Activities of Michael BLOSS related to 2021/0211(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757
Amendments (146)
Amendment 118 #
Proposal for a directive
Recital 1
Recital 1
(1) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)36 . Its Parties have agreed to hold the increase By adopting the Glasgow Climate Pact, its Parties recognised that limiting the global average temperature well below 2increase to 1,5 °C above pre-industrial levels and to pursue efforts to limit the temperature increase towould significantly reduce the risks and impacts of climate change, and committed to increase their 2030 climate targets to close the ambition gap. Aligning the European Union Emissions Trading System (EU ETS) with the 1,5 °C above pre- industrial levelstarget is a unique opportunity for the Union to contribute to the international climate effort to close the ambition gap before the United Nations Framework Convention on Climate Change 27th session of the Conference of the Parties (UNFCCC COP27) in Egypt. _________________ 36 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
Amendment 121 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Latest climate science in the IPCC Sixth Assessment Report of August 2021 and the 2020 UNEP Emissions Gap Report indicate that, despite a brief dip in carbon dioxide emissions caused by the COVID-19 pandemic, the world is still heading for a temperature rise in excess of 3°C this century. It also stresses that the levels of ambition in the Paris Agreement must be roughly tripled for the 2°C pathway and increased at least fivefold for the 1,5°C pathway.
Amendment 125 #
Proposal for a directive
Recital 2
Recital 2
(2) Tackling climate and environmental-related challenges and reaching the objectives of the Paris AgreeAccelerating the green transition to a climate-neutral, sustainable, non- toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way while protecting, restoring and improving the state of the environment areis at the core of the Communication on “The European Green Deal”, adopted by the Commission on 11 December 201937 . _________________ 37 COM(2019)640 final8th Environmental Action Programme.
Amendment 138 #
Proposal for a directive
Recital 5
Recital 5
Amendment 140 #
Proposal for a directive
Recital 6
Recital 6
(6) In Regulation (EU) 2021/1119 of the European Parliament and of the Council40 the Union has enshrined the target of achieving an economy- wide climate neutrality by 2050 in legislation. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030. balance between anthropogenic emissions and removals by sinks of greenhouse gas emissions within the Union by 2050 at the latest in legislation. _________________ 40Regulation (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).
Amendment 147 #
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions, while implementing the polluter pays principle established in the Treaties. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should bbenchmarks should be applicable independent of the nature of the production process. It is therefore necessary to modifyrevise, as soon as possible, the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new and existing technologieinnovative, zero-emission technologies and to take into account circularity potentials. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of hydrogen outside the refineries sector. Moreover, free allocation should end as soon as the Carbon Border Adjustment Mechanism fully enters into force. Additional revenues created by phasing out free allowances should be used to support those companies that are committed to rapid decarbonisation through the Innovation Fund and the establishment of Carbon Contract for Differences.
Amendment 162 #
Proposal for a directive
Recital 10
Recital 10
(10) In its Communication ‘Pathway to a Healthy Planet for All’44 , the Commission calls for steering the EU towards zero pollution by 2050, by reducing pollution across air, freshwaters, seas and soils to levels which are no longer expected to be harmful for health and natural ecosystems. Measures under Directive 2010/75/EU, as the main instrument regulating air, water and soil pollutant emissions, will often also enable emissions greenhouse gases to be reduced. In line with Article 8 of Directive 2003/87/EC, Member States should ensure coordination between the permit requirements of Directive 2003/87/EC and those of Directive 2010/75/EUemissions at the source, should also address greenhouse gas emissions. Operating permits should be revised by 2025 at the latest to include greenhouse gas emissions and provide for decarbonisation measures. _________________ 44Communication from the Commission to the European Parliament, the Council, the European Economic And Social Committee and the Committee of the Regions Pathway to a Healthy Planet for All, EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' (COM/2021/400 final).
Amendment 168 #
(12a) The inclusion of municipal waste incineration installations in the EU ETS would contribute to the circular economy by encouraging recycling, reuse and repair of products, while also contributing to economy-wide decarbonisation. Accordingly, municipal waste incineration installations should be included within the scope of the EU ETS as of the entry into force of this Directive.
Amendment 170 #
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be consideunavoidable industrial process emissions, where no direct emission reduction options ared as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtainvailable, and are stored in a storage site ing a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removalsccordance with Directive 2009/31/EC of the European Parliament and of the Council46. _________________ 46 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 203 #
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it isIt is therefore appropriate that the EU ETS covers a share ofll the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half ofl the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half ofl the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of thee coverage of all emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emIn line with the position of the Parliament expressed in the context of the revissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified of Regulation (EU) 2015/757, the extension of the EU ETS to greenhouse gas emissions forom the maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each yearsector should apply immediately, and corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding yearver a broad range of greenhouse gas emissions. _________________ 49 Paris Agreement, Article 4(4).
Amendment 221 #
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the CommissionEuropean Scientific Advisory Board should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 - to the European Parliament and to the Council on progress in the IMO negotiations concerning a global market- based measure. In its report, the CommissionEuropean Scientific Advisory Board should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those their compatibility with the objective of limiting global warming under 1,5°C above pre- industruments in Union law through a revision of Directive 2003/87/EC. In iial levels. The Commission may only revise the provisions applying to international maritime transport activities if that report demonstrates that the IMO instruments areport, the Commission should include proposals as appropriate fully compatible with the objective of limiting global warming under 1,5°C above pre-industrial levels.
Amendment 230 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The successful transition to zero- emission shipping requires an integrated approach and the appropriate enabling environment to stimulate innovation, both on ships and in ports. That enabling environment involves public and private investment in research and innovation, technological and operational measures to improve the energy efficiency of ships, and the deployment of sustainable alternative fuels that are produced from renewable energy sources, such as green hydrogen and ammonia, and of zero- emission propulsion technologies, including the necessary refuelling and recharging infrastructure in ports. An Ocean Fund should be established from revenues generated from the auctioning of maritime allowance under the EU ETS to improve the energy efficiency of ships and support investment aimed at helping to decarbonise maritime transport, including in short sea shipping and ports.
Amendment 244 #
Proposal for a directive
Recital 26
Recital 26
(26) AchievingFor the Union’ and its Memissions reduction target for 2030 will require a reduction in theber States to participate to the global effort to keep 1,5°C within reach, emissions of the sectors covered by the EU ETS of 61 %should be reduced by at least 70 % by 2030 compared to 2005. The Union-wide quantity of allowances of the EU ETS needs to be reduced to create the necessary long-term carbon price signal and drive for this degree of decarbonisation. To this end, the linear reduction factor should be increased, also taking into account the inclusion of emissions from maritime transport. The latter should be derived from the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor.
Amendment 248 #
Proposal for a directive
Recital 27
Recital 27
(27) Bearing in mind that this Directive amends Directive 2003/87/EC in respect of a period of implementation that has already started on 1 January 2021, for reasons of predictability, environmental effectiveness and simplicity, the steeper linear reduction pathway of the EU ETS should be a straight line from 2021 to 2030, such as to achieve emission reductions in the EU ETS of 61 % by 2030, as the appropriate intermediate step towards Union economy-wide climate neutrality in 2050. As the increased linear reduction factor can only apply from the year following the entry into force of this DirectiveIn order to align the EU ETS cap to the current verified emissions, a one-off reduction of the quantity of450 million allowances should reduce the total quantity of allowances so that it is in line with this level of annual reduction having been made from 2021 onwardsas of the year of entry into force of this Directive.
Amendment 254 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Predictability is needed to ensure constant progress towards achieving the targets set out in Regulation (EU) 2021/1119. A rising carbon floor price would provide mid- and longer-term incentives for operators to invest in zero- emission technologies in line with the EU's climate targets.
Amendment 259 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspectMember States should adopt ex- ante plans ion lhower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC they intend to use EU ETS revenues to close the investment gap associated with their respective climate and energy targets, while ensuring a just transition and respecting the EU Pillar of Social Rights. To ensure synergies with the Social Climate Fund, priority should be given to investments that also contribute to eradicate energy and mobility poverty.
Amendment 270 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Taking into account the findings of the European Court of Auditors in its Special Report 18/2020, the possibility for some Member States to temporarily continue receiving free allocation for the modernisation of their energy sectors should end.
Amendment 283 #
Proposal for a directive
Recital 29
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investments in techniques to increase energy efficiency and reduce emissions. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed withTaking into account the findings of the European Court of Auditors in its Special Report 18/2020, free allocation of emission allowances to stationary installations should be discontinued as of the entry into force of this Directive, except for sectors covered by CBAM for which free allocation of emission allowances could be granted until the end of the CBAM transitional period. In that case, free allocation of emission allowances should be made conditional on the adoption of a detailed Decarbonisation and Zero Pollution Plan at the rlevised EED]. The relevant delegated acts should be adjusted accordinglyel of each installation.
Amendment 290 #
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAMstop receiving free allocation from the moment CBAM enters into force. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. zero- emission technologies, renewable energy and energy storage, prioritising solutions that address the root causes of high greenhouse gas emissions, and including through the use of Carbon Contracts for Differences for zero- emission technologies that have significantly higher ongoing operating costs than the reference conventional technology for producing the same product. Special attention should be given to projects in CBAM sectors. _________________ 51 [please insert full OJ reference]
Amendment 316 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Indirect cost compensation is not in line with the Union´s efforts to achieve its climate goals, the Union´s energy efficiency objectives and with the objective of phasing-out fossil fuels subsidies. Therefore, state aid support schemes referred to in Article 10a(6) to compensate for indirect costs for electricity intensive industries should be discontinued as of the entry into force of this Directive.
Amendment 322 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to better reflect technological progress and adjust the corresponding benchmark values to the relevant period of allocation while ensuring emission reduction incentives and properly rewarding innovation, the maximum adjustment of the benchmark values should be increased from 1,6 % to 2,5ex-ante benchmarks should be revised within 6 months of the entry into force of this Directive. The maximum adjustment of the benchmark values should be increased from 1,6 % to 2,5 % per year and the minimum adjustment of the benchmark values should be increased from 0,2 % to 1,0 % per year. For the period from 2026 to 2030, the benchmark values should thus be adjusted within a range of 420 % to 50 % compared to the value applicable in the period from 2013 to 2020.
Amendment 346 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transportthe deployment of zero-emission technologies that may no longer be considered innovative but that nevertheless hold a significant abatement potential in view of the Union 2030 climate and energy targets. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternativerenewables-based fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero- emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to suppTo ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming from the allowances that could otherwise be allocated fort for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]ree. Projects and investments supported by the Innovation Fund should comply with the "do no significant harm" principle and the "minimum safeguards" requirements set out respectively in Articles 17 and 18 of Regulation (EU) 2020/852. TNo ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. _________________ 52[add ref to the FuelEU Maritime Regulation]support should be given to any investments related to fossil fuels and nuclear energy, or to any other projects that would directly or indirectly lead to a lock-in of assets incompatible with the objective of accelerating the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy- based, resilient and competitive circular economy in a just, equitable and inclusive way while protecting, restoring and improving the state of the environment including by, inter alia, halting and reversing biodiversity loss. Companies receiving support from the Innovation Fund should also adopt a Decarbonisation and Zero-Pollution Plan.
Amendment 358 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) Revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime] should be allocated to the Ocean Fund to accelerate the decarbonisation of the maritime transport sector and to contribute to the protection and restoration of marine ecosystems.
Amendment 361 #
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-friendlyzero-emission 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 should only be granted to projects implementing technologies that are fully compatible with the objective of limiting global warming to 1,5C above pre- industrial levels and exclude the direct or indirect use of fossil fuels and nuclear energy, and that have significantly higher operating costs compared to the reference conventional technology for producing the same product. Financial support through CCDs should be proportionate and not lead to undue distortions of the EU´s internal market nor to unfair discrimination with regard competing imported products, as required under WTO law. As such, CCDs should present an alternative to free allowances and not an additional subsidy. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 370 #
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119,, the 8th Environmental Action Programme and Regulation (EU) 2021/1119, comply with the "do no significant harm" principle and eliminating the support to any investments related to fossil fuels or nuclear energy. In order to guarantee the efficient use of EU money, access to the Modernisation Fund should be conditional to the adoption by Member States of legally binding targets and measures for the phase out of all fossil fuels in a timeframe consistent with the objective of limiting global warming to 1,5°C, as well as to the respect of the Rule of Law. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 8100 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 382 #
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. Considering the latest scientific evidence from the Joint Research Centre that most of the forest biomass currently being burnt for energy in the EU not only increases emissions compared to fossil fuels, but does so for decades which in turn undermines the Union's effort to limit global warming under 1,5°C, the conferral of implementing powers in Article 14(1) of Directive 2003/87/EC should be explicitly extended to apply internationally recognized emission factors for solid biomass and biofuels for stationary combustion in the energy industry. _________________ 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 405 #
Proposal for a directive
Recital 42
Recital 42
Amendment 424 #
Proposal for a directive
Recital 43
Recital 43
(43) The Communication of the Commission on Stepping up Europe’s 2030 climate ambition57 , underlined the particular challenge to reduce the emissions in the sectors of road transport and buildings. Therefore, the Commission announced that a further expansion of emissions trading could include emissions from road transport and buildings. Emissions trading for these two new sectors would be established through separate but adjacent emissions trading. This would avoid any disturbance of the well-functioning emissions trading in the sectors of stationary installations and aviation. The new system is accompanied by compleachievement of the 1,5 degree objective is only possible if government policies are designed to be socially just. With the cost of living increasing significantly and wages having stagnated during decades of productivity increases, it is unjustified to extend the EU ETS to transport and buildings. Instead, governmentary policies and measures safeguarding against undue price impacts, shaping expectations of market participants and aiming for a carbon price signal for the whole economy. Previous experience has shown that the development of the new market requires setting upy should be focused on strengthening the regulatory framework, in particular the [CO2 cars and vans], [Energy Performance of Buildings] and efficient monitoring, reporting and verification system. In view of ensuring synergies and coherence with the existing Union infrastructure fstablishing government measures and financial instruments to support the EU ETS covering the emissions from stationary installations and aviation, it is appropriate to set up emissions trole out of affordable public transport, encouradging for the road transport and buildings sectors via an amendment to Directive 2003/87/ЕC. _________________ 57 COM(2020)562 finalcar companies to roll out affordable electric mobility and deep energy renovations.
Amendment 436 #
Proposal for a directive
Recital 44
Recital 44
Amendment 452 #
Proposal for a directive
Recital 45
Recital 45
Amendment 462 #
Proposal for a directive
Recital 46
Recital 46
Amendment 470 #
Proposal for a directive
Recital 47
Recital 47
Amendment 480 #
Proposal for a directive
Recital 48
Recital 48
Amendment 491 #
Proposal for a directive
Recital 49
Recital 49
Amendment 504 #
Proposal for a directive
Recital 50
Recital 50
Amendment 514 #
Proposal for a directive
Recital 51
Recital 51
Amendment 520 #
Proposal for a directive
Recital 52
Recital 52
Amendment 539 #
Proposal for a directive
Recital 53
Recital 53
Amendment 543 #
Proposal for a directive
Recital 54
Recital 54
Amendment 551 #
Proposal for a directive
Recital 55
Recital 55
Amendment 564 #
Proposal for a directive
Recital 56
Recital 56
Amendment 570 #
Proposal for a directive
Recital 57
Recital 57
Amendment 585 #
Proposal for a directive
Recital 58
Recital 58
Amendment 592 #
Amendment 600 #
Proposal for a directive
Recital 60
Recital 60
Amendment 613 #
Proposal for a directive
Recital 62
Recital 62
(62) Considering the need to deliver a stronger investment signal to reduce emissions in a cost-efficient manner and with a view to strengthening the EU ETS, Decision (EU) 2015/1814 should be amended so as to increase the percentage rate for determining the number of allowances to be placed each year in the Market Stability Reserve. In addition, for lower levels of the TNAC, the intake should be equal to the difference between the TNAC and the threshold that determines the intake of allowances. This would prevent the considerable uncertainty in the auction volumes that results when the TNAC is close to to 36 %. The upper and lower thresholds should also be gradually reduced to zero by 2030 so that the threshold, and at the same time ensure that the surplus reaches the volume bandwidth within which the carbon market is deemed to operate in a balanced mannererve is kept fit for purpose despite unforeseeable external shocks.
Amendment 620 #
Proposal for a directive
Recital 64
Recital 64
Amendment 625 #
Proposal for a directive
Recital 66
Recital 66
Amendment 634 #
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2, CH4, N2O and black carbon emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 646 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to emission from the activities listed in Annexes I and II I, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 210 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 649 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘emissions’ means the release of greenhouse gases into the atmosphere from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or the release of greenhouse gases corresponding to the activity referred to in Annex III;;
Amendment 659 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘greenhouse gas emissions permit’ means the permit issued in accordance with Articles 5, 6 and 30b;6;
Amendment 664 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point v a (new)
Article 3 – paragraph 1 – point v a (new)
(va) ‘voyage’ means any movement of a ship that originates from or terminates in a port of call or structures situated on the continental shelf of that Member State and that serves the purpose of transporting passengers or cargo for commercial purposes, or performing service activities such as services for offshore installations, dredging and tug assistance;
Amendment 667 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point x
Article 3 – paragraph 1 – point x
Amendment 673 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point y
Article 3 – paragraph 1 – point y
Amendment 675 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
Amendment 697 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fiftyone hundred percent (5100 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fiftyone hundred percent (5100 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) of emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 712 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – title
Article 3ga – title
Amendment 713 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 717 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 Directive 2003/87/EC
Article 1 – paragraph 1 – point 6 Directive 2003/87/EC
Amendment 722 #
Amendment 727 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point c
Article 3ga – paragraph 1 – point c
Amendment 732 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point d
Article 3ga – paragraph 1 – point d
Amendment 740 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
Amendment 762 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gd a (new)
Article 3gda Contractual arrangements 1. Where the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual arrangement either on the basis of a time or a voyage charter agreement, 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. 2. For the purpose of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of, the ship. 3. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs referred to in paragraph 1 of this Article in accordance with Article 16.
Amendment 765 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd b (new)
Article 3gd b (new)
Amendment 767 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd c (new)
Article 3gd c (new)
Article 3gdc Annual membership contribution to the Ocean Fund 1. By way of derogation from Article 12, a shipping company may pay an annual membership contribution to the Ocean Fund set out under Article 3gdb in accordance with their total emissions reported for the preceding calendar year under Regulation (EU) 2015/757 to limit the administrative burden for maritime companies, including small and medium sized companies and companies that are not frequently active within the scope of this Directive. The Ocean Fund shall surrender allowances collectively on behalf of shipping companies that are members of the Fund. The membership contribution per tonne of emissions shall be set by the Fund by 28 February each year, but shall be at least equal to the highest recorded primary or secondary market settlement price for allowances in the preceding year. 2. The Ocean Fund shall acquire allowances equal to the collective total quantity of contributions referred to in paragraph 1 during the preceding calendar year and shall surrender them to the registry established under Article 19 by 30 April each year for subsequent cancellation.
Amendment 771 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation toWithin 12 months of the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the Europea, and before this measure becomes operational, and in any even no later than 30 September 2028, the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 shall examine the ambition and overall environmental integrity of that measure, in Pparliament and to the Council in which it shall examine any such measure. Where appropriate, tticular its compatibility with the objective of limiting global warming under 1,5°C above pre-industrial levels, and make that report publicly available. The Commission may follow to the report wonly submith a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriateamend this Directive if this report has demonstrated that the global market-based measure adopted by the IMO is fully compatible with the objective of limiting global warming under 1,5° above pre-industrial levels.
Amendment 790 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2003/87/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
The Commission shall review the effectiveness of synergies with Directive 2010/75/EUse Directive 2010/75/EU to include greenhouse gas emissions and to provide for decarbonisation measures. Environmental and climate relevant permits should be coordinated to ensure, at the latest by 2025, ensure coherent, efficient and speedier execution of measures needed to comply with EU climate and, energy objectives. The Commission may submit a report to the European Parliament and the Council in the context of any futand air pollution objectives. The relevant EU industrial framework regulations shall also be amended to set measures, reporting and verification requirements so to achieve climate neutrality by latest 2040, based on the following elements: (a) an integrated approach on pollution prevention at the source; (b) the phase out of the production and use of fossil fuels by latest 2035; (c) Environmental Quality Standards are not put at risk; (d) source review of this Directivecontrol measures are taken, aligned to performance achieved by strict implementation of relevant Union standards and beyond relevant sector benchmark(s).
Amendment 814 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- 450 million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 45,2 %. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 818 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Upon publication of the Union greenhouse gas budget for the 2030-2050 period as referred to in Article 4(4) of Regulation (EU) 2021/1119, the Commission shall make a legislative proposal, as appropriate, based on a detailed impact assessment, to amend this Regulation to align the quantity of allowances that can be emitted after 2030 to the share of that budget for the sectors covered by this Directive.
Amendment 819 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)
Article 1 – paragraph 1 – point 10 a (new)
Directive 2003/87/EC
Article 9a a (new)
Article 9a a (new)
(10a) the following article is inserted: “Article 9aa Minimum carbon floor price 1. As of ... [the year following entry into force of this Directive], where the auction price of an allowance is below a market value of 60 EUR/ tonne of CO2eq, the Member State shall not allow the surrender or auctioning of those allowances to the holder of that allowance where that minimal carbon price floor is not met. 2. The carbon floor price referred to in paragraph 1 shall be increased yearly by twice the Linear Reduction Factor referred to in the third paragraph of Article 9.”
Amendment 820 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)
Article 1 – paragraph 1 – point 10 b (new)
(10b) the following article is inserted: “Article 9ab Decarbonisation and Zero Pollution Action Plans 1. By 30 June 2024, operators shall establish a Decarbonisation and Zero Pollution Action Plan for each of their installations for its activities subject to the scope of this Directive and Directive 2010/75/EU. 2. That plan shall be consistent with the priority objectives set out under Article 2 of Regulation (EU) …/… [8th Environmental Action Programme] , in particular the objective of limiting global warming to under the 1,5 degree compared to pre-industrial levels, and to achieve zero-pollution. 3. The Plan shall contain at least the following elements, applying at installation level: (a) targets, measures and investments to reduce scope 1 and 2 greenhouse gas emissions of the installation to zero by 2040 at the latest, excluding the use of carbon offset credits; (b) measures and investments taken so to ensure full compliance with the WHO air quality guidelines; (c) measures taken so to ensure the installation complies with the strict BAT Associated Energy Efficiency Levels (BAEELs) and BAT associated emission levels set in Best Available Techniques Reference Documents, where a differentiation is made those shall refer to “new plant” standards; (e) evidence on how the Plan is safeguarding the good chemical and ecological status of EU waters; (f) evidence on how the Plan is consistent with the Union's circular economy objectives and the relevant action plan and the toxic free environment goal (g) measures and investments ensuring anticipation of change through social dialogue, in particular through the re- skilling and up-skilling of potentially affected workers. Wherever possible, measures should be supported by Just Transition agreements negotiated between social partners, and where appropriate public authorities. 4. The Plan must be subject to intermediate targets of at least five year intervals so as to enable constant progress towards the objectives of the Plan. 5. The Commission is empowered to adopt delegated act in accordance with Article 23 to supplement this Directive by setting minimal content and format of the Plan, key performance indicators and sector benchmarks as to milestones and targets, following a multi stakeholder consultation process including an equal share of representatives of Member States, relevant public institutions, research institutes, non-governmental organisations promoting environmental protection and the industries concerned, including techniques providers for climate and environmental protection solutions, and after receiving advice from the European Scientific Advisory Board on Climate Change as established by Article 3 of Regulation (EU) 2021/1119.”
Amendment 821 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new) Directive 2003/87/EC
Article 1 – paragraph 1 – point 11 – point -a (new) Directive 2003/87/EC
Amendment 826 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a
Article 10 – paragraph 1 – subparagraph 3a
Amendment 844 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Member States shall determine thesubmit to the Commission a Plan together with the update of the integrated national energy and climate plan referred to in Article 14(1) and (2) of Regulation (EU) 2018/1999 detailing how they intend to use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon cost in order to support the Social Climate Fund under Regulation (EU) …/… [Social Climate Fund Regulation]. Articles 9 and 10 of Regulation (EU) 2018/1999 shall apply to the preparation and assessment of the updated integrated national energy and climate plans. Member States shall explain in the Plan how the use of EU ETS revenues would contribute to close the investment gap associated with the Member States' climate and energy targets, while ensuring a just transition in line with the Council Recommendation on ensuring a fair transition towards climate neutrality and with the objectives and targets of the EU Pillar of Social Rights. Priority shall be given to investments that also contribute to eradicate energy and mobility poverty as defined under Regulation (EU) …/… [Social Climate Fund Regulation]. In order to facilitate the preparation of the Plan, the Commission shall publish guidance, including a template. Member States shall use their revenues generated from the auctioning of allowances referred to in Article 10a(6)paragraph 2, for one or more of the following:;
Amendment 855 #
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/EC
Article 10 – paragraph 3 – subparagraph 1 – point b
Article 10 – paragraph 3 – subparagraph 1 – point b
(ba) in paragraph 3, first subparagraph, point (b) is replaced by the following: "(b) to develop renewable energies to meet the commitment of the Union to renewable energies, as well as to develop other technologies that contribute to the transition to a safe and sustainable low- carbon economy, and to help to meet the commitment of the Union to increase energy efficiency, at the levels agreed in relevant legislative acts, including the production of electricity from renewables self-consumers and renewable energy communities;
Amendment 857 #
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/EC
Article 10 – paragraph 3 – subparagraph 1 – point b a (new)
Article 10 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) in paragraph 3, first subparagraph, the following point is inserted: "(ba) to support the deep and staged deep renovation of buildings in accordance with Article 2(19) of Directive (EU) xxx/xxx [Recast EPBD], starting with the renovation of the worst- performing buildings;"
Amendment 859 #
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/EC
Article 10 – paragraph 3 – subparagraph 1 – point d
Article 10 – paragraph 3 – subparagraph 1 – point d
(ba) in paragraph 3, first subparagraph, point (d) is replaced by the following: (d) forestry sequestration in the "(d) ecosystem-based approaches in the LULUCF sector in the Union;"
Amendment 867 #
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/EC
Article 10 – paragraph 3 – subparagraph 1 - point e
Article 10 – paragraph 3 – subparagraph 1 - point e
Amendment 870 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new) Directive 2003/87/EC
Article 1 – paragraph 1 – point 11 – point b a (new) Directive 2003/87/EC
(f) to encouba) in paragraph 3, first subparagraph, point (f) is replaced by the following: "(f) to acceleragte athe shift to low- zero-emission mobility and public forms of transport;, including the development of electrified passenger and freight rail transport;”
Amendment 878 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
(h) measures intended to improve energy efficiency, efficient and renewable heating and cooling systems, and the uptake of renewable energies in district heating systems and, insulation, or to provide financial support in order to address social aspects in lower- and middle-income households, including by reducmoving distortive taxes;;
Amendment 886 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point k
Article 10 – paragraph 3 – subparagraph 1 – point k
(ca) in paragraph 3, first subparagraph, point (k) is replaced by the following: “(k) to promote skill formation and reallocation of labour in order to contribute to a just transition to a low carbonclimate-neutral economy, in particular in regions most affected by the transition of jobs, in close coordination with the social partners. and invest in upskilling and re-skilling of workers potentially affected by the transition.”
Amendment 896 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2 a (new)
Article 10 – paragraph 3 – subparagraph 2 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 5 % of the revenues generated from the auctioning of allowances for ecosystem-based approaches in the LULUCF sector as referred to in point (d) of the first subparagraph, in line with Article 4a(2) of Regulation (EU) xxx/xxx [Revised LULUCF Regulation]. By way of derogation from the first subparagraph, Member States shall use at least 10 % of the revenues generated from the auctioning of allowances for the development of electrified passenger and freight rail transport as referred to in point (f) of the first subparagraph."
Amendment 900 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(ca) the following paragraph is inserted: "3a. Member States shall not use revenues generated from the auctioning of allowances for: (i) the decommissioning, the extension of the lifetime of, or the construction of nuclear power stations; (ii) investments related to the production, processing, transport, distribution, storage or combustion of fossil fuels; (iii) investment related to the use of forest biomass for energy purposes or to the use for energy purposes of cereal and other starch-rich crops, sugars and oil crops and crops grown as main crops primarily for energy purposes on agricultural land."
Amendment 911 #
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/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
(da) paragraph 5 is replaced by the following: "5. The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market and on other relevant climate and energy policies, including: (i) the operation of the auctions, liquidity and the volumes traded, and summarising the information provided by Member States on the financial measures referred to in Article 10a(6); (ii) verified emissions and allowances allocated for free until the end of the transitional period referred to in Chapter X of Regulation (EU) …/… [CBAM Regulation] per sector and subsector listed in Annex I; (iii) progress towards the targets set out in the Decarbonisation and Zero Pollution Action Plans referred to in Article 10(-a) per installation; (iv) the amount of revenues raised per Member States and the information provided by Member States on the use of revenues detailing the amount of revenues spent per categories referred to in Article 10(3); (v) details on the use of revenues from the Modernisation Fund per Member State; and (vi) details on the projects financed by the Innovation Fund and on progress towards their realisation. If necessary, Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.
Amendment 916 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point -i (new)
Article 1 – paragraph 1 – point 12 – point a – point -i (new)
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
Amendment 937 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2a
Article 10a – paragraph 1 – subparagraph 2a
Amendment 981 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030within 6 months of the entry into force of this Directive in view of potentially modifying the definitions, scope and system boundaries of existing product benchmarks to ensure that a product benchmark is independent of the feedstock or the type of production process, to account for the full potential of product substitution and the circular use of materials, while ensuring that installations with partially or fully decarbonised processes are not excluded.;
Amendment 1001 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 1
Article 10a – paragraph 1a – subparagraph 1
No free allocation shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of application of the Carbon Border Adjustment Mechanism. Seventy- five percent (75 %) of the allowances resulting from that reduction shall be made available to the Innovation Fund referred to in paragraph 8. The revenues from the auctioning of the remaining allowances that would have otherwise be allocated for free shall be used to finance climate mitigation and adaptation in vulnerable developing countries, in particular Least Developed Countries and Small Island Developing States.
Amendment 1021 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a –paragraph 1a – subparagraph 2
Article 10a –paragraph 1a – subparagraph 2
Amendment 1053 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 3
Article 10a – paragraph 1a – subparagraph 3
Amendment 1087 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10a - paragraph 2 - subparagraph 3 - point c
Article 10a - paragraph 2 - subparagraph 3 - point c
(c) For the period from 2026 to 2030until the end of the transitional period referred to in Chapter X of Regulation (EU) …/… [CBAM Regulation], the benchmark values shall be determined in the same manner as set out in points (a) and (d) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028.;
Amendment 1101 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph d – subparagraph 3 – point d
Article 10a – paragraph d – subparagraph 3 – point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,21 %, the benchmark values for the period from 2026 to 2030until the end of the transitional period referred to in Chapter X of Regulation (EU) …/… [CBAM Regulation] shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028.;
Amendment 1119 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point iii a (new)
Article 1 – paragraph 1 – point 12 – point c – point iii a (new)
Directive 2003/87/EC
Article 10a – paragraph 2 –subparagraph 6
Article 10a – paragraph 2 –subparagraph 6
(iiia) the sixth subparagraph is deleted.
Amendment 1120 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d
Article 1 – paragraph 1 – point 12 – point d
Directive 2003/87/EC
Article 10a – paragraphs 3, 4, 5a and 6
Article 10a – paragraphs 3, 4, 5a and 6
(d) paragraphs 3, 4, 5a and 46 are deleted;
Amendment 1136 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Amendment 1160 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
3675 million allowances from the quantity which could otherwisethat were set to be allocated for free pursuant to this Article, and 875 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as seventy -five percent (75 %) of the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbzero-emission technologies and processes, and contributeing to zero pollution objectives (the ‘Innovation Fund’)and circularity objectives, prioritising technologies and processes addressing multiple environmental impacts (the ‘Innovation Fund’). The investments supported by the Fund shall comply with the ´do no significant harm ´principle and ´minimum safeguards´ referred to respectively in Articles 17 and 18 of Regulation (EU) 2020/852. Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraphcancelled.
Amendment 1185 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 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 and geological storage (“CCS”) of CO2, prioritising solutions that have the greatest potential in terms of GHG emissions reduction, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, project and measures supporting circularity, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovativezero-emission technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbzero- emission fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support circularity measures, innovation in low carbzero-emission technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 1199 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4
Article 10a – paragraph 8 – subparagraph 4
Projects in the territory of all Member States, including small-scale projects, shall be eligible. Technologies receiving support shall be innovative and not yet commercially viable at a similar scale without support but shall represent breakthrough solutions or be sufficiently mature for application at pre-commercial scale. The Innovation Fund shall also support the deployment of zero-emission technologies that may no longer be considered as innovative, but nevertheless hold a significant abatement potential necessary to reach the Union´s energy and climate targets for 2030.
Amendment 1210 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 6
Article 10a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria, taking into account, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2in line with the Union 2030 climate target set out in Regulation (EU) 2021/1119. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy- based, resilient and competitive circular economy in the sectors concerned. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported. The Innovation Fund shall not support nuclear energy-related activities, activities related to the production, processing, transport, distribution, storage or combustion of fossil fuels, or any other projects that would directly or indirectly lead to a lock-in of assets incompatible with the objective of accelerating the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way while protecting, restoring and improving the state of the environment including by, inter alia, halting and reversing biodiversity loss.
Amendment 1215 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 7
Article 10a – paragraph 8 – subparagraph 7
At least fifty percent (50 %) of the Innovation Fund shall be allocated through competitive bidding in the form of Carbon Contracts for Differences. Support provided through competitive bidding for Carbon Contract for Difference shall aim at accelerating the transition towards zero-emission energy intensive industries, in particular those covered by the CBAM Regulation, and shall only be granted to projects implementing technologies that are fully compatible with the objective of limiting global warming to 1,5 C above pre- industrial levels and exclude the direct or indirect use of fossil fuels and nuclear energy. Awarded projects shall have significantly higher ongoing operating costs than the reference conventional technology for producing the same product, and shall respect the ´do not significant harm´ principle set out in Article 17 of Regulation (EU) 2020/852. Awarded projects shall receive a contribution from the Member State where the project is located at least equal to the amount of support provided by the Innovation Fund. Financial support shall be proportionate to the policy objectives set out in this Article and shall not lead to undue distortions of the EU’s internal market. To this end, funds shall only be granted to cover additional costs or investment risks not able to be borne by investors under normal market conditions. As such, aid shall not lead to unfair discrimination with regard to competing imported products, as required under WTO law. In case the EU ETS price is higher than the strike price at which the project has been awarded, the beneficiary shall pay back the difference to the Innovation Fund. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the Innovation Fund, including the selection procedure and criteria, and the eligible sectors and technological requirements for the different types of support. as laid down in this paragraph, taking into account the need to ensure a just transition for affected workers and communities.
Amendment 1225 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
Amendment 1231 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2003/87/EC
Article 10c
Article 10c
(13) in Article 10c, paragraph 7 is replaced by the following: “Member States shall require benefiting electricity generating installations and network operators to report, by 28 February of each year, on the implementation of their selected investments, including the balance of free allocation and investment expenditure incurred and the types of investments supported. Member States shall report on this to the Commission, and the Commission shall make such reports public.” is deleted;
Amendment 1234 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 1
Article 10d – paragraph 1 – subparagraph 1
A fund to support investments proposed by the beneficiary Member States, including the financing of small-scale investment projects, to modernise energy systems and improve energy efficiency, in Member States with a GDP per capita at market prices below 60 % of the Union average in 2013, shall be established for the period from 2021 to 2030 (the ‘Modernisation Fund’). The Modernisation Fund shall be financed through the auctioning of allowances as set out in Article 10, for the beneficiary Member States set out therein. Support from the Modernisation Fund shall only be granted to Member States that have adopted legally binding targets and measures for the phase out of all fossil fuels in a timeframe consistent with the objective of limiting global warming to 1,5°C above pre-industrial levels, including the phase out of solid fossil fuels by 2030 at the latest and of fossil gas by 2040.
Amendment 1241 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the priority objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) andset out in Article 2 of Regulation (EU) …/… [8th Environmental Action Programme] and with Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use fossil fuels or to nuclear-energy related activities.”;
Amendment 1258 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
Article 10d – paragraph 2 – introductory part
2. At least 80 % ofll the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 1270 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point c
Article 10d – paragraph 2 – point c
(c) the improvement of demand sidereduction of overall energy use through demand side management and energy efficiency, including in transport, buildings, agriculture and waste;
Amendment 1274 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point e
Article 10d – paragraph 2 – point e
(e) the support of low-income households, including in rural and remote areas, to address energy poverty and to modernise their heating systems, in particular by investing in deep or staged deep renovation of building and by replacing their heating systems by renewables-based ones, ensuring synergies and complementarity with the Social Climate Fund; and
Amendment 1279 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f
Article 10d – paragraph 2 – point f
(f) a just transition in carbon- dependent regions in the beneficiary Member States in line with the Territorial Just Transition Plans and in compliance with the eligibility criteria for activities set out in Articles 8 and 9 of Regulation (EU) 2021/1056, so as to support the redeployment, re-skilling and up-skilling of workers, education, job-seeking initiatives and start-ups, in dialogue with thecivil society and social partners.;
Amendment 1290 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2003/87/EC
Article 10d – paragraph 5 – subparagraph 1
Article 10d – paragraph 5 – subparagraph 1
(ba) in paragraph 5, the first subparagraph is replaced by the following: "An investment committee for the Modernisation Fund is hereby established. The investment committee shall be composed of a representative from each beneficiary Member State, the Commission and the EIB, and three representatives elected by the other Member States for a period of five years. It shall be chaired by the representative of the Commission. One representative of each Member State that is not a member of the investment committee may attend meetings of the committee as an observer. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)Civil society organisations shall also be allowed to attend meetings of the committee as observers." Or. en
Amendment 1293 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b d (new)
Article 1 – paragraph 1 – point 14 – point b d (new)
Directive 2003/87/EC
Article 10d – paragraph 6 – subparagraph 2
Article 10d – paragraph 6 – subparagraph 2
(bd) in paragraph 6, the second subparagraph is deleted;
Amendment 1294 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b b (new)
Article 1 – paragraph 1 – point 14 – point b b (new)
Directive 2003/87/EC
Article 10d – paragraph 11
Article 10d – paragraph 11
(bb) paragraph 11 is replaced by the following: "11. The investment committee shall report annually to the Commission, the Council and the Parliament on experience with the evaluation of investments. That report shall be made public. By 31 December 2024, taking into consideration the findings of the investment committee, the Commission shall review the areas for projects referred to in paragraph 2 and the basis on which the investment committee bases its recommendations."
Amendment 1295 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b c (new)
Article 1 – paragraph 1 – point 14 – point b c (new)
Directive 2003/87/EC
Article 10d – paragraph 12
Article 10d – paragraph 12
(bc) paragraph 12 is replaced by the following: "12. The Commission shall adopt implementing acts concerning detailed rules on the operation of the Modernisation Fund. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2). In implementing the Modernisation Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Modernisation Fund in the event of failure to respect the rule of law in the Member States. To this effect, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used.” Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1305 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b a (new)
Article 1 – paragraph 1 – point 15 – point b a (new)
Directive 2003/87/EC
Article 12 – paragraph 2a a (new)
Article 12 – paragraph 2a a (new)
(ba) the following paragraph is inserted: "2aa. As long as there are no Union measures in place to take into account and effectively reduce the non-carbon dioxide emissions impact on the climate from aircrafts carrying out an aviation activity listed in Annex I, for the purposes of paragraph 2a and by way of derogation from Article 3(a), the amount of fossil fuel carbon dioxide which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2."
Amendment 1325 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point d a (new)
Article 1 – paragraph 1 – point 15 – point d a (new)
Directive 2003/87/EC
Article 12 – paragraph 3 a
Article 12 – paragraph 3 a
(da) paragraph 3a is replaced by the following: "3a. An obligation to surrender allowances shall not arise in respect of emissionsunavoidable industrial process emissions, where no direct emission reduction options are available, verified as captured and transported for permanent storage to a facility for which a permit is in force in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide ."
Amendment 1328 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
Amendment 1354 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e b (new) Directive 2003/87/EC
Article 1 – paragraph 1 – point 15 – point e b (new) Directive 2003/87/EC
(eb) paragraph 4 is replaced by the following: "4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the person holding them. In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States shall cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). "
Amendment 1355 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2003/87/EC
Article 13
Article 13
(15a) Article 13 is replaced by the following: Article 13 “Article 13 Validity of allowances Validity of allowances Allowances issued from 1 January 2013 onwards shall be valid indefinitelyuntil 2030. Allowances issued from 1 January 2021 onwards shall include an indication showing in which ten-year period beginning from 1 January 2021 they were issued, and be valid for emissions forom the first year of that period onwards."
Amendment 1359 #
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- ratedinternationally recognized emission factors for solid biomass and biofuels for stationary combustion in the energy sector. They shall specify how to account for storage of emissions from a mix of zero-rated sources and sources that are not zero-ratedenergy sources. 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.”;
Amendment 1364 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2003/87/EC
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
(16b) in Article 14, the following paragraph is inserted: "3a. By ... [6 months after the entry into force], the Commission, in cooperation with EASA and EEA, shall establish a pilot Monitoring, Reporting and Verification (MRV) scheme with the objective to establish a solid MRV methodology adapted to the specificities of non-CO2 emissions and their climate impact and to develop a robust CO2 equivalence calculation for non-CO2 effects. Aircraft operators adhering to this schemes hall be exempted from the payment of the multiplier referred to in Article 12(2aa). The pilot MRV should ensure that at least the following data at cruising altitude is monitored, reported and verified: (a) fuel flow; (b) mass of aircraft; (c) ambient humidity; (d) latitude, longitude and altitude; (e) humidity and temperature; (f) emissions factors for CO2, H2O and NOx. All data collected through the pilot MRV shall be published annually, at least on an aggregated level per aircraft operator. Two years after the start of the MRV pilot project, the Commission shall present a report to the Parliament and the Council on the results of the MRV pilot project and specifying the amount of EU ETS allowances required to cover for the CO2 equivalent per flight calculated under its pilot MRV. The report shall be accompanied by a legislative proposal to amend the present Directive to introduce MRV requirements for non-CO2 aviation emissions as well as to expand the scope of the EU ETS to non-CO2 aviation emissions.
Amendment 1367 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 19 – paragraph 2
Article 19 – paragraph 2
(19a) In Article 19, paragraph 2 is replaced by the following: "2. Any person may hold allowances. The registry shall be accessible to the public, in a user friendly manner on an online website allowing research on the amount of allowances hold by each person, and shall contain separate accounts to record the allowances held by each person at any time to whom and from whom allowances are issued or transferred. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
Amendment 1374 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 24 a (new)
Article 24 a (new)
(19b) Article 24a is deleted;
Amendment 1382 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 d (new)
Article 1 – paragraph 1 – point 19 d (new)
Directive 2003/87/EC
Article 27 a – paragraph 1 – introductory part
Article 27 a – paragraph 1 – introductory part
(19d) In Article 27a, the introductory part is replaced by the following: "1. Member States may exclude from the EU ETS installations that have reported to the competent authority of the Member State concerned emissions of less than 2 500 tonnes of carbon dioxide equivalent, disregarding emissions from biomass, in each of the three years preceding the notification under point (a), provided that the Member State concerned: (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)” Or. en
Amendment 1398 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 e (new)
Article 1 – paragraph 1 – point 19 e (new)
Directive 2003/87/EC
Article 30 – paragraph 1
Article 30 – paragraph 1
(19e) In Article 30, paragraph 1 is replaced by the following: "1. This Directive shall be kept under review in the light of international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement.limit the temperature increase to 1,5°C above pre-industrial levels."
Amendment 1407 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
Chapter IV a
Amendment 1540 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Decision (EU) 2015/1814
Article 1 – paragraph 4a
Article 1 – paragraph 4a
Amendment 1543 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
Article 1 – paragraph 5 – subparagraph 1
In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096 million allowancesabove 833 million, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 1236 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled.
Amendment 1564 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023From 2023 allowances held in the reserve above 400 million allowances and allowances held in the reserve above 400 million allowancefor more than 3 years shall no longer be valid.
Amendment 1569 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
(ca) the following paragraph is inserted: "6a. The thresholds of 833 million and of 400 million referred to respectively in paragraphs 5 and 6 shall be annually and linearly reduced to reach zero in 2030.";
Amendment 1577 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a
Article 1 a
Amendment 1587 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 (new)
Article 3 – paragraph 1 – point -1 (new)
Regulation (EU) 2015/757
Article 1
Article 1
(-1) Article 1 is replaced by the following: “Article 1 Subject matter This Regulation lays down rules for the accurate monitoring, reporting and verification of carbon dioxide (CO2greenhouse gas (GHG) emissions and of other relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State, in order to promote the reduction of CO2 emissions from maritime transport in a cost effective manner. ."; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015R0757)
Amendment 1591 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
Article 2 – paragraph 1
(-1a) in Article 2, paragraph 1 is replaced by the following: “1. This Regulation applies to ships above 5 0of 400 gross tonnage and above in respect of CO2GHG emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State.”;
Amendment 1595 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 b (new)
Article 3 – paragraph 1 – point -1 b (new)
Regulation (EU) 2015/757
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 1596 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 c (new)
Article 3 – paragraph 1 – point -1 c (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(-1c) in Article 3, point (a) is replaced by the following: “(a) ‘CO2GHG emissions’ means the release of CO2 into the atmosphere by shipscarbon dioxide (CO2), methane (CH4) and nitrous Oxides (N2O) into the atmosphere and the direct radiative forcing of black carbon (BC) emissions”;
Amendment 1598 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 d (new)
Article 3 – paragraph 1 – point -1 d (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘port of call’ means-1d) in Article 3, point (b) is replaced by the following: “(b) ‘port of call’ means, in the case of cargo and passenger vessels, the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded; in the case of other types of ships not carrying cargo or passengers, ‘port of call’ means the port where a ship stops to embark and disembark the crew;";
Amendment 1601 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 e (new)
Article 3 – paragraph 1 – point -1 e (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(-1e) in Article 3, point (c) is replaced by the following: “(c) ‘voyage’ means any movement of a ship that originates from or terminates in a port of call or structures situated on the continental shelf of that Member States and that serves the purpose of transporting passengers or cargo, for commercial purposes; performing service activities such as services for offshore installations, dredging and tug assistance;"; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015R0757)
Amendment 1606 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) In Article 5, the following paragraph is added: “2a. By 1 July 2023, the Commission shall adopt delegated acts in accordance with Article 23 in order to supplement this Regulation by specifying the methods for determining and reporting other greenhouse gas emissions than CO2.”;
Amendment 1636 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Directive 2010/75/EU
Article 9
Article 9
Amendment 1641 #
Proposal for a directive
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Directive 2003/87/EC
Annex I – point 1
Annex I – point 1
1. Installations or parts of installations used for research, development and testing of new products and processes, and installations where emissions from the combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute to more than 95 % of the total greenhouse gas emissions are not covered by this Directive.
Amendment 1669 #
Proposal for a directive
Annex I – point 1
Annex I – point 1
Directive 2003/87/EC
Annex II b – Part B
Annex II b – Part B
Amendment 1673 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 1688 #
Proposal for a directive
Annex I – point 3 – point a – point i
Annex I – point 3 – point a – point i
Directive 2003/87/EC
Annex IV – Part A – Calculation – subparagraph 4
Annex IV – Part A – Calculation – subparagraph 4
The emission factor for solid biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14, shall be zero. and biofuels shall be as recognised by the IPCC for stationary combustion in the energy industries1a. __________________ 1a Intergovernmental Panel on Climate Change (2006), Guidelines for National Greenhouse Gas Inventories, Vol. 2 (Energy), Table 2.2, “Solid biofuels”, pp. 2.16–2.17.
Amendment 1692 #
Proposal for a directive
Annex I – point 3 – point b
Annex I – point 3 – point b
Directive 2003/87/EC
Annex IV – Part B – Monitoring – subparagraph 4
Annex IV – Part B – Monitoring – subparagraph 4
The emission factor for solid biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14, shall be zero. and biofuels shall be as recognised by the IPCC for stationary combustion in the energy industries1a. __________________ 1a Intergovernmental Panel on Climate Change (2006), Guidelines for National Greenhouse Gas Inventories, Vol. 2 (Energy), Table 2.2, “Solid biofuels”, pp. 2.16–2.17.
Amendment 1697 #
Proposal for a directive
Annex I – point 3 – point c
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – Part C
Annex IV – Part C
Amendment 1704 #
Proposal for a directive
Annex I – point 4
Annex I – point 4
Directive 2003/87/EC
Annex V – Part C
Annex V – Part C