29 Amendments of Paul RÜBIG related to 2015/0148(COD)
Amendment 65 #
Proposal for a directive
Recital 5
Recital 5
(5) Article 191(2) of the Treaty on the Functioning of the European Union requires that Union policy is based on the principle that the polluter should pay and, on this basis, Directive 2003/87/EC provides for a transition to full auctioning over time. Avoiding carbon and investment leakage is a justification to postpone full transition, and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in global greenhouse gas emissions inand diversion of investments to third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies. Additional achievements in sectors not falling under the scope of the ETS and not subject to a risk of carbon leakage, such as is the case in the building sector, would lessen the efforts needed from Union industry.
Amendment 75 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 572% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States, . Allowances originally covered by the transitional Community- wide rules for harmonized free allocation (including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 nd unallocated allowances due to closures and partial cessations) should not be considered to be auctioned allowances for the purposes of the calculation of the auction share. __________________ 19 Decision (EU) 2015/… of the European Parliament and of the Council of … 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 […], […], p. […]). 18 SEC(2015)XX
Amendment 109 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provisbenchmarks for free allocations to installations, should be made updated before the valuesstart of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvementfourth trading period in order to base free allocations on actual technological progress. That update should be carried out on the basis of robust, objective and verified data from installations. For reasons of predictability, thifurther updates should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into accountalso be based on robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a substantial difference from that factor reduction of more than 0.5% of the 2007-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentage. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 116 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partially compensate, in accordance with state aid rules, certain installations inFor sectors or sub-sectors which have been determined to be exposed to a significant risk of carbon leakage because of, costs related to greenhouse gas emissions passed on in electricity prices should at least partially be compensated on the basis of harmonized arrangements in pursuing the goal of a level playing field. It should be possible for Member States to top up the compensation at Union level in accordance with state aid rules. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 173 #
Proposal for a directive
Recital 14
Recital 14
(14) The existing provisions which are in place for small installations to be excluded from the EU ETS allow the installations which are excluded to remain so, and it should be made possible for Member States to update their list of excluded installations and for Member States currently not making use of this option to do so at the beginning of each trading period. Member States should ensure that alternative measures for installations that have opted out do not result in higher compliance costs. For small emitters covered by the EU ETS, monitoring, reporting and verification requirements should be simplified for such installations.
Amendment 178 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) In Article 3, the following point is added: (w) 'small emitter' means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year.
Amendment 183 #
Proposal for a directive
Article 1 – point -1 d (new)
Article 1 – point -1 d (new)
Directive 2003/87/EC
Article 3 – point u b (new)
Article 3 – point u b (new)
(-1d) In Article 3, the following point is added: '(ub) “small emitter” means an installation with low emissions which meets at least one of the following criteria: – the average annual emissions of that installation reported in the verified emission reports during the trading period immediately preceding the current trading period, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, were less than 50 000 tonnes of CO2(e) per year; – the average annual emissions referred to in the first indent are not available to that installation or are no longer applicable to that installation because of changes in the installation's boundaries or changes to the operating conditions of the installation, but the annual emissions of that installation for the next five years, with the exclusion of CO2 stemming from biomass and before subtraction of transferred CO2, is expected to be, based on a conservative estimation method, less than 50 000 tonnes of CO2(e) per year;'
Amendment 209 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%.
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point 1 (new)
Article 1 – paragraph 1 – point 5 – point a – point 1 (new)
1) No free allocation shall be made in respect of any electricity production, except for cases falling within Article 10c and electricity produced from waste gases, for which all emissions released from those waste gases shall be entirely allocated to the installation where these waste gases originate from. ((a) paragraph 1 third sub paragraph last sentence is to be amended as follows)
Amendment 288 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 1 – paragraph 5 – point b
Article 1 – paragraph 5 – point b
Amendment 297 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – third subparagraph – introductory sentence
Article 10 a – paragraph 2 – third subparagraph – introductory sentence
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:
Amendment 313 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – third subparagraph – point (i)
Article 10 a – paragraph 2 – third subparagraph – point (i)
(i) On the basis of information submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annual reduction referred to above by more than 0.5% of the 2007-8 value higher or lower annually. If so, that bBefore the start of the trading period benchmarks in individual sectors and subsectors, shall be updated based on the average of the verified emissions of the 10% most efficient installations in a sector or subsector in the Union in the years 2017 and 2018. Benchmark values shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 set on the basis of information submitted pursuandt the middle of the period for which free allocation is to be made;o Article 11. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 318 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
(i) On the basis of information submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annual reduction referred to above by more than 0.5% of the 2007-8 value higher or lower annually. If so, that benchmark value shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 and the middle of the period for which free allocation is to be made;(i) Beginning with the fourth trading period, benchmarks in individual sectors and sub sectors shall be updated on the basis of the average emission intensity of the 10% most efficient installations in the 5th and 4th last year preceding the relevant trading period. Data utilised to determine the benchmarks shall be exclusively representative, transparent, robust and easily available, with preference for data determined according to Art 14 of this directive. Benchmarks shall fully take into account the whole amount of waste gases used for electricity production as well as chemical, technical and physical limits for emission reduction of non-combustion source streams and process emissions. When updating the benchmarks, the Commission shall consult the relevant stakeholders, including the sectors and sub sectors concerned.
Amendment 345 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
Article 10a, para. 5
Article 10a, para. 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mannerallowances from the market stability reserve and the new entrants reserve shall be utilised to compensate for the respective lack of free allocations. Any further adjustment of free allocation shall only be done thereafter and should not be applied on free allocations adjusted by a linear reduction factor as referred to in Article 9.
Amendment 347 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform mantargeted in accordance with the carbon leakage risk and shall in any case guarantee that 100% free allocation up to the level of the benchmarks is maintainerd.
Amendment 364 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2003/87/EC
Article 10a – paragraph 6
Article 10a – paragraph 6
Amendment 392 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i
Article 1 – paragraph 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – first subparagraph
Article 10a – paragraph 7 – first subparagraph
Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases, together with of more than 10% expressed as the rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11. In addition, 250 million allowances placed in the market stability reserve pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*) shall be set aside for this purpose.
Amendment 414 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
400 million allowances shall be available to support, taken from the auctioning share, shall be available to support and leverage investments, using different instruments offered by the European Investment Bank, in innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2 as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union. Additionally Member States should dedicate auctioning revenues as equity investment to the European Investment Bank, for example via EFSI, in order to leverage investments towards the further development of a competitive, innovative industrial base in Europe; taking into account the EU´s reindustrialisation goal of 20% GDP until 2020 and envisaging a share of 30% until 2030;
Amendment 456 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
(5a) paragraph 3 is amended as follows: 3. Subject to paragraphs 4 and 8, and notwithstanding Article 10c, no free allocation shall be given to electricity generators, to installations for the capture of CO2, to pipelines for transport of CO2 or to CO2 storage sites, except for electricity produced from waste gases, for which all emissions released from those waste gases shall be entirely allocated to the installation where these waste gases originate from.
Amendment 463 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall b by their emission intensity is above 0.01, as well as sectors that were deemed to be at risk of carbon leakage. Such sectors and sub- sectors shall be allocated allowances free of charge for the period up to 2030 at 100% between 2013 and 2020, may be included in the group referred to in paragraph 1, ofn the quantity determined in accordance with the measures adopted pursuant to Article 10a.basis of a qualitative assessment using the following criteria
Amendment 499 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c
Article 10b – paragraph 2 – point c
(c) profit margins or the inability to pass on carbon costs as a potential indicator of long-run investment or relocation decisions.
Amendment 678 #
Proposal for a directive
Article 1 – point 11 a (new)
Article 1 – point 11 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1 a (new)
Article 14 – paragraph 1 – subparagraph 1 a (new)
(11a) In Article 14, paragraph 1, the following subparagraph is inserted: 'That regulation shall also determine simplified monitoring, reporting and verification procedures for small emitters.'
Amendment 705 #
Proposal for a directive
Article 1 – point 22 b (new)
Article 1 – point 22 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22b) In Article 27, paragraph 1 is replaced by the following: '1. Following consultation with the operator, and subject to its agreement, Member States may exclude from the Community schemeEU ETS installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place applying to that installation and that will achieveare aimed at making an equivalent contribution to emission reductions that are in place and specifying how those measures would not result in higher compliance costs for such installations, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 250 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieveare aimed at making an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community schemeEU ETS; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures.'
Amendment 740 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Directive 2003/87/EC
Article 14 – paragraph 1 – third subparagraph (new)
Article 14 – paragraph 1 – third subparagraph (new)
Amendment 743 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 b (new)
Article 1 – paragraph 1 – point 12 b (new)
Directive 2003/87/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
(12b) in Article 14, paragraph 1, a new subparagraph is added: ' That regulation shall also determine simplified monitoring, reporting and verification procedures for small emitters.'
Amendment 762 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 768 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Directive 2003/87/EC
Article 27 – paragraph 1 – point (a)
Article 27 – paragraph 1 – point (a)
Amendment 769 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 b (new)
Article 1 – paragraph 1 – point 23 b (new)
(23b) The following Article 28a(new) is added: Every 5 years, in line with the regular reviews foreseen in the Paris Agreement, the EU will assess its INDC in the context of global mitigation efforts following a global stocktake of nationally-determined contribution. The Commission shall submit a report assessing, in particular, the following elements: the implication of the options required at Union level; the efforts undertaken by other major economies, including developing countries; the Union industries' competitiveness in the context of carbon and investment leakage risks as well as the impact on the EU's industrialisation target of 20%. If, on that basis, the Commission deems it necessary to submit a legislative proposal to amend this Directive it shall in parallel present a full impact assessment and take into account the differentiated abilities and costs of decarbonisation in the power and industrial sectors covered by the EU ETS;