BETA

51 Amendments of Herve JUVIN related to 2021/0214(COD)

Amendment 71 #
Proposal for a regulation
Recital 1 a (new)
(1 a) The European Green Deal with its ambitious objectives has brought to the increase of cost for European producers, thus it is necessary to have an instrument to ensure a level playing field with third countries, which do not have the same ambitious climate policies as the EU has.
2021/12/16
Committee: INTA
Amendment 72 #
Proposal for a regulation
Recital 3
(3) Tackling climate and other environmental-related challenges and reaching the objectives of the Paris Agreement are at the core of the European Green Deal. The value of the European Green Deal has only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well- being of the Union’s citizens, the need to develop European policies promoting localism and the relocation of the most strategic industries.
2021/12/16
Committee: INTA
Amendment 79 #
Proposal for a regulation
Recital 8 a (new)
(8 a) Tackling carbon leakage requires a global action. The European Union must not only lead by example, but also cooperate with its partners to establish a global carbon price or create a climate club with “like-minded partners” as a long-term solution. Thus, the European Union should reinforce its climate diplomacy and open discussion with third countries, which are interested in adopting similar measure to CBAM, in order to harmonise their instruments.
2021/12/16
Committee: INTA
Amendment 82 #
Proposal for a regulation
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition, while at the same time ensuring a level playing field in order to preserve the competitiveness of EU industries.
2021/12/16
Committee: INTA
Amendment 94 #
Proposal for a regulation
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, fFree allocation under the EU ETS weakens the price signal that the system provides for the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissionsat the level of the benchmark, which safeguards the sector-wide incentive to reduce emissions under the ETS, has proven to be an effective measure to reduce the risk of carbon leakage.
2021/12/16
Committee: INTA
Amendment 101 #
Proposal for a regulation
Recital 11
(11) The CBAM seeks to replaceis a complementary tool to these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased inhe legislative framework should cumulatively ensure that a mechanism is included to provide effective carbon leakage protection, also addressing export markets,as well as a net positive impact on global GHG emissions rather than EU emissions only while fpree allowances in sectors covered by the CBAM are phased ouserving the competitiveness of EU industries and products in the global market. The cCombined and transitional application of EU ETS allowances allocated freemission should test and verify the effectiveness of the CBAM regulation in terms of protection from the risk 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 Unionbon leakage by 2030. Should the phase-out of free allowances really be needed, this regulation should be reviewed in order to integrate an export adjustment mechanism, or the maintenance of free allowances for the EU production destined to the export.
2021/12/16
Committee: INTA
Amendment 127 #
Proposal for a regulation
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTOa level playing field in order to preserve the compaetibilitytiveness of EU industries.
2021/12/16
Committee: INTA
Amendment 131 #
Proposal for a regulation
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union. The Commission should continuously monitor this and inform the Parliament and the Council if any change occurs
2021/12/16
Committee: INTA
Amendment 136 #
Proposal for a regulation
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. Including indirect emissions and pricing them in the CBAM should be done only once the mismatch between indirect carbon costs and indirect carbon emissions has been reduced to a minimum, as the European electricity grid decarbonises.
2021/12/16
Committee: INTA
Amendment 165 #
Proposal for a regulation
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort; fourthly, the impact of Covid-19 on global supply chain disruption and the increasing of prices in raw materials and other strategic sectors.
2021/12/16
Committee: INTA
Amendment 183 #
Proposal for a regulation
Recital 36 a (new)
(36 a) Circumvention practices must be prohibited, where a change in the pattern of trade between third countries and the Union, or between third countries, or between individual companies, or within the same undertaking, in relation with products included in the scope of this Regulation, whether slightly modified or not, stems from a practice, process or work that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation. Those practices should include all types of circumvention practices, including resource shuffling, cost absorption, manipulation of emissions data, wrongful labelling of goods and slight modifications of the product so as to import a product under a different Customs Code thereby avoiding this Regulation. In case of circumvention as well as absorption practices or repeated infringements of the provisions of this Regulation, stronger penalties should apply to avoid undermining the effectiveness of the CBAM regime.
2021/12/16
Committee: INTA
Amendment 200 #
Proposal for a regulation
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050 and possibilities to improve carbon leakage measures to ensure a level playing field between the EU and third countries. The Commission shouldall, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, including downstream products using goods covered by the CBAM, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . With regard to indirect emissions, the evaluation shall take into account the exposure of EU producers to carbon costs passed on in electricity prices due to the functioning of the EU energy market. _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
2021/12/16
Committee: INTA
Amendment 230 #
Proposal for a regulation
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 at the same time ensure a level playing field to preserve the competitiveness of EU industries.
2021/12/16
Committee: INTA
Amendment 237 #
Proposal for a regulation
Article 1 – paragraph 3
3. The mechanism willshould, if effective, progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, without prejudice to the maintenance of EU ETS allowances allocated free of charge until 2030 and only provided that the CBAM has proven to be effective to prevent the risk of carbon leakage both for imports into or exports from the customs territory of the Union.
2021/12/16
Committee: INTA
Amendment 289 #
Proposal for a regulation
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
2021/12/16
Committee: INTA
Amendment 299 #
3. The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Provisions laid down in such implementing acts shall be equivalent to the provisions set in Regulation 2018/2067.
2021/12/16
Committee: INTA
Amendment 303 #
Proposal for a regulation
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person, verifier accredited pursuant to Art. 18 and in line with the competences established in Article.8(1) concerning the verification of embedded emissions. The accredited verifier is required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
2021/12/16
Committee: INTA
Amendment 306 #
Proposal for a regulation
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person, required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
2021/12/16
Committee: INTA
Amendment 314 #
Proposal for a regulation
Article 10 – paragraph 1
1. (1) The Commission shall, upon request by a register the information on operators of an installations located in a third country, register the information on that operator and on itsies and on those installation in a central database referred to in Article 14(4).
2021/12/16
Committee: INTA
Amendment 318 #
Proposal for a regulation
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
2021/12/16
Committee: INTA
Amendment 323 #
Proposal for a regulation
Article 10 – paragraph 8
8. The operator may, at any timefter10 years, ask to be deregistered from the database.
2021/12/16
Committee: INTA
Amendment 350 #
Proposal for a regulation
Article 14 – paragraph 4
4. The Commission shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.
2021/12/16
Committee: INTA
Amendment 354 #
Proposal for a regulation
Article 15 – paragraph 3
3. If irregularities are identified as a result of the controls carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities. . Identified irregularities shall be corrected at the latest within one month from the day where they were identified, and, where appropriate, penalties pursuant to Article 27 shall apply.
2021/12/16
Committee: INTA
Amendment 360 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
(a) the declarant hasand the operators of installations located in third countries from whom the declarants sources goods have respectively not been involved in a serious infringement or repeated infringements of customs legislation, circumvention of antidumping or antisubsidy duties, taxation rules and market abuse rules and hasve no record of serious criminal offences relating to its economic activity during the five years preceding the application;
2021/12/16
Committee: INTA
Amendment 377 #
Proposal for a regulation
Article 18 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 28 for the accreditation referred to in paragraph 2, specifying conditions for the control and oversight of accredited verifiers, for the withdrawal of accreditation and for mutual recognition and peer evaluation of the accreditation bodies.
2021/12/16
Committee: INTA
Amendment 381 #
Proposal for a regulation
Article 19 – paragraph 1
1. The competent authority mayshall review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
2021/12/16
Committee: INTA
Amendment 386 #
Proposal for a regulation
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted.
2021/12/16
Committee: INTA
Amendment 399 #
Proposal for a regulation
Article 24 a (new)
Article 24 a Usage of revenues from the sale of CBAM certificates 1.The revenues generated from the sale of CBAM certificates, or the equivalent in financial value of these revenues, shall be used to help European industries in decarbonising their production and in deploying low-carbon technologies, since they are facing higher production costs due to the ambitious objectives set by the European Green Deal, as well as to cover the cost of administration of the CBAM. 2. 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, or the equivalent in financial value of these revenues, from the previous year has been used.
2021/12/16
Committee: INTA
Amendment 400 #
Proposal for a regulation
Article 24 a (new)
Article 24a Usage of revenues from the sale of CBAM certificates The revenues generated from the sale of CBAM certificates shall be allocated to Member States to be used for the decarbonisation of European industries and the deployment of low-carbon technologies, as they face higher production costs as a result of the ambitious targets set under the European Green Deal, as well as to cover the administrative costs of the CBAM.
2021/12/16
Committee: INTA
Amendment 416 #
Proposal for a regulation
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulationbetween third countries and the Union or between third countries themselves or between individual companies or within the same undertaking in relation to goods included in the scope of this Regulation , whether slightly modified or not, stems from a practice, process or work that has insufficient due cause or economic justification other than avoiding obligations or seeking benefits as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulationor undermining their effects, including on overall GHG emissions and on prices of the goods concerned.
2021/12/16
Committee: INTA
Amendment 421 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
2 a. The practice, process or work referred to in paragraph 2 include, inter alia: (a) the slight modification of the goods included in the scope of this Regulation to make it fall under customs codes which are normally not subject to the obligations of this Regulation, provided that the modification does not alter its essential characteristics;(b) false declarations as to the identity of the producer of the goods or of the nature of the goods or the production process involved to product these goods;(c) the consignment of the goods via third countries to which more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to avoid obligations as laid down in this Regulation, or undermine their effects, including on overall GHG emissions and on prices of the goods, for instance via practices of resource shuffling.(e) the assembly of parts by an assembly operation in the Union or a third country to avoid obligations as laid down in this Regulation.
2021/12/16
Committee: INTA
Amendment 423 #
Proposal for a regulation
Article 27 – paragraph 2 b (new)
2 b. Following a complaint made by any party, or at the request of Member States or on its own initiative, the Commission may decide, following an investigation, to extend obligations laid down in this regulation, in whatever way is necessary to prevent future circumvention of the present Regulation, when circumvention of the measures in force is taking place. This includes the possibility for the Commission to impose a penalty on an authorised Declarant involved in the circumvention, if this is proportionate, from the date of registration of imports. Given the circumstances of the individual case, the Commission may also decide to ban those imports from entering the Union territory during a certain period or to prevent the authorized Declarant and any of its related parties to import goods subject to the present Regulation into the Union for a certain period.
2021/12/16
Committee: INTA
Amendment 424 #
Proposal for a regulation
Article 27 – paragraph 2 c (new)
2 c. Decisions referred to in paragraph 2b shall be subject to an appeal procedure.
2021/12/16
Committee: INTA
Amendment 425 #
Proposal for a regulation
Article 27 – paragraph 2 d (new)
2 d. Investigations shall be initiated pursuant to this Article on the initiative of the Commission or at the request of a Member State or of any interested party on the basis of sufficient evidence regarding possible circumvention practices as defined in paragraphs 2 and 2a. Initiations shall be made by means of a Commission regulation which shall also instruct customs authorities of Member States to subject imports to registration in accordance with Article 27(5). The Commission shall provide information to the Member States once a party or a Member State has submitted a request to initiate an investigation and the Commission has completed its analysis thereof, or where the Commission has it self determined that there is a need to initiate an investigation.
2021/12/16
Committee: INTA
Amendment 426 #
Proposal for a regulation
Article 27 – paragraph 2 e (new)
2 e. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded within 4 months.
2021/12/16
Committee: INTA
Amendment 427 #
Proposal for a regulation
Article 27 – paragraph 2 f (new)
2 f. Where the facts as finally ascertained justify the extension of obligations, this shall be done by the Commission adopting delegated acts.
2021/12/16
Committee: INTA
Amendment 428 #
Proposal for a regulation
Article 27 – paragraph 2 g (new)
2 g. Resource shuffling shall be defined as any practice, process or work that that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation, or undermining their effects,without delivering environmental benefits on global GHG emissions;
2021/12/16
Committee: INTA
Amendment 433 #
Proposal for a regulation
Article 27 – paragraph 3
3. A Member State or any party affected or benefitted by the situations described in paragraphs 2 to 2f may notify the Commission if it is confronted, over a two- month period compared with the same period in the preceding year with a significant decrease in the volume of imported goods included in the scope of this Regulation and an increase of volume of imports of slightly modified products, which are not included in the list of goods in Annex I. The Commission shall continually monitor any significant change of pattern of trade of goods and slightly modified products at Union level.
2021/12/16
Committee: INTA
Amendment 442 #
Proposal for a regulation
Article 27 – paragraph 5 a (new)
5a. The Commission shall report annually to the European Parliament and the Council, with a view to drawing up an exhaustive list of unfair and circumvention practices related to the CBAM in third countries.
2021/12/16
Committee: INTA
Amendment 443 #
Proposal for a regulation
Article 27 – paragraph 5 a (new)
5 a. The Commission shall regularly 1a report to the European Parliament and the Council on the practices of circumvention relating to the CBAM. _________________ 1a at least on an annual basis
2021/12/16
Committee: INTA
Amendment 452 #
Proposal for a regulation
Article 27 a (new)
Article 27 a Absorption 1. Where any party submits sufficient information showing that, after the entry into force of this Regulation, an Authorised Declarant has been absorbing the cost of the CBAM Certificates, such that there has been no movement, or insufficient movement, in the resale prices or subsequent selling prices of the imported product in the Union, and that such situation has insufficient due cause or economic justification other than undermining the effects of the obligations as laid down in this Regulation, the Commission shall open an investigation. The Commission shall provide information to the Member States once a party has submitted sufficient information justifying the opening of the investigation and the Commission has completed its analysis thereof. 2. The investigation may also be opened, under the conditions set out in the first subparagraph, on the initiative of the Commission or at the request of a Member State. 3. During an investigation pursuant to this Article, any interested party shall be provided with an opportunity to clarify the situation with regard to resale prices and subsequent selling prices. 4. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded within nine months. 5. If it is concluded that the obligations as laid down in this Regulation should have led to movements in such prices, the Commission shall take appropriate measures to re-establish the effectiveness of the obligations as set out in this Regulations. Such measures imposed pursuant to this Article shall not exceed the amount of the penalties as set out in Article 26. 6. The Commission shall regularly report 1ato the European Parliament and the Council on the practices of Absorption relating to the CBAM. _________________ 1a at least on an annual basis
2021/12/16
Committee: INTA
Amendment 465 #
Proposal for a regulation
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to include EU exports to third countries, indirect emissions and goods other than those listed in Annex I, including downstream products using goods covered by this Regulation, and develop methods of calculating embedded emissions based on environmental footprint methods. While the CBAM applied to EU imports addresses the risk of carbon import leakage to the EU market, a level playing field must also be ensured for European products that are exported outside the EU.
2021/12/16
Committee: INTA
Amendment 475 #
Proposal for a regulation
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, an in-depthe assessment - developed in close cooperation with the industrial sectors, of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, including down stream products using goods covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. Finally it contains an assessment of extending the scope of this Regulation by including an export adjustment mechanism or the maintenance of free allowances for the EU production destined to the export, in order to ensure a level playing field also for European products that are exported.
2021/12/16
Committee: INTA
Amendment 484 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
2 a. 1.Following the transitional period, the Commission shall introduce a two-year testing period during which it shall in a transparent way collect and verify data, in cooperation with interested industrial sectors, in order to assess the effectiveness of the CBAM in addressing the risk of carbon leakage as well as in ensuring a global level playing field in order to preserve the competitiveness of EU industry. 2.In 2029 the Commission shall present a report to the European Parliament and the Council regarding the effectiveness of the CBAM.The report shall also include the selected option to address the export exposure, regarding the effectiveness of the CBAM based on the data collected according to paragraph 1. 3. The report by the European Commission may be accompanied by a legislative proposal to amend the scope of this Regulation, including if the assessment of the effectiveness of the CBAM in tackling carbon leakage shows that EU ETS allowances allocated free of charge in accordance with Article 10a of Directive 2003/87/EC remain necessary to prevent the risk of carbon leakage after 2030.
2021/12/16
Committee: INTA
Amendment 487 #
Proposal for a regulation
Article 30 – paragraph 3
3. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal. The proposal should consider, inter alia, the option to maintain the allocation of free allowances for EU exports and to allocate a refund for the carbon costs that EU producers incur under the EU Emissions Trading System.
2021/12/16
Committee: INTA
Amendment 505 #
Proposal for a regulation
Article 35 – paragraph 2 – point d
(d) the carbon price due in a country of origin for the embedded emissions in the imported goods, which is not subject to an export rebate or other form of compensation on exportation.
2021/12/16
Committee: INTA
Amendment 527 #
Proposal for a regulation
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 3127 shall apply from 1 January 2026.
2021/12/16
Committee: INTA
Amendment 528 #
Proposal for a regulation
Article 36 – paragraph 3 – point d a (new)
(da) In order to guarantee carbon neutrality and a level playing field, Article 31 shall only apply once carbon costs are equal between the EU and third countries.
2021/12/16
Committee: INTA
Amendment 529 #
Proposal for a regulation
Article 36 – paragraph 4 a (new)
Article 31 shall apply from 1 January 2030.
2021/12/16
Committee: INTA
Amendment 543 #
Proposal for a regulation
Annex III – point 4 – point 4.1 – paragraph 1
When actual emissions cannot be adequately determined by the authorised declarant, default values shall be used. The default values should represent the highest known carbon intensity of the asset in question in order to avoid the risk of carbon leakage and any other irregular behaviour. These values shall be set at the average emission intensity of each exporting country and for each of the goods listed in Annex I other than electricity, increased by a mark-up, the latter to be determined in the implementing acts of this Regulation. When reliable data for the exporting country cannot be applied for a type of goods, the default values shall be based on the average emission intensity of the 10 per cent worst performing EU installations for that type of goods. The average country-by-country data should be consistent with the rules on the calculation of actual emissions set out in Article 7 and Annex III and verified by verifiers certified in accordance with Article 18. When reliable and verified data for the exporting country cannot be applied for a type of goods, the default values shall be based on the average emission intensity of the 10 per cent worst performing EU installations for that type of goods, plus a mark-up to be determined in the implementing acts of this Regulation. The mark-up to be applied under this point should ensure that the default values reflect the highest known carbon intensity of the asset concerned in order to avoid the risk of carbon leakage and any other irregular behaviour.
2021/12/16
Committee: INTA
Amendment 546 #
Proposal for a regulation
Annex III – point 6
6. Adaptation of default values based on region specific features Default values can be adapted to particular areas, regions of countries where specific characteristics prevail in terms of objective factors such as geography, natural resources, market conditions, energy mix, or industrial production. When data adapted to those specific local characteristics are available and can define more targeted default values, the latter may be used instead of default values based on EU installations. Where declarants for goods originating in a third country, or a group of third countries can demonstrate, on the basis of reliable data, that alternative region specific adaptation of default values are lower than the default values defined by the Commission the former can be used.deleted
2021/12/16
Committee: INTA