31 Amendments of Dolors MONTSERRAT related to 2021/0211(COD)
Amendment 180 #
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should not be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114)The Commission should also be empowered to adopt implementing acts specifying the conditions under which greenhouse gases transferred for further use should be accounted for at the point of release into the atmosphere.
Amendment 212 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Measures should be included in this Directive to prevent the carbon leakage produced as a result of more stringent rules applied in EU ports than in non-EU countries. Special attention needs to be paid to transhipment operations in non-EU neighbouring ports, which could benefit from an unfair playing field if sufficient compensatory measures are not foreseen. This difference in the applicable rules would imply a shift in deep sea traffic towards ports outside the EU and would generate feeder ship traffic that only registers 50 % of its emissions. The traffic – whose origin is at a neighbouring, non-EU transhipment port – should be treated as intra-EU traffic and ship-owners should acquire 100 % of their emission rights when their ships are en route to an EU port. Also, a gradual phase-in of the EU ETS should be set for deep sea routes performing at least 30 % of transhipment operations in EU ports.
Amendment 278 #
Proposal for a directive
Recital 29
Recital 29
Amendment 291 #
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation tontends to complement and progressively replace the existing mechanisms by addressing the risk of carbon leakage in a different way. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers,and once the CBAM has fully demonstrated its effectiveness in equalising CO2 costs between importersd and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM fadomestic products and in protecting the competitiveness of European exports, the free allocation received by these sector)s should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectorsgradually phased out. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The free allocation should be phased out only after a comprehensive transitional period between 2026 and 2030. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 314 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) While the surrendering of CBAM certificates for EU imports addresses the risk of carbon leakage on the EU market, it is essential to also avoid the risk that EU exports on global markets are replaced by more carbon intensive goods or by goods that are not subject to equivalent carbon costs. For this purpose, a CBAM factor equal to 100 % should apply to exports outside the EU of the products covered by the CBAM Regulation, as long as no WTO- compatible export solution measure to equalise CO2 costs has been implemented. Existing carbon pricing mechanisms in third countries should lead to an adjustment of the CBAM factor.
Amendment 394 #
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activityfor at the point of release into the atmosphere. To ensure that renewable fuels of non- biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementing acts laying down the necessary adjustments for how and when to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place for capturing the CO2, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 651 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘emissions’ means the release of greenhouse gases into the atmosphere from sources in an installation or the release from an aircraft performing an aviation activity listed in Annex I or from ships performing a maritime transport activity listed in Annex I of the gases specified in respect of that activity, or the release of greenhouse gases corresponding to the activity referred to in Annex III;;
Amendment 660 #
(v) ‘shipping company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council(*); ___. When the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed by a different entity pursuant to a contractual agreement, this entity shall be responsible under this contractual agreement to cover the costs arising from the implementation of this Directive. Operation of the ship for the purposes of this Article shall mean determining the cargo carried, the route or the speed of the ship. __________ (*) Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95 (OJ L 64, 4.3.2006, p. 1).
Amendment 665 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point x
Article 3 – paragraph 1 – point x
Amendment 678 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point z a (new)
Article 3 – paragraph 1 – point z a (new)
(za) “port of call” means the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, for the purpose of this Directive stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops in a transhipment port of a non-EU neighbouring country and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 679 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point z b (new)
Article 3 – paragraph 1 – point z b (new)
(z b) “transhipment port” means the port where the movement of one type of cargo to be transhipped exceeds 60 % of the total traffic of that port. Cargo, container or goods are transhipped when they are unloaded from the ship to the port for the sole purpose of loading them on another ship.
Amendment 680 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point z c (new)
Article 3 – paragraph 1 – point z c (new)
(z c) “deep sea routes” means those shipping routes connecting two or more continents and performed by regular services covering more than 3 000 km long where ships would carry out transhipment operations at any port in its route. Such routes shall be incorporated in a list and reconsidered on an annual basis by the Commission.
Amendment 681 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point z d (new)
Article 3 – paragraph 1 – point z d (new)
(z d) "transhipment operation” means an operation in which any cargo, container or good is unloaded from a ship to the port for the sole purpose of loading it on another ship.
Amendment 682 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point z e (new)
Article 3 – paragraph 1 – point z e (new)
(z e) "Non-EU neighbouring countries" means all non-EU countries connected by the same sea basin to an EU Member State or adjacent to an EU Member State.
Amendment 700 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 a (new)
Article 3g – paragraph 1 a (new)
1a. In order to prevent carbon leakage due to the relocation of transhipment operations from EU-ports to transhipment ports in non-EU neighbouring countries, the following rules shall apply: - In the case of voyages with departure in an EU Member State and arrival in a non-EU country or with departure in a non-EU country and arrival in an EU Member State, with a stop in a non-EU transhipment port, the allocation of allowances and surrender requirements shall apply in respect of one hundred percent (100 %) of emission for the segment of the voyage between the EU Member State and the non-EU transhipment port, and fifty percent (50%) for the rest of the voyage; - In the case of voyages with origin in an EU Member State and arriving in another EU Member State, with a stop in a non- EU transhipment port, the allocation of allowances and surrender requirements shall apply in respect of one hundred percent (100 %) of emissions for the whole voyage.
Amendment 747 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga a (new)
Article 3ga a (new)
Article 3gaa Gradual phase-in for the maritime transport at risk of carbon leakage In order to avoid carbon leakage and traffic routes distortion to non-EU neighbouring for ships engaged in deep- sea routes performing at least 30 % of transhipment operations in a call in an EU port, shipping companies shall be liable to surrender allowances according to the following schedule: (a) 15 % of verified emissions reported for 2023; (b) 28 % of verified emissions reported for 2024; (c), 40 % of verified emissions reported for 2025; (d), 52 % of verified emissions reported for 2026; (e), 64 % of verified emissions reported for 2027; (e), 76 % of verified emissions reported for 2028; (e), 88 % of verified emissions reported for 2029; (f) 100 % of verified emissions reported for 2030 and each year thereafter. To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years between 2023 and 2030, and once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 803 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,25,09 %. 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 928 #
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 10a – paragraph 1 – subparagraph 2a
Article 10a – paragraph 1 – subparagraph 2a
Amendment 966 #
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 10a – paragraph 1 – subparagraph 2b
Article 10a – paragraph 1 – subparagraph 2b
Amendment 1020 #
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 10a – paragraph 1a – subparagraph 1
Article 10a – paragraph 1a – subparagraph 1
Amendment 1035 #
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 10a - paragraph 1a - subparagraph 2
Article 10a - paragraph 1a - subparagraph 2
Amendment 1105 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
(d) Where the annual reduction rate exceeds 2,51,6 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028.;
Amendment 1145 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a - paragraph 6 - subparagraph 1
Article 10a - paragraph 6 - subparagraph 1
Member States shouldall adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.;
Amendment 1192 #
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 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and, energy storage and carbon removal 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] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 1390 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29 a
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than sixtwo consecutive months, the allowance average price is more than three1,5 times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Art or if the allowance pricle 9 of Decision No 280/2004/EC. 2. paragraph 1 does not correspond to changing market fundamentals, one of the following measures may be adopted, taking into account the degree of price evolution: (a) States to bring forward the auctioning of a part of the quantity to be auctioned; (b) States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referredincreases more than 15 % in a period of less than 12 months, 100 million allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States, pursuant to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)1(7) of Decision (EU) 2015/1814. If the price evolution referred to in a measure which allows Member a measure which allows Member The arrangements for the Or. en
Amendment 1411 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
Chapter IV a
Amendment 1665 #
Proposal for a directive
Annex I – paragraph 1 – point c – point vii
Annex I – paragraph 1 – point c – point vii
Directive 2003/87/EC
Annex I – table – last row
Annex I – table – last row
“Maritime transport Greenhouse gases covered by Regulation (EU) 2015/757”; Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or cargo for commercial purposes This activity shall not include: (a) Voyages performed in the framework of a public service contract or subject to public service obligations in accordance with Regulation (EEC) No 3577/92; (b) Voyages to and/or from the outermost regions of the EU; (c) Voyages performed by a ship with total annual emissions lower than 10 000 tonnes per year; (d) Humanitarian voyages; (e) Search and rescue voyages or parts of normal voyages by ships where search and rescue activities had to be carried out; (f) Force majeure for all or part of the voyage; (g) Ships for civil protection and rescue.
Amendment 1676 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 1679 #
Proposal for a directive
Annex I – point 2Directive 2003/87/EC
Annex I – point 2Directive 2003/87/EC
Annex III
Amendment 1684 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III a
Annex III a
Amendment 1703 #
Proposal for a directive
Annex I – point 4
Annex I – point 4
Directive 2002/87/EC
Annex IV – Part C
Annex IV – Part C