29 Amendments of Werner LANGEN related to 2008/0013(COD)
Amendment 54 #
Proposal for a directive – amending act
Recital 7 a (new)
Recital 7 a (new)
(7a) Especially energy-intensive industries should be exempted from allowance auctioning. This rule should apply at least until 2020 and, subject to an international agreement, thereafter. The extent of free allocation should not, however, be restricted, but must be 100%. The mandatory exemption of energy-intensive industries should only cease when an international successor agreement to Kyoto has guaranteed equal conditions of competition for industrial production worldwide.
Amendment 56 #
Proposal for a directive – amending act
Recital 7 b (new)
Recital 7 b (new)
(7b) Installations with annual CO2 emissions below 25 000 CO2 should not be covered by this directive;
Amendment 98 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonized Community-wide rules ("benchmarks") in order to minimise distortions of competition with the Community. These rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables, clean energy carriers such as hydrogen and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heat, heat and industrial gases supplied to industrial installations. These rules should apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the set aside for new entrants in 2020 should be auctioned.
Amendment 107 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali21 towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy intensive sectors and sub-sectors, sub-sectors, and parts of installations including heat or industrial gases supply thereto owned and/or operated by third parties, in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community will allocate allowances free of charge up to 100% to sectors or sub-sectors meeting the relevant criteria. The definition of these sectors and sub-sectors and the measures required will be subject to reassessment to ensure that action is taken where necessary and to avoid overcompensation. For those specific sectors or sub-sectors where it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, the action taken may take into account the electricity consumption in the production process, without changing the total quantity of allowances.
Amendment 114 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should therefore review the situation by June 20110 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify which energy intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 20106 months after the date of entry into force of this Directive. It should base its analysis on the assessment of the inability to pass on the cost of required allowances and the indirect effect of C02 pass-on in electricity prices in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy- intensive industries which are determined to be exposed to a significant risk of carbon leakage couldwill for direct and if relevant indirect emissions receive a higher amount of free allocation or. For some sectors an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement.
Amendment 126 #
Proposal for a directive – amending act
Recital 28
Recital 28
(28) In order to clarify the coverage of all kinds of boilers, burners, turbines, heaters, furnaces, incinerators, kilns, ovens, dryers, engines, flares, and thermal or catalytic afterburning and engines by this Directive, a definition of combustion installation should be added.
Amendment 137 #
Proposal for a directive – amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – point c
Article 3 – point c
(c) 'greenhouse gases' means the gases listed in Annex II and other gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and gases which are defined as such within the framework of future international agre-emit infrared radiationents;
Amendment 142 #
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2003/87/EC
Article 3 – point h
Article 3 – point h
(h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit subsequent to the submission to the Commission of the list referred to in Article 11(1) and increases in capacity in existing installations;
Amendment 146 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point t
Article 3 – point t
(t) 'Combustion installation' means any stationary technical unit in which fuels are oxidised producing heat or mechanical energy or both, and other directly associated activities including waste gas scrubbing are carried outfor delivery to final consumers outside the combustion installation concerned;
Amendment 153 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u a (new)
Article 3 – point u a (new)
(ua) ‘electricity-intensive businesses’ are business entities in accordance with Annex 2 ab.
Amendment 183 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(ca) to enable further development of clean energy carriers, such as hydrogen;
Amendment 202 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, by 30 June 20110, adopt additional Community -wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 and 8a in a harmonised manner.
Amendment 212 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity productionand shall not give incentives to increase emissions.
Amendment 239 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Subject to paragraph 3, no free allocation shall be given to electricity generatorproduced outside cogeneration installations, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.
Amendment 245 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equaCogeneration installations within the meaning of Directive 2004/8/EC shall treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installationceive a free allocation of allowances ion respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9the basis of standard Europe-wide benchmarks. They shall be issued and controlled as part of a harmonised procedure.
Amendment 255 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
4. The maximum amount of allowances that is the basis for calculating allocations for direct emissions to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary. The maximum amount of allowances that is the basis for calculating allocations for indirect emissions to installations which carry out activities in 2013, shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that European electricity generation within the Community emitted. A correction factor shall be applied where necessary.
Amendment 259 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. The maximum amount of allowances for direct emissions that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9. The maximum amount of allowances that is the basis for calculating allocations for indirect emissions to installations which are only included in the Community scheme from 2013 onwards, shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding emissions in the period 2005 to 2007 that European electricity generation within the Community emitted. A correction factor shall be applied where necessary.
Amendment 263 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6
Article 10a – paragraph 6
6. Five percent of the Community-wide quantity of allowances determined in accordance with Articles 9 and 9a over the period 2013 to 2020 shall be set aside for new entrants, as the maximum that may be allocated to new entrants in accordance with the rules adopted pursuant to paragraph 1 of this ArticleNew entrants shall receive an allocation from the budget set aside for the auction. Allocations shall be adjusted by the linear factor referred to in Article 9. No free allocation shall be made in respect of any electricity production by new entranttake place by analogy with existing installations.
Amendment 282 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 7
Article 10a – paragraph 7
7. Subject to Article 10b, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013 shall be 80% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in noFor the installations listed in Annex I, Community-wide uniform benchmarks shall be set, and shall be adopted and monitored according to a harmonised procedure. On the basis of these benchmarks, installations may receive a 100% free allocation. After 2013 the total allocation to such installations shall be adjusted annually by the linear factor referred to in Article 9. Installations not producing electricity from cogeneration shall be excluded from this free allocation in 2020.
Amendment 292 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
Amendment 299 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9
Article 10a – paragraph 9
Amendment 316 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
Measures to support certain energy intensive industries in the event of carbon leakage Not later than June 2011, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied byelectricity-intensive undertakings. Operators of electricity-intensive installations as defined in Article 3 (ua) shall receive any appropriate proposals, which may include: – adjusting the proporllocation of allowances received free of charge by those sectors or sub-sectors under Article 10a, – inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriateased on the amount of CO2 emitted in producing the electricity they consume. This allocation shall be determined on the basis of benchmarks.
Amendment 371 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, together with the approval of the owner of the installation stating his whish to make use of the opt-out; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
Amendment 379 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Upon the conclusion by the Community of an international agreement on climate change leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council, paragraphs 2, 3 and 4 shall applyfor all States with noteworthy activities in the sectors in Annex 1 and 2ab exceeding the minimum reduction levels agreed upon by the European Council, and in so far as it has previously been proved that this agreement leads in other Member States to comparable CO2 costs for the sectors in Annex 1 and 2ab, paragraphs 2, 3 and 4 of this Article shall apply. This proof shall be furnished by the Commission.
Amendment 384 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
2. From the year following the concluspresentation of the international agreementCommission’s analysis referred to in paragraph 1, the linear factor shall increase so that the Community quantity of allowances in 2020 is lower than that established pursuant to Article 9, by a quantity of allowances equivalent to the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9a. These rules shall only enter into effect if the Commission’s analysis is presented before 2015.
Amendment 391 #
Proposal for a directive – amending act
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex I – point 2
Annex I – point 2
Amendment 397 #
Proposal for a directive – amending act
Annex I – point 4
Annex I – point 4
Directive 2003/87/EC
Annex I – table – chemical industry - rows 6 and 7 –column 1
Annex I – table – chemical industry - rows 6 and 7 –column 1
Production of basic organic chemicaethyls and propyls by cracking, or reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per day Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day
Amendment 402 #
Proposal for a directive – ‘amending act
Annex II a (new)
Annex II a (new)
Directive 2003/87/EC
Annex IIa a (new)
Annex IIa a (new)
ANNEX IIA: The following Annex is added to Directive 2003/87/EC: ‘ANNEX IIaa Production of chlorine, caustic soda, caustic potash and alcoholates through electrolysis Production of hydrofluoric acid through electrolysis Production of gases through air separation Production of calcium carbide in electric furnaces Production of hydrogen peroxide Production of polycrystalline silicon Production of polygranulare carbon and graphite’
Amendment 404 #
Proposal for a directive – amending act
Annex II b (new)
Annex II b (new)
Directive 2003/87/EC
Annex IIa b (new)
Annex IIa b (new)
ANNEX IIB The following Annex IIab shall be added to Directive 2003/87/EC: "List of energy-intensive production facilities referred to in Articles 2 and 10 in order to give investment certainty EU Manufacturing Industry receiving 100% free allocation under Articles 10a, paragraph 8. The industries detailed below shall establish benchmarking and/or performance standards as basis for free allocation of allowances. The details of the benchmarks to be established, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. Cement Ceramics Chemicals Glass Iron and Steel Lime Potash and Salt Non-Ferrous Metals Pulp and Paper Refineries¨