[ParlTrack]

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 3

(3) The European Green Deal31 combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union 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 from 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. 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. Special attention should also be given to regional specifities, namely in outermost regions, considering their insularity and greater vulnerability to climate change and natural disasters. It must therefore be ensured that the transition is just and inclusive, leaving no one behind. __________________ 31 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 4

(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council32 ( ‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55% below 1990 levels by 2030. __________________ 32Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 7

(7) ~~While emissions trading will also apply to greenhouse gas emissions from road and maritime transport as well as buildings, t~~The scope of Regulation (EU) 2018/842 ~~will be~~is maintained. ~~Regulation (EU) 2018/842 will therefore continue applying to the greenhouse gas emissions from domestic navigation, but not to those from international navigation.~~ Greenhouse gas emissions of a Member State within the scope of Regulation (EU) 2018/842 to be taken into account for compliance checks will continue to be determined upon completion of inventory reviews in accordance with Regulation (EU) 2018/1999 of the European Parliament and the Council34 . __________________ 34Regulation (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).

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 8 a (new)

(8 a) As outlined in the European Green Deal, the transport sector needs to cut at least 90 % of its emissions by 2050. The decarbonisation of the sector is key for the Union to achieve its target of reducing GHG emissions by 55 percent by 2030 and to achieve its long-term objective of reaching climate neutrality by 2050 at the latest, as set out in the European Climate Law.

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 9 a (new)

(9 a) Taking into account article 349 of the Treaty on the Functioning of the European Union, the efforts and targets on greenhouse gas emissions reduction must be adapted to the specific reality of the outermost regions, structurally characterised by remoteness, insularity, small size, difficult topography and climate, and economic dependence on a few products.

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 13

(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions. Due to those uncertainties, it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocations.deleted

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 14

(14) It is therefore appropriate to update in 2025 the annual emission allocations for the years 2026 to 2030. This should be based on a comprehensive review of the national inventory data carried out by the Commission in order to determine the average of the greenhouse gas emissions of each Member State during the years 2021, 2022 and 2023.deleted

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 14 a (new)

(14 a) The existence of flexibilities for Member States to comply with their targets should be limited or deleted, such as the possibility to use credits from the LULUCF or the Safety Reserve, which will strengthen the incentive for Member States to design sufficient emission reductions measures and which puts the sectors covered by this Regulation on a path towards climate neutrality.

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 16

(16) In addition to that flexibility, a limited quantity of net removals and net emissions from land use, land-use change and forestry (‘LULUCF’) may be taken into account for Member States’ compliance under Regulation (EU) 2018/842 (‘the LULUCF flexibility’). In order to ensure that sufficient mitigation efforts are deployed until 2030, it is appropriate to limit the use of the LULUCF flexibility by separating the use of such flexibility into two separate time periods, each capped by a limit corresponding to half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842. It is also appropriate to bring the title of Annex III in line with the amendment to Regulation (EU) 2018/841 carried out by Commission Delegated Regulation (EU) 2021/268 of 28 October 202037 . As a consequence, there is no longer a need for Regulation (EU) 2018/842 to provide for a legal basis allowing the Commission to adopt delegated acts to amend the title of its Annex III. Article 7(2) of Regulation (EU) 2018/842 should therefore be deleted. __________________ 37Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (OJ L 60, 22.2.2021, p. 21).deleted

2022/02/23
Committee: TRAN

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 10

(10) In order to achieve the target of reducing greenhouse gas emissions by at least 55 %, the sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach- -40 % in 2030, compared to 2005 levels.

2022/02/24
Committee: ENVI

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 17

(17) Considering, the introduction of a strengthened compliance regime in Regulation (EU) 2018/841 as of 2026, it is appropriate to abolish the deduction of the greenhouse gas emissions generated by each Member State in the period from 2026 to 2030 in the land sector in excess of its removals. Article 9(2) should therefore be amended accordingly.deleted

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Recital 18

(18) The setting of more ambitious targets under Regulation (EU) 2018/841 will decrease the capacity of Member States to generate net removals that can be used for compliance under Regulation (EU) 2018/842. In addition, the split of the use of the LULUCF flexibility into two separate time periods, will further limit the availability of net removals for the purpose of compliance with Regulation (EU) 2018/842. As a result, some Member States may face challenges in meeting their targets under Regulation (EU) 2018/842, while some Member States, the same or other, may generate net removals that cannot be used for compliance with Regulation (EU) 2018/842. As long as the Union objectives as set out in Article 3 of Regulation (EU) 2021/1119 are met, in particular with regard to the maximum limit of the contribution of net removals, it is appropriate to create a new voluntary mechanism, in the form of an additional reserve, that will help adhering Member States to comply with their obligations.deleted

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Regulation (EU) 2018/842
Article 2 – paragraph 2

~~2. Without prejudice to Article 7 and Article 9(2) of this Regulation, t~~(2 a) Article 2, paragraph 2 is replaced by the following: "2. This Regulation does not apply to greenhouse gas emissions and removals covered by Regulation (EU) 2018/841. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R0842)

2022/02/23
Committee: TRAN

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Recital 12 a (new)

(12a) While Regulation (EU) 2018/842 is a governance tool that sets GHG emission reductions targets in non-ETS sectors and the provisions on compliance, the increased level of ambition will require substantial changes in the affected sectors which might have social and labour impacts. The revised emission reduction targets need to be accompanied by sufficient financial and policy measures to guarantee that they can be met in a socially fair way. A concerted effort is needed from both public and private entities to raise awareness on the urgent need to act now, to ensure active and meaningful involvement and ownership of citizens and local communities, and to generate additional funding to support the transition to a climate neutral economy. Upskilling and reskilling programmes for entrepreneurs and workers are also needed in order to ensure access to the newest technologies and digital and sustainable skills.

2022/02/24
Committee: ENVI

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 2

2. Subject to the flexibilities provided for in Articles 5, 6 and 7 of this Regulation and the adjustment pursuant to its Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions: (a) and 2022, the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 2016, 2017 and 2018, as set out pursuant to paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in column 1 of Annex I to this Regulation. The linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State; (b) 2024 and 2025, the limit defined by a linear trajectory starting in 2022 at the annual emission allocation for that Member State, as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation; (c) 2030, the limit defined by a linear trajectory starting in 2024, at the average of its greenhouse gas emissions during the years 2021, 2022 and 2023, as submitted by the Member State pursuant to Article 26 of Regulation (EU) 2018/1999, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation.deleted do not exceed, in the years 2021 do not exceed, in the years 2023, do not exceed, in the years 2026 to

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Regulation (EU) 2018/842
Article 4 – paragraph 2

(3a) Article 4, paragraph 2, is replaced by the following: "2. Subject to the flexibilities provided for in Articles 5~~, 6~~ and 76 of this Regulation, to the adjustment pursuant to Article 10(2) of this Regulation and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions in each year between 2021 and 2029 do not exceed the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 2016, 2017 and 2018 determined pursuant to paragraph 3 of this Article and ending in 2030 on the limit set for that Member State in Annex I to this Regulation. The linear trajectory of a Member State shall start either at five- twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R0842)

2022/02/23
Committee: TRAN

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Recital 13

(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, a~~lso having a potential impact on the level of emissions. Due to those uncertainties, it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocat~~iming to guarantee a green recovery and ensure fair climate and digital transitions, which will have a potential impact on the reductions of the Union’s level of emissions.

2022/02/24
Committee: ENVI

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 3

3. The Commission shall adopt implementing acts setting out the annual emission allocations for each Member State for the years from 2021 to 2030 in tonnes of CO2 equivalent in accordance with the linear trajectories set out in paragraph 2. For the years 2021 and 2022, it shall determine the annual emission allocations based on a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by the Member States pursuant to Article 7 of Regulation (EU) No 525/2013 and indicate the value for the 2005 greenhouse gas emissions of each Member State used to determine those annual emission allocations. For the years 2023, 2024 and 2025, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in the second subparagraph. For the years 2026 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and on a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999.deleted

2022/02/23
Committee: TRAN

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 16

(16) In addition to thate ETS flexibility, a limited quantity of net removals and net emissions from land use, land-use change and forestry (‘LULUCF’) may be taken into account for Member States’ compliance under Regulation (EU) 2018/842 (‘the LULUCF flexibility’). ~~In ord~~However, to ensure that sufficient mitigation efforts are deployed until 2030, it is appropriate to limit the use of the LULUCF flexibility by separating the use of such flexibility into two separate time periods, each capped by a limit corresponding to half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842. It is also appropriate to bring the title of Annex III in line with the amendment to Regulation (EU) 2018/841 carried out by Commission Delegated Regulation (EU) 2021/268 of 28 October 202037 . As a consequence, there is no longer a need for Regulation (EU) 2018/842 to provide for a legal basis allowing the Commission to adopt delegated acts to amendhe removals in the LULUCF sector should not be used to offset lack of action in other sectors and existing flexibility effectively creates trade-offs between sink enhancement efforts and mitigation action, while both are urgently required and need to be maximised separately. In order to ensure that sufficient mitigation efforts across all sectors are deployed until 2030 and beyond in order to meet the Union climate neutrality objective by 2050 at the latest, it is appropriate to put an end to the ~~titl~~use of ~~its Annex III. Article 7(2) of Regulation (EU) 2018/842 should therefore be delete~~the LULUCF flexibility from 2023 onward. __________________ 37Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (OJ L 60, 22.2.2021, p. 21).

2022/02/24
Committee: ENVI

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Regulation (EU) 2018/842
Article 5

(3 a) Article 5 is is replaced by the following: "Article 5 Flexibilities by means of borrowing, banking and transfer 1. In respect of the years 2021 to 2025, a Member State may borrow a quantity of up to 105 % from its annual emission allocation for the following year up to 2025. 2. In respect of the years 2026 to 2029, a Member State may borrow a quantity of up to 5 % from its annual emission allocation for the following year. 3. A Member State whose greenhouse gas emissions for a given year are below its annual emission allocation for that year, taking into account the use of flexibilities pursuant to this Article ~~and Article 6~~, may: (a) in respect of the year 2021 to 2023, bank that excess part of its annual emission allocation up to a level of 5% of its annual emission allocation for that year to subsequent years until 203025; and (b) in respect of the years 20224 to 2029, bank the excess part of its annual emission allocation up to a level of 310 % of its annual emission allocations up to that year to subsequent years until 2030. 4. A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2021 to 2025, and up to 10 % in respect of the years 2026 to 2030. The receiving Member State may use that quantity for compliance under Article 9 for the given year ~~or for subsequent years until 2030~~. 5. A Member State whose reviewed greenhouse gas emissions for a given year are below its annual emission allocation for that year, taking into account the use of flexibilities pursuant to paragraphs 1 to 4 of this Article and Article 6, may transfer that excess part of its annual emission allocation to other Member States. The receiving Member State may use that quantity for compliance under Article 9 for that year ~~or for subsequent years until 2030~~. 6. Member States ~~may~~shall use revenues generated by transfers of annual emission allocations pursuant to paragraphs 4 and 5 to tackle climate change in the Union in the sectors specified in Article 2 or in third countries. Member States shall inform the Commission of any actions taken pursuant to this paragraph and shall make public such information. Any record of transfer of annual emission allocations pursuant to paragraph 4 and 5 shall be made public by the selling Member State and shall state the entity of the remuneration received against the annual emission allocations. 7. Any transfer of annual emission allocations pursuant to paragraphs 4 and 5 may be the result of a greenhouse gas mitigation project or programme carried out in the selling Member State and remunerated by the receiving Member State, provided that double counting is avoided and traceability is ensured. 8. Member States may use credits from projects issued pursuant to Article 24a(1) of Directive 2003/87/EC for compliance under Article 9 of this Regulation without any quantitative limit, provided that double counting is avoided. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R0842)

2022/02/23
Committee: TRAN

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 16 a (new)

(16a) Emission reductions in all sectors covered by Regulation (EU) 2018/842 need to accelerate if they are to adequately contribute towards the Union’s 2030 GHG emission reduction target. Non-CO2 emissions of methane, nitrous oxide and so-called F-gases represent almost 20 % of the Union’s greenhouse gas emissions. By 2030, these can be reduced effectively by up to 35 % compared to 2015. The majority of these emissions comes from the agriculture sector. Agriculture non-CO2 emissions, between 2005 and 2018, remained nearly constant and contributed only with 1 % to reductions in the Effort Sharing sectors (2 Mt CO2 equivalent). Projections indicate that countries plan rather low emission reductions in this sector1a. While these emissions can never be fully eliminated under existing technology and management options, they can be significantly reduced while ensuring food security is maintained in the Union. Further detailed monitoring, evaluation of the effectiveness and adequacy of policy efforts at national level, as well as the introduction of a minimum reduction contribution for agriculture emissions could help identify the most cost-effective measures to push the decarbonisation of agriculture, making sure that each and every sector contributes its fair share to the 2030 GHG emission reduction targets. __________________ 1a European Environment Agency, “National action across all sectors needed to reach greenhouse gas Effort Sharing targets”, 10 March 2020, https://www.eea.europa.eu/themes/climate /trends-and-projections-in- europe/national-action-across-all-sectors

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Recital 17

(17) Considering, the ~~introduction of a stre~~climate response to emissions and removals is asymmetrical, meaning th~~ened compliance regime in Regulation (EU) 2018/841 as of 2026, it is~~at one tonne of GHG emitted to the atmosphere cannot be compared to one tonne of GHG removed, the objective of enhancing removals by natural carbon sinks should be pursued strictly separately from the objective of rapidly reducing GHG emissions from other sectors, including non-CO2 agricultural emissions. It is therefore appropriate to abolish the deduction of the greenhouse gas emissions generated by each Member State in the period from 20261 to 2030 in the land sector in excess of its removals. Article 9(2) should therefore be ~~amend~~deleted accordingly.

2022/02/24
Committee: ENVI

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – introductory part

Regulation (EU) No 2018/842
Article 7

(5) Article 7 is ~~amended as follows:~~deleted.

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EU) No 2018/842
Article 7 – title

~~(a) the title is replaced by the following: Additional use of net removals from LULUCF~~deleted

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EU) No 2018/842
Article 7 – paragraph 1

(b) paragraph 1 is amended as follows: (i) the introductory sentence is replaced by the following: To the extent that a Member State’s greenhouse gas emissions exceed its annual emission allocations for a given year, including any annual emission allocations banked pursuant to Article 5(3) of this Regulation, a quantity up to the sum of total net removals and total net emissions from the combined land accounting categories included in the scope of Regulation (EU) 2018/841, may be taken into account for its compliance under Article 9 of this Regulation for that year, provided that:. (ii) point (a) is replaced by the following: (a) the cumulative quantity taken into account for that Member State for the years 2021 to 2025 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State; (aa) the cumulative quantity taken into account for that Member State for the years 2026 to 2030 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State;. (iii)deleted paragraph 2 is deleted.

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)

Regulation (EU) 2018/842
Article 8

“(5 a) Article 8 is replaced by the following: "Article 8 Corrective action 1. If the Commission finds, in its biannual assessment under Article 219 of Regulation (EU) No ~~525/2013~~2018/19991a and taking into account the intended use of the flexibilities referred to in Articles 5~~, 6~~ and 76 of this Regulation, that a Member State is not making sufficient progress towards meeting its obligations under Article 4 of this Regulation, that Member State shall, within three months, submit to the Commission a corrective action plan that includes: (a) an explanation as to why the Member State has failed to meet its obligations under Article 4 of this Regulation without prejudice to the obligation of producing a corrective action plan as provided by this article; (b) additional actions that the Member State shall implement in order to meet its specific obligations under Article 4 of this Regulation, through domestic policies and measures and the implementation of Union action; (bc) a strict timetable for implementing such actions, which enables the assessment of annual progress in implementation. 2. In accordance with its annual work programme, the European Environment Agency shall assist the Commission in its work to assess any such corrective action plans. 3. The Commission ~~may issue~~shall publish an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall ~~in that case~~ do so within four months of receipt of those plans. The Member State concerned shall take utmost account of the Commission’s opinion and may revise its corrective action plan accordingly. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R0842)~~4. The corrective action plans, as well as any revisions, and the Commission's opinions referred to in the last paragraph shall be accessible to the public. __________________ 1a 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). Or. en

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)

Regulation (EU) 2018/842
Article 9

(5 b) Article 9 is replaced by the following: "Article 9 Compliance check 1. In 2027 and 2032, if the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation for any specific year of the period, taking into account paragraph 2 of this Article and the flexibilities used pursuant to Articles 5~~, 6~~ and 76, the following measures shall apply: (a) an addition to the Member State’s greenhouse gas emission figure of the following year equal to the amount in tonnes of CO2 equivalent of the excess greenhouse gas emissions, multiplied by a factor of 1,08, in accordance with the measures adopted pursuant to Article 12; and (b) the Member State shall be temporarily prohibited from ~~transferring any part of its annual emission allocation to another Member State~~using the flexibilities referred to in Article 5 of this Regulation until it is in compliance with Article 4.; The Central Administrator shall implement the prohibition referred to in point (b) of the first subparagraph in the Union Registry. 2. If the greenhouse gas emissions of a Member State in either the period from 2021 to 2025 or the period from 2026 to 2030 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R0842)

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2018/842
Article 9 – paragraph 2

(6) In Article 9, paragraph 2 is replaced by the following: 2. a Member State in the period from 2021 to 2025 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years..deleted If the greenhouse gas emissions of

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EU) 2018/842
Article 11

(6 a) Article 11 ~~[...]~~ is deleted Or. enRegulation (EU) 2018/842

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EU) 2018/842
Article 11a (new)

(7) The following article is inserted: Article 11a Additional reserve 1. net greenhouse gas emissions by at least 55% compared to 1990 levels in compliance with Article 3 of Regulation (EU) 2021/1119 of the European Parliament and of the Council**, and taking into account the maximum limit of the contribution of net removals, an additional reserve shall be established in the Union Registry. 2. neither contribute nor benefit from the additional reserve shall notify their decision to the Commission no later than six months after the entry into force of this Regulation. 3. consist of the net removals that participating Member States have generated in the period 2026 to 2030 in excess of their respective targets pursuant to Regulation (EU) 2018/841, after deduction of both of the following: (a) Articles 11 to 13b of Regulation (EU) 2018/841; (b) for compliance pursuant to Article 7 of this Regulation. 4. pursuant to paragraph 1, a participating Member State may benefit from it if the following conditions are fulfilled: (a) the Member State exceed its annual emission allocations in the period from 2026 to 2030; (b) the flexibilities pursuant to Article 5(2) and (3); (c) maximum use possible of net removals in accordance with Article 7, even if that quantity does not reach the level set in Annex III; and (d) transfers to other Member States under Article 5. 5. If a Member States fulfils the conditions set out in paragraph 4, it shall receive an additional quantity from the additional reserve up to its shortfall to be used for compliance under Article 9. If the resulting collective quantity to be received by all of the Member States which fulfil the conditions set out in paragraph 4 of this Article exceeds the quantity allocated to the additional reserve under paragraph 3 of this Article, the quantity to be received by each of those Member States shall be reduced on a pro rata basis.’ ** Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).deleted If, by 2030, the Union has reduced Member States which decide to The additional reserve shall any flexibilities used under the quantities taken into account If an additional reserve is set up the greenhouse gas emissions of the Member State has exhausted the Member State has made the the Member State has made no net

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)

Regulation (EU) 2018/842
Article 12 – paragraph 1 – point b

(7 a) Article 12, paragraph 1, subparagraph (b) is replaced by the following: "(b) flexibilities exercised under Articles 5~~, 6~~ and 76; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R0842)

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)

Regulation (EU) 2018/842
Article 12 – paragraph 1 – point (e)

(~~e) the safety reserve under Article 11.~~ 7 b) In Article 12, paragraph 1, point (e) is deleted. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32018R0842)

2022/02/23
Committee: TRAN

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2018/842
Article 1

(1) In Article 1~~, “30%” is replaced by “40%”;~~ is replaced by the following: Subject matter This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by 40 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation and contributes to achieving the objectives of the Paris Agreement and the Union’s climate neutrality target by 2050 at the latest, with the aim to achieve negative emissions thereafter as set out in Article 2(1) of Regulation (EU) 2021/1119 (‘European Climate Law’). This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions. This Regulation also lays down rules for setting a minimum Union-wide emissions reduction contribution of 15 % below 2005 levels in 2030 as regard the non- CO2 agriculture emissions covered by Article 2(1) of this Regulation.

2022/02/24
Committee: ENVI

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 7 c (new)

Regulation (EU) 2018/842
Article 15 – paragraph 2 a (new)

(7 c) The following paragraph is added to article 15: “2a. When drafting the report referred to in the previous paragraph, the Commission shall take into account the advice of the European Scientific Advisory Board on Climate Change, established by Regulation 2021/1119 [European Climate Law], and, when available, of the national climate advisory bodies."

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2018/842
Annex III

(10) The title of Annex III is replaced by the following: ‘TOTAL NET REMOVALS FROM THE CATEGORIES OF LAND COVERED BY REGULATION (EU) 2018/841 THAT MEMBER STATES MAY TAKE INTO ACCOUNT FOR COMPLIANCE FOR THE PERIOD 2021 TO 2030 PURSUANT TO POINT (a) OF ARTICLE 7(1) OF THIS REGULATION’Annex III is deleted.

2022/02/23
Committee: TRAN

Sara CERDAS, Vera TAX, Kathleen VAN BREMPT

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2018/842
Annex III

(10) The title of Annex III is replaced by the following: TOTAL NET REMOVALS FROM THE CATEGORIES OF LAND COVERED BY REGULATION (EU) 2018/841 THAT MEMBER STATES MAY TAKE INTO ACCOUNT FOR COMPLIANCE FOR THE PERIOD 2021 TO 2030 PURSUANT TO POINT (a) OF ARTICLE 7(1) OF THIS REGULATIONdeleted

2022/02/23
Committee: TRAN

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 3 f (new)

Regulation (EU) 2018/842
Article 4 a (new)

(3f) The following Article is inserted: 'Article 4a Minimum emissions reduction contribution from the agriculture sector for 2030 1. In order to achieve the minimum emissions reduction contribution of 15 % below 2005 levels by 2030 as regards the non-CO2 agriculture emissions covered by Article 2(1) of this Regulation as set out in Article 1 of this Regulation, by 31 December 2023 the Commission shall submit a report to the European Parliament and the Council, assessing the Union-wide emissions reductions planned under Common Agricultural Policy Strategic Plans pursuant to Regulation (EU) 2021/2115, the draft National Energy and Climate Plans pursuant to Regulation (EU) 2018/1999, and other relevant national laws and policies. If that assessment finds that the non-CO2 agriculture emission reductions are expected not to reach 15 % below 2005 levels in 2030, the Commission shall make recommendations for additional mitigation measures and Member States shall amend their CAP Strategic Plans within six months, accordingly. The Commission shall approve the requested amendment provided that it is coherent with the objective of this Regulation as set out in Article 1. 2. If the Commission finds, in its annual assessment under Article 26 of Regulation (EU) 2018/1999 in the year 2027 and every year there after, while taking into account the intended use of the flexibilities referred to in Articles 5 of this Regulation, that the Union is not making sufficient progress towards meeting the minimum emission contribution as regards the non-CO2 agriculture emissions set in Article 1 of this Regulation, the Commission shall, if appropriate, put forward a legislative proposal to that effect.'

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 3 m (new)

Regulation (EU) 2018/842
Article 5 – paragraph 6

(3m) In Article 5, paragraph 6 is replaced by the following: "6. Member States ~~may~~shall use revenues generated by transfers of annual emission allocations pursuant to paragraphs 4 and 5 to tackle climate change in the Union or in third countries. Member States shall inform the Commission of any actions taken pursuant to this paragraph. "

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point -5 a (new)

Regulation (EU) 2018/842
Article 7

(-5a) Article 7 is deleted. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout (deletion of all references to Article 7).)

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EU) 2018/842
Article 7

(5) Article 7 is amended as follows: (a) following: ‘ Additional use of net removals from LULUCF ’ (b) follows: (i) replaced by the following: ‘ To the extent that a Member State’s greenhouse gas emissions exceed its annual emission allocations for a given year, including any annual emission allocations banked pursuant to Article 5(3) of this Regulation, a quantity up to the sum of total net removals and total net emissions from the combined land accounting categories included in the scope of Regulation (EU) 2018/841, may be taken into account fordeleted the title is replaced by the paragraph 1 is amended as the introductory sentence its compliance under Article 9 of this Regulation for that year, provided that:. ’ (ii) following: ‘ (a) account for that Member State for the years 2021 to 2025 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State; (aa) the cumulative quantity taken into account for that Member State for the years 2026 to 2030 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State;. ’ (iii)point (a) is replaced by the the cumulative quantity taken into paragraph 2 is deleted.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)

Regulation (EU) 2018/842
Article 8 – paragraph 3

(5c) In Article 8, paragraph 3 is replaced by the following: "3. The Commission ~~may~~shall issue an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall in that case do so within four months of receipt of those plans. The Member State concerned shall take utmost account of the Commission’s opinion and ~~may~~shall revise its corrective action plan accordingly. "

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS, Robert HAJŠEL

Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)

Regulation (EU) 2018/842
Article 8 – paragraph 3a (new)

(5d) In Article 8, the following paragraph 3a is added: “3a. The corrective action plans and Commission opinions referred to in the first and third paragraphs shall be made public.”

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point -6 c (new)

Regulation (EU) 2018/842
Article 9 – paragraph 2

2. If the greenhouse gas emissions of a Member State in either the period from 2021 to 2025 or the period from 2026 to 2030 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO 2 equivalent for the relevant years.(-6c) In Article 9, paragraph 2 is deleted. deleted (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout (deletion of all references to Art 9(2).)

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 6

(6) In Article 9, paragraph 2 is replaced by the following: ‘2. a Member State in the period from 2021 to 2025 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years. ’deleted If the greenhouse gas emissions of

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

Regulation (EU) 2018/842
Article 9 – paragraph 2a (new)

(6a) In Article 9, the following paragraph is added: ‘2a. If a Member State exceeds its annual emissions allowance (AEA) in two or more consecutive years it shall undertake a review of its National Energy and Climate Plan (NECP) and national Long-Term Strategy (LTS). That review shall be completed within 6 months. The Commission may issue recommendations identifying how the NECP and/or LTS is to be revised. Member States shall notify the revised plans to the Commission together with a statement setting out how the proposed revisions are to remedy non- compliance with the national AEAs and how they have responded to the Commission’s recommendations where relevant. If the NECP or LTS remains substantially unaltered, the Member State shall publish an explanation setting out its reasoning.’

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Delara BURKHARDT, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EU) 2018/842
Article 11a

(7) The following article is inserted: ‘ Article 11a Additional reserve 1. If, by 2030, the Union has reduced net greenhouse gas emissions by at least 55% compared to 1990 levels in compliance with Article 3 of Regulation (EU) 2021/1119 of the European Parliament and of the Council**, and taking into account the maximum limit of the contribution of net removals, an additional reserve shall be established in the Union Registry. 2. Member States which decide to neither contribute nor benefit from the additional reserve shall notify their decision to the Commission no later than six months after the entry into force of this Regulation. 3. consist of the net removals that participating Member States have generated in the period 2026 to 2030 in excess of their respective targets pursuant to Regulation (EU) 2018/841, after deduction of both of the following: (a) Articles 11 to 13b of Regulation (EU) 2018/841; (b) the quantities taken into account for compliance pursuant to Article 7 of this Regulation. 4. If an additional reserve is set up pursuant to paragraph 1, a participating Member State may benefit from it if the following conditions are fulfilled: (a) the greenhouse gas emissions of the Member State exceed its annual emission allocations in the period from 2026 to 2030; (b) the flexibilities pursuant to Article 5(2) and (3); (c) the Member State has made the maximum use possible of net removals in accordance with Article 7, even if that quantity does not reach the level set in Annex III; and (d) transfers to odeleted The additional reserve shall any flexibilities used under the Member State has exhausted ther Member States under Article 5. 5. conditions set out in paragraph 4, it shall receive an additional quantity from the additional reserve up to its shortfall to be used for compliance under Article 9. If the resulting collective quantity to be received by all of the Member States which fulfil the conditions set out in paragraph 4 of this Article exceeds the quantity allocated to the additional reserve under paragraph 3 of this Article, the quantity to be received by each of those Member States shall be reduced on a pro rata basis.’ ** Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). ’ has made no net If a Member States fulfils the

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point -10 a (new)

Regulation (EU) 2018/842
Annex III

(-10a) Annex III is deleted.

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2018/842
Annex III – title

(10) The title of Annex III is replaced by the following: ‘ TOTAL NET REMOVALS FROM THE CATEGORIES OF LAND COVERED BY REGULATION (EU) 2018/841 THAT MEMBER STATES MAY TAKE INTO ACCOUNT FOR COMPLIANCE FOR THE PERIOD 2021 TO 2030 PURSUANT TO POINT (a) OF ARTICLE 7(1) OF THIS REGULATION ’deleted

2022/02/24
Committee: ENVI

Javi LÓPEZ, César LUENA, Nicolás GONZÁLEZ CASARES, Tiemo WÖLKEN, Sara CERDAS, Milan BRGLEZ, Günther SIDL, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 a (new)

Regulation (EU) 2018/1999
Article 4 – paragraph 1 – point (a)

Article 1a Regulation (EU) 2018/1999 is amended as follows: In Article 4, paragraph 1, point (a) the following subparagraph is added: Member States shall demonstrate for each target and commitment how the planned measures are to contribute to their achievement, and explain the methodology used for their emissions reduction projections. With regard to sectors covered under Regulation (EU) 2018/842, Member States shall specify for each sector the expected emissions reduction level by the end of the period covered.”

2022/02/24
Committee: ENVI

Activities of Sara CERDAS related to 2021/0200(COD)

Shadow opinions (1)

Amendments (49)

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