 2018/842
Article 11 b (new)

(7a) The following article is inserted: ‘Article 11b Just Transition 1. Member States shall carry out detailed Employment Impact Assessments (EIA) evaluating the impact that the obligations set out in this Regulation have on jobs and working conditions both at national and regional levels (NUTS 3 level). Employment Impact Assessments shall be conducted every two years from 2022 onwards and shall consider both the quantitative (number of jobs created and/or transformed and/or lost) as well as the qualitative effects (types and quality of jobs created and/or transformed and/or lost) on employment as well as expected skill needs in the sectors covered by article 2 of this Regulation. Member States shall submit Employment Impact Assessment to the Commission for the following two years by no later than 31 December. National Social Partners representing workers and employers in the land reporting categories and/or sectors covered by Article 2 of this Regulation shall be informed and consulted by Member States on the Employment Impact Assessments before submitting them to the Commission. National Employment Impact assessments shall also be transmitted to the European Parliament. 2. Resources allocated to employers in the sectors covered by Article 2 shall be conditional to the respect of applicable working and employment conditions and/or employer obligations resulting from all relevant collective agreements and social and labour law at national, Union and international levels. 3. Member States shall ensure a significant proportion of national and Union resources available for the implementation of this Regulation are invested in adaptation measures, quality job-creation, the strengthening of collective bargaining, gender equality, life-long learning, vocational training and social protection. 4. Member States shall establish an action plan to deliver on the obligations outlined in Article 11b (3) either by law after consulting social partners or in agreement between them, following a joint request, or with social partners. The action plan shall set out a clear timeline and concrete measures. The action plan shall be updated at least every two years, after consulting social partners, in agreement with social partners or between them, following a joint request. The action plan shall be made public and notified to the Commission. The Commission shall monitor progress and inform the European Parliament and the Council annually in that regard. 5. Any restructuring operation that may result as a consequence of the implementation of this Regulation, in particular those likely to have a negative impact on employment, shall be subject to effective, timely and quality information and consultation with trade unions and workers’ representatives with the aim to complement, and never replace, the information and consultation procedures referred to in Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community and to the specific procedures referred to in Article 2 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies and Article 7 of Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses and in Directive 2009/38/EC on the establishment of European Works Councils which shall apply. 6. Failure to properly inform and consult trade unions and worker representatives before a restructuring decision is finalised must be met with effective, dissuasive and proportionate sanctions, including the suspension of the company restructuring project until proper information and consultation procedures at local, national and European levels have been completed. Member States shall ensure that trade unions and worker representatives are granted the necessary means and rights to seek redress before competent courts. 7. Member States shall ensure that any restructuring operation shall be integrated into a long-term strategy that aims to ensure and strengthen the long- term sustainability of the businesses through the anticipation of change, the involvement of trade unions and the forward planning of employment and skills needs. 8. When the need to restructure occurs, companies shall consider redundancies only as last resort and only after having considered all possible alternative solutions and identified supporting measures with the involvement of trade unions and in full respect of the right to bargain collectively. 9. Member States shall ensure the timely consultation and effective involvement of national social partners in the sectors outlined in Article 2 with regard to the development and implementation of national measures implementing this regulation. 10. Member States shall apply effective, dissuasive and proportionate penalties where the obligations set out in Article 11 b (5), (7), (8) or (9) have been violated.’

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 7 g (new)

Regulation (EU) 2018/842
Article 15a (new)

(7g) The following article is inserted: ‘Article 15a Alignment with Union and Member States climate neutrality objective 1. By 31 December 2026, the Commission shall submit a report to the European Parliament and the Council which evaluates: (a) the suitability of the current national targets under Annex I as regards their contribution to the objective of climate neutrality by 2050 under Regulation (EU) 2021/1119 in a cost- effective manner; (b) a reduction pathway for each Member State’s greenhouse gas emissions covered by this Regulation that is compatible with the objective of climate neutrality for every Member State with minimum divergence between all Member States reaching that objective. 2. Based on the report referred to in paragraph 1, the Commission shall, if appropriate, submit a legislative proposal to achieve the objectives referred to in paragraph 1. 3. With a view to achieving the climate-neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119 (‘ European Climate Law’) and the Union’s commitments under the Paris Agreement, the Commission shall put forward a legislative proposal, as appropriate, to amend this Regulation to set national GHG emission reduction targets in line with the Union’s 2040 climate target. That proposal shall be published no later than 6 months after the adoption of the Union’s new climate target for 2040.’

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Article 1 – paragraph 1 – point 7 g (new)

Regulation (EU) 2018/842
Article 15b (new)

(7g) The following article is inserted: “Article 15b Access to justice 1. Member States shall ensure that, natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the obligations pursuant to Article 4 of this Regulation, when one of the following conditions is fulfilled: (a) they have a sufficient interest; (b) they maintain the impairment of a right, where the administrative procedural law of the relevant Member State requires this as a precondition. 2. Member States shall determine at what stage the decisions, acts or omissions may be challenged. 3. What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice in line with the Aarhus Convention. To that end, the interest of any non- governmental organisation promoting environmental protection and meeting the requirements under national law shall be deemed sufficient for the purposes of paragraph 1, point (a). Such organisations shall also be deemed to have rights capable of being impaired for the purposes of paragraph 1, point (b). 4. Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. 5. Any such review procedure referred to in paragraph 1 and 4 shall be fair, equitable, timely and not prohibitively expensive. 6. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.”

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point -9 a (new)

Regulation (EU) 2018/842
Annex II

(-9a) Annex II is deleted.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/842
Annex II – row 5

~~(9) In Annex II the entry for Malta is replaced by the following: [...]~~deleted

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point -10 a (new)

Regulation (EU) 2018/842
Annex III

(-10a) Annex III is deleted.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2018/842
Annex III – title

(10) The title of Annex III is replaced by the following: ‘ TOTAL NET REMOVALS FROM THE CATEGORIES OF LAND COVERED BY REGULATION (EU) 2018/841 THAT MEMBER STATES MAY TAKE INTO ACCOUNT FOR COMPLIANCE FOR THE PERIOD 2021 TO 2030 PURSUANT TO POINT (a) OF ARTICLE 7(1) OF THIS REGULATION ’deleted

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 a (new)

Regulation (EU) 2018/1999
Article 4 – paragraph 1 – point (a)

Article 1a Regulation (EU) 2018/1999 is amended as follows: In Article 4, paragraph 1, point (a) the following subparagraph is added: Member States shall demonstrate for each target and commitment how the planned measures are to contribute to their achievement, and explain the methodology used for their emissions reduction projections. With regard to sectors covered under Regulation (EU) 2018/842, Member States shall specify for each sector the expected emissions reduction level by the end of the period covered.”

2022/02/24
Committee: ENVI

40 Amendments of Tiemo WÖLKEN related to 2021/0200(COD)

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