709 Amendments of Liudas MAŽYLIS
Amendment 16 #
2022/2195(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Draws attention to the presumable risks of Uzbekistan's possible assistance to Russia in circumventing trade sanctions imposed by the EU; calls for careful monitoring of the situation;
Amendment 128 #
2022/0269(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) As a member of the World Trade Organisation (WTO), the Union is committed to promoting a rules-based, open, multilateral trading system under the WTO. Any measures introduced by the Union that affect trade must be WTO compliant. Further, all measures introduced by the Union that affect trade must take into account the possible response of the Union’s trade partners and ensure that the enforcement of the measure is not perceived as a unilateral protectionist measure.
Amendment 147 #
2022/0269(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Micro, small and medium-sized enterprises (’SMEs’) can have limited resources and ability to ensure that the products they place or make available on the Union market are free from forced labour. The Commission should therefore issue guidelines on due diligence in relation to forced labour, which should take into account also the size and economic resources of economic operators. In addition, the Commission should issue specific guidelines on forced-labour risk indicators and on publicly available information in order to help SMEs, as well as other economic operators, to comply with the requirements of the prohibition who will become affected by this Regulation, as well as other economic operators.
Amendment 148 #
2022/0269(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Taking into account that this Regulation breaches the European Parliament's and Commission's interinstitutional agreement on Better Law-Making by excluding an impact assessment, and thus lacks significant estimates needed to evaluate cost-benefit, the one-in, one-out principle, and WTO compatibility amongst other things, the Commission should create an impact assessment six months after the Regulation's entry into force. The Commission should also submit a comprehensive report to the European Parliament and to the Council on the impact of the Regulation, three years after its applicability. The report shall evaluate the effectiveness of this Regulation in reaching its objectives, in particular, its impact on the eradication of forced labour.
Amendment 151 #
2022/0269(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Given that this Regulation will impose additional compliance costs on economic operators, action needs to be taken to prevent the total level of regulatory and financial burden from increasing. Therefore, in line with the Commission's Better Regulation agenda, and the 'one in, one out' principle, the Commission should present, before the application of this Regulation, proposals offsetting the regulatory and financial burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 170 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and valuesupply chains. Appropriate due diligence means that forced labour issues in the valuesupply chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated.
Amendment 173 #
2022/0269(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure cooperation among competent authorities designated under this and other relevant legislation and in order to ensure consistency in their actions and decisions, competent authorities designated under this Regulation should request information from other relevant authorities, where necessary, on whether economic operators under assessment are subject to and carry out due diligence in relation to forced labour in accordance with applicable Union legislation or Member States legislation setting out due diligence and transparency requirements with respect to forced labour. When requesting information from economic operators, competent authorities should follow the Commission’s Once-Only principle, through increased cooperation and dialogue between authorities who are engaged in overseeing product regulation. An economic operator should not have to submit the same information more than once.
Amendment 185 #
2022/0269(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) During the preliminary phase of investigation, competent authorities should focus on the economic operators involved in the steps of the valuesupply chain where there is a higher risk of forced labour with respect to the products under investigation, also taking into account their size and economic resources, the quantity of products concerned and the scale of the suspected forced labour.
Amendment 188 #
2022/0269(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Competent authorities, when requesting information during the investigation, should prioritise to the extent possible and consistent with the effective conduct of the investigation the economic operators under investigation that are involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and take into account the size and economic resources of the economic operators, the quantity of products concerned, as well as the scale of suspected forced labour.
Amendment 204 #
2022/0269(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Competent authorities that establish that economic operators violated the prohibition, should without delay prohibit the placing and making available of such products on the Union market and their export from the Union, and require the economic operators that have been investigated to withdraw the relevant products already made available from the Union market and have them recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 219 #
2022/0269(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) If the economic operators fail to comply with the decision of the competent authorities by the end of the established timeframe, the competent authorities should ensure that the relevant products are prohibited from being placed or made available on the Union market, exported or withdrawn from the Union market and that any such products remaining with the relevant economic operators are recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management at the expense of the economic operators. Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management.
Amendment 238 #
2022/0269(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The Commission should issue guidelines in order to facilitate the implementation of the prohibition by economic operators and competent authorities. Such guidelines should include guidance on due diligence in relation to forced labour and complementary information for the competent authorities to implement the prohibition. The guidance on due diligence in relation to forced labour should build on the Guidance on due diligence for Union businesses to address the risk of forced labour in their operations and supply chains published by the Commission and the European External Action Service in July 2021. The guidelines should be consistent with other Commission guidelines in this regard and relevant international organisations’ guidelines. The guidelines should include sectoral guidance such as the garment and textile sector, agri-sector and automotive sector, as well as type of supplier such as wholesale, manufacture or smallholder farm. The reports from international organisations, in particular the ILO, as well as other independent and verifiable sources of information should be considered for the identification of risk indicators.
Amendment 256 #
2022/0269(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Where the competent authorities conclude that a product corresponds to a decision establishing a violation of the prohibition, they should immediately inform customs authorities which should refuse its release for free circulation or export. The product should be recycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management, which excludes re-export in case of non-Union goods. . Agricultural products that cannot be recycled, should be donated, or, should this not be possible, destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including legislation on waste management.
Amendment 263 #
2022/0269(COD)
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) The Commission should take into due consideration the risk of disengagement by economic operators who are either related to products, regions or production sites in the data base, or who have had their product removed from the Union market, as well as the consequences on affected workers. The Commission should therefore, where appropriate, support economic operators in adopting and carrying out measures suitable and effective for bringing forced labour to an end.
Amendment 272 #
2022/0269(COD)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) With acknowledgment of current developments in traceability technology and the use of blockhain to facilitate monitoring of supply chains, the Commission should support economic operators in the uptake of such technology, including through financial and technical assistance.
Amendment 282 #
2022/0269(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Since forced labour is a global problem and given the interlinkages of the global value chains, it is necessary to promote international cooperation against forced labour, which would also improve the efficiency of applying and enforcing the prohibition. The Commission should as appropriately cooperate with and exchange information with authorities of third countries and international organisations to create enabling environments to promote and protect human rights, including capacity building to support workers and local communities in their efforts to root out forced labour from global supply chains and enhance the effective implementation of the prohibition. International cooperation with authorities of non-EU countries should take place in a structured way as part of the existing dialogue structures, for example Human Rights Dialogues with third countries, or, if necessary, specific ones that will be created on an ad hoc basis. The Commission should further integrate this Regulation with existing trade measures such as free trade agreements and the Generalised Scheme of Preferences, to enhance the cumulative effect of EU trade measures in eradicating forced labour. This means that in the case where a product has been found to have forced labour, it cannot qualify for GSP tariff reduction. Furthermore, if third country authorities are found to be non-cooperative, or not taking measures to end forced labour within their national borders, the Commission should evaluate whether they should benefit from existing GSP trade facilitation. The Commission should ensure coherence and synergies between relevant external policies, in particular development cooperation and projects focusing on the eradication of forced labour.
Amendment 291 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour. This Regulation contributes to the fight against forced labour and promotes corporate sustainability due diligence standards.
Amendment 298 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall not cover the withdrawal of products which have reached the end-users in the Union market, or been transformed or integrated into another product and constitute minor component of the final product.
Amendment 334 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘economic operator’ means any natural or legal person or association of personsbusiness with more than 1000 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year who is placing or making available products on the Union market or exporting products;
Amendment 352 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘substantiated concern’ means a well-founded reason, based on objective, factual and verifiable information, for the competent authorities to suspect that products were likely made with forced labour;
Amendment 355 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point r – point 1 (new)
Article 2 – paragraph 1 – point r – point 1 (new)
1) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods (including the extraction, harvest, production or manufacturing)
Amendment 356 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point s a (new)
Article 2 – paragraph 1 – point s a (new)
(sa) 'mass balance model' means a chain of custody model in which materials or products with a set of specified characteristics are mixed according to defined criteria with materials or products without that set of characteristics;
Amendment 373 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Competent authorities shall follow a risk-based approach in assessing the likelihood that economic operators violated Article 3. That assessment shall be based on all relevant, factual and verifiable information available to them, including the following information:
Amendment 385 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In their assessment of the likelihood that economic operators violated Article 3, competent authorities shall focus on the economic operators involved in the steps of the valuesupply chain as close as possible to where the risk of forced labour is likely to occur and take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 393 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Before initiating an investigation in accordance with Article 5(1), the competent authority shall request from the economic operators under assessment information on actions taken to identify, prevent, mitigate or bring to an end risks of forced labour in their operations and valuesupply chains with respect to the products under assessment, including on the basis of any of the following:
Amendment 394 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point a a (new)
Article 4 – paragraph 3 – point a a (new)
(aa) any industry scheme, third-party audit or certification from the economic operators' suppliers that guarantees the absence of forced labour;
Amendment 399 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Economic operators shall respond to the request of the competent authority referred to in paragraph 3 within 1530 working days from the day they received such request or make a justified request for an extension of that time limit. Economic operators may provide to competent authorities any other information they may deem useful for the purposes of this Article.
Amendment 424 #
2022/0269(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The competent authority shall duly take into account where the economic operator demonstrates that it carries out due diligence on the basis of identified forced labour impact in its supply chain, adopts and carries out measures suitable and effective for bringing to an end forced labour in a short period of timetheir supply chain.
Amendment 458 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) prioritise the economic operators under investigation involved in the steps of the valuesupply chain as close as possible to where the likely risk of forced labour occurs and
Amendment 462 #
2022/0269(COD)
(b) take into account the size and economic resources of the economic operators, the quantity of products concerned, the complexity of the supply chain as well as the scale of suspected forced labour.
Amendment 476 #
2022/0269(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. When deciding on the time limits referred to in this Article, competent authorities shall consider the size and economic resources of the economic operators concerned as well as the complexity of the supply chain.
Amendment 488 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Competent authorities shall assess all information and evidence gathered pursuant to Articles 4 and 5 and, on that basis, establish and duly motivate whether Article 3 has been violated, within a reasonable period of time from the date they initiated the investigation pursuant to Article 5(1).
Amendment 492 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 505 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) a prohibition to place or make the products or product component concerned available on the Union market and to export them;
Amendment 508 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point b
Article 6 – paragraph 4 – point b
(b) an order for the economic operators that have been subject to the investigation to withdraw from the Union market the relevant products or product component that have already been placed or made available on the market;
Amendment 512 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point c
Article 6 – paragraph 4 – point c
(c) an order for the economic operators that have been subject to the investigation to dispose of the respective products in accordance with national law consistent with Union law or to remove or replace the component of the product that was made with forced labour.
Amendment 542 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where competent authorities establish that economic operators have provided evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminatedadopted appropriate measures to address the risk of forced labour fromin their operations or supply chain or remediated forced labour cases in compliance with the Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 with respect to the products concerned, the competent authorities shall withdraw their decision for the futurelift the market prohibition immediately and inform the economic operators of this decision.
Amendment 553 #
2022/0269(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the findings of the investigation and the information underpinning the findings;evidence that justifies the decision.
Amendment 579 #
2022/0269(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Economic operators that have been affected by a decision of a competent authority pursuant to this Regulation shall have access to a court to review the procedural and substantive legality of the decision. Economic operators shall be entitled to compensation or damages for the prohibition, withdrawal or destruction of products arising from a wrongful decision by a competent authority.
Amendment 594 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point g a (new)
Article 9 – paragraph 1 – point g a (new)
(ga) any court decision to annul competent authority decision referred to in Article 8(5);
Amendment 598 #
2022/0269(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall make available the decisions, and the withdrawals referred to in the paragraph 1, points (c), (d), (e), (g) and (ga) on a dedicated website.
Amendment 613 #
2022/0269(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The competent authority shall, as soon as possible, diligently and impartially assess the information, including whether the claims are well-founded and, inform the person or association referred to in paragraph 1 of the outcome of the assessment of their submission.
Amendment 627 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provide an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or production sites with respect to specific products including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities.
Amendment 642 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission shall ensure that the database is made publicly available by the external expertise at the latest 124 months after the entry into forcebefore the application of this Regulation.
Amendment 645 #
2022/0269(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Economic operators placing or making available on the Union market or exporting products which are not mentioned in the database referred to in paragraph 1 of this Article, or which come from areas that are not mentioned in that database, shall also be required to comply with Article 3in line with Article 4, risk-based approach shall not be considered to have a high risk of violating Article 3, unless serious proof of the contrary is available.
Amendment 661 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
6a. Member States shall confer on their competent authorities the necessary powers to issue an order requiring the providers of online marketplaces to remove products made with forced labour from their online interface, to disable access to it or to display an explicit warning. Such orders shall be issued in accordance with the minimum conditions set out in Article 9(2) of Regulation (EU) 2022/2065.
Amendment 692 #
2022/0269(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) within 4 working days of the suspension, if the competent authorities have not requested the customs authorities to maintain the suspension. In case of perishable products, animals and plants that time limit shall be 2 working days;
Amendment 706 #
2022/0269(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where the release for free circulation or export of a product has been refused in accordance with Article 19, customs authorities shall take the necessary measures to ensure that the product concerned is disposed of in accordance with national law consistent with Union lawrecycled, or should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law, including Union legislation on waste management. Agricultural products that cannot be recycled, should be donated, or, should this not be possible destroyed, rendered inoperable, or otherwise disposed of in accordance with national law consistent with Union law accordance. Articles 197 and 198 of Regulation (EU) No 952/2013 shall apply accordingly.
Amendment 734 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a
Article 23 – paragraph 1 – point a
(a) guidance to the economic operator on due diligence in relation to forced labour, which shall take into account applicable Union legislation setting out due diligence requirements with respect to forced labour, guidelines and recommendations from international organisations, as well as the size and economic resources of economic operators; , different types of suppliers along the supply chain, different sectors and the particular risks associated with forced labour imposed by state authorities. The guidance shall also include advice on how to identify indicators of forced labour in different areas of the supply chain;
Amendment 740 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point a a (new)
Article 23 – paragraph 1 – point a a (new)
(aa) guidance to the economic operators on measures which are suitable and effective for bringing to an end different types of forced labour;
Amendment 741 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point b
Article 23 – paragraph 1 – point b
(b) information on risk indicators of forced labour, including a clear distinction for evaluation between forced labour risks in the private sector and risk of state-imposed forced labour, which shall be based on independent and verifiable information, including reports from international organisations, in particular the International Labour Organization, civil society, business organisations, and experience from implementing Union legislation setting out due diligence requirements with respect to forced labour;
Amendment 747 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d
Article 23 – paragraph 1 – point d
(d) further information to facilitate the competent authorities’ implementation of this Regulation; which includes guidelines regarding the assessment of a notification and identification of indicators of forced labour in the pre-investigation phase and investigation phase. This includes benchmarks for the quantification of 'size of economic operator', 'resources of economic operators', 'quantity of products' and 'scale of forced labour' that will be assessed in order to establish substantiated concern for initiating an investigation. These guidelines should be clearly interpretable to ensure that implementation and enforcement of the measure is horizontal across Member States. Where relevant, the Commission should offer capacity building and training for staff of Member States' competent authorities;
Amendment 750 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point d a (new)
Article 23 – paragraph 1 – point d a (new)
(da) the guidelines should be consistent with guidance provided in accordance with relevant Union legislation;
Amendment 751 #
2022/0269(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point e
Article 23 – paragraph 1 – point e
(e) guidance for the practical implementation of Article 16 and, where appropriate, any other provision laid down in Chapter III of this Regulation, including with regard to the identification and evaluation of risks of forced labour linked to commodities sourced by economic operators through a mass balance approach.
Amendment 757 #
2022/0269(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article23a Specific provisions for SMEs 1. SMEs shall be given special support and guidance in adapting to this Regulation. 2. This support and guidance shall include: a) SME-specific guidelines with due diligence checklist and toolkit on preventing forced labour b) capacity-building, training programme and administrative and technical support on the assessment and the prevention of forced labour; c) support in their outreach to relevant suppliers and other actors;
Amendment 759 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation as well as other relevant due diligence legislation within the Union, thereby making enforcement more effective and coherent.
Amendment 774 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f
Article 24 – paragraph 3 – point f
(f) to promote the cooperation and exchange of expertise and best practices between competent authorities and customs authorities; as well as international organisations such as the World Customs Organisation and National Contact Points for the OECD Guidelines for Multinational Enterprises. The Network shall also maintain regular contact with the Commission's relevant services to receive relevant information from other EU initiatives that support the eradication of forced labour.
Amendment 779 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
Article 24 – paragraph 3 – point f a (new)
(fa) identify discrepancies between enforcement at the level of different EU Member States;
Amendment 781 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 3 – point f b (new)
Article 24 – paragraph 3 – point f b (new)
Amendment 784 #
2022/0269(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall organise and chair regular meetings of the Network and shall support and encourage cooperation between enforcement authorities through the Network and participate in the meetings of the Network.
Amendment 789 #
2022/0269(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article24a Support The Network shall support economic operators under investigation to undertake corrective action in line with Article 4(6) and Article 6(6) where the risk of forced labour has been identified to: a) correct the potential risk of forced labour before launching an investigation and b) avoid the last resort of disengagement if the economic operator is deemed violating Article 3. This shall include having dialogue with authorities operating in the region where forced labour has been identified as well as on national level. In the case where disengagement must take effect and economic operators become victim to a third country punitive measure, the Commission shall provide political, administrative or financial support.
Amendment 796 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission mayshall, as appropriate cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. The Commission shall have regular contact and cooperation with countries that have similar legislation in place, to share information of risk products or regions as well as best practices for bringing to an end forced labour. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 806 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 – subparagraph 1 (new)
Article 26 – paragraph 2 – subparagraph 1 (new)
Cooperation with third countries shall be integrated with other EU policies and instruments that include measures to eradicate forced labour, including free trade agreements, the Generalised Scheme of Preferences, and development cooperation projects led by the Commission.
Amendment 811 #
2022/0269(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article27a Regulatory monitoring and adjustment The Commission shall present, before the application of this Regulation, in line with the 'one in, one out' principle, proposals offsetting the regulatory and financial burdens introduced by this Regulation through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for economic operators.
Amendment 821 #
2022/0269(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The Member States shall, by [OP enter DATE = 2430 months from its entry into force of this Regulation], notify those provisions to the Commission, where they have not previously been notified, and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 827 #
2022/0269(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Amendment 831 #
2022/0269(COD)
Proposal for a regulation
Article 31 a (new)
Article 31 a (new)
Amendment 279 #
2022/0196(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATIONDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the sustainable use of plant protection products and amending Regulation (EU) 2021/2115 The word "Regulation" should be replaced throughout the whole text with the word "directive".
Amendment 289 #
2022/0196(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Article 39 of the Treaty on the Functioning of the European Union sets out the clear objective that supplies should be secured and that food should be available to consumers at reasonable prices.
Amendment 291 #
2022/0196(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Directive 2009/128/EC of the European Parliament and of the Council37 established a framework to achieve a sustainable use of pesticidelant protection products by reducing the risks and impacts of the use of pesticidelant protection products on human health and the environment. The evaluation38 of that Directive found that it has not achieved its overall objectives and that the Member States did not implement it in a satisfactory manner. This conclusion was confirmed in reports from the Commission to the European Parliament and Council in 201739 and 202040 . (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) __________________ 37 Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71). 38 [Reference to be inserted.] 39 Report from the Commission to the European Parliament and the Council on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2017)587 final. 40 Report from the Commission to the European Parliament and the Council on the experience gained by Member States on the implementation of national targets established in their National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2020) 204 final.
Amendment 292 #
2022/0196(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Directive 2009/128/EC of the European Parliament and of the Council37 established a framework to achieve a sustainable use of pesticides by reducing the risks and impacts of the use of pesticides on human health and the environment. The evaluation38 of that Directive found that it has not achieved its overall objectives and that the Member States did not implement it in a satisfactory manner. This conclusion was confirmed in reports from the Commission to the European Parliament and Council in 201739 and 202040 . __________________ 37 Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, p. 71). 38 [Reference to be inserted.] 39 Report from the Commission to the European Parliament and the Council on Member State National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2017)587 final. 40 Report from the Commission to the European Parliament and the Council on the experience gained by Member States on the implementation of national targets established in their National Action Plans and on progress in the implementation of Directive 2009/128/EC on the sustainable use of pesticides COM(2020) 204 final.
Amendment 301 #
2022/0196(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The European Parliament resolution of 12 February 2019 on the implementation of Directive 2009/128/EC on the sustainable use of pesticides41 noted that the Union must act without delay to transition to a more sustainable use of pesticides and called on the Commission to propose an ambitious Union-wide binding target for the reduction of pesticide use. The European Parliament re-affirmed its call for binding reduction targets in its resolution of 20 October 2021 on a Farm to Fork Strategy for a fair, healthy and environmentally- friendly food system42 . __________________ 41 P8_TA(2019)0082, 12 February 2019. 42 P9_TA(2021)0425, 20 October 2021.
Amendment 302 #
2022/0196(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The European Parliament resolution of 21 March 2022 on the need for an urgent EU action plan to ensure food security inside and outside the Union in light of Russian invasion in Ukraine noted that the Union must act to implement measures and use available tools to strengthen their food supply chains.
Amendment 305 #
2022/0196(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 314 #
2022/0196(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The rules concerning biocidal products are laid down in Regulation (EU) No 528/2012 of the European Parliament and of the Council46 , and an evaluation of that Regulation is planned. It is therefore not appropriate to introduce new rules on the use of biocidal products in this Regulationn order to achieve the goals, it is necessary that the regulation mentioned should be revised, especially with regard to the approval period and test mechanism. __________________ 46 Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
Amendment 336 #
2022/0196(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 346 #
2022/0196(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In the final report of the Conference on the Future of Europe, published on 9 May 2022, when it comes to the proposals on agriculture, food production, biodiversity and ecosystems, pollution, citizens ask the Union in particular to significantly reduce the use of chemical pesticides and fertilizers, in line with the existing targets, while still ensuring food security, and support for research to develop more sustainable and natural- based alternatives. Citizens ask for more research and innovations, including in technological solutions for sustainable production, plant resistance, and precision farming, and more communication, advisory systems, and training for and from farmers as well as asking the Union to protect insects, in particular indigenous and pollinating insects.55 __________________ 55 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposals 1 and 2, pp. 43-44.
Amendment 360 #
2022/0196(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Biological control agents are aplant protection products are a possible sustainable control alternative to the use of chemical products for the control of harmful organismlant protection products. As noted in Council Decision (EU) 2021/110257 , biological control agenplant protection products have a growing importance in sustainable agriculture and forestry and have an instrumental role to play in the success of integrated pest management and organic farming. Access to biological controlplant protection products facilitates moving away from chemical plant protection products. It is appropriate to encourage farmers to switch to low input agricultural methods including organic farming. It is therefore appropriate to define the concept of biological control as a basis for Member States to set indicative targets to increase the percentage of crops on which biological control agents are used. __________________ 57 Council Decision (EU) 2021/1102 of 28 June 2021 requesting the Commission to submit a study on the Union’s situation and options regarding the introduction, evaluation, production, marketing and use of invertebrate biological control agents within the territory of the Union and a proposal, if appropriate in view of the outcomes of the study (OJ L 238, 6.7.2021, p. 81).
Amendment 366 #
2022/0196(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 383 #
Amendment 405 #
2022/0196(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Member States should draft and publish national action plans. In order for the Member State national action plans to be effective, they should contain quantitative objectives, references to binding national 2030 reduction targets as , outlining possible ways to reduce the uset out in national law, together with related indicative targets set out in the national action plans, measures, timetables and indicators to reduce risks and impacts of pesticide use on human health and the environment. This will allow for a structured approach to the setting of quantitative objectives and targets, with a clear link to the national 2030 reduction targets. In order to monitor comf plant protection products in a sustainable manner. The national action pliance with the provisions of this Regulation, Member States should also be required to report annually on targets and precise quantitative data relating to compliance with provisions on use, training, application equipment and integrated pest managements shall be submitted to the European Commission.
Amendment 425 #
2022/0196(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to achieve the Union-wide reduction targets (‘Union 20305 reduction targets’) as well as national 2030 reduction targets, it is necessary to increase the availability and use of biological control and other non-chemical alternatives. Availability of these alternativelow hazardous plant protection products as wiell incentivise the adoption of low pesticide-input pest management practices such as organic farmingas in precision farming and new types of application.
Amendment 439 #
2022/0196(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The implementation of policies and measures in the areas of sustainable use of plant protection products has an impact on the environment, public health and working conditions. Member States should therefore ensure that the public and social partners are given sufficient opportunities to participate in and to be consulted on the preparation of Member State national action plans in accordance, where applicable, with Directive 2001/42/EC of the European Parliament and of the Council58 shall be informed on the national action plans. __________________ 58 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
Amendment 444 #
2022/0196(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure consistency and complementarity with related legislation, Member State national action plans should take into account Directive 2009/147/EC of the European Parliament and of the Council59 , Council Directive 92/43/EEC60 , Directive 2000/60/EC of the European Parliament and of the Council61 , Council Directive 91/676/EEC62 , Directive 2008/50/EC of the European Parliament and of the Council63 , Directive (EU) 2016/2284 of the European Parliament and of the Council64 and Regulation xxx/xxx on nature restoration [reference to adopted act to be inserted] and should be consistent with the Common Agricultural Policy (“CAP”) Strategic Plans drawn-up in accordance with Regulation (EU) 2021/2115 of the European Parliament and of the Council65 . __________________ 59 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7). 60 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 61 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1). 62 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1). 63 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1). 64 Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1). 65 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
Amendment 453 #
2022/0196(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Economic instruments, including those unaccess to new financial instruments outsider the CAP that provide support to farmers, can play a crucial role in the achievement of objectives relating to the sustainable use of plant protection products and, in particular, reducing the use of chemical plant protection products. Member States have to show in their national CAP Strategic Plans that their implementation of the CAP contributes to and supports other relevant Union legislation and their objectives, including objectives under this Regulation.
Amendment 466 #
2022/0196(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) An approach to pest controllant protection that follows integrated pest management in ensuring careful consideration of all available means that discourage the development of populations of harmful organisms, while keeping the use of chemical plant protection products to levels that are economically and ecologically justified and minimising risks to human health and the environment is necessary for the protection of human health and the environment. ‘Integrated pest management’ emphasises the growth of a healthy crop with the least possible disruption to agro-ecosystems, encourages natural pest control mechanisms and uses chemical control only when all other control means are exhausted. To ensure that integrated pest management is implemented consistently on the ground, it is necessary to lay down clear rules in this Regulation. In order to comply with the obligation to follow integrated pest management, a professional user should consider and implement all methods and practices that avoid the use of plant protection products. Chemical plant protection products should only be used when all other control means have been exhausted. In order to ensure and monitor compliance with this requirement, it is important that professional users keep a record of the reasons why they apply plant protection products or the reasons for any other action taken in line with integrated pest management and of advice received in support of their implementation of integrated pest management from independent advisors or there is a risk of a significant loss of yield or quality. These records are also required for aerial applications.
Amendment 481 #
2022/0196(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) To avoid unnecessary duplication, the Commission should establishmay provide a standard template for Member States to integrate records kept by professional users of actions taken in line with integrated pest management with those kept under Article 67 of Regulation (EC) No 1107/2009.
Amendment 484 #
2022/0196(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to facilitate compliance with integrated pest management, it is necessary to lay down crop-specific rulguidelines that a professional user mustay follow in relation to the specific crop and region in which the professional user operates. Such rulguidelines should convert the requirements of integrated pest management into verifiable criteria that apply to the specific crop. To ensure that the crop-specific rules are in accordance with the requirements of integrated pest management, detailed rules should be laid down as to what they should contain and the Commission should verify their development, implementation and enforcement on the grounddetermine the requirements of integrated pest management.
Amendment 491 #
2022/0196(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to verify compliance by professional users with integrated pest management, an electronic integrated pest management and plant protection product use register should be maintained with the aim of verifying compliance with the rules on integrated pest management set out in this Regulation and supporting the development of Union policy. Access to the register should also be granted to national statistical authorities for the development, production and dissemination of official statistics in accordance with Chapter V of Regulation (EC) No 223/2009 of the European Parliament and of the Council66 . This register should record any preventative measure or intervention and the reasons for that preventative measure or intervention. This will provide the competent authorities with the information necessary to verify whether a professional user has carried out a decision-making process, in accordance with integrated pest management, before determining the specific preventative measure or intervention. The register should also contain details in relation to advice required annually in support of integrated pest management in order to verify that such strategic longer term planning in relation to integrated pest management is taking place. __________________ 66 Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).
Amendment 500 #
2022/0196(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure that plant protection products and related application equipment are used in a manner that protects human health, the health of a professional user and the environment, it is necessary to provide for general requirements on professional users in relation to the training required to use certain plant protection products or application equipment, the use of more hazardous plant protection products and the need to comply with inspection requirements for application equipment in professional use.
Amendment 521 #
2022/0196(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The aquatic environment and drinking water supplies are especially sensitive to plant protection products. In order to protect the aquatic environment, the use of plant protection products in and around surface waters areas should therefore be prohibited. Member States should have in place appropriate measures to avoid deterioration of surface and groundwater as well as coastal and marine waters and allow achievement of good surface and groundwater status, to protect the aquatic environment and drinking water supplies from the impact of plant protection products. In addition, ibe restricted as far as possible and only permitted under clearly defined exceptions. It is important that professional users, during compulsory training, are trained in how to minimise or eliminate applications of certain plant protection products classified as “harmful to aquatic life with long lasting effects”, “very toxic to aquatic life with long lasting effects” or “toxic to aquatic life with long lasting effects”. It is also important that professional users arshall be trained during compulsory training on the importance of giving preference to low risk plant protection products or non-chemical alternatives, use of drift reducing technology and risk mitigation measures.
Amendment 529 #
2022/0196(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Precision farming refers to agricultural management systems carefully tailoring crop managementsuch as cultivation, crop protection or fertilization to fit localised conditions such as those found within land parcels. The application of existing technology, including the use of Union space data and services (Galileo and Copernicus), has the potential to significantly reduce pesticide usage. It is therefore necessary to provide for a legislative framework that incentivises the development of precision farming. Application of plant protection products from an aircraft, including application by planes, and helicopters and drones, is usually less precise than other means of application and may therefore potentially cause adverse impacts on human health and the environment. Aerial manned application should therefore be prohibited, with limited derogations on a case-by-case basis where it has a less negative impact on human health and the environment than any alternative application method or there is no viable alternative application method. It is also necessary to record the numbers of aerial applications carried out on the basis of permits granted for aerial application in order to have clear data on how many aerial applications for which permits were granted actually took place.
Amendment 536 #
2022/0196(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) It is however likely that certain unmanned aircraft (including drones) will allow for the targeted aerial application of plant protection products. Such unmanned aircraft are likely to help reduce the use of plant protection products due to targeted application and consequently help reduce the risks to human health and the environment compared to use of land- based application equipment. It is therefore appropriate to set criteria in this Regulation for an exemption of certain unmanned aircraft from the prohibition of aerial application. It is also appropriate to defer the application of this exemption for 3 years given the current state of scientific uncertainty.
Amendment 544 #
2022/0196(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Given the importance of advice on the use of plant protection products as a means to support their use in a manner that protects human health and the environment in accordance with integrated pest management, it is important that advisors are adequately and continuously trained.
Amendment 548 #
2022/0196(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Sale of a plant protection product is an important element in the distribution chain because it allows distributors to provide the necessary information to support its proper use. Specific advice on safety instructions for human health and the environment should be available to the purchaser or end user at the time of sale in order to allow questions to be answered that will facilitate the correct use of the relevant plant protection product. For non- professional users, general information should be available under applicable law at point of sale on safe use, handling and storage of plant protection products and on disposal of the packaging of such products, since those users do not generally have the same practical knowledge as professional users.
Amendment 551 #
2022/0196(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) It is essential that Member States establish and maintain systems of both initial and follow-up training for distributors,systems for advisors and professional users of plant protection products and certification systems to record such training, in order to ensure that those operators are fully aware of the potential risks to human health and the environment and of the appropriate measures to reduce those risks as much as possible. The training for advisors should be more extensive than that of distributors and professional users since they need to be able to support the proper implementation of integrated pest management and crop- specific rulguidelines. The use or purchase of a plant protection product authorised for professional use must be limited to persons in possession of a training certificate. In addition, in order to ensure safe use of plant protection products for human health and the environment, distributors should be required to provide both professional and non- professional purchasers of plant protection products with product specific information at point of sale.
Amendment 556 #
2022/0196(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure a planned approach to harmful organism control techniquesplant protection control across a number of growing seasons with a view to minimising the use of chemical plant protection products as much as possible and to ensure a proper implementation of integrated pest management, professional users should be required to regularly consult trained, independent advisors on pest management, so that plant protection products are only used as a last resort.
Amendment 563 #
2022/0196(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Considering the possible risks to human health and the environment from the use of plant protection products, the public should have access to better information on the overall impacts of the use of such products through awareness- raising programmes, information passed on through distributors and other appropriate measures.
Amendment 565 #
2022/0196(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 572 #
2022/0196(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to minimise the adverse impacts of plant protection products on human health and the environment, it is necessary to provide for systems for regular technical inspection of application equipment in professional use. Given the potentially reduced impact of application equipment in professional use which represents a very low scale of use, it is also appropriate to allow Member States to lay down less stringent inspection requirements and provide for different inspection intervals in relation to such equipment. In addition, due to the relatively low cost of purchasing new handheld application equipment and knapsack sprayers compared to the costs of inspection, it is appropriate to provide for the possibility of national derogations from the mandatory inspection of such equipment, subject to the carrying out of a risk assessment covering the risks to human health and the environment posed by such equipment. That assessment should include an estimation of the scale of use of the equipment. To ensure compliance with the inspection requirements, it is necessary to require that each Member State establish a register of application equipment in professional use and keep that register up to date. As some of the application equipment does not have unique IDs, it is necessary to make provision for the supply of a unique ID to such application equipment to ensure that all equipment is physically identified. The member states are required to ensure through regular checks that the application devices are subject to ongoing testing.
Amendment 578 #
2022/0196(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to monitor progress achieved in the reduction of risks and adverse impacts to human health and the environment from the use of plant protection products it is necessary to continue using the system of harmonised risk indicators established under Directive (EU) 2009/128/EC and ensure that an ongoing evaluation of the system is carried out.
Amendment 579 #
2022/0196(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 595 #
2022/0196(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 609 #
2022/0196(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 618 #
2022/0196(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The EU Biodiversity Strategy for 2030 recognises the need for urgent action to protect biodiversity. There is evidence of a widespread reduction of species, in particular insects and pollinators, in the Union. Biodiversity loss is, amongst other factors, driven by the use of plant protection products, while Member States actions under current Union policy instruments have not yet been able to stop this trend of biodiversity loss and globally. It is therefore essential to ensure that plant protection products are used in such a way as to mitigate the risk of harmful effects of such products on wildlife, through a number of measures including training, inspection of application equipment in professional use and protection of the aquatic environment and sensitive areas.
Amendment 625 #
2022/0196(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In order to enforce the obligations set out in this Regulation, Member States should lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are enforced. The penalties should be effective, proportionate and dissuasive. It is also important to provide for Member States to recover costs related to carrying out obligations under this Regulation by means of fees or charges in order to ensure that adequate financial resources are available to competent authorities.
Amendment 633 #
2022/0196(COD)
Proposal for a regulation
Recital 44
Recital 44
Amendment 638 #
2022/0196(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 641 #
2022/0196(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) In order to assess whether this Regulation reaches its objectives effectively and efficiently, is coherent and still relevant and provides added value at Union level the Commission should carry out an evaluation in 2027, with a special focus on the required points of the Council Decision (EU) 2022/2572 of 19 December 2022 by which the Commission has been requested to submit a study complementing the impact assessment of the proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products, and amending Regulation (EU) 2021/2115 of the European Parliament and of the Council (‘SUR proposal’) of this Regulation.
Amendment 644 #
2022/0196(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 656 #
2022/0196(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The implementation of this Regulation by Member States will result in new and enhanced obligations for farmers and other pesticides users. Some of them constitute statutory management requirements and standards of good agricultural and environmental conditions of land as listed in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council78 , which, in accordance with that Regulation, farmers must comply with to receive CAP payments, whereas other requirements, which go beyond the baseline of mandatory requirements, may be rewarded with additional payments under voluntary regimes like eco-schemes pursuant to Article 31 of Regulation (EU) 2021/2115. Article 31(5), points (a) and (b), and Article 70(3), points (a) and (b), of Regulation (EU) 2021/2115 provide that the CAP funding is only available for practices implemented under an eco- scheme or agri-environmental-climate commitment which go beyond the relevant statutory management requirements and the standards of good agricultural and environmental conditions of land established under that Regulation and the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant mandatory requirements established by national and Union law. Since farmers and other users need to be financially supported in their transition toward a more sustainable use of pesticides, Regulation (EU) 2021/2115 needs to be amended to allow the financing of requirements imposed in accordance with this Regulation during a transitional periodit is necessary to provide access to new financial resources and also ensure that no CAP funding should be used in this context. This exceptional option for Member States to provide additional funding for measures taken in implementing this Regulation should apply to any obligation for farmers and other users resulting from the application of this Regulation, including compulsory farming practices imposed by the crop-specific rules for integrated pest management. Further, pursuant to Article 73(5) of Regulation (EU) 2021/2115, investments by farmers to comply with new requirements imposed by Union law may be supported for a maximum of 24 months from the date on which they become mandatory for the holding. Similarly, a longer transition period should be set out for investments complying with requirements imposed on farmers in accordance with this Regulation. Regulation (EU) 2021/2115 should therefore be amended accordingly. __________________ 78 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1.
Amendment 662 #
2022/0196(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The application of this Regulation should be deferred in order to allow competent authorities and operators to prepare for the requirements introduced by it, and shall enter into force the earliest after 18 months.
Amendment 2147 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 3 – introductory part
Article 18 – paragraph 3 – introductory part
3. By way of derogation from paragraph 12a, a competent authority designated by a Member State may permit a professional user to use a plant protection product in a sensitive area for a limited period with a precisely defined start and end date that is the shortest possible but does not exceed 60 days, provided that all of the following conditions are met:
Amendment 2159 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 2166 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 2176 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 2181 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 7
Article 18 – paragraph 7
Amendment 2187 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8
Article 18 – paragraph 8
Amendment 2195 #
2022/0196(COD)
Proposal for a regulation
Article 18 – paragraph 8 a (new)
Article 18 – paragraph 8 a (new)
8a. The measures referred to in Article 18 remain Union and national law as well as the restrictions of the competent authorities in the field of control and containment of quarantine pests, pests referred to in Articles 29 and 30 of Regulation (EU) 2016/2031, vectors of the above pests and invasive species unaffected.
Amendment 2204 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The use of all plant protection products is prohibited on all surface waters and within 3 metres of such waters. This 3 metre buffer zone shall not be reduced by using alternative risk-mitigation techniques; Along water bodies which, according to the national water management plan, have a "moderate", "unsatisfactory" or "poor" ecological status as a result of substance pollution in accordance with the EU Water Framework Directive (Directive 2000/60/EC), the use of all plant protection products is prohibited on a width of at least 10 m to standing water bodies and at least 5 m to flowing water bodies.
Amendment 2236 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b – introductory part
Article 20 – paragraph 2 – point b – introductory part
(b) the aerial application has a less negative impact on human health and the environment than any alternative application method either because the aerial application equipment can be deployed on the relevant terrain in a faster timescale than land-based equipment and avoids a situation where the number of plant pestathogens increases due to the longer time period required for land-based deployment or because it minimizes soil erosiondamages to the soil structure when adverse weather conditions make the land unsuitable for land vehicles, and all of the following conditions are met:
Amendment 2240 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b – point ii
Article 20 – paragraph 2 – point b – point ii
(ii) the aircraft is equipped with accessories that constitute the best available technology to accurately applyies the plant protection products and to reduces spray drift;
Amendment 2242 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b – point iii
Article 20 – paragraph 2 – point b – point iii
Amendment 2251 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 4 – point c
Article 20 – paragraph 4 – point c
Amendment 2253 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 4 – point d
Article 20 – paragraph 4 – point d
(d) the name of the plant protection product or products or the active ingredient;
Amendment 2255 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 4 – point e
Article 20 – paragraph 4 – point e
Amendment 2256 #
2022/0196(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 2268 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where certain categories of unmanned aircraft fulfil the criteria set out in paragraph 2, a Member State may exempt aerial application by such unmanned aircraftircrafts pursuant to Article 2 shall be exempted from the prohibition laid down in Article 20(1) prior to any aerial application of plant protection products.
Amendment 2271 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. An aerial application by an unmanned aircraft may be exempted by the Member State from the prohibition laid down in Article 20(1) where factors related to the use of the unmanned aircraft demonstrate that the risks from its use are lower than the risks arising from other aerial equipment and land-based application equipment. These factors shall include criteria relating toMember states may create a register listing makes of unmanned aerial vehicles available for the application of plant protection products up to 6 months after the entry into force of this regulation. Member States can use the following criteria for the register:
Amendment 2277 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) the weather conditions, including wind speed in which the unmanned aerial vehicle can be operated;
Amendment 2279 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point d
Article 21 – paragraph 2 – point d
Amendment 2282 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point e
Article 21 – paragraph 2 – point e
(e) potential use of unmanned aircraft in conjunction with real time kinematic precision farming in certain cases;
Amendment 2283 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point f
Article 21 – paragraph 2 – point f
Amendment 2286 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 – point g
Article 21 – paragraph 2 – point g
Amendment 2287 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Member States have the possibility to set criteria for the use of unmanned aerial vehicles, for example: (1) to set the level of training required for pilots operating an unmanned aircraft;
Amendment 2292 #
2022/0196(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 40 supplementing this Regulationcan supplement this Regulation and inform the Member States to specify precise criteria in relation to the factors set out in paragraph 2 once technical progress and scientific developments allow for the development of such precise criteria.
Amendment 2295 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. By … [OP: please insert the date of application of this Regulation], Member States shall have in place effective measures and establish the necessary structures to facilitate in a manner that does not endanger human health or the environment, the safe disposal of any unused plant protection products, any dilute solupreparations containing plant protection products and any packaging of plant protection.
Amendment 2300 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 2303 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 1
Article 22 – paragraph 4 – subparagraph 1
Manufacturers, distributors and professional users shall ensure that plant protection products are stored in specific storage facilities for plant protection products that are constructed in such a way as to prevent unwanted releases and are marked as storage facilities for plant protection products.
Amendment 2305 #
2022/0196(COD)
Proposal for a regulation
Article 22 – paragraph 4 – subparagraph 2
Article 22 – paragraph 4 – subparagraph 2
Manufacturers, distributors and professional users shall ensure that location, size, ventilation and construction materials of the storage facility are suitable to prevent unwanted releases and to protect human health and the environment.
Amendment 2312 #
2022/0196(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Advice on the use of a plant protection product to a professional user may only be given by an advisor for whom a training certificate has been issued for following courses for advisors in accordance with Article 25 or who has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2325 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A distributor shall only sell a plant protection product authorised for professional use to a purchaser or his or her representative when that distributor has checked, at the time of purchase, that the purchaser or representative is a professional user and holds a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5).
Amendment 2333 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. Where a purchaser is a legal person, a distributor may sell a plant protection product authorised for professional use to a representative of the purchaser of the plant protection product when that distributor has checked, at the time of purchase, that the representative is the holder of a training certificate for following courses for professional users issued in accordance with Article 25 or has a proof of entry in a centraln electronic register for following such courses in accordance with Article 25(5).
Amendment 2336 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. A distributor shall direct a purchaser of a plant protection product to read its label prior to use and to use the product in accordance with the instructions on the label and shall inform the purchaser of the website referred to in Article 27.
Amendment 2346 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. Each distributor shall ensure that it has sufficient staff that hold a training certificate for following courses for distributors issued in accordance with Article 25 or has a proof of entry in a central electronic register for following such courses in accordance with Article 25(5) available at the time of sale to provide adequate responses to purchasers of plant protection products at the moment of sale on their use, related health and environmental risks and the appropriate safety instructions to manage those risks if questioned.
Amendment 2349 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
Amendment 2354 #
2022/0196(COD)
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Amendment 2365 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point b
Article 25 – paragraph 1 – point b
Amendment 2369 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 1 – point c
Article 25 – paragraph 1 – point c
(c) extensive tTraining for advisors on the subjects listed in Annex III with particular emphasis on the application of integrated pest management.
Amendment 2376 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Each Member State shall designate a competent authority or authorities responsible for the implementation of the system for the training and certification of all training referred to in paragraph 1 and for issuing and renewing training certificates, updating the central electronic register, providing proof of entry in the central electronic registerproviding proof and overseeing that the tasks referred to in paragraph 1 are carried out by the body that provided the training.
Amendment 2382 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – introductory part
Article 25 – paragraph 4 – introductory part
4. A training certificate or an entry in a central electronic register shall contain the following information:
Amendment 2385 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point b
Article 25 – paragraph 4 – point b
Amendment 2395 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 4 – point g
Article 25 – paragraph 4 – point g
(g) the validity period of the training certificate or entry in the central electronica register.
Amendment 2401 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. A competent authority designated in accordance with paragraph 2 shall provide electronic proof of entry in a central electronic register to a professional user, distributor or advisor at the time the entry is made. Such electronic proof shall include a record of the period of validity of the entry in the central electronic register.
Amendment 2404 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 6
Article 25 – paragraph 6
6. A training certificate or an entry in a centraln electronic register shall be valid for 106 years in the case of an independent distributor or professional user and for 5 years in the case of an advisor. Trainings may at last partially also be delivered in a virtual format, where appropriate and feasible.
Amendment 2410 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 7
Article 25 – paragraph 7
7. Subject to paragraph 6, a training certificate or an entry in a central electronic register shall only be made or renewed if the holder of the certificate or the person whose name has been entered in the central electronic register demonstrates satisfactory completion of an initial and follow up training or extensive training referred to in paragraph 1, point (a) or (c).
Amendment 2414 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 9
Article 25 – paragraph 9
9. A competent authority designated in accordance with paragraph 2 or an appointed body referred to in paragraph 1 shall withdraw a training certificate if it was incorrectly issued or renewed or shall correct an entry in the central electronica register if it was incorrectly introduced.
Amendment 2417 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 10
Article 25 – paragraph 10
Amendment 2425 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. EWithin 6 months after entering into force, each Member State shall designate a competent authority to establish, oversee and monitor the operation of a system of independent advisors for professional users. That system may make use of the impartial farm advisors referred to in Article 15 of Regulation (EU) No 2021/2115, who must be regularly trained and can be funded under Article 78 of the same regulation.
Amendment 2429 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The competent authority referred to in paragraph 1 shall ensure that any advisor registerindependent advisor must be able to demonstrate, if requested inby the system referred to in that paragraph (‘competent authority in accordance with paragraph 1, that the independent advisor’) is free from any conflict of interest and, in particular, is not in a situation which, directly or indirectly, could affect their ability to carry out their professional duties in an impartial manner.
Amendment 2438 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. Each professional user shall consult an independent advisor at least once aevery 6 years for the purposes of receiving the strategic advice referred to in paragraph 4.
Amendment 2448 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point c
Article 26 – paragraph 4 – point c
(c) precision farming techniques, including use of space data and services;
Amendment 2451 #
2022/0196(COD)
Proposal for a regulation
Article 26 – paragraph 4 – point e
Article 26 – paragraph 4 – point e
(e) where chemical plant protection products are necessary, mMeasures to effectively minimise risks to human health and the environment, in particular to biodiversity, including pollinators, from such use, including risk mitigation measures and techniques.
Amendment 2458 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Each Member State shall designate a competent authority to provide information to the public, in particular through awareness-raising programmes, on the occurrence of harmful organisms and the associated risks for food quality and in relation to the risks associated with the use of plant protection products.
Amendment 2463 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The competent authority referred to in paragraph 1 shall establish a website or websites dedicated to providing information on the appearance of harmful organisms and on risks associated with the use of plant protection products. That information may be provided directly or by providing links to relevant websites of other national or international bodies.
Amendment 2468 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point a
Article 27 – paragraph 3 – point a
(a) the potentialrisk assessments that plant protection products must undergo before authorization and in the event of an extension or re-authorisation, and the scientific arguments for the safe use of plant protection products and the risks to human health and the environment throug, with acute or chronic effects relatingwhich may be due to the use of plant protection products;
Amendment 2475 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point a a (new)
Article 27 – paragraph 3 – point a a (new)
(aa) The occurrence and spread of the most important pests and their impact on plants and crops.
Amendment 2489 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point e
Article 27 – paragraph 3 – point e
Amendment 2494 #
2022/0196(COD)
Proposal for a regulation
Article 27 – paragraph 3 – point g
Article 27 – paragraph 3 – point g
Amendment 2497 #
2022/0196(COD)
Proposal for a regulation
Article 28 – title
Article 28 – title
Information on acute and chronic poisoning and occupational diseases
Amendment 2500 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Each Member State shall designate a competent authority to maintain or put in place systems for gathering and keepingThe European Commission is developing, maintaining and setting up a system within the framework of the European Occupational Diseases Statistics (EODS) to collect the following information on acute and chronic cases of poisoning incidents arising fromand occupational diseases as a result of exposure of persons to plant protection products: within 2 years of the entry into force of this regulation includes the following points:
Amendment 2512 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point e a (new)
Article 28 – paragraph 1 – point e a (new)
(ea) Medical certificate on the case of poisoning
Amendment 2513 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 2 – introductory part
Article 28 – paragraph 2 – introductory part
2. By 31 AugustDecember every year, each Member State shall submit to the Commission shall publish a report containing the following information:
Amendment 2516 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b
Article 28 – paragraph 2 – point b
Amendment 2518 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The Commission shall adopt implementing acts to establish the format for the submission of the information and data referred to in paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 41(2)is obligated to guarantee that sensitive data is collected with due regard to data protection and only entered into the system with explicit consent from the data subject.
Amendment 2519 #
2022/0196(COD)
Proposal for a regulation
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. The Member States may refer to the system for recording acute and chronic poisoning and occupational diseases on a publicly accessible website.
Amendment 2524 #
2022/0196(COD)
Proposal for a regulation
Article 29 – title
Article 29 – title
Amendment 2531 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. By … [OP please insert the date = first day of the month following 9 months after the date of entry into force of this Regulation], an owner of application equipment in professional use shall enter the fact that he or she is the owner of the application equipment in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the Member State in which the owner uses the equipment has exempted that equipment from inspection in accordance with Article 32(3).
Amendment 2533 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. If application equipment in professional use is sold, the seller and the buyer shall enter the fact of the sale, within 360 days after the sale, in the electronic register of application equipment in professional use referred to in Article 33, using the form set out in Annex V, unless the application equipment in professional use has been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3). A similar obligation to enter a transfer of ownership in the electronic register applies in the case of any other changes of ownership of application equipment in professional use that has not been exempted from inspection in the relevant Member State(s) in accordance with Article 32(3). An exception to the recording of application devices in the register within 60 days applies in the context of a family farm takeover and must be made no later than the next due inspection for plant protection devices.
Amendment 2538 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
Amendment 2540 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
Amendment 2542 #
2022/0196(COD)
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 40 amending Annex V in order to take into account technical progress and scientific developments.
Amendment 2545 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point a
Article 30 – paragraph 1 – subparagraph 1 – point a
(a) establish and maintain a central electronic register to record information on all application equipment in professional use in the Member State;
Amendment 2549 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 1 – point b
Article 30 – paragraph 1 – subparagraph 1 – point b
(b) use the central electronic register to receive and process third party entries regarding ownership, transfer of ownership, sale, withdrawal from use and return to use of application equipment in professional use;
Amendment 2563 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Each Member State shall carry out official controls to verify compliance by operators with the provisions of this Regulation relating to application equipment. Member States shall take appropriate follow-up measures to remedy any specific or systemic shortcomings identified through controls performed by the Commission experts in accordance with paragraphs 3 and 4. They shall give the necessary assistance to ensure that the Commission experts have access to all premises or parts of premises, and goods, and to information, including computer systems, relevant for the execution of their duties.
Amendment 2570 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Amendment 2573 #
2022/0196(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
Amendment 2583 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 6
Article 31 – paragraph 6
Amendment 2590 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) recorded by that competent authority in the central electronic register of application equipment in professional use referred to in Article 33.
Amendment 2595 #
2022/0196(COD)
Proposal for a regulation
Article 31 – paragraph 10
Article 31 – paragraph 10
10. The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 40 amending this Article and Annex IV in order to take into account technical progress and scientific developments.
Amendment 2601 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 2 – point a
Article 32 – paragraph 1 – subparagraph 2 – point a
(a) spraying equipment mounted on trains or aircraft according to Article 20;
Amendment 2603 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. Before laying down less stringent inspection requirements and different inspection intervals as referred to in paragraph 1, a Member State shall carry out a risk assessment on their potential impacts on human health and the environment. The competent authority referred to in Article 30 shall maintain a copy of the risk assessment for control by the Commission.
Amendment 2605 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Hand-held application devices or knapsack sprayers with a volume of up to 100 litres are generally excluded from Chapter VIII (application equipment).
Amendment 2606 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
Amendment 2609 #
2022/0196(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 2616 #
2022/0196(COD)
Proposal for a regulation
Article 33 – title
Article 33 – title
Amendment 2618 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 1 – introductory part
Article 33 – paragraph 1 – introductory part
1. Each competent authority designated by a Member State pursuant to Article 30 shall establish and maintain a central electronic register to record:
Amendment 2620 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) records of inspections and certificates as set out in Article 31(6) and (7)(b);
Amendment 2624 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point e
Article 33 – paragraph 2 – point e
(e) where there has been a transfer of ownership, the date of each transfer and the name and address of previous owners within the last five yearsthe transfer;
Amendment 2625 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point f
Article 33 – paragraph 2 – point f
(f) the tank sizeVolume of the tank in litres for containers for application of plant protection products in liquid form;
Amendment 2626 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point g
Article 33 – paragraph 2 – point g
(g) the work width of the horizontal spray boom, if applicable;
Amendment 2629 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point i
Article 33 – paragraph 2 – point i
(i) in the case of boom sprayers, whether section and/or nozzle control through geospatial localisation technology is present or absent on the application equipment;
Amendment 2631 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point j
Article 33 – paragraph 2 – point j
(j) for equipment older than three years, the date of eachthe last inspection carried out in accordance with Article 31;
Amendment 2632 #
2022/0196(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point k
Article 33 – paragraph 2 – point k
Amendment 2637 #
2022/0196(COD)
Proposal for a regulation
Article 34 – title
Article 34 – title
Methodology for calculating progress towards achieving the two national and two Union wide 20305 reduction targets
Amendment 2641 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The methodology for calculating progress towards achieving the two Union 2030 reduction targets and the two nationalwide 20305 reduction targets until and including 2030 is laid down in Annex I. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
Amendment 2650 #
2022/0196(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Using the methodology set out in Annex I, the Commission shall calculate the results of progress towards achieving the two Union and two national 2030 reduction targets annuallywide until and including 20305 and publish those results on the website referred to in Article 7.
Amendment 2657 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The methodology for calculating progress in relation to harmonised risk indicators 1, 2 and 2a, at both Union and Member StateUnion level, is laid down in Annex VI. This methodology shall be based on statistical data collected in accordance with Regulation (EC) No 1185/2009.
Amendment 2658 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 2670 #
2022/0196(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
5. By… [OP please insert the date = first day of the month following 12 months after the date of entry into force of this Regulation], the Commission shall complete an evaluation of harmonised risk indicators 1, 2 and 2a. This evaluation shall be based on scientific research from the Joint Research Centre and extensive consultation of stakeholders, including Member States, scientific experts and civil society organisations. The evaluation shall include the methodologies tomay be used in formulating new and modifying existing harmonised risk indicators in accordance with paragraph 4.
Amendment 2675 #
2022/0196(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 2680 #
2022/0196(COD)
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Each Member State shall evaluate the results of each calculation of (a) progress towards achieving each of the two nationalUnion wide 20305 reduction targets as referred to in Article 34 and (b) harmonised risk indicators at Member State level, as referred to in Article 35, each time the calculations are performed.
Amendment 2694 #
2022/0196(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
Member States shallmay lay down the rules on penalties applicable to infringements of this Regulation and shall take the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall without delay notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 2695 #
2022/0196(COD)
Proposal for a regulation
Article 39
Article 39
Amendment 2746 #
2022/0196(COD)
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
METHODOLOGY FOR CALCULATING PROGRESS TOWARDS ACHIEVING THE TWO UNION AND TWO NATIONAL 20305 REDUCTION TARGETS
Amendment 2747 #
Amendment 2757 #
Amendment 2794 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 4
Annex I – paragraph 1 – subparagraph 1 – point 4
4. The baseline for reduction target 1 shall be set at 100, and is equal to the average result of the above calculation for the period 20151-20178.
Amendment 2799 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 6
Annex I – paragraph 1 – subparagraph 1 – point 6
6. The Commission shall calculate the progress towards achieving reduction target 1 in accordance with Article 34(2) of this Regulation for each calendar year and at the latest 20 months after the end of the year for which progress towards the reduction target 1 is being calculated.
Amendment 2806 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – point 3
Annex I – paragraph 1 – subparagraph 2 – point 3
3. The baseline for reduction target 2 shall be set at 100, and is equal to the average result of the above calculation for the period 20151-20178.
Amendment 2810 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 2 – point 5
Annex I – paragraph 1 – subparagraph 2 – point 5
5. The Commission shall calculate progress towards achieving reduction target 2 in accordance with Article 34(2) of this Regulation for each calendar year and at the latest 20 months after the end of the year for which progress towards reduction target 2 is being calculated.
Amendment 2817 #
2022/0196(COD)
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
DATA TO BE PROVIDED IN ANNUAL PROGRESS AND IMPLEMENTATION REPORTS BY 31 AUGUSTDECEMBER OF EACH CALENDAR YEAR
Amendment 2824 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 1
Annex II – Part 2 – paragraph 1 – point 1
Amendment 2827 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 2
Annex II – Part 2 – paragraph 1 – point 2
2. the percentage of professional users failing to comply with the obligation to keep electronic records on integrated pest management implementation;
Amendment 2828 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 3
Annex II – Part 2 – paragraph 1 – point 3
Amendment 2832 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 6
Annex II – Part 2 – paragraph 1 – point 6
Amendment 2833 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 7
Annex II – Part 2 – paragraph 1 – point 7
Amendment 2836 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 1 – point 9 – point b
Annex II – Part 2 – paragraph 1 – point 9 – point b
Amendment 2839 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 2 – point 11
Annex II – Part 2 – paragraph 2 – point 11
Amendment 2841 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 3 – point 12
Annex II – Part 2 – paragraph 3 – point 12
Amendment 2842 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 3 – point 13
Annex II – Part 2 – paragraph 3 – point 13
13. the percentagenumber of registered application equipment in professional use and due for inspection that has been inspected;
Amendment 2843 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 3 – point 14
Annex II – Part 2 – paragraph 3 – point 14
Amendment 2844 #
2022/0196(COD)
Proposal for a regulation
Annex II – Part 2 – paragraph 4
Annex II – Part 2 – paragraph 4
Amendment 2853 #
Amendment 2887 #
2022/0196(COD)
Proposal for a regulation
Annex III a (new)
Annex III a (new)
Amendment 2888 #
Amendment 2894 #
2022/0196(COD)
Proposal for a regulation
Annex IV a (new)
Annex IV a (new)
Amendment 2918 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 2 – point 6
Annex VI – Section 2 – point 6
6. The Commission shall calculate and publish the results of harmonised risk indicator 1 at Union level in accordance with Article 35(2) of this Regulation for each calendar year and at the latest 20 months after the end of the year for which harmonised risk indicator 1 is being calculated.
Amendment 2920 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 2 – point 7
Annex VI – Section 2 – point 7
7. The Member States shall calculate and publish the results of harmonised risk indicator 1 at national level in accordance with Article 35(3) of this Regulation for each calendar year and at the latest 20 months after the end of the year for which harmonised risk indicator 1 is being calculated.
Amendment 2938 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 3 – point 6
Annex VI – Section 3 – point 6
6. The Commission shall calculate and publish the results of harmonised risk indicator 2 at Union level in accordance with Article 35(2) of this Regulation for each calendar year and at the latest 20 months after the end of the year for which harmonised risk indicator 2 is being calculated.
Amendment 2940 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 3 – point 7
Annex VI – Section 3 – point 7
7. The Member States shall calculate and publish the results of harmonised risk indicator 2 at national level in accordance with Article 35(3) of this Regulation for each calendar year and at the latest 20 months after the end of the year for which harmonised risk indicator 2 is being calculated.
Amendment 2943 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 3 – point 8
Annex VI – Section 3 – point 8
8. With effect from 1 January 2027, the methodology of harmonised risk indicator 2 shall be eventually replaced by the methodology of harmonised risk indicator 2a referred to in section 4 of this Annex.
Amendment 2958 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 4 – point 6
Annex VI – Section 4 – point 6
6. The Commission shall calculate and publish the results of harmonised risk indicator 2a at Union level in accordance with Article 35(2) of this Regulation. This shall be done for the first time in 2027 using data from calendar years 2022 to 2025, and subsequently for each calendar year, at the latest 20 months after the end of the year for which harmonised risk indicator 2a is being calculated.
Amendment 2959 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 4 – point 7
Annex VI – Section 4 – point 7
7. The Member States shall calculate and publish the results of harmonised risk indicator 2a at national level in accordance with Article 35(3) of this Regulation. This shall be done for the first time in 2027 using data from calendar years 2022 to 2025, and subsequently for each calendar year, at the latest 20 months after the end of the year for which harmonised risk indicator 2a is being calculated.
Amendment 71 #
2022/0032(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This framework pursues two objectives. The first objective is to ensure the conditions necessary for the competitiveness and innovation capacity of the Union and to ensure the adjustment of the industry to structural changes due to fast innovation cycles and the need for sustainability. The second objective, separate and complementary to the first one, is to improve the functioning of the internal market by laying down a uniform Union legal framework for increasing the Union’s resilience and security of supply in the field of semiconductor technologies, as well as strengthening its role at the global level through international cooperation and trade.
Amendment 85 #
2022/0032(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The achievement of these objectives will be supported by a governance mechanism. At Union level, this Regulation establishes a European Semiconductor Board, composed of representatives of the Member States, business representatives and chaired by the Commission. The European Semiconductor Board will provide advice to and assist the Commission on specific questions, including the consistent application of this Regulation, facilitating cooperation among Member States and exchanging information on issues relating to this Regulation. The European Semiconductor Board should hold separate meetings for its tasks under the different chapters of this Regulation. The different meetings may include different compositions of the high-level representatives and the Commission may establish subgroupsbusiness representatives affected by the Regulation.
Amendment 86 #
2022/0032(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Given the globalised nature of the semiconductor supply chain, international cooperation with third countries is an important element to achieve a resilience of the Union’s semiconductor ecosystem. The actions taken under this Regulation should also enable the Union to play a stronger role, as a centre of excellence, in a better functioning global, interdependent semiconductors ecosystem. The Commission, assisted by the European Semiconductor Board, should and business representatives, should work together towards both immediate and long-term supply solutions for the semiconductor market; cooperate and build partnerships with third countries with a view to seeking solutions to address, to the extent possible, disruptions of the semiconductor supply chain; and in bilateral and multilateral meetings with like-minded partners. The Commission shall maintain close cooperation with Taiwan through EU’s Indo-Pacific strategy and with a view to addressing respective vulnerabilities in a mutually beneficial manner. Taiwan is located in a strategic position in terms of trade and is a crucial partner for the global supply chain of key high-tech sectors, notably semiconductors. The Commission should urgently begin an impact assessment, public consultation and scoping exercise on a Bilateral Investment Agreement with the Taiwanese authorities in preparation for negotiations to deepen bilateral economic ties and encourage Taiwan to increase investments in the EU, including on matters relating to multilateralism and the WTO. Where necessary, representatives of third countries should be invited to address and cooperate with the European Semiconductor Board. The Trade and Technology Council should act as platform to coordinate efforts to make semiconductor supply chains more resilient.
Amendment 116 #
2022/0032(COD)
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30 a) Given that this Regulation will impose additional compliance costs on the sector, action needs to be taken to prevent the total level of regulatory burden from increasing. The Commission should therefore be obliged to present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs for the semiconductor sector.
Amendment 122 #
2022/0032(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Member States should alert the Commission if relevant factors indicate a potential semiconductor crisis. In order to ensure a coordinated response to address such crises, the Commission should upon the alert by a Member State or through other sources, including information from international partners, convene an extraordinary meeting of the European Semiconductor Board for assessing the need to activate the crisis stage and for discussing whether it may be appropriate, necessary and proportionate for Member States to carry out coordinated joint procurement. The Commission should engage in consultations and cooperation with relevant third countries with a view to addressing any disruptions in the international supply chain, in compliance with international obligations and without prejudice to procedural requirements under the Treaty on international agreements. In a globalised world with international value chains, European resilience is not possible without well-functioning multilateral and bilateral trade agreements. The European openness to trade and investment is a strength and source of growth and resilience for the Union, as a major importer and exporter.
Amendment 139 #
2022/0032(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) Appropriate, effective and proportionate measures should be identified and implemented when the crisis stage is activated without prejudice to possible continued international engagement with relevant partners with the view to mitigating the evolving crisis situation. Where appropriate, the Commission shouldmay request information from undertakings along the semiconductor supply chain. Furthermore, the Commission should be able to, where necessary and proportionate, oblige request Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of the production of crisis-relevant products, and to act as a central purchasing body when mandated by Member States. The Commission cshould limit the measures to certain critical sectors. In addition, the European Semiconductor Board may advise on the necessity of introducing an export control regime pursuant to Regulation (EU) 2015/479 of the European Parliament and of the Council60 should engage in consultations and cooperation with business representatives and relevant third countries with a view to addressing any disruptions in the international supply chain. The European Semiconductor Board may also assess and advise on further appropriate and effective measures. The use of all these emergency measures shouldmust be proportionate, restricted and be carried out in the manner which is the least disruptive to trade and restricted to what is absolutely necessary to address the significant disturbances at stake insofar as this is in the best interest of the Union. The Commission should regularly inform the European Parliament and the Council of the measures taken and the underlying reasons. The Commission may, after consulting with the Board, issue further guidance on the implementation and use of the emergency measures. _________________ 60 Regulation (EU) 2015/479 of the European Parliament and of the Council of 11 March 2015 on common rules for exports (OJ L 83, 27.3.2015, p. 34).
Amendment 144 #
2022/0032(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The purpose of requests for information from undertakings along the semiconductor supply chain established in the Union in the crisis stage is an in-depth assessment of the semiconductor crisis in order to identify potential mitigation or emergency measures at Union or national level. Such information may include production capability, production capacity and current primary disruptions and bottlenecks. These aspects could include the typical and current actual stock of crisis-relevant products in its production facilities located in the Union and third country facilities which it operates or contracts or purchases supply from; the typical and current actual average lead time for the most common products produced; the expected production output for the following three months for each Union production facility; reasons that prevent the filling of production capacity; or other existing data necessary to assess the nature of the semiconductor crisis or potential mitigation or emergency measures at national or Union level. Any request should be proportionate, have regard for the legitimate aims of the undertaking and the cost and effort required to make the data available, as well as set out appropriate time limits for providing the requested information. Undertakings should be obliged to comply with the request and may be subject to penalties i. If they fail to comply or provide incorrect information without any reasonable explanation given, may be subject to penalties. Any information acquired should be subject to confidentiality rules. Should an undertaking be subject to a request for information related to its semiconductor activities from a third country, it should inform the Commission so to enable an assessment whether an information request by the Commission is warranted. The request of information must be used restrictively and executed in a manner that minimise administrative and regulatory burdens, by clearly stating what kind of information is absolutely necessary. The Commission must always take into consideration the administrative burden and the consequences of hampering innovation capacity and risk of trade escalations with third countries.
Amendment 146 #
2022/0032(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) In order to ensure that critical sectors can continue to operate in a time of crisis and when necessary and proportionate for this purpose, Integrated Production Facilities and Open EU Foundries could be obliged by the Commission tomay on a voluntary basis accept and prioritise orders of crisis-relevant products. This obligation may also be extended to semiconductor manufacturing facilities which have accepted such possibility in the context of receiving public support. The decision on a priority rated order should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case. The priority rating obligation should take precedence over any performance obligation under private or public law while it should have regard for the legitimate aims of the undertakings and the cost and effort required for any change in production sequence. Undertakings may be subject to penalties if they fail to comply with the obligation for priority rated orderse decision should be taken in accordance with all applicable Union legal obligations, having regard to the circumstances of the case.
Amendment 147 #
2022/0032(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The undertaking concerned should on a voluntary basis be oabligede to accept and prioritise a priority rated order. In exceptional and duly justified cases, the undertaking could request the Commission to review the imposed obligation. This applies either where the facility is unable to fulfil the order even if prioritised, be it due to insufficient production capability or production capacity, or because this would place an unreasonable economic burden and entail particular hardship on the facility.
Amendment 148 #
2022/0032(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Under the exceptional circumstance that an undertaking operating along the semiconductor supply chain in the Union receives a priority rated order request from a third country, it should inform the Commission of this request, so as to inform an assessment of whether, if there is a significant impact on the security of supply to critical sectors, and the other requirements of necessity, proportionality and legality are satisfied in the circumstances of the case, the Commission should likewise enact a priority rated order obligation.
Amendment 151 #
2022/0032(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) During a semiconductor shortage crisis, it might become necessary that the Union considers protective measurthe Union may only consider protective measures if all other measures have been investigated. Protective measures must be avoided at all costs, as they will damage the Union's trade relations and will have unpredictable consequences. The European Semiconductor Board may express its views to inform the Commission’s assessment of whether the market situation amounts to a significant shortage of essential products pursuant to Regulation (EU) 2015/479.
Amendment 153 #
2022/0032(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) In order to facilitate a smooth, effective and harmonised implementation of this Regulation, cooperation and the exchange of information, the European Semiconductor Board should be established. The implementation of this Regulation must comply with Union law, the WTO Agreement and be consistent with commitments made under other trade and investment agreements to which the Union or the Member States are parties. The European Semiconductor Board should provide advice to and assist the Commission on specific questions. These should include providing advice on the Chips for Europe Initiative to the Public Authorities Board of the Chips Joint Undertaking; exchanging information on the functioning of the Integrated Production Facilities and Open EU Foundries; discussing and preparing the identification of specific sectors and technologies with potential high social impact and respective security significance in need of certification for trusted products and addressing coordinated monitoring and crisis response. Furthermore, the European Semiconductor Board should ensure the consistent application of this Regulation, facilitate cooperation between Member States as well as exchange of information on issues relating to this Regulation. The European Semiconductor Board should support the Commission in international cooperation in line with international obligations, including in information gathering and crisis assessment. In addition, the European Semiconductor Board should coordinate, cooperate and exchange information with other Union crisis response and crisis preparedness structures with a view to ensure a coherent and coordinated Union approach as regards crisis response and crisis preparedness measures for semiconductor crises.
Amendment 177 #
2022/0032(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19 a) ‘crisis’ means an extraordinary situation of a serious disruption to the supply chain, leading to a severe shortage of semiconductors, which poses serious and immediate danger to the life and health of people or has a substantial and evidence-based impact on the functioning of the Member States and citizens of the Union, which requires proportionate and adequate measures tailored to the specific situation in order to supply the population with critical necessities.
Amendment 183 #
2022/0032(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b – point 2
Article 4 – paragraph 2 – point b – point 2
(2) supporting large scale innovation through access to new or existing pilot lines for experimentation, test, and validation of new design concepts integrating key functionalities, such as novel materials and architectures for power electronics fostering sustainable renewable and low carbon energy and electro mobility, lower energy consumption, security, higher levels of computing performance or integrating breakthrough technologies such as neuromorphic and embedded artificial intelligence (AI) chips, integrated photonics, graphene and other 2D material based technologies; promoting international cooperation between different chips production technologies with third countries and the Union; encourage and maintain competitiveness by learning from different sectors of the chips industry, as for example, the impact and growth of Micro Electro-Mechanical Systems in Europe.
Amendment 210 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Integrated Production Facilities are first-of-a-kind semiconductor design and manufacturing facilities, including front- end or back-end, or both, in the Union that contribute to the security of supply for the internal and external markets.
Amendment 213 #
2022/0032(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 215 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Open EU Foundries are first-of-a- kind semiconductor front-end or back-end, or both, manufacturing facilities in the Union that offer production capacity to unrelated undertakings and thereby contribute to the security of supply for the internal and external markets.
Amendment 216 #
2022/0032(COD)
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
Amendment 219 #
2022/0032(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1 – point c
Article 12 – paragraph 2 – subparagraph 1 – point c
Amendment 222 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. In order to reach security of supply in the Union, Member States may, without prejudice to Articles 107 and 108 of the Treaty, apply support schemes and provide for administrative support to Integrated Production Facilities and Open EU Foundries in accordance with Article 14. Member States must also ensure that any support is necessary, appropriate and proportionate to avoid undue competition distortions.
Amendment 223 #
2022/0032(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Any support must align with WTO and the ‘Regulation on foreign subsidies distorting the internal market’.
Amendment 226 #
2022/0032(COD)
Proposal for a regulation
Article 15 – title
Article 15 – title
Monitoring and al, alerting and international cooperationg
Amendment 227 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Article 15 – paragraph 1 – subparagraph 1 – introductory part
Member States shallmay only carry out regular monitoring of the semiconductor value chain, if it is proportionate and limit unnecessary administrative or financial burdens. In particular, they shall:
Amendment 245 #
2022/0032(COD)
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. The Commission should increase its commitment on cooperation with third countries by concluding and enforcing trade agreements. In any future investment and trade agreement of the EU with relevant third countries, collaboration in the field of semiconductors and along the entire semiconductor supply chain shall be a key priority.
Amendment 262 #
2022/0032(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 267 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Where the crisis stage is activated and where appropriateif necessary in order to address the semiconductor crisis in the Union, the Commission shall take the measure provided for in Article 20 under the conditions laid down therein. In addition, the Commission may take the measures provided for in Article 210 or Article 221, or both, under the conditions laid down therein.
Amendment 269 #
2022/0032(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission may, after consulting the European Semiconductor Board, limit the measures provided for in Articles 21 and 22 to certain critical sectors the operation of which is disturbed or under threat of disturbance on account of the semiconductor crisis.
Amendment 275 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Commission shallmay, after consulting the European Semiconductor Board, and if all other measures has been investigated, request representative organisations of undertakings or, if necessary, individual undertakings operating along the semiconductor supply chain to inform the Commission about their production capabilities, production capacities, current primary disruptions and provide other existing data necessarytransmit on a voluntary basis, within a set time limit, specific information to the Commission about their production capabilities, while fully respecting trade and business secrets, to assess the nature of the semiconductor crisis or to identify and assess potential mitigation or emergency measures at national or Union level.
Amendment 278 #
2022/0032(COD)
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. Should an undertaking established in the Union be subject to a request for information related to its semiconductor activities from a third country, it shall inform the Commission in such a manner that is least disruptive to trade and promote international cooperation, as to enable the Commission to request similar information. The Commission shall inform the European Semiconductor Board of the existence of such request from a third country.
Amendment 280 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where necessary and proportionate to ensure the operation of all or certain critical sectors, the Commission may obligerequest Integrated Production Facilities and Open EU Foundries to accept and prioritise an order of crisis-relevant products (‘priority rated order’). The obligation shall take precedence over any performance obligation under private or public law.
Amendment 283 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. When a semiconductor undertaking established in the Union is subject to a third country priority rated order measure, it shall inform the Commission. Should that obligationrequest significantly impact the operation of certain critical sectors, the Commission may obligerequest that undertaking to accept and prioritise orders of crisis relevant products in line with paragraph 4, 5 and 6.
Amendment 285 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 5 – introductory part
Article 21 – paragraph 5 – introductory part
5. The undertaking concerned shall be obligrequested to accept and prioritise a priority rated order. The undertaking may request the Commission to review the priority rated order where it considers it to be duly justified based on one of the following grounds:
Amendment 286 #
2022/0032(COD)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. Where an undertaking is obliged to accept and prioritise a priority rated order, it shall not be liable for any breach of contractual obligations that is required to comply with the priority rated orders. The liability shall be excluded only to the extent the violation of contractual obligations was necessary for compliance with the mandated prioritisation. The Commission must be able to compensate the undertaking if the prioritisation lead to a negative economic impact on their business.
Amendment 287 #
2022/0032(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 298 #
2022/0032(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The European Semiconductor Board shall be composed of representatives of the Member States and business representatives and shall be chaired by a representative of the Commission.
Amendment 310 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission and the national competent authorities, their officials, servants and other persons working under the supervision of these authorities as well as officials and civil servants of other authorities of the Member States shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of professional secrecy. They shall respect the confidentiality of information and data obtained in carrying out their tasks and activities in such a manner as to protect in particular intellectual property rights and sensitive business information or trade secrets. Any circumvention of technological protection measures and use of confidential data must be avoided. This obligation shall apply to all representatives of Member States, observers, experts and other participants attending meetings of the European Semiconductor Board pursuant to Article 23 and the members of the Committee pursuant to Article 33(1).
Amendment 313 #
2022/0032(COD)
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2 a. The Regulation shall in compliance with relevant legislation in the field, including Directive 2016/943 on the protection of undisclosed know-how and business information, respect the confidentiality of information obtained in carrying out their tasks and activities in such a manner as to protect, in particular confidential business information or trade secrets.
Amendment 317 #
2022/0032(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Fines imposed in the cases referred to in paragraph 1, points (a) and (b), shall not exceed 30200 000 EUR. If the concerned undertaking is an SME, the fines imposed shall not exceed 50 000 EUR.
Amendment 318 #
2022/0032(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Periodic penalty payments imposed in the cases referred to in paragraph 1 (c) shall not exceed 1.5 % of the average daily turnover in the preceding business year for each working day of non-compliance with the obligation pursuant to Article 21 calculated from the date established in the decision. If the concerned undertaking is an SME, the periodic penalty payments imposed shall not exceed 0.5 % of the average daily turnover.
Amendment 319 #
2022/0032(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. In fixing the amount of the fine or periodic penalty payment, regard shall be had to the size, if the concerned undertaking is an SME, to the economic and administrative resources, to the nature, gravity and duration of the infringement, taking due account of the principles of proportionality and appropriateness.
Amendment 324 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1 a. The implementation of this Regulation by the Union must comply with Union law, the WTO Agreement and be consistent with commitments made under other trade and investment agreements to which the Union or the Member States are parties.
Amendment 325 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 b (new)
Article 35 – paragraph 1 b (new)
1 b. No later than three year after the entry into force of this regulation, the Commission shall within proposals in line with its communication on the application of the “one in, one out” principle offsetting the regulatory burden introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the semiconductor sector.
Amendment 326 #
2022/0032(COD)
Proposal for a regulation
Article 35 – paragraph 1 c (new)
Article 35 – paragraph 1 c (new)
1 c. No later than three years after the entry into force of this Regulation, the Commission should also consider WTO compatibility and ensure that the Regulation has been aligned with the WTO Agreement.
Amendment 2 #
2021/2176(INI)
Motion for a resolution
Recital A
Recital A
A. whereas since the Lisbon Treaty, foreign direct investment has remained an exclusive competence of the European Union, as enshrined in Article 3(1)(e), Article 206 and Article 207 TFEU; whereas the EU’s international investment policy shouldhas been further reformed to address the current challenges;
Amendment 3 #
2021/2176(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas international investment agreements aim to ensure that EU investors enjoy a reciprocal level playing field when investing in a third country that is similar to the levels of guarantees enjoyed by third country investors in the EU;
Amendment 5 #
2021/2176(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas global foreign direct investment flows, which were already declining since 2015, have experienced a dramatic drop in 2020 (-30%) due to the COVID-induced crisis; whereas increasing outward and inward FDI will remain a key element of the path to recovery for the EU and for many other economies;
Amendment 8 #
2021/2176(INI)
Motion for a resolution
Recital D
Recital D
D. whereas around 1 500 bilateral investment treaties ratified by the Member States before the Lisbon Treaty are still in place, including the Energy Charter Treaty;
Amendment 9 #
2021/2176(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas EU IIAs include or refer to a sustainable development chapter, which covers responsible business conduct (RBC) and the respect of environmental, human rights and labour standards, as well as the commitment of the Parties that those standards shall not be lowered in order to attract investment;
Amendment 12 #
2021/2176(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas FDI and the EU investment policy should play a key role in achieving the objective of open strategic autonomy, in terms of diversification of supply chains;
Amendment 14 #
2021/2176(INI)
Motion for a resolution
Recital E
Recital E
E. whereas one of the top priorities of the European Green Deal is to respond to the challenges of climate change and environmental degradation; whereas all EU policies need to contribute to these goals, including investment policy; whereas substantial investments are needed worldwide in order to achieve the aims of the European Green Deal, meet the UN Sustainable Development Goals (SDGs), and recover from the COVID-19 pandemic;
Amendment 18 #
2021/2176(INI)
Motion for a resolution
Recital G
Recital G
G. wWhereas the number of investor- state dispute settlement (ISDS) cases is rising each year, including against Member States, signalling the ease of use of ISDS; whereas about 15 % of cases known to be filed against Member States in 2020 were intra-EU disputes;
Amendment 21 #
2021/2176(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas developing countries face a gap of USD 2.5 trillion in annual financing to achieve the SDGs by 2030; whereas Foreign direct investment (FDI) is a principal means of financing the 2030 Agenda for Sustainable Development and the corresponding SDGs;
Amendment 25 #
2021/2176(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the EU’s investment policy needs to meet the expectations of investors and beneficiary states, but also the EU’s broader economic interests and external policy objectives; considers that EU international investment policy needs to be reformed in order to address a variety of challenges and transform it into an integrated and coherent policy frameworkrecalls the European Parliament's call for an integrated and coherent policy framework, which promotes high-quality and sustainable investments; welcomes the efforts undertook by the European Commission since 2010 to reform the Union's investment policy in that direction; considers that EU international investment policy needs to pursue its reform efforts to better meet the current challenges of better protecting our investors and making our Single Market an attractive place to invest in;
Amendment 30 #
2021/2176(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 45 #
2021/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the definition of investment as codified in EU IIAs covers not only greenfield investments, but alsoshould not cover financial instruments that can be held for purely speculative purposes or for the extraction of rent;
Amendment 48 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the Commission’s efforts to open up new markets to EU investors through the negotiations of chapters on investment liberalisation with third countries; calls on the Commission to seek the best possible conditions for EU investors abroad, reflecting the level of openness that foreign investors enjoy in the EU and covering all ranges of business activities, including services and manufacturing sectors;
Amendment 50 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to monitor and seek the removal of barriers to the establishment and operation of EU investors in foreign markets, including discriminatory practices and performance requirements such as technology transfer; welcomes the Commission’s focus on enforcement of existing commitments, and underlines that this should also apply to investment-related commitments;
Amendment 51 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Invites the Commission to use all available means to improve the investment climate in developing countries, both through development cooperation tools and through bilateral agreements; welcomes, in that regard, the focus on investment facilitation disciplines seeking to enhance transparency, streamline procedures and enhance public-private dialogue; highlights that those disciplines should benefit both EU and local investors;
Amendment 52 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Recalls that in the last decade, the Union signed several agreements containing investment chapters with third countries; regrets that mixed agreements and agreements under shared competences1 are either only applied provisionally or not in force at all; urges Member States to ratify these agreements as soon as possible so that all EU investors can benefit from greater market liberalization and stronger investment protection rules and standards; [1] Provisions on portfolio investment and/or ISDS are shared competence between the European Union and its Member States, according to the ECJ (Singapore Opinion).
Amendment 53 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
Amendment 54 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Underlines that investment can and should have a positive impact on sustainable development; is concerned that according to OECD, developing countries faced a shortfall of USD 1.7 trillion in 2020 due to the COVID- induced crisis in addition to the exiting USD 2.5 trillion funding gap; calls on the Commission to ensure consistency of the EU’s investment policy with the European Green Deal and the SDGs; calls on the EU’s investment policy to help developing countries, notably African countries, in reducing the funding gap to reach the SDGs;
Amendment 55 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Highlights that introducing innovative investment facilitation measures can contribute to achieving SDGs by helping to mobilize higher levels of investment to promote inclusive and sustainable growth and poverty reduction as it supports a longer-term presence of foreign investors in the host economy and to develop better linkages between foreign investors and local companies;
Amendment 56 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. Welcomes the leadership role taken by the European Union in the World Trade Organization (WTO) plurilateral negotiation on Investment Facilitation for Development, which will improve the investment and business climate, and make it easier for investors in all sectors of the economy to invest, conduct their day-to-day business and expand their operations in developing countries; is encouraged to see that more than two-thirds of WTO members participate to this negotiation; supports the progress made so far by the parties, and strongly encourages parties to reach their stated goal of concluding the negotiation by the end of 2022;
Amendment 57 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 i (new)
Paragraph 3 i (new)
3i. Welcomes the Commission’s trailblazing work on new standalone investment facilitation agreements, which would facilitate and support sustainable and inclusive investment; takes note in that regard of the start of negotiations with Angola in June 2021 on such an agreement; invites the European Commission to conclude this negotiation as soon as possible; takes note that similar investment facilitation provisions are being negotiated among African countries in the future Investment Protocol of the African Continental Free Trade Area; invites the Commission to continue supporting those negotiations;
Amendment 58 #
2021/2176(INI)
Motion for a resolution
Subheading -1 (new)
Subheading -1 (new)
-1 Opening new markets to all EU investors
Amendment 59 #
2021/2176(INI)
Motion for a resolution
Subheading -1 a (new)
Subheading -1 a (new)
-1a Ensuring an investment-friendly business climate
Amendment 60 #
2021/2176(INI)
Motion for a resolution
Paragraph 3 j (new)
Paragraph 3 j (new)
3j. Recalls that investment protection measures seek to ensure, through commitments such as non-discrimination on the grounds of gender, race or religion, fair treatment for investors or compensation in case of expropriation; welcomes in that regard the reform efforts carried out by the Commission for the precise definitions of protection standards in modern investment agreements;
Amendment 61 #
2021/2176(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. StressNotes that an alarming number of investment claims target environmental measurelegal proceedings before ISDS courts target environmental measures1, whether they be on fossil fuels or renewable energy investments; regrets the fact that various countries, including the Member States, are being sued in relation to policies on climate, the phasing out of fossil fuels, or the just transition; [1] 17% of all cases according to UNCTAD databases
Amendment 69 #
2021/2176(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges the Commission to exclude invensure consistments in fossil fuels or any other activities that pose significant harm to the environment and human rights from treaty protections, in particular investor-state arbitration mechanismscy between IIAs and EU environment policies, labour rights, and human rights, notably through provisions on sustainable development aiming at improving the domestic framework in which foreign investors operate;
Amendment 71 #
2021/2176(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that even in the absence of legal proceedings, the explicit or implicit threat of recourse to investment arbitration can enhance the position of investors in negotiations with states (the ‘chilling effect’); however, stresses that modern EU IIAs do clearly recall the principle that governments have the right to regulate legitimate public policy objectives on matters of public health, social services, public education, safety, environment or public morals, social or consumer protections, privacy and data protection, or the promotion and protection of cultural diversity, including in a manner that may negatively affect the operation of an investment or an investor’s expectation of profits; calls on the Commission to strongly assert its right to regulate;
Amendment 76 #
2021/2176(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that IIAs do not contain investor obligations; stresses that only foreign investors can launch investment cases against states; regrets the fact that having a case dismissed is the best possible outcome for respondent states but includes provisions on trade and sustainable development whereby parties commit not to lower environmental and labour standards to attract investment, and to promote the uptake of responsible business conduct in their territories; stresses that under the majority of investment treaties only foreign investors can launch investment cases against states; invites the Commission to continue international discussions on how to make investment obligations more effective in the field of international investment law;
Amendment 80 #
2021/2176(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is concerUnderlineds that recent EU IIAs still contain broadlimit protection standards which can be uto well-defined extreme caseds to challenge legitimate public polichat EU investors may face in third countries; asks the Commission to conly allowtinue protectiong against discrimination, direct expropriation and thand indirect expropriation, losses owing to war or civil unrest, breach of physical security, denial of justice, fundamental breach of due gpross denial of justicecess, manifest arbitrariness, targeted discrimination on manifestly wrongful grounds such as gender, race or religion, or abusive treatment such as harassment, and to ensure that foreign investors are not accorded superior rights to those enjoyed by domestic investors;
Amendment 86 #
2021/2176(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the fact that EU IIAs negotiated after 2009 still include sunset clauses which prevent easy termination; points out that Member States and the other contracting parties can agree to neutralise sunset clausesunset clauses are standard procedures in EU IIAs as they are meant to protect investment on the long-term; however, notes that Member States and the other contracting parties can agree to shorter sunset clauses as is the case in recent negotiations where parties agreed to a five-year sunset clause with the possibility to agree on an extension of five additional years in case of no replacement; calls on the Commission to assess the benefit of negotiating shorter sunset clauses for EU investors;
Amendment 92 #
2021/2176(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that under both customary international law and international human rights law, individuals are requiredoffered the possibility to seek redress before domestic courts before bringing international proceedings against the state for wrongful acts; regretspoints out the fact that international investment law, by contrast, usually does not require the exhaustion of domestic remedies; notices, however, that the requirement to exhaust domestic remedies would be inefficient in countries with flawed judicial systems; welcomes the Commission’s “no U-turn” approach that prevents investors from cherry- picking remedies using different tracks once they have opted for bringing a claim under the Investment Court System;
Amendment 94 #
2021/2176(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Underlines that the considerable damages awarded by investment tribunals have imposed a significant financial burden on respondent states; points out that the use of valuation methods generally used by adjudicators is highly controversial owing to their very wide margin of discretion and reliance on highly complex and inherently speculative assumptions; invites the Commission to review theprovide safeguard within provisions governing compensation in EU IIAs; and the use of stronger clauses preventing the use of punitive damages; notes in that regard the benefits that a permanent multilateral investment court with well-versed adjudicators will bring; calls on the Commission to advocate for strict valuation methods in the ongoing UNCITRAL reform negotiations;
Amendment 101 #
2021/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. StressNotes that the increasing recourse by investors to third parties to finance their litigation in exchange for a return in the outcome of an award (third- party funding) is adding incentives to increase the number of claims; invites the Commission to support the restric; welcomes the Commission's efforts for ensuring full transparency of third-party funding in EU investment agreements; invites the Commission to continue international negotiations ofn how to regulate third-party funding for investor- state disputes beyond EU agreements;
Amendment 108 #
2021/2176(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to terminate or modernise anytheir bilateral investment treaties that contain ISDS, any treaties that contain protection standards beyond protection against direct expropriation, nationality-based discrimination or the gross denial of justice, and any treaties that protect fossil fuel investment(BITs) or modernise them as to put them in conformity with the reformed approach in EU IIAs; takes note of the fact that EU IIAs no longer protect old BITs standards and points out to the fact that a multilateral court system would solve such adjudication issues;
Amendment 110 #
2021/2176(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to swiftly ratify already concluded EU IIAs, in order to replace bilateral investment treaties with modern provisions protecting all EU investors alike;
Amendment 112 #
2021/2176(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to ensure that all of the Member States’ bilateral investment treaties are fully compatible with EU law; supports the Commission in strictly applying the conditions for authorising the negotiation, signature and conclusion of new agreements by Member States; supports the Commission in issuing interpretative guidelines to be followed by Member States to ensure a unified interpretation of modernised EU investment policies;
Amendment 125 #
2021/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Points out that the ECT is the most litigated investment agreement in the world today; welcomesupports efforts to modernise the ECT and the EU’s position to exclude protection for most fossil fuel investments; notes that investments considered ‘significantly harmful’ under the EU taxonomy would remain protected according to the EU’s position; underlines that amending the ECT requires unanimity of all contracting parties voting at the annual conference;
Amendment 136 #
2021/2176(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Urges the Commission to ensure that a revised ECT will immediately prohibit fossil fuel investors from suing contracting parties for pursuing policies to phase out fossil fuels in line with their commitments under the Paris Agreement; calls on the Commission and the Member States to start preparingconsider the option of a coordinated exit from the ECT with a view to formal submission to the Council in the event of the negotiating objectives not being achieved by June 2022;
Amendment 148 #
2021/2176(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. NotWelcomes that in the context of the UNCITRAL Working Group III discussions, the EU and its Member States are pursuing the establishment of a standing mechanism to resolve investment disputes: the multilateral investment court; stresses, however, that this proposal does not covercalls on the Commission to promote the modernisation of substantive protection standards in appropriate international fora;
Amendment 69 #
2021/0402(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation aims to ensure an effective, efficient and swift Union response to economic coercion, including deterrence of economic coercion of the Union or a Member State and, in the last resort, countermeasures. This Regulation should be without prejudice to other existing Union trade policy instruments and rights under the WTO Agreement.
Amendment 73 #
2021/0402(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The objectives of this Regulation, in particular counteracting third countries’ economic coercion of the Union or a Member State, cannot be sufficiently achieved by Member States acting on their own. This is because Member States as distinct actors under international law may not be entitled under international law to respond to economic coercion directed against the Union. Additionally, because of the exclusive competence conferred on the Union by Article 207 of the Treaty on the Functioning of the European Union, Member States are prevented from taking common commercial policy measures as a response to economic coercion. Therefore, those objectives can be achieved with greater effectiveness atit is necessary that the means for achieving those objectives are created at the Union level.
Amendment 100 #
2021/0402(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) It is important to ensure an effective and regular communication and exchange of views and information between the Commission on the one hand and the European Parliament and the Council on the other, in particular on efforts to engage with the third country concerned to explore options with a view to obtaining the cessation of the economic coercion and on matters that may lead to the adoption of Union response measures under this Regulation.
Amendment 104 #
2021/0402(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The Commission should evaluate measures adopted under this Regulation as to their effectiveness and operation and as to possible conclusions for future measures. The Commission should also review this Regulation after gaining sufficient experience with the existence or application of this Regulation., as well as to take account of the review of the Blocking Statute.1a This review should cover the scope, functioning, efficiency and effectiveness of this Regulation. The Commission should report on its assessment to the European Parliament and the Council, _________________ 1a Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom, OJ L 309,29.11.1996, p. 1–6
Amendment 110 #
2021/0402(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. This Regulation should not replace or diminish the Union rights under other existing Union instruments or the WTO Agreement.
Amendment 120 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 1 – indent 2
Article 2 – paragraph 1 – indent 2
— by applying or threatening to apply measures affecting trade or investment. or failing to implement existing agreements that are fully ratified with the European Union or a Member State affecting trade or investment;
Amendment 133 #
2021/0402(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) whether the third country is applying the measures as part of a broader pattern of behaviour against the interests or policy decisions of the Union or a Member State.
Amendment 139 #
2021/0402(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2 a. The Commission shall carry out the examination referred to in paragraph 1 in the event of a substantiated request of a Member State or the European Parliament.
Amendment 154 #
2021/0402(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The Commission shall be open toproactively engage on behalf of the Union with the third country concerned, to explore options with a view to obtaining the cessation of the economic coercion. Such options may include:
Amendment 205 #
2021/0402(COD)
Proposal for a regulation
Article 7 – paragraph 7 – introductory part
Article 7 – paragraph 7 – introductory part
7. The Commission is empowered to adopt delegated acts in accordance with Article 14 to amend the list provided for in Annex I in order to provide additional types of measures to respond to a third country’s measure, after having informed the Council and the European Parliament. The Commission may adopt such delegated acts where the types of response measures would:
Amendment 230 #
2021/0402(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall keep under review the measures of economic coercion deployed by a third country that have triggered the Union response measures, the effectiveness of the Union response measures adopted and their effects on the Union’s interests and shall regularly keep the European Parliament and the Council informed thereof.
Amendment 242 #
2021/0402(COD)
Proposal for a regulation
Article 10 – paragraph 5 b (new)
Article 10 – paragraph 5 b (new)
5 b. A Member State that has been subject to economic coercion shall have the right to request the Commission to review measures, if the Member State considers that the measures are no longer sufficient to counteract coercion or commensurate to the economic coercion imposed by the third country.
Amendment 258 #
2021/0402(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 7(7) and 13(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force]. A delegated act pursuant to Articles 7(7) and 13(2) shall be adopted after having informed the European Parliament and the Council.
Amendment 153 #
2021/0366(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products and other publicly or privately available sources, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The Commission should also examine how land rights can be integrated into monitoring under the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations, operators and third countries.
Amendment 176 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation and forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation-free and have been produced in accordance with the relevant legislation of the country of production. To confirm that this is the case, they should always be accompanied by a due diligence statement and the operators` due diligence system should be controlled by an independent third-party external auditor accredited with an international accreditation body such as ISEAL on an annual basis.
Amendment 183 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include three elements: information requirements, risk assessment and risk mitigation measures. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates of relevant plots of landroduction areas. These geo-location coordinates that rely on timing, positioning and/or Earth observation of relevant production areas could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus) or from other publicly or privately available sources. On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it.
Amendment 200 #
2021/0366(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The effective and efficient implementation and enforcement of this Regulation are essential to achieving its goals. To this end, the Commission should set up and manage an information system to support the operators and the competent authorities in presenting and accessing the necessary information on relevant commodities and products placed on the market. The operators should submit the due diligence statements and an annual audit report by an independent third-party auditor accredited with an international accreditation body such as ISEAL to the information system. The information system should be accessible to competent authorities and customs authorities to facilitate fulfilling their obligations under this Regulation. The information systemnon-commercially sensitive data should also be accessible for a wider public, with the anonymised data provided in an open and machine-readable format in line with the Union’s Open Data Policy.
Amendment 271 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means thehuman- induced conversion of forest to agricultural use, whether human-induced or notprimary forests or other wooded land to agricultural use or to plantation forest according to FAO`s definition;
Amendment 404 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The due diligence system of operators placing products for the first time on the market or exporting them shall be verified by an independent external auditor that is accredited with an international accreditation body on an annual basis. Operators shall also offer all assistance necessary to competent authorities to facilitate the performance of the checks under Article 15, including as regards access to premises and the presentation of documentation or records.
Amendment 427 #
2021/0366(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
In case a natural or legal person established outside the Union places on the Union market relevant commodities and products, the first natural or legal person established in the Union who buys or takes possession of such relevant commodities and products shall be considered operator within the meaning of this Regulation, regardless of its size.
Amendment 444 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitudeproduction area coordinates collected via geolocalisation, including for the perimeter of all plots of land, farm, plantation, cooperative or village, where the relevant commodities and products were produced, as well as date or time range of production; the time range or harvesting season of production; any deforestation in the given production area would automatically disqualify the entire production area from imports of relevant commodities and products thereof;
Amendment 507 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) model risk management practices, including certification or other third- party-verified schemes, reporting, record- keeping, internal control and compliance management, including for operators that are not SMEs, the appointment of a compliance officer at management level;
Amendment 605 #
2021/0366(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point g
Article 15 – paragraph 1 – point g
(g) any technical and scientific means adequate to determine whether the relevant commodity or product are deforestation- free, including Earth observation data such as from Copernicus programme and tools, or from other publicly and privately available sources, and
Amendment 714 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a three-tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission maye Commission shall identify countries or partregions thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or partregions thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2) within 6 months after entry into force of this Regulation. That list shall be updated as necessary in light of new evidence.
Amendment 884 #
2021/0366(COD)
Amendment 898 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots region thereof land ofall production areas, including geo- localisation coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of landroduction areas, the geo-location coordinates of all different plots of landroduction areas shall be included;
Amendment 117 #
2021/0297(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The general objectives of the GSP are to support eradication of poverty in all its forms, in line with Agenda 2030 and Sustainable Development Goal 17.12 and, to promote the sustainable development agenda, and to encourage exports diversification from GSP beneficiary countries while averting harm to EU industry’s interests. The 2018 GSP Mid- term Evaluation and the 2021 supporting Study for the Impact Assessment underpinning this Regulation concluded that the GSP framework under Regulation (EU) No 978/2012 has delivered on these main objectives, which were at the core of the 2012 overhaul of Council Regulation (EC) No 732/200815 . _________________ 15 Council Regulation (EC) No 732/2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009 and amending Regulations (EC) No 552/97, (EC) No 1933/2006 and Commission Regulations (EC) No 1100/2006 and (EC) No 964/2007 (OJ L 211, 6.8.2008, p. 1).
Amendment 121 #
2021/0297(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Those objectives remain relevant in the current global context and they are consistent with the analysis and perspective of the recent Commission Communication Trade Policy Review “An Open, Sustainable and Assertive Trade Policy”16 (‘TPR’). According to the TPR, the Union has a “strategic interest to support the enhanced integration into the world economy of vulnerable developing countries” and it “must fully use the strength provided by its openness and the attractiveness of its Single Market” to support multilateralism and to ensure adherence to universal values. For GSP specifically, the TPR notes its important role in “promoting respect for core human and labour rights” and sets the objective for the GSP “to further increase trading opportunities for developing countries to reduce poverty and create jobs based on international values and principles”. Together with openness to trade, the scheme should support GSP beneficiary countries to develop a strong industrial base and to create an infrastructure that facilitates access to knowledge and information to foster diversification of trade flows. Moreover, the scheme should assist beneficiaries in recovering from the COVID-19 impact and in re-building their economies in a sustainable manner, including with respect to international human rights, labour, environmental and good governance standards. By prioritising diversification of exports from GSP beneficiary countries, the scheme should focus preferences on less competitive products which should ultimately contribute to sustainable development and poverty eradication. Coherence should be ensured between the GSP and its objectives and the assistance provided to beneficiary countries, in line with Union’s Policy Coherence for Development (PCD), which constitutes a key pillar of Union’s efforts to enhance the positive impact and increase effectiveness of development cooperation17 . _________________ 16 COM(2021) 66 final, 18 February 2021 17 Article 208 of the Treaty on the Functioning of the EU concerning PCD reads: “The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries”.
Amendment 132 #
2021/0297(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) By providing preferential access to the Union market, the scheme should assist developing countries in their efforts to reduce poverty and achieve and promote good governance and sustainable development by helping them to generate additional revenue through international trade, which can then be re-invested for the benefit of their own development and, in addition, to diversify their economies. The scheme's tariff preferences should focus on less competitive products originating from those developing countries that have greater development, trade and financial needs.
Amendment 148 #
2021/0297(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The implementation of the generalized scheme of tariff preferences should also integrate the current discussions on reciprocal environmental and health production standards for Union products and products imported from third countries in conformity with the WTO (“mirror clauses”) with the aim of subjecting imported products to certain production requirements applied in the Union in line with the Paris Agreement.
Amendment 166 #
2021/0297(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Such a tTariff reductions should be sufficiently attractive, in order to motivate traders to make use of the opportunities offered by the scheme. Therefore, the ad valorem duties should generally be reduced by a flat rate of 3,5 percentage points from the 'most favoured nation' duty rate, while such duties for leather, leather products, textiles and textile goods should be reduced by 20 %. Specific duties should be reduced by 30 %. Where a minimum duty is specified, that minimum duty should not apply.
Amendment 169 #
2021/0297(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Safeguards are essential mechanisms to reduce beneficiary countries’ dependency on a few products, to focus preferences on less competitive products and to stimulate economic growth. The scheme should reinforce the Union’s financial and economic interests by providing effective and enforceable safeguards to sensitive products which should at the same time improve the diversification of their economies and the implementation of social and environmental rights in beneficiary countries.
Amendment 189 #
2021/0297(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration can bring important benefits to the countries of origin, transit and destination of migrants and contribute to their sustainable development and economic growth needs. Increasing coherence between trade, development and migration policies is key to ensure that the benefits of migration accrue mutually to both the origin, transit and destination countries. In this respect, it is essential for both origin, transit and destination countries to address common challenges, such as, stepping up cooperation on readmission of own nationals and their sustainable reintegration in the country of origin, in particular in order to avoid a constant drain in active population in the countries of origin, with the ensuing long- term consequences on development, and to ensure that migrants are treated with dignity.
Amendment 190 #
2021/0297(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Orderly international migration, safe, regular and responsible international migration and mobility of people, including through the implementation of planned and well- managed migration policies, as the Sustainable Development Goals target 10.7 establishes, can bring important benefits to the countries of origin and destination of migrants and contribute to their sustainable development needs . Increasing coherence between trade, development and migration policies, as it has been adopted by several European Council Conclusions, in particular the ones adopted on 16th December 2021, is key to ensure that the benefits of migration accrue mutually to both the origin and destination countries. In this respect, it is essential for both origin and destination countries to address common challenges, such as, stepping up cooperation on readmission of own nationals and their sustainable reintegration in the country of origin, in particular in order to avoid a constant drain in active population in the countries of origin, with the ensuing long- term consequences on development, and to ensure that migrants are treated with dignity.
Amendment 192 #
2021/0297(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The Union should favour a constructive engagement on all aspects of migration, forced displacement and mobility, working to ensure that migration takes place in a safe and well-regulated manner. It is essential to further step up cooperation on migration with partner countries, built on the more for more principle and using the full application of the NDICI-Global Europe instrument.
Amendment 194 #
2021/0297(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Return, readmission and reintegration are a common challenge for the Union and its partners. In particularAccording to the Court of Auditors less than 1 in 5 actually return to their own countries outside of Europe.1a The effective return of third country nationals who do not have the right to stay is an essential component of a well-functioning Common European Asylum System and for the Schengen Agreement. This requires the Union to cooperate closer with countries of origin and transit to ensure return. In this regard, every State has the obligation to readmit its own nationals under international customary law, and multilateral international conventions such as the Convention on International Civil Aviation signed in Chicago on 7 December 1944. Improving sustainable reintegration and capacity building would significantly strengthen the local development in the partner countries. Shortcomings in third countries related to the readmission of its own nationals need to be prevented to ensure the effective and dignified return of third country nationals who do not have the right to stay in Union. _________________ 1a European Court of Auditors Special Report 17/2021, https://www.eca.europa.eu/Lists/ECADoc uments/SR21_17/SR_Readmission- cooperation_EN.pdf
Amendment 201 #
2021/0297(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9 a (new)
Article 2 – paragraph 1 – point 9 a (new)
(9 a) ‘sensitive products’ means goods whose utilisation rate by standard GSP beneficiary countries could negatively impact the Union industry and primary sector;
Amendment 235 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Commission shall, every three years, review the list referred to in paragraph 2 of this Article and adopt an implementing act in the year preceding the review year, in accordance with the advisory procedure referred to in Article 39(2), in order to suspend or to re-establish the tariff preferences referred to in Article 7. That implementing act shall apply as of 1 January of the year following its entry in force.
Amendment 238 #
2021/0297(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The list referred to in paragraphs 2 and 3 of this Article shall be established on the basis of the data available on 1 September of the year in which the review is conducted and of the two years preceding the review year. It shall take into account imports from GSP beneficiary countries listed in Annex I as applicable at that time. However, the value of imports from GSP beneficiary countries, which upon the date of application of the suspension no longer benefit from the tariff preferences under Article 4(1), point (b), shall not be taken into account.
Amendment 290 #
2021/0297(COD)
Proposal for a regulation
Article 15 – paragraph 9
Article 15 – paragraph 9
9. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II in order to temporarily withdraw the tariff preferences provided under the special incentive arrangement for sustainable development and good governance referred to in Article 1(2), point (b). In adopting the delegated act the Commission may, when appropriate, consider the socio- economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 315 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c
Article 19 – paragraph 1 – point c
(c) serious shortcomings in customs controls on the export or transit of drugs (illicit substances or precursors), or related to the obligation to readmit the beneficiary country’s own nationals or serious failure to comply with international conventions on antiterrorism or anti-money laundering;
Amendment 318 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point c a (new)
Article 19 – paragraph 1 – point c a (new)
(c a) shortcomings related to the obligation to readmit the beneficiary country’s own nationals;
Amendment 322 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point d
Article 19 – paragraph 1 – point d
(d) serious and systematic unfair trading practices including those affecting the supply of raw materials, which have an adverse effect on the Union industry and which have not been addressed by the beneficiary country. For those unfair trading practices, which are prohibited or actionable under the WTO Agreements, the application of this Article shall be based on a previous determination to that effect by the competent WTO body; Commission following a Trade Barrier investigation under Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization. For the other unfair trading practices, including - but not limited to – breaches of intellectual property rights, trade distorting investment practices, trafficking and smuggling, breaches of competition rules and any other unfair trading practices that may hinder market access and the national treatment principle, the application of this Article shall be based on a previous determination to that effect under the conditions laid down in Paragraph 3;
Amendment 333 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Where the Commission, acting upon a complaint or on its own initiative, considers that there are sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article it shall adopt an implementing act to initiate the procedure for temporary withdrawal in accordance with the advisory procedure referred to in Article 39(2). The Commission shall inform the European Parliament and the Council of the adoption of that implementing act. Sufficient grounds justifying temporary withdrawal of the tariff preferences provided under any preferential arrangement referred to in Article 1(2) on the basis of the reasons referred to in paragraph 1 of this Article are prima facie deemed to exist in case a Trade Barrier investigation has already been concluded by the Commission in relation to the unfair trading practices at stake.
Amendment 344 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. The Commission shall provide the beneficiary country concerned with every opportunity to cooperate during the monitoring and evaluation period of six months from the date of publication of the noticmonitoring and evaluation period will be of six months from the date of publication of the notice. During this period, the Commission shall provide the beneficiary country concerned with every opportunity to cooperate.
Amendment 347 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
7. Within three months from the expiry of the period referred to in paragraph 5, the Commission shall submit a report on its findings and conclusions to the beneficiary country concerned. The beneficiary country has the right to submit its comments on the report. The period for comments shall not exceed one month. This paragraph does not apply in case a trade barrier investigation has already been concluded in relation to the unfair trading practices at stake.
Amendment 351 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 8 – introductory part
Article 19 – paragraph 8 – introductory part
8. Within sixthree months from the expiry of the period referred to in paragraph 4, point (b)5, the Commission shall decide:
Amendment 353 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 10
Article 19 – paragraph 10
10. Where the Commission considers that the findings justify temporary withdrawal for the reasons referred to in paragraph 1 of this Article, it is empowered to adopt delegated acts, in accordance with Article 36, to amend Annex I and Annex II, in order to temporarily withdraw the tariff preferences provided under the preferential arrangements referred to in Article 1(2). In adopting the delegated act the Commission may, where appropriate, consider the socio-economic effect of the temporary withdrawal of tariff preferences in the beneficiary country.
Amendment 358 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 12
Article 19 – paragraph 12
12. Where the Commission decides on temporary withdrawal, such delegated act shall become applicable sixthree months after its adoption.
Amendment 364 #
2021/0297(COD)
Proposal for a regulation
Article 19 – paragraph 16
Article 19 – paragraph 16
16. Where the Commission considers that there is sufficient evidence to justify temporary withdrawal for the reason set out in paragraph 1, point (a) and the exceptional gravity of the violations calls for a rapid response in view of the specific circumstances in the beneficiary country, it shall initiate the procedure for temporary withdrawal in accordance with paragraphs (3) to (15). However, the period referred to in paragraph 4, point (b)5 is reduced to 21 months and the deadline referred to in paragraph 8 is reduced to 53 months.
Amendment 374 #
2021/0297(COD)
Proposal for a regulation
Article 22 – paragraph 3 a (new)
Article 22 – paragraph 3 a (new)
3 a. “directly competing products” means a product which, after or prior to an industrial transformation, can be compared to another product.
Amendment 378 #
2021/0297(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. An investigation, including the procedural steps referred to in Articles 25, 26 and 27, shall be concluded within 12 9 months from its initiation.
Amendment 381 #
2021/0297(COD)
Proposal for a regulation
Chapter VI – Section II – title
Chapter VI – Section II – title
II Safeguards in the Textile, Footwear, Leather, Agriculture and Fisheries Sectors
Amendment 386 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. Without prejudice to Section I of this Chapter, on 1 January of each year, the Commission, on its own initiative and in accordance with the advisory procedure referred to in Article 39(2), shall adopt an implementing act in order to remove the tariff preferences referred to in Articles 7 and 12 with respect to the products from GSP sections S-11a8a, S-8b, S-11a , S-11b and S-11b2a or to products falling under Combined Nomenclature codes 1006, 1701, 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 and 43021980 where imports of such products, originate in a beneficiary country and their total value:
Amendment 393 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) for products falling under Combined Nomenclature codes 2207 10 00, 2207 20 00, 2909 19 10, 3814 00 90, 3820 00 00, and 38249956, 38249957, 38249992, 38248400, 38248500, 38248600, 38248700, 38248800, 38249993, and 38249996 their total value exceeds the share referred to in point 1 of Annex IV of the value of Union imports of the same products from all countries and territories listed in Annex I, columns A and B C, during a calendar year
Amendment 401 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) for products under GSP sections S- 11a and S-11b8a, S-8b, S-11a, S-11b and S-12a their total value exceeds the share referred to in point 3 of Annex IV of the value of Union imports of products in GSP sections S-11a8a, S-8b, S-11a, S-11b and S-11b2a from all countries and territories listed in Annex I, columns A and B C, during a calendar year.
Amendment 405 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b a (new)
Article 29 – paragraph 1 – point b a (new)
Amendment 406 #
2021/0297(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Paragraph 1 shall not apply to EBA beneficiary countries, nor shall it apply to countries with a share for the relevant products referred to in paragraph 1 not exceeding 6 % of total Union imports of the same products.
Amendment 421 #
2021/0297(COD)
Proposal for a regulation
Annex IV – subheading 1
Annex IV – subheading 1
Modalities for the application of Article 8 and Article 29
Amendment 427 #
2021/0297(COD)
Proposal for a regulation
Annex IV – point 1
Annex IV – point 1
1. Article 8 and Article 29 shall apply when the percentage share referred to in paragraph 1 of thatose Articles exceeds 470 %.
Amendment 429 #
2021/0297(COD)
Proposal for a regulation
Annex IV – point 2
Annex IV – point 2
2. Article 8 shall apply for each of the GSP sections S-2a, S-3 and S-5 of Annex III, when the percentage share referred to in paragraph 1 of that Article exceeds 17,50 %. Article 29 shall apply for products falling under Combined Nomenclature codes 1006 and 1701 when the percentage share referred to in paragraph 1 of that Article exceeds 10 %.
Amendment 436 #
2021/0297(COD)
Proposal for a regulation
Annex IV – point 3
Annex IV – point 3
3. Article 8 and Article 29 shall apply for each of the GSP sections S-11a8a, S-8b, S- 11a , S-11b and S-11b2a of Annex III, when the percentage share referred to in paragraph 1 of that Article exceeds 37 0%.
Amendment 83 #
2021/0214(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition. The CBAM is also consistent with the EU's objective of Open Strategic Autonomy.
Amendment 88 #
2021/0214(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Existing mechanisms to address the risk of carbon leakage in sectors or sub- sectors at risk of carbon leakage are the transitional free allocation of EU ETS allowances and financial measures to compensate for indirect emission costs incurred from GHG emission costs passed on in electricity prices respectively laid down in Articles 10a(6) and 10b of Directive 2003/87/EC. However, free allocatExisting carbon leakage measures are based on strict benchmarks established by the best- performing installations. These measures also represents an incentive to reduce emissions under the EU ETS weakens the price signal that the system provideshile also providing a carbon price signal for emissions above the benchmark level; they have proven so foar the installations receiving it compared to full auctioning and thus affects the incentives for investment into further abatement of emissionso be effective in reducing the risk of carbon leakage, although in the context of lower carbon prices than those experienced recently and those forecasted by 2030.
Amendment 96 #
2021/0214(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replacestrengthen carbon leakage protection in view of higher EU climate ambitions by 2030 and thereafter replace progressively these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out and by ensuring that EU products exported in the global market are not replaced by more carbon intensive products, which would undermine the objective of reducing global emissions. To ensure a gradual transition from the current system of free allowances to the CBAM, free allowances should only be phased out once the CBAM regulation has proven its effectiveness in terms of protection from the risk of carbon leakage both for imports and exports, not before 2030 and only following a three years test phase running from 2026 to 2028 during which the effectiveness of the mesure will be throughly assessed by the Commission. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 111 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent the risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated. Therefore, it will be relevant to export more sustainable products manufactured in the EU and avoid substitutes at a global level with higher carbon footprint.
Amendment 114 #
2021/0214(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) While the surrenderingof CBAM certificates for EU importers addresses the risk of carbon leakage on the EU market, it is essential that the CBAM would also seek to reduce the possibility of European low-carbon exports being replaced by carbon-intensive items on third country markets or by goods that are not subject to equivalent climate policy and carbon costs, undermining the goal of lowering global emissions. It is therefore necessary to continue addressing the risk of carbon leakageassociated with European exports to third countries that have not yet limited or priced GHG emissions at the same levels as the EU.
Amendment 116 #
2021/0214(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12 b) This Regulation does not apply to goods exported from the EU and therefore does not address carbon leakage associated with exports. Consequently, the Commission should monitor and evaluate the mechanism’s impact on export markets and, if the assessment of the effectiveness of the CBAM in tackling carbon leakage on the EU market is positive, after the three year test period, the Commission shall present a report to the European Parliament and Council accompanied with a legislative proposal to address the carbon leakage risk on export markets while starting the free allocation phase out as set out in the ETS directive.
Amendment 119 #
2021/0214(COD)
Proposal for a regulation
Recital 12 c (new)
Recital 12 c (new)
(12 c) If European industries producing goods subject to the CBAM face significant difficulties as a result of its implementation, the Commission develops an in-depth assessment in close collaboration with the industrial secotrs. This assessment should be completed as soon as possible to determine whether the mechanism is effective and practible.
Amendment 121 #
2021/0214(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition on climate mitigation, while ensuring WTO compatibility. However, the CBAM should be combined with rules addressing the exports component, such as the implementation of full or partial export duty exemptions, in order to fully eliminate concerns of carbon leakage and protect the competitiveness of European exported goods. Such a mechanism would be in line with the rules provided by the WTO Agreement on Subsidies and Countervailing Measures (ASCM).
Amendment 132 #
2021/0214(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to exclude from the CBAM third countries or territories fully integrated into, or linked, to the EU ETS and where the carbon cost burden is equivalent to that under the EU ETS, in the event of future agreements, the power to adopt acts in accordance with Article 290 of TFEU should be delegated to the Commission in respect of amending the list of countries in Annex II. Conversely, those third countries or territories should be excluded from the list in Annex II and be subject to CBAM whereby they do not effectively charge the ETS price on goods exported to the Union.
Amendment 135 #
2021/0214(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16 a) The implementing act pursuant to Article 7(6) shall include all input materials that contribute significantly to GHG emissions. In the case of stainless steel (CN codes 7218-7223), ferro-alloys shall be included in the list of input materials as they fulfil this criterion.
Amendment 147 #
2021/0214(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The CBAM system has some specific features compared with the EU ETS, including on the calculation of the price of CBAM certificates, on the possibilities to trade certificates and on their validity over time. These are due to the need to preserve the effectiveness of the CBAM as a measure preventing carbon leakage over time and to ensure that the management of the system idoes not add excessively burdensome administrative burden to EU companies in terms of obligations imposed on the operators and of resources for the administration, while at the same time preserving an equivalent level of flexibility available to operators under the EU ETS.
Amendment 156 #
2021/0214(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23 a) Given the unique nature of the CBAM and the need forclose EU coordination, a CBAM authority at the EU level should be established to properly implement and monitor the provisions contained in this regulation.
Amendment 157 #
2021/0214(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) In terms of sanctions, Member Statesthe EU Central Authority should apply penalties to infringements of this Regulation and ensure that they are implemented. The amount of those penalties should be identical to penalties currently applied within the Union in case of infringement of EU ETS according to Article 16(3) and (4) of Directive 2003/87/EC. However, in case of circumvention or absorption practices or in case of repeated infringements of the provisions of the present Regulation, stronger penalties should apply to avoid undermining the effectiveness of the CBAM regime.
Amendment 191 #
2021/0214(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Contracting Parties to the Treaty establishing the Energy Community45 or Parties to Association Agreements including Deep and Comprehensive Free Trade Areas are committed to decarbonisation processes that should eventually result in the adoption of carbon pricing mechanisms similar or equivalent to the EU ETS or in their participation in the EU ETS similar to the EU ETS should benefit from CBAM exemption with regard to the goods originating in those countries provided that certain conditions are satisfied. Those third countries should develop a roadmap and commit to implement an effective system of monitoring, reporting and verification of greenhouse gas emissions, a carbon pricing mechanism similar to the EU ETS, and should commit to achieving carbon neutrality. That exemption should be withdrawn if there are reasons to believe that the country in question does not fulfil its commitments. The Union is committed to providing those third countries with financial support for the adoption of carbon pricing mechanisms similar to the EU ETS, the deployment of decarbonization technologies, and the implementation of other measures aimed at achieving climate neutrality. _________________ 45 Council Decision 2006/500/EC of 29 May 2006 on the conclusion by the European Community of the Energy Community Treaty (OJ L 198, 20.7.2006, p. 15).
Amendment 202 #
2021/0214(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to prevent distortion of competition in the EU and in global markets and possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . With regard to indirect emissions, the evaluation shall take into account the exposure of EU producers to carbon costs passed on in electricity prices due to the functioning of the EU energy market. _________________ 47 Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 216 #
2021/0214(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism, provided that they deliver equivalent GHG emissions reductions and carbon costs constraints.
Amendment 232 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage from the EU and contribute to the reduction of global carbon emissions.
Amendment 235 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism willshould progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, if it has been proven to be effective in preventing carbon leakage both for imports into and exports from the Union’s custom territory, and without prejudice to maintaining EU ETS allowances free of charge at benchmark level until a test period with actual surrendering obligation by declarants running until 2030 has proven such effectiveness.
Amendment 241 #
2021/0214(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. The Commission holds consultations and will put forward a concrete proposal on how revenues generated by CBAM will be used by the end of the transitional period at the latest. At least part of the possible revenues could be dedicated to supporting decarbonisation process at the less developed third countries.
Amendment 251 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11
Article 2 – paragraph 11
11. The CommissiIf a third country is committed to decarbon is empowered to adopt delegated acts in accordance with Article 28 to amend the lists in Annex II, Sections A or B, depending on whether the conditions in paragraphs 5, 7 or 9ation processes that should result in the adoption of emission trading system similar to the EU ETS, the importation of goods originating in that country shall be exempt from the application of the CBAM, provided all of the following conditions are satisfied.:
Amendment 252 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11
Article 2 – paragraph 11
11. The Commission is empowered to adopt delegated acts in accordance with Article 28 to amend the lists in Annex II, Sections A or B, depending on whetheras soon as the conditions in paragraphs 5, 7 or 9 are satisfied.
Amendment 253 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – subparagraph 1 (new)
Article 2 – paragraph 11 – subparagraph 1 (new)
the third country is a party to the Treaty establishing the Energy Community and/or a party to Association Agreement, including a Deep and Comprehensive Free Trade Area with the Union;
Amendment 254 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point 1 (new)
Article 2 – paragraph 11 – point 1 (new)
(1) the third country has submitted a roadmap to the Commission, containing a timetable for the adoption of measures to implement the conditions set out in points (d), (e), and (f);
Amendment 255 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point 2 (new)
Article 2 – paragraph 11 – point 2 (new)
(2) the third country is committed to adopt an emission trading system similar to the EU ETS;
Amendment 256 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point 3 (new)
Article 2 – paragraph 11 – point 3 (new)
(3) the third country has committed to climate neutrality and has accordingly formally formulated and communicated, where applicable, to the United Nations Framework Convention on Climate Change a long-term low greenhouse gas emissions development strategy aligned with that objective, and has implemented that obligation in its domestic legislation;
Amendment 257 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point 4 (new)
Article 2 – paragraph 11 – point 4 (new)
(4) the third country has, when implementing the roadmap pursuant to point (c), demonstrated substantial progress towards the alignment of domestic legislation with Union law in the field of climate action on the basis of that roadmap. The implementation of an emission trading system by 1 January 2030 is conditional upon third country’s receipt of the financial, institutional, and expert support from the Union.
Amendment 258 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 a (new)
Article 2 – paragraph 11 a (new)
11 a. the third country has put in place an effectivesystem of monitoring, reporting and verification of greenhouse gas emissions;
Amendment 259 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9A third country satisfying the conditions set out in paragraph 11, points (a) to (f), shall be listed in Annex II, Section C, of this Regulation, and shall submit two reports on the fulfilment of the conditions pursuant to paragraph 7, points (a) to (f), one before 1 July 2025 and another before 1 July 2029. By 31 December 2025 and by 31 December 2029, the Commission shall assess, notably on the basis of the roadmap pursuant to paragraph 11, point (c), and the reports received from the third country, whether that third country continues to respect the conditions set out in paragraph 11.
Amendment 262 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9. These agreements shall not lead to undue preferential treatment of imports from third countries as regards the CBAM certificates to be surrendered and they must not take into account any carbon pricing mechanisms that are considered to be circumvention practices under Article 27.
Amendment 263 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
12 a. A third country listed in Annex II, Section C of this Regulation, shall be removed from that list if the Commission has reasons to consider that the country has not shown sufficient progress to comply with one of the requirements listed in paragraph 11, points (a) to (f), or if the country has taken action incompatible with the objectives set out in the Union climate and environmental legislation.
Amendment 265 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 b (new)
Article 2 – paragraph 12 b (new)
12 b. The Commission can adopt delegated acts in accordance with Article 28 to amend the lists in Annex II, Sections A, B or C, depending on whether the conditions in paragraphs 5, 7, 9, 11 or 13 are satisfied.
Amendment 267 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 c (new)
Article 2 – paragraph 12 c (new)
Amendment 290 #
2021/0214(COD)
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The Commission is empowered to adopt implementing acts concerning detailed rules regarding the elements of the calculation methods set out in Annex III, including determining system boundaries of production processes, emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods as well as laying down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data. Where necessary, those acts shall provide that the default values can be adapted to particular areas, regions or countries to take into account specific objective factors such as geography, natural resources, market conditions, prevailing energy sources, or industrial processes. The implementing acts shall build upon existing legislation for the verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Implementing Regulation (EU) No 2018/2067.
Amendment 298 #
2021/0214(COD)
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. The Commission is empowered to adopt implementing acts concerning the principles of verification referred to in paragraph 1 as regards the possibility to waive the obligation for the verifier to visit the installation where relevant goods are produced and the obligation to set thresholds for deciding whether misstatements or non-conformities are material and concerning the supporting documentation needed for the verification report. Provisions laid down in such implementing acts shall be equivalent to the provisions set in Regulation 2018/2067.
Amendment 304 #
2021/0214(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person, verifier accredited pursuant to art. 18 and in line with the competences established in art. 8(1) concerning the verification of embedded emissions. The accredited verifier is required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 313 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by a register the information on operators of an installations located in a third country, register the information on that operator and on itsies and on those installations in a central database referred to in Article 14(4).
Amendment 317 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The records referred to in paragraph 5, point (c), shall be sufficiently detailed to enable the verification in accordance with paragraph 5, point (b), and to enable any competent authority to verify and to review, in accordance with Article 19(1), the CBAM declaration made by an authorised declarant to whom the relevant information was disclosed in accordance with paragraph 8.
Amendment 322 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The operator may, at any timefter 5 years and with previous notification, ask to be deregistered from the database.
Amendment 325 #
Amendment 327 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. A central CBAM authority at the EU level is established for the purpose of implementing and managing this Regulation.Its composition and tasks shall be established by way of separate Regulation. Each Member State shall designate the national competent authority to carry out the obligations and cooperate with the EU CBAM authority under this Regulation and inform the CommissionEU CBAM authority thereof.
Amendment 331 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
The Commission shall make available to the Member States a list of all competent national authorities and publish this information in the Official Journal of the European Union.
Amendment 332 #
2021/0214(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Member States shall require that national competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties through a network established under the responsibility of the EU CBAM authority.
Amendment 337 #
Amendment 339 #
2021/0214(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The CommissionEU CBAM authority shall be assisted by the competent national authorities in carrying out their obligations under this Regulation and coordinate their activities.
Amendment 342 #
2021/0214(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
All information acquired by the central and national competent authorityies in the course of performing itstheir dutyies which is by its nature confidential or which is provided on a confidential basis shall be covered by an obligation of professional secrecy. Such information shall not be disclosed by the competent authority without the express permission of the person or authority that provided it. It may be shared with customs authorities, the Commission and the European Public Prosecutors Office and shall be treated in accordance with Council Regulation (EC) No 515/97.
Amendment 349 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialmade available to the public, unless it is proven that it is business confidential according to the relevant EU legislation. Non- confidential summaries must be included with confidential information. Information equivalent to the one made publicly available for EU producers under the EU ETS central database shall be made public.
Amendment 351 #
2021/0214(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The CommissionEU CBAM authority shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.The central database should insofar as possible, mirror the ETS database
Amendment 352 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The CommissionEU CBAM authority shall act as central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re-purchase and cancellation and ensure coordination of national registries.
Amendment 355 #
2021/0214(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. If irregularities are identified as a result of the controls carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities. Identified irregularities shall be corrected as soon as possible from their identification and, where appropriate, penalties pursuant to article 27 shall apply.
Amendment 358 #
2021/0214(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The national competent authority shall assign to each authorised declarant a unique CBAM account number which will be registered with the EU CBAM Authority.
Amendment 359 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. The national competent authority shall authorise a declarant who submits an application for authorisation in accordance with Article 5(1), if the following conditions are fulfilled:
Amendment 361 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the declarant hasand the operators of installations located in third countries from whom the declarants sources goods have respectively not been involved in a serious infringement or repeated infringements of customs legislation, circumvention of antidumping or antisubsidy duties, taxation rules and market abuse rules and has no record of serious criminal offences relating to its economic activity during the five years preceding the application;
Amendment 366 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Where the national competent authority finds that the conditions listed in paragraph 1 are not fulfilled, or where the applicant has failed to provide the information listed in Article 5(3), the authorisation of the declarant shall be refused.
Amendment 367 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. If the national competent authority refuses to authorise a declarant, the declarant requesting the authorisation may, prior to an appeal, object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.
Amendment 368 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 4 – introductory part
Article 17 – paragraph 4 – introductory part
4. A decision of the competent national authority authorising a declarant shall contain the following information
Amendment 370 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 6 – introductory part
Article 17 – paragraph 6 – introductory part
6. The competent national authority shall require the provision of a guarantee in order to authorise a declarant in accordance with paragraph 1, if the declarant was not established throughout the two financial years that precede the year when the application in accordance with Article 5(1) was submitted.
Amendment 371 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 6 – subparagraph 1
Article 17 – paragraph 6 – subparagraph 1
The competent national authority shall fix the amount of such guarantee at the maximum amount, as estimated by the competent authority, of the value of the CBAM certificates that the authorised declarant have to surrender, in accordance with Article 22.
Amendment 372 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The guarantee shall be provided as a bank guarantee, payable at first demand, by a financial institution operating in the Union or by another form of guarantee which provides equivalent assurance. Where the competent national authority establishes that the guarantee provided does not ensure, or is no longer certain or sufficient to ensure the amount of CBAM obligations, it shall require the authorised declarant either to provide an additional guarantee or to replace the initial guarantee with a new guarantee, according to its choice.
Amendment 373 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. The competent national authority shall release the guarantee immediately after 31 May of the second year in which the authorised declarant has surrendered CBAM certificates in accordance with Article 22.
Amendment 375 #
2021/0214(COD)
Proposal for a regulation
Article 17 – paragraph 9
Article 17 – paragraph 9
9. The competent national authority shall revoke the authorisation for a declarant who no longer meets the conditions laid down in paragraph 1, or who fails to cooperate with that authority.
Amendment 376 #
2021/0214(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 378 #
2021/0214(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 380 #
2021/0214(COD)
1. The competententral and national authorityies may review the CBAM declaration within the period ending with the fourth year after the year in which the declaration should have been submitted. The review may consist in verifying the information provided in the CBAM declaration on the basis of the information communicated by the customs authorities in accordance with Article 25(2) and any other relevant evidence, and on the basis of any audit deemed necessary, including at the premises of the authorised declarant.
Amendment 382 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 1 – point 1 (new)
Article 19 – paragraph 1 – point 1 (new)
(1) The national competent authority shall inform the EU CBAM authority of the quantity and installation source of the exports. The EU CBAM authority shall inform the Commission of the data received so as to allow the Commissionto to make adjustments to the allowances to be surrendered for the intallation source of the exports.
Amendment 387 #
2021/0214(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Where a CBAM declaration in accordance with Article 6 has not been submitted, the competent authority of the Member State of establishment of the authorised declarant shall assess the CBAM obligations of that declarant on the basis of the information at its disposal and calculate the total number of CBAM certificates due at the latest by the 31 December of the fourth year following that when the CBAM declaration should have been submitted.
Amendment 408 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. In case of repeated failure to surrender a number of CBAM certificates corresponding to the emissions embedded in goods imported during the previous year, or in case of submission of false information in the CBAM declaration, an authorized declarant, and any of its related parties, maybe automatically excluded from the register for a given period from the date of exclusion. The respective verifier – and any of its related parties - who has certified the accuracy of the information in the CBAM declaration should have its certification withdrawn by the central CBAM authority.
Amendment 412 #
2021/0214(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. Member StatesThe central CBAM authority may apply administrative or criminal sanctions for failure to comply with the CBAM legislation in accordance with their national rules in addition to penalties referred to in paragraphs 2 and 4a. Such sanctions shall be effective, proportionate and dissuasive.
Amendment 417 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Practices of circumvention include situations where a change in the pattern of trade in relation to goods included in the scope of this Regulation whether slightly modified or not, stems from a practice, process or work, has insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation and consist in replacing those goods with slightly modified products, which are not included in the list of goods in Annex I but belong to a sector included in the scope of this Regulation.
Amendment 419 #
2021/0214(COD)
2 a. The practice, process or work referred to in the first subparagraph include, inter alia: (a) the slight modification of the product concerned to make it fall under customs codes which are normally not subject to the obligations of this Regulation, provided that the modification does not alter its essential characteristics; (b) false declarations as to the identity of the producer of the product concerned or of the nature of the product concerned or the production process involved in making it; (c) the consignement of the product concerned via third countries to which no or more favourable obligations apply; (d) the reorganisation by exporters or producers of their patterns and channels of sales in order to eventually avoid obligations as laid down in this Regulation,or undermine their effects, including on overall GHG emissions and on prices of the like products, for instance via practices of resource shuffling;For thepurpose of this point, resource shuffling shall be defined as any practice, process or work that have insufficient due cause or economic justification other than avoiding obligations as laid down in this Regulation, or undermining their effects, without delivering environmental benefits on global GHGemissions; (e) any other measure to eventually avoid or evade obligations as laid down in this Regulation, or undermine their effects, including onoverall GHG;
Amendment 426 #
2021/0214(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Contracting Parties to the Treaty establishing the Energy Community45 or Parties to Association Agreements including Deep and Comprehensive Free Trade Areas are committed to decarbonisation processes that should eventually result in the adoption of carbon pricing mechanisms similar or equivalent to the EU ETS or in their participation in the EU ETS. to the EU ETS should benefit from CBAM exemption with regard to the goods originating in those countries provided that certain conditions are satisfied. Those third countries should develop a roadmap and commit to implement an effective system of monitoring, reporting and verification of greenhouse gas emissions, a carbon pricing mechanism similar to the EU ETS, and should commit to achieving carbon neutrality. That exemption should be withdrawn if there are reasons to believe that the country in question does not fulfil its commitments. The Union is committed to providing those third countries with financial support for the adoption of carbon pricing mechanisms similar to the EU ETS, the deployment of decarbonisation technologies, and the implementation of other measures aimed at achieving climate neutrality. __________________ 45 Council Decision 2006/500/EC of 29 May 2006 on the conclusion by the European Community of the Energy Community Treaty (OJ L 198, 20.7.2006, p. 15).
Amendment 429 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 434 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3 a. Following a notification from a Member State, an interested party or on its own initiative, the Commission may decide, following an investigation, to extend obligations laid down in this regulation, in whatever way is necessary to prevent future circumvention of the mechanism, when circumvention of the measures in force is taking place.
Amendment 437 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
Amendment 445 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5 a. Decisions referred to in the third paragraph shall be subject to theappeal procedure as set out in Article 30.
Amendment 446 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 b (new)
Article 27 – paragraph 5 b (new)
5 b. The Commission shall always investigate possible circumvention when notified by a Member State or an interested party. Initiations shall be made by means of a Commission regulation which shall also instruct customs authorities of Member States to subject imports to registration. The Commission shall provide information to the Member States once a party or a Member State has submitted a request to initiate an investigation and the Commission has completed its analysis thereof, or where the Commission has itself determined that there is a need to initiate an investigation.
Amendment 449 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 c (new)
Article 27 – paragraph 5 c (new)
5 c. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded in due time.
Amendment 451 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5 d (new)
Article 27 – paragraph 5 d (new)
5 d. The Commission Decision finding circumvention shall impose a penalty pursuant to article 26 on an Authorised Declarant involved in the circumvention and, if appropriate, the operator of the installation located in the third country that is linked to the Authorised Declarant. Where appropriate, the penalty shall also entail the withdrawal of import authorisation and be extended to the operator.
Amendment 453 #
2021/0214(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a Absorption 1. If any party submits sufficient evidence that, following the entry into force of this Regulation, an Authorised Declarant has been absorbing the cost of the CBAM Certificates, resulting in no or insufficient movement in the resale prices or subsequent selling prices of the imported product in the Union, and that such a situation has insufficient due cause or economic justification other than undermining the effects of the obligations as laid down in this Regulation, the Commission shall open an investigation. Once a party has presented sufficient evidence justifying the opening of an inquiry and the Commission hasfinished its study, the Commission will inform the Member States. 2. The investigation may also be opened, under the conditions set out in the first subparagraph, on the initiative of the Commission or at the request of a Member State. 3. During an investigation pursuant to this Article, any interested party shall be provided with an opportunity to clarify the situation with regard to resale prices and subsequent selling prices. 4. Investigations shall be carried out by the Commission. The Commission may be assisted by customs authorities and the investigation shall be concluded within in due time. 5. If it is concluded that the obligations as laid down in this Regulation should have led to movements in such prices, the Commission shall take appropriate measures to re-establish the effectiveness of the obligations as set out in this Regulation. Such measures imposed pursuant to this Article shall not exceed the amount of the penalties as set out in Article 26.
Amendment 455 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(10), 2(114), 18(3) and 27(5) shall be conferred on the Commission for an indeterminate period of time.
Amendment 457 #
2021/0214(COD)
3. The delegation of power referred to in Articles 2(10), 2(114), 18(3) and 27(5) may be revoked at any time by the European Parliament or by the Council.
Amendment 460 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 7
Article 28 – paragraph 7
7. A delegated act adopted pursuant to Articles 2(10), 2(114), 18(3) and 27(5) 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.
Amendment 473 #
2021/0214(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, an in-depthe assessment ofdeveloped in cooperation with the sectors at risk of carbon leakage covered by this regulation of the rules to be applied in the testing period established pursuant art. 30bis and the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system as well as an assessment of the impact on competitiveness of the EU downstream industry. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. Such an extension should be considered only if a clear calculation methodology has been established by the Commission and once the mechanism has proven fully effective in terms of achieving its objective of carbon leakage protection.
Amendment 494 #
2021/0214(COD)
Proposal for a regulation
Article 30 a (new)
Article 30 a (new)
Article 30 a Before phasing out free allocation to sectors at risk of carbon leakage covered by this rule, the Commission will monitor and assess the mechanism's efficacy in terms of the risk of carbon leakage. To this purpose, the Commission shall publish a report to the European Parliament and the Council, following consultation with the sectors subject by this Regulation,evaluating: a. the first three years (2026-2028) of thesurrendering obligation pursuant to article 22; b. the risk of carbon leakage on export markets. If the assessment is positive, the report shall be accompanied by a legislativeproposal to phase out free allocation to sectors subject to this regulation and to adopt a solution to mitigate the risk of carbon leakage on the export market.
Amendment 535 #
2021/0214(COD)
Proposal for a regulation
Annex II – Part 2 a (new)
Annex II – Part 2 a (new)
2a Section C - Countries outside the scope of this Regulation who are committed to decarbonisation processes that should result in the adoption of emission trading system similar to the EU ETS. [Currently empty]
Amendment 542 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 3 – paragraph 2 – introductory part
Annex III – point 3 – paragraph 2 – introductory part
Where AttrEmg are the attributed emissions of goods g, and ALg the activity level of the goods, the latter being the amount of goods produced in the reporting period in that installation, and EEInpMat are the embedded emissions of the input materials (precursors) consumed in the production process. Only input materials listed as relevant to the system boundaries of the production process as specified in the implementing act adopted pursuant to Article 7(6) are to be considered. The implementing act pursuant to Article 7 (6) shall include all input materials that contribute significantly to GHG emissions. In the case of stainless steel (CN codes 7218-7223), ferro-alloys shall be included in the list of input materials as they fulfil this criterion. The relevant EEInpMat are calculated as follows:
Amendment 547 #
2021/0214(COD)
Proposal for a regulation
Annex III – point 6
Annex III – point 6
Amendment 620 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11
Article 2 – paragraph 11
11. The Commission is empowered to adopt delegated acts in accordance with Article 28 to amend the lists in Annex II, Sections A or B, depending on whether the conditions in paragraphs 5, 7 or 9If a third country is committed to decarbonisation processes that shall result in the adoption of emission trading system similar to the EU ETS, the importation of goods originating in that country shall be exempt from the application of the CBAM, provided all of the following conditions are satisfied.:
Amendment 622 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point a (new)
Article 2 – paragraph 11 – point a (new)
(a) the third country is a party to the Treaty establishing the Energy Community and/or a party to Association Agreement, including a Deep and Comprehensive Free Trade Area with the Union;
Amendment 623 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point b (new)
Article 2 – paragraph 11 – point b (new)
(b) the third country has put in place an effective system of monitoring, reporting and verification of greenhouse gas emissions;
Amendment 624 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point c (new)
Article 2 – paragraph 11 – point c (new)
(c) the third country has submitted a roadmap to the Commission, containing a timetable for the adoption of measures to implement the conditions set out in points (d), (e), and (f);
Amendment 625 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point d (new)
Article 2 – paragraph 11 – point d (new)
(d) third country is committed to adopt an emission trading system similar to the EU ETS;
Amendment 626 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11– point e (new)
Article 2 – paragraph 11– point e (new)
(e) the third country has committed to climate neutrality and has accordingly formally formulated and communicated, where applicable, to the United Nations Framework Convention on Climate Change a long-term low greenhouse gas emissions development strategy aligned with that objective, and has implemented that obligation in its domestic legislation;
Amendment 627 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 11 – point f (new)
Article 2 – paragraph 11 – point f (new)
(f) the third country has, when implementing the roadmap pursuant to point (c), demonstrated substantial progress towards the alignment of domestic law with Union law in the field of climate action on the basis of that roadmap. The implementation of an emission trading system by 1 January 2030 is conditional upon third country’s receipt of the financial, institutional, and expert support from the Union.
Amendment 628 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9A third country satisfying the conditions set out in paragraph 11, points (a) to (f), shall be listed in Annex II, Section C, of this Regulation, and shall submit two reports on the fulfilment of the conditions pursuant to paragraph 7, points (a) to (f), one before 1 July 2025 and another before 1 July 2029. By 31 December 2025 and by 31 December 2029, the Commission shall assess, notably on the basis of the roadmap pursuant to paragraph 11, point (c), and the reports received from the third country, whether that third country continues to respect the conditions set out in paragraph 11.
Amendment 633 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
12a. A third country listed in Annex II, Section C of this Regulation, shall be removed from that list if the Commission has reasons to consider that the country has not shown sufficient progress to comply with one of the requirements listed in paragraph 11, points (a) to (f), or if the country has taken action incompatible with the objectives set out in the Union climate and environmental legislation.
Amendment 634 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 b (new)
Article 2 – paragraph 12 b (new)
12b. The Commission is empowered to adopt delegated acts in accordance with Article 28 to amend the lists in Annex II, Sections A, B or C, depending on whether the conditions in paragraphs 5, 7, 9, 11 or 13 are satisfied.
Amendment 635 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 12 c (new)
Article 2 – paragraph 12 c (new)
12c. The Union may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries.
Amendment 776 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall, upon request by an operator of an installation located in a third country, register the information on that operator and on its installation in a central databaseCBAM registry referred to in Article 14(4).
Amendment 786 #
2021/0214(COD)
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. An operator may disclose tThe information on the verification ofed embedded emissions referred to in paragraph 5 to an authorised declarantshall be publicly accessible via the CBAM registry. The authorised declarant shall be entitled to avail itself of that disclosed information to fulfil the obligation referred to in Article 8.
Amendment 1093 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 2(10), 2(114), 18(3) and 27(5) shall be conferred on the Commission for an indeterminate period of time.
Amendment 1098 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The delegation of power referred to in Articles 2(10), 2(114), 18(3) and 27(5) may be revoked at any time by the European Parliament or by the Council.
Amendment 1103 #
2021/0214(COD)
Proposal for a regulation
Article 28 – paragraph 7
Article 28 – paragraph 7
7. A delegated act adopted pursuant to Articles 2(10), 2(114), 18(3) and 27(5) 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.
Amendment 1259 #
2021/0214(COD)
Proposal for a regulation
Annex II – Part 2 a (new)
Annex II – Part 2 a (new)
Section C - Countries outside the scope of this Regulation who are committed to decarbonisation processes that should result in the adoption of emission trading system similar to the EU ETS [Currently empty]
Amendment 357 #
2021/0211(COD)
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) So far only around 8 % (about EUR 52 billion) of support under the national Recovery and Resilience Plans is allocated to industry and to support industry in the climate transition. In order to ensure that the introduction of the new own resource based on 25 % of the revenue of the strengthened EU ETS for the stationary, aviation and maritime sectors contributes not only to the repayment of NextGenerationEU debts, but also to the Union’s climate mainstreaming objectives as required by the Interinstitutional Agreement of 16 December 2020, Member States should significantly increase their share of the Recovery and Resilience Plans dedicated to support industry in the climate transition.
Amendment 363 #
2021/0211(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, offering the opportunity to guarantee investors in innovative climate-friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs. CCDs will be an important mechanism to support the development of decarbonisation technologies such as CCS and CCU and optimises the use of available resources. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
Amendment 412 #
2021/0211(COD)
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) The increasing energy prices are a big concern for citizens, especially low- income families, and industry, especially SMEs. The main cause of rising energy prices is our dependency on fossil fuel imports. That is why the Fit for 55 Package will, in the future, avoid such constraints. In addition to that, the EU ETS should also be better designed to mitigate the minor part of the problem that is linked to the volatility of EU ETS market prices.
Amendment 413 #
2021/0211(COD)
Proposal for a directive
Recital 42 b (new)
Recital 42 b (new)
(42b) Unexpected or sudden market volatility or excessive price shocks on the EU carbon market, for example, as a result of sudden changes in market behaviour or excessive speculation, negatively affect market predictability and the stable investment climate which is essential for the planning of decarbonization and innovation investments. Therefore, the measures in the event of excessive price fluctuations will be strengthened in a targeted manner to improve the assessment of and reaction to unwarranted price evolutions. These targeted improvements should continue to ensure the proper functioning of the carbon markets, including the role of intermediaries and financial actors in providing liquidity to the market and market access for compliance actors, notably SMEs, while avoiding unexpected or sudden volatility or price shocks.
Amendment 414 #
2021/0211(COD)
Proposal for a directive
Recital 42 c (new)
Recital 42 c (new)
(42c) The European Securities and Markets Authority (ESMA) is preparing an assessment of carbon market integrity and transparency, expected to be published by the end of March 2022. This report should be followed, as soon as possible, by a legislative proposal by the Commission to introduce a transparency mechanism for the European carbon markets. However, to continuously monitor market integrity and transparency and guide any rapid potential action, the European Securities and Markets Authority (ESMA) should annually assess and report on the market integrity and transparency of the market and, where relevant, issue further recommendations for targeted improvements. This annual assessment should in particular examine market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Targeted improvements could, for example, include a modification of the reporting of positions held by different categories of participants and penalty mechanisms for market abuse as set out in Regulation (EU) No 596/2014 [Market Abuse Regulation], for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. The recommendations should be assessed in the Commission report which may be accompanied, where appropriate, by a legislative proposal by the Commission to improve integrity and transparency of the European carbon markets.
Amendment 533 #
2021/0211(COD)
Proposal for a directive
Recital 52 a (new)
Recital 52 a (new)
(52a) Since the transport sector is currently the only sector that has failed to deliver any reductions of greenhouse gas emissions, a significant level of investment in sustainable transport options is required to achieve the Union climate goals and support a modal shift to environmentally friendly forms of transport. Therefore, at least 15 % of the expected revenues from the increased trading of emissions to arise as a result of the extension of the scope of the EU ETS and the introduction of a new EU ETS for heating, transport and other fuels pursuant to this Directive, including 15 % of the national revenues to be allocated by Member States as well as 15 % of the revenues under the Innovation Fund, should be allocated to the further development of public transport, in particular railway and bus systems.
Amendment 760 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EU
Article 3gd a (new)
Article 3gd a (new)
Article 3gda Contractual arrangements Where the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual arrangement, by an entity other than the shipping company, that entity shall be responsible under the contractual arrangement for covering the costs arising from the implementation of this Directive. For the purposes of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of the ship. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs referred to in paragraph 1 of this Article in accordance with Article 16.
Amendment 868 #
2021/0211(COD)
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/EU
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 a shift to low- emission, zero-emission and public forms of transport;, including the development of passenger and freight rail transport and bus services and technologies;”
Amendment 889 #
2021/0211(COD)
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/EU
Article 10 – paragraph 3 – subparagraph 1 a (new)
Article 10 – paragraph 3 – subparagraph 1 a (new)
(ca) in paragraph 3, the following subparagraph is inserted: “By way of derogation from the first subparagraph, Member States shall use at least 15 % of the revenues generated from the auctioning of allowances for the development of public transport, in particular passenger and freight rail transport and bus services and technologies, as referred to in point (f) of the first subparagraph.”
Amendment 914 #
2021/0211(COD)
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/EU
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
(da) the following paragraph is added: “5a. Following the first European Securities and Markets Authority (ESMA) assessment of carbon market integrity and transparency to be published by the end of March 2022, the Commission shall, where appropriate, present as soon as possible a legislative proposal to introduce a transparency mechanism for the European carbon markets.”
Amendment 915 #
2021/0211(COD)
(db) the following paragraph is added: “5b. The European Securities and Markets Authority (ESMA) shall regularly monitor the market integrity and transparency of the European carbon market. Each year, it shall produce a public report on the market integrity and transparency of the market, in particular examining the functioning of the market in light of any market volatility and price evolution, the operation of the auctions and trading operations on the market, liquidity and the volumes traded, and the categories and trading behaviour of market participants. Where relevant, this report shall include recommendations to strengthen market integrity and transparency. These recommendations shall, in particular, consider targeted revisions of the measures in the event of excessive price fluctuations or a modification of the penalty mechanisms, for example through a fluctuating penalty based on the previous year’s average auction price, the non-delivery of allowances, the adjustment of the quantity of subsequent auctions, or a combination thereof. These recommendations shall be assessed in the Commission report pursuant to paragraph 5 which shall be accompanied, where appropriate, by a legislative proposal by the Commission to improve the transparency and integrity of the European carbon market pursuant to Article 29.”
Amendment 1196 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
At least 15 % of the allowances made available to the Innovation Fund under this paragraph shall be used for the further development of public transport, in particular railway and bus systems, addressing both the physical and digital infrastructure and fleets.
Amendment 1198 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EU
Article 10a – paragraph 8 – subparagraph 3 a (new)
Article 10a – paragraph 8 – subparagraph 3 a (new)
The Innovation Fund may also support Carbon Contracts for Difference (CCDs) to support decarbonisation technologies like CCS and CCU for which the carbon price might not be a sufficient incentive. The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the rules on the operation of the CCDs by the 31 December 2023.
Amendment 1341 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
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 disposal.
Amendment 1388 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2007/87/EU
Article 29 a
Article 29 a
(19b) Article 29a is replaced by the following: "Article 29a Measures in the event of excessive price fluctuations 1. If, for more than six consecutive months, the average allowance price is more than threetwo times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/ECrelease 100 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1(7) of Decision (EU) 2015/1814 over a period of six months. 1a. If, after the period of six months referred to in paragraph 1, the condition in paragraph 1 is still met, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC to assess if the price evolution referred to in paragraph 1 corresponds to changing market fundamentals. 2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, as a matter of urgency, one of the following measures may be adoptedshall be taken, taking into account the degree of price evolution: (a) a measure which allows Member States to bring forward the auctioning of a part of the quantity to be auctioned; (b) a measure which allows Member States to auction up to 25 % of the remaining allowances in the new entrants reserve. Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). 3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. 4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
Amendment 1466 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 – point b
Article 30 d – paragraph 5 – subparagraph 1 – point b
(b) measures intended to accelerate the uptake of zero-emission vehicles or to provide financial support for the deployment of fully interoperable refuelling and recharging infrastructure for zero-emission vehicles or measures to encourage a shift to public forms of transport, in particular the development of passenger and freight rail transport and bus services and technologies, and improve multimodality, or to provide financial support in order to address social aspects concerning low and middle-income transport users.
Amendment 1471 #
2021/0211(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 d – paragraph 5 – subparagraph 1 a (new)
Article 30 d – paragraph 5 – subparagraph 1 a (new)
Amendment 1570 #
2021/0211(COD)
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 2015/1814/EU
Article 1 – paragraph 7
Article 1 – paragraph 7
(ca) paragraph 7 is replaced by the following: "7. In any year, if paragraph 6 of this Article is not applicable and measures are adopted under Article 29a, paragraph 1 of Directive 2003/87/EC, 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. ”; Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015D1814- 20180408&qid=1644861141149)
Amendment 107 #
2021/0210(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, fewer jobs and a loss of connectivity for citizens and businesses
Amendment 110 #
2021/0210(COD)
(1a) The maritime sector employs 2 million Europeans and contributes 149 billion Euros to the economy. For every million Euros generated in the shipping industry, 1,8 million Euros is generated elsewhere in the EU economy1a. _________________ 1a European Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.
Amendment 112 #
2021/0210(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Maritime transport is the most environmentally friendly transport mode with significantly lower greenhouse gas emissions per tonne of goods transported compared to other modes.1b At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. _________________ 1b European Environment Agency study, 2020, Methodology for GHG Efficiency of Transport Modes, Final Report, Fraunhofer-Institute for Systems and Innovation Research Karlsruhe, 2020: https://www.eea.europa.eu/publications/ra il-and-waterborne-transport
Amendment 116 #
2021/0210(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to motivate the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happenbe under way by 2030 to prepare for much more rapid change thereafter. _________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
Amendment 121 #
2021/0210(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs – typically between 35% and 53% of shipping freight rates. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.
Amendment 123 #
2021/0210(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The maritime sector is characterized by fierce international competition, and major differences in regulatory burdens across flag states have exacerbated unwanted practices such as the reflagging of vessels. The sector's intrinsic global character underlines the importance of a favourable regulatory environment, which is a precondition for attracting new investments and safeguarding the competitiveness of European ports, ship owners and operators.
Amendment 125 #
2021/0210(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to produce an effect on all the activities of the maritime transport sector, it is appropriate that this Regulation covers a share of the voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country. This Regulation should thus apply to half of the energy supplied for used by a ship 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 of the energy supplied for used by a ship 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, the entirety of the energy supplied for used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and the energy used at berth in a port under the jurisdiction of a Member State. Such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of this Regulation, including by increasing the positive impact on the environment of such framework. Simultaneously, such framework limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. In order to ensure smooth operation of maritime traffic, a level playing field among maritime transport operators and among ports, and avoid distortions in the internal market, all journeys arriving or departing from ports under jurisdiction of Member States, as well as the stay of ships in those ports should be covered by uniform rules contained in this Regulation.
Amendment 126 #
2021/0210(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Givent hat this Regulation will impose additional compliance costs on the sector, compensatory actions need to be taken in order to prevent the total level of regulatory burden from increasing. The Commission should therefore be obliged to present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs for the maritime sector.
Amendment 127 #
2021/0210(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The FuelEU Maritime Regulation should be closely aligned and consistent with the proposal for a Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation), the proposal for a revision of Directive 2003/87/EC (EUETS), Directive XXXX-XXX (Renewable Energy Directive), and the proposal for a revision of Directive 2003/96/EC (Energy Taxation Directive), in order to ensure a coherent legislative framework for the shipping ecosystem, that contributes to massively increasing the production of alternative fuels, ensures the deployment of the necessary infrastructure and incentivises the use of these fuels in a steadily growing share of vessels.
Amendment 128 #
2021/0210(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The obligation for ports to provide on-shore power supply should be complemented by a corresponding obligation for ships to connect to such charging infrastructure while at berth, in order to ensure effectiveness and avoid stranded assets. Furthermore, the costs associated with on-shore charging should be reduced by permanently exempting electricity supplied to vessels in port from taxation through revisions of the Energy Taxation Directive (XXXX-XXX).
Amendment 132 #
2021/0210(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) To ensure a level playing field for ships built to operate in ice-covered waters on their way to, from or between Member State ports, specific information relating to a ship's ice class, and to its navigation through ice, should be considered when calculating GHG emission reductions on a vessel basis, as well as in the data monitored and reported on the basis of the EU MRV Regulation (Regulation (EU) 2015/757).
Amendment 134 #
2021/0210(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , . However, the shipping compandy in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line withs not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. These responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. In that case, in order to properly implement the ‘polluter pays’ principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting and to encourage the uptake of cleaner fuels, a binding clause shall be included in these agreements for the purpose of passing on to that entity the costs under this Regulation, namely the penalties related to the under-performance of the ship. This clause shall provide that the entity responsible for the operation of the ship shall reimburse the shipping company with respect to the penalties imposed for each non-compliant port call and failing to meet the limits on the greenhouse gas intensity of the energy used byon-board the ship accountable for the compliance costs under this Regulation. This entity would normally be the entity that is responsible for the choice of fuel,. In this regard operation of the ship means determining the cargo carried, the itinerary (including the port of calls), the routeing and/or the speed of the ship. _________________ 21 Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 147 #
2021/0210(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels and propulsion technologies with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.
Amendment 148 #
2021/0210(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 153 #
2021/0210(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 159 #
2021/0210(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships, both during navigation and at berth, until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. To ensure legal certainty and provide sufficient time for the sector to plan and prepare long-term, as well as to avoid stranded assets, possible future reviews of this Regulation should be limited in scope and avoid significant changes to the requirements.
Amendment 162 #
2021/0210(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels on the basis of the information provided by the EU maritime fuel suppliers. The use of substitute sources of energy, such as wind or electricity, should also be reflected in the methodology.
Amendment 166 #
2021/0210(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank- to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation.
Amendment 175 #
2021/0210(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport when at berth. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships in situations where it effectively reduces emissions at a reasonable cost.
Amendment 178 #
2021/0210(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call and, the terminal operator and/or the competent authority, depending on the governance model for ports in the different Member States. These exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations. In case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port, this should not be considered as a failure by the port nor of the ship operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager to the verifiers.
Amendment 181 #
2021/0210(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. Ports should equip their births, and ship owners their vessels, with power installations that comply with applicable standards, in order to ensure that the systems are fully compatible. As of 2035, ship operators should plan carefully their calls on TEN-T ports callsovered by the Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation) to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS should be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.
Amendment 183 #
2021/0210(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) The targets for provision of OPS laid down in Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) take into account the types of vessels served and the respective traffic volumes of maritime ports. The requirement for ships to connect to OPS while at berth should not apply to vessels when calling on ports exempted from the OPS requirement in the Alternative Fuels Infrastructure Regulation.
Amendment 184 #
2021/0210(COD)
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) The implementation of this Regulation should take due consideration of the diverse governance models for ports across the Union, in particular as regards the responsibility for issuing a certificate exempting a vessel from the obligation to connect to OPS.
Amendment 185 #
2021/0210(COD)
Proposal for a regulation
Recital 24 c (new)
Recital 24 c (new)
(24c) Coordination between ports and ship operators is crucial to ensure smooth connection procedures to on-shore power in ports. Ship operators should inform the ports they call at about their intentions to connect to on-shore power, their power needs during the given call, in particular when those exceed the estimated needs for this ship category.
Amendment 202 #
2021/0210(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.
Amendment 204 #
2021/0210(COD)
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, the compilation of information for the calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.
Amendment 206 #
2021/0210(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In order to maintain a level playing field through the efficient functioning of this Regulation, 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 amendment of the list of well- to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor,establishing the rules on conducting the laboratory testing and direct emissions measurements, accreditation of verifiers and modalities for the payment of penalties. 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.
Amendment 207 #
2021/0210(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it cwould be regarded assignificantly more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global aproach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate,to align it with the international rules.
Amendment 212 #
2021/0210(COD)
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Recognizing the importance to address the specific needs of islands and remote areas with a view to ensure connectivity, flexibility should be provided to the passenger maritime cabotage sector, as prescribed in Council Regulation (EEC) No 3577/92, in order to adapt to the scheme without compromising the current level of transport services.
Amendment 217 #
2021/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the limit on the greenhouse gas (‘GHG’) intensity of energy supplied by maritime fuel suppliers and used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and
Amendment 223 #
2021/0210(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
in order to increase consistent supply and use of renewable and low-carbon fuels and substitute sources of energy in maritime transport across the Union, while ensuring theits smooth operation of maritime traffic and avoiding distortions in the internal market.
Amendment 224 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to maritime fuel suppliers and to all ships above a gross tonnage of 5000, regardless of their flag, in respect to:
Amendment 228 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the energy supplied or used during their stay within a port of call under the jurisdiction of a Member State,
Amendment 229 #
2021/0210(COD)
(b) the entirety of the energyergy supplied for used on voyages from a port of call under the jurisdiction of a Member State to a port of call under the jurisdiction of a Member State, and
Amendment 235 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half of the energy supplied for used on voyages departing from or arriving to a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country.
Amendment 239 #
2021/0210(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(a) By way of derogation, paragraph 1(b) shall not apply until 31th December 2029 to passenger and Ro-Ro passenger ships calling at ports of islands within the same Member State with less than 100.000 permanent residents, according to the latest official census of the population. Member States shall notify the Commission about the routes and islands exempted as well as for any alterations thereof.
Amendment 243 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, paragraph 2, point 38 of Directive (EU) 2018/2001, supplying marine fuel at a maritime port under the jurisdiction of a Member State;
Amendment 246 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘company’ means company as defined in Article 3, point (d) of Regulation (EU) 2015/757; When the responsibility for the purchase of the fuel and/ or the operation of the ship is assumed, pursuant to a contractual agreement, by an entity other than the shipping company, that entity shall either pay the penalties under article 20, paragraph 1 and 2 of this Directive or reimburse the shipping company for the penalties paid. For the purposes of this paragraph, operation of the ship shall mean determining the cargo carried, the itinerary, the routing and/or the speed of the ship.
Amendment 249 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757;which is securely moored along a quay in a port falling under the jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations
Amendment 250 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth without the additional energy used due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and the additional energy used by a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class due to sailing in ice conditions;
Amendment 252 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag State or an organisation recognised by that State, showing that the ship has been designed for navigation in sea-ice conditions.
Amendment 253 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(qb) 'sailing in ice conditions' means sailing of an ice-classed ship in a sea area within the ice edge.
Amendment 254 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point q c (new)
Article 3 – paragraph 1 – point q c (new)
(qc) 'ice edge' is defined by paragraph 4.4. of the WMO Sea-Ice Nomenclature, March 2014, as the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting.
Amendment 255 #
2021/0210(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
Amendment 268 #
2021/0210(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
Greenhouse gas intensity limit of energy used on-board by asupplied to ships
Amendment 269 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The yearly average greenhouse gas intensity of the energy used on-board by a shipsupplied to a ship within a port of call under the jurisdiction of a Member State during a reporting period shall not exceed the limit set out in paragraph 2.
Amendment 283 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the fleet average greenhouse gas intensity of the energy supplied to ships and used on-board by ships in 2020 as determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annexes I to that Regulationand II to this Regulation. In view of adopting Lifecycle Assessment (LCA) Guidelines in IMO, the Commission should review this methodology with a view to aligning it with the global one once agreed. Ships shall comply with the limits referred to in paragraph 2 in relation to the energy supplied within a port of call under the jurisdiction of a Member State. Maritime fuel suppliers shall ensure that the energy made available to ships in ports under the jurisdiction of a Member State complies with the limits referred to in paragraph 2.]
Amendment 286 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the EU fleet average greenhouse gas intensity of the energy used on-board by ships in 202019 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.]
Amendment 288 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I, including a correction factor for ice classed ships, deducting the higher fuel consumption linked to ice navigation. As a basis for the calculation of emission factors, default values are provided in Annex II of this Regulation. These default values can be replaced by actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 290 #
2021/0210(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 292 #
2021/0210(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 295 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member Statecovered by Article 9 of the Alternative Fuels Infrastructure Regulation shall connect to on-shore power supply and use it for all energits electricity needs while at berth, with exemption for auxiliary boilers.
Amendment 306 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(aa) that were estimated to be at berth for less than two hours, but were hindered from departing within that timeframe due to unforeseeable events outside the operator’s control.
Amendment 307 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point c
Article 5 – paragraph 3 – point c
(c) that have to make an unscheduled port call for reasons of safety or saving life at sea or in emergency situations or under conditions of force majeure;
Amendment 311 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Ship operators shall inform the ports they call at about their intentions to connect to on-shore power and indicate the amount of power they require during the given call.
Amendment 312 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 314 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The managing body of the port of call, or where applicable the terminal operator or the competent authority, shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.
Amendment 318 #
2021/0210(COD)
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, points (d) and (e).
Amendment 329 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
Article 7 – paragraph 3 – point l a (new)
(la) information on the ice class of the ship, if the additional energy due to the ship's ice class is to be left out from the scope of the energy used on-board;
Amendment 332 #
2021/0210(COD)
Proposal for a regulation
Article 7 – paragraph 3 – point l b (new)
Article 7 – paragraph 3 – point l b (new)
(lb) a description of the procedure for monitoring the distance travelled for the whole voyage and when sailing in ice conditions, the date and time when sailing in ice conditions, the fuel consumption and the energy provided by substitute sources of energy or a zero emission technology as specified in Annex III when sailing in ice conditions, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board.
Amendment 335 #
2021/0210(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a FuelEU maritime non-availability report 1. If a ship, despite best efforts, fails to obtain at a port under the jurisdiction of a Member State fuels enabling it to comply with the limits referred to in paragraph 2 of Article 4,it shall report the inability to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State, by means of a FuelEU non-availability report. This report should include the reasons of the non-availability of fuels such as shortage of fuels and lack of port infrastructure. 2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU maritime non-availability report referred to in paragraph 1 of this Article. 3. The competent authorities of the Member State shall report in the compliance database referred to in Article 16the cases of fuel non-availability. 4. The Member State of the port shall investigate the reports of non-availability.
Amendment 340 #
2021/0210(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Certification of fossil fuels 1. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of laboratory testing or direct emissions measurements. The Commission is empowered to adopt delegated acts to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements. 2. Companies shall be entitled to divert from the established default values for the well-to-tank emission factors provided that actual values are certified. The Commission is empowered to adopt delegated acts to supplement this Regulation by establishing the rules on certifying actual well-to-tank emissions.
Amendment 341 #
2021/0210(COD)
Proposal for a regulation
Article 8 b (new)
Article 8 b (new)
Article 8 b FuelEU Maritime Bunker Certificate 1. Maritime fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Certificate’, which should be annexed to the Bunker Delivery Note. The fuel supplier shall be responsible for the accuracy of the information. 2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU Maritime Bunker Certificate referred to in paragraph 1 of this Article.
Amendment 353 #
2021/0210(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
Amendment 369 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the amount of each type of fuel consumed at berth, in port and at sea;
Amendment 372 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e a (new)
Article 14 – paragraph 1 – point e a (new)
(ea) the ship's ice class, if the additional energy due to ship's ice class is to be left out from the scope of the energy used on-board;
Amendment 374 #
2021/0210(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e b (new)
Article 14 – paragraph 1 – point e b (new)
(eb) the date and time when sailing in ice conditions, the amount of each type of fuel consumed when sailing in ice conditions, the amount of each type of substitute source of energy consumed when sailing in ice conditions, the distance travelled when sailing in ice conditions, the distance travelled during the voyage, the amount of each type of fuel consumed at sea, the amount of each type of substitute source of energy consumed at sea, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on- board;
Amendment 380 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
Amendment 383 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point d a (new)
Article 15 – paragraph 2 – point d a (new)
(da) compile the aforementioned information and submit it to the Member State’s competent authority.
Amendment 385 #
2021/0210(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. On the basis of the information provided by the verifier, the Member State’s competent authority shall calculate the amount of the penalties referred to in Article 20(1) and (2).
Amendment 388 #
2021/0210(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall develop, ensure functioning and update an electronic compliance database, within the THETIS- MRV module, for the monitoring of compliance with Articles 4 and 5. The compliance database shall be used to keep a record of the compliance balance of the ships and the use of the flexibility mechanisms set out in Articles 17 and 18. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.
Amendment 396 #
2021/0210(COD)
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Where the ship has a compliance deficit for the reporting period, the company may borrow an advance compliance surplus of the corresponding amount from the following reporting period. The advance compliance surplus shall be added to the ship’s balance in the reporting period and subtracted from the same ship’s balance in the following reporting period. The amount to be subtracted in the following reporting period shall be equal to the advance compliance surplus multiplied by 1.1. The advance compliance surplus may not be borrowed:
Amendment 404 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a penalty. The verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V. The verifier shall also allocate the proportion of the compliance deficit to the entity that is ultimately responsible for the purchase of the fuel and/or the operation of the ship, calculate the proportionate penalty and notify the shipping company and that other entity for the sake of payment or reimbursement.
Amendment 407 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The company shall pay a penalty for each non-compliant port call. The verifier shallMember State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on- board and by the number of completed hours spent at berth.
Amendment 414 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 416 #
2021/0210(COD)
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Member States shall ensure that penalties are imposed on maritime fuel suppliers failing to comply with the obligations laid down in Article 4 relative to the yearly average greenhouse gas intensity of the energy supplied. Member States shall lay down provisions on penalties applicable to maritime fuel suppliers and shall take all the measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of the relevant provisions of national law by 31.12.2024.
Amendment 424 #
2021/0210(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC and should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.
Amendment 433 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(6), 5(4), 9(3), 13(3), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 435 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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.
Amendment 437 #
2021/0210(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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 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.
Amendment 441 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every three years thereafter until 2050, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union, with emphasis on this Regulation’s impact on the functioning of the single market, the sector’s competitiveness, transport freight rates and the magnitude of carbon leakage. The Commission shall consider possible amendments to:
Amendment 442 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 444 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
Article 28 – paragraph 1 – point a a (new)
(aa) the scope of this Regulation in terms of - the gross tonnage threshold referred to in Article 2, - the share of energy used by ships in voyage to and from third countries referred to in Article 2 point (c)
Amendment 449 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every fifth year until 2050, the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Fit for 55 legislative package,1a with particular emphasis on the effects on the Union's competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage. _________________ 1a Communication from the Commission (COM/2021/550), 14 July 2021.
Amendment 452 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
Amendment 454 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. The Commission shall propose amendments to this Regulation in the event the International Maritime Organization adopts global carbon emission standards, in order to fully align the respective provisions.
Amendment 455 #
2021/0210(COD)
Proposal for a regulation
Article 28 – paragraph 1 d (new)
Article 28 – paragraph 1 d (new)
1d. In the event of the adoption by the International Maritime Organization of a global low-GHG carbon fuel standard, the Commission shall present a report to the European Parliament and to the Council examining such measure, accompanied by a legislative proposal to the European Parliament and to the Council to appropriately amend this Regulation in order to align it with international rules.
Amendment 456 #
2021/0210(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 459 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 4 – introductory part
Annex I – paragraph 4 – introductory part
In the case of fossil fuels, the default values in Annex II shall be usedould be used unless the operator provides actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 463 #
2021/0210(COD)
Proposal for a regulation
Annex I – paragraph 5
Annex I – paragraph 5
The [Mi] massmass [Mi] of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [Mi A] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.
Amendment 466 #
2021/0210(COD)
The emission factors for all fuels can alternatively be determined on actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 468 #
2021/0210(COD)
Proposal for a regulation
Annex II – paragraph 8
Annex II – paragraph 8
Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel33 . _________________ 33 Reference is made to Directive (EU) 2018/2001, Annex V.C.1.(a) to the term eu ‘emissions from the fuel in use’
Amendment 65 #
2021/0205(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) From 2020, air transport has been one of the hardest hit sector by the COVID-19 crisis. With the perspective of an end to the pandemic in sight, it is expected that air traffic will gradually resume in the coming years and recover to its pre-crisis levels. At the same time, emissions from the sector have been increasing since 1990 and the trend of increasing emissions could return as we overcome the pandemic. Therefore, it is necessary to prepare for the future and make the necessary adjustments ensuring a well-functioning air transport market that contributes to achieving the Union’s climate goals, with high levels of connectivity, safety and security, and affordability.
Amendment 75 #
2021/0205(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The air transport market is subject to strong competition between economic actors worldwide and across the Union, for which a level playing field is indispensable. The stability and prosperity of the air transport market and its economic actors relies on a clear and harmonised policy framework where aircraft operators, airports and other aviation actors can operate on the basis of equal opportunities. Where market distortions occur, they risk putting aircraft operators or airports at a disadvantage with internal or external competitors. In turn, this can result in a loss of competitiveness of the air transport industry, and a loss of air connectivity for citizens and businesses. The Commission should monitor possible market distortions, such as (p)re-routing by non- European airlines. If market distortions are observed, the Commission should explore supporting and incentivising mechanisms and private-public partnerships for the affected Union industries.
Amendment 84 #
2021/0205(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A key objective of the common transport policy is sustainable development. This requires an integrated approach aimed at ensuring both the effective functioning of Union transport systems and protection of the environment. Sustainable development of air transport requires the introduction of measures aimed at reducing the carbon emissions from aircraft flying from Union airports and eventually globally. Such measures should contribute to meeting the Union’s climate objectives by 2030 and 2050.
Amendment 95 #
2021/0205(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Communication on a Sustainable and Smart Mobility Strategy10 adopted by the Commission in December 2020 sets a course of action for the EU transport system to achieve its green and digital transformation and become more resilient. The decarbonisation of the air transport sector is a necessary and challenging process, especially in the short term. Technological advancements, pursued in European and national research and innovation aviation programmes have contributed to important emission reductions in the past decades. However, the global growth of air traffic has outpaced the sector’s emissions reductions. Whereas new technologies are expected to help reducing short-haul aviation’s reliance on fossil energy in the next decades, sustainable aviation fuels offer the only solution for significant decarbonisation of all flight ranges, already in the short term. However, this potential is currently largely untapped and needs to be boosted at the Union level. _________________ 10Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM/2020/789 final), 9.12.2020.
Amendment 103 #
2021/0205(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The gradual introduction of sustainable aviation fuels on the air transport market will represent an additional fuel cost for airlines, as such fuel technologies are currently more expensive to produce than conventional aviation fuel. This is expected to exacerbate the pre-existing issues of level playing field on the air transport market as regards aviation fuel, and to cause further distortions among aircraft operators and airports. This regulation should take measures to prevent that the introduction of sustainable aviation fuels affects negatively the competitiveness of the aviation sector by defining harmonised requirements across the Union and striving to achieve an international blending mandate applied globally at ICAO Global Assembly.
Amendment 110 #
2021/0205(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) At global level, sustainable aviation fuels are regulated at ICAO. In particular, ICAO establishes detailed requirements on the sustainability, traceability and accounting of sustainable aviation fuels for use on flights covered by the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). While incentives are set in CORSIA and sustainable aviation fuels are considered an integral pillar of the work on the feasibility of a Long-Term Aspiration Goal for international aviation, there is currently no mandatory scheme on the use of sustainable aviation fuels for international flights. Comprehensive multilateral or bilateral air transport agreements between the EU or its Member States, and third countries generally include provisions on environmental protection. However, although for the time being, such provisions do not impose on contracting parties any binding requirements on the use of sustainable aviation fuels, in the future the Union should include the binding requirement on use of SAF in any bilateral or multilateral agreement.
Amendment 112 #
2021/0205(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In addition, the Union should encourage countries to adopt similar mandates for sustainable aviation fuels. To this end, sustainable aviation fuels should be subject to energy- and transport related dialogues such as the recent EU- US Energy Council and the Commission should advocate to start negotiations for a mandatory SAF quota in global aviation at the ICAO Global Assembly.
Amendment 115 #
2021/0205(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, uniform rules need to be laid down for the aviation internal market to complement Directive (EU) 2018/2001 and to deliver on its overall objectives by addressing the specific needs and requirements arising from the EU aviation internal market. In particular, the present Regulation aims to avoid a fragmentation of the Union aviation market, prevent possible competitive distortions between economic actors within the Union and globally, or unfair practices of cost avoidance as regards the refuelling of aircraft operators and to incentivise innovation and production in the Union.
Amendment 118 #
2021/0205(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) This regulation aims in the first instance to set out a framework restoring and preserving a level playing field on the air transport market as regards the use of aviation fuels. Such a framework shouldmust prevent divergent requirements across the Union that would exacerbate refuelling practices distorting competition between aircraft operators or putting some airports at competitive disadvantage with others. In a second instance, it aims to gear the EU aviation market with robust rules to ensure that gradually increasing shares of sustainable aviation fuels can be introduced at EU airports without detrimental effects on the competitiveness of the EU aviation internal market.
Amendment 129 #
2021/0205(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Development and deployment of sustainable aviation fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This should support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable aviation fuels for aviation in short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable aviation fuels produced from all feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. In particular, sustainable aviation fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise air transport already in the short termwith exception of biofuels produced from "food and feed crops" as defined in Article 2, second paragraph, point 40 of Directive (EU) 2018/2001, as well as synthetic aviation fuels should be eligible. Over time, with the development of new technologies, the list of feedstocks must be adjusted accordingly in order to further prevent greenwashing and misuse of feedstocks.
Amendment 135 #
2021/0205(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) For sustainability reasons, feed and food crop-based fuels should not be eligible. In particular, indirect land-use change occurs when the cultivation of crops for biofuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity concerns. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels and the extent to which land with high-carbon stock is protected worldwide. The highest risks of indirect land-use change have been identified for biofuels, fuels produced from feedstock for which a significant expansion of the production area into land with high- carbon stock is observed. Accordingly, feed and food crop-based fuels should not be promoted. This approach is in line Union policy and in particular with Directive (EU) 2018/2001 which limits and sets a cap on the use of such biofuels in road and rail transport, considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels – indirect land-use change poses risks also to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. The aviation sector has currently insignificant levels of demand for food and feed crops- based biofuels, since over 99% of currently used aviation fuels are of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels by promoting their use under this Regulation. The non- eligibility of crop-based biofuels under this Regulation also minimises any risk to slow down the decarbonisation of road transport, which could otherwise result from a shift of crop-based biofuels from the road to the aviation sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector.
Amendment 140 #
2021/0205(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The present Regulation should aim to ensure that aircraft operators can compete on the basis of equal opportunities as regards the access to sustainable aviation fuels. To avoid any distortions on the air services market, all Union airports covered by this Regulation should be supplied with uniform minimum shares of sustainable aviation fuels. Whereas the market is free to supply and use larger quantities of sustainable fuel, this Regulation should ensure that the mandatory minimum shares of sustainable aviation fuels are the same across all the covered airports. It supersedes any requirements established directly or indirectly at national or regional level requiring aircraft operators or aviation fuel suppliers to uptake or supply sustainable aviation fuels with different targets than the ones prescribed under this Regulation. In order to create a clear and predictable legal framework and in doing so encourage the market development and deployment of the most sustainable and innovative with growth potential to meet future needs fuel technologies, this Regulation should set out gradually increasing minimum shares of synthetic aviation fuels over time. Setting out a dedicated sub-obligation on synthetic aviation fuels is necessary in view of the significant decarbonisation potential of such fuels, and in view of their current estimated production costs. When produced from renewable electricity and carbon captured directly from the air, synthetic aviation fuels can achieve as high as 100% emissions savings compared to conventional aviation fuel. They also have notable advantages compared to other types of sustainable aviation fuels with regards to resource efficiency (in particular for water needs) of the production process. However, synthetic aviation fuels’ production costs are currently estimated at 3 to 6 times higher than the market price of conventional aviation fuel. Therefore, this Regulation should establish a dedicated sub-obligation for this technology which must be re-assessed in 2038 and adjusted according to the market development. Other types of synthetic fuels, such as low carbon synthetic fuels achieving high greenhouse gas reductions, could be considered for inclusion in the scope of this Regulation in the course of future revisions, where such fuels become defined under the Renewable Energy Directive.
Amendment 144 #
2021/0205(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) It is essential to ensure that the minimum shares of sustainable aviation fuels can be successfully supplied to all the airports in the aviation market without supply shortages. For this purpose, sufficient lead-time should be planned to allow the renewable fuels industry to develop production capacity accordingly. The supply of sustainable aviation fuels should become mandatory starting in 2025. Similarly, in order to provide legal certainty and predictability to the market and drive investments durably towards sustainable aviation fuels production capacity, the terms of this Regulation should be stable over a long period of time.
Amendment 157 #
2021/0205(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
Amendment 166 #
2021/0205(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure a level playing field of the aviation internal market and the adherence to the climate ambitions of the Union, this Regulation should introduce effective, proportionate and dissuasive penalties on drop-in aviation fuel suppliers and aircraft operators in case of non- compliance. The level of the penalties needs to be proportionate to the environmental damage and to the prejudice to the level-playing field of the internal market inflicted by the non-compliance. When imposing administrative fines, the authorities should take into account the evolution of the price of aviation fuel and sustainable aviation fuel in the reporting year; penalties might only be imposed on drop-in aviation fuel suppliers and aircraft operators.
Amendment 170 #
2021/0205(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The penalties for the suppliers of drop-in SAF who fail to meet the targets set in this Regulation should be complemented by the obligation to supply the market with the shortfall of meeting the quota in the subsequent year;
Amendment 172 #
2021/0205(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation should include provisions for periodic reports to the European Parliament and the Council on the evolution of the aviation and fuels markets, the effectiveness of key features of the Regulation such as the minimum shares of sustainable aviation fuels, the level of administrative fines or policy developments on sustainable aviation fuels uptake at international level, impact on Union and international competitiveness, consumer price evolution, fuel tankering cases, and pre-routing by non-EU airlines. Such elements are key to provide a clear state of play of the sustainable aviation fuels market and should be taken into account when considering a revision of the Regulation or additional support mechanisms for affected industries.
Amendment 176 #
2021/0205(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A transitional period of 54 years should be provided to allow for a reasonable amount of time for aviation fuel suppliers, Union airports and aircraft operators to make the necessary technological and logistical investments. During this phase, aviation fuel containing higher shares of sustainable aviation fuel may be used to compensate for lower shares of sustainable aviation fuels or for the reduced availability of conventional aviation fuel at other airports.
Amendment 180 #
2021/0205(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union Regulations that generate compliance costs in the affected sectors.
Amendment 188 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
— ‘Union airport’ means an airport as defined in Article 2(21) of Directive 2009/12/EC of the European Parliament and of the Council13 , where passenger traffic was higher than 1 million passengers or where the freight traffic was higher than 100000 tons in the reporting period, and is not situated in an outermost region, as listed in Article 349 of the Treaty on the Functioning of the European Union; _________________ 13Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges
Amendment 193 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
— ‘aircraft operator’ means a person that operated at least 72952 commercial air transport flights departing from Union airports in the reporting period or, where that person may not be identified, the owner of the aircraft;
Amendment 200 #
2021/0205(COD)
Proposal for a regulation
Article 3 – paragraph 1 – indent 5
Article 3 – paragraph 1 – indent 5
— ‘sustainable aviation fuels’ (‘SAF’) means drop-in aviation fuels that are either synthetic aviation fuels, advanced biofuels or biofuels with the exception of biofuels produced from ‘food and feed crops’ as defined in Article 2, second paragraph, point 340 of Directive (EU) 2018/2001, or biofuels produced from the feedstock listed in Part B of Annex IX to that Directive, and which comply with the sustainability and greenhouse gas emissions criteria laid down in Article 29(2) to (7) of that Directive and are certified in accordance with Article 30 of this Directive;
Amendment 234 #
2021/0205(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Member States shall not introduce higher share of SAF blending mandate than foreseen in Annex I of this Regulation.
Amendment 238 #
2021/0205(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The yearly quantity of aviation fuel uplifted by a given aircraft operator at a given Union airport shall be at least 90% of the yearly aviation fuel required, taking into account the necessary compliance with fuel safety rules.
Amendment 267 #
2021/0205(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Aircraft operators shall not be required to surrender allowances under the EU ETS scheme for the uplifting of sustainable aviation fuels in accordance with Directive 2003/87/EC. Until 1 January 2030 aircraft operators shall be temporarily able to claim free allowances for the sustainable aviation fuels especially for the uptake of synthetic aviation fuels in accordance with Article [3c (new)] Directive 2003/87/EC. Aircraft operators shall not claim benefits for the use of an identical batch of sustainable aviation fuels under more than one greenhouse gas scheme. Together with the report referred to in Article 7, aircraft operators shall provide the Agency with:
Amendment 285 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
(1) Member States shall lay down the rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive and must be applied only to drop-in sustainable aviation fuels and not to other types of alternative fuels or technologies. Member States shall notify these provisions to the Commission by 31 December 2023 at the latest and shall notify it without delay of any subsequent amendment affecting them.
Amendment 307 #
2021/0205(COD)
Proposal for a regulation
Article 11 – paragraph 7
Article 11 – paragraph 7
(7) Member States shall have the necessary legal and administrative framework in place at national level to ensure the fulfilment of the obligations and the collection of the administrative fines. Member States shall transfer the amount collected through those administrative fines as contribution to the InvestEU Green Transitinovation Fund with a focus on Iinvestment Facility, asto support cross-border projects in a geographically non-discriminatory way aimed at top-up to the EU guaranteehe rapid production and deployment of sustainable aviation fuels in the aviation sector.
Amendment 320 #
2021/0205(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
By way of derogation from Article 4, from 1 January 2025 until 31 December 20298, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.
Amendment 320 #
2021/0205(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
By way of derogation from Article 4, from 1 January 2025 until 31 December 20298, for each reporting period, an aviation fuel supplier may supply the minimum share of sustainable aviation fuel defined in Annex I as a weighted average over all the aviation fuel it supplied across Union airports for that reporting period.
Amendment 328 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level. By 2038 the Commission shall present a revision of Annex I in accordance with the aforementioned report.
Amendment 328 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
By 1 January 2028 and every five years thereafter, the Commission services shall present a report to the European Parliament and the Council, on the evolution of the aviation fuels market and its impact on the aviation internal market of the Union, including regarding the possible extension of the scope of this Regulation to other energy sources, and other types of synthetic fuels defined under the Renewable Energy Directive, the possible revision of the minimum shares in Article 4 and Annex I, and the level of administrative fines. The report shall include information, where available, on development of a potential policy framework for uptake of sustainable aviation fuels at ICAO level. The report shall also inform on technological advancements in the area of research and innovation in the aviation industry which are relevant to sustainable aviation fuels, including with regards to the reduction of non-CO2 emissions. The report may consider if this Regulation should be amended and, options for amendments, where appropriate, in line with a potential policy framework on sustainable aviation fuels uptake at ICAO level. By 2038 the Commission shall present a revision of Annex I in accordance with the aforementioned report.
Amendment 329 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The Commission shall report to the European Parliament and to the Council, by 1 January 2030, and every fifth year until 2050, on the results of a comprehensive evaluation and monitoring of this Regulation in relation to the Union's competitiveness, transport costs, possible market distortions and, if necessary, to present supporting and incentivizing mechanisms.
Amendment 329 #
2021/0205(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
The Commission shall report to the European Parliament and to the Council, by 1 January 2030, and every fifth year until 2050, on the results of a comprehensive evaluation and monitoring of this Regulation in relation to the Union's competitiveness, transport costs, possible market distortions and, if necessary, to present supporting and incentivizing mechanisms.
Amendment 333 #
Amendment 333 #
Amendment 337 #
2021/0205(COD)
Proposal for a regulation
Annex I – point a
Annex I – point a
(a) From 1 January 2025, a minimum share of 2% of SAF; of which a minimum share of 0,03 % of synthetic fuels;
Amendment 337 #
2021/0205(COD)
Proposal for a regulation
Annex I – point a
Annex I – point a
(a) From 1 January 2025, a minimum share of 2% of SAF; of which a minimum share of 0,03 % of synthetic fuels;
Amendment 108 #
2021/0201(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council30 , the Union has enshrined the target of economy-wide climate neutrality by 2050 in legislation. That Regulation also establishes a binding Union commitment to reduce net greenhouse gas emissions (emissions after deduction of removals) by at least 55 % below 1990 levels by 2030. All sectors of the economy are expected to contribute to achieving that target, including the land use, land use change and forestry sectorwith the highest priority being the reduction of fossil emissions. As regards the land use, land use change and forestry (LULUCF) sector, it can contribute to climate change mitigation in several ways, in particular by reducing emissions, maintaining and enhancing sinks and carbon stocks, replacing fossil fuels with renewable energy from biomass and by harnessing the removal potential of organic materials from sustainable forestry management and their potential as a substitute for fossil fuels, taking into account the entire life cycle of those materials, from production to the processing and manufacturing stages. The bioeconomy, bioenergy, sustained investment in research and innovation are indispensable on the path towards a fossil-free and green economy. The contribution of net removals to the 2030 Union climate target is limited to 225 million tonnes of CO2 equivalent. In the context of Regulation (EU) 2021/1119, the Commission reaffirmed in a corresponding statement its intention to propose a revision of Regulation (EU) 2018/841 of the European Parliament and of the Council31 , in line with the ambition to increase net carbon removals to levels above 300 million tonnes of CO2 equivalent in the land use, land use change and forestry sector by 2030. __________________ 30Regulation (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).’. 31 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 123 #
2021/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levels, binding annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestry sector in the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in a target of 310 millions of tonnes CO2 equivalent of net removals for the Union as a whole in 2030equivalent to a 15 % increase in average greenhouse gas emissions and removals from the years 2018, 2019 and 2020 of net removals for the Union as a whole in 2030 and should take into account the most recent developments. The target for 2030 should promote and strengthen sustainable forest management which allows for the adaptation of forests to climate change in the long term, promotion of high substitution effects through the bioeconomy, an increase in sinks and the creation of carbon storage products including all relevant bio-based product categories that have a carbon sequestration effect. The methodology used to establish the national targets for 2030 should take into account the average greenhouse gas emissions and removals from the years 20168, 20179 and 201820, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. __________________ 32Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 191 #
2021/0201(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The land sector has the potential to become rapidlytransition towards climate- neutrality by 2035 in a cost-effective manner, and subsequently generate more greenhouse gas removals than emissions. A collective commitment aiming to achieve climate- neutrality in the land sector in 2035 at EU level can provide the needed planning certainty to drive land- based mitigation action in the short term, considering that it can take many years for such action to deliver the desired mitigation outcomes. Moreover, the land sector is projected to become the largest sector in the EU greenhouse gas flux profile in 2050. It is therefore particularly important to anchor that sector to a trajectory that can effectively deliver net zero greenhouse gas emissions by 2050. By mid-2024, the Member States should submit their updated integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council34 . The plans should include relevant measures by which each Member State best contributes to the collective target of climate neutrality in the land sector at EU level in 2035. On the basis of these plans, the Commission should propose national targets, ensurassess the aim of climate neutrality in the land sector in 2035 in light of the Union bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 and Article 39 TFEU. If deemed feasible, the Commission should, by the end of 2025, submit a new legislative proposal with national targets aiming towards net zero greenhouse gas emissions in 2035, meaning that the Union-wide greenhouse gas emissions and removals in the land use, land use change and forestry sector and the emissions from the agriculture non-CO2 sectors arshould be at least balanced by 2035. Contributions to achieve that aim should be fairly distributed among sectors and Member States. Contrary to the EU level target of climate neutrality for the land sector by 2035, such national targets will be binding and enforceable on each Member State. __________________ 34Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p.1).
Amendment 254 #
2021/0201(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Considering that sustainable forest management enhances carbon sequestration and counters forest ageing, forest degradation and natural disasters, which are among the factors contributing to the decreasing carbon removals in the land sector in recent years, this Regulation should encourage sustainable forest management practices which contribute to climate mitigation and adaptation, as outlined in the EU Forest Strategy for 20301a. __________________ 1a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - New EU Forest Strategy for 2030 (COM/2021/572final).
Amendment 283 #
2021/0201(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In view of setting out the net greenhouse gas removals targets for the Member States for the period from 2026 to 2030, the Commission should exercise a comprehensive review to verify the greenhouse gas inventory data for the years 2021, 2022 and 2023. For this purpose, a comprehensive review should be carried out in 2025 to review the target set for 2030 and adapt it, if needed, in addition to the comprehensive reviews that the Commission is to carry out in 2027 and 2032 in accordance with Article 38 of Regulation (EU) 2018/1999. Those reviews should also assess the feasibility of the 2035 target of climate neutrality in light of the in light of the Union bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 and Article 39 TFEU and adapt it, if necessary.
Amendment 285 #
2021/0201(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In view of setting out the indicative net greenhouse gas removals targets for the Member States for the period from 2026 to 2030, the Commission should exercise a comprehensive review to verify the greenhouse gas inventory data for the years 2021, 2022 and 2023. For this purpose, a comprehensive review should be carried out in 2025, in addition to the comprehensive reviews that the Commission is to carry out in 2027 and 2032 in accordance with Article 38 of Regulation (EU) 2018/1999.
Amendment 291 #
2021/0201(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) Due to the change to reporting- based targets, the greenhouse gas emissions and removals need to be estimated with a higher level of accuracy. Moreover, the Communication from the Commission on EU Biodiversity Strategy for 203038 , the Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system39 , the EU Forest Strategy40 , the updated EU Bioeconomy Strategy40a , the Communication from the Commission on Sustainable Carbon Cycles40b, the revised Directive (EU) 2018/2001 of the European Parliament and of the Council41 and the Communication from the Commission on Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change42 will all require enhanced monitoring of land, thereby helping to protect and enhance the resilience of nature-based carbon removals throughout the Union. The monitoring and reporting of emissions and removals needs to be upgraded, using advanced technologies available under Union programmes, such as Copernicus, and digital data collected under the Common Agricultural Policy, applying the twin transition of green and digital innovation. __________________ 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions EU Biodiversity Strategy for 2030 - Bringing nature back into our lives (COM(2020) 380 final). 39 COM/2020/381 final. 40 […] 40a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - A sustainable Bioeconomy for Europe: Strengthening the connection between economy, society and the environment (COM/2018/673 final) 40b Communication from the Commission to the European Parliament and the Council on Sustainable Carbon Cycles COM(2021) 800 final 41Directive (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). 42 COM/2021/82 final.
Amendment 302 #
2021/0201(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Given that the changes to the accounting rules generate additional compliance costs for the land use, land use change and forestry sector, compensatory actions need to be taken in order to prevent the increase in the total level of regulatory burden. The Commission should therefore respect the "One in one out" entry into force and present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the affected sector.
Amendment 325 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/841
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) indicative targets for net greenhouse gas removals in the land use, land use change and forestry sector for Member States for the period from 2026 to 2030;
Amendment 355 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) hcarvested woodbon storage products;
Amendment 368 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 3 – point j
Article 2 – paragraph 3 – point j
Amendment 389 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The 2030 Union target for net greenhouse gas removals is 310 million tonnes CO2equivalent to an increase of 15% in average greenhouse gas emissions and removals from the years 2018, 2019 and 2020, and which is equivalent as ato the sum of the Member States targets established in accordance with paragraph 3 of this Article, and shall be based on the average of its greenhouse gas inventory data for the years 20168, 20179 and 201820 and shall be reviewed in accordance with Article4, paragraph 4 a.
Amendment 420 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing acts setting out the annual targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the 310 million tonnes CO2 equivalent net removalsshall be equivalent to an increase of 15% in the average greenhouse gas emissions and removals from the years 2018, 2019 and 2020, and as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the targets of the Member States, shall be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 426 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing acts setting out the annual indicative targets based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the 310 million tonnes CO2 equivalent net removals as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States. The method for determination of the technical correction to be added to the targets of the Member States, shall be set out in these implementing acts. For the purpose of those implementing acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 447 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
4. The Union-wide greenhouse gas emissions in the sectors set out in Article 2(3), points (a) to (ji), shall aim to be net zero by 2035 and the Union shall achieve negative emissions thereafter. The Union and the Member States shall take the necessary proportionate measures to enable the collective achievement of the target for 2035, while ensuring the achievement of the objectives set out in Article 194 and Article 39 TFEU, prioritising substitution of fossil fuels and achieving a balance between emission reductions and removals. The land based carbon removals should be available for other sectors as per EU regulatory framework for the certification of carbon removals.
Amendment 457 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 – subparagraph 2
Article 4 – paragraph 4 – subparagraph 2
The Commission shall, by 31 December 2025 and on the basis of integrated national energy and climate plans submitted by each Member State pursuant to Article 14 of Regulation (EU) 2018/1999 by 30 June 2024, make proposals for the contribution of each Member State to the net emissions reduction.’; : (a) conduct an impact assessment of the net zero greenhouse gas emissions target for 2035 in light of the Union bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 TFEU and Article 39 TFEU; (b) based on the impact assessment referred to in point (a) of this subparagraph, make proposals for the contribution of each Member State in order to achieve the indicative target of net zero in 2035, while ensuring a fair distribution among Member States; (c) introduce a fair, market-based and voluntary compensation mechanism for a carbon certification trading system, which promotes high-quality carbon certificates that can ensure the achievement of the criteria of additionality, permanence, no double counting and authenticity to incentivise improved land management practices, resulting in enhanced carbon capture; (d) consider decreasing sink services that arise in connection with land use changes in the area of the expansion of settlement and transportation areas separately and make sure that they are not accounted for at the expense of the sectors set out in Article 2(3) points (a) to (i); (e) make proposals on how to include bio- energy with carbon capture and storage (BECCS) processes in carbon storage products.
Amendment 467 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The targets set out in Article 4, paragraphs 2, 3 and 4 shall be subject to reviews in 2025, 2027 and 2032 and shall be adapted if negative impacts are detected on EU bioeconomy, substitution of fossil fuels, social aspects and the objectives laid down in Article 194 and Article 39 TFEU.
Amendment 497 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/841
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall by 2025 adopt delegated acts in accordance with Article 16 in order to amend paragraph 1 of this Article and Annex V by adding new categories of carbon storage products, including harvested wood products, that have a carbon sequestration effectbioenergy carbon capture and all relevant bio-based product categories, that have a carbon sequestration effect, and by introducing a life-cycle assessment of those products, including recycled products, based on IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement, and ensuring environmental integrity.; The Commission shall develop a methodology for an additional category of “Fossil Substitution Products” that calculate the positive substitution effect of carbon storage products. As a party of the Paris Agreement, the European Union shall implement Article 6 of the Paris Agreement and demonstrate how Internationally Transferred Mitigation Outcomes (ITMOs) originating from the Union are aligned with the LULUCF accounting framework;
Amendment 591 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c
Article 13 b – paragraph 3 – subparagraph 1 – point c
(c) the difference in the Union between the annual sum of all greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the Union target [of 310 million tonnes CO2 equivalent of net removals] is negativeequivalent to a 15 % increase in the average greenhouse gas emissions and removals from the years 2018, 2019 and 2020], in the period from 2026 to 2030.
Amendment 611 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/841
Article 13 c
Article 13 c
Amendment 642 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point c a (new)
Article 14 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) the impact on harvesting levels and bioeconomy development;
Amendment 644 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point c b (new)
Article 14 – paragraph 1 – subparagraph 2 – point c b (new)
(cb) synergies between climate mitigation and bioeconomy development, including estimates on the greenhouse gas savings associated to the substitution of fossil-based materials with wood-based materials.
Amendment 655 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Regulation (EU) 2018/841
Article 15 – paragraph 1 – point d
Article 15 – paragraph 1 – point d
Amendment 675 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Following the report, the Commission shall make legislative proposals where it deems it appropriate. In particular, the proposals shall set out annual targets and governance aiming towards the 2035 climate-neutrality target as laid down in Article 4(4), additional Union policies and measuresdditional measures in accordance with Article 4(4a), and a post- 2035 framework, including in the scope of the Regulation greenhouse gas emissions and removals from additional sectors, such as the marine and freshwater environment.;
Amendment 717 #
2021/0201(COD)
Proposal for a regulation
Annex III – paragraph 1
Annex III – paragraph 1
Regulation (EU) 2018/1999
Annex V– Part 3 – paragraph 4
Annex V– Part 3 – paragraph 4
Member States shallare encouraged from 2026 for all carbon pool emission and removal estimates falling in areas of high carbon stock land use units referred to in point (c) above, areas of land use units under protection or under restoration referred to in points (d) and (e) above, and areas of land use units under high future climate risks referred to in point (f) above, apply Tier 3 methodology, in accordance with the 2006 IPCC guidelines for national GHG inventories.’. The Commission should ensure collection and analyses of GIS geo-spatial data at the EU level and in cooperation with the European Environmental Agency, the European Scientific Advisory Board on Climate Change and the Commission’s Joint Research Centre and other bodies, as well as the Earth observation data provided by the European Earth Observation Programme Copernicus, provide assistance to the Member States to apply Tier 3 methods in order to ensure consistency and transparency of the data from 2026 onwards.
Amendment 47 #
2021/0164(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The application of the ‘do no significant harm’ principle is essential to ensure that the investments and reforms undertaken as part of the recovery from the pandemic are implemented in a sustainable manner and advance the green transition of the European Union. It should continue to apply to the reforms and investments supported by the Facility, with one targeted and timely exemption to safeguard the EU’ immediate energy security concerns. Considering the objective of diversifying energy supplies away from Russian suppliers, the reforms and investments set out in those REPowerEU chapters which aim to improve energy infrastructure and facilities to meet immediate security of supply needs for oil and gas and are completed by 31 December 2025 should not be required to comply with the principle of ‘do no significant harm’ and should therefore be exempted from such assessment. To ensure that such an exemption does not jeopardise the integrity of the European Union’s 2030 and 2050 climate targets, the Commission should also include an assessment of the climate and environmental impacts of this time-limited derogation and measures how to compensate them in its annual reports. In addition, this derogation should only be applicable to 25% of the total estimated cost of the REPowerEU chapter of each plan.
Amendment 55 #
2021/0164(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Cross-border and multi-country projects, particularly those in the field of energy, have an important contribution to the achievement of the REPowerEU objectives. Therefore, at least 50% of the financial allocation of the REPowerEU chapter of each national plan should be allocated to measures for cross-border or multi-country projects.
Amendment 57 #
2021/0164(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Energy efficiency and renewable energies are the only solution to green our energy use. Therefore, it is imperative that all Member States take this chance and divert their investments under this Regulation in the achievement of their medium and long-term climate and energy targets. Therefore, Member States should only be able to receive revenues for their REPowerEU chapters under the condition that they have implemented the increased targets for EED and RED as proposed by the Commission under Directive (EU) 2022/222 (RePowerEU).
Amendment 67 #
2021/0164(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) While extending the current intake rate of allowances to the Market Stability Reserve is needed to prevent in long term a significant increase of the surplus of allowances in the greenhouse gas emission allowance trading within the Union, the current economical and geopolitical situation requires the Union to mobilise available resources to rapidly diversify Union’s energy supply and reduce dependence on fossil fuels before 2030. In this context, Decision (EU) 2015/1814 of the European Parliament and of the Council4 and Directive 2003/87/EC of the European Parliament and of the Council5 should be amended to extend the doubling of the 24% intake rate of the Market Stability Reserve until 2030, while allowing for an temporary and exceptional release and monetisation of a portionnumber of allowances from the Market Stability Reserve and directing revenues towards reforms and investments contributing to REPowerEU objectives, in the Recovery and Resilience Facility framework, without impacting the achievement of the Union’s 2030 climate target. Therefore, the same number of allowances should be placed back in the Market Stability Reserve following the end of this temporary and exceptional release and monetisation of allowances and by 2030 at the latest. __________________ 4 Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC, OJ L 264/1 5 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC
Amendment 139 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 – point b
Article 21c – paragraph 1 – point b
(b) boosting energy efficiency in buildings, decarbonising industry, increasing production and uptake of sustainable biomethane and renewable or fossil-free hydrogen and increasing the share of renewable energy, including through measures to speed up permitting processes for plants producing renewable energy,
Amendment 146 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 a (new)
Article 21c – paragraph 1 a (new)
(1a) The reforms and investments in accordance with Article 21c(1a) shall be limited to a maximum of 25% of the total estimated cost of the REPowerEU chapter of each plan.
Amendment 147 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 1 b (new)
Article 21c – paragraph 1 b (new)
(1b) At least 50% of the total financial allocation of the REPowerEU chapters shall be used to finance exclusively cross- border or multicountry investments and reforms contributing to the objectives outlined in Article 21c (1).
Amendment 159 #
2021/0164(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/241
Article 21c – paragraph 4
Article 21c – paragraph 4
(4) By way of derogation from Articles 5(2), 17(4), 18(4) point (d) and 19(3) points (d), the principle of “do no significant harm” within the meaning of Article 17 of Regulation (EU) 2020/852 shall not apply to the reforms and investments expected to contributeing to the REPowerEU objectives under paragraph 1, point (a) of this Article. This derogation shall only apply to reforms and investments to be completed by 31 December 2025. In accordance with Article 31 of Regulation (EU) 2021/241, the Commission shall also present in its reports to the European Parliament and the Council the environmental and climate-related impact of the time-limited application of this derogation and present which measures are taken by the European Union and the Member States to compensate for any resulting negative impact on the environment and the path to reach the EU's emissions reduction target as set out in Regulation (EU) 2021/1119.
Amendment 181 #
2021/0164(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Directive 2003/87/EC
Article 10e – paragraph 1
Article 10e – paragraph 1
(1) For the period until 31 December 2026[12 months after the entry into force of this Regulation], the allowances released pursuant to Article 1(6) of Decision (EU) 2015/1814 shall be auctioned until the amount of revenue obtained from such auctioning has reached EUR 20 billion. This revenue shall be made available to the Recovery and Resilience Facility established by Regulation (EU) 2021/241 for the purpose of contributing to the REPowerEU objectives as set out in Article 21c(1) of that Regulation and shall be implemented in accordance with the provisions of that Regulation.
Amendment 195 #
2021/0164(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Decision (EU) 2015/1814
Article 1 – paragraph 6
Article 1 – paragraph 6
By way of derogation from the first subparagraph, for a period until 31 December 2026[12 months after the entry into force of this Regulation], a number of allowances shall be released from the reserve and auctioned in accordance with Article 10e of Directive 2003/87/EC, until the amount of revenue obtained from such auctioning has reached EUR 20 billion. Over a period of 48 months beginning on 1 January 2027, the same number of allowances as is released from the reserve in accordance with this subparagraph shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of that Directive and shall be placed in the reserve.
Amendment 198 #
2021/0164(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
This Regulation shall apply from the date by which the Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2022/222 amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Amendment 45 #
2020/2071(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas medicine shortages are a growing public health threat with a serious impact on health care systems and public health;
Amendment 91 #
2020/2071(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the loss of European sovereignty and independence in the health sector is linked to the relocation of production, with 40% of medicinal end products marketed in the EU now originating in third countries; whereas the onlyone way to save money is to rely heavily on subcontractors to produce pharmaceutical raw materials in Asia, where labour costs and environmental standards are lower, with the result that 80% of active ingredients are manufactured outside the EU, mainly in China and India;
Amendment 157 #
2020/2071(INI)
Motion for a resolution
Recital G
Recital G
G. whereas, in the absence of a regulatory authority, stockpiling in some Member States is leading to a market imbalance excessive stockpiling can lead to a market imbalance if cooperation between Member States is insufficient;
Amendment 187 #
2020/2071(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas a strong, innovative and competitive pharmaceutical industry in Europe is in the vital interest of the EU and its Member States;
Amendment 190 #
2020/2071(INI)
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. whereas the pharmaceutical industry needs the right legal framework to do research, development and production of pharmaceuticals within the EU;
Amendment 213 #
2020/2071(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Points out that, while public health policies are a Member State matter,the "Union action shall respect the responsibilities of the Member States for the definition of their health policy and for the organisation and delivery of health services and medical care" it is very clear that pharmaceutical legislation needs to be done by the European Union and partly exercised by the EMA and it is incumbent upon the EU to coordinate and complement national measures to guarantee affordable and high- quality health services for the European citizens;
Amendment 275 #
2020/2071(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to take whatever action is needed to restore European health sovereignty and local pharmaceutical manufacturing, giving priority to essential and strategic medicines; calls on the Commission to map out potential production sites in the EU;
Amendment 397 #
2020/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that procurement procedures with only one successful tenderer with only one production site of the basic substance may exacerbate vulnerability should supplies be disrupted; calls on the Commission and the Member States to introduce procurement procedures under which contracts may be awarded to a number of successful tenderers where each has at least more than one production site in different countries (including one within the EU) for the tendered medicinal product, in order to maintain market competition and reduce the risk of shortages, while guaranteeing high-quality treatment for patients;
Amendment 406 #
2020/2071(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Ask the Commission to examine if it is possible to create a legislative framework that encourage and enables healthcare systems to do tenders that award pharmaceutical companies that guarantee the supply of pharmaceuticals in difficult circumstances by focussing on production inside the EU and guarantee at least two different sources for the basic substance; ask the Commission to examine if legislative requirements to ensure more sustainable delivery of pharmaceuticals can be mandated under EU law;
Amendment 423 #
2020/2071(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission and the Member States to to make concreate one or more European non-profitproposals how models of public private pharmaceutical undertakings which operate in the public interest to manufacture priority medicines of strategic importance for health caretnership like the US Biomedical Advanced Research and Development Authority can be established in the EU to operate in the public interest; stresses the key contribution that can be made by new technologies and artificial intelligence in enabling European laboratory researchers to form networks and share their objectives and findings;
Amendment 529 #
2020/2071(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to develop European health strategies on the basis of a common basket of drugs for the treatment of cancer and infections whose prices are harmonised, in a bid to counter recurrent shortages and ensure that patients have access to treatment; calls on the Commission to also examine, whether a harmonised price for those drugs may solve the problems of shortages for those life-saving drugs;
Amendment 168 #
2020/2023(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that contrary to the UK’s claim of relying on existing precedents, many proposals in the UK draft legal proposals go significantly beyond what has been negotiated by the EU in other FTAs with third countries in recent years, for example in the area of financial services, mutual recognition of professional qualifications and conformity assessment, equivalence of the SPS regime, or the cumulation of Rules of Origin;
Amendment 177 #
2020/2023(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12 c. Recalls that the continued shared commitment to a zero quotas, zero tariffs objective for the trade relationship remains an essential condition for the timely conclusion of an agreement within the extremely tight timeline that none other than the UK has imposed on these negotiations, especially as previous experience has well demonstrated that a tariff-line by tariff-line negotiation could take several years; reiterates in this regard that irrespective of whether 100% or less tariff-lines are scrapped, this will not alter the EU’s demand for robust Level Playing Field conditions; reiterates that the level-playing field provisions must maintain environmental, social and employment standards at the current high levels provided by the existing common standards, relying on appropriate and relevant Union and international standards, and including appropriate mechanisms to ensure effective implementation domestically, as well as include a robust and comprehensive framework for competition and state aid control that prevents undue distortion of trade and competition instead of referring to subsidies only;
Amendment 370 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 – indent 4 a (new)
Article 2 – paragraph 1 – point 7 – indent 4 a (new)
– includes batteries designed to power light means of transport
Amendment 375 #
2020/0353(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘light means of transport’ means wheeled vehicles that have an electric motor of less than 750 watts, on which travellers are seat batteries’ means any battery in wheeled vehicles that can be powered by the electric motor alone or by a combination of motor and human power and batteries in vehicles, including all batteries in non-type approved when theeled vehicle is moving and that can be powered by the electric motor alone or by a combination of motor and human power;s plus batteries in type approved L1e-L7e categories with an individual battery weight below 8 kg(and/or 2 kWh).
Amendment 719 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Portable batteries incorporated in appliances shall be readily removable and, as of [24 months after the entry into force of this regulation], be replaceable by the end-user or by qualified independent operators, during the lifetime of the appliance, if the batteries have a shorter lifetime than the appliance, or at the latest at the end of the lifetime of the appliance.
Amendment 732 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1
Article 11 – paragraph 1 – subparagraph 1
A battery is readily replaceable where, after its removal from an appliance, it can be substituted by a similartechnically identical battery, without affecting the functioning, safety or the performance of that appliance.
Amendment 753 #
2020/0353(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. TNo later than 12months after the entry into force of the Regulation, the Commission shall adopt guidance to facilitate harmonised application of the derogations set out in paragraph 2.
Amendment 1209 #
2020/0353(COD)
Proposal for a regulation
Article 78 – paragraph 1 – introductory part
Article 78 – paragraph 1 – introductory part
Directive 2006/66/EC is repealed with effect from 1 July 2023the entry into force of the new Regulation; however, its:
Amendment 83 #
2020/0036(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) While emission reduction targets are set for 2030 and 2050, the Union has not yet set specific Union wide applicable objectives for removal; such objectives are necessary taking into account that the EU climate-neutrality objective cannot be achieved without gradually increasing carbon removals.
Amendment 124 #
2020/0036(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) Adaptation is a key component of the long-term global response to climate change. Therefore, Member States and the Union should enhance their adaptive capacity, strengthen resilience and reduce vulnerability to climate change, as provided for in Article 7 of the Paris Agreement, as well as maximise the co- benefits with other environmental policies and legislation. The Commission should develop specific indicators for measuring the progress of adaptation, while Member States should adopt comprehensive national adaptation strategies and plans.
Amendment 228 #
2020/0036(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. By 30 June 2021, the Commission shall assess how the Union legislation implementing the Union’s 2030 target would need to be amended in order to enable the achievement of 50 to 55 % emission reductions compared to 1990 and to achieve the climate-neutrality-objective set out in Article 2(1), and consider taking the necessary measures, including setting specific and gradually increasing removal objectives as well as the adoption of other legislative proposals, in accordance with the Treaties.
Amendment 367 #
2020/0036(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. The Commission shall define specific indicators for measuring the progress of adaptation.
Amendment 386 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) the collective progress made by all Member States on adaptation in accordance with specific indicators as referred to in Article 4.
Amendment 388 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b a (new)
Article 5 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the collective progress made by all Member States towards the achievement of specific removal objectives set out in Article 2(4);
Amendment 406 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the adequacy of Union measures to ensure progress on adaptation in accordance with specific indicators as referred to in Article 4.
Amendment 407 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(b a) the adequacy of Union measures to ensure a gradually increasing proportion of removals in accordance with specific indicators as referred to in Article 2(4).
Amendment 413 #
2020/0036(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where, based on the assessment referred to in paragraphs 1 and 2, the Commission finds that Union measures are inconsistent with the climate-neutrality objective set out in Article 2(1) or inadequate to ensure progress on adaptation as referred to in Article 4, or that the progress towards either the climate-neutrality objective or on adaptationadequacy of Union measures to ensure gradually increasing proportion of removals in accordance with specific indicators as referred to in Article 42(4) is insufficient, it shall take the necessary measures in accordance with the Treaties, at the same time as the review of the trajectory referred to in Article 3(1).
Amendment 437 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b
Article 6 – paragraph 1 – subparagraph 1 – point b
(b) the adequacy of relevant national measures to ensure progress in accordance with specific indicators on adaptation as referred to in Article 4.
Amendment 440 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – point b a (new)
Article 6 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the adequacy of relevant national measures to ensure a gradually increasing proportion of removals in accordance with specific indicators as referred to in Article 2(4).
Amendment 456 #
2020/0036(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where the Commission finds, under due consideration of the collective progress assessed in accordance with Article 5(1), that a Member State’s measures are inconsistent with that objective as expressed by the trajectory referred to in Article 3(1) or inadequate to ensure progress on adaptation as referred to in Article 4 or the proportion of removals is not increasing in a satisfactory manner, it may issue recommendations to that Member State. The Commission shall make such recommendations publicly available.
Amendment 302 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The JTF shall only support activities that are directly linked to its specific objective as set out in Article 2 and which contribute to the implementation of the territorial just transition plans established in accordance with Article 7.
Amendment 354 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point d
Article 4 – paragraph 2 – subparagraph 1 – point d
(d) investments in the deployment of technology and infrastructures for affordable clean energy and clean public transport, in greenhouse gas emission reduction, energy efficiency and renewable energy;
Amendment 435 #
2020/0006(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
Article 4 – paragraph 2 – subparagraph 1 – point k a (new)
(ka) other necessary activities indicated in territorial just transition plans approved by Commission in accordance with Article 7.
Amendment 518 #
2020/0006(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programmeterritorial just transition plan where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan isis duly justified and consistent with the National Energy and Climate Plan of the Member State concerned.