[ParlTrack]

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 and beyond contributing to climate action to meet commitments under the Paris Agreement (Text with EEA relevance)

2022/02/23
Committee: TRAN

Elena KOUNTOURA

Proposal for a regulation
Recital 1

(1) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), entered into force in November 2016 (“the Paris Agreement”). Its Parties have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations.

2022/02/23
Committee: TRAN

Elena KOUNTOURA

Proposal for a regulation
Recital 1 a (new)

(1 a) In its resolution of 28 November 2019 on the climate and environment emergency, the European Parliament urged the Commission to take immediate and ambitious action to limit global warming to 1,5°C and to avoid massive biodiversity loss,including by addressing inconsistencies in current Union policies with the climate and environment emergency and by ensuring that all relevant future legislative and budgetary proposals are fully aligned with the objective of limiting global warming to under 1,5°C and that they do not contribute to biodiversity loss.

2022/02/23
Committee: TRAN

Elena KOUNTOURA

Proposal for a regulation
Recital 3

(3) The European Green Deal31 provides a starting point for the achievement of the Union’s climate- neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter as laid out in Article 2(1) of Regulation (EU) 2021/1119. It combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050 at the latest, 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~~people from environment-related risks and impacts. At the same time, this transition affects ~~women and men~~all genders 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. __________________ 31 Commission Communication - The European Green Deal, COM(2019) 640 final of 11 December 2019.

2022/02/23
Committee: TRAN

Elena KOUNTOURA

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 and the aim to achieve negative emissions thereafter. 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

Elena KOUNTOURA

Proposal for a regulation
Recital 8 a (new)

(8 a) The large scale use of biomass, biofuels and bioliquids as fuels cannot be a long-term solution for the Union nor its Member States and should be minimised. Therefore, only bio-based fuels that comply with the sustainability and greenhouse gas emission savings criteria established by the Directive (EU) 2018/2001 and specific rules for biofuels, bioliquids and biomass fuels produced from food and feed crops established by the Directive (EU) 2018/2001 shall be considered to have zero emissions under this Regulation.

2022/02/23
Committee: TRAN

Elena KOUNTOURA

Proposal for a regulation
Recital 11 a (new)

(11 a) The Commission, on the basis of the latest scientific knowledge and taking into account the advice of the Advisory Board established in Article 3 of Regulation (EU) 2021/1119, should propose intermediate targets for Member States for the years 2035, 2040, 2045 and 2050 under this regulation. Demonstrating a rising ambition, these intermediate targets should set out a goal for Union-wide reduction targets for the sectors under Regulation (EU) 2018/842 as a sum of legally binding and enforceable Member State targets. The Commission should propose intermediate targets for the years 2035 and 2040 no later than six months after the adoption of the Union’s new climate target for 2040 pursuant to Article 4(3), (4) and (5) of Regulation 2021/1119. The Commission should propose the intermediate targets for the years 2045 and 2050 no later than 1January 2035. Together with other relevant Union legislation, the intermediate targets for Regulation (EU)2018/842 for the years 2035, 2040, 2045 and 2050 should ensure the achievement of the Union’s climate- neutrality by 2050 at the latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) in Regulation 2021/1119.

2022/02/23
Committee: TRAN

Elena KOUNTOURA

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

Elena KOUNTOURA

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

Elena KOUNTOURA

Proposal for a regulation
Recital 15

(15) Under Regulation (EU) 2018/842, the cancellation of a limited quantity of emission allowances in the European Union emission trading system may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost- effective reduction potential, is is therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Union on emission reductionshall be repealed to enhance emission reduction efforts.

2022/02/23
Committee: TRAN

Elena KOUNTOURA

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~~shall be repealed 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 allowProgress in one sector cannot compensate for the lack of progress in other sectors. Moreover, removals of GHGs by natural carbon sinks are fragile and potentially reversible, which leads to increased uncertainty in measuring emissions and removals ing 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~~land sector compared to sectors under Regulation (EU) 2018/842. __________________ 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).

2022/02/23
Committee: TRAN

Elena KOUNTOURA

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

Elena KOUNTOURA

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: "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. This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions and for determining Member States emission reduction targets for 2035, 2040, 2045 and 2050 in the sectors covered by Article 2(1) of this Regulation. Or. en (REGULATION (EU) 2018/842)

2022/02/23
Committee: TRAN

Elena KOUNTOURA

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

Regulation (EU) 2018/842
Article 2 – paragraph 3

(2 a) Article 2, paragraph 3 is replaced by the following: 3. For the purposes of this Regulation,: (a) CO 2 emissions from IPCC source category ‘1.A.3.A civil aviation’ shall be treated as zero. (b) only biofuels, bioliquids, as well as biomass fuels which comply with the sustainability and greenhouse gas emission savings criteria established by the Directive (EU) 2018/2001 of the European Parliament and of the Council shall be considered to have zero emissions. (c) If the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, is higher than the maximum share established in article 26 of Directive (EU) 2018/2001 of the European Parliament and of the Council, they shall no longer be considered to have zero emissions for the purpose of this Regulation. Or. en (REGULATION (EU) 2018/842)

2022/02/23
Committee: TRAN

Elena KOUNTOURA

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

Regulation (EU) 2018/842
Article 3

(2 b) Article 3 is replaced by the following: "For the purposes of this Regulation, the following definitions apply: (1) ‘Greenhouse gas emissions’ means emissions in terms of tonnes of CO 2 equivalent of carbon dioxide (CO 2 ), methane (CH 4 ), nitrous oxide (N 2 O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), nitrogen trifluoride (NF 3 ) and sulphur hexafluoride (SF 6 ) determined pursuant to Regulation (EU) No 525/2013 and falling within the scope of this Regulation; (2) ‘Annual emission allocations’ means the maximum allowed greenhouse gas emissions for each year between 2021 and 2030 determined pursuant to Article 4(3) and Article 10; (3) ‘EU ETS allowance’ means an ‘allowance’ as defined in point (a) of Article 3 of Directive 2003/87/EC. (4) 'Biomass' as defined in point (24) of Article 2 of the Directive (EU)2018/2001 of the European Parliament and of the Council. (5) ‘Bioliquid' as defined in point (32) of Article 2 of the Directive(EU) 2018/2001 of the European Parliament and of the Council. (6)'Biofuel' as defined in point (23) of Article 2 of the Directive (EU) 2018/2001of the European Parliament and of the Council. Or. en (REGULATION (EU) 2018/842)

2022/02/23
Committee: TRAN

Elena KOUNTOURA

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

Regulation (EU) 2018/842
Article 4

Annual emission levels for the period from 2021 to 2030 1. Each Member State shall, in 2030, limit its greenhouse gas emissions at least by the percentage set for that Member State in Annex I in relation to its greenhouse gas emissions in 2005, determined pursuant to paragraph 3 of this Article. 2. Subject to the flexibilities provided for in Articles 5, 6 and 7 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. 3. The Commission shall adopt implementing acts setting out the annual emission allocations for the years from 2021 to 2030 in terms of tonnes of CO 2 equivalent as specified in paragraphs 1 and 2 of this Article. For the purposes of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by Member States pursuant to Article 7 of Regulation (EU) No 525/2013.EN L 156/32 Official Journal of the European Union 19.6.2018 implementing acts shall indicate the value for the 2005 greenhouse gas emissions of each Member State used to determine the annual emission allocations specified in paragraphs 1 and 2. 4. Those implementing acts shall also specify, based on the percentages notified by Member States under Article 6(3), the total quantities that may be taken into account for a Member State’s compliance under Article 9 between 2021 and 2030. If the sum of all Member States’ total quantities were to exceed the collective total of 100 million, the total quantities for each Member State shall be reduced on a pro rata basis so that the collective total is not exceeded. 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14. (2 c) Article 4 is replaced by the following: "Annual emission levels for the period from 2021 to 2030 and beyond 1. Each Member State shall, in 2030, limit its greenhouse gas emissions at least by the percentage set for that Member State in Annex I in relation to its greenhouse gas emissions in 2005, determined pursuant to paragraph 3 of this Article. 2. Subject to the flexibilities provided for in Article 5 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: do not exceed, in the years 2021 to 2030 the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 2018, 2019 and 2020, as set out pursuant to paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in Annex I to this Regulation. The linear trajectory of a Member State shall start from 2020. 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 trajectory set out in paragraph 2. Those 5. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 14. 6. With a view to achieving the Union’s climate-neutrality objective by 2050 at latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation (EU) 2021/1119, and in view of the Union-wide climate target for 2040 pursuant to Article 4(3), (4) and (5) of Regulation 2021/1119, the Commission, supported by the Advisory Board established in Article 3 of Regulation (EU) 2021/1119, shall make a legislative proposal, as appropriate, based on a detailed impact assessment, to amend this Regulation to distribute the Union’s climate target as a sum of legally binding Member State targets for the years 2035 and 2040. This proposal shall be published no later than 6 months after the adoption of the Union’s new climate target for 2040. 7. By 1 January 2035 at the latest, with a view to achieving Union’s climate- neutrality objective by 2050 at latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation (EU) 2021/1119, the Commission, supported by the Advisory Board established in Article 3 of Regulation (EU) 2021/1119, shall make a legislative proposal, as appropriate, based on a detailed impact assessment, to amend this Regulation to distribute the Union’s climate target as a sum of legally binding Member State targets for the years 2045 and 2050. 8. In order to contribute to the Union’s climate-neutrality objective by 2050 at latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation (EU) 2021/1119, and view of the Union’s commitments under the Paris Agreement, Member States shall balance their greenhouse gas emissions covered by sectors pursuant to Article 2(1) of this Regulation and other relevant Union legislation with removals at the latest by 2050, thus reducing emissions to net-zero by that date. From 2051onward, Member States shall aim to achieve net negative emissions ensuring that removals exceed the amount of emissions covered by this regulation and other relevant Union legislation. Or. en (REGULATION (EU) 2018/842)

2022/02/23
Committee: TRAN

Elena KOUNTOURA

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)

Regulation (EU) 2018/842
Article 6

(4 a) Article 6 Flexibility for certain Member States following reduction of EU ETS allowances 1. The Member States listed in Annex II to this Regulation may have a limited cancellation of up to a maximum of 100 million EU ETS allowances collectively taken iis deleted (This amendmento account for their compliance under this Regulation. Such cancellation shall be made from the auctioning volumes of the Member State concerned pursuant to Article 10 of Directive 2003/87/EC. 2. The EU ETS allowances taken into account under paragraph 1 of this Article shall be considered as EU ETS allowances in circulation for the purposes of Article 1(4) of Decision (EU) 2015/1814. In its first review pursuant to Article 3 of that Decision, the Commission shall consider whether to maintain the accounting set out in the first subparagraph of this paragraph.EN 19.6.2018 Official Journal of the European Union L 156/33 3. The Member States listed in Annex II shall notify the Commission by 31 December 2019 of any intention to make use of the limited cancellation of EU ETS allowances referred to in paragraph 1 of this Article, up to the percentage listed in Annex II for each year of the period from 2021 to 2030 for each Member State concerned, for its compliance under Article 9. The Member States listed in Annex II may decide to revise the notified percentage downwards once in 2024 and once in 2027. In such case, the Member State concerned shall notify the Commission thereof by 31 December 2024 or by 31 December 2027, respectively. 4. At a Member State’s request, the Central Administrator designated pursuant to Article 20(1) of Directive 2003/87/EC (‘the Central Administrator’) shall take into account an amount up to the total quantity determined pursuant to Article 4(4) of this Regulation for that Member States’ compliance under Article 9 of this Regulation. One-tenth of the total quantity of EU ETS allowances determined pursuant to Article 4(4) of this Regulation shall be cancelled pursuant to Article 12(4) of Directive 2003/87/EC for each year from 2021 to 2030 for that Member State. 5. Where a Member State, in accordance with paragraph 3 of this Article, has notified the Commission of its decision to revise the previously notified percentage downwards, a correspondingly lower quantity of EU ETS allowances shall be cancelled for that Member State in respect of each year from 2026 to 2030 or from 2028 to 2030, respectively. pplies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (REGULATION (EU) 2018/842)

2022/02/23
Committee: TRAN

Elena KOUNTOURA

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)

Regulation (EU) 2018/842
Article 7

Article 7 Additional use of up to 280 million net removals from LULUCF 1. 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 of afforested land, deforested land, managed cropland, managed grassland and, subject to the delegated acts adopted pursuant to paragraph 2 of this Article, managed forest land and managed wetland, as referred to in points (a) and (b) of Article 2(1) of Regulation (EU) 2018/841, may be taken i(4 a) Article 7 is deleted (This amendmento account for its compliance under Article 9 of this Regulation for that year, provided that: (a) the cumulative quantity taken into account for that Member State for all the years of the period from 2021 to 2030 does not exceed the maximum amount of total net removals set out in Annex III to this Regulation for that Member State; (b) such quantity is in excess of that Member State’s requirements under Article 4 of Regulation (EU) 2018/841; (c) the Member State has not acquired more net removals under Regulation (EU) 2018/841 from other Member States than it has transferred; (d) the Member State has complied with Regulation (EU) 2018/841;and (e) the Member State has submitted a description of the intended use of the flexibility available under this paragraph pursuant to the second subparagraph of Article 7(1) of Regulation (EU) No 525/2013. 2. The Commission shall adopt delegated acts in accordance with Article 13 of this Regulation to amend the title of Annex III thereto in respect of the land accounting categories in order to: (a) reflect the contribution of the land accounting category managed forest land while respecting the maximum amount of total net removals for each Member State referred to in Annex III to this Regulation, when delegated acts laying down forest reference levels are adopted pursuant to Article 8(8) or (9) of Regulation (EU) 2018/841; and (b) reflect the contribution of the land accounting category managed wetland while respecting the maximum amount of total net removals for each Member State referred to in Annex III to this Regulation, when all Member States are required to account for this category under Regulation (EU) 2018/841.EN L 156/34 Official Journal of the European Union 19.6.2018 pplies throughout the text. Adopting it will necessitate corresponding changes throughout.) Or. en (REGULATION (EU) 2018/842)

2022/02/23
Committee: TRAN

18 Amendments of Elena KOUNTOURA related to 2021/0200(COD)

ParlTrack - 2011-2024