31 Amendments of Peter LIESE related to 2021/0211(COD)
Amendment 185 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) According to the European Union Methane Strategy, published in October 2020, 26 % of the continent’s methane emissions come from waste. Worldwide, landfills and dumpsites are predicted to account for 8 – 10 % of all anthropogenic greenhouse gas emissions by 2025. The Union should aim to significantly reduce landfilling in the Union and should in any case avoid that the future inclusion of waste incineration in the EU ETS creates an unlevel playing field and leads to increased landfilling. Therefore, the Commission should also assess the possibility and feasibility to include all waste management processes, such as landfills, fermentation, composting and mechanical-biological treatment, in the EU ETS.
Amendment 311 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) CBAM is a mechanism that addresses the risk of carbon leakage through the application of a uniform price on emissions embedded in products placed on the domestic EU market. Therefore, it is important to also monitor, prevent and address the risk of EU production intended for export to third countries being replaced on the global market by more carbon intensive goods. Hence, the Commission should continuously monitor and assess the effectiveness of the Carbon Border Adjustment Mechanism (CBAM) in light of the carbon leakage risk on export markets, including the development of EU exports in CBAM sectors and the developments in trade flows and embedded emissions of related products on the global market. Where a risk of carbon leakage is detected, the Commission should present a WTO- compatible legislative proposal to address the carbon leakage risk on export markets.
Amendment 357 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) So far only around 8 % (about EUR 52 billion) of support under the national Recovery and Resilience Plans is allocated to industry and to support industry in the climate transition. In order to ensure that the introduction of the new own resource based on 25 % of the revenue of the strengthened EU ETS for the stationary, aviation and maritime sectors contributes not only to the repayment of NextGenerationEU debts, but also to the Union’s climate mainstreaming objectives as required by the Interinstitutional Agreement of 16 December 2020, Member States should significantly increase their share of the Recovery and Resilience Plans dedicated to support industry in the climate transition.
Amendment 363 #
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, 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 will be an important mechanism to support the development of decarbonisation technologies such as CCS and CCU and optimises the use of available resources. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 381 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) With the increase of EU ETS prices, revenues from the EU ETS for Member States and the EU have increased substantially. To acknowledge the contribution of EU ETS revenues to the transition of the European industry as well as the support to vulnerable people in the EU to enable them to switch to environmentally friendly alternatives, an EU ETS label should be introduced. Member States and the Commission should ensure the visibility of funding from EU ETS revenues by displaying an appropriate label for all supported projects and activities on national level or through EU funds.
Amendment 383 #
Proposal for a directive
Recital 39
Recital 39
(39) Commission Implementing Regulation (EU) 2018/206654 lays down rules on the monitoring of emissions from biomass which are consistent with the rules on the use of biomass laid down in the Union legislation on renewable energy. As the legislation becomes more elaborate on the sustainability criteria for biomass with the latest rules established in Directive (EU) 2018/2001 of the European Parliament and of the Council55 , the conferral of implementing powers in Article 14(1) of Directive 2003/87/EC should be explicitly extended to the adoption of the necessary adjustments for the application in the EU ETS of sustainability criteria for biomass, including biofuels, bioliquids and biomass fuels. In addition, the Commission should be empowered to adopt implementing acts to specify how to account for the storage of emissions from mixes of zero-rated biomass and biomass that is not from zero- rated sources. For maritime transport, the implementing acts shall ensure consistency with Regulation (EU) .../... [FuelEU Maritime] by taking into account well-to-wake performance of renewable and low-carbon fuels. _________________ 54Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1). 55Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 412 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) The increasing energy prices are a big concern for citizens, especially low- income families, and industry, especially SMEs. The main cause of rising energy prices is our dependency on fossil fuel imports. That is why the Fit for 55 Package will, in the future, avoid such constraints. In addition to that, the EU ETS should also be better designed to mitigate the minor part of the problem that is linked to the volatility of EU ETS market prices.
Amendment 413 #
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
(42b) Unexpected or sudden market volatility or excessive price shocks on the EU carbon market, for example, as a result of sudden changes in market behaviour or excessive speculation, negatively affect market predictability and the stable investment climate which is essential for the planning of decarbonization and innovation investments. Therefore, the measures in the event of excessive price fluctuations will be strengthened in a targeted manner to improve the assessment of and reaction to unwarranted price evolutions. These targeted improvements should continue to ensure the proper functioning of the carbon markets, including the role of intermediaries and financial actors in providing liquidity to the market and market access for compliance actors, notably SMEs, while avoiding unexpected or sudden volatility or price shocks.
Amendment 414 #
Proposal for a directive
Recital 42 c (new)
Recital 42 c (new)
(42c) The European Securities and Markets Authority (ESMA) is preparing an assessment of carbon market integrity and transparency, expected to be published by the end of March 2022. This report should be followed, as soon as possible, by a legislative proposal by the Commission to introduce a transparency mechanism for the European carbon markets. However, to continuously monitor market integrity and transparency and guide any rapid potential action, the European Securities and Markets Authority (ESMA) should annually assess and report on the market integrity and transparency of the market and, where relevant, issue further recommendations for targeted improvements. This annual assessment should in particular examine market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Targeted improvements could, for example, include a modification of the reporting of positions held by different categories of participants and penalty mechanisms for market abuse as set out in Regulation (EU) No 596/2014 [Market Abuse Regulation], for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. The recommendations should be assessed in the Commission report which may be accompanied, where appropriate, by a legislative proposal by the Commission to improve integrity and transparency of the European carbon markets.
Amendment 450 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44a) The Social Climate Fund will be endowed with a baseline allocation in the Union budget, which will also benefit from annual reinforcements in alignment with a higher carbon price, by means of an automatic adjustment of the relevant MFF ceilings, in order to further support households and transport users in making the climate transition. It should be an integral part of the Union budget in order to preserve the unity and integrity of the budget, respect the Community method and ensure that there is effective control by the budgetary authority, composed of the European Parliament and the Council.
Amendment 533 #
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) Since the transport sector is currently the only sector that has failed to deliver any reductions of greenhouse gas emissions, a significant level of investment in sustainable transport options is required to achieve the Union climate goals and support a modal shift to environmentally friendly forms of transport. Therefore, at least 15 % of the expected revenues from the increased trading of emissions to arise as a result of the extension of the scope of the EU ETS and the introduction of a new EU ETS for heating, transport and other fuels pursuant to this Directive, including 15 % of the national revenues to be allocated by Member States as well as 15 % of the revenues under the Innovation Fund, should be allocated to the further development of public transport, in particular railway and bus systems.
Amendment 751 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gb – paragraph 1
Article 3gb – paragraph 1
In respect of emissions from maritime transport activities listed in Annex I, the administering authority shall ensure that a shipping company under its responsibility monitors and reports the relevant parameters during a reporting period, and submits aggregated emissions data at company level to the administering authority in line with Chapter II of Regulation (EU) 2015/757 of the European Parliament and of the Council (*). To ensure consistency with Regulation (EU) .../.... [FuelEU Maritime] these emissions shall include the release of carbon dioxide (CO2), methane (CH4) and nitrous oxides (N2O). _________ (*) Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 760 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EU
Article 3gd a (new)
Article 3gd a (new)
Article 3gda Contractual arrangements 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, that entity shall be responsible under the contractual arrangement for covering the costs arising from the implementation of this Directive. For the purposes of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of the ship. 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 of this Article in accordance with Article 16.
Amendment 783 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EU
Article 3h – paragraph 1 a (new)
Article 3h – paragraph 1 a (new)
By 31 December 2025, the Commission shall also assess the possibility to include other waste management processes, in particular methane and nitrous oxide emissions from landfills in the Union, in the EU ETS. The Commission shall, where appropriate, accompany that report with a legislative proposal to include these sectors in the EU ETS.
Amendment 868 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EU
Article 10 – paragraph 3 – subparagraph 1 – point f
Article 10 – paragraph 3 – subparagraph 1 – point f
(ba) in paragraph 3, first subparagraph, point (f) is replaced by the following: “(f) to encourage a shift to low- emission, zero-emission and public forms of transport;, including the development of passenger and freight rail transport and bus services and technologies;”
Amendment 889 #
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/EU
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
(ca) in paragraph 3, the following subparagraph is inserted: “By way of derogation from the first subparagraph, Member States shall use at least 15 % of the revenues generated from the auctioning of allowances for the development of public transport, in particular passenger and freight rail transport and bus services and technologies, as referred to in point (f) of the first subparagraph.”
Amendment 914 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Article 1 – paragraph 1 – point 11 – point d a (new)
Directive 2003/87/EU
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
(da) the following paragraph is added: “5a. Following the first European Securities and Markets Authority (ESMA) assessment of carbon market integrity and transparency to be published by the end of March 2022, the Commission shall, where appropriate, present as soon as possible a legislative proposal to introduce a transparency mechanism for the European carbon markets.”
Amendment 915 #
(db) the following paragraph is added: “5b. The European Securities and Markets Authority (ESMA) shall regularly monitor the market integrity and transparency of the European carbon market. Each year, it shall produce a public report on the market integrity and transparency of the market, in particular examining the functioning of the market in light of any market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Where relevant, this report shall include recommendations to strengthen market integrity and transparency. These recommendations shall, in particular, consider targeted revisions of the measures in the event of excessive price fluctuations or a modification of the penalty mechanisms, for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. These recommendations shall be assessed in the Commission report pursuant to paragraph 5 which shall be accompanied, where appropriate, by a legislative proposal by the Commission to improve the transparency and integrity of the European carbon market pursuant to Article 29.”
Amendment 1077 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b a (new)
Article 1 – paragraph 1 – point 12 – point b a (new)
Directive 2003/87/EU
Article 10a – paragraph 1a a (new)
Article 10a – paragraph 1a a (new)
(ba) the following paragraph is inserted: “1aa. Each year starting in 2025, as part of the annual Commission report pursuant to Article 10(5), the Commission shall present a report to the European Parliament and to the Council monitoring the effectiveness of the Carbon Border Adjustment Mechanism (CBAM) in addressing the carbon leakage risk for EU production for export to third countries without EU ETS or similar regulation. The report shall in particular assess the development of EU exports in CBAM sectors and the developments in trade flows and embedded emissions of covered products on the global market. Where the report finds such a carbon leakage risk for EU production for export to third countries, the Commission shall, where appropriate, present a legislative proposal to address the carbon leakage risk for EU production exported to third countries in a manner compliant with WTO rules.”
Amendment 1180 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
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, transport and geological storage (“CCS”) of CO2, 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 and forand the production of low- and zero-carbon fuels in aviation, rail and road transport, including collective forms of transport such as public transport and occasional coach services. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, CO2 transport, renewable energy and energy storage, in a way that contributes to mitigating climate change. The Innovation Fund may also support break-through innovative technologies in the agriculture sector and the reduction of emissions in the waste sector. A significant amount of the Innovation Fund shall be earmarked for projects to support innovation and new technologies in the aviation sector, in particular those related to operational, aeronautics, airframe, and engine innovation, and clean and sustainable aviation fuels to reduce greenhouse gas emissions, including projects that address the total climate impact of aviation.
Amendment 1196 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
At least 15 % of the allowances made available to the Innovation Fund under this paragraph shall be used for the further development of public transport, in particular railway and bus systems, addressing both the physical and digital infrastructure and fleets.
Amendment 1198 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
The Innovation Fund may also support Carbon Contracts for Difference (CCDs) to support decarbonisation technologies like CCS and CCU for which the carbon price might not be a sufficient incentive. The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the rules on the operation of the CCDs by the 31 December 2023.
Amendment 1341 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal.
Amendment 1360 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Those implementing acts shall apply the sustainability and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001 of the European Parliament and of the Council(*), with any necessary adjustments for application under this Directive, for this biomass to be zero-rated. They shall specify how to account for storage of emissions from a mix of zero-rated sources and sources that are not zero-rated. They shall also specify how to account for emissions from renewable fuels of non- biological origin and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided.” For maritime transport, the implementing acts shall specify how to account for the well-to-tank emissions of renewable and low-carbon fuels.;
Amendment 1388 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2007/87/EU
Article 29 a
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than threetwo times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/ECrelease 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
Amendment 1402 #
Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
Directive 2003/87/EC
Article 30 – paragraphs 3 a and 3 b (new)
Article 30 – paragraphs 3 a and 3 b (new)
(20a) In Article 30, the following paragraphs are inserted: “3a. The Social Climate Fund is to be financed by the general EU budget, whose revenue side will benefit from the introduction of a diverse basket of new own resources, including the EU ETS- based on resource pursuant to the roadmap of the IIA. 3b. In order to ensure that the available appropriations for the Social Climate Fund in the EU budget shall evolve in alignment with the carbon price and thus support vulnerable households and transport users, a Carbon Price Fluctuation Adjustment Mechanism will enable annual reinforcements; the detailed provisions are to be provided for in the Multiannual Financial Framework Regulation which in accordance with Article 312 TFEU which will ensure that the relevant expenditure ceilings are adjusted automatically each year in function of and in alignment with the rate of change of the carbon price under the EU ETS for Buildings and Road Transport;”
Amendment 1466 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 – point b
Article 30 d – paragraph 5 – subparagraph 1 – point b
(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 or measures to encourage a shift to public forms of transport, in particular the development of passenger and freight rail transport and bus services and technologies, and improve multimodality, or to provide financial support in order to address social aspects concerning low and middle-income transport users.
Amendment 1471 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 a (new)
Article 30 d – paragraph 5 – subparagraph 1 a (new)
Amendment 1532 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive 2003/87/EU
Chapter IV a a (new)
Chapter IV a a (new)
Amendment 1570 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
Decision 2015/1814/EU
Article 1 – paragraph 7
Article 1 – paragraph 7
(ca) paragraph 7 is replaced by the following: "7. In any year, if paragraph 6 of this Article is not applicable and measures are adopted under Article 29a, paragraph 1 of Directive 2003/87/EC, 100 million allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC. Where fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph. ”; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015D1814- 20180408&qid=1644861141149)
Amendment 1682 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III –point 1
Annex III –point 1