Activities of Robert ROOS related to 2021/0211(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757
Amendments (31)
Amendment 69 #
Proposal for a directive
Recital 27
Recital 27
(27) Bearing in mind that this Directive amends Directive 2003/87/EC in respect of a period of implementation that has already started on 1 January 2021, for reasons of predictability, environmental effectiveness and simplicity, the steeper linear reduction pathway of the EU ETS should be a straight line from 2021 to 2030, such as to achieve emission reductions in the EU ETS of 61 % by 2030, as the appropriate intermediate step towards Union economy- wide climate neutrality in 2050. As the increased linear reduction factor can only apply from the year following the entry into force of this Directive, a one-off reduction of the quantity of allowances should reduce the total quantity of allowances so that it is in line with this level of annual reduction having been made from 2021 onwards.
Amendment 76 #
Proposal for a directive
Recital 29
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investments in techniques to increase energy efficiency and reduce emissions. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordingly.
Amendment 88 #
Proposal for a directive
Recital 30
Recital 30
(30) The effectively implemented Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is, can be an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitionalif it successfully addresses carbon leakage. To ensure that CBAM is effective in achieving its goals, prior to any phasing-out of EU ETS free allowances is needed to allow producers, importers and tradand two years afters to adjust to the new regime. The reducthe transitional periond of free allocation should be implemented by applying a factor to free allocCBAM, a review of a fully operation foral CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carb, including importers paying, should be undertaken by the European Commission. This review should assess the effectiveness of CBAM at protecting the EU industry from carbon leakage and its effects on the CBAM sectors value chains. Only after the Commission has verified CBAM is fully effective in tackling carbon leakage such that it leads to a level of carbon leakage protection at least equivalent to that of the free allocation, technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given tohe free allocations can be reduced. Furthermore, an effective export protection mechanism must be established as exports will not be projtects in CBAM sectors. To respect the proportion of the free allocaed by the CBAM. If the above- mentioned conditions available for the non-CBAM sectors, the final ampply, a progressive phasing ount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51of free allocations could eventually take place. [please insert full OJ reference]
Amendment 97 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to better reflect technological progress andDue to the law of diminishing returns, we can expect the annual reduction rate to decline. In order to adjust the corresponding benchmark values to the relevant period of allocation while ensuring emission reduction incentives and properly rewarding innovation, the maximum adjustment of the benchmark values should be indecreased from 1,6 % to 2,5 1,2% per year. For the period from 2026 to 2030, the benchmark values should thus be adjusted within a range of 4 % to 50 % compared to the value applicable in the period from 2013 to 2020.
Amendment 110 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies, including projects related to nuclear power, and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero- emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 135 #
Proposal for a directive
Recital 43
Recital 43
(43) The Communication of the Commission on Stepping up Europe’s 2030 climate ambition57 , underlined the particular challenge to reduce the emissions in the sectors of road transport and buildings. Therefore, the Commission announced thatAround 34 million Europeans are living in energy poverty and are unable to keep their homes adequately warm, according to Eurostat figures. Though less documented, also transport poverty is a widespread phenomenon in the European Union. Therefore, a further expansion of emissions trading couldto include emissions from road transport and buildings, can only happen if Member States demonstrate that there are affordable alternatives to fossil fuels which are used for combustion in private road transport and private heating or cooling of residential buildings. Emissions trading for these two new sectors would be established through a voluntary, separate but adjacent emissions trading. This would avoid any disturbance of the well- functioning emissions trading in the sectors of stationary installations and aviation. The new system is accompanied by complementary policies and measures safeguarding against undue price impacts, shaping expectations of market participants and aiming for a carbon price signal for the whole economy. Previous experience has shown that the development of the new market requires setting up an efficient monitoring, reporting and verification system. In view of ensuring synergies and coherence with the existing Union infrastructure for the EU ETS covering the emissions from stationary installations and aviation, it is appropriate to set up emissions trading for the road transport and buildings sectors via an amendment to Directive 2003/87/ЕC. _________________ 57 COM(2020)562 final.
Amendment 174 #
Proposal for a directive
Recital 66 a (new)
Recital 66 a (new)
(66a) EU citizens and European enterprises, particularly small and medium sized enterprises, which were already hit by the pandemic and by the economic consequences of the governments reaction to it, face record high gas and electricity prices, irrelevant to the ETS price. Therefore the Commission should not only release allowances from the MSR when the average price of allowances is higher than usual but also when wholesale gas prices soar.
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/CE
Article 2 paragraph 1
Article 2 paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga paragraph 2a (new)
Article 3ga paragraph 2a (new)
2 a. The Commission shall take the position of ports that face the risk of unfair competition with ports that are not subjected to this directive in special account. The Commission shall identify the ports that face a high risk of carbon leakage, and assess every two years whether this risk has manifested itself and to what extent, the assessment shall be done in the form of a report. The report shall be based on pre-defined parameters, in order to make the reports comparable. The Commission shall submit this report to the Parliament without undue delay. The Commission shall take all appropriate, diplomatic and legislative, measures including extending the scope of this directive to ports that are not bound by this directive, to circumvent carbon leakage to the aforementioned ports.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 1a
Article 9 – paragraph 1a
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %[X.X%, to be aligned, so that the 2030 reduction objective will be met.]. The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – introductory part
Article 10 – paragraph 3 – subparagraph 1 – introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following, including nuclear energy-related activities and technologies:;
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4 – first sentence
Article 10 – paragraph 4 – first sentence
4. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the timing, administration and other aspects of auctioning, including the modalities for the transfer of a share of revenues to the Union budget, in order to ensure that it is conducted in an open, transparent, harmonised and non- discriminatory manner.
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 2 b
Article 10 a – paragraph 1 – subparagraph 2 b
No free allocation shall be given to installations in sectors or subsectors to the extent they are covered by other measures to address the risk of carbon leakage as established by Regulation (EU) …./.. [reference to CBAM](**). The measures referred to in the first subparagraph shall be adjusted accordingly. This subparagraph shall not ably if the operator of the installation can reliably demonstrate Regulation (EU) …./.. [reference to CBAM](**) does not offer him sufficient protection for his exports. When the operator can reliably demonstrate that Regulation (EU) …./.. [reference to CBAM](**) does not provide protection against carbon leakage for his exports, free allocations will be allocated proportionate to the share of his exports that is not protected by Regulation (EU) …./.. [reference to CBAM](**), so that WTO-compliance is ensured.
Amendment 256 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 3
Article 10 a – paragraph 1 – subparagraph 3
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 2
Article 10 a – paragraph 1 a – subparagraph 2
By way of derogation from the previousfirst subparagraph, for the first years of operation of Regulation [CBAM], the production of these products listed in Annex I to that Regulation shall benefit from free allocation in reduced amountsat benchmark level. A factor reducing the free allocation for the production of theose products shall only be applied (CBAM factor) two years after the transitional period of CBAM and after the Commission has verified CBAM is fully effective in tackling carbon leakage risk both on the EU market and on export markets is assessed and positively verified. The CBAM factor shall be equal to 100 % for the period during thebetween ... [the date of entry into force of [CBAM regulation]] and the end of 2025,[the date of entry into force of [CBAM regulation] + +] , shall be equal to 90 % in 2026[n+4] and shall be reduced by 10 percentage points each year to reach 0 % by the tenth year. For this purpose, three years after the introduction of CBAM, the Commission shall present a report to the European Parliament and to the Council on the implementation of the Carbon Border Adjustment Mechanism (CBAM) during the years preceding that of the report. In its report, the Commission shall, in particular, assess if the CBAM has entered into force and has been effectively implemented such that it leads to a level of carbon leakage protection that is equivalent to that of the free allocation system which it replaces under this Article. Only in the event that the Commission in its report concludes that, in the years preceding that of the report, the CBAM has been effectively implemented such that it leads to a level of carbon leakage protection at least equivalent to that of the free allocation, the free allocations shall be reduced as detailed in the previous subparagraph.
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 4 a (new)
Article 10 a – paragraph 1 a – subparagraph 4 a (new)
This paragraph shall not apply to products produced for export. The manufacturer has the burden to reliable demonstrate the number of products designed for export. By default this shall be the average of the last five years. If such data is not available, or the manufacturer has reason to assume that data holds no predictive value for the upcoming year, he shall substantially explain his estimations.
Amendment 299 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10 a – paragraph 2 – third paragraph – point d
Article 10 a – paragraph 2 – third paragraph – point d
(d) Where the annual reduction rate exceeds 2,51,2 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028.
Amendment 325 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 3
Article 10 a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation], especially the exporting sectors, to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storagenuclear energy, in a way that contributes to mitigating climate change.
Amendment 335 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 6
Article 10 a – paragraph 8 – subparagraph 6
Projects including projects related to nuclear power, shall be selected on the basis of objective and transparent criteria, taking into account, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. Projects involving nuclear energy should be in full compliance of existing legislation and in accordance with Article 41 of the Euratom Treaty. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported.
Amendment 355 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10 d – paragraph 1 – subparagraph 2
Article 10 d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use fossil fuels.”
Amendment 361 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – introductory part
Article 10 d – paragraph 2 – introductory part
2. At least 860 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point a
Article 10 d – paragraph 2 – point a
Amendment 368 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point b
Article 10 d – paragraph 2 – point b
Amendment 375 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point e
Article 10 d – paragraph 2 – point e
(e) the support of low-income and middle-income households, including in rural and remote areas, to address energy poverty and to modernise their heating systems; and
Amendment 376 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point f
Article 10 d – paragraph 2 – point f
(f) a just transition in carbon- dependent regions in the beneficiary Member States, so as to support the redeployment, re-skilling and up-skilling of workers, education, job-seeking initiatives and start-ups, in dialogue with the social partners.;
Amendment 379 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 a (new)
Article 10 d – paragraph 2 a (new)
2a. At least 20 % of the financial resources from the Modernisation Fund shall be used to provide grants for investments in nuclear energy.
Amendment 404 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 b (new)
Article 29 b (new)
(19a) The following Article is inserted after Article 29a: Article 29b (new) 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Financial intermediaries purchasing allowances on account of the entities mentioned in paragraph 1 and not their own can be an exception. 3. The quantity of EU ETS allowances purchased during auctions by financial intermediaries cannot exceed what is reasonably needed to fulfil their contractual obligations towards entities mentioned in paragraph 1. 4. Article 6 paragraph 5 of the Auctioning Regulation (no 1031/2010) should be adjusted in accordance with paragraphs 1 and 2. 5. Member States shall introduce effective and deterrent penalties for entities not falling under the scope of paragraph 1 or 2 that hold, acquire, or sell EU ETS allowances. Member States shall also ensure that contracts aiming to acquire or sell EU ETS allowances are void. 6. By way of derogation from paragraph 5, entities that do not fall under the scope of paragraph 1 or 2, are allowed to sell the EU ETS allowances they hold, until 1 year after this amendment enters into force.
Amendment 414 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 a – paragraph 1
Article 30 a – paragraph 1
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 Directive 2003/87/EC
Article 1 – paragraph 1 – point 21 Directive 2003/87/EC
2a. Where, for more than three consecutive months, the average wholesale price of gas is more than 50% higher than the average price of gas in the three consecutive months in the five previous years, the Commission shall, as a matter of urgency, adopt a decision to release 150 million allowances covered by this Chapter from the Market Stability Reserve;
Amendment 424 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Decision (EU) 2015/1814
Article 1 – paragraph 4 a
Article 1 – paragraph 4 a
4a. As from [the year following the entry into force of this Directive],2026 the calculation of the total number of allowances in circulation shall include the number of allowances issued in respect of aviation and maritime transport since the beginning of that year, and the number of allowances surrendered by aircraft operators and ship operators in respect of emissions for which allowances are the units which can be used in respect of EU ETS obligations.
Amendment 428 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5
Article 1 – paragraph 5
5. In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled.