Activities of Damien CARÊME related to 2021/0214(COD)
Opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a carbon border adjustment mechanism
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a carbon border adjustment mechanism
Amendments (68)
Amendment 69 #
Proposal for a regulation
Recital 2
Recital 2
(2) The Paris Agreement33 , adopted in December 2015 under the United Nations Framework Convention on Climate Change (‘UNFCCC’) entered into force in November 2016. The Parties to the Paris Agreement, inBy adopting the Glasgow Climate Pact its AParticle 2, have agreed to holdes recognised that limiting the increase in the global average temperature well below 21,5 °C above pre- industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levelswould significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 to close the ambition gap. __________________ 33 OJ L 282, 19.10.2016, p.4.
Amendment 83 #
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result in the same level of climate ambition, there isand as the Union increases its climate ambition, there could be a risk of carbon leakage. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products. That could lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 104 #
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocation under the EU ETSand compensation schemes for indirect emission costs under the EU ETS undermine the polluter-pays principle and weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus heavily reduces the affects the incentives for investment into further abatement of emissions. Moreover, the free allowances under the EU ETS as well as compensation of indirect emission costs weaken the CBAM’s compatibility with WTO rules. The CBAM should therefore be introduced in parallel with the phasing out of the free allowances and state aid compensation schemes for indirect emission costs for the affected sectors.
Amendment 126 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing carbon leakage mechanisms, by addressending the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Unionexemptions to the application of the ‘polluter pays’ principle granted until now to European industry and by simultaneously creating fairness between the Union’s producers and those of third countries, by ensuring equivalent carbon pricing for imports and domestic products. The allocation of free allowances and the compensation of indirect emission costs should come to an end from the full application of the CBAM from 1 January 2025.
Amendment 140 #
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent possible the risk of carbon leakage and ensuring the polluter-pays principle is applied to covered sectors, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated.
Amendment 141 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) While the objective of the CBAM, combined with a revised ETS, is primarily to reduce greenhouse gas emissions inside and outside the Union in the pursuit of the Paris Agreement targets, this measure could also bring other economic and climate benefits. By contributing to ensuring effective and meaningful carbon pricing, as part of a broader regulatory environment, this Regulation can act as an economic incentive to spur investments in the decarbonisation of the economies of the Union and the world. This Regulation can also act as an incentive for a greater regulatory ambition and promote multilateral dialogue with a view to setting a minimum carbon price globally.
Amendment 167 #
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.
Amendment 170 #
Proposal for a regulation
Recital 18
Recital 18
(18) The EU ETS and the CBAM have a common objective of pricing GHG emissions embedded in the same sectors and goods through the use of specific allowances or certificates. Both systems have a regulatory nature and are justified by the need to curb GHG emissions, in line with polluter-pays principle, the environmental objective set out in Union and Paris agreement.
Amendment 192 #
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverto cover those products that contribute significantly to climate change and face a genuine risk of carbon leakage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a potential risk of carbon leakage. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 Before the end of the transition period, the Commission should propose to extend the scope of this Regulation to other products than those listed in Annex I, including but not limited to oil, paper, glass, and upstream and downstream products, as well as the components of finished products that use products covered by this Regulation. The Commission should take account of the potential social impacts of extending the scope and propose measures to minimise these effects, where necessary. __________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 203 #
Proposal for a regulation
Recital 30
Recital 30
(30) The use of the first criterion allows listing the following industrial sector in terms of cumulated emissions: iron and steel, refineries, cement, organic basic chemicals, hydrogen, polymers and fertilisers.
Amendment 206 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 216 #
Proposal for a regulation
Recital 34
Recital 34
(34) However, aluminium products should be included in the CBAM as they are highly exposed to carbon leakage. Moreover, in several industrial applications they are in direct competition with steel products because of characteristics closely resembling those of steel products. Inclusion of aluminium is also relevant as the scope of the CBAM maywill be extended to cover also indirect emissions in the future.
Amendment 234 #
Proposal for a regulation
Recital 45
Recital 45
(45) The physical characteristics of electricity as a product, in particular the impossibility to follow the actual flow of electrons, justifies a slightly different design for the CBAM. DBut default values should not be used as a standard approach and it should be possible for authorised declarants to claim the calculation of their CBAM obligations based on actual emissions. Electricity trade is different from trade in other goods, notably because it is traded via interconnected electricity grids, using power exchanges and specific forms of trading. Market coupling is a densely regulated form of electricity trade which allows to aggregate bids and offers across the Union.
Amendment 235 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) To support climate action and the objectives of the Green Deal through an EU contribution in favour of LDCs this Regulation establishes the European Fund for International Climate Action. The Fund should aim at helping LDCs to reduce greenhouse gas emissions, adapt to the impacts of climate change and fund research and development for climate change mitigation and adaptation.
Amendment 239 #
Proposal for a regulation
Recital 55 b (new)
Recital 55 b (new)
(55b) All revenues from the sale of carbon border adjustment mechanism certificates should be transferred to the EU budget as own resources in view of the new budgetary expenditure for the repayment of the financing costs of the European Fund for International Climate Action. The fund should be endowed with annual appropriations authorised by the European Parliament and by the Council within the limits of the multiannual financial framework that would be equivalent to an estimation of the amounts raised by the CBAM own resources.
Amendment 242 #
Proposal for a regulation
Recital 48
Recital 48
(48) Integration of third countries into the Union electricity market is an important drive for those countries to accelerate their transition to energy systems with high shares of renewable energies. Market coupling for electricity, as set out in Commission Regulation (EU) 2015/122246 , enables third countries to better integrate electricity from renewable energies into the electricity market, to exchange such electricity in an efficient manner within a wider area, balancing supply and demand with the larger Union market, and reduce the carbon intensity of their electricity generation. Integration of third countries into the Union electricity market also contributes to the security of electricity supplies in those countries and in the neighbouring Member States. Electricity produced in third countries’ nuclear plants that do not meet the EU recognised nuclear safety levels and the standards of responsible and safe management of spent fuel and radioactive waste should be prevented from reaching the EU electricity market. __________________ 46Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, p. 24).
Amendment 244 #
Proposal for a regulation
Recital 49
Recital 49
(49) Once third countries will be closely integrated into the Union electricity market via market coupling, technical solutions should be found to ensure the application of the CBAM to electricity exported from such countries into the customs territory of the Union. If technical solutions cannot be found, third countries that are market coupled should benefit from a time limited exemption from the CBAM until at the latest 2030 with regard solely to the export of electricity, provided that certain conditions are satisfied, including the commitment to phase out coal-based electricity production by 2030 for OECD members at the latest, the adoption of effective administrative mechanisms to enforce implementation of the Union electricity market legislation, and the fulfilment of EU recognised nuclear safety levels, among others. However, those third countries should develop a roadmap and commit to implement a carbon pricing mechanism providing for an equivalent price as the EU ETS, and should commit to achieving carbon neutrality by 2050 [as well as?] to align with Union legislation in the areas of environment, climate, competition and energy. That exemption should be withdrawn at any time if there are reasons to believe that the country in question does not fulfil its commitments or it has not adopted by 2030 an ETS equivalent to the EU ETS.
Amendment 252 #
Proposal for a regulation
Recital 50
Recital 50
(50) A transitional period should apply during the period 2023 until 20254. A CBAM without financial adjustment should apply, with the objective to facilitate a smooth roll out of the mechanism hence reducing the risk of disruptive impacts on trade. Declarants should have to report on a quarterly basis the actual embedded emissions in goods imported during the transitional period, detailing direct and indirect emissions as well as any carbon price paid abroad.
Amendment 261 #
Proposal for a regulation
Recital 51
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations. Before the end of the transition period, the Commission should evaluate the governance system with a view to setting up a new European CBAM Authority that would coordinate the work of the competent authorities, help to centralise and exchange data and serve as a single point of contact for operators, authorised declarants and any other interested parties, with all the relevant information concerning the implementation of this Regulation.
Amendment 298 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage. and incentivise the reduction of GHG emissions in sectors covered by this regulation within the Union and in third countries. CBAM shall contribute to delivering on the European Green Deal and European Climate Law.
Amendment 316 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will progressively becomeis an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge and compensation of indirect emission costs in accordance with Article 10a and Article 10a (6) of that Directive.
Amendment 320 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The compatibility of CBAM with WTO rules shall be ensured by abolishing free allowances for EU ETS sector, including for the exported products. .
Amendment 332 #
Proposal for a regulation
Article 2 – paragraph 7 – point a
Article 2 – paragraph 7 – point a
(a) the third country or territory has concluded an agreement with the Union, setting out an obligation to apply the Union law in the field of electricity, including the legislation on the energy efficiency policies and development of renewable energy sources, as well as other rules in the field of energy, environment, notably on large combustion plants and/or industrial emission as well as water management and competition;
Amendment 333 #
Proposal for a regulation
Article 2 – paragraph 7 – point b
Article 2 – paragraph 7 – point b
(b) the national law in that third country or territory implements the main provisions of the Union electricity market legislation, including on energy efficiency policies, the development of renewable energy sources and the coupling of electricity markets;
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 7 – point b a (new)
Article 2 – paragraph 7 – point b a (new)
(b a) the third country or territory has in place and applies rules on effective legal and administrative enforcement of the implementation of the Union electricity market legislation;
Amendment 335 #
Proposal for a regulation
Article 2 – paragraph 7 – point c
Article 2 – paragraph 7 – point c
(c) the third country or territory has submitted a roadmap to the Commission, containing a timetable with the specific milestones for the adoption of measures to implement the conditions set out in points (d), d (a), d(b) and (e);
Amendment 338 #
Proposal for a regulation
Article 2 – paragraph 7 – point d a (new)
Article 2 – paragraph 7 – point d a (new)
(d a) the third country or territory has committed to phase out coal-based electricity production which would be by 2030 for OECD members at the latest;
Amendment 339 #
Proposal for a regulation
Article 2 – paragraph 7 – point d b (new)
Article 2 – paragraph 7 – point d b (new)
(d b) the third country or territory fulfils EU recognised nuclear safety levels and apply the requirements of Council directive 2009/71/EURATOM establishing a Community framework for the nuclear safety of nuclear installations (including Council directive2014/87/EURATOM amending Directive 2009/71/Euratom); and Council directive 2011/70/EURATOM establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste;
Amendment 340 #
Proposal for a regulation
Article 2 – paragraph 7 – point f
Article 2 – paragraph 7 – point f
(f) the third country or territory has put in place and applies robust and effective systems to prevent indirect import of electricity in the Union from other third countries not meeting the requirements set out in points (a) to (e).
Amendment 342 #
Proposal for a regulation
Article 2 – paragraph 9 – point b
Article 2 – paragraph 9 – point b
(b) if the third country or territory has taken steps contrary to its decarbonisation objectives, such as providing public support for the establishment of new generation capacity that emits more than 550 g of CO2 of fossil fuel origin per kWh of electricity.direct and indirect public support for generation capacity of fossil fuel origin;
Amendment 364 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘emissions’ mean the release of greenhouse gases into the atmosphere from the production of goods and from the energy consumed for the production of these goods;
Amendment 371 #
Proposal for a regulation
Article 3 – paragraph 1 – point 16
Article 3 – paragraph 1 – point 16
(16) ‘embedded emissions’ mean direct and indirect emissions released during the production of goods, calculated pursuant to the methods set out in Annex III; and during the production of the energy consumed by the producer of goods pursuant to the methods to be defined by the Commission in accordance with Article 7(7a);
Amendment 374 #
Proposal for a regulation
Article 3 – paragraph 1 – point 22
Article 3 – paragraph 1 – point 22
(22) ‘actual emissions’ mean the emissions calculated based on primary data from the production processes of goods and from the production of energy consumed during the production processes of goods;
Amendment 394 #
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the total number of CBAM certificates corresponding to the total embedded emissions, to be surrendered, after the reduction due on the account of the carbon price paid in a country of origin in accordance with Article 9 and the adjustment necessary of the extent to which EU ETS allowances are allocated free of charge in accordance with Article 31.
Amendment 395 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. EmbeddedDirect emissions in goods shall be calculated pursuant to the methods set out in Annex III.
Amendment 396 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. EmbeddedDirect emissions in goods other than electricity shall be determined based on the actual emissions in accordance with the methods set out in Annex III, points 2 and 3. When actual emissions cannot be adequately determined, the embedded emissions shall be determined by reference to default values in accordance with the methods set out in Annex III, point 4.1.
Amendment 397 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Embedded emissions in imported electricity shall be determined by reference to default values in accordance with the method set out in Annex III, point 4.2, unless the authorised declarant chooses to determine or by the embedded emissions based on the actual emissions in accordance with that annex, point 5. The determination of embedded emissions based on actual emissions shall be the preferred option
Amendment 399 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The European Commission shall offer technical and financial assistance, financed by the revenues raised through this regulation, to authorised declarants from low-income countries with the aim of facilitating the measurement, reporting and verification of embedded emissions based on actual emissions for these declarants, in accordance with Annex III of this Regulation
Amendment 406 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. The implementing acts referred to in paragraph 6 shall be adopted in accordance with the examination procedure referred to in Article 29(2). and only after the determined Union-wide ex-ante benchmarks are reviewed in view of modifying the definitions and system boundaries of existing product benchmarks as determined in Article 10a, paragraph 12 of the EU ETS revision (2021/0211).
Amendment 407 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7a. The Commission is empowered to adopt delegated acts in accordance with Article 28 regarding the definition of a method of calculating indirect embedded emissions for simple and complex products and relevant default values, as well as a method of determining the CBAM price of indirect embedded emissions. The Commission shall adopt the implementing acts and the delegated acts referred to in paragraphs 6 and 7a by31 December 2023, with a view to ensuring their application from1 January 2024.
Amendment 441 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Use of revenues from the sale of CBAM certificates and establishment of the European Fund for International Climate Action 1. Revenues generated from the sales of CBAM certificates shall allow for greater support for climate action and the objectives of the Green Deal through an EU contribution to international climate finance in favour of LDCs, to reduce greenhouse gas emissions in these countries, to adapt to the impacts of climate change, to fund research and development for mitigation and adaptation in these countries. 2. For the purpose of paragraph 1, the European Fund for International Climate Action is hereby established. 3. The European Fund for International Climate Action shall be endowed with resources equivalent to those resources generated by the CBAM certificates. 4. The resources of the European Fund of International Climate Action shall used for the purpose of reducing greenhouse emissions and addressing mitigation and adaptation effects of climate change in least developed countries (LDCs). 5. To ensure transparency of the use of revenues generated from the sale of CBAM certificates the Commission shall, on a yearly basis, report to the European Parliament and the Council on how the revenues from the sale of CBAM certificates, from the previous year has been used and how this has contributed to tackling climate change.
Amendment 572 #
Proposal for a regulation
Article 21 – paragraph 1 – introductory part
Article 21 – paragraph 1 – introductory part
1. The Commission shall calculate the price of CBAM certificates as the sum of the price of direct and indirect emissions. The price of direct emissions shall correspond to the average price of the closing prices of EU ETS allowances on the common auction platform in accordance with the procedures laid down in Commission Regulation (EU) No 1031/201054 for each calendar week. __________________ 54 Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC (OJ L 302, 18.11.2010, p. 1).
Amendment 575 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
For those calendar weeks in which there are no auctions scheduled on the common auction platform, the price of CBAM certificatedirect emissions shall be the average price of the closing prices of EU ETS allowances of the last week in which auctions on the common auction platform took place.
Amendment 578 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The price of indirect emissions shall be determined in the delegated acts referred to in Article 7.(7a). The Commission is also empowered to adopt implementing acts to further define the methodology to calculate the average price of CBAM certificates and practical arrangements for the publication of the price. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).
Amendment 644 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other than those listed in Annex I, andto develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 650 #
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Before the end of the transitional period, the Commission shall present a legislative proposal with a view to extending the scope of this Regulation to goods other than those listed in Annex I goods, including but not limited to oil refineries, paper, glass, and downstream products.
Amendment 655 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the: - an assessment of the possibilities to furthersocial impacts of extending the scope of embedded emissionsCBAM to other goods than those listed in Annex I, with measures designed to mindirect emissions and to oimise these effects; - an assessment of ther goods at risk of carbon leakage than those already covered by this Regulation, as well avernance system with a view to setting up a new European CBAM Authority to be given the tasks of coordinating the competent authorities, centralising data and serving as a single point of contact for operators, authorised declarants and assessment of the governance system. It shall also contain theny other interested parties; - an identification of circumvention and fraud practices and possible measures to address these; - an assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 673 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. 3(a) The Commission shall monitor the functioning of the Carbon Border Adjustment Mechanism. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the Carbon Border Adjustment Mechanism, including the volumes of imported products covered by this Regulation, the quantity of emissions embedded in those products, as well as products’ average emissions-intensity. Information should also be provided on the use of revenues gained, particularly in relation to the EU’s contribution to international climate finance, and consistency with the transition to climate neutrality. This information should be presented in a transparent format and should be distinguishable by third country of origin. The yearly report should also include an assessment of the impacts of this regulation on the risk of carbon leakage relevant sectors, of the evidence and risk of circumvention and of the administrative procedures for declarants. Where necessary, Member States shall ensure that any relevant information is submitted to the Commission at least three months before the Commission adopts the report.
Amendment 682 #
Proposal for a regulation
Chapter IX – title
Chapter IX – title
Amendment 684 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. The CBAM certificates to be surrendered in accordance with Article 22 shall be adjusted to reflect the extent to which EU ETS allowances are allocated free of charge in accordance with Article 10a of Directive 2003/87/EC to installations producing, within the Union, the goods listed in Annex INo free allocation shall be given in relation to the production within the Union of goods listed in Annex I as from the date of application of the CBAM, as provided in Article 36(3).
Amendment 692 #
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
Amendment 706 #
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the actual total embedded direct emissions, expressed in tonnes of CO2e emissions per megawatt-hour of electricity or for other goods in tonne of CO2e emissions per tonne of each type of goods, calculated in accordance with the method set out in Annex III;
Amendment 707 #
Proposal for a regulation
Article 35 – paragraph 2 – point c
Article 35 – paragraph 2 – point c
(c) the actual total embedded indirect emissions, expressed in tonnes of CO2e emissions per tonne of each type of other goods than electricity, calculated in accordance with a method set out in an implementingthe delegated acts referred to in paragraph 6Article 7(7a);
Amendment 713 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning the information to be reported, the procedures for communicating the information referred to in paragraph 3 and the conversion of the carbon price paid in foreign currency into euro at yearly average exchange rate. The Commission is also empowered to adopt implementing acts to further define the necessary elements of the calculation method set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and their respective application to individual goods as well as laying down methods to ensure the reliability of data, including the level of detail and the verification of this data. The Commission is further empowered to adopt implementing acts to develop a calculation method for indirect emissions embedded in imported goods.
Amendment 717 #
Proposal for a regulation
Article 36 – paragraph 3 – point a
Article 36 – paragraph 3 – point a
(a) Articles 32 to 34 shall apply until 31 December 20254.
Amendment 720 #
Proposal for a regulation
Article 36 – paragraph 3 – point b
Article 36 – paragraph 3 – point b
(b) Article 35 shall apply until 28 February 20265.
Amendment 723 #
Proposal for a regulation
Article 36 – paragraph 3 – point c
Article 36 – paragraph 3 – point c
(c) Articles 5 and 17 shall apply from 1 September 20254.
Amendment 726 #
Proposal for a regulation
Article 36 – paragraph 3 – point d
Article 36 – paragraph 3 – point d
(d) Articles 4, 6, 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 31 shall apply from 1 January 20265.
Amendment 736 #
Proposal for a regulation
Annex I – subheading 5 a (new)
Annex I – subheading 5 a (new)
Hydrogen
Amendment 737 #
Proposal for a regulation
Annex I – table 5 a (new)
Annex I – table 5 a (new)
CN Code Greenhouse gas 2804 10 000 - Hydrogen Carbon dioxide 2814 10 000 - Anhydrous amonia Carbon dioxide 2814 20 00 - Amonia in aqueous solution Carbon dioxide
Amendment 738 #
Proposal for a regulation
Annex I – subheading 5 b (new)
Annex I – subheading 5 b (new)
Chemicals
Amendment 739 #
Proposal for a regulation
Annex I – table 5 b (new)
Annex I – table 5 b (new)
CN Code Greenhouse gas 29 - Organic Chemicals Carbon dioxide
Amendment 740 #
Proposal for a regulation
Annex I – subheading 5 c (new)
Annex I – subheading 5 c (new)
Polymers
Amendment 741 #
Proposal for a regulation
Annex I – table 5 c (new)
Annex I – table 5 c (new)
CN Code Greenhouse gas 39 - Plastics and articles thereof Carbon dioxide and nitrous oxide
Amendment 747 #
Proposal for a regulation
Annex III – point 4 – point 4.2 – point 4.2.1 – paragraph 1
Annex III – point 4 – point 4.2 – point 4.2.1 – paragraph 1
Specific default values shall be based on the best data available to the Commission determining the average CO2 emission factor in tonnes of CO2 per megawatt- hour of price-setting sources10% worst performing installations producing electricity in the third country, group of third countries or region within a third country.
Amendment 748 #
Proposal for a regulation
Annex III – point 4 – point 4.2 – point 4.2.2 – paragraph 1
Annex III – point 4 – point 4.2 – point 4.2.2 – paragraph 1
Where no specific default value has been determined for a third country, a group of third countries, or a region within a third country, the default value for electricity shall represent the CO2 emission factor of the 10% worst installations in the EU, in tonne of CO2 per megawatt- hour. That means the weighted average of the CO2 intensity of electricity produced from fossil fuelthe 10%worst performing fossil fuels- based installations in the EU. The weight reflects the production mix of the fossil fuels10% worst performing installations producing electricity in the EU. The CO2 factor is the result of the division of the CO2 emission data of the energy industr10% worst performers producing electricity divided by their gross electricity generation based on fossil fuels in megawatt- hour.
Amendment 749 #
Proposal for a regulation
Annex III – point 4 – point 4.2 – point 4.2.2 – paragraph 2
Annex III – point 4 – point 4.2 – point 4.2.2 – paragraph 2
Where authorised declarants of goods originating in a third country, or for a group of third countries having a significant exchange of electricity with the EU, it can be demonstrated, on the basis of reliable data, that the average CO2 emission factor of price-setting sources inelectricity exported from that third country or that group of third countries is lower than the one10% worst performing installations producing in the EU or lower than the specific default value, an alternative default value based on that average CO2e emission factor shall be established for that country or group of countries.
Amendment 752 #
Proposal for a regulation
Annex III – point 5 – paragraph 1 – point c a (new)
Annex III – point 5 – paragraph 1 – point c a (new)
(c a) if the installation producing electricity is a nuclear power plant, it must fulfil EU recognised nuclear safety levels and apply the requirements of Council directive 2009/71/EURATOM establishing a Community framework for the nuclear safety of nuclear installations(including Council directive2014/87/EURATOM amending Directive2009/71/Euratom); and Council directive 2011/70/EURATOM of 19 July2011establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste;