48 Amendments of Adam JARUBAS related to 2021/0211(COD)
Amendment 121 #
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, and eliminating the support to any investments related to solid fossil fuels. A technology neutral approach should be applied in order to achieve the most cost-effective emission reductions. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; 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 151 #
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. 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. Due to their public utility nature, the units for the incineration of hazardous or municipal waste should continue to benefit from the exemption from the greenhouse gas emission permit. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify 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 technologies. 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.
Amendment 220 #
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 3
Article 10 – paragraph 1 – subparagraph 3
In addition, 2,5 % 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 400 million 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 293 #
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 , isntends to complement and progressively offer an alternative to free allocation to address the risk of carbon leakage without undermining the Unions competitiveness. To the extent that sectors and subsectors are covered by that measure, and the measure has proven to be effective in preventing carbon leakage, including on leakage on export markets resulting from any drop in EU exports and investment leakage they should not receive free allocation. However, a transitional phasing-out of free allowances, combined with a reserve and review mechanism, is needed to allow producers, importers and traders to adjust to the new regime. The reduction of and to assess the effective implementation of the CBAM. Once the CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, the free allocation received by these sectors should be gradually phased out. Once the CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products and in protecting the competitiveness of European exports, free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. Nonetheless, safeguards should be provided for the products intended for exports. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 202530, 980 % in 202631 and should be reduced by 120 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenfifth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. Theis phase-out of 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 sectorsshould be kept under review in light of the entry into force and effective implementation of the Carbon Border Adjustment Mechanism. 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. _________________ 51 [please insert full OJ reference]
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 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 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1.6%.
Amendment 307 #
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 10 a, paragraph 6, first subparagraph
Article 10 a, paragraph 6, first subparagraph
Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that s. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures arshall be in accordance with State aid rules, and in particular doshall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.
Amendment 310 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) A temporary Carbon Leakage Protection Reserve should be established between 2031 to 2040, linked to the reduction of free allocation. Each year, the free allocation no longer provided to the CBAM sectors, based on the free allocation phase-out calculation, should be placed into the temporary Carbon Leakage Reserve. To this purpose the Commission shall every year, from 2031 to 2035, present to the European Parliament and Council a report on the effectiveness of this Regulation in lowering carbon leakage. By 28 February, the following year the Commission shall report to the European Parliament and the Council on the entry into force of CBAM and its effectiveness during the preceding year. If the assessment is positive, the allowances placed in the reserve should automatically be made available according to provisions of Article 10a(1b) of Directive 2003/87/EC. If the assessment proves negative impact on lowering carbon leakage, the allowances placed in the reserve should automatically be returned to industry, to mitigate the risk of carbon leakage.
Amendment 312 #
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 10 a – paragraph 6 – second subparagraph (new)
Article 10 a – paragraph 6 – second subparagraph (new)
In addition Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant costs that are actually incurred from greenhouse gas emission costs passed on in cost incurred by introduction of Carbon Border Adjustment Mechanism and phase out of free allowances according to [Article 10, paragraph 1, paragraph 12, point d of this directive]. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures shall be in accordance with State aid rules, and in particular shall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1.
Amendment 319 #
Proposal for a directive
Recital 30 b (new)
Recital 30 b (new)
(30b) If any aspect of the CBAM Regulation or related EU ETS provisions is challenged in the WTO and as a result CBAM is cancelled, withdrawn, terminated or not implemented, the free allowances should no longer be phased out, and those already placed in the Carbon Border Adjustment Reserve should automatically be returned to the industry, to mitigate the risk of carbon leakage.
Amendment 377 #
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 10 d – paragraph 2 – point f a (new)
Article 10 d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases”;
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a a (new)
Article 1 – paragraph 1 – point 15 – point a a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 405 #
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 29 b new
Article 29 b new
Amendment 412 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) The increasing energy prices are a big concern for citizens, especially low- income families, and industry, especially SMEs. The main cause of rising energy prices is our dependency on fossil fuel imports. That is why the Fit for 55 Package will, in the future, avoid such constraints. In addition to that, the EU ETS should also be better designed to mitigate the minor part of the problem that is linked to the volatility of EU ETS market prices.
Amendment 413 #
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
(42b) Unexpected or sudden market volatility or excessive price shocks on the EU carbon market, for example, as a result of sudden changes in market behaviour or excessive speculation, negatively affect market predictability and the stable investment climate which is essential for the planning of decarbonization and innovation investments. Therefore, the measures in the event of excessive price fluctuations will be strengthened in a targeted manner to improve the assessment of and reaction to unwarranted price evolutions. These targeted improvements should continue to ensure the proper functioning of the carbon markets, including the role of intermediaries and financial actors in providing liquidity to the market and market access for compliance actors, notably SMEs, while avoiding unexpected or sudden volatility or price shocks.
Amendment 414 #
Proposal for a directive
Recital 42 c (new)
Recital 42 c (new)
(42c) The European Securities and Markets Authority (ESMA) is preparing an assessment of carbon market integrity and transparency, expected to be published by the end of March 2022. This report should be followed, as soon as possible, by a legislative proposal by the Commission to introduce a transparency mechanism for the European carbon markets. However, to continuously monitor market integrity and transparency and guide any rapid potential action, the European Securities and Markets Authority (ESMA) should annually assess and report on the market integrity and transparency of the market and, where relevant, issue further recommendations for targeted improvements. This annual assessment should in particular examine market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Targeted improvements could, for example, include a modification of the reporting of positions held by different categories of participants and penalty mechanisms for market abuse as set out in Regulation (EU) No 596/2014 [Market Abuse Regulation], for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. The recommendations should be assessed in the Commission report which may be accompanied, where appropriate, by a legislative proposal by the Commission to improve integrity and transparency of the European carbon markets.
Amendment 431 #
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 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.
Amendment 533 #
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) Since the transport sector is currently the only sector that has failed to deliver any reductions of greenhouse gas emissions, a significant level of investment in sustainable transport options is required to achieve the Union climate goals and support a modal shift to environmentally friendly forms of transport. Therefore, at least 15 % of the expected revenues from the increased trading of emissions to arise as a result of the extension of the scope of the EU ETS and the introduction of a new EU ETS for heating, transport and other fuels pursuant to this Directive, including 15 % of the national revenues to be allocated by Member States as well as 15 % of the revenues under the Innovation Fund, should be allocated to the further development of public transport, in particular railway and bus systems.
Amendment 631 #
Proposal for a directive
Recital 66 a (new)
Recital 66 a (new)
(66a) In order to take account of impacts on households, a transitional measure should be in place to facilitate a smooth start of new emissions trading for road transport and buildings. This time-limited measure should release allowances from the Market Stability Reserve, or place allowances into the Market Stability Reserve, in relation to a defined corridor based on established values in this Directive.
Amendment 828 #
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
In addition, 2,5 % 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 600 million allowances set aside in the Market Stability Reserve for the purpose of the 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 this Directive] and 2030 from the amount above 600 million allowances set aside in the Market Stability Reserve for the purpose of the Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
Amendment 868 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EU
Article 10 – paragraph 3 – subparagraph 1 – point f
Article 10 – paragraph 3 – subparagraph 1 – point f
(ba) in paragraph 3, first subparagraph, point (f) is replaced by the following: “(f) to encourage a shift to low- emission, zero-emission and public forms of transport;, including the development of passenger and freight rail transport and bus services and technologies;”
Amendment 889 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EU
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
(ca) in paragraph 3, the following subparagraph is inserted: “By way of derogation from the first subparagraph, Member States shall use at least 15 % of the revenues generated from the auctioning of allowances for the development of public transport, in particular passenger and freight rail transport and bus services and technologies, as referred to in point (f) of the first subparagraph.”
Amendment 914 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Article 1 – paragraph 1 – point 11 – point d a (new)
Directive 2003/87/EU
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
(da) the following paragraph is added: “5a. Following the first European Securities and Markets Authority (ESMA) assessment of carbon market integrity and transparency to be published by the end of March 2022, the Commission shall, where appropriate, present as soon as possible a legislative proposal to introduce a transparency mechanism for the European carbon markets.”
Amendment 915 #
(db) the following paragraph is added: “5b. The European Securities and Markets Authority (ESMA) shall regularly monitor the market integrity and transparency of the European carbon market. Each year, it shall produce a public report on the market integrity and transparency of the market, in particular examining the functioning of the market in light of any market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Where relevant, this report shall include recommendations to strengthen market integrity and transparency. These recommendations shall, in particular, consider targeted revisions of the measures in the event of excessive price fluctuations or a modification of the penalty mechanisms, for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. These recommendations shall be assessed in the Commission report pursuant to paragraph 5 which shall be accompanied, where appropriate, by a legislative proposal by the Commission to improve the transparency and integrity of the European carbon market pursuant to Article 29.”
Amendment 970 #
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 2b
Article 10a – paragraph 1 – subparagraph 2b
No free allocation shall be given to installations in sectors or subsectors to the extent they are covered by other measures to address the risk of carbon leakage as established by Regulation (EU) …./.. [reference to CBAM](**) once CBAM has fully demonstrated its effectiveness in equalising CO2 costs between imported and domestic products.. The measures referred to in the first subparagraph shall be adjusted accordingly
Amendment 973 #
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
Amendment 978 #
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 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks.; In order to provide further incentives for reducing greenhouse gas emissions in the steel industry, the annual reduction rate of the product benchmark hot metal calculated pursuant to the previous sub- paragraph shall not be affected by the modification of benchmark definitions and system boundaries pursuant to the fifth sub-paragraph of article 10a1 when the calculation of such rate is influenced by installations that were operational in the period referred to the first sub- paragraph of Article 10a(2).
Amendment 1040 #
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
By way of derogation from the previousfirst subparagraph, for the first years of operation of Regulation [CBAM], the production of these products listed in Annex I to that Regulation shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of theose products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during thebetween … [ the date of entry into force of [CBAM regulation] and the end of 202530, 980 % in 202631 and shall be reduced by 120 percentage points each year to reach 0 % by the tenfifth year.
Amendment 1060 #
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 10 – paragraph 1a – subparagraph 4
Article 10 – paragraph 1a – subparagraph 4
Amendment 1076 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b a (new)
Article 1 – paragraph 1 – point 12 – point b a (new)
Directive 2003/87/EC
Article 10a – paragraph 1a a (new)
Article 10a – paragraph 1a a (new)
Amendment 1078 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b a (new)
Article 1 – paragraph 1 – point 12 – point b a (new)
Article 10a - paragraph 1a b (new)
(ba) the following paragraph is inserted: “1a b. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the Carbon Leakage Protection Reserve provided for in paragraph 1b of this Article, including the criteria to be used for the assessment referred to in the second subparagraph of that paragraph, and the modalities for the reallocation of allowances from the Carbon Border Leakage Protection Reserve to installations referred to in the fourth subparagraph of that paragraph.”
Amendment 1093 #
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 2 - subparagraph 3 - point d
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 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 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1,6 %.;
Amendment 1102 #
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 2 - subparagraph 3 - point d
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 1,6%, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by wthichever of those two percentage rates is relevant, in respect of each year between 2008 ands percentage rate. Where the annual reduction rate is below 0,2%, the benchmark value for the period from 2026 to 2030 shall be the benchmark value applicable in the period from 2013 to 20280.;
Amendment 1140 #
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
Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The sectors or subsectors shall be determined according to the methodology, criteria and thresholds set out in Article 10b, as applied to indirect emissions only, where relevant. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.;
Amendment 1156 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e a (new)
Article 1 – paragraph 1 – point 12 – point e a (new)
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1 a (new)
Article 10a – paragraph 6 – subparagraph 1 a (new)
In addition Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant costs that are actually incurred from greenhouse gas emission costs passed on in cost incurred by introduction of Carbon Border Adjustment Mechanism and phase out of free allowances according to [Article 10, paragraph 1, paragraph 12, point (d) of this Directive]. The Commission shall adopt a delegated act to supplement this Directive concerning the determination of such sectors and subsectors. Such financial measures shall be in accordance with State aid rules, and in particular shall not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1.
Amendment 1157 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e a (new)
Article 1 – paragraph 1 – point 12 – point e a (new)
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 2 a (new)
Article 10a – paragraph 6 – subparagraph 2 a (new)
(ea) in paragraph 6, the following subparagraph is inserted: “Member States may adopt transitional financial measures in favour of sectors or subsectors, suffering loss of production, employment, sales or profitability caused by an increase in greenhouse gas emission costs resulting from the withdrawal of free allowances pursuant to Art. 10a(1a) of this Directive and lack of comparably stringent emission reduction obligations in non-EU countries, provided that such financial measures are in accordance with State aid rules. The sectors or subsectors shall be determined at Member State level, based on factors characteristic to that Member State, such as trade intensity with non-EU countries and emission intensity within the sector or subsector concerned.”
Amendment 1196 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
At least 15 % of the allowances made available to the Innovation Fund under this paragraph shall be used for the further development of public transport, in particular railway and bus systems, addressing both the physical and digital infrastructure and fleets.
Amendment 1272 #
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 and supply side energy efficiency, including in transport, buildings, agriculture and waste;
Amendment 1276 #
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 systemmodernisation of heating and cooling systems and energy efficiency efforts in buildings for both residential and commercial use, including in rural and remote areas; and
Amendment 1282 #
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 a (new)
Article 10d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases;
Amendment 1300 #
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 – introductory part
Article 12 – paragraph 1 – introductory part
Amendment 1388 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2007/87/EU
Article 29 a
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than threetwo times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/ECrelease 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
Amendment 1389 #
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 29 a
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than three times50% higher than the average price of allowances during the two preceding years on the European carbon market measured at the beginning of the six months period, the Commission shall release 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC. to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
Amendment 1395 #
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 29 a a (new)
Article 29 a a (new)
Amendment 1470 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
By way of derogation from the first subparagraph, Member States shall use at least 15 % of the revenues generated from the auctioning of allowances for the development of public transport, in particular passenger and freight rail transport and bus services and technologies, as referred to in point (b) of the first subparagraph. This provision can be fulfilled by funding through the Social Climate Fund.
Amendment 1518 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2 a (new)
Article 30 h – paragraph 2 a (new)
2a. As the transitional measure to facilitate initial application of Chapter IVa through the application of a corridor for a period of 3 years, where the average price of allowance referred to in paragraph 1 is less than 20 EUR, allowances shall be placed into the Market Stability Reserve at a rate of 10 million allowances over 3 months. Where the average price of allowance referred to in paragraph 1 exceeds 60 EUR, allowances shall be released from the Market Stability Reserve at a rate of 10 million allowances over 3 months.
Amendment 1524 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2 b (new)
Article 30 h – paragraph 2 b (new)
2b. If paragraph 1 or 2 of this Article apply, the application of paragraph 2a shall be suspended during that period.
Amendment 1546 #
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 allowances, 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 12 % 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 if during the preceding year period on the European carbon market the average allowance price is lower than 30 EUR.
Amendment 1559 #
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 2023 allowances held in the reserve above 4600 million allowances shall no longer be validbe set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor.