BETA

Activities of Silvia MODIG related to 2021/0200(COD)

Shadow reports (1)

REPORT on the 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 contributing to climate action to meet commitments under the Paris Agreement
2022/05/24
Committee: ENVI
Dossiers: 2021/0200(COD)
Documents: PDF(436 KB) DOC(197 KB)
Authors: [{'name': 'Jessica POLFJÄRD', 'mepid': 197404}]

Amendments (93)

Amendment 29 #
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 and Regulation (EU) 2021/1119 (‘Climate Action Regulation for Europe: CARE’) (Text with EEA relevance)
2022/02/24
Committee: ENVI
Amendment 33 #
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.
2022/02/24
Committee: ENVI
Amendment 34 #
Proposal for a regulation
Recital 1 a (new)
(1a) The urgency of not exceeding the Paris Agreement goal of 1,5 °C has become more significant following the findings of the Intergovernmental Panel on Climate Change (IPCC) in its reports of 8 October 2018 entitled ‘Global warming of 1,5 °C’ and of 7 August 2021 entitled ‘Climate Change 2021: The Physical Science Basis’. The IPCC found that the consequences of climate change are far more destructive if global warming fails in being delimited to 1,5 °C and reaches 2 °C. In addition, global temperature will reach or exceed the 1,5 ° C mark earlier than previously anticipated, namely by that average over the next 20 years. It also found that unless there are immediate and ambitious reductions in greenhouse gas emissions, it will no longer be possible to limit global warming to close to 1,5 °C or even 2 °C.
2022/02/24
Committee: ENVI
Amendment 36 #
Proposal for a regulation
Recital 1 b (new)
(1b) In its resolution of 28 November 2019 on the climate and environment emergency1b, 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. __________________ 1b P9_TA(2019)0078.
2022/02/24
Committee: ENVI
Amendment 37 #
Proposal for a regulation
Recital 1 c (new)
(1c) The need for urgent action is further intensified by the increase in the frequency and intensity of extreme weather conditions as a direct result of climate change. According to the United Nations (UN) Office for Disaster Risk Reduction, the number of disasters recorded and the scale of economic losses have nearly doubled in the last 20 years; and much of this increase corresponds to the significant rise in the number of climate-related disasters that pose a significant threat to human health. Furthermore, in its resolution 48/13 of 8 October 2021, the UN Human Rights Council recognised right to a safe, clean, healthy and sustainable environment as a human right.
2022/02/24
Committee: ENVI
Amendment 38 #
Proposal for a regulation
Recital 1 d (new)
(1d) The Union should therefore address this urgency by stepping up its efforts and establishing itself as an international leader in the fight against climate change, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities, as laid down in Article 2(1) of the Paris Agreement.
2022/02/24
Committee: ENVI
Amendment 40 #
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, and resource-efficient and competitive economy, where economic growth is decoupled from resource useeconomy. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizenspeople from environment-related risks and impacts. At the same time, this transition affects women and menall 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. __________________ 31Commission Communication - The European Green Deal, COM(2019)0640 of 11 December 2019.
2022/02/24
Committee: ENVI
Amendment 43 #
Proposal for a regulation
Recital 3 a (new)
(3a) The United Nations Environment Programme and the OECD Global Forum on Environment have highlighted that environmental changes have gender- specific impact. Gender-differentiated roles also cause differentiated vulnerabilities of women and men to the effects of climate change, and climate change impacts exacerbate gender inequalities. The 8th Environmental Action Programme lays down gender mainstreaming throughout climate and environmental policies, including by incorporating a gender perspective at all stages of the policy making process, as a vital enabling condition for the achievement of the priority objectives of the programme, requiring efforts from the Commission, the Member States, local and regional authorities and stakeholders, as appropriate.
2022/02/24
Committee: ENVI
Amendment 47 #
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).
2022/02/24
Committee: ENVI
Amendment 54 #
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, the scope of Regulation (EU) 2018/842 will be 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).
2022/02/24
Committee: ENVI
Amendment 58 #
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 or its Member States and should be minimised. A letter1a sent on 18 February 2021 to President Biden, President von der Leyen, President Michel, Prime Minister Suga and President Moon, signed by more than 500 scientists, stressed that if the world supplied just an additional 2 % of its energy from wood, it would need to double its commercial wood harvests. In addition, the increased demand for vegetable oil-based fuels adds to the global pressure to clear more forests already created by rising food demand. The signatories stressed that sustainability standards cannot alter these results. Furthermore, recent science has shown that up to 97 % of scenarios that meet the goals of the Paris Agreement utilising bioenergy with carbon capture and storage (BECCS), exceed sustainability and precautionary thresholds in land use and biodiversity1b. 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 Directive (EU) 2018/2001 should be considered to have zero emissions under this Regulation. __________________ 1aScientist Letter to President Biden, President Von der Leyen, President Michel, Prime Minister Suga & President Moon Regarding Forest Bioenergy (February 11, 2021) 1bCreutzig, F., Erb, K.-H., Haberl, H., Hof, C., Hunsberger, C., & Roe, S. (2021). Considering sustainability thresholds for BECCS in IPCC and biodiversity assessments. GCB Bioenergy, 13(4), 510– 515.
2022/02/24
Committee: ENVI
Amendment 63 #
Proposal for a regulation
Recital 10
(10) In order to achieve the 1,5 °C target of reducing greenhouse gas emissions by 55%the Paris Agreement, while following the precautionary principle, the sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressiveswiftly until they reach- 40% at least -45 % reductions in 2030, compared to 2005 levels. Any new proposal under or related to Regulation (EU) 2018/842 should represent progression beyond current legislation and reflect the highest possible ambition.
2022/02/24
Committee: ENVI
Amendment 73 #
Proposal for a regulation
Recital 11 a (new)
(11a) The Commission, on the basis of the latest scientific knowledge and taking into account the advice of the European Scientific Advisory Board on Climate Change established by 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 (EU) 2021/1119. The Commission should propose the intermediate targets for the years 2045 and 2050 no later than 1 January 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 as laid down in Article 2(1) in Regulation (EU) 2021/1119.
2022/02/24
Committee: ENVI
Amendment 74 #
Proposal for a regulation
Recital 11 b (new)
(11b) In order to set a long-term vision, the Commission, supported by the European Scientific Advisory Board on Climate Change established by Article 3 of Regulation (EU) 2021/1119, should prepare an indicative roadmap of sectors pursuant to Article 2(1) of Regulation (EU) 2018/842 contribution to the Union’s climate-neutrality by 2050 at the latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation (EU) 2021/1119. The roadmaps should be prepared in a transparent manner with close engagement of stakeholders, such as individuals, civil society, social partners, academia, industry and policy makers. The roadmap is an essential tool for providing long-term insight and stability for the stakeholders and to identify common interest, possible inconsistence and conflicts in policy development. The roadmap should be updated every four years in order to consider latest scientific development, in close engagement with the stakeholders.
2022/02/24
Committee: ENVI
Amendment 75 #
Proposal for a regulation
Recital 11 c (new)
(11c) The Communication of 14 October 2020 on an EU strategy to reduce methane emissions1a pointed out that methane is a powerful greenhouse gas, second only to carbon dioxide in its overall contribution to climate change. On a molecular level, methane is more powerful than carbon dioxide. Although it remains for a shorter time in the atmosphere, it has a significant effect on the climate and contributes to tropospheric ozone formation, a potent local air pollutant which itself causes serious health problems. Reducing methane emissions therefore contributes to both slowing down climate change as well as improving air quality. Significant portions of methane emissions can be mitigated cost-effectively. In the Union, anthropogenic methane emissions are largely under Regulation (EU) 2018/842, as 53 % of them come from agriculture, 26 % from waste and 19 % from energy. __________________ 1a COM(2020)0663.
2022/02/24
Committee: ENVI
Amendment 76 #
Proposal for a regulation
Recital 11 d (new)
(11d) In September 2021, The European Union and the United States announced the Global Methane Pledge, to which more than 100 countries in total have since joined. The signatories of the pledge are aiming towards a collective goal of reducing global methane emissions by at least 30 % from 2020 levels by 2030 and enhancing reporting standards. According to the Global Methane Pledge, delivering its goal would reduce warming by at least 0,2° C by 2050.
2022/02/24
Committee: ENVI
Amendment 77 #
Proposal for a regulation
Recital 11 e (new)
(11e) In its resolution of 21 October 2021 on the EU strategy to reduce methane emissions1a, the European Parliament underlined that the binding emission reduction targets for Member States in Regulation (EU) 2018/842 are the key legislative tools to reduce methane emissions as part of overall greenhouse gas reductions and that national targets under the Regulation (EU) 2018/842 for methane emissions must be designed with full regard for the higher short-term climate impact of methane and the potential of reducing methane in the atmosphere to contribute to climate neutrality by 2050 at the latest. __________________ 1a P9_TA(2021)0436.
2022/02/24
Committee: ENVI
Amendment 78 #
Proposal for a regulation
Recital 11 f (new)
(11f) A binding sub-target for methane emissions should therefore be set for Member States under Regulation (EU) 2018/842. The reduction of methane emissions, equivalent of carbon dioxide, for each Member State should correspond to at least 40 % of the percentage set for that Member State in Annex I in relation to its greenhouse gas emissions in 2005, by 2030. However, more efforts to reduce methane emissions are needed also in other parts of Union legislation.
2022/02/24
Committee: ENVI
Amendment 79 #
Proposal for a regulation
Recital 11 g (new)
(11g) The Communication of 17 September 2020 on Stepping up Europe’s 2030 climate ambition4a stressed that reaching climate neutrality will require more efforts from all sectors of the Union. Particularly in the agricultural sector, greenhouse gas emission (GHG) reductions have been inadequate. Between 2005 and 2019, the EU’s agricultural GHG emissions changed very little, and this trend is expected to continue, with Member State projections indicating that there will be only a modest 2 % decline in agricultural GHG emissions by 2030, compared with 2005 levels. If additional measures currently planned by Member States are implemented, this would increase to a decline of 5 %. To incentivise more emission reduction efforts in the agricultural sector, a sub-target for the agricultural sector should be set corresponding to at least 40 % of the percentage set for that Member State in Annex I in relation to its greenhouse gas emissions in 2005, by 2030. __________________ 4a COM(2020)0562.
2022/02/24
Committee: ENVI
Amendment 81 #
Proposal for a regulation
Recital 12
(12) As a consequencIn order to address the urgency of climate change, it will be necessary to set, as from the year of adoption of this Regulation, new binding national limits, expressed in annual emission allocations, progressive swiftly leading to the 2030 target of each Member State, while keeping in force the annual limits established for the years preceding it as set in Commission Implementing Decision (EU) 2020/212636 ith stricter limitations to banking, borrowing and transfer to incentivise early action. __________________ 36Commission Implementing Decision (EU) 2020/2126 of 16 December 2020 on setting out the annual emission allocations of the Member States for the period from 2021 to 2030 pursuant to Regulation (EU) 2018/842 of the European Parliament and of the Council (OJ L 426, 17.12.2018, p. 58).
2022/02/24
Committee: ENVI
Amendment 87 #
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
2022/02/24
Committee: ENVI
Amendment 94 #
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
2022/02/24
Committee: ENVI
Amendment 104 #
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.
2022/02/24
Committee: ENVI
Amendment 112 #
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’ complianceshall 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 separaProgress in one sector cannot compensate for the lack of progress in other sectors. Moreover, removals of GHGs by natural carbon sinks are fragile and pote ntime 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 legally reversible, which leads to increased uncertainty in measuring emissions and removals in the land sector compared to sectors under Regulation (EU) 2018/842. The risk of reversal of removals by natural carbon sinks is further aggravated by climate change and other factors, such as environmental crime. Climate science also shows that the climate response to emissions and removals is asymmetrical resulting into the conclusion that one tonne of GHG emitted to the atmosphere cannot be compared to one tonne of GHG removed1a. Therefore the objective of enhancing removals 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. y natural carbon sinks should be pursued strictly separately from the objective of rapidly and drastically reducing GHG emissions from the sectors covered by this Regulation. __________________ 1a Zickfeld K., Azevedo D., Mathesius S. et al. Asymmetry in the climate–carbon cycle response to positive andnegative CO2 emissions. Nature Climate Change 11, 613–617 (2021).
2022/02/24
Committee: ENVI
Amendment 115 #
Proposal for a regulation
Recital 16 a (new)
(16 a) In order to ensure and incentivise compliance by Member States with respect to their minimum contributions for the period from 2021 to 2030 under this Regulation, corrective actions and penalties under this Regulation should be strengthened. Member States exceeding its annual emission allocations should provide a public explanation and put in place corrective measures. If a Member State exceeds its annual emission allocations during two successive years, the particular Member State should revise its integrated national energy and climate plan submitted to it in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council, while giving the public a possibility to participate in the process. Furthermore, in 2027 and 2032, if the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation, a financial penalty should be imposed on the Member State concerned for every tonne of CO2 equivalent in excess of its allocation. The amount of the penalty should be 250 EUR for each tonne of CO2 equivalent, reflecting the shadow cost of carbon as defined by the European Investment Bank. In order to ensure a fair and just transition, all revenues from the possible penalties should be placed in the Social Climate Fund.
2022/02/24
Committee: ENVI
Amendment 116 #
Proposal for a regulation
Recital 16 b (new)
(16b) Public scrutiny and access to justice are an essential part of the democratic values of the Union and a tool to safeguard the Rule of Law. Civil society plays an essential role as a watchdog in the Member States and provides important support measures to help deliver the goals of the European Green Deal. To protect their rights and to challenge breaches of implementation of the Regulation at the national level, access to justice should be guaranteed for people and non- governmental organisations. In order to ensure that this right can be exercised evenly throughout the Member States of the Union, this Regulation should have a specific provision covering access to justice.
2022/02/24
Committee: ENVI
Amendment 117 #
Proposal for a regulation
Recital 16 c (new)
(16c) In order to achieve the objectives under this Regulation and other Union legislation, particularly those under Regulation (EU) 2021/1119, the Union and its Member States should make use of the latest science while implementing policies. Therefore, the advice of the European Scientific Advisory Board on Climate Change, established by Article 3 of Regulation (EU) 2021/1119, should be considered throughout this Regulation. Furthermore, the Advisory Board is invited, on its own initiative, to provide scientific advice in relation to this Regulation to ensure that policies are aligned with the objectives of the Regulation (EU) 2021/1119 and the Paris Agreement.
2022/02/24
Committee: ENVI
Amendment 118 #
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
2022/02/24
Committee: ENVI
Amendment 126 #
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
2022/02/24
Committee: ENVI
Amendment 144 #
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%”;Article 1 is replaced by the following: 'Subject matter To contribute to achieving the objectives of the Paris Agreement, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations, and to ensure achieving the Union’s climate- neutrality target by 2050 at the latest, and to aim to achieve negative emissions thereafter as set out in Article 2(1) of Regulation (EU) 2021/1119, 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 at least 45 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation. This Regulation also lays down rules for setting a minimum reduction target for Member States for methane emissions and emissions from the agricultural sector as laid out in Article 4 of this Regulation. Finally, this Regulation lays down rules on determining annual emission allocations, 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.
2022/02/24
Committee: ENVI
Amendment 157 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2018/842
Article 2 – paragraph 2
(2a) In Article 2, – paragraph 2 is replaced by the following: "2. Without prejudice to Article 7 and Article 9(2) of this Regulation, this Regulation does not apply to greenhouse gas emissions and removals covered by Regulation (EU) 2018/841."
2022/02/24
Committee: ENVI
Amendment 159 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2018/842
Article 2 – paragraph 3
(2 b) Article 2 – paragraph 3 is replaced by the following: "3. For the purposes of this Regulation,: (a) CO2 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 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. The conferral of delegated powers in Articles 26 of Regulation (EU) 2018/1999 shall be extended to the adoption of any necessary adjustments to the greenhouse gas inventory guidelines pursuant to the point (b) and (c) of this paragraph.’
2022/02/24
Committee: ENVI
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 c (new)
Regulation (EU) 2018/842
Article 3 – point 3 a (new)
(2 c) In Article 3, the following point is added: '(3a) 'Biomass' as defined in Article 2, point (24), of Directive (EU) 2018/2001 of the European Parliament and of the Council.'
2022/02/24
Committee: ENVI
Amendment 164 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 d (new)
Regulation (EU) 2018/842
Article 3 – point 3 b (new)
(2 d) In Article 3, the following point is added: '(3b) ‘Bioliquid' as defined in Article 2, point (32), of Directive (EU) 2018/2001 of the European Parliament and of the Council.'
2022/02/24
Committee: ENVI
Amendment 167 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 e (new)
Regulation (EU) 2018/842
Article 3 – point 3 c (new)
(2 e) In Article 3, the following point is added: '(3c) 'Biofuel' as defined in Article 2, point (23), of Directive (EU) 2018/2001 of the European Parliament and of the Council.'
2022/02/24
Committee: ENVI
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 f (new)
Regulation (EU) 2018/842
Article 4 – title
(2 f) In Article 4, the title is replaced by the following: "Annual emission levels for the period from 2021 to 2030 and beyond "
2022/02/24
Committee: ENVI
Amendment 170 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 g (new)
Regulation (EU) 2018/842
Article 4 – paragraph 1a (new)
(2g) In Article 4, the following paragraph is added: '1a. Each Member State shall, in 2030, reduce its methane (CH4) emissions, equivalent of carbon dioxide (CO2), corresponding to at least 40 % of 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.'
2022/02/24
Committee: ENVI
Amendment 171 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 h (new)
Regulation (EU) 2018/842
Article 4 – paragraph 1b (new)
(2h) In Article 4, the following paragraph is added: '1b. Each Member State shall, in 2030, reduce its greenhouse gas emissions from agriculture, as determined pursuant to Regulation (EU) 2018/1999 of the European Parliament and the Council, corresponding to at least 40 % of 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.'
2022/02/24
Committee: ENVI
Amendment 176 #
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:
2022/02/24
Committee: ENVI
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point a
(a) do not exceed, in the years 2021 andto 202230, the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 20168, 20179 and 201820, as set out pursuant to paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in column 12 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;from 2020.
2022/02/24
Committee: ENVI
Amendment 181 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (b)
(b) do not exceed, in the years 2023, 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;deleted
2022/02/24
Committee: ENVI
Amendment 196 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (c)
(c) do not exceed, in the years 2026 to 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
2022/02/24
Committee: ENVI
Amendment 203 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 1
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 trajectoriesy set out in paragraph 2.
2022/02/24
Committee: ENVI
Amendment 204 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 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.deleted
2022/02/24
Committee: ENVI
Amendment 207 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 3
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.deleted
2022/02/24
Committee: ENVI
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4
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
2022/02/24
Committee: ENVI
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 a (new)
3. In Article 4, the following paragraph is added: ‘3a. Each Member State shall ensure that, in the year 2025, its greenhouse gas emissions do not exceed its annual emission allocation for that year as set out pursuant to paragraph 3 of this Article before making use of the flexibilities provided for in Article 5.’
2022/02/24
Committee: ENVI
Amendment 230 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2018/842
Article 4 – paragraph 4
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.(3a) in Article 4, paragraph 4 is deleted
2022/02/24
Committee: ENVI
Amendment 233 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EU) 2018/842
Article 4 – paragraph 5
(3 b) In Article 4, paragraph 5 is replaced by the following: "5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14. "
2022/02/24
Committee: ENVI
Amendment 235 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EU) 2018/842
Article 4 – paragraph 5 a (new)
(3c) In Article 4, the following paragraph is added: '5a. With a view to achieving the Union’s climate-neutrality objective by 2050 at the 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 (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 2035 and 2040. That proposal shall be published no later than 6 months after the adoption of the Union’s new climate target for 2040.'
2022/02/24
Committee: ENVI
Amendment 236 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 d (new)
Regulation (EU) 2018/842
Article 4 – paragraph 5 b (new)
(3d) In Article 4, following paragraph is added: ‘5b. 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 European Scientific Advisory Board on Climate Change 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.’
2022/02/24
Committee: ENVI
Amendment 237 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 e (new)
Regulation (EU) 2018/842
Article 4 – paragraph 5 c (new)
(3e) In Article 4, the following paragraph is added: ‘5c. In order to contribute to the Union’s climate-neutrality objective by 2050 at the 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 2051 onwards, 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.’
2022/02/24
Committee: ENVI
Amendment 238 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 f (new)
Regulation (EU) 2018/842
Article 4a (new)
(3f) The following Article is inserted: Article 4a Sectoral roadmaps 1. By 1 January 2025, the Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU)2021/1119, shall publish indicative roadmaps for the greenhouse gas source categories pursuant to Article 2(1) of this Regulation towards 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. The roadmap shall address the emission reductions of greenhouse gas source categories pursuant to Article 2(1) of this Regulation both at the level of the Union and individual Member States. 2. The Commission shall engage closely with stakeholders, including individuals, civil society, social partners, academia, policy makers and sectors and subsectors affected by this Regulation, while preparing the roadmap set out in paragraph 1. 3. Every four years after the publication of the roadmap set out in paragraph 1, the Commission shall update the roadmap in accordance to the latest scientific knowledge, while engaging closely with stakeholders as referred in paragraph 2. 4. All data used to produce the sectoral roadmaps set out in paragraph 1, and for their updates pursuant to paragraph 3, shall be made available to the public, in an easily accessible form.
2022/02/24
Committee: ENVI
Amendment 245 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 h (new)
Regulation (EU) 2018/842
Article 5 – paragraph 1
(3h) In Article 5, paragraph 1 is replaced by the following: "1. In respect of the years 2021 to 20259, a Member State may borrow a quantity of up to 105 % from its annual emission allocation for the following year. "
2022/02/24
Committee: ENVI
Amendment 246 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 i (new)
Regulation (EU) 2018/842
Article 5 – paragraph 2
2. In respect of the years 2026 to 2029, a Member State may borrow a quantity of up to 5 % from(3i) In Article 5, paragraph 2 its annual emission allocation for the following year.deleted
2022/02/24
Committee: ENVI
Amendment 249 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 j (new)
Regulation (EU) 2018/842
Article 5 – paragraph 3
(3j) In Article 5, paragraph 3 is replaced by the following: "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 years 2021 to 2023, bank that excess part of its annual emission allocation up to a level of 5 % of its annual emission allocations up to 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, without carrying over that excess part of annual emissions allocations between the periods 2021 - 2025 and 2026 - 2030. "
2022/02/24
Committee: ENVI
Amendment 254 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 l (new)
Regulation (EU) 2018/842
Article 5 – paragraph 4
(3l) In Article 5, paragraph 4 is replaced by the following: "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 20253, and up to 10 % in respect of the years 20264 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."
2022/02/24
Committee: ENVI
Amendment 257 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 m (new)
Regulation (EU) 2018/842
Article 5 – paragraph 5
(3m) In Article 5, paragraph 5 is replaced by the following: "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.. "
2022/02/24
Committee: ENVI
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 n (new)
Regulation (EU) 2018/842
Article 5 – paragraph 6
(3n) In Article 5, paragraph 6 is replaced by the following: "6. Member States mayshall 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 in accordance to the criteria laid down in Article 10(3) Directive 2003/87/EC. Member States shall inform the Commission of any actions taken pursuant to this paragraph. and shall make public such information, in an easily accessible form. Any record of transfer of annual emission allocations pursuant to paragraphs 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. "
2022/02/24
Committee: ENVI
Amendment 270 #
Proposal for a regulation
Article 1 – paragraph 1 – point -4 a (new)
(-4a) Article 6 is deleted.
2022/02/24
Committee: ENVI
Amendment 273 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/842
Article 6 – paragraph 3a
(4) in Article 6 the following paragraph 3a is inserted: ‘ 3a. by 31 December 2023 if it intends to make use of the limited cancellation of EU ETS allowances referred to in paragraph 1, up to the percentage listed in Annex II for each of the years 2025 to 2030 for its compliance under Article 9. ’deleted Malta shall notify the Commission
2022/02/24
Committee: ENVI
Amendment 280 #
Proposal for a regulation
Article 1 – paragraph 1 – point -5 a (new)
Regulation (EU) 2018/842
Article 7
(-5a) Article 7 is deleted.
2022/02/24
Committee: ENVI
Amendment 282 #
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 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 the title is replaced by the paragraph 1 is amended as the introductory sentence is paragraph 2 is deleted.
2022/02/24
Committee: ENVI
Amendment 297 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) 2018/842
Article 8 – paragraph 1
(5b) In Article 8, paragraph 1 is replaced by the following: "1. If the Commission finds, in its annual assessment under Article 21 of Regulation (EU) No 525/2013 and taking into account the intended use of the flexibilities referred to in Articles 5, 6 and 7 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) 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; (bn 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; (c) a statement of the additional emissions reductions the Member State estimates will be achieved by these policies and measures and an explanation of how the corrective plan will strengthen the Member State’s national energy and climate plan adopted under Regulation (EU) 2018/1999. In addition, the way in which Member States evaluate their emissions from each sector that then result in a final quantity of emissions; (d) a strict timetable for implementing such actions, which enables the assessment of annual progress in implementation. The corrective action plan shall be made public, in an easily accessible form. "
2022/02/24
Committee: ENVI
Amendment 302 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)
Regulation (EU) 2018/842
Article 8 – paragraph 1 a (new)
(5b) In Article 8, the following paragraph is added: “1a. If the Commission finds, in its annual assessment under Article 21 of Regulation (EU) No 525/2013 and taking into account the intended use of the flexibilities referred to in Article 5 of this Regulation, that a Member State exceeds its annual emission allocation for two successive years, the Member State shall, within six months, revise its integrated national energy and climate plan submitted to it in accordance with Regulation (EU) 2018/1999 of the European Parliament and of the Council. The public shall be given the right to early and effective participation in the preparation of the corrective plan.”
2022/02/24
Committee: ENVI
Amendment 303 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2018/842
Article 8 – paragraph 2
2. I(5c) In Article 8, paragraph 2 is replaced by the following: "2. The European Environment Agency, in accordance with its annual work programme, and the European Environment Agency shall assist the Commission in its work to assess any such corrective action plansScientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall assist the Commission in its work to assess any such corrective action plans and revised integrated national energy and climate plans pursuant to paragraphs 1 and 1a of this Article. "
2022/02/24
Committee: ENVI
Amendment 308 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3
3. The Commission may(5c) In Article 8, paragraph 3 is replaced by the following "3. The Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall issue an opinion regarding the robustness of the corrective action plans and revised integrated national energy and climate plans submitted in accordance with paragraph 1 and shall in that case1a and shall do so within four months of receipt of those plans. The opinion shall be made available to the public, in an easily accessible form. The Member State concerned shall take utmost account of the Commission’s opinion and may revise its corrective action plan accordingly. If the Member State concerned does not address are commendation or a substantial part thereof, that Member State shall provide a justification to the Commission, and make the justification available in public, in an easily accessible form. "
2022/02/24
Committee: ENVI
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3 a (new)
(5d) In Article 8, the following paragraph is added: ‘3a. When updating their national energy and climate plan (NECP) under Article 14 of Regulation (EU) 2018/1999, Member States shall make references to their possible corrective plans pursuant to paragraphs 1 and 1a, and any opinions issued by the Commission under this Article.’
2022/02/24
Committee: ENVI
Amendment 316 #
Proposal for a regulation
Article 1 – paragraph 1 – point -6 a (new)
Regulation (EU) 2018/842
Article 9 – title
Compliance check(-6a) In Article 9, the title is replaced by the following: "Compliance check and penalties for non- compliance"
2022/02/24
Committee: ENVI
Amendment 319 #
Proposal for a regulation
Article 1 – paragraph 1 – point -6 b (new)
Regulation (EU) 2018/842
Article 9 – paragraph 1
(-6b) In Article 9, paragraph 1 is replaced by the following: "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 7, 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 todeleted (a) the Member State shall be temporarily prohibited from transferring any part of its annual emission allocation to another Member State until it is in compliance with Article 12; and4. (ba) the Member State shall be temporarily prohibited from transferring any part of its annual emission allocation to anoaking into account paragraph 2 of this Article, a financial penalty of 250 EUR shall be imposed on ther Member State until it is in compliance with Article 4concerned for every tonne of CO2 equivalent in excess of its allocation. The Central Administrator shall implement the prohibition referred to in point (b) of the first subparagraph in the Union Registry. The revenues from penalties referred to in point (ba) shall be assigned to the fund established by Regulation (EU) 20…/nn [Social Climate Fund Regulation]. "
2022/02/24
Committee: ENVI
Amendment 331 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)
(6b) The following article is inserted: ‘Article 9a Access to Justice 1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned who meet the conditions set out in paragraph 2, including individuals and non-governmental organisations, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts and omissions: (a) that fail to comply with legal obligations arising under Article 4 of this Regulation; or (b) that are subject to Article 10 of Regulation (EU) 2018/1999. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations arising under Articles 4 or 8 includes an act or omission with respect to a policy or measure adopted for the purposes of implementing those obligations, where that policy or measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned meet the conditions referred to in paragraph 1 when: (a) they have sufficient interest; or (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition. What constitutes a sufficient interest shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice and in conformity with the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph. 3. Paragraphs 1 and 2 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.’
2022/02/24
Committee: ENVI
Amendment 334 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 c (new)
Regulation (EU) 2018/842
Article 10
(6c) Article 10 is deleted.
2022/02/24
Committee: ENVI
Amendment 337 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 d (new)
Regulation (EU) 2018/842
Article 11
(6d) Article 11 is deleted.
2022/02/24
Committee: ENVI
Amendment 344 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/842
Article 11a
Article 11adeleted
2022/02/24
Committee: ENVI
Amendment 345 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/842
Article 11a – paragraph 1
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.deleted
2022/02/24
Committee: ENVI
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/842
Article 11a – paragraph 2
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.deleted
2022/02/24
Committee: ENVI
Amendment 349 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/842
Article 11a – paragraph 3
3. The additional reserve shall 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.deleted any flexibilities used under
2022/02/24
Committee: ENVI
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/842
Article 11a – paragraph 4
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 other Member States under Article 5.deleted the Member State has exhausted the Member State has made no net
2022/02/24
Committee: ENVI
Amendment 353 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/842
Article 11a – paragraph 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
2022/02/24
Committee: ENVI
Amendment 358 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)
Regulation (EU) 2018/842
Article 12 – paragraph 1
(7b) In Article 12, paragraph 1 is replaced by the following: "1. The Commission shall adopt delegated acts in accordance with Article 13 to supplement this Regulation in order to ensure the accurate accounting under this Regulation through the Union Registry in respect of: (a) annual emission allocations; (b) flexibilities exercised under Articles 5, 6; and 7; (c) compliance checks under Article 9; (d)adjustments under Article 10; and (e)the safety reserve under Article 11."
2022/02/24
Committee: ENVI
Amendment 359 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 c (new)
Regulation (EU) 2018/842
Article 13 – paragraph 2
(7c) In Article 13, paragraph 2 is replaced by the following: "2. The power to adopt delegated acts referred to in Articles 7(2) and 12(1) shall be conferred on the Commission for a period of five years from 9 July 2018. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period."
2022/02/24
Committee: ENVI
Amendment 360 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 c (new)
Regulation (EU) 2018/842
Article 13 – paragraph 3
(7c) In Article 13, paragraph 3 is replaced by the following: "3. The delegation of powers referred to in Articles 7(2) and 12(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force."
2022/02/24
Committee: ENVI
Amendment 361 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 c (new)
Regulation (EU) 2018/842
Article 13 – paragraph 6
(7c) In Article 13, paragraph 6 is replaced by the following: "6. A delegated act adopted pursuant to Articles 7(2) and 12(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council."
2022/02/24
Committee: ENVI
Amendment 366 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 e (new)
Regulation (EU) 2018/842
Article 15 – paragraph 1
(7e) In Article 15, paragraph 1 is replaced by the following: "1. This Regulation shall be kept under review taking into account, inter alia, evolving national circumstances, the manner in which all sectors of the economy contribute to the reduction of greenhouse gas emissions, international developments and efforts undertaken to achieve the long- term objectives of the Paris Agreement. and the Union’s climate objectives pursuant Articles 2(1) and 4(3)of Regulation (EU) 2021/1119. The reviews shall also assess gender-specific, social inclusion and inequality impacts of policy options."
2022/02/24
Committee: ENVI
Amendment 367 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 e (new)
Regulation (EU) 2018/842
Article 15 – paragraph 2
(7e) In Article 15, paragraph 2 is replaced by the following: "2. The Commission shall submit a report to the European Parliament and to the Council, within six months of each global stocktake agreed under Article 14 of the Paris Agreement, on the operation of this Regulation, including the balance between supply and demand for annual emission allocations, as well as on the contribution of this Regulation to the Union’s overall 2030 greenhouse gas emission reduction target, the Union’s climate objectives pursuant Articles 2 (1) and 4 (3) of Regulation (EU) 2021/1119 and its contribution to the goals of the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of the necessary greenhouse gas emission reductions by the Union and its Member States, including a post-2030 framework, and may make proposals if appropriaten assessment of gender-specific, social inclusion and inequality impacts of policy options. Those reports shall take into account the strategies prepared pursuant to Article 4 of Regulation (EU) No 525/2013 with a view to contributing to the formulation of a long-term Union strategy."
2022/02/24
Committee: ENVI
Amendment 369 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 f (new)
Regulation (EU) 2018/842
Article 15 – paragraph 2 a (new)
(7f) In Article 15, the following paragraph is added: ‘2a. The European Scientific Advisory Board on Climate Change established in Article 3 Regulation (EU) 2021/1119, shall give an independent assessment of each report submitted by the Commission pursuant to paragraph 2 of this Article. In its report, the Advisory Board shall assess the contribution of this Regulation to the Union’s overall 2030 greenhouse gas emission reduction target, the Union’s climate objectives pursuant Articles 2(1) and 4(3) of Regulation (EU) 2021/1119 and the Union’s and its Members States’ contribution to the objectives of the Paris Agreement. The assessment shall be made public, in an easily accessible form.’
2022/02/24
Committee: ENVI
Amendment 370 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 f (new)
Regulation (EU) 2018/842
Article 15 – paragraph 2 b (new)
(7f) In Article 15, the following paragraph is added: ‘2b. By 1 September 2023, the Commission, supported the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall assess the need to amend Regulation (EU) 2018/1999 of the European Parliament and of the Council, for the purpose of strengthening the achievement of the objectives of this Regulation and Regulation (EU) 2021/1119. The report may be accompanied by a proposal to amend Regulation (EU) 2018/1999. The European Parliament, the Council and the Commission shall exchange views during the year of publish of the analysis and shall identify additional legislative and non-legislative measures and actions.’
2022/02/24
Committee: ENVI
Amendment 375 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7 g (new)
Regulation (EU) 2018/842
Article 15a (new)
(7g) The following article is inserted: ‘Article 15a Scientific advice regarding CARE sectors The European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall be invited, on its own initiative, to provide scientific advice and issue reports on the CARE trajectory, annual emissions levels and flexibilities, and their consistency with the climates objectives of Regulation (EU) 2021/1119 and the Paris Agreement, in particular with the views of informing any subsequent revision of the CARE regulation. All advice presented by the Advisory Board pursuant to this Article shall be made public, in an easily accessible form. The Commission shall take due account of the Advisory Board’s advice or publicly justify the reasons for disregarding it.’
2022/02/24
Committee: ENVI
Amendment 379 #
Proposal for a regulation
Article 1 – paragraph 1 – point -9 a (new)
(-9a) Annex II is deleted.
2022/02/24
Committee: ENVI
Amendment 381 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/842
Annex II – row 5
(9) In Annex II the entry for Malta is replaced by the following: [...]deleted
2022/02/24
Committee: ENVI
Amendment 384 #
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
Amendment 387 #
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
Amendment 396 #
Proposal for a regulation
Annex
Regulation (EU) 2018/842
Annex I
ANNEX MEMBER STATE GREENHOUSE GAS EMISSION REDUCTIONS PURSUANT TO ARTICLE 4(1) Member State greenhouse gas emission reductions in 2030 in relation to their 2005 levels determined in accordance with Article 4(3) Column 1 Column 2 Belgium -35 % -47-52,9% Bulgaria -0 % -10% 1,3% Czech Republic -14 % -269,3% Denmark -39 % -50% 6,3% Germany -38 % -506,3% Estonia -13 % -24% 7% Ireland -30 % -427,3% Greece -16 % -22.7% 5,5% Spain -26 % -37.7% 42,4% France -37 % -47.5% 53,4% Croatia -7 % -16.78,8% Italy -33 % -43.7% 9,2% Cyprus -24 % -32% 6% Latvia -6 % -17% 9,1% Lithuania -9 % -21% 3,6% Luxembourg -40 % -506,3% Hungary -7 % -18.7% Malta -21% Malta -19 % -19% -21,4% Netherlands -36 % -48% 54% Austria -36 % -48% 54% Poland -7 % -17.7% 9,9% Portugal -17 % -28.732,3% Romania -2 % -12.7% 4,3% Slovenia -15 % -27-30,4% Slovakia -12 % -22.7% 5,5% Finland -39 % -50% 6,3% Sweden -40 % -506,3%
2022/02/24
Committee: ENVI