BETA

Activities of Silvia MODIG related to 2021/0207(COD)

Plenary speeches (1)

Revision of the EU Emissions Trading System - Monitoring, reporting and verification of greenhouse gas emissions from maritime transport - Carbon border adjustment mechanism - Social Climate Fund - Revision of the EU Emissions Trading System for aviation (debate)
2023/04/17
Dossiers: 2021/0207(COD)

Shadow reports (1)

REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC as regards aviation’s contribution to the Union’s economy-wide emission reduction target and appropriately implementing a global market-based measure
2022/05/20
Committee: ENVI
Dossiers: 2021/0207(COD)
Documents: PDF(375 KB) DOC(165 KB)
Authors: [{'name': 'Sunčana GLAVAK', 'mepid': 202036}]

Amendments (52)

Amendment 30 #
Proposal for a directive
Recital 1 a (new)
(1a) The Union’s climate and environmental policy should be implemented in line with the principle of a fair and just transition that leaves no one behind. In addition, pursuant to Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment is to aim at a high level of protection taking into account the diversity of situations in the various regions of the Union, and is to be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source and that the polluter should pay.
2022/02/18
Committee: ENVI
Amendment 35 #
Proposal for a directive
Recital 2
(2) 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”)12. The parties to the Paris Agreement 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 equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviationaviation. However, current measures to reduce emissions of the sector have been inadequate and lacked environmental integrity. __________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
2022/02/18
Committee: ENVI
Amendment 36 #
Proposal for a directive
Recital 2 a (new)
(2a) Before the COVID-19 pandemic, Eurocontrol had projected an annual increase in European aviation emissions by 53% by 2040 compared to 2017. Before the COVID-19 crisis, ICAO had estimated that, by 2040, international aviation emissions could rise by up to 150% compared to 2020. The Communication of 11 December 2019 on The European Green Deal1a clearly states that a 90% reduction by 2050 relative to 1990 levels for transport emissions is needed to achieve climate neutrality, recognising that aviation will need to contribute to this goal. Furthermore, in the public consultation on updated rules for aviation EU ETS, 91% of respondents agree that aviation should contribute more to climate actions. __________________ 1a COM(2019) 640 final
2022/02/18
Committee: ENVI
Amendment 38 #
Proposal for a directive
Recital 2 b (new)
(2b) 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 is failed to delimit 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 averaging 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.
2022/02/18
Committee: ENVI
Amendment 40 #
Proposal for a directive
Recital 2 c (new)
(2c) In its resolution of 28 November 2019 on the climate and environment emergency2a, 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. __________________ 2a P9_TA(2019)0078
2022/02/18
Committee: ENVI
Amendment 42 #
Proposal for a directive
Recital 2 d (new)
(2d) 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 Office for Disaster Risk Reduction, the number of disasters recorded and the scale of economic losses have nearly doubled in the last 20 years, much of which 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.
2022/02/18
Committee: ENVI
Amendment 43 #
Proposal for a directive
Recital 2 e (new)
(2e) By adopting the Glasgow Climate Pact in the United Nations Climate Change Conference (COP26) in November 2021, its Parties recognised that limiting the increase in the global average temperature to 1,5 °C above pre- industrial levels would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 to close the ambition gap.
2022/02/18
Committee: ENVI
Amendment 44 #
Proposal for a directive
Recital 2 f (new)
(2f) 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(2) of the Paris Agreement.
2022/02/18
Committee: ENVI
Amendment 47 #
Proposal for a directive
Recital 3 a (new)
(3a) In its resolution of 21 October 2021 on the 2021 UN Climate Change Conference in Glasgow, UK (COP26)3a, the European Parliament highlighted the fact that the transport sector is the only sector in which emissions at EU level have risen since 1990 and that this is not compatible with a long-term climate neutrality objective, which requires bigger and faster reductions in emissions from all sectors of society, including the aviation. The European Parliament also expressed concerns of the slow progress achieved in the ICAO in addressing emissions from international aviation and called on the Commission and the Member States to do their utmost to strengthen CORSIA and to support the adoption by the ICAO of a long-term goal to reduce in-sector emissions. In addition, the European Parliament stated that measures should be implemented at international, regional and national level, to reduce emissions from the sector, including non-CO2 impacts from aviation. The European Parliament also reiterated that in this context the need to regulate the sector under the EU emissions trading system (EU ETS), which could also serve as a role model for the parallel work, supporting the higher global ambition at international level, including in the ICAO. Furthermore, the European Parliament called on the Commission and the Member States to do their utmost to strengthen CORSIA and to support the adoption by the ICAO of a long-term goal to reduce in-sector emissions while safeguarding the Union’s legislative autonomy in implementing the EU ETS Directive. __________________ 3a P9_TA(2021)0437
2022/02/18
Committee: ENVI
Amendment 49 #
Proposal for a directive
Recital 3 b (new)
(3b) A report, commissioned by the European Commission, of September 2020 entitled ‘Assessment of ICAO's global market-based measure (CORSIA) pursuant to Article 28b and for studying cost pass-through pursuant to Article 3d of the EU ETS Directive’ by ICF Consulting, Air Transportation Analytics, New Climate Institute, Cambridge Econometrics, HFW and Sven Starckx highlighted the severe shortcomings of ICAO’s CORSIA scheme. The report stated that there are a number of features of CORSIA, which imply its level of ambition for the international aviation sector is misaligned with, and weaker than the global level of ambition required to keep within the temperature goals of the Paris Agreement. In addition, the report stated that leaving all international aviation outside the scope of the EU ETS would risk undermining these objectives and weakening current EU climate policies. The report also found that there is a risk the CORSIA scheme may only provide a limited climate benefit compared to the case in which international aviation emissions remain unregulated. Out of all considered policy options in the report, CORSIA foresaw the largest growth to emissions and weakest macroeconomic outcomes, whereas full scope of EU ETS was seen to deliver the biggest climate benefits with relatively low cost impact, while providing positive effects on employment and economy under the parameters used in the study. Furthermore, the report pointed to questionable criteria, low price and oversupply of offsetting credits, lack of participation of high emitting countries and problems in transparency and enforceability. A large body of other reports, academic studies and expert have drawn similar conclusions of the lack effectiveness and integrity of ICAO’s CORSIA scheme.
2022/02/18
Committee: ENVI
Amendment 50 #
Proposal for a directive
Recital 4
(4) In line with Council Decision (EU) 2018/202714 , Member States notified the ICAO Secretariat of differences between CORSIA and the EU ETS. The objective was to preserve the Union acquis and future policy space, as well as the Union level of climate ambition and the exclusive roles of the European Parliament and Council in deciding the contents of Union legislation. Following the adoption of this amendment to Directive 2003/87/EC, the notification of differences between CORSIA and the EU ETS to the ICAO Secretariat should be updated to reflect the revisions made to Union law. However, the implementation of CORSIA or other relevant international agreements must not undermine the Union’s competence to regulate its share of emissions from aviation in line with the obligations of the Paris Agreement, especially by applying the EU ETS to air travel. __________________ 14 Council Decision (EU) 2018/2027 of 29 November 2018 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization in respect of the First Edition of the International Standards and Recommended Practices on Environmental Protection — Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (OJ L 325, 20.12.2018, p. 25).
2022/02/18
Committee: ENVI
Amendment 51 #
Proposal for a directive
Recital 5
(5) Tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement are at the core ofddressed in the Communication on “The European Green Deal”, adopted by the Commission on 11 December 201915 . __________________ 15 COM(2019)640 final.
2022/02/18
Committee: ENVI
Amendment 53 #
Proposal for a directive
Recital 7
(7) 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 in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030. __________________ 17Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).
2022/02/18
Committee: ENVI
Amendment 60 #
Proposal for a directive
Recital 8
(8) This amendment to Directive 2003/87/EC aims at the implementation for aviation of the Union’s contributions under the Paris Agreement, and of the regulatory framework to achieve the binding Union 2030 climate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 set out in Regulation (EU) 2021/ …climate objectives laid out in in Regulation (EU) 2021/1119 of the European Parliament and of the Council and the Paris Agreement.
2022/02/18
Committee: ENVI
Amendment 63 #
Proposal for a directive
Recital 9
(9) Aviation should contribute to the emission reduction efforts necessary for the Union’s 2030 climate targeobjectives laid out in Regulation (EU) 2021/1119 of the European Parliament and of the Council and the Paris Agreement. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.
2022/02/18
Committee: ENVI
Amendment 67 #
Proposal for a directive
Recital 9 a (new)
(9a) In order to ensure the objectives and integrity of the Union’s climate policies and to promote adequate progress in ICAO and other relevant international arenas dealing with aviation’s climate impacts, EU ETS should be applied to all flights departing from or arriving at an aerodrome located in the EEA. To avoid double pricing of emissions of flights and to take due account of CORSIA offsetting obligations, aircraft operators shall be reimbursed for the financial value of expenditure on credits used for CORSIA by them for extra-European routes by applying a methodology and mechanism determined by the Commission.
2022/02/18
Committee: ENVI
Amendment 68 #
Proposal for a directive
Recital 9 b (new)
(9b) In its report of 24 November 2020 entitled ‘Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to the EU Emissions Trading System Directive Article 30(4)’ the European Union Aviation Safety Agency (EASA) fully confirmed previous estimates that the significance of combined non-CO2 climate impacts from aviation activities are at least as important as those of CO2 alone. In order to regulate the whole climate impact of the aviation sector, the allowance permits an aircraft operator to emit shall be divided by an impact factor of 2.
2022/02/18
Committee: ENVI
Amendment 69 #
Proposal for a directive
Recital 9 c (new)
(9c) Until 2018, over half of the global greenhouse gas emissions and other radiative forcing of the aviation sector were caused by the air travel demand of one percent of world’s population. Before the COVID-19 crisis in 2018, mere 11 % of the world’s population used air transport, of which international flights constituted for less than 4 %. The number of flights per year grew in relation to income between and within countries. In industrial countries, less than half of the population use air travel annually. The largest emitters from aviation sectors are individuals using private aircrafts causing up to 7 500 tonnes of carbon dioxide every year, excluding non-CO2 warming effects1a. Still, most private jets have fell below the threshold of maximum certified take-off mass greater than 5 700 kg laid out in this Directive, giving these individuals an exemption of carbon pricing under aviation activities. In order to enhance mitigation efforts and social justification of climate policies, the take- off mass requirements should be repealed and the Commission should provide a further assessment on the measures that should be implemented to reduce the climate impact of high emitting individuals. __________________ 1aGössling, S. & Humpe A. The global scale, distribution and growth of aviation: Implications for climate change. Global Environmental Change, Volume 65, 2020.
2022/02/18
Committee: ENVI
Amendment 70 #
Proposal for a directive
Recital 9 d (new)
(9d) Due to the urgency of climate change, no sector of the society cannot be exempt from emission reduction efforts. Currently, global military aviation fleet outweighs the civilian fleet in numbers, but due to lack of data transparency, the emissions of military aviation are hard to estimate accurately. In order for the military sector to adequately contribute to climate change mitigation efforts, the exemption of military flights should be repealed.
2022/02/18
Committee: ENVI
Amendment 71 #
Proposal for a directive
Recital 9 e (new)
(9e) In its report of 15 June 2020 entitled ‘The EIB Climate Survey 2019- 2020’, the European Investment Bank found that 62% of European citizens supported a ban on short-haul flights.
2022/02/18
Committee: ENVI
Amendment 72 #
Proposal for a directive
Recital 9 f (new)
(9f) Trains provide a sustainable alternative to air travel and the two modes of transportation often compete of the same customers, especially on short distances. However, train rides are often costlier than air travel. To incentivise low- carbon alternatives to air travel on routes where train journeys of two and a half hours or less exist as an alternative, aircraft operators should surrender three times the number of allowances that is equal to their total emissions.
2022/02/18
Committee: ENVI
Amendment 73 #
Proposal for a directive
Recital 9 g (new)
(9g) Similar to events of closure of electricity generation capacity in their territory due to additional national measures, Member States should be allowed to cancel EU ETS allowances as a result of national measures that reduce the supply or demand of air travel under the EU ETS.
2022/02/18
Committee: ENVI
Amendment 76 #
Proposal for a directive
Recital 10
(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes in the Union, especially through the Aviation Fund, and allocated to UNFCCC Climate Funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities.
2022/02/18
Committee: ENVI
Amendment 79 #
Proposal for a directive
Recital 10 a (new)
(10a) The successful transition to zero emission aviation requires an integrated approach and the appropriate enabling environment to stimulate innovation. That enabling environment involves public and private investment in research and innovation, technological and operational measures to improve the energy efficiency of aviation. An Aviation Fund should be established from revenues generated from the auctioning of allowances in respect of aviation activities under the EU ETS to hasten the deployment of e-kerosene, especially such that uses the atmosphere as a feedstock for CO2 in production, increased operational efficiency of aviation activities and just transition in the aviation sector. Furthermore, all activities under the Aviation Fund should be aligned with the conditions laid out in Articles 17 and 18 of the Regulation (EU) 2020/852 of the European Parliament and of the Council and the European Pillar of Social Rights, while promoting responsible corporate operations, diffusion of innovation and rule of law in the Union and its Member States.
2022/02/18
Committee: ENVI
Amendment 88 #
Proposal for a directive
Recital 11
(11) In accordance with Article 28b(3) of Directive 2003/87/EC, the Union is to assess the ICAO’s CORSIA scheme and implement it as appropriate, and in a manner that is consistent with the Union’s economy-wide emission reduction commitment for 2030under Regulation (EU) 2021/1119 of the European Parliament and of the Council and the Paris Agreement. If sufficient progress is made in ICAO’s CORSIA scheme by 2027, the Commission may choose to propose to the European Parliament and to the Council to amend, delete, extend or replace the derogations established in Article 3da of this Directive.
2022/02/18
Committee: ENVI
Amendment 95 #
Proposal for a directive
Recital 12
(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or, in the United Kingdom or in a third country. The allocation for the year 2024 should be based on the total allocation to active aircraft operators in year 2023, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 2023 but are covered by the EU ETS from year 2024 onwards.
2022/02/18
Committee: ENVI
Amendment 105 #
Proposal for a directive
Recital 13
(13) IncreasedFull auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.
2022/02/18
Committee: ENVI
Amendment 112 #
Proposal for a directive
Recital 15
(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been considered acceptable by the ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions above. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 . Furthermore, in order to ensure public scrutiny, aircraft operators should report transparently of their emissions and offsetting under Article 14 of this Directive. __________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2022/02/18
Committee: ENVI
Amendment 156 #
Proposal for a directive
Recital 26
(26) A comprehensive approach to innovation is important to achieving the European Green Deal objectives and for the competitiveness of the European industry. This is of particular importance for hard to decarbonise sectors such as aviation and shipping where a combination of operational improvements, alternative climate-neutral fuels and technological solutions need to be deployed. Therefore, Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral. At EU level, the necessary R&I efforts, are supported among others, throughin addition to the Aviation Fund, through for example the Horizon Europe Framework Programme, which includes significant funding and new instruments for the sectors coming under the ETS.
2022/02/18
Committee: ENVI
Amendment 166 #
Proposal for a directive
Recital 27 a (new)
(27a) Multilateral cooperation is essential to tackle climate change, especially in sectors like aviation. The Union and its Member States must pursue to promote policy measures within the Union and globally that have the highest environmental integrity and aligned the contribution of the aviation sector’s emission reductions adequately to the goals of the Paris Agreement, while reflecting equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. Furthermore, the implementation of CORSIA must not undermine the Union’s sovereignty to regulate its share of emissions from aviation in line with the obligations of the Paris Agreement, especially by applying the EU ETS. The aspirational long-term emissions reduction goal of the aviation sector should be reducing emissions to zero by 2050.
2022/02/18
Committee: ENVI
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive 2003/87/EC
Article 3c – paragraph 3 a a (new)
(aa) the following paragraph is inserted: 3aa. The Commission shall review the total quantity of allowances to be allocated to aircraft operators in accordance with Article 30(4a).
2022/02/18
Committee: ENVI
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 d – paragraph 1
1. In 2024, 25% of the quantity ofAs from [the year following the entry into force of this Directive], all allowances in respect of which free allocation would have taken place as publishedin that year, calculated from the publication in accordance with Article 3c shall be auctioned.’,
2022/02/16
Committee: ENVI
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 d – paragraphs 1 a to 1 d
(b) the following paragraph 1a, 1b, 1c and 1d are added: 1a. allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1b. allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1c. quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’, 1.d. for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 2023. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 2023.’,deleted In 2025, 50% of the quantity of In 2026, 75% of the quantity of As from 1 January 2027, all of the Allowances which are allocated
2022/02/16
Committee: ENVI
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 d – paragraph 3
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1, 1a, 1b, 1c and 1d of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union.’,
2022/02/16
Committee: ENVI
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Directive 2003/87/EC
Article 3 d – paragraph 4
4. Member States shall determine the use of revenues generated from the auctioning of allowances covered by this Chapter, exceptWithout prejudice for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union., Member States shall use 25% of the revenues generated from the auctioning of allowances covered by this Article in accordance with Article 10(3).; The remaining 75 % of the revenues generated from the auctioning of allowances covered by this Article shall be allocated to the Aviation Fund pursuant to Article 3db.
2022/02/16
Committee: ENVI
Amendment 234 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 2003/87/EC
Article 3 d a (new)
(2a) The following article is added: ‘Article 3da Maintaining aviation’s contribution to economy wide emissions reductions 1. In order to maintain economy wide emissions reductions consistent with the Union’s and its Member States Nationally Determined Contribution for 2030, and by way of derogation to Article 25a, from 1st April 2025, aircraft operators shall surrender allowances for emissions on all flights departing from or arriving at an aerodrome located in the EEA, in the previous calendar year. 2. The total quantity of allowances to be allocated shall be increased to cover two thirds of verified emissions from additional departing and incoming flights in 2023, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor as detailed in Articles 9 and 28a shall continue to apply. 3. To ensure emissions are not priced twice for flights and to take due account of CORSIA offsetting obligations above a baseline set at 2019 level for the years 2021-2023 and set at the average of 2019- 2020 level for the years 2024-2035, aircraft operators shall be reimbursed for the financial value of expenditure on credits used for CORSIA by them for extra-European routes. The Commission shall determine the methodology and mechanism to proceed to this reimbursement, which could require to convert the financial value of CORSIA credits into EU ETS allowances. The Commission shall consider the average price of EU ETS allowances as the average price of the last year in which auctions on the common auction platform took place. 4. The revenues generated from the auctioning of allowances covered by this Article, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union, shall be allocated the following: (a) 75% of the revenues generated shall be used to contribute to UNFCCC Climate Funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; and (b) 25% of the revenues shall be allocated to the Aviation Fund as laid out in Article 3db. 5. The Commission shall engage with third countries with the aim of establishing bilateral agreements on measures to reduce greenhouse gas emissions from all flights departing from an aerodrome located in the EEA to a third country or arriving at an aerodrome located in the EEA from a third country. In the event of reaching a bilateral agreement with a third country, the Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by introducing proportionate reduction of the scope of application of the Union measures taken under this Article between the particular third country and the Member States. 6. The provisions of this Article will be subject to the review process as defined by Article 28b.’;
2022/02/16
Committee: ENVI
Amendment 237 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Directive 2003/87/EC
Article 3 d b (new)
(2b) The following article is added: ‘Article 3db Aviation Fund 1. A fund (‘the Aviation Fund’) shall be established for the period from 2024 to 2030 with the objective of supporting projects and investments referred to in paragraph 3. 2. The Aviation Fund shall be managed centrally through a Union body and the governance structure of the Aviation Fund shall be similar to the governance structure of the Innovation Fund established under Article 10a(8) of this Directive. The Aviation Fund’s governance structure and decision- making process shall be transparent and inclusive, in particular in relation to the setting of priority areas, criteria and grant allocation procedures. Stakeholders, such as individuals, civil society, social partners, academia, industry and policy makers, shall have an appropriate consultative role. All information on the projects and investments supported by the Aviation Fund and all other relevant information on the functioning of the Aviation Fund shall be made available to the public, in an easily accessible form. 3. Funds provided under the Aviation Fund shall be used to support projects and investments in relation to the following: (a) deployment of e-kerosene that is produced from renewable energy, including through carbon contracts for difference aimed at bridging the price difference between low and zero-carbon fuels and conventional fuels. Special attention shall be given to projects capturing CO2 from the atmosphere by utilising direct air capture and using it as feedstock to produce e-kerosene; (b) increased operational flight efficiency with environmental benefits; and (c) promotion of skill formation and reallocation of labour in order to contribute to a just transition that leaves no one behind, in particular in regions most affected by the transition of jobs in the aviation sector, in close coordination with the social partners. All investment supported by the Aviation Fund shall be made public and shall be consistent with the aims of this Directive. Furthermore, the intellectual property rights and patents of technologies discovered and developed with the support of the funds allocated from the Aviation Fund shall remain in the public domain. 4. All funding provided under the Aviation Fund shall be carried out in accordance with: (a) The “do no significant harm” principle as set out in the Article 17 of the Regulation (EU) 2020/852 of the European Parliament and of the Council; (b) Minimum safeguards as set out in the Article 18 of the Regulation (EU) 2020/852 of the European Parliament and of the Council; and (c) The European Pillar of Social Rights. Support under the Aviation Fund shall only be granted to companies that have not been found guilty or are under prosecution or investigation for money laundering, terrorism financing, tax avoidance, tax fraud, tax evasion or human rights violations in its operations or supply chains. 5. The Commission shall engage with third countries with regard to exploring options as to how they could also make use of the Aviation Fund. 6. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the implementation of this Article. In implementing the Aviation Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council to ensure the protection of funds in relation to measures and investments supported by the Aviation Fund, in the event of failure to respect the rule of law in the Member States. To that end, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used.’;
2022/02/16
Committee: ENVI
Amendment 272 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a (new)
Directive 2003/87/EC
Article 12 – paragraph 2 b (new)
(-a) The following paragraph is inserted: ‘2b. As long as there are no Union measures which reduce the total climate impact of aviation below twice that of the impact of carbon dioxide alone from aircraft carrying out an aviation activity listed in Annex I, for the purposes of paragraph 2a and by way of derogation from Article 3a, the amount of fossil fuel carbon dioxide which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2.’
2022/02/16
Committee: ENVI
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a a (new)
Directive 2003/87/EC
Article 12 – paragraph 2 c (new)
(-aa) The following paragraph is inserted: ‘2c. By way of derogation from paragraph 2a, from 2024 onwards each aircraft operator shall surrender three times the number of allowances that is equal to its total emissions during the preceding calendar year, as verified in accordance with Article 15, for flights on routes where train journeys of two and a half hours or less exist as an alternative. The Commission shall adopt an implementing act listing the flight routes referred in the first subparagraph of this paragraph by 1 June 2023. The list shall be updated annually.’
2022/02/16
Committee: ENVI
Amendment 274 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a b (new)
Directive 2003/87/EC
Article 12 – paragraph 4
(-ab) Paragraph 4 is replaced by the following: "4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the person holding them. Member States may also voluntarily cancel allowances in the following cases: (a) In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure; (b) In the event of reduced demand as a result of national measures such as the withdrawal of subsidies for airport expansion, airports closure, closure of routes for example due to bans on short- haul flights, or incentives to shift travel away from air, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 3d up to the amount corresponding to the additional emissions that would have happened in the absence of such national measures. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
2022/02/16
Committee: ENVI
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – point b
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take- off mass greater than 5 700 kg conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019.
2022/02/16
Committee: ENVI
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 2 – point (iv)
(iv) military flights;deleted
2022/02/16
Committee: ENVI
Amendment 289 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Directive 2003/87/EC
Article 14 – paragraph 3 a (new)
(6a) In Article 14, the following paragraph is added: ‘3a. All emissions data related to aircraft operators communicated to Member States and the Commission, including data communicated in accordance with Article 7 of Commission Delegated Regulation (EU) 2019/1603 shall be reported and published by the Commission, per aircraft operator and per airport pair in a user-friendly manner. The data for each year shall be published without delay. The data shall include at least the following: (a) emissions data broken down by aircraft operator and by airport pairs; (b) aircraft type, fuel consumption per fuel type and per airport pair for each aircraft operator; (c) for each aerodrome pair, the ICAO designator of the two aerodromes; distance (great circle distance + 95 km) in km; total number of flights per airport pair in the reporting period; (d) total number of passenger per airport pair per aircraft operator, total number of available seats per airport pair per aircraft operator and total mass of freight and mail (tonnes) during the reporting period per airport pair; (e) the amount of offsetting, calculated in accordance with Article 12(7); (f) the amount and type of eligible fuels used to comply with part or all of their offsetting; and (g) the amount and type of carbon credits used to comply with part or all of their offsetting.’;
2022/02/16
Committee: ENVI
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Directive 2003/87/EC
Article 23 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3d(3), 3da(5), 3db(6) 10(4), 10a(1) and (8), 10b(5), 12(7), third subparagraph, 19(3), Article 22, Articles 24(3), 24a(1), 25a(1) and Article 28c shall be conferred on the Commission for an indeterminate period of time from 8 April 2018.
2022/02/16
Committee: ENVI
Amendment 303 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a
Directive 2003/87/EC
Article 23 – paragraph 3
3. The delegation of power referred to in Articles 3d(3), 3da(5), 3db(6), 10(4), 10a(1) and (8), 10b(5), 12(7), third subparagraph, 19(3), Article 22, Articles 24(3), 24a(1), 25a(1) and Article 28c 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.’,
2022/02/16
Committee: ENVI
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b
Directive 2003/87/EC
Article 23 – paragraph 6
6. A delegated act adopted pursuant to Articles 3d(3), 3da(5), 3db(6) 10(4), 10a(1) and (8), 10b(5), 12(6), third subparagraph, 19(3), Article 22, Articles 24(3), 24a(1), 25a(1) and Article 28c 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.;
2022/02/16
Committee: ENVI
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Directive 2003/87/EC
Article 25 a – paragraph 2
"2. The Union and its Member States shall continue to seek an agreement on global measures to reduce greenhouse gas emissions from aviation. In the light of any such agreemen that is aligned with the objectives of Regulation (EU) 2021/1119 and the Paris Agreement, while reflecting equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. The European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, supported by the European Union Aviation Safety Agency, shall assess the compatibility of the any such agreement with the objectives the Paris Agreement and Regulation (EU) 2021/1119, and its general environmental integrity. The report shall be made public, in an easily accessible form. Based on the report, the Commission shall consider whether amendments to this Directive as it applies to aircraft operators are necessary. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
2022/02/16
Committee: ENVI
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)
Directive 2003/87/EC
Article 28 b – paragraph 1
(9a) In Article 28b, paragraph 1 is replaced by the following: "1. Before 1 January 201927 and regularlyevery two years thereafter, the Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to: (i) the relevant ICAO instruments, including Standards and Recommended Practices; (ii) ICAO Council-approved recommendations relevant to the global market-based measure including changes to baselines; (iii) the establishment of a global registry; (iv) enforceability, transparency, the penalties for non- compliance and the processes for public input of CORSIA; (v) domestic measures taken by third countries to implement the global market-based measure to be applied to emissions from 2021; (vi) the level of participation, including implications of reservations by third countries; and (vii) other relevant international developments and applicable instruments; (viii) environmental effects, including those effecting biodiversity, of ICAO’s rules on the use of biofuels; (ix) the quality and environmental integrity of offsetting credits under CORSIA; (x) human rights compliance and implications to biodiversity of carbon offsetting under CORSIA; and (xi) the ambition and overall environmental integrity of global- market based measures, including its general ambition in relation to targets under the Paris Agreement. In line with the UNFCCC's global stocktake, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of halvreducing aviation CO2 emissions relative to 2005 levels by 2050. to zero by 2050." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
2022/02/16
Committee: ENVI
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)
Directive 2003/87/EC
Article 28 b – paragraph 2
(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L(9b) In Article 28b, paragraph 2 is deleted; Or. en 20210101&qid=1641400487-702)
2022/02/16
Committee: ENVI
Amendment 325 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 c (new)
Directive 2003/87/EC
Article 28 b – paragraph 3
(9c) In Article 28b, paragraph 3 is replaced by the following: "3. The Commission shall accompany the report referred to in paragraph 21 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, delete, extend or replace the derogations provided for in Article 283da, that is consistent with the Union economy- wide greenhouse gas emission reduction commitment for 2030 with the aim of preserving the environmental integrity and effectiveness of Union climate action. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L, 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 the Union’s and its Member States commitments under the Paris Agreement, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations." Or. en 20210101&qid=1641400487-702)
2022/02/16
Committee: ENVI
Amendment 330 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 d (new)
Directive 2003/87/EC
Article 30 – paragraph 4 a (new)
(9d) In Article 30, the following paragraph is inserted: 4a. Before 1 January 2024, the Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall present an analysis of global greenhouse gas emissions and other radiative forcing of aviation activities on individual scale, particularly addressing the emissions caused by the air travel demand of frequent flyers and individual users of private aircrafts. The report shall be accompanied by a proposal on how to best address those effects to increase emission reduction efforts of the aviation sector under this Directive or other relevant Union legislation. 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.
2022/02/16
Committee: ENVI
Amendment 334 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Annex I – table – Aviation – paragraph 1 a – point b
(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take- off mass greater than 5 700 kg conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) state flights; (ii) humanitarian flights; (iii) medical flights; (iv) military flights; (v) firefighting flights..
2022/02/16
Committee: ENVI