69 Amendments of Tomasz FRANKOWSKI related to 2021/0211(COD)
Amendment 57 #
Proposal for a directive
Recital 15
Recital 15
(15) In 2013, the Commission adopted a strategy for progressively integrating maritime emissions into the Union's policy for reducing greenhouse gas emissions. As a first step in this approach, the Union established a system to monitor, report and verify emissions from maritime transport in Regulation (EU) 2015/757 of the European Parliament and of the Council47 , to be followed by the laying down of reduction targets for the maritime sector and the application of a market based measure. In line with the commitment of the co- legislators expressed in Directive (EU) 2018/410 of the European Parliament and of the Council48 , action by the International Maritime Organization (IMO) or the Union should start from 2023, including preparatory work on adoption and implementation of a measure ensuring that the sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement and due consideration being given by all stakeholders. These actions should avoid creating carbon and business leakage, and should take due consideration of the competitiveness of the European maritime industry, including the competitive position of EU ports. __________________ 47Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55). 48Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
Amendment 61 #
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement. Efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, these measures will not be sufficient to achieve the objectives of the Paris Agreement. Given the international character of shipping, a global market- based measure would be the most suitable and effective option. The Commission in collaboration with Member States should therefore further step up diplomatic efforts to make progress on the development of such a global market- based measure at the International Maritime Organization (IMO) level. Overall, EU initiatives addressing emissions from shipping should be compatible with IMO efforts in order to avoid carbon leakage and leakage of business to ports outside Europe.
Amendment 63 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) Evasive port calls at neighbouring non-EU ports could seriously jeopardise the effectiveness of the maritime ETS, as it would not reduce total shipping emissions. It could even increase overall emissions, in particular when evasion leads to longer voyages to and from third countries with lower environmental standards
Amendment 71 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) The EU ETS should contribute to effectively decarbonising maritime transport activities as much as possible. The transition from fossil fuels to renewable and low-carbon fuels will play a considerable role in that process. However, considering the high level of competition between shipping companies and the important price differential between conventional fuels and renewable and low-carbon fuels, this transition should be supported through economic incentives that reflect the environmental benefit of alternative fuels and make them more competitive for shipping companies thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to shipping companies, in proportion to the amount of alternative fuels used and reported. The amount of allowances allocated for free should be adjusted with multipliers in order to take into account that some types of alternative fuels deliver higher environmental benefits and are more costly to purchase for shipping companies. The Commission should regularly review the level of the multipliers based on fuels market price information.
Amendment 72 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) To avoid the negative impacts in terms of emission reduction and competitiveness of a regional measures, Directive 2003/87/EC should find solutions to limit the risk of carbon leakage linked to rerouting and evasion calls, as well as recognise and mitigate the possible negative impacts of such a regional system on the competitiveness and connectivity of ports in Europe, as well as the possible negative impact on the modal split.
Amendment 74 #
Proposal for a directive
Recital 17 b (new)
Recital 17 b (new)
(17 b) Where necessary, the Commission should review Regulation 2015/757, to ensure that the information on the use of all types of alternative fuels, is available for the purpose of determining the amount of free allowances under the EU ETS.
Amendment 77 #
Proposal for a directive
Recital 17 c (new)
Recital 17 c (new)
(17 c) A Maritime Transition Fund (‘the Maritime Fund’) should be established to provide funds to the Member States to support their policies supporting maritime transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable alternative fuels as defined in Regulation on the use of renewable and low-carbon fuels in maritime transport XXX/XXX, including systems for collection of raw materials for alternative fuels, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new engines and technologies, and ports infrastructure. The Commission should submit legislative proposals for the creation of a Maritime Fund. The Maritime Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of maritime allowances. The Maritime Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article322 TFEU, in particular Regulation(EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.
Amendment 81 #
Proposal for a directive
Recital 19
Recital 19
(19) The Commission should review the functioning ofBefore the entry into force of the provisions of amended Directive 2003/87/EC in relation to maritime transport activities in the light of experience of its application, including in relation to possible evasive practices, and should then propose measures to ensure its effectiveness. , the Commission should conduct an impact assessment, in close cooperation with the relevant stakeholders, based on real data, determining possible impacts of these provisions on carbon leakage, delocation of calls and port business to ports outside the EU, connectivity of ports in Europe and where relevant on the modal shift. Such a dedicated impact assessment is a precondition for the EU ETS to work as intended, in particular in the light of possible evasive practices. If the impact assessment determines a risk of a negative impact on the maritime sector and EU ports, the Commission should propose preventive measures to address it, including recommendations for specific provisions based on ports in EU sea- basins or in neighbouring EU countries, in order to ensure level playing field and effectiveness of the EUETS. Alignment with a market-based measure developed in the IMO should be closely examined as a means of addressing potential negative impacts of a regional EU ETS scope. In addition, the Commission should conduct a synergistic impact assessment investigating the effect of all Fit for 55 proposals, including analysis on EU competitiveness, potential risk of mobility reduction and cost effectiveness of GHG emissions reductions.
Amendment 89 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23 a) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from this Directive should be provided for emissions from maritime voyages to and from the outermost regions due to their dependency on maritime transport for territorial continuity, for import of raw materials, essential goods and other products, as well as for some exports.
Amendment 91 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) To ensure that there is a level playing field for ships that navigate in ice conditions and other ships, a specific method should be applied to take into account additional emissions related to navigation in ice conditions and additional emissions of ice-classed ships when sailing in open water, while ensuring that emissions trading through the ETS continues to drive down emissions in the maritime sector. To that end, relevant provisions on the transfer, surrender and cancellation of allowances under Directive 2003/87/EC should be modified accordingly.
Amendment 94 #
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 aspects in lower- 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 as well as equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund 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. For the EU ETS to contribute to lowering global GHG emissions and enabling decarbonisation, a substantial share of the EU ETS revenues generated by the maritime and aviation sector or the equivalent amounts should be used to enable the decarbonisation of those sectors, EU ports and aerodromes.
Amendment 99 #
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 installation of non-break through technologies in industrial processes that have an enormous GHG-saving potential but are not market-ready as well as innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector through research into breakthrough solutions, support for the deployment of innovative technologies, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, first industrial application, refuelling and recharging infrastructure in ports, including connection to electricity grid and other energy infrastructures, 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 support 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]. To 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. To foster innovation in breakthrough technologies as soon as possible, the Commission should ensure that the financing made available through the Innovation Fund is ‘frontloaded’ during the first years of implementation of the present Directive. __________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 109 #
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity, where the CO2 is emitted into the atmosphere. To ensure that renewable fuels of non-biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and where to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 110 #
Proposal for a directive
Recital 42
Recital 42
(42) The further exclusion of installations using exclusively biomass from the EU ETS haswill lead to situations where installations combusting a high share of biomass have obtained windfall profits by receiving free allowances greatly exceeding actual emissions. Therefore, aa lack of certainty over updating the benchmark values for free allocation and disincentive a full transition to a zero-carbon energy source. A 100% threshold value for zero- rated biomass combustion should be maintroduced above whichained for installations arto be excluded from the EU ETS. The threshold value of 95 % is in line with the uncertainty parameter set out in Article 2(16) of Commission Delegated Regulation (EU) 2019/33156 . __________________ 56 Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).
Amendment 136 #
Proposal for a directive
Recital 46
Recital 46
(46) The regulated entities in the two new sectors and the point of regulation should be defined in line with the system of excise duty established by Council Directive (EU) 2020/26258 , with the necessary adaptations, as that Directive already sets a robust control system for all quantities of fuels released for consumption for the purposes of paying excise duties. End- users of fuels in those sectors should not be subject to obligations under Directive 2003/87/EC. __________________ 58Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58 27.2.2020, p. 4).
Amendment 167 #
Proposal for a directive
Recital 51
Recital 51
(51) The distribution rules on auction shares are highly relevant for any auction revenues that would accrue to the Member States, especially in view of the need to strengthen the ability of the Member States to address the social impacts of a carbon price signal in the buildings and road transport sectors. Notwithstanding the fact that the two sectors have very different characteristics, it is appropriate to set a commonIt is appropriate to take into account the characteristics of the sector in order to elaborate a distribution rule similar to the one applicable to stationary installations. The main part of allowances should be distributed among all Member States on the basis of the average distribution of the emissions in the sectors covered during the period from 2016 to 2018.
Amendment 221 #
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60 a) A holistic and science-based approach is key to achieving the 2030 GHG emission reduction target and the 2050 climate neutrality objective. All measures should be drafted based on a comprehensive impact assessments analysing this Directive together with the other legislative acts in line with the European Climate Law and their consequences for different sectors of the European economy. Consequently, by 31 December two years after the entry into force of this Directive, the Commission should conduct such a synergistic impact assessment on the socio-economic and environmental aspects of the measures, indicating, inter alia, total rise of costs, investment needs and total additional number of jobs lost or severely transformed before applying assumptions on potential new job creation.
Amendment 234 #
Proposal for a directive
Recital 67 a (new)
Recital 67 a (new)
(67 a) Given that this Directive will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Directive, proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors.
Amendment 273 #
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 fifty percent (50 %) of the CO2 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, fifty percent (50 %) of theCO2 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 fifty percent (50 %) of CO2 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 fifty percent (50 %) of CO2 emissions from ships at berth in a port under the jurisdiction of a Member State. In case of a distance between a port under the jurisdiction of a Member State and at a port outside the jurisdiction of a Member State less than 300 nautical miles and ships above a gross tonnage of 4500, the allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of one hundred percent (100%) of the CO2emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port unoutsider the jurisdiction of a Member State and, one hundred percent (100 %) of the CO2 emissions from ships at berth inperforming voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State.
Amendment 284 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 2 a (new)
Article 3g – paragraph 2 a (new)
2 a. By way of derogation from Articles 3g and 3ga, Member States shall take no action against shipping companies in respect of emissions from ships performing voyages to and from ports located in an outermost region, between two different ports located in different outermost regions and between a port located in an outermost region and a port located in the same Member State or other EU Member State. Following a report to the European Parliament and the Council on possible impact of extending the scope of the EU ETS to maritime transport to and from outermost regions, the Commission shall assess whether it is justified to end this derogation, and, where appropriate, it shall submit an amendment for that purpose.
Amendment 299 #
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 307 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga new
Article 3ga new
Amendment 311 #
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 3gd a The Commission shall propose the establishment of a dedicated Maritime Transition Fund (MTF) in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in EU maritime sector. 50% of the revenues generated from the auctioning of allowances referred to in Article 3g shall be allocated to this Fund. The dedicated Fund shall operate in shared management with the Member States under Regulation (EU) 2021/1060 of the European Parliament and of the Council and it shall support the transition to energy efficient and climate resilient EU maritime sector supporting the deployment of sustainable alternative fuels, development of innovative technologies and infrastructure for decarbonising the sector, production, including systems for collection of raw materials, investments in research and development and first industrial application of technologies and designs reducing GHG emissions. The Fund shall aim at a geographical balanced support of the sectors covered, taking into account specific sectoral circumstances and investment needs. The allocation of the MTF resources for each Member State shall take into consideration the impact of the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC on the sector as well as national specificities such as overall economic prosperity, structural weaknesses and required measures to achieve the targets as set out in this proposal for a directive. The resources of the Maritime Transition Fund shall not be generated through reallocation of resources from any other EU policies, funds or programmes.
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd new
Article 3gd new
Amendment 322 #
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 to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport to ensure a global approach. 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 European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate in order to align EU legislation with measures taken on the global level.
Amendment 328 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
Article 3ge – paragraph 2
2. The Commission shall monitor and evaluate the implementation of this Chapter and, possible trends as regards companies seeking to avoid being bound by the requirements of this Directivend adverse impacts as regards, inter alia, the competitiveness of the EU maritime sector and companies seeking to avoid being bound by the requirements of this Directive through annual reports analysing market distortions and deterioration of level playing field of the maritime sector. Among analysed trends, the Commission shall analyse changes in transhipment calls being made on ports in the Union, number of voyages coming from neighbouring ports and port calls from feeder vessels and overall changes in port traffic in the EU ports among others. If appropriate, the Commission shall propose measures to prevent such avoidancepossible adverse impacts.;
Amendment 332 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2a (new)
Article 3ge – paragraph 2a (new)
2 a. No later than by 31 December two years after the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in the labour market, transport freight rates, household purchasing power and the magnitude of carbon leakage among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level-playing field.
Amendment 333 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2b(new)
Article 3ge – paragraph 2b(new)
2 b. In 202X (one year after first phase-in of ETS for maritime), the Commission shall prepare a report on the development of import and export costs in form of indirect costs stemming from shipping for European manufacturing with particular focus on commodities traded at global reference prices. On this basis, the Commission shall propose Member States to adopt financial measures in line with the second and fourth subparagraphs of Article 10a6 in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to indirect costs that are actually incurred from additional transport costs passed on in maritime freight prices for the import or export of products, precursors, raw materials and commodities. These financial measures shall be in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market.
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 6 – point e
Article 6 – point e
(e) an obligation to surrender allowances equal to the total emissions of the installation in each calendar yeareach calendar year allowances in accordance with provisions of this Directive, as verified in accordance with Articles3gc and 15, within four months following the end of that year;.
Amendment 336 #
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]2029, the Union-wide quantity of allowances shall be deincreased by [-- 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 millionnumber corresponding to scope of application to maritime transport activities as set out in Article 3g of Directive 2003/87/EC] allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %[XX] %, calculated to reduce the overall cap in view of reaching the 2030 target. 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 340 #
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 4
Article 10 – paragraph 1 – subparagraph 4
In addition, 2,54 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1,5% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
Amendment 342 #
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 the 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 and revenues transferred to Aviation Transition Fund, Maritime Transition Fund in accordance with Article 3dnew and3gd (new). 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 costs referred to in Article 10a(6), for one or more of the following:;
Amendment 343 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
3. Member States shall determine the 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 and revenues transferred to Maritime Transition Fund in accordance with Article 3gd a (new). 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 costs referred to in Article 10a(6), for one or more of the following:
Amendment 344 #
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 – point f
Article 10 – paragraph 3 – point f
(b a) in paragraph 3, point f is amended as follows: "(f) to encourage a shift to low- emission and public forms of transport;, including the development of passenger and freight rail transport."
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point (c a) new
Article 1 – paragraph 1 – point 11 – point (c a) new
(c a ) In paragraph 3, the following point (f a) is inserted: "(f a) to finance measures to support airports decarbonisations in accordance with Regulation xxx/xxxx on the deployment of alternative fuels infrastructure, and Regulation xxxx/xxxx on ensuring a level playing field for sustainable air transport;"
Amendment 349 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point h a (new)
Article 10 – paragraph 3 – point h a (new)
(h a) to finance measures to support airports decarbonisations in accordance with Regulation xxx/xxxx on the deployment of alternative fuels infrastructure, and Regulation xxxx/xxxx on ensuring a level playing field for sustainable air transport;
Amendment 350 #
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
Article 10 – paragraph 3 – subparagraph 2
(c a) Article 10 - paragraph 3 - subparagraph 2 "(c a) In paragraph 3, the second subparagraph is amended as follows: " Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies, including in particular in developing countries, or domestic regulatory policies, which leverage financial support, established for the purposes set out in the first subparagraph, including the transfers to Aviation Fund and Maritime Fund, and which have a value equivalent to at least 950 % of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in paragraph 2, points (b) and(c). ; Or. en (Directive 2003/87/EC)
Amendment 351 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the timing, administration and other aspects of auctioning, including the modalities for the transfer of a share of revenues to the Union budget, Aviation Fund and Maritime Fund in order to ensure that it is conducted in an open, transparent, harmonised and non- discriminatory manner.
Amendment 352 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the timing, administration and other aspects of auctioning, including the modalities for the transfer of a share of revenues to the Union budget, and the Maritime Transition Fund in order to ensure that it is conducted in an open, transparent, harmonised and non- discriminatory manner.
Amendment 355 #
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
1a. 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 Mechanismwhen CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products.
Amendment 361 #
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 and processes 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, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport, including for refuelling and recharging infrastructure in ports, connection to electricity grid and other energy infrastructure, and first industrial application to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation and road transport; further development of the railway system and local public transport addressing both the physical and digital infrastructure and fleets. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
(-a) Article 12(1) is replaced as following : " 1. Member States shall ensure that allowances can be transferred between: (a) personregulated entities within the Union ; (b) personregulated entities within the Union and persons in third countries, where such allowances are recognised in accordance with the procedure referred to in Article 25 without restrictions other than those contained in, or adopted pursuant to, this Directive Or. en (Directive 2007/87/EC)
Amendment 377 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point a new
Article 12 – paragraph 3 – point a new
(a a) An aircraft operator shall receive allowances free of charge proportional with the use of sustainable aviation fuels, including renewable fuels of non- biological origin. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to subpagraph (ab) of this Article
Amendment 378 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
(a b) The amount of allowances received free of charge by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: (a) By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. (b) By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. (c) By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive.
Amendment 379 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 a c new
Article 12 – paragraph 3 a c new
(a c) An aircraft operator shall also receive allowances free of charge proportional with the use of best available aircraft technology in the previous year. (a) The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the EU taxonomy. Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance shall apply. (b) An operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year to the competent authorities. These shall request that the reported data is substantiated and verify the data. (c) To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology.
Amendment 380 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc and provisions of Article 3ga.
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc. Shipping companies may surrender fewer allowances on the basis of ships’ ice class or navigation in ice or both. By 31 December 2022, the Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive by establishing a methodology for calculating there adjusted quantity of allowances to be surrendered by shipping companies on the basis of ships’ ice class or navigation in ice or both.
Amendment 389 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Member States, administering Member States and administering authorities in respect of a shipping company shall ensure that allowances surrendered in accordance with the first subparagraph are subsequently cancelled.; To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 390 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
By 31 December 2025 [year previous to first reporting year referred to in Article 3ga] the Commission shall adopt a delegated act pursuant to Article 23 to supplement this Directive concerning the method for surrendering an adjusted number of allowances for ice-classed vessels, including the methodology for determining adjustments on the basis of technical characteristics that increase emissions of ice-classed ships during their navigation and the corresponding requirements for shipping companies intending to make use of such adjustments. To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e a (new)
Article 1 – paragraph 1 – point 15 – point e a (new)
Directive 2003/87/EC
Article 12 – paragraph 4
Article 12 – paragraph 4
(e a) paragraph 4 is amended as follows: "4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the personregulated entity holding them. In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States may 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). " Or. en ((Directive 2003/87/EC))
Amendment 398 #
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
Amendment 399 #
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 19 – paragraph 2a (new)
Article 19 – paragraph 2a (new)
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 3a (new)
Article 30d – paragraph 3a (new)
3 a. 25 % of the total quantity of allowances covered by this Chapter shall be auctioned and the revenues generated therefrom shall be allocated to EU budget as own resources in accordance with Article 2(e)(1) of the Decision (EU, Euratom) 2020/2053
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 3b new
Article 30d – paragraph 3b new
3 b. 25 % of the total quantity of allowances covered by this Chapter shall be auctioned and the revenues generated therefrom shall be allocated to the Social Climate Fund established by Regulation (EU)20…/xxx [Social Climate Fund Regulation].
Amendment 421 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5
Article 30d – paragraph 5
5. Member States shall determine the use of revenues generated from the auctioning of allowances referred to in paragraph 4, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget as provided in paragraph 3a of this Article and except for the revenues transferred to the Social Climate Fund in accordance with paragraph 3b of this Article. Member States shall use their revenues for one or more of the activities referred to in Article 10(3) or for one or more of the following:
Amendment 425 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5 – point b – subparagraph 2
Article 30d – paragraph 5 – point b – subparagraph 2
Member States shall use a part of their auction revenues generated in accordance with this Article to address social aspects of the emission trading under this Chapter with a specific emphasis on vulnerable households, vulnerable micro-enterprises and vulnerable transport users as defined under Regulation (EU) 20…/nnxxx [Social Climate Fund Regulation](*). Where a Member State submits to the Commission a [Social Climate Plan] pursuant to that Regulation, the Member State shall use those revenues inter alia to finance that plan including as national contribution as provided in Article 14 of the Regulation (EU) 20…/xxx [Social Climate Fund Regulation.
Amendment 426 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30d – paragraph 5 – point b – subparagraph 3
Article 30d – paragraph 5 – point b – subparagraph 3
Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies or regulatory policies, which leverage financial support, established for the purposes set out in the first subparagraph and which have a value equivalent to the revenues generated from the auctioning of allowances referred to in this Chapterin accordance with paragraph , subparagraph 1 of this Article.
Amendment 438 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 1
Article 30h – paragraph 1
1. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than twice the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 50 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 439 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 1
Article 30h – paragraph 1
1. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than twice the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 50 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 441 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 2
Article 30h – paragraph 2
2. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than three times the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 150 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 442 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30h – paragraph 2
Article 30h – paragraph 2
2. Where, for more than threewo consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than three times the average price of allowance during the sixfour preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 150 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814.
Amendment 447 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 i – paragraph 1a (new)
Article 30 i – paragraph 1a (new)
The Commission shall consider possible amendments to this Directive with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum.
Amendment 451 #
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 5a
Article 1 – paragraph 5a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 400 million allowances shall no longer be valid.be set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor. Any further increase of the Modernisation Fund and the Innovation Fund shall not be generated through reallocation of resources from any other EU policies, funds or programmes;
Amendment 463 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point -a
Article 3 – paragraph 1 – point 4 – point -a
Regulation (EU) 2015/757
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 465 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point 5 a (new)
Article 3 – paragraph 1 – point 4 – point 5 a (new)
Regulation (EU) 2015/757
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
(5 a) In Article 9, the last subparagraph of paragraph 1 is replaced by the following "Companies may also monitor information relating to the ship's ice class and to navigation through ice, where applicable. For shipping companies aiming to surrender fewer emission allowances on the basis of navigation in ice conditions under Directive 2003/87/EC monitoring shall include information on the voyage involving navigation in ice."
Amendment 466 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point 5b (new)
Article 3 – paragraph 1 – point 4 – point 5b (new)
Regulation (EU) 2015/757
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
(5 b) In Article 9, the introductory part of paragraph 2 is replaced by the following: "2. By way of derogation from paragraph 1 of this Article and without prejudice to Article 10, a company shall be exempt from the obligation to monitor the information referred to in paragraph 1 of this Article on a per-voyage basis in respect of a specified ship for the voyages to which it forfeits the right to surrender fewer emission allowances on the basis of the navigation in ice under Directive 2003/87/EC, if:"
Amendment 469 #
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 1 – point k a new
Article 10 – paragraph 1 – point k a new
(6a). In Article 10, the following point (ka) is inserted: "(ka) Companies may monitor information relating to the ship's ice class and to navigation through ice, where applicable. For shipping companies aiming to surrender fewer emission allowances on the basis of ships’ ice class or navigation in ice or both under Directive 2003/87/EC the monitoring shall include aggregated CO2 emissions from all voyages that involved navigating in ice conditions and total distance travelled during voyages that involved navigating in ice conditions."
Amendment 470 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Amendment 485 #
Proposal for a directive
Annex I – point 3 – point c
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – part C – point B – introductory part
Annex IV – part C – point B – introductory part
B. For each type of fuel released for consumption and which is used for combustion in the buildings and road transport sectors as defined in Annex III, for which emissions are calculated: