Activities of Silvia MODIG related to 2021/0211(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757
Shadow opinions (1)
OPINION on the proposal of the European Parliament and of the Council for an Amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757
Amendments (199)
Amendment 10 #
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC. Both the use revenues from auctioning and funding through the Modernisation Fund should live up to the green oath to 'do no harm' to other environmental objectives of the Union and be used according to social safeguards. Furthermore, all Member States which benefit from the Fund have an obligation to respect the fundamental values enshrined in Article 2 of the Treaty on European Union
Amendment 14 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28 a) The auctioning of allowances is the simplest and the most economically efficient method for allocating emission allowances, and provides funding for the necessary green transition of the Union while living up to the polluter pays principle pursuant to Article 191(2) of the Treaty on the Functioning of the European Union (TFEU). In its Special Report 18/2020 entitled ‘The EU’s Emissions Trading System: free allocation of allowances needed better targeting’, the European Court of Auditors found that free allocation disincentivise GHG reduction efforts in both power and industry sectors and allowed operators to pass cost to customers even when receiving allowances for free, or, in other words, accumulate windfall profits. Given the rapid need for decarbonization and the need to ensure that the Union’s environmental policies are socially justifiable in order to maintain the public support of EU citizens, all free allocation of allowances should be phased out from the date of entry into force of this Directive.
Amendment 16 #
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28 b) In its Special Report 18/2020 entitled ‘The EU’s Emissions Trading System: free allocation of allowances needed better targeting’, the European Court of Auditors found that between 2013 and 2020 over 6.66 billion allowances were allocated for free under phase 3 (2013-2020) of the EU ETS. During this time, the prices of allowances fluctuated but increased from less than €3 to around €25. If more allowances for industry had been auctioned, Member States would have received significant additional revenues. The Commission has identified that Member States received €42 billion in auction receipts between 2012 and June 2019. With current prices of allowances and the expected price development under envisaged Union’s environmental policies, future revenues from EU ETS for Member States are expected to increase substantially. Full auctioning of allowances would provide the necessary revenue source for the Union and its Member States to fund the transition needed to reach the objectives of the Paris Agreement while ensuring a fair and just transition that leaves no one behind.
Amendment 26 #
Proposal for a directive
Recital 43
Recital 43
(43) The Communication of the Commission on Stepping up Europe’s 2030 climate ambition57 , underlined the particular challenge to reduce the emissions in the sectors of road transport and buildings. Therefore, the Commission announced that a further expansion of emiss costs of the transitions trading could include emissions from road transport and buildings. Emissions trading for these two new sectors would be established through separate but adjacent emissions trading. This would avoid any disturbance of the well-functioning emissions trading in the sectors of stationary installations and aviation. The new system is accompanied by complementary policies and measures safeguarding against undue price impacts, shaping expectations ofhe increased volatility of energy and commodity prices sowing to transition- related adjustments and resource depletion, market participants and aiming for a carbon price signal for the whole economy. Previous experience has shown that the development of the new market requires setting up an efficient monitoring, reporting and verification system. In view of ensuring synergies and coherence with the existing Union infrastructure for the EU ETS covering the emissions from stationary installations and aviation, it is appropriate to set up emissions trading for the road transport and buildings sectors via an amendment to Directive 2003/87/ЕC it necessary to protect the most vulnerable households and micro- enterprises while maintaining a high level of investment to ensure the ecological transition is a success. _________________ 57 COM(2020)562 final.
Amendment 28 #
Proposal for a directive
Recital 47
Recital 47
Amendment 30 #
Proposal for a directive
Recital 48
Recital 48
Amendment 36 #
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport and buildingsEU ETS should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro- enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, aFund will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56). 62 [Add ref to the Regulation establishing the Social Climate Fund].
Amendment 41 #
Proposal for a directive
Recital 53
Recital 53
(53) Reporting on the use of auctioning revenues should be aligned with the current reporting established by Regulation (EU) 2018/1999 of the European Parliament and of the Council63 . _________________ 63 Regulation (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. 1–77) and monitored by The Commission and the European Environment Agency.
Amendment 43 #
Proposal for a directive
Recital 54
Recital 54
Amendment 45 #
Proposal for a directive
Recital 56
Recital 56
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
2003/87/EC
Article 10a
Article 10a
Both the use revenues from auctioning and funding through the Modernisation Fund should live up to the green oath to 'do no harm' to other environmental objectives of the Union and be used according to social safeguards, notably the European pillar of social rights. All Member States which benefit from the Fund have an obligation to respect the fundamental values enshrined in Article 2 of the Treaty on European Union.
Amendment 60 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*)[1] [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay- back time for the relevant investments does not exceed fiveten years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 %. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly100%.
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
2003/87/EC
Article 10b
Article 10b
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
2003/87/EC
Article 10c
Article 10c
Amendment 75 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
2003/87/EC
Article 30 bis
Article 30 bis
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
2003/87/EC
Article 30 bis
Article 30 bis
Amendment 77 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
2003/87/EC
Article 30 bis
Article 30 bis
Amendment 119 #
Proposal for a directive
Recital 1
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”)36 . 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 equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. _________________ 36 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
Amendment 120 #
Proposal for a directive
Recital 1 a (new)
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 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
Amendment 122 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) In its resolution of 28 November 2019 on the climate and environment emergency1a, 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. _________________ 1a P9_TA(2019)0078.
Amendment 123 #
Proposal for a directive
Recital 1 c (new)
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 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.
Amendment 124 #
Proposal for a directive
Recital 1 d (new)
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(2) of the Paris Agreement.
Amendment 126 #
Proposal for a directive
Recital 2
Recital 2
(2) 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 201937 . _________________ 37 COM(2019)640 final.
Amendment 129 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensiveprovides a starting point for 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 set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050 at the latest, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource 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.
Amendment 134 #
Proposal for a directive
Recital 4
Recital 4
(4) The necessity and value of the European Green Deal have only grown in light of the very severe effects of the COVID-19 pandemic on the health, living and working conditions and well-being of the Union’s citizens, which have shown that our society and our economy need to improve their resilience to external shocks and act early to prevent or mitigate them. European citizens continue to express strong views that this applies in particular to climate change38 . In addition, the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) in its report of 29 October 2020 entitled ‘Biodiversity and Pandemics’ pointed out that the underlying causes of pandemics are the same global environmental changes that drive biodiversity loss and climate change. Climate change has been implicated in disease emergence and will likely cause substantial future pandemic risk. According to the report, the cost of inaction vastly outweighs the cost of action. _________________ 38Special Eurobarometer 513 on Climate Change, 2021 (https://ec.europa.eu/clima/citizens/support _en).
Amendment 139 #
Proposal for a directive
Recital 6
Recital 6
(6) In Regulation (EU) 2021/1119 of the European Parliament and of the Council40 the Union has enshrined the target of economy-wide climate neutrality by 2050 at the latest and the aim to achieve negative emissions thereafter in legislation. 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. _________________ 40Regulation (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).
Amendment 141 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) 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.
Amendment 142 #
Proposal for a directive
Recital 7
Recital 7
(7) All sectors of the economy need to contribute to achieving those emission reductions. Therefore, the ambition of the EU Emissions Trading System (EU ETS), established by Directive 2003/87/EC of the European Parliament and of the Council41 to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner, should be increased in a manner commensurate with this economy-wide net greenhouse gas emissions reduction target for 2030, the Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2(1) of Regulation (EU) 2021/1119 and the objectives of the Paris Agreement, while reflecting the precautionary principle. _________________ 41 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 154 #
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new and existing technologies. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of hydrogen outside the refineries sector aligned with the economy-wide net greenhouse gas emissions reduction target for 2030, the Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2(1) of Regulation (EU) 2021/1119 and the goal of the Paris Agreement, while reflecting the precautionary principle. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned.
Amendment 161 #
Proposal for a directive
Recital 9
Recital 9
(9) Council Directive 96/61/EC42 was repealed by Directive 2010/75/EU of the European Parliament and of the Council43 . The references to Directive 96/61/EC in Article 2 of Directive 2003/87/EC and in its Annex IV should be updated accordingly. Given the need for urgent economy-wide emission reductions, Member States should be able to act to reduce greenhouse gas emissions that are under the scope of the EU ETS also through other policies thand the emission limits adopted pursuant to Directive 2010/75/EU should be re-evaluated as greenhouse gas emissions in the industry sector have not declined as swiftly as those of the power sector under the EU ETS. _________________ 42Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ L 257, 10.10.1996, p. 26). 43 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) OJ L 334, 17.12.2010, p. 17.
Amendment 164 #
Proposal for a directive
Recital 10
Recital 10
(10) In its Communication ‘Pathway to a Healthy Planet for All’44 , the Commission calls for steering the EU towards zero pollution by 2050, by reducing pollution across air, freshwaters, seas and soils to levels which are no longer expected to be harmful for health and natural ecosystems. Measures under Directive 2010/75/EU, as currently the main instrument regulating air, water and soil pollutant emissions, will oftenshould also enable emissions greenhouse gases to be reduced in the future. In line with Article 8 of Directive 2003/87/EC, Member States should ensure coordination between the permit requirements of Directive 2003/87/EC and those of Directive 2010/75/EU. _________________ 44Communication from the Commission to the European Parliament, the Council, the European Economic And Social Committee and the Committee of the Regions Pathway to a Healthy Planet for All, EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' (COM/2021/400 final).
Amendment 165 #
Proposal for a directive
Recital 11
Recital 11
(11) Recognising that new innovative technologies will often allow reducing emissions of both greenhouse gases and pollutants, it is important to ensure synergies between policies delivering reductions of emissions of both greenhouse gases and pollutants, namely Directive 2010/75/EU, and review their effectiveness in this regard aligned with the Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2(1) of Regulation (EU) 2021/1119 and the objectives of the Paris Agreement.
Amendment 166 #
Proposal for a directive
Recital 12
Recital 12
Amendment 169 #
Proposal for a directive
Recital 13
Recital 13
Amendment 186 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Municipal waste incineration installations shall be covered by the EU ETS. Since recycling and regeneration activities are already covered by the EU ETS, the inclusion would reinforce incentives for sorting and recycling the municipal waste in line with the waste hierarchy. Moreover, integrating waste incineration into the EU ETS would create a level playing field between the regions that have included municipal waste incineration under the scope, reducing the risk of tax competition between regions. To ensure that a large portion of municipal waste incineration installations do not fall out of scope, the threshold for their inclusion should be total rated thermal input exceeding 10 MW.
Amendment 190 #
Proposal for a directive
Recital 14
Recital 14
(14) International maritime transport activity, consisting of voyages between ports under the jurisdiction of two different Member States or between a port under the jurisdiction of a Member State and a port outside the jurisdiction of any Member State, has been the only means of transportation not included in the Union's past commitments to reduce greenhouse gas emissions. Emissions from fuel sold in the Union for journeys that depart in one Member State and arrive in a different Member State or a third country have grown by around 36 % since 1990. Those emissions represent close to 90 % of all Union navigation emissions as emissions from fuel sold in the Union for journeys departing and arriving in the same Member State have been reduced by 26 % since 1990. In a business-as-usual scenario, emissions from international maritime transport activities are projected to grow by around 14 % between 2015 and 2030 and 34 % between 2015 and 2050. If the climate change impact of maritime transport activities grows as projected, it would significantly undermine reductions made by other sectors to combat climate change and therefore achieving the economy-wide net greenhouse gas emissions reduction target for 2030, the Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2(1) of Regulation (EU) 2021/1119 and the goal of the Paris Agreement, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations.
Amendment 192 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) International maritime transport is the only means of transportation that has not been included in the Union's commitment to reduce greenhouse gas emissions, despite the fact that the European Parliament has repeatedly called for all sectors of the economy to contribute to the joint effort to complete the transition to net-zero greenhouse gas emissions as soon as possible and by 2050 at the latest, in line with the Union's commitments under the Paris Agreement. CO2 remains the dominant cause of maritime transport’s climate impact when calculated on a global warming-potential 100-year basis, accounting for 98 %, or, if black carbon is included, 91 %, of total international greenhouse gas emissions in CO2 equivalents. However, according to a report entitled ‘Fourth IMO Greenhouse Gas Study’ of the International Maritime Organization (IMO), published in 2020, there was an 87 % increase of methane (CH4) over the period from 2012 to 2018. Therefore, and in line with the amendments adopted by the European Parliament on 16 September 2020 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2015/757 in order to take appropriate account of the global data collection system for ship fuel oil consumption data, both CO2 and CH4 emissions should be included in the extension of the EU ETS to maritime transport activities. Furthermore, the Commission should by 31 December 2024 submit a legislative proposal, accompanied by an assessment, on the inclusion of other greenhouse gasses and particles with a global warming potential from maritime transport activities to the scope of the EU ETS.
Amendment 198 #
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement. Efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, thesecurrently progressing too slowly in order for the global maritime sector to contribute to the achievement of the objectives of the Paris Agreement in an adequate manner. As a global leader on climate and environmental measures, the Union and its Member State should act as an forerunner in developing effective policy tools to reduce the emissions of the maritime sector and bringing its emissions reductions aligned with the objectives of the Paris Agreement, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations. The Union’s and its Member States’ efforts should not be seen as an alternative to multilateral co-operation through the IMO, but as complementary measures, will not be sufficient to achieve the objectivehile still recognising the Union’s sovereignty to regulate its share of emissions from international shipping voyages in line with the obligations of the Paris Agreement.
Amendment 202 #
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissionse global dimension of maritime transport and the insufficient progress achieved in the IMO, it is appropriate that the EU ETS covers a sharell of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages depIf the third country adopts sufficient policies to reduce greenhouse gas emissions of mariting from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion ofme transport or if sufficient policy measures are implemented through the IMO, a proportionate reduction of the scope of application EU ETS should be implemented to voyages to and from third countries. In order to increase climate ambition and create revenues to fund decarbonisation and just transition efforts in the sector in, the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year in the maritime sector should be implemented by applying full auctioning of allowances from the beginning. _________________ 49 Paris Agreement, Article 4(4).
Amendment 210 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Following the expansion of EU ETS to maritime transport, Regulation (EU) 2015/757 should be amended to apply to ships above 400 gross tonnage in respect of their greenhouse gas emissions, as the current threshold of 5 000 gross tonnes leaves outside the scope of the EU ETS up to 20 % of ships calling into Union ports. The amendment would also promote innovation in the maritime transport sector, since while having higher average emissions and engine propulsion power than ships just above the threshold current threshold of 5 000 gross tonnes, smaller vessels are relatively simpler to decarbonise. The inclusion in the EU ETS would provide a sufficient incentive for this development. Furthermore, lowering the vessel size would create a more levelled playing field between actors situated in different Member States. Similarly, unnecessary exemptions among different vessel types should be removed, but still avoid unjustified and disproportionate impacts on citizens that rely on maritime transport in their daily lives, such as communities in islands or remote areas. In addition, in order to lower the administrative burden for small and medium enterprises, the EU ETS should be applied only to vessels that report emissions over 1 000 tonnes of CO2 in the previous year.
Amendment 222 #
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the Commission should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 - to the European Parliament and to the Council on progress in the IMO or other relevant negotiations concerning a global market- based measure. In its report, the Commission should analyse the International Maritime Organization or other relevant instruments and, assess, as relevant, how to implement those instruments in Union law through a revision of Directive 2003/87/EC. In its report, the Commission should include proposals as appropriate.
Amendment 224 #
Proposal for a directive
Recital 19
Recital 19
(19) The Commission should review the functioning of Directive 2003/87/EC in relation to maritime transport activities in the light of experience of its application, including in relation to possible evasive practices, and should then propose measures to ensure its effectiveness aligned with 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 objectives of the Paris Agreement.
Amendment 228 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
Amendment 232 #
Proposal for a directive
Recital 20 b (new)
Recital 20 b (new)
(20b) Renewing fleets of ice-class ships and developing innovation that reduce emissions while sailing in winter conditions will take time and require financial support. Currently, due to the design that enables ice-classed ships to sail in winter condition, they produce more emissions both in open water and when navigating in ice conditions compared to ships of similar size designed for sailing only in open water. On average, ice-classed ships, when sailing in open water, consume about 2-5 % more fuel than ships of similar size designed for sailing in open water only. In addition, more engine power is required to navigate in ice conditions. In the routes most impacted by ice, the increase in fuel consumption when sailing in ice conditions is even 20-60 % higher than in open water. As a result, winter navigation increases the costs of maritime transport especially in the northern parts of the Baltic Sea, where ships need to be constructed to ensure safe navigation in ice conditions. The difference in costs of maritime transport within the EU will be further increased by the planned introduction of emissions trading for maritime transport, especially considering Nordic Member States that rely on maritime transportation for their foreign trade, unless a level playing field will be specifically guaranteed between the ice classed and other ships. Therefore, a flag- neutral method to take into account ice conditions in northern parts of the Union should be implemented under this Directive.
Amendment 240 #
Proposal for a directive
Recital 26
Recital 26
(26) Achieving the Union’s emissions reduction target for 2030objectives of the Paris Agreement, while reflecting equity and the principle of common but differentiated responsibilities and respective capabilities and respecting the precautionary principle, will require a reduction in the emissions of the sectors covered by the EU ETS of 6175 % compared to 2005. The Union-wide quantity of allowances of the EU ETS needs to be reduced to createat least by 450 million allowances to address the structural oversupply of allowances, while creating the necessary long-term carbon price signal and drive for this degree of decarbonisation. To this end, the linear reduction factor should be increased, also taking into account the inclusion of emissions from maritime transport. The latter should be derived from the emissions from maritime transport activities reported in accordance with Regulation (EU) 2015/757 for 2018 and 2019 in the Union, adjusted, from year 2021, by the linear reduction factor.
Amendment 251 #
Proposal for a directive
Recital 27
Recital 27
(27) Bearing in mind that this Directive amends Directive 2003/87/EC in respect of a period of implementation that has already started on 1 January 2021, for reasons of predictability, environmental effectiveness and simplicity, the steeper linear reduction pathway of the EU ETS should be a straight line from 2021 to 2030, such as to achieve emission reductions in the EU ETS of 6175 % by 2030, as the appropriate intermediate step towardsto ensure a Union economy-wide climate neutrality in 2050. As at the increased linear reduction factor can only apply from the year following the entry into force of this Directive, a one-off reduction of the quantity of allowances should reduce the total quantity of allowances so that it is in line with this level of annual reduction having been made from 2021 onwardslatest and the aim to achieve negative emissions thereafter and the objectives under the Paris Agreement, while taking account the precautionary principle pursuant to Article 191(2) of the Treaty on the Functioning of the European Union (TFEU).
Amendment 257 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes, while ensuring a just transition and environmental integrity of taken action. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. To ensure compliance and public scrutiny, the reporting of the use of auctioning revenues under Article 19 of Regulation (EU) 2018/1999 should be amended. Further, to address distributional and social effects of the transition in low- income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC. Both the used revenues from auctioning and funding through the Modernisation Fund should live up to the green oath to 'do no harm' to other environmental objectives of the Union and be used according to social safeguards. Furthermore, all Member States which benefit from the Modernisation Fund have an obligation to respect the fundamental values enshrined in Article 2 of the Treaty on European Union.
Amendment 269 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) The auctioning of allowances is the simplest and the most economically efficient method for allocating emission allowances, and provides funding for the necessary green transition of the Union while living up to the polluter pays principle pursuant to Article 191(2) of the Treaty on the Functioning of the European Union (TFEU). In its Special Report 18/2020 entitled ‘The EU’s Emissions Trading System: free allocation of allowances needed better targeting’, the European Court of Auditors found that free allocation disincentives greenhouse gas reduction efforts in both power and industry sectors and allowed operators to pass cost to customers even when receiving allowances for free, or in other words to accumulate windfall profits. Given the rapid need for decarbonization and the need to ensure that the Union’s environmental policies are socially justifiable in order to maintain the public support of EU citizens, all free allocation of allowances should be phased out from the date of entry into force of this Directive.
Amendment 271 #
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) In its Special Report 18/2020 entitled ‘The EU’s Emissions Trading System: free allocation of allowances needed better targeting’, the European Court of Auditors also found that between 2013 and 2020 over 6,66 billion allowances were allocated for free under phase 3 (2013-2020) of the EU ETS. During this time, the prices of allowances fluctuated but increased from less than EUR 3 to around EUR 25. If more allowances for industry had been auctioned, Member States would have received significant additional revenues. The Commission has identified that Member States received EUR 42 billion in auction receipts between 2012 and June 2019. With current prices of allowances and the expected price development under envisaged Union’s environmental policies, future revenues from the EU ETS for Member States are expected to increase substantially. Full auctioning of allowances would provide the necessary revenue source for the Union and its Member States to fund the transition needed to reach the objectives of the Paris Agreement while ensuring a fair and just transition that leaves no one behind.
Amendment 279 #
Proposal for a directive
Recital 29
Recital 29
(29) FIf free allocation of allowances is continued after the date of entry into force of this Directive, further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investments in techniques to increase energy efficiency and reduce emissions. If failed to comply with these requirements, the operators should lose 100 % of free allocation. In addition, the pay-back time of investments should be raised to 10 years in order to give additional incentive to rationalise the operators energy consumption through long-term investments. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordingly.
Amendment 289 #
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and, energy storage and other innovations, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non-CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 321 #
Proposal for a directive
Recital 31
Recital 31
Amendment 341 #
Proposal for a directive
Recital 33
Recital 33
Amendment 366 #
Proposal for a directive
Recital 36
Recital 36
Amendment 367 #
Proposal for a directive
Recital 37
Recital 37
Amendment 371 #
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to fossil fuels. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 8100 %; and aligned with the Member State’s approved Territorial Just Transition Plan laid down in Article 11 of Regulation (EU) 2021/1056. Reduction of overall energy use through demand side management and energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 384 #
Proposal for a directive
Recital 39
Recital 39
(39) Commission Implementing Regulation (EU) 2018/206654 lays down rules on the monitoring of emissions from biomass which are consistent with the rules on the use of biomass laid down in the Union legislation on renewable energy. As the legislation becomes more elaborate on the sustainability criteria for biomass with the latest rules established in Directive (EU) 2018/2001 of the European Parliament and of the Council55 , the conferral of implementing powers in Article 14(1) of Directive 2003/87/EC should be explicitly extended to the adoption of the necessary adjustments for the application in the EU ETS of sustainability criteria for biomass, including biofuels, bioliquids and biomass fuels. In addition, the Commission should be empowered to adopt implementingdelegated acts to specify how to account for the storage of emissions from mixes of zero-rated biomass and biomass that is not from zero- rated sources. _________________ 54Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1). 55Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 385 #
Proposal for a directive
Recital 40
Recital 40
(40) Renewable liquid and gaseous fuels of non-biological origin and recycled carbon fuels can be important to reduce greenhouse gas emissions in sectors that are hard to decarbonise. Where recycled carbon fuels and renewable liquid and gaseous fuels of non- biological origin are produced from captured carbon dioxide under an activity covered by this Directive, the emissions should be accounted under that activity. To ensure that renewable fuels of non- biological origin and recycled carbon fuels contribute to greenhouse gas emission reductions and to avoid double counting for fuels that do so, it is appropriate to explicitly extend the empowerment in Article 14(1) to the adoption by the Commission of implementingdelegated acts laying down the necessary adjustments for how to account for the eventual release of carbon dioxide and how to avoid double counting to ensure appropriate incentives are in place, taking also into account the treatment of these fuels under Directive (EU) 2018/2001.
Amendment 401 #
Proposal for a directive
Recital 40 a (new)
Recital 40 a (new)
(40a) The large scale use of biomass for energy production, including biofuels, bioliquids and biomass fuels, cannot be a long-term solution for the Union nor its Member States and should be minimised. A letter40a sent on the 18th of 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 and that 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 reviewed scenarios that meet the goals of the Paris Agreement utilizing bioenergy with carbon capture and storage (BECCS) exceed sustainability and precautionary thresholds in land use and biodiversity40b. _________________ 40aScientist Letter to President Biden, President Von der Leyen, President Michel, Prime Minister Suga & President Moon Regarding Forest Bioenergy (February 11, 2021) 40bCreutzig, 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.
Amendment 416 #
Proposal for a directive
Recital 43
Recital 43
Amendment 435 #
Proposal for a directive
Recital 44
Recital 44
Amendment 451 #
Proposal for a directive
Recital 45
Recital 45
Amendment 460 #
Proposal for a directive
Recital 46
Recital 46
Amendment 467 #
Proposal for a directive
Recital 47
Recital 47
Amendment 481 #
Proposal for a directive
Recital 48
Recital 48
Amendment 492 #
Proposal for a directive
Recital 49
Recital 49
Amendment 503 #
Proposal for a directive
Recital 50
Recital 50
Amendment 513 #
Proposal for a directive
Recital 51
Recital 51
Amendment 523 #
Proposal for a directive
Recital 52
Recital 52
(52) The introduction of the carbon price in road transport and buildingsEU ETS should be accompanied by effective social compensation, especially in view of the already existing levels of energy poverty. About 34 million Europeans reported an inability to keep their homes adequately warm in 2018, and 6,9 % of the Union population have said that they cannot afford to heat their home sufficiently in a 2019 EU-wide survey60 . To achieve an effective social and distributional compensation, Member States should be required to spend the auction revenues on the climate and energy-related purposes already specified for the existing emissions trading, but also for measures added specifically to address related concerns for the new sectors of road transport and buildings, including related policy measures under Directive 2012/27/EU of the European Parliament and of the Council61 . Auction revenues should be used to address social aspects of the emission trading for the new sectors with a specific emphasis in vulnerable households, micro-enterprises and transport users. In this spirit, a new Social Climate Fund will provide dedicated funding to Member States to support the European citizens most affected or at risk of energy or mobility poverty. This Fund will promote fairness and solidarity between and within Member States while mitigating the risk of energy and mobility poverty during the transition. It will build on and complement existing solidarity mechanisms. The resources of the new Fund will in principle correspond to 25 % of the expected revenues from new emission trading in the period 2026-2032, aFund will be implemented on the basis of the Social Climate Plans that Member States should put forward under Regulation (EU) 20…/nn of the European Parliament and the Council62 . In addition, each Member State should use their auction revenues inter alia to finance a part of the costs of their Social Climate Plans. _________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 61Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1–56)_________________ 60 Data from 2018. Eurostat, SILC [ilc_mdes01]. 62[Add ref to the Regulation establishing the Social Climate Fund].
Amendment 541 #
Proposal for a directive
Recital 53
Recital 53
(53) Reporting on the use of auctioning revenues should be aligned with the current reporting established by Regulation (EU) 2018/1999 of the European Parliament and of the Council63 and monitored by the Commission and the European Environment Agency. _________________ 63Regulation (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. 1–77).
Amendment 546 #
Proposal for a directive
Recital 54
Recital 54
Amendment 554 #
Proposal for a directive
Recital 55
Recital 55
Amendment 562 #
Proposal for a directive
Recital 56
Recital 56
Amendment 574 #
Proposal for a directive
Recital 57
Recital 57
Amendment 583 #
Proposal for a directive
Recital 58
Recital 58
Amendment 590 #
Proposal for a directive
Recital 59
Recital 59
Amendment 598 #
Proposal for a directive
Recital 59 a (new)
Recital 59 a (new)
(59a) 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 latest scientific evidence 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 Directive. Furthermore, the European Scientific Advisory Board on Climate Change is invited, on its own initiative, to provide scientific advice in relation to this Directive to ensure that policies are aligned with the objectives of the Regulation (EU) 2021/1119 and the Paris Agreement.
Amendment 599 #
Proposal for a directive
Recital 59 b (new)
Recital 59 b (new)
(59b) 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 for the activities covered by Annex I of this Directive to the Union’s climate-neutrality by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2(1) of Regulation 2021/1119. The roadmap should be prepared in a transparent manner with close engagement of the stakeholders such as individuals, civil society, social partners, academia, industry and policy makers. The roadmap is an essential tool for providing a long-term insight and stability for stakeholders and to identify common interest, possible inconsistence and conflicts in policy development. The roadmap should be updated every five years in order to take into account the latest scientific development, in close engagement with the stakeholders.
Amendment 603 #
Proposal for a directive
Recital 60
Recital 60
(60) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Articles 10(4) and 10a(8) of that Directive. Moreover, to ensure synergies with the existing regulatory framework, the delegation in Articles 10(4) and 10a(8) of Directive 2003/87/EC should be extended to cover the sectors of road transport and buildings. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents66 , Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified _________________ 66 OJ C 369, 17.12.2011, p. 14.
Amendment 607 #
Proposal for a directive
Recital 61
Recital 61
(61) A well-functioning, reformed EU ETS comprising an instrument to stabilise the market is a key means for the Union to reach its agreed target for 2030 and the commitments under the Paris Agreement, Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2(1) of Regulation (EU) 2021/1119 and the commitments under the Paris Agreement, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations. The Market Stability Reserve seeks tohould address the imbalance between supply and demandoversupply of allowances in the market. Article 3 of Decision (EU) 2015/1814 provides that the reserve is to be reviewed three years after it becomes operational, paying particular attention to achieving the Union’s objectives under Regulation (EU) 2021/1119 and the Paris Agreement through adjusting the percentage figure for the determination of the number of allowances to be placed in the Market Stability Reserve, the threshold for the total number of allowances in circulation (TNAC) that determines the intake of allowances, and the number of allowances to be released from the reserve.
Amendment 614 #
Proposal for a directive
Recital 62
Recital 62
(62) Considering the need to deliver a stronger investment signal to reduce emissions in a cost-efficient manner and with a view to strengthening the EU ETS, Decision (EU) 2015/1814 should be amended so as to increase the percentage rate for determining the number of allowances to be placed each year in the Market Stability Reserve. In addition, for lower levels of the TNAC, the intake should be equal to the difference between the TNAC and the threshold that determines the intake of allowances. This would prevent the considerable uncertainty in the auction volumes that results when the TNAC is close to the threshold, and at the same time ensure that the surplus reaches the volume bandwidth within which the carbon market is deemed to operate in a balanced mannerthe intake should be always the same, regardless of the levels of the TNAC. This would prevent the considerable uncertainty in the auction volumes that results when the TNAC is close to the threshold.
Amendment 618 #
Proposal for a directive
Recital 63
Recital 63
(63) Furthermore, in order to ensure that the level of allowances that remains in the Market Stability Reserve after the invalidation is predictable and the structural oversupply is eliminated, the invalidation of allowances in the reserve should no longer depend on the auction volumes of the previous year. The number of allowances in the reserve should, therefore, be fixed at a level of 4200 million allowances, which corresponds to the lower threshold for the value of the TNAC.
Amendment 624 #
Proposal for a directive
Recital 66
Recital 66
Amendment 633 #
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2 emissions and the rules on monitoringand other greenhouse gas emissions, including particles with a global warming potential, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 640 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2003/87/EC
Article 1 –paragraph 2
Article 1 –paragraph 2
(-1) In Article 1, the second paragraph is replaced by the following "This Directive also provides for the reductions of greenhouse gas emissions to be increased so as to contribute to the levels of reductions that are considered scientifically necessary to avoid dangerous climate change. , to reach the Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter as laid down in Article 2(1) of Regulation (EU) 2021/1119 and to achieve the commitments of the Union and its Member States under the Paris Agreement, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 645 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW, with the exception of municipal waste incinerators exceeding 10 MW, changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold, it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process.
Amendment 648 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
Amendment 658 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87/EC
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 666 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point x
Article 3 – paragraph 1 – point x
Amendment 674 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point y
Article 3 – paragraph 1 – point y
Amendment 676 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
Amendment 687 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2003/87/EC
Article 3a – paragraph 1 a (new)
Article 3a – paragraph 1 a (new)
1a. The Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall, by 31 December 2024, present a legislative proposal accompanied by an impact assessment, to the European Parliament and the Council concerning the inclusion of greenhouse gas emissions other than CO2 and CH4 and particles with a global warming potential from ships arriving at, within or departing from ports under the jurisdiction of a Member State to the scope of this Directive.
Amendment 698 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fiftyhundred percent (5100 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fiftyhundred percent (5100 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) of emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 699 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 a (new)
Article 3g – paragraph 1 a (new)
1a. The Commission shall engage with third countries with the aim of establishing bilateral agreements on measures to reduce greenhouse gas emissions from maritime transport covering one hundred percent (100 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of one of those third countries and one hundred percent (100 %) of the emissions from ships performing voyage departing from a port under the jurisdiction of one of those third countries and arriving at a port under the jurisdiction of a Member State. 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 to introduce a proportionate reduction of the scope of application of the Union measures taken under paragraph 1 of this Article between the particular third country and the Member States of the Union.
Amendment 707 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 b (new)
Article 3g – paragraph 1 b (new)
1b. The Commission shall engage with the International Maritime Organization (IMO) and other multilateral entities with the aim of strengthening the global measures to reduce greenhouse gas emissions in line with the Paris Agreement and to at least a level comparable to that resulting from the Union measures taken under this Chapter for the voyages referred to in paragraph 1.
Amendment 711 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga
Article 3ga
Amendment 738 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 Directive 2003/87/EC
Article 1 – paragraph 1 – point 6 Directive 2003/87/EC
Amendment 761 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gd a (new)
Amendment 768 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organizsation (IMO) of a global market- based measure or other relevant international measures to reduce greenhouse gas emissions from maritime transport. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall present a report to the European Parliament and to the Council in which it shall examine any such measure. That report shall consider the compatibility of IMO measures with the Paris Agreement objective of limiting the temperature increase in the global average temperature to 1.5oC above pre- industrial levels, as well as level of uptake, strength of enforcement, strength of governance, transparency, penalties for noncompliance, the degree of civil society involvement, accountability and the use of biofuels. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate, recognising the Union’s sovereignty to regulate its share of emissions from international shipping voyages in line with the obligations of the Paris Agreement.
Amendment 791 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
Directive 2003/87/EC
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 812 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [--450 million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %adjusted with a 2030 emission reduction target for the sectors covered by the EU ETS of at least 75 % compared to 2005 taking into account the cap adjustment. The Commission shall publish the Union- wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 822 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point -a (new)
Article 1 – paragraph 1 – point 11 – point -a (new)
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 840 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a a (new)
Article 10 – paragraph 1 – subparagraph 3a a (new)
(aa) In Article 10(1), the following subparagraph is inserted: “Furthermore, 5 % of the allowances under chapter III of this Directive shall be auctioned and the revenues allocated to the budget of the Social Climate Fund established by Regulation (EU) .../... [Regulation establishing the Social Climate Fund].”
Amendment 849 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:;
Amendment 856 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point b
Article 10 – paragraph 3 – subparagraph 1 – point b
(b) to develop renewable energiesa) in paragraph 3, first subparagraph, point (b) is replaced by the following: "(b) to develop renewable energies and grids for electricity transmission to meet the commitment of the Union to renewable energies, as well as to develop other technologies that contribute to the transition to a safe and sustainable low- carbon economy, and to help to meet the commitment of the Union to increase energy efficiency, at the levels agreed in relevant legislative acts " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 862 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point d
Article 10 – paragraph 3 – subparagraph 1 – point d
(d) forestry sequestration in the Union; ba) in paragraph 3, first subparagraph, point (d) is replaced by the following: "(d) forestry and agricultural soil sequestration in the Union;" Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 863 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point d a (new)
Article 10 – paragraph 3 – subparagraph 1 – point d a (new)
(ba) in paragraph 3, first subparagraph, the following point is inserted: “(da) restoration of drained peatlands and damaged forests in the Union;”
Amendment 865 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point d b (new)
Article 10 – paragraph 3 – subparagraph 1 – point d b (new)
Amendment 866 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point e
Article 10 – paragraph 3 – subparagraph 1 – point e
(ba) in paragraph 3, first subparagraph, point (e) is deleted;
Amendment 871 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point f
Article 10 – paragraph 3 – subparagraph 1 – point f
(ba) in paragraph 3, first subparagraph, point (f) is replaced by the following: "(f) to encourage and invest in a shift to low-emission and public forms of transport; " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 876 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point h
Article 10 – paragraph 3 – subparagraph 1 – point h
(h) measures intended to improve energy efficiency, and insulation and de- carbonize district heating systems and insulation, or to provide financial support in order to address social aspects in lower- and middle-income households, including by reducing distortive taxes; or by recycling auctioning revenues back to people in a form of a carbon dividend in order to reduce energy poverty caused by the EU ETS;
Amendment 887 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point k a (new)
Article 10 – paragraph 3 – subparagraph 1 – point k a (new)
(ca) in paragraph 3, first subparagraph, the following point is added: “(ka) to cover administrative expenses of establishing and operating a National Scientific Advisory Board on Climate Change, in accordance with Article 3(4) of Regulation (EU) 2021/1119.”
Amendment 893 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2
Article 10 – paragraph 3 – subparagraph 2
Amendment 897 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 3
Article 10 – paragraph 3 – subparagraph 3
(ca) in paragraph 3, the third subparagraph is deleted;
Amendment 899 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(ca) the following paragraph is inserted: “3a. Member States shall use of the revenues generated from auctioning of allowances referred to in 2 paragraph, in accordance with: (a) The “do no significant harm” principle asset out in the Article 17 of Regulation (EU) 2020/852; (b) Minimum safeguards as set out in the Article 18 of Regulation (EU) 2020/852; and (c) The European Pillar of Social Rights; and (d) The Member State’s integrated national energy and climate plan submitted in accordance with Regulation (EU) 2018/1999 and, if relevant, the Territorial Just Transition Plan laid down in Article 11 of Regulation (EU) 2021/1056.”
Amendment 901 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c b (new)
Article 1 – paragraph 1 – point 11 – point c b (new)
Directive 2003/87/EC
Article 10 – paragraph 3 b (new)
Article 10 – paragraph 3 b (new)
Amendment 902 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c c (new)
Article 1 – paragraph 1 – point 11 – point c c (new)
Directive 2003/87/EC
Article 10 – paragraph 3 c (new)
Article 10 – paragraph 3 c (new)
(cc) the following paragraph is inserted: “3c. In accordance with Article 19 of Regulation (EU) 2018/1999, Member States shall report annually to the Commission on the use of revenues and the actions taken pursuant to this paragraph. Member States shall submit full quality and consistent information. In particular, they shall define in their report the meaning of ‘committed’ and ‘disbursed’ amounts, and submit rigorous financial information. If necessary to ensure compliance with these reporting obligations, Member States shall earmark revenues in their national budget. The Commission and the European Environment Agency shall ensure that EU ETS revenues are spent in a manner consistent with the obligations laid out under this Article. They shall approve Member States’ annual reports when they comply with the provisions under this Article. The Commission may take all necessary measures to ensure that Member States respect their reporting obligations under this Article.”
Amendment 908 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Article 1 – paragraph 1 – point 11 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 2 – point d a (new)
Article 10 – paragraph 4 – subparagraph 2 – point d a (new)
(da) in paragraph 4, second subparagraph, the following point is added: “(da) the auctioning practices support the achievement of climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2 of Regulation (EU) 2021/1119 and the obligations of the Union and its Member States under the Paris Agreement.”
Amendment 909 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d b (new)
Article 1 – paragraph 1 – point 11 – point d b (new)
Directive 2003/87/EC
Article 10 – paragraph 4 – subparagraph 2 a (new)
Article 10 – paragraph 4 – subparagraph 2 a (new)
(db) in paragraph 4, the following subparagraph is inserted: “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 apriority, be rectified at source and that the polluter should pay is being complied with.;”
Amendment 912 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d c (new)
Article 1 – paragraph 1 – point 11 – point d c (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 940 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2a
Article 10a – paragraph 1 – subparagraph 2a
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay- back time for the relevant investments does not exceed fiveten years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 %. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly100 %.
Amendment 982 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030within six months from the entry into force of this Directive in view of potentially modifying the definitions and system boundaries of existing product benchmarks, taking into account the full potential of product substitution, and the circular use of materials.;
Amendment 995 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii a (new)
Article 1 – paragraph 1 – point 12 – point a – point ii a (new)
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 4
Article 10a – paragraph 1 – subparagraph 4
(iia) the fourth subparagraph is replaced by the following: "In defining the principles for setting ex- ante benchmarks in individual sectors and subsectors, the Commission shall consult the relevant stakeholders, including: (a) the sectors and subsectors concerned. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L; (b) Academia, civil society, social partners and the general public; and (c) The European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119. Or. en 20210101&qid=1641400487-702)
Amendment 1024 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 2
Article 10a – paragraph 1a – subparagraph 2
Amendment 1050 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 3
Article 10a – paragraph 1a – subparagraph 3
Amendment 1079 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point -i (new)
Article 1 – paragraph 1 – point 12 – point c – point -i (new)
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 1
Article 10a – paragraph 2 – subparagraph 1
(-i) the first subparagraph is replaced by the following: "In defining the principles for setting ex- ante benchmarks in individual sectors or subsectors, the starting point shall be the average performance of the 10 % most efficient installations in a sector or subsector in the Union in the years 2007- 2008. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned. referred in paragraph 1 of this Article." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1110 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii
Article 1 – paragraph 1 – point 12 – point c – point ii
Directive 2003/87/EC
Article 10a – paragraph 2 - subparagraph 3 - point d
Article 10a – paragraph 2 - subparagraph 3 - point d
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,21 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028.;
Amendment 1117 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point iii a (new)
Article 1 – paragraph 1 – point 12 – point c – point iii a (new)
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 6
Article 10a – paragraph 2 – subparagraph 6
Amendment 1123 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
(da) paragraph 5 is replaced by the following: "5. In order to respect the auctioning share set out in Article 10, for every year in which the sum of free allocations does not reach the maximum amount that respects the auctioning share, the remaining allowances up to that amount shall be used to prevent or limit reduction of free allocations to respect the auctioning share in later years. Where, nonetheless, the maximum amount is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform manner. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003Lauctioned and used to augment the budget of the Social Climate Fund to [add reference to the Regulation establishing the Social Climate Fund]" Or. en 20210101&qid=1641400487-702)
Amendment 1125 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d b (new)
Article 1 – paragraph 1 – point 12 – point d b (new)
Directive 2003/87/EC
Article 10a – paragraph 5a
Article 10a – paragraph 5a
(db) paragraph 5a is deleted;
Amendment 1133 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point d c (new)
Article 1 – paragraph 1 – point 12 – point d c (new)
Directive 2003/87/EC
Article 10a – paragraph 5b
Article 10a – paragraph 5b
(dc) paragraph 5b is deleted;
Amendment 1135 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6
Article 10a – paragraph 6
(e) in paragraph 6, the first subparagraph is replaced by the following: “Member States should adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greeenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The financial measures adopted should not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25% of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.”; is deleted. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1139 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Amendment 1158 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point f
Article 1 – paragraph 1 – point 12 – point f
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1
Article 10a – paragraph 7 – subparagraph 1
Amendment 1168 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
Amendment 1176 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
Amendment 1179 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as, prioritising solutions that address the root causes of high and rising greenhouse gas emissions including the resources or materials used and the volumes used. A set proportion of the Innovation Fund may fund environmentally safe carbon capture and utilisation (“CCU”) where greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and/or during the disposal phase of the product. CCU projects financed from the Innovation Fund shall contribute substantially to mitigating climate change. In addition, the Innovation Fund may be used to support products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of innovative renewable energy and energy storage technologies, in geographically balanced locations. Also, a set proportion of the Innovation Fund may fund projects aimed at the environmentally safe and permanent capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locationsin geographically balanced locations. CCS projects that aim to abate emissions from fossil fuel power stations or are involved with enhanced oil recovery cannot be financed through the Innovation fund. The Innovation Fund may also support break- through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and roadrail transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 1203 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4 a (new)
Article 10a – paragraph 8 – subparagraph 4 a (new)
All project financed by the Innovation Fund shall be carried out in accordance with: (a) The “do no significant harm” principle asset out in the Article 17 of the Regulation (EU) 2020/852; (b) Minimum safeguards as set out in the Article 18 of the Regulation (EU) 2020/852; and (c) The European Pillar of Social Rights.
Amendment 1205 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4 b (new)
Article 10a – paragraph 8 – subparagraph 4 b (new)
The intellectual property rights and patents of technologies discovered and developed supported with funds allocated from the Innovation Fund shall remain in the public domain. Furthermore, support under the Innovation 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.
Amendment 1206 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4 c (new)
Article 10a – paragraph 8 – subparagraph 4 c (new)
In implementing the Innovation 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 Innovation 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.
Amendment 1214 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 6
Article 10a – paragraph 8 – subparagraph 6
Projects shall be selected on the basis of objective and transparent criteria, taking into account, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2 under normal use and/or during the disposal phase of the product. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported.
Amendment 1221 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
(12a) in Article 10b, paragraph 1 is replaced by the following: "1. Sectors and subsectors in relation to which the product resulting from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2, divided by their gross value added (in euros), exceeds 0,2between 0,2 and 2,0, shall be deemed to be at medium risk of carbon leakage. Such sectors and subsectors shall be allocated allowances free of charge for the period until 2030 at 60 % of the quantity determined pursuant to Article 10a. Sectors and subsectors in relation to which the product resulting from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2, divided by their gross value added (in euros), exceeds 2,0, shall be deemed to be at high risk of carbon leakage. Such sectors and subsectors shall be allocated allowances free of charge for the period until 2030 at 100 % of the quantity determined pursuant to Article 10a. " (First preference is to move immediately to full auctioning of allowances. However, if the majority of MEPs wish to continue free allocations in some form, this amendment should be considered.) Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1223 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Directive 2003/87/EC
Article 10b – paragraph 1 a (new)
Article 10b – paragraph 1 a (new)
(12b) In Article 10b, the following paragraph is inserted: “1a. Until free allocation of allowances is terminated in the Union, the Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall monitor the allocation of free allowances pursuant to paragraph 1 of this Article. Each year, it shall submit a report to the European Parliament and to the Council concerning the ability to pass cost to products of sectors and subsectors receiving free allowances pursuant to paragraph 1, the evidence of carbon leakage and the compatibility of measures pursuant to paragraph 1 of this Article with Article 191(2) of the Treaty on the Functioning of the European Union (TFEU). The European Parliament, the Council and the Commission shall exchange views during the year of publish of the report and shall identify additional legislative and non-legislative measures and actions. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate.”
Amendment 1224 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 c (new)
Article 1 – paragraph 1 – point 12 c (new)
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
(12c) In Article 10b, paragraph 2 is deleted;
Amendment 1228 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 d (new)
Article 1 – paragraph 1 – point 12 d (new)
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
(12d) in Article 10b, paragraph 4 is replaced by the following: "4. Other sectors and subsectors are considered to be able to pass on more of the costs of allowances in product prices, and shall not be allocated allowances free of charge at 30 % of the quantity determined pursuant to Article 10a. Unless otherwise decided in the review pursuant to Article 30, free allocations to other sectors and subsectors, except district heating, shall decrease by equal amounts after 2026 so as to reach a level of no free allocation in 2030. fter 2023." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1232 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2003/87/EC
Article 10c
Article 10c
(13) in Article 10c, paragraph 7 is replaced by the following: “Member States shall require benefiting electricity generating installations and network operators to report, by 28 February of each year, on the implementation of their selected investments, including the balance of free allocation and investment expenditure incurred and the types of investments supported. Member States shall report on this to the Commission, and the Commission shall make such reports public.”; is deleted Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1233 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2003/87/EC
Article 10c – paragraph 7
Article 10c – paragraph 7
Amendment 1249 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2 a (new)
Article 10d – paragraph 1 – subparagraph 2 a (new)
In implementing the Modernisation 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 Modernisation Fund in the case of breaches of the principles of the rule of law in the Member States. To this effect, the Commission shall provide an effective and efficient internal control system and the recovery of amounts wrongly paid or incorrectly used.
Amendment 1251 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – introductory part
Article 10d – paragraph 2 – introductory part
2. At least 8100 % of the financial resources from the Modernisation Fund shall be used in accordance with the Member State’s approved Territorial Just Transition Plan laid out in article 11 of Regulation (EU) 2021/1056 of the European Parliament and of the Council and to support investments in the following:
Amendment 1271 #
(c) the improvement of demand sidereduction of overall energy use through demand side management and energy efficiency, including in transport, buildings, agriculture and waste;
Amendment 1281 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point f
Article 10d – paragraph 2 – point f
(f) a just transition in carbon- dependent regions in the beneficiary Member States, so as to support the redeployment, re-skilling and up-skilling of workers, education, job-seeking initiatives and start-ups, in dialogue with the civil society and social partners.;
Amendment 1288 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2003/87/EC
Article 10d – paragraph 2 a (new)
Article 10d – paragraph 2 a (new)
(ba) the following paragraph is inserted: “2a. All financial resources from the Modernisation Fund shall be used in accordance with: (a) The “do no significant harm” principle asset out in the Article 17 of the Regulation (EU) 2020/852; (b) Minimum safeguards as set out in the Article 18 of the Regulation (EU) 2020/852; and (c) The European Pillar of Social Rights.”
Amendment 1289 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 2003/87/EC
Article 10d – paragraph 3
Article 10d – paragraph 3
(ba) paragraph 3 is replaced by the following: "3. The Modernisation Fund shall operate under the responsibility of the beneficiary Member States. The EIB shall ensure that the allowances are auctioned in accordance with the principles and modalities laid down in Article 10(4), and shall be responsible for managing the revenues. The EIB shall pass on the revenues to the Member States upon a disbursement decision from the Commission, where this disbursement for investments is in line with paragraph 2 and fulfil the conditions laid out in paragraph 2a of this Article or, where the investments do not fall into the areas listed in paragraph 2 or fulfil the conditions laid out in paragraph 2a of this Article, is in line with the recommendations of the investment committee. The Commission shall adopt its decision in a timely manner. The revenues shall be distributed amongst the Member States and according to the shares set out in Annex IIb, in accordance with paragraphs 6 to 12 of this Article. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L" Or. en 20210101&qid=1641400487-702)
Amendment 1291 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b b (new)
Article 1 – paragraph 1 – point 14 – point b b (new)
Directive 2003/87/EC
Article 10d – paragraph 5 – subparagraph 1
Article 10d – paragraph 5 – subparagraph 1
(bb) in paragraph 5, the first subparagraph is replaced by the following: "An investment committee for the Modernisation Fund is hereby established. The investment committee shall be composed of a representative from each beneficiary Member State, the Commission, the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119 and the EIB, and three representatives elected by the other Member States for a period of five years. It shall be chaired by the representative of the Commission. One representative of each Member State that is not a member of the investment committee may attend meetings of the committee as an observer. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L" Or. en 20210101&qid=1641400487-702)
Amendment 1292 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b c (new)
Article 1 – paragraph 1 – point 14 – point b c (new)
Directive 2003/87/EC
Article 10d – paragraph 6
Article 10d – paragraph 6
(bc) paragraph 6 is replaced by the following: "6. Before a beneficiary Member State decides to finance an investment from its share in the Modernisation Fund, it shall present the investment project to the investment committee and to the EIB. Where the EIB confirms that an investment falls into the areas listed in paragraph 2 and fulfil the conditions laid out in paragraph 2a, the Member State may proceed to finance the investment project from its share. Where an investment in the modernisation of energy systems, which is proposed to be financed from the Modernisation Fund, does not fall into the areas listed in paragraph 2 and fulfil the conditions laid out in paragraph 2a, the investment committee shall assess the technical and financial viability of that investment, including the emission reductions it achieves, and issue a recommendation on financing the investment from the Modernisation Fund. The investment committee shall ensure that any investment relating to district heating achieves a substantial improvement in energy efficiency and emission reductions. That recommendation may include suggestions regarding appropriate financing instruments. Up to 70 % of the relevant costs of an investment which does not fall into the areas listed in paragraph 2 may be supported with resources from the Modernisation Fund provided that the remaining costs are financed by private legal entities. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1311 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc. Shipping companies may surrender fewer allowances on the basis of ships’ ice class or navigation in ice or both in line with Annex VI.
Amendment 1322 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
Amendment 1340 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and/or during the disposal phase of the product.
Amendment 1345 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 2
Article 12 – paragraph 3 b – subparagraph 2
The Commission shall adopt implementingdelegated acts concerning the requirements to consider that greenhouse gases have become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and/or during the disposal phase of the product. In addition, the delegated acts shall define a monitoring, reporting and verification framework for the activities defined in the first sentence of this subparagraph. Furthermore, the delegated acts shall introduce penalties for events where the removed greenhouse gasses re-enter the atmosphere. The delegated acts shall be based on the precautionary principle in accordance with Article 191(2) TFEU and include safeguards for the possibility of non-permanence of the chemically bound greenhouse gases.
Amendment 1349 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 3
Article 12 – paragraph 3 b – subparagraph 3
Amendment 1357 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2003/87/EC
Article 14 – paragraph 1
Article 14 – paragraph 1
(16 ) in Article 14(1), first subparagraph, the following sentence is added: 1. The Commission shall adopt implementing, paragraph 1 is replaced by the following: "1. The Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall adopt delegated acts concerning the detailed arrangements for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I, for the monitoring and reporting of tonne-kilometre data for the purpose of an application under Article 3e or 3f, which shall be based on the principles for monitoring and reporting set out in Annex IV and the requirements set out in paragraph 2 of this Article. Those implementingdelegated acts shall also specify the global warming potential of each greenhouse gas in the requirements for monitoring and reporting emissions for that gas. Those implementing and be accompanied by a detailed impact assessment. Those delegated acts shall apply the sustainability and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001 of the European Parliament and of the Council(*)14a, with any necessary adjustments for application under this Directive, for this biomass to be zero-rated. They shall specify how to account for storage of emissions from a mix of zero- rated sources and sources that are not zero- rated. They shall also specify how to account for emissions from renewable fuels of non-biological origin and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided.”; Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2). _________________ 14a Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1358 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Amendment 1363 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 a (new)
Article 1 – paragraph 1 – point 16 a (new)
Directive 2003/87/EC
Article 14 – paragraph 2 – subparagraph 1
Article 14 – paragraph 2 – subparagraph 1
(16a) in Article 14(2), the first subparagraph is replaced by the following: "2. The acts referred to in paragraph 1 shall take into account the most accurate and up-to-date scientific evidence available, in particular from the IPCC, and may also specify requirements for operators to report on emissions associated with the production of goods produced by energy intensive industries which may be subject to international competition. These acts may also specify requirements for this information to be verified independently. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003LThe acts shall be aligned with 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 “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." Or. en 20210101&qid=1641400487-702)
Amendment 1365 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a a (new)
Article 1 – paragraph 1 – point 18 – point a a (new)
Directive 2003/87/EC
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 1366 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b a (new)
Article 1 – paragraph 1 – point 18 – point b a (new)
Directive 2003/87/EC
Article 16 – paragraph 3 a a (new)
Article 16 – paragraph 3 a a (new)
Amendment 1370 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 23 – paragraph 2
Article 23 – paragraph 2
(19a) In Article 23, paragraph 2 is replaced by the following: "2. The power to adopt delegated acts referred to in Articles 3d(3), 3g(1a), 3gda(6), 10(4), 10a(1) and (8), 10b(5), 12(3b), 14(1), 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. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1371 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 23 – paragraph 3
Article 23 – paragraph 3
(19b) In Article 23, paragraph 3 is replaced by the following: "3. The delegation of power referred to in Articles 3d(3), 3g(1a), 3gda(6), 10(4), 10a(1) and (8), 10b(5), 12(3b), 14(1), 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. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L" Or. en 20210101&qid=1641400487-702)
Amendment 1372 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 c (new)
Article 1 – paragraph 1 – point 19 c (new)
Directive 2003/87/EC
Article 23 – paragraph 4
Article 23 – paragraph 4
Amendment 1373 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 d (new)
Article 1 – paragraph 1 – point 19 d (new)
Directive 2003/87/EC
Article 23 – paragraph 6
Article 23 – paragraph 6
(19d) In Article 23, paragraph 6 is replaced by the following: "6. A delegated act adopted pursuant to Articles 3d(3), 3g(1a), 3gda(6), 10(4), 10a(1) and (8), 10b(5), 12(3b), 14(1) 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. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L" Or. en 20210101&qid=1641400487-702)
Amendment 1375 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 e (new)
Article 1 – paragraph 1 – point 19 e (new)
Directive 2003/87/EC
Article 26
Article 26
Amendment 1384 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 f (new)
Article 1 – paragraph 1 – point 19 f (new)
Directive 2003/87/EC
Article 29
Article 29
(19f) Article 29 is replaced by the following: “Article 29 Report to ensure the better functioning of the carbon market If, on the basis of the regular reports on the carbon market referred to in Article 10(5), the Commission has evidence that the carbon market is not functioning properly, it shall submit a report to the European Parliament and to the Council. The report may be accompanied, if appropriate, by proposals aiming at increasing transparency of the carbon market and addressing measures to improve its functioning. in order to align the carbon market with 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 obligations under the Paris Agreement." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1400 #
Proposal for a directive
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
Directive 2003/87/EC
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 1412 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IV a
Chapter IV a
Amendment 1533 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive 2003/87/EC
Article 30 i a (new)
Article 30 i a (new)
(21a) The following article is inserted: “Article 30ia Sectoral roadmap 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 activities covered by Annex I of this Directive towards 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. 2. The Commission shall engage closely with stakeholders, including individuals, civil society, social partners, academia, policy makers and sectors and subsectors affected by this Directive, while preparing the roadmap set out in paragraph 1 of this Article. 3. Every four years after the publication of the roadmaps set out in paragraph 1 of this Article, the Commission shall update the roadmap in accordance to the latest scientific knowledge, while engaging closely with stakeholders as referred in paragraph 2 of this Article. 4. All data used to produce the sectoral roadmap set out in paragraph1 of this Article, and for their updates pursuant to paragraph 3 of this Article, shall be made available to the public, in an easily accessible form.”;
Amendment 1534 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 b (new)
Article 1 – paragraph 1 – point 21 b (new)
Directive 2003/87/EC
Article 30 i b (new)
Article 30 i b (new)
(21b) The following article is inserted: “Article 30ib Scientific advice regarding ETS sectors The European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, is invited, on its own initiative, to provide scientific advice and issue reports regarding this Directive, and its consistency with the climates objectives of Regulation (EU) 2021/1119 and the Paris Agreement, in particular with the views of delivering a just transition and informing any subsequent revision of this Directive. All advice presented by the Advisory board pursuant to this article shall be made public, in an easily accessible form. The European Commission shall take due account of the Advisory Board’s advice or publicly justify the reasons for disregarding it.”;
Amendment 1544 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 – subparagraph 1
Article 1 – paragraph 5 – subparagraph 1
In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to the difference between36 % of the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled.
Amendment 1561 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 30d – paragraph 5 a
Article 30d – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 4200 million allowances shall no longer be valid.
Amendment 1567 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
Decision (EU) 2015/1814
Article 1 – paragraph 6
Article 1 – paragraph 6
(ca) paragraph 6 is replaced by the following: "6. In any year, if the total number of allowances in circulation is less than 4200 million, 100 million allowances shall be released from the reserve and added to the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC. Where fewer than 100 million allowances are in the reserve, all allowances in the reserve shall be released under this paragraph. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015D1814- ”; Or. en 20180408&qid=1644763507763)
Amendment 1575 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1 a
Article 1 a
Amendment 1586 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
Decision (EU) 2015/1814
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 1590 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 (new)
Article 3 – paragraph 1 – point -1 (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
Article 2 – paragraph 1
(-1) in Article 2, paragraph 1 is replaced by the following: "1. This Regulation applies to ships above 5 0400 gross tonnage in respect of CO2 and CH4 emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015R0757-”; Or. en 20161216&qid=1644764448427)
Amendment 1594 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 1602 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 b (new)
Article 3 – paragraph 1 – point -1 b (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(-1b) in Article 3, point (c) is replaced by the following: "(c) ‘voyage’ means any movement of a ship that originates from or terminates in a port of call or structures situated on the continental shelf of that Member State (off-shore supply services) and that serves the purpose of transporting passengers or, cargo for commercial purposes; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015R0757- or performing service activities for offshore installations."; Or. en 20161216&qid=1644764448427)
Amendment 1609 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point -a (new)
Article 3 – paragraph 1 – point 4 – point -a (new)
Regulation (EU) 2015/757
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 1618 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
Regulation (EU) 2015/757
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
(5a) in Article 9(1), the second subparagraph is replaced by the following: "Companies may also monitor information relating to the ship's ice class and to navigation through ice, where applicable. in ice conditions, where applicable. For shipping companies aiming to surrender fewer emission allowances on the basis of ships’ ice class or navigation in ice conditions or both under Directive 2003/87/EC monitoring shall include information whether the voyage involved navigation in ice."; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015R0757- 20161216&qid=1644764448427)
Amendment 1619 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 b (new)
Article 3 – paragraph 1 – point 5 b (new)
Regulation (EU) 2015/757
Article 9 – paragraph 2 – point b a (new)
Article 9 – paragraph 2 – point b a (new)
(5b) in Article 9(2), the following point is added: “(ba) the shipping company does not aim to surrender fewer emission allowances on the basis of ships’ ice class or navigation in ice or both under Directive 2003/87/EC.”;
Amendment 1626 #
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 2
Article 10 – paragraph 2
(6a) in Article 10, the second paragraph is replaced by the following: "Companies may monitor information relating to the ship's ice class and to navigation through ice, where applicable. For shipping companies aiming to surrender fewer emission allowances on the basis of ships’ ice class or navigation in ice or both under Directive2003/87/EC the monitoring shall include aggregated CO2 emissions from all voyages that involved navigating in ice conditions and total distance travelled during voyages that involved navigating in ice conditions."; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015R0757- 20161216&qid=1644764448427)
Amendment 1649 #
Proposal for a directive
Annex I – paragraph 1 – point a a (new)
Annex I – paragraph 1 – point a a (new)
Directive 2003/87/EC
Annex I – point 5
Annex I – point 5
(aa) point 5 is replaced by the following: "5. When the capacity threshold of any activity in this Annex is found to be exceeded in an installation, all units in which fuels are combusted, other than units for the incineration of hazardous or municipal waste, shall be included in the greenhouse gas emission permit. ” Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)
Amendment 1657 #
Proposal for a directive
Annex I – paragraph 1 – point -i (new)
Annex I – paragraph 1 – point -i (new)
Directive 2003/87/EC
Annex I – table –row 1
Annex I – table –row 1
Amendment 1664 #
Proposal for a directive
Annex I – paragraph 1 – point c – point vii
Annex I – paragraph 1 – point c – point vii
Directive 2003/87/EC
Annex I – table – last row
Annex I – table – last row
Maritime transport Greenhouse gases covered by Regulation (EU) 2015/757 Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or, cargo for commercial purposes or performing service activities for offshore installations with reported emissions over 1,000 tonnes of CO2 in the previous year (except ships operated under Public Service Obligations or Public Service Contracts).
Amendment 1675 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex III
Annex III
Amendment 1678 #
Proposal for a directive
Annex I – point 2Directive 2003/87/EC
Annex I – point 2Directive 2003/87/EC
Annex III
Amendment 1690 #
Proposal for a directive
Annex I – point 3 – point a – point i
Annex I – point 3 – point a – point i
Directive 2003/87/EC
Annex IV – Part A – Calculation – subparagraph 4
Annex IV – Part A – Calculation – subparagraph 4
The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementingdelegated acts referred to in Article 14, shall be zero.;
Amendment 1693 #
Proposal for a directive
Annex I – point 3 – point b
Annex I – point 3 – point b
Directive 2003/87/EC
Annex IV – Part B – Monitoring – subparagraph 4
Annex IV – Part B – Monitoring – subparagraph 4
The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementingdelegated acts referred to in Article 14, shall be zero.;
Amendment 1696 #
Proposal for a directive
Annex I – point 3 – point c
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – Part C
Annex IV – Part C
Amendment 1701 #
Proposal for a directive
Annex I – point 4
Annex I – point 4
Directive 2003/87/EC
Annex V – Part C
Annex V – Part C
Amendment 1707 #
Proposal for a directive
Annex I – point 4 a (new)
Annex I – point 4 a (new)
Directive 2003/87/EC
Annex V a (new)
Annex V a (new)
Amendment 1710 #
Proposal for a directive
Annex I – point 4 b (new)
Annex I – point 4 b (new)
Regulation (EU) 2018/1999
Annex VIII – Part 3 – subparagraph 1 – point a
Annex VIII – Part 3 – subparagraph 1 – point a
(4b) in Annex VIII to Regulation (EU) 2018/1999, Part 3, first subparagraph, point (a) is replaced by the following: "(a) information on the use of revenues during the year X-1 generated by the Member State by auctioning allowances pursuant to Article 10(1) of Directive 2003/87/EC, including information on such revenue that has been used for one or more of the purposes specified: (i) each project at national level that receives revenues, and the specific contribution made by the revenues to the project; (ii) the consistency of each project with the rules laid out in Articles 10(3) of that Directive, or the equivalent in financial value of that revenue, and the actions taken pursuant to that article; , (3a) and (3c) of Directive 2003/87/EC; (iii) the national department and government official responsible for the report.” Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R1999- 20210729&qid=1644771287459)
Amendment 1711 #
Proposal for a directive
Annex I – point 4 c (new)
Annex I – point 4 c (new)
Regulation (EU) 2018/1999
Annex VIII – part 3 – subparagraph 1 a (new)
Annex VIII – part 3 – subparagraph 1 a (new)
(4c) In Annex VIII, Part 3, to Regulation (EU) 2018/1999, the following subparagraph is inserted: “If deemed necessary, the Commission shall take the necessary arrangements to revise the implementing regulation 2020/1208 setting out the structure, format, submission processes and review of information reported by Member States.”;