BETA

89 Amendments of Pietro FIOCCHI related to 2021/0211(COD)

Amendment 117 #
Proposal for a directive
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12) thereof,
2022/02/22
Committee: ENVI
Amendment 128 #
Proposal for a directive
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled frompendent on sustainable and responsible resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well- being of citizens from environment-related risks and impacts. Simultaneously, the intent is to create conditions for a dignified life for Europeans with access to affordable sustainable energy to meet their necessities for life. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
2022/02/22
Committee: ENVI
Amendment 143 #
Proposal for a directive
Recital 7
(7) All sectors of the economy need to contribute to achieving those emission reductions. Therefore, the ambition of the EU Emissions Trading System (EU ETS), established by Directive 2003/87/EC of the European Parliament and of the Council41 to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner, should be increased in a manner commensurate with this economy-wide net greenhouse gas emissions reduction target for 2030 and at the same time, constantly to assess the impacts of the EU ETS on the development of production and energy sectors in order to provide a tool to support the transition, not to attenuate the economic activity. _________________ 41 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
2022/02/22
Committee: ENVI
Amendment 175 #
Proposal for a directive
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use, or they are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
2022/02/22
Committee: ENVI
Amendment 241 #
Proposal for a directive
Recital 26
(26) Achieving the Union’s emissions reduction target for 2030 will require a reduction in the emissions of the sectors covered by the EU ETS of 61 % compared to 2005. The Union-wide quantity of allowances of the EU ETS needs to be reduced to create the necessary long-term carbon price signal and drive for this degree of decarbonisation. To this end, the linear reduction factor should be increased, also taking into account the inclusion of emissions from maritime transport. The latter should be derived from the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor.
2022/02/22
Committee: ENVI
Amendment 247 #
Proposal for a directive
Recital 27
(27) Bearing in mind that this Directive amends Directive 2003/87/EC in respect of a period of implementation that has already started on 1 January 2021, for reasons of predictability, environmental effectiveness and simplicity, the steeper linear reduction pathway of the EU ETS should be a straight line from 2021 to 2030, such as to achieve emission reductions in the EU ETS of 61 % by 2030, as the appropriate intermediate step towards Union economy-wide climate neutrality in 2050. As the increased linear reduction factor can only apply from the year following the entry into force of this Directive, a one-off reduction of the quantity of allowances should reduce the total quantity of allowances so that it is in line with this level of annual reduction having been made from 2021 onwards.deleted
2022/02/22
Committee: ENVI
Amendment 264 #
Proposal for a directive
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 and for mitigation transformation risks. 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 23,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive]2021 to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC.
2022/02/22
Committee: ENVI
Amendment 275 #
Proposal for a directive
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investments in techniques to increase energy efficiency and reduce emissions. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro- enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordingly.deleted
2022/02/22
Committee: ENVI
Amendment 287 #
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51deleted [please insert full OJ reference]
2022/02/22
Committee: ENVI
Amendment 327 #
Proposal for a directive
Recital 31
(31) In order to better reflect technological progress and adjust the corresponding benchmark values to the relevant period of allocation while ensuring emission reduction incentives and properly rewarding innovation, the maximum adjustment of the benchmark values should be increased from 1,6 % to 2,51,9 % per year. For the period from 2026 to 2030, the benchmark values should thus be adjusted within a range of 4 % to 5038 % compared to the value applicable in the period from 2013 to 2020.
2022/02/22
Committee: ENVI
Amendment 334 #
Proposal for a directive
Recital 31 a (new)
(31a) In order to reflect the actual technological progress within installations included in product benchmarks with consideration of fuel and electricity exchangeability in Commission Implementing Regulation (EU) 2021/447 and where the share of indirect emissions is higher than 50 % of the relevant product benchmarks, the update of such benchmarks for the periods as of 2026 should not be affected by the evolution of the carbon intensity of the electricity mix.
2022/02/22
Committee: ENVI
Amendment 425 #
Proposal for a directive
Recital 43
(43) The Communication of the Commission on Stepping up Europe’s 2030 climate ambition57 , underlined the particular challenge to reduce the emissions in the sectors of road transport and buildings. Therefore, the Commission announced that a further expansion of emissions trading could include emissions from road transport and buildings. Emissions trading for these two new sectors would be established, gradually and proportionally, through separate but adjacent emissions trading. The emissions trading system should not impose greater bureaucratic and economic burdens on businesses, especially SMEs. Otherwise, compensation mechanisms, including fiscal ones, should be guaranteed in favour of the most affected SMEs. This would avoid any disturbance of the well- functioning emissions trading in the sectors of stationary installations and aviation. The new system is accompanied by complementary policies and measures safeguarding against undue price impacts, shaping expectations of market participants and aiming for a carbon price signal for the whole economy. Previous experience has shown that the development of the new market requires setting up an efficient monitoring, reporting and verification system. In view of ensuring synergies and coherence with the existing Union infrastructure for the EU ETS covering the emissions from stationary installations and aviation, it is appropriate to set up emissions trading for the road transport and buildings sectors via an amendment to Directive 2003/87/ЕC. _________________ 57COM(2020)562 final.
2022/02/22
Committee: ENVI
Amendment 432 #
Proposal for a directive
Recital 43 a (new)
(43a) Prior to the launch of the emissions trading system and in order to efficiently apply it, it is necessary to coordinate the legislative, regulatory and support measures in force in the field of energy transition to provide companies with a coherent framework for their green conversion process, also for avoid harmful overlapping of rules and costs
2022/02/22
Committee: ENVI
Amendment 439 #
Proposal for a directive
Recital 44
(44) In order to establish the necessary implementation framework and to provide a reasonable timeframe for reaching the 2030 target, emissions trading in the two new sectors should start in 2025. During the first year, the regulated entities should be required to hold a greenhouse gas emissions permit and to report their emissions for the years 2024 and 2025. The issuance of allowances and compliance obligations for these entities should be applicable as from 2026. This sequencing will allow starting emissions trading in the sectors in an orderly and efficient manner. It would also allow the EU funding and Member State measures to be in place to ensure a socially fair introduction of the EU emissions trading into the two sectors so as to mitigate the impact of the carbon price on vulnerable households and transport users.deleted
2022/02/22
Committee: ENVI
Amendment 443 #
Proposal for a directive
Recital 44
(44) In order to establish the necessary implementation framework and to provide a reasonable timeframe for reaching the 2030 target, and to allow a widespread roll-out within European territory of infrastructure for alternative fuels, as laid down by Regulation COM(2021) 559 final, emissions trading in the two new sectors should start in 202530. During the first year, the regulated entities should be required to hold a greenhouse gas emissions permit and to report their emissions for the years 20249 and 202530. The issuance of allowances and compliance obligations for these entities should be applicable as from 202631. This sequencing will allow starting emissions trading in the sectors in an orderly and efficient manner. It would also allow the EU funding and Member State measures to be in place to ensure a socially fair introduction of the EU emissions trading into the two sectors and a roll-out of infrastructure for alternative fuels, so as to mitigate the impact of the carbon price on vulnerable households and transport users.
2022/02/22
Committee: ENVI
Amendment 449 #
Proposal for a directive
Recital 44 a (new)
(44a) A temporary opt-out clause should be introduced giving Member States the possibility to delay the application of emissions trading for fuels released for private road transport and private residential building heating and cooling until 2027, as well as in microenterprise, on condition that the Member States can demonstrate that they are able to differentiate the monitoring, reporting and verification of fuels released for private road transport and private residential building heating and cooling from other activities covered by this Chapter, and that they can reach their 2030 targets under Regulation (EU) 2018/842 of the European Parliament and of the Council without the immediate and full application of emissions trading in those subsectors.
2022/02/22
Committee: ENVI
Amendment 453 #
Proposal for a directive
Recital 45
(45) Due to the very large number of small emitters in the sectors of buildings and road transport, it is not possible to establish the point of regulation at the level of entities directly emitting greenhouse gases, as is the case for stationary installations and aviation. Therefore, for reasons of technical feasibility and administrative efficiency, it is more appropriate to establish the point of regulation further upstream in the supply chain. The act that triggers the compliance obligation under the new emissions trading should be the release for consumption of fuels which are used for combustion in the sectors of buildings and road transport, including for combustion in road transport of greenhouse gases for geological storage. To avoid double coverage, the release for consumption of fuels which are used in other activities under Annex I to Directive 2003/87/EC should not be covered.deleted
2022/02/22
Committee: ENVI
Amendment 463 #
Proposal for a directive
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).deleted
2022/02/22
Committee: ENVI
Amendment 468 #
Proposal for a directive
Recital 47
(47) The regulated entities falling within the scope of the emissions trading in the sectors of buildings and road transport should be subject to similar greenhouse gas emissions permit requirements as the operators of stationary installations. It is necessary to establish rules on permit applications, conditions for permit issuance, content, and review, and any changes related to the regulated entity. In order for the new system to start in an orderly manner, Member States should ensure that regulated entities falling within the scope of the new emissions trading have a valid permit as of the start of the system in 2025.deleted
2022/02/24
Committee: ENVI
Amendment 482 #
Proposal for a directive
Recital 48
(48) The total quantity of allowances for the new emissions trading should follow a linear trajectory to reach the 2030 emissions reduction target, taking into account the cost-efficient contribution of buildings and road transport of 43 % emission reductions by 2030 compared to 2005. The total quantity of allowances should be established for the first time in 2026, to follow a trajectory starting in 2024 from the value of the 2024 emissions limits (1 109 304 000 CO2t), calculated in accordance with Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council59 on the basis of the reference emissions for these sectors for the period from 2016 to 2018. Accordingly, the linear reduction factor should be set at 5,15 %. From 2028, the total quantity of allowances should be set on the basis of the average reported emissions for the years 2024, 2025 and 2026, and should decrease by the same absolute annual reduction as set from 2024, which corresponds to a 5,43 % linear reduction factor compared to the comparable 2025 value of the above defined trajectory. If those emissions are significantly higher than this trajectory value and if this divergence is not due to small-scale differences in emission measurement methodologies, the linear reduction factor should be adjusted to reach the required emissions reduction in 2030. _________________ 59Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).deleted
2022/02/24
Committee: ENVI
Amendment 502 #
Proposal for a directive
Recital 50
(50) In order to ensure a smooth start to emissions trading in the buildings and road transport sectors and taking into account the need of the regulated entities to hedge or buy ahead allowances to mitigate their price and liquidity risk, a higher amount of allowances should be auctioned early on. In 2026, the auction volumes should therefore be 30 % higher than the total quantity of allowances for 2026. This amount would be sufficient to provide liquidity, both if emissions decrease in line with reduction needs, and in the event emission reductions only materialise progressively. The detailed rules for this front-loading of auction volume are to be established in a delegated act related to auctioning, adopted pursuant to Article 10(4) of Directive 2003/87/EC.deleted
2022/02/24
Committee: ENVI
Amendment 508 #
Proposal for a directive
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 common 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.deleted
2022/02/24
Committee: ENVI
Amendment 521 #
Proposal for a directive
Recital 52
(52) The introduction of the carbon price in road transport and buildings should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, and will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62[Add ref to the Regulation establishing the Social Climate Fund].deleted
2022/02/24
Committee: ENVI
Amendment 535 #
(52a) In order to accompany companies - in particular SMEs - and citizens in the path of energy and climate transition with a minimum impact in terms of cost increases, the Social Climate Fund will be operational starting from 2024, with a financial endowment guaranteed by the Union budget until the effective and full functionality of the financing with auctions revenues.
2022/02/24
Committee: ENVI
Amendment 540 #
Proposal for a directive
Recital 53
(53) Reporting on the use of auctioning revenues should be aligned with the current reporting established by Regulation (EU) 2018/1999 of the European Parliament and of the Council63 . _________________ 63 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1–77).deleted
2022/02/24
Committee: ENVI
Amendment 544 #
Proposal for a directive
Recital 54
(54) Innovation and development of new low-carbon technologies in the sectors of buildings and road transport are crucial for ensuring the cost-efficient contribution of these sectors to the expected emission reductions. Therefore, 150 million allowances from emissions trading in the buildings and road transport sectors should also be made available to the Innovation Fund to stimulate the cost-efficient emission reductions.deleted
2022/02/24
Committee: ENVI
Amendment 552 #
Proposal for a directive
Recital 55
(55) Regulated entities covered by the buildings and road transport emissions trading should surrender allowances for their verified emissions corresponding to the quantities of fuels they have released for consumption. They should surrender allowances for the first time for their verified emissions in 2026. In order to minimise the administrative burden, a number of rules applicable to the existing emissions trading system for stationary installations and aviation should be made applicable to emissions trading for buildings and road transport, with the necessary adaptations. This includes, in particular, rules on transfer, surrender and cancellation of allowances, as well as the rules on the validity of allowances, penalties, competent authorities and reporting obligations of Member States.deleted
2022/02/24
Committee: ENVI
Amendment 561 #
Proposal for a directive
Recital 56
(56) For emissions trading in the buildings and road transport sectors to be effective, it should be possible to monitor emissions with high certainty and at reasonable cost. Emissions should be attributed to regulated entities on the basis of fuel quantities released for consumption and combined with an emission factor. Regulated entities should be able to reliably and accurately identify and differentiate the sectors in which the fuels are released for consumption, as well as the final users of the fuels, in order to avoid undesirable effects, such as double burden. To have sufficient data to establish the total number of allowances for the period from 2028 to 2030, the regulated entities holding a permit at the start of the system in 2025 should report their associated historical emissions for 2024.deleted
2022/02/24
Committee: ENVI
Amendment 569 #
Proposal for a directive
Recital 57
(57) It is appropriate to introduce measures to address the potential risk of excessive price increases, which, if particularly high at the start of the buildings and road transport emissions trading, may undermine the readiness of households and individuals to invest in reducing their greenhouse gas emissions. These measures should complement the safeguards provided by the Market Stability Reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council64 and that became operational in 2019. While the market will continue to determine the carbon price, safeguard measures will be triggered by rules-based automatism, whereby allowances will be released from the Market Stability Reserve only if concrete triggering conditions based on the increase in the average allowance price are met. This additional mechanism should also be highly reactive, in order to address excessive volatility due to factors other than changed market fundamentals. The measures should be adapted to different levels of excessive price increase, which will result in different degrees of the intervention. The triggering conditions should be closely monitored by the Commission and the measures should be adopted by the Commission as a matter of urgency when the conditions are met. This is without prejudice to any accompanying measures that Member States may adopt to address adverse social impacts. _________________ 64Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L 264, 9.10.2015, p. 1).deleted
2022/02/24
Committee: ENVI
Amendment 581 #
Proposal for a directive
Recital 58
(58) The application of emissions trading in the buildings and road transport sectors should be monitored by the Commission, including the degree of price convergence with the existing ETS, and, if necessary, a review should be proposed to the European Parliament and the Council to improve the effectiveness, administration and practical application of emissions trading for those sectors on the basis of acquired knowledge as well as increased price convergence. The Commission should be required to submit the first report on those matters by 1 January 2028.deleted
2022/02/24
Committee: ENVI
Amendment 604 #
Proposal for a directive
Recital 60
(60) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Articles 10(4) and 10a(8) of that Directive. Moreover, to ensure synergies with the existing regulatory framework, the delegation in Articles 10(4) and 10a(8) of Directive 2003/87/EC should be extended to cover the sectors of road transport and buildings. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level as well as associations representing the companies involved in the emissions trading system, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents66 , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified _________________ 66OJ C 369, 17.12.2011, p. 14.
2022/02/24
Committee: ENVI
Amendment 608 #
Proposal for a directive
Recital 61
(61) A well-functioning, reformed EU ETS comprising an instrument to stabilise the market is a key means for the Union to reach its agreed target for 2030 and the commitments under the Paris Agreement. The Market Stability Reserve seeks to address the imbalance between supply and demand of allowances in the market. Article 3 of Decision (EU) 2015/1814 provides that the reserve is to be reviewed three years after it becomes operational, paying particular attention to the percentage figure for the determination of the number of allowances to be placed in the Market Stability Reserve, the threshold for the total number of allowances in circulation (TNAC) that determines the intake of allowances, and the number of allowances to be released from the reserve. The amount of allowances held by entities that is not used to cover obligations under the EU ETS should not be included in the TNAC calculations to trigger market stability reserve thresholds.
2022/02/24
Committee: ENVI
Amendment 616 #
Proposal for a directive
Recital 63
(63) Furthermore, in order to ensure that the level of allowances that remains in the Market Stability Reserve after the invalidation is predictable, the invalidation of allowances in the reserve should no longer depend on the auction volumes of the previous year. The number of allowances in the reserve should, therefore, be fixed at a level of 400 million allowances, which corresponds to the lower threshold for the value of the TNAC.deleted
2022/02/24
Committee: ENVI
Amendment 643 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
2022/02/24
Committee: ENVI
Amendment 654 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – paragraph 1 – point b
(b) ‘emissions’ means the release of greenhouse gases into the atmosphere from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or the release of greenhouse gases corresponding to the activity referred to in Annex III;;
2022/02/24
Committee: ENVI
Amendment 692 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
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 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 the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of 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 one hundred percent (100 %) of emissions from ships at berth in a port under the jurisdiction of a Member State.
2022/02/24
Committee: ENVI
Amendment 720 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point a
(a) 20 % of verified emissions reported for 20236;
2022/02/24
Committee: ENVI
Amendment 725 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point b
(b) 45 % of verified emissions reported for 20247;
2022/02/24
Committee: ENVI
Amendment 730 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point c
(c) 70 % of verified emissions reported for 20258;
2022/02/24
Committee: ENVI
Amendment 734 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point d
(d) 100 % of verified emissions reported for 20269 and each year thereafter.
2022/02/24
Committee: ENVI
Amendment 743 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 20236, 20247 and 20258, 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.
2022/02/24
Committee: ENVI
Amendment 745 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2 a (new)
The phasing in of the EU ETS for the maritime sector shall be conditional on a full assessment to be conducted before 2025 that ascertain the availability of alternative fuels and technologies and an adequate infrastructural network in each Member State. Based on the above assessment, the phasing-in shall be further postponed and/or differentiated geographically based on the effective availability of alternative fuels and technologies at national level. By way of derogation, regular passenger and ferry services engaged in cabotage and island cabotage operations in the Mediterranean Sea shall be temporarily exempted until a full assessment demonstrates the availability of alternative fuels and technologies in the areas concerned.
2022/02/24
Committee: ENVI
Amendment 758 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gda Maritime Transition Fund The European Commission shall propose the establishment of a dedicated Maritime Transition Fund to support investments and innovations in the maritime sector at national level. 100 % of the revenues generated from the auctioning of allowances referred to in Article 3g shall be specifically allocated to this Fund. The dedicated Fund shall support and facilitate the transition to energy efficient and climate resilient EU maritime sector, providing funding to companies for technological, fleet renewal and retrofitting investments as well as to support improvement of the energy efficiency of ships and ports and the deployment of the necessary infrastructure for decarbonising the maritime transport sector.
2022/02/24
Committee: ENVI
Amendment 775 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
2. The Commission shall monitor the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requirements of this Directive. If appropriate, the Commission shall propose measures to prevent such avoidance. nd adverse impacts as regards, inter alia, possible transport cost increases, port evasion and shift of transhipment hubs, the competitiveness of the maritime sector in the EU Member States, taking account of the specificities of each fleet segment. Particular attention shall be paid to the adverse impacts on those shipping services that provide essential services of “territorial continuity”. All potential impacts shall be assessed considering the aggregated effects of the different policy measures under the Fit for 55 package as well as the specific impacts in each Member State. The Commission shall propose measures to prevent such adverse impacts and develop adequate support mechanisms.
2022/02/24
Committee: ENVI
Amendment 780 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/CE
Article 3ge – paragraph 2 a (new)
2a. In monitoring the implementation of this Chapter, the Commission will take the necessary steps to ensure that the increased CO2 price on maritime transport is not passed on downstream along the supply chain, ensuring there is no harm to EU competitiveness".
2022/02/24
Committee: ENVI
Amendment 806 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased 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 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 % until 2030. 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].;
2022/02/24
Committee: ENVI
Amendment 834 #
In addition, 23,5 % of the total quantity of allowances between [year following the entry into force of the Directive]2021 and 2030 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.
2022/02/28
Committee: ENVI
Amendment 842 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2003/87/EC
Article 10 – paragraphs 1a a to 1a c (new)
(aa) The following paragraphs are inserted: ‘1aa. Starting from 2024, Member States with a deficit of allowances in any year in the period after 2023 shall have their allowances exempted from the operation of the Market Stability Reserve in the following year up to the amount of their deficit in the previous year. 1ab. For Member States with structural imbalance of allowances that persists even after the exemption from the operation of the Market Stability Reserve in the following year, the allowances in the Market Stability Reserve shall be used to cover this imbalance. This shall be done by comparing the total number of allowances for the beneficiary Member State against the emissions generated in the sectors covered by the EU ETS in the same year. For the purpose of this calculation, the total number of allowances shall take into account all allowances: (a) to be auctioned by particular Member States in accordance with Article 10 together with (b) the total number of allowances received for free by installations in this Member State in accordance with Article 10a, and (c) the national allocation from the Modernisation Fund for that Member State in accordance with Article 10d. 1ac. After establishing the level of deficit, the national share of the Modernisation Fund shall be increased by the same amount or the Member State shall receive this amount of allowances from the Market Stability Reserve allowances that would otherwise be cancelled in that year. Should this be insufficient to fully compensate the deficit in year n then the rest of it shall be covered by using allowances already placed in the Market Stability Reserve to ensure a respective increase of the Modernisation Fund allocation for this Member State in year n+1.’
2022/02/28
Committee: ENVI
Amendment 850 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
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. Member States shall use 50 % of 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:;
2022/02/28
Committee: ENVI
Amendment 903 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 1
(d) in paragraph 4, the first sentence is replaced by the following: 4. 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, in order to ensure that it is conducted in an open, transparent, harmonised and non- discriminatory manner.deleted The Commission is empowered to
2022/02/28
Committee: ENVI
Amendment 935 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2a
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay-back time for the relevant investments does not exceed five years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 %. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly.deleted
2022/02/28
Committee: ENVI
Amendment 954 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
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](**). The measures referred to in the first subparagraph shall be adjusted accordinglydeleted
2022/02/28
Committee: ENVI
Amendment 979 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
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 and district heating benchmark. By way of derogation from subparagraph 1, the ratios for district heating to be determined ensure the allocation of allowances in a way that provides an incentive to reduce greenhouse gas emissions. These indicators for the entire period referred to in Article 11, second paragraph, takes the value specified in Commission Implementing Regulation (EU) 2021/447 for the heat benchmark.;
2022/03/04
Committee: ENVI
Amendment 996 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a
(b) the following paragraph 1a is inserted: ‘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 Mechanism. By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during the entry into force of [CBAM regulation] and the end of 2025, 90 % in 2026 and shall be reduced by 10 percentage points each year to reach 0 % by the tenth year. The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I of Regulation [CBAM] compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11, paragraph 1. The CBAM factor shall be applied. Allowances resulting from the reduction of free allocation shall be made available to support innovation in accordance with Article 10a(8).;’deleted
2022/03/04
Committee: ENVI
Amendment 1080 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 – point c
(c) For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (db) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028.; Installations where emissions from combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute to more than 95 % of the total greenhouse gas emissions in years 2021 and 2022 shall not be taken into account in determination of benchmark values. The calculation of the annual reduction rate of each product benchmark shall only consider installations that were included in the initial determination of the respective product benchmark even though more installations may receive free allocation from such product benchmarks as a result of the modification of benchmark definitions and system boundaries pursuant to Article 10a(1), fifth subparagraph.;
2022/03/04
Committee: ENVI
Amendment 1098 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,51,9 % 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. By way of derogation from the previous point, the maximum annual reduction rate of the fuel and heat fall back benchmarks shall remain at 1,6 %.;
2022/03/04
Committee: ENVI
Amendment 1111 #
(d) Where the annual reduction rate exceeds 2,51,6 % 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.;
2022/03/04
Committee: ENVI
Amendment 1127 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)Directive 2003/87/EC

Article 10a – paragraphs 5a and 5b
(da) paragraphs 5a and 5b are replaced by the following: “5a. By way of derogation from paragraph 5, an additional amount of up to 35 % of the total quantity of allowances shall, to the extent necessary, be used to increase the maximum amount available under paragraph 5 . 5b. Where less than 35 % of the total quantity of allowances is needed to increase the maximum amount available under paragraph 5: - a maximum of 50 million allowances shall be used to increase the amount of allowances available to support innovation in accordance with Article 10a(8); and - a maximum of 0,5 % of the total quantity of allowances shall be used to increase the amount of allowances available to modernise the energy systems of certain Member States in accordance with Article 10d.
2022/03/04
Committee: ENVI
Amendment 1144 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Member States shouldall 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 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.;
2022/03/04
Committee: ENVI
Amendment 1151 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1 a (new)
The list of sectors or subsectors considered as exposed to a genuine risk of carbon leakage due to significant indirect costs shall be determined following the methodology foreseen under Article 10b(1). Accordingly, sectors and subsectors in relation to which the product resulting from multiplying their intensity of trade by their indirect emission intensity, divided by their gross value added, exceeds 0,2, shall be deemed to be at risk of indirect carbon leakage. Furthermore the determination of eligibility shall include qualitative assessments, taking into account the criteria mentioned in Articles 10b(2), points (a), (b) and (c), and assessments at a 6-digit or an 8-digit level (Prodcom) for sectors for which the above mentioned product does not exceed 0,2 but exceeds 0,15 and for sectors that have previously been assessed at Prodcom level in the context of Article 10b. ;
2022/03/04
Committee: ENVI
Amendment 1155 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1 a (new)
The list of sectors or subsectors considered as exposed to a genuine risk of carbon leakage due to significant indirect costs shall be determined while considering indirect CO2 emissions and following the same methodology and threshold of 0,2 as foreseen under Article10b(1) related to direct carbon costs. The assessment should also provide for the possibility of qualitative assessments and assessments at Prodcom level as defined respectively under Article 10b(2), points (a), (b) and (c) and Article 10b(3).
2022/03/04
Committee: ENVI
Amendment 1167 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). Special attention shall be given to projects developed by the industry to improve their production processes. Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
2022/03/01
Committee: ENVI
Amendment 1171 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
2022/03/01
Committee: ENVI
Amendment 1190 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. Likewise, the investments in hydrogen technologies shall be encouraged. 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. 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.
2022/03/01
Committee: ENVI
Amendment 1213 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria, taking into account the need to ensure the fair geographical distribution of the projects, the level of emissions in a given Member State to define relevant emissions savings achieved by a given project and, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported.
2022/03/01
Committee: ENVI
Amendment 1243 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use solid fossil fuels.”;
2022/03/01
Committee: ENVI
Amendment 1255 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
2. At least 870 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
2022/03/01
Committee: ENVI
Amendment 1273 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87CE
Article 10d – paragraph 2 – point c a (new)
(ca) the reduction of energy demand of buildings by building renovations, in particular via installation of highly- efficient household appliances;
2022/03/01
Committee: ENVI
Amendment 1338 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and in respect of greenhouse gases that are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin.
2022/03/01
Committee: ENVI
Amendment 1376 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1
(19a) In Article 27, paragraph 1 is replaced by the following: “1. Following consultation with the operator, Member States may exclude from the EU ETS installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the EU ETS; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L” Or. en 20210101&qid=1641400487-702)
2022/03/01
Committee: ENVI
Amendment 1380 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 c (new)
Directive 2003/87/EC
Article 27 – paragraph 1
(19c) In Article 27, paragraph 1 is replaced by the following: "1. Following consultation with the operator, Member States may exclude from the installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures. " Or. en (Directive 2003/87/EC)
2022/03/01
Committee: ENVI
Amendment 1381 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1 a (new)
(19b) In Article 27, the following paragraph is inserted: “1a. Member States may also exclude from the EU ETS installations which have reported to the competent authority emissions of above 25000 tonnes but below 50000 tonnes of carbon dioxide equivalent, complying all other conditions, on the basis of a qualitative assessment of competitiveness, in case other installations in that same sector in a given Member State are already within the scope of the "opt out" measures.”
2022/03/01
Committee: ENVI
Amendment 1421 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 a – paragraph 1
The provisions of this Chapter shall apply to emissions, greenhouse gas emission permits, issue and surrender of allowances, monitoring, reporting and verification in respect of the activity referred to in Annex III. This Chapter shall not apply to any emissions covered by Chapters II, IIa and III. By way of derogation from the first paragraph, Member States may request, by 31 July 2024, that the provisions of this Chapter apply only from 1 January 2027 to the release for consumption of fuels that are used for combustion in private road transport and private heating or cooling of residential buildings, provided that they can demonstrate that they can differentiate the monitoring, reporting and verification of those activities from other activities covered by this Chapter and that they can reach their 2030 targets under Regulation (EU) 2018/842 without the full application of this Chapter. By 31 July 2024, any Member State intending to make use of this derogation shall inform the Commission and provide any necessary information in that regard. Member States making use of this derogation shall be required to compensate the estimated loss of auctioning revenues to the Social Climate Fund established in accordance with Regulation (EU) …/… [Social Climate Fund]. The Commission shall adopt implementing acts to calculate the estimated loss of revenue for the Social Climate Fund, as well as detailed rules for payment of the compensation to the Social Climate Fund. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).
2022/03/01
Committee: ENVI
Amendment 1422 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 a – paragraph 1
The provisions of this Chapter shall apply to emissions, greenhouse gas emission permits, issue and surrender of allowances, monitoring, reporting and verification in respect of the activity referred to in Annex III. This Chapter shall not apply to any emissions covered by Chapters II, IIa and III. By way of derogation from the first paragraph, Member States may request, by 31 July 2024, that the provisions of this Chapter apply only from 1 January 2027 to the release for consumption of fuels which are used for combustion in private road transport and private heating or cooling of residential buildings, as well as in microenterprises, provided that they can demonstrate that they can differentiate the monitoring, reporting and verification of those activities from other activities covered by this Chapter and that they can reach their 2030 targets under Regulation (EU) 2018/842 without the full application of this Chapter. By 31 July 2024, any Member State intending to make use of this derogation shall inform the Commission and provide any necessary information in that regard. Member States making use of this derogation shall be required to compensate the estimated loss of auctioning revenues to the Social Climate Fund established in accordance with Regulation (EU) ..../.... [Social Climate Fund]. The Commission shall adopt implementing acts to calculate the estimated loss of revenue for the Social Climate Fund, as well as detailed rules for the payment of the compensation to the Social Climate Fund. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a.
2022/03/01
Committee: ENVI
Amendment 1430 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 b – paragraph 1
1. Member States shall ensure that, from 1 January 202530, no regulated entity carries out the activity referred to in Annex III unless that regulated entity holds a permit issued by a competent authority in accordance with paragraphs 2 and 3.
2022/03/01
Committee: ENVI
Amendment 1441 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 c – paragraph 1
1. The Union-wide quantity of allowances issued under this Chapter each year from 202630 shall decrease in a linear manner beginning in 20249. The 20249 value shall be defined as the 20249 emissions limits, calculated on the basis of the reference emissions under Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council(*) for the sectors covered by this Chapter and applying the linear reduction trajectory for all emissions within the scope of that Regulation. The quantity shall decrease each year after 20249 by a linear reduction factor of 5,15 %. By 1 January 20249, the Commission shall publish the Union-wide quantity of allowances for the year 202631.
2022/03/01
Committee: ENVI
Amendment 1465 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 – point b
(b) measures intended to accelerate the uptake of zero-emission vehicles or to provide financial support for the deployment of fully interoperable refuelling and recharging infrastructure for zero-emission vehicles or measures to encourage a shift to public forms of transport and improve multimodality, or to provide financial support in order to address social aspects concerning low and middle-income transport usersincluding the development of passenger and freight rail transport and the development of road transport infrastructure, or to provide financial support in order to address social aspects concerning low and middle-income transport users. Member States shall use 75 % 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…/nn [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.
2022/03/01
Committee: ENVI
Amendment 1477 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 4 a (new)
By way of derogation from the first subparagraph, Member States shall use at least 10 % of the revenues generated from the auctioning of allowances for the development of infrastructure to promote the green transition of road transport.
2022/03/01
Committee: ENVI
Amendment 1536 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Decision (EU) 2015/2814
Article 1 – paragraph 4
The total number of allowances in circulation in a given year shall be the cumulative number of allowances issued and not put in reserve in the period since 1 January 2008, including the number that were issued pursuant to Article 13(2) of Directive 2003/87/EC as in force until 18 March 2018 in that period and entitlements to use international credits exercised by installations under the EU ETS in respect of emissions up to 31 December of that given year, minus the cumulative tonnes of verified emissions from installations under the EU ETS between 1 January 2008 and 31 December of that same given year, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC.; The total number of allowances in circulation in a given year shall not take into account the amount of allowances held by entities that is not used to cover obligations under the EU ETS. The Commission is empowered to adopt implementing act to determine the number of allowances according to the previous sentence in accordance with the examination procedure referred to in Article 22a(2).
2022/03/02
Committee: ENVI
Amendment 1542 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Decision (EU) 2015/1814
Article 1 – paragraph 4 a – subparagraph 1
As from [the year following the entry into force of this Directive]2026, the calculation of the total number of allowances in circulation shall include the number of allowances issued in respect of aviation and maritime transport since the beginning of that year, and the number of allowances surrendered by aircraft operators and ship operators in respect of emissions for which allowances are the units which can be used in respect of EU ETS obligations.
2022/03/02
Committee: ENVI
Amendment 1551 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
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 20230, the percentage shall be doubled.
2022/03/02
Committee: ENVI
Amendment 1556 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
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.deleted
2022/03/02
Committee: ENVI
Amendment 1631 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3 g – paragraph 1 – subparagraph 1 a (new)
Until 30 December 2030, 75% of the allowances shall be allocated free of charge to vessels powered by sustainable biogas, low-carbon fuels, renewable fuels of non-biological origin and sustainable biofuels and 50%of the allowances shall be allocated free of charge to vessels powered by LNG. By 1 January 2029, the Commission shall assess whether to postpone the phase out of free allowances beyond 31 December 2030, based on a Best Available Technology (BAT) approach.
2022/03/02
Committee: ENVI
Amendment 1632 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3 g – paragraph 1 – subparagraph 1 b (new)
Until 31 December 2030, 100% of the allowances shall be allocated free of charge to vessels employed for LNG imports. By 1January 2029, the Commission shall assess whether to postpone the phase-out of free allowances for vessels employed for LNG imports beyond 2030. Such assessment should be based on a BAT approach and on an evaluation of security of supply and affordability of gas procurement.
2022/03/02
Committee: ENVI
Amendment 1633 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 3 h – paragraph 1 a (new)
“Recycling/regeneration installations shall be excluded from the scope of the ETS from the entry into force of this Directive, until their re-inclusion alongside waste incineration installations on the basis of the impact assessment referred to in Article 3h – para 1a new.”;
2022/03/02
Committee: ENVI
Amendment 1634 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 3 h – paragraph 1 b (new)
“From 1 January 2028, the provisions of this Chapter shall apply to greenhouse gas emissions permits and the allocation and issue of allowances in respect of municipal waste incineration installations and recycling / regeneration installations. In this respect, the Commission shall, by 31 December 2025, present a report to the European Parliament and to the Council in which it shall examine the possible impacts of the inclusion of municipal waste incineration installations and recycling / regeneration installations in the EU ETS, in particular the impact on the disposal of waste by landfilling in the Union and on waste exports to third countries. The Commission shall, where appropriate, accompany that report with a legislative proposal to prevent those impacts.”;
2022/03/02
Committee: ENVI
Amendment 1635 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3 a (new)
“From 1 January 2028, the Union-wide quantity of allowances shall be increased to take account of the inclusion of municipal waste incineration installations and recycling / regeneration installations in the EU ETS. The Commission shall adopt implementing acts setting out the amount of the increase in the Union-wide quantity of allowances to take into account the inclusion of municipal waste incineration installations and recycling / regeneration installations in the EU ETS. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).”;
2022/03/02
Committee: ENVI
Amendment 1644 #
Proposal for a directive
Annex I – paragraph 1 – point a
Directive 2003/87/EC
Annex 1 – point 1
1. Installations or parts of installations used for research, development and testing of new products and processes, and installations where emissions from the combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute to more than 95 % of the total greenhouse gas emissionexclusively using biomass are not covered by this Directive.
2022/03/02
Committee: ENVI
Amendment 1656 #
Proposal for a directive
Annex I – paragraph 1 – point -i (new)
Directive 2003/87/EC
Annex I – table – row 1 – column 1
(-i) in the first row, the first column is replaced by the following: “Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous orwaste) including, from 1 January 2028, the combustion of fuels in installations for the incineration or recycling / regeneration of municipal waste”;
2022/03/02
Committee: ENVI