22 Amendments of Christian DOLESCHAL related to 2021/0214(COD)
Amendment 197 #
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden and taking into account the complex production processes and deeply integrated value chains of the different sectors. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort and avoiding negative impacts because of complex production processes and deeply integrated value chains of specific sectors.
Amendment 206 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out by 2030 after a provisional phase and after an assessment by the Commission has proven that CBAM offers effective protection from carbon leakage with regard to both imports and exports. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 217 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34 a) Any future extension of the scope of this Regulation should take into account the carbon leakage risks for downstream sectors and exporters.
Amendment 237 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46 a) To reduce the risk of carbon leakage as well as to ensure a level playing field for European industry, all practices of circumvention shall be prohibited. The Commission shall evaluate the risk of circumvention practices, especially the likelihood of modified trade patterns towards downstream products, as well as resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different customs code of all sectors included in Annex I of this Regulation. The Commission shall also evaluate whether countries of origin introduce a carbon price, and in this context also provide for reimbursement or compensation via indirect or direct measures such as the reduction of other taxes. The Commission shall be empowered to adopt delegated acts to strengthen anti-circumvention measures when appropriate.
Amendment 264 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the administrative transitional period and report to the European Parliament and the Council. The Commission should, as part of that evaluation, assess the impact on sectors listed in Annex I to ensure that the complex production processes and deeply integrated value chains of specific sectors listed in Annex I have been appropriately taken into account. Furthermore, the report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . The Commission should in particular focus on: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, the impact of applying the Regulation on specific sectors with complex and deeply integrated value chains, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturing industry and prevent carbon leakage; __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 274 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035, the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission should in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I, in particular taking into account the complex and deeply integrated value chains of specific sectors listed in Annex I such as the chemical industry, and possible additional administrative burden; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
Amendment 363 #
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden and taking into account the complex production processes and deeply integrated value chains of the different sectors. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort. and avoiding negative impacts because of complex production processes and deeply integrated value chains of specific sectors.
Amendment 391 #
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) Any future extension of the scope of this Regulation should take into account the carbon leakage risks for downstream sectors and exporters.
Amendment 421 #
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) To reduce the risk of carbon leakage as well as to ensure a level playing field for European industry, all practices of circumvention should be prohibited. The Commission should evaluate the risk of circumvention practices, especially the likelihood of modified trade patterns towards downstream products, as well as resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different customs code of all sectors included in Annex I of this Regulation. The Commission should also evaluate whether countries of origin introduce a carbon price, and in this context also provide for reimbursement or compensation via indirect or direct measures such as the reduction of other taxes. The Commission should be empowered to adopt delegated acts to strengthen anti-circumvention measures when appropriate.
Amendment 457 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the administrative transitional period and report to the European Parliament and the Council. The Commission should, as part of that evaluation, assess the impact on sectors listed in Annex I to ensure that the complex production processes and deeply integrated value chains of specific sectors listed in Annex I have been taken into account appropriately. Furthermore, the report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . The Commission should in particular focus on: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, the impact of applying the Regulation on specific sectors with complex and deeply integrated value chains, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturing industry and prevent carbon leakage; __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 481 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52a) During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035, the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission should in particular focus on the impact on European industry and downstream industry of sectors listed in Annex I, in particular taking into account the complex and deeply integrated value chains of specific sectors listed in Annex I such as the chemical industry, and possible additional administrative burden; the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns.
Amendment 557 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, if it has proven itself to be an effective means of preventing carbon leakage for both imports and exports. This is without prejudice to the necessity of maintaining EU ETS allowances free of charge at benchmark level until a provisional period until 2030 has proven such effectiveness.
Amendment 651 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
Amendment 665 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
Amendment 727 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Cement The category "2523 30 00 - Aluminous Cement" shall be added to the table under "Cement".
Amendment 729 #
Proposal for a regulation
Annex I – subheading 3
Annex I – subheading 3
Fertilisers The following substances shall be removed from the table "Fertilisers": "28080000 - Nitric acid; sulphonitric acids 2814 - Ammonia, anhydrous or in aqueous solution"
Amendment 1108 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, and develop methods of calculating embedded emissions based on environmental footprint methods. Any future extension of the scope shall be based on internationally accepted methods for measuring embedded emissions and shall be preceded by an analysis of the carbon leakage effect on both exports and imports.
Amendment 1121 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. BThe Commission shall evaluate the application of this Regulation before the end of the administrative transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular,and report to the European Parliament and the Council. The first report of the Commission shall focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission shall, as part of that evaluation, in particular evaluate the impact on sectors listed in Annex I to ensure that the complex production processes and deeply integrated value chains of specific sectors have been taken into account appropriately. Furthermore, the Commission shall, as part of that evaluation, initiate collection of information necessary to possibly extend the scope of Annex I to indirect emissions, as well as to other goods and services at risk of carbon leakage, such as finished goods, and to develop methods of calculating embedded emissions based on the environmental footprint methods: (a) the impact on competitiveness of European industry and downstream industry, impact on SMEs, possible disproportionate administrative burden, possible circumvention practices, distortion in trade patterns and possibilities to enhance climate actions towards a climate neutral Union by 2050. Accompanied by proposals to avoid negative impact on such sectors; (b) a proposal to avoid possible carbon leakage in export markets; (c) a proposal to extend the scope of this Regulation to finished goods containing goods listed in Annex I; to ensure competitiveness of European manufacturing industry and prevent carbon leakage; (d) the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 1151 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. During the comprehensive transitional period, biannual between 2025-2030 and every year thereafter until 2035 the Commission shall evaluate the application of this Regulation and report to the European parliament and the Council. The Commission shall in particular focus on: (a) the impact on European industry and downstream industry of sectors listed in Annex I to ensure that the complex production processes and deeply integrated value chains of specific sectors listed in Annex I are taken into account appropriately, the effect of this Regulation on exports from the Union in the sectors covered by this Regulation and rectifying measures in case of negative impacts ; as well as on SMEs and possible additional administrative burden for SMEs; (b) the effectiveness of this Regulation in reducing carbon leakage and possible circumvention practices; and (c) the impact of CBAM on Union trade of goods listed in Annex I and possible distortion in trade patterns;
Amendment 1215 #
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 1245 #
Proposal for a regulation
Annex I – subheading 1 – row 1 a (new)
Annex I – subheading 1 – row 1 a (new)
2523 30 00 - Aluminous Cement.
Amendment 1250 #
Proposal for a regulation
Annex I – subheading 3 – row 1 and 2
Annex I – subheading 3 – row 1 and 2
The following substances shall be removed from the table "Fertilisers": "28080000 - Nitric acid; sulphonitric acids 2814 - Ammonia, anhydrous or in aqueous solution"