BETA

Activities of Margrete AUKEN related to 2021/0200(COD)

Shadow reports (1)

2022/05/24
Committee: ENVI
Dossiers: 2021/0200(COD)
Documents: PDF(436 KB) DOC(197 KB)
Authors: [{'name': 'Jessica POLFJÄRD', 'mepid': 197404}]

Amendments (60)

Proposal for a regulation
Recital 1 a (new)

(1a) The 2020 UNEP Emissions Gap Report highlighted the constant and stubborn rise of non-CO2 drivers such as methane (CH4), nitrous oxide, sulfur dioxide and fluorinated gases which fall within the scope of Regulation (EU) 2018/842. The Global Warming Potential of F-Gases on the atmosphere is up to 23 000 times stronger than CO2. The Union should increase the ambition of legislation, included of Regulation (EU) No 517/2014, to accelerate the phase down of fluorinated gases and promote alternatives with low GWP.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 4

(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council32 ( ‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55% below 1990 levels by 2030. It also lays down an obligation on the Commission to make a legislative proposal to introduce further intermediary targets, to ensure a swift and irreversible reduction of greenhouse gas emissions over time so as to reach the Union climate neutrality objective by 2050 at the latest and negative emissions thereafter. At the Glasgow COP it was decided to base climate plans on 5-year common time frames to ensure more frequent checks and more review possibilities. __________________ 32Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 5

(5) ~~In order to implement those commitments~~The latest climate science in the IPCC 6th Report published in August 2021 underlined the unequivocal role of human activities on global warming and that global warming of 1.5 °C and 2 °C will be exceeded during the 21st century unless deep reductions in CO2 and other greenhouse gas emissions occur in the coming decades. By adopting the Glasgow Climate Pact in November 2021, the Parties to Paris Agreement recognised that keeping the increase in the global average temperature to 1,5 °C would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 in order to accelerate climate action in this critical decade and to close the ambition gap with the 1,5 °C target. In order to implement that commitment as well as the Union’s contributions under the Paris Agreement33 adopted under the UNFCCC, the Union regulatory framework to achieve the greenhouse gas emission reduction target should be adapted. __________________ 33 Paris Agreement (OJ L 282, 19.10.2016, p. 4).

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 8

(8) In its Communication of 17 September 202035 the Commission indicated that the increased 2030 overall target can only be achieved with the contribution of all sectors. ~~__________________ 35 COM(2020/0562.~~However, the emissions of some sectors in past years have either increased or remained stable. This is the case for instance of agriculture, which only contributed to 1 % of the emissions reduction effort for the effort sharing sectors between 2005 and 2018, while still being the third biggest emitter35a. That issue should be urgently addressed going forward. __________________ 35 COM(2020/0562. 35a European Environment Agency, National action across all sectors needed to reach greenhouse gas Effort Sharing targets, Briefing, 10 March 2020 - https://www.eea.europa.eu/themes/climate /trends-and-projections-in- europe/national-action-across-all-sectors

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 10

(10) In order to ~~achieve the target of reducing greenhouse gas emissions by 55%,~~implement the Glasgow Climate Pact commitment and to contribute to meeting and possibly overshooting the Union’s climate- neutrality target, the Union regulatory framework to achieve the 2030 greenhouse gas emission reduction target should be adapted, and the sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions ~~progressively until they reach- 40~~by 55 % in 2030, compared to 2005 levels.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 11

(11) For that purpose, the greenhouse gas emission reduction target for 2030 needs to be revised for each Member State. The revision of the greenhouse gas emission reduction target should use the same methodology that was followed when Regulation (EU) 2018/842 was first adopted, where the national contributions were determined in consideration of the different capacities and cost-efficiency opportunities in Member States so to ensure a fair and balanced distribution of the effort. However, cost-efficiency opportunities should be carefully measured against the urgency of climate action and the financial opportunities made available through the Next Generation EU Recovery Package, including the new Union Budget, to make sure that Member States are using all the instruments available to reduce their country emissions in the sectors outlined in Article 2 of this Regulation. The reduction of the maximum greenhouse gas emissions for each Member State in 2030 should thus be determined in relation to the level of its 2005 reviewed greenhouse gas emissions covered by this Regulation, excluding verified greenhouse gas emissions from installations that operated in 2005 and which were only included in the emission trading system of the Union after 2005.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 13

(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a high degree ~~that cannot yet be fully quantified. O~~. The Union's largest stimulus package ever, currently under deployment, can the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions. Due to those uncertainties, it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocationlp reboot our economy while steering the emissions reductions needed to achieve our climate goals. Accordingly, this Regulation establishes national linear emissions reduction trajectories whose starting point is the average of the 2018- 2019-2020 emissions, with the year 2020 emissions having been a record low. This is to ensure alignment with the Paris Agreement principle of stepping up climate action, keep emissions by Member States to a minimum, and enhance simplicity and predictability for Member States.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 14

(14) It is therefore appropriate to update in 2025 the annual emission allocations for the years 2026 to 2030. This should be based on a comprehensive review of the national inventory data carried out by the Commission in order to determTo achieve the Union's climate objective and contribute to keeping the 1.5° C goal within reach, all sectors of the economy should undergo deep and fast emissions reductions by and beyond 2030. The Commission should calculate what the minimum sectoral contributions to the achievement of the targets set in this Regulation should be, and report and propose new measures in case some sectors are lagging behind. At the same time, actions carried out by Member States to reduce emissions from the various sectors and their impact should be clearly spelt out ine the ~~average of the greenhouse gas emissions of each Member State during the years 2021, 2022 and 2023~~National Energy Climate Plans and Reports drawn in accordance with Regulation (EU) 2018/1999. This Regulation introduces some changes to that Regulation to enhance quality, transparency and comparability of Plans and Reports in this regard. Finally, to provide predictability and confidence to Member States, the economic sectors and society, the Commissions should soon propose post- 2030 targets, aligned with the international and Union's long-term goals. In accordance with the Glasgow COP decision, such targets should be based on five-year cycles, allowing for more regular progress assessment and review.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 14 a (new)

(14a) According to Article 4 of Regulation (EU) 2021/1999, to meet the 2030 climate target, the Union and Member States should prioritise swift and predictable emissions reduction and, at the same time, enhance removals by natural sinks. Removals should not undermine emissions reduction, and only natural sinks should be accounted for towards the fulfilment of the EU 2030 climate target.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 15

(15) ~~Under Regulation (EU) 2018/842, the cancellation of a~~ While flexibilities are useful to allow Member States to adapt climiate~~d quantity of emiss~~ action to nation allowances in the European Union emission trading system may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost- effective reduction potential, is is therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Un circumstances and unforeseen events, such flexibilities should be as limited as possible to consider the necessity of avoiding to discourage or delay climate policies and of keeping the emissions throughout the ESR period as low as possible. In light of the need for action in all sectors of the economy, flexibilities with the ETS and LULUCF sectors should be repealed. Transfer, borrowing and banking flexibilities should remain in place, albeit with some limitations. Transparency around the use of such flexibilities should be enhanced, and revenues from the transfer of emissions allocations should be used in a way that contributes directly to climate action oin ~~emission reduction~~the ESR sectors.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 16

(16) ~~In addition to that flexibility, a limited quantity of net removals and net emissions from land use, land-use change and forestry (‘LULUCF’) may be taken into account~~The possibility to take into account net removals from the LULUCF sector for Member States’' compliance under this Regulation (EU) 2018/842 (‘the LULUCF flexibility’). In order to ensure that sufficient mitigation efforts are deployed until 2030, it is appropriate to limit the use of the LULUCF flexibility by separating the use of such flexibility into two separate time periods, each capped by a limit corresponding to half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842. It is also appropriate to bring the title of Annex III in line with the amendment to Regulation (EU) 2018/841 carried out by Commission Delegated Regulation (EU) 2021/268 of 28 October 202037 . As a consequence, there is no longer a need for Regulation (EU) 2018/842 to provide for a legal basis allowing the Commission to adopt delegated acts to amend the title of its Annex III. Article 7(2) of Regulation (EU) 2018/842 should therefore be deletedshould be repealed. Net removals in the land use sector are not only hard to measure, they are also inherently unstable and reversible. Therefore they cannot be considered directly equivalent, tonne-for-tonne, to emission reductions in other sectors. Regulation (EU) 2021/1999 recognises this, by limiting the amount of net removals eligible for the achievement of the 2030 target to 225 Mt CO2 equivalent and by prioritising swift and predictable emission reductions. __________________ 37Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (OJ L 60, 22.2.2021, p. 21).

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 17

(17) ~~Considering, the introduct~~The provisions of ~~a strengthened compliance regime in Regulation (EU) 2018/841 as of 2026, it is appropriate to abolish the deduction~~Regulation (EU) 2018/842 in relation to non-compliance should be strengthened so as, ofn the ~~greenhouse gas emissions generated by each Member State~~ one hand, to dissuade countries from exceeding the ~~period from 2026 to 2030 in the land sector in excess of its removals. Article 9(2) should therefore be amended accordingly~~ir emissions allocations including with financial penalties, and, on the other, to increase transparency and effectiveness of corrective actions.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 18

(18) The setting of more ambitious targets under Regulation (EU) 2018/841 will decrease the capacity of Member States to generate net removals that can be used for compliance under Regulation (EU) 2018/842. In addition, the split of the use of the LULUCF flexibility into two separate time periods, will further limit the availability of net removals for the purpose of compliance with Regulation (EU) 2018/842. As a result, some Member States may face challenges in meeting their targets under Regulation (EU) 2018/842, while some Member States, the same or other, may generate net removals that cannot be used for compliance with Regulation (EU) 2018/842. As long as the Union objectives as set out in Article 3 of Regulation (EU) 2021/1119 are met, in particular with regard to the maximum limit of the contribution of net removals, it is appropriate to create a new voluntary mechanism, in the form of an additional reserve, that will help adhering Member States to comply with their obligations.deleted

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 18 a (new)

(18a) A deep, broad and swift transformation of our society is needed to achieve the necessary emission reductions; however, different Member States have very different starting points and experiences in reducing emissions in the sectors covered by this Regulation. To ensure an adequate, timely and effective transition, it is imperative that Member States exchange experiences and knowledge on best practices for reducing emissions in a cost-effective and socially just manner within each of the sectors. The Commission should encourage and support such exchanges between Member States in all relevant fora.

2022/02/24
Committee: ENVI

Proposal for a regulation
Recital 18 b (new)

(18b) In its communication of 14 October 2020 entitled ‘Improving access to justice in environmental matters in the EU and its Member States’, the Commission recognised that access to justice is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in sectoral legislation. This Regulation provides for access to justice at the national level, an essential tool to strengthen compliance with Member States’ obligations, the right to a high level of environmental protection in accordance with the EU Charter of Fundamental Rights, and Member States' respect for the rule of law.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 1

Regulation (EU) 2018/842
Article 1 – paragraph 1

(1a) ~~In Article 1, “30%” is replaced by “40%”;~~ Article 1 is replaced by the following: 'Subject matter This Regulation contributes to achieving the objectives of the Paris Agreement and the Union’s objective of balancing greenhouse gas emissions and removals by 2050 at the latest and achieving negative emissions thereafter as set out in Article 2 of Regulation (EU) 2021/1119 (‘European Climate Law’). This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by at least 55 % below 2005 levels by 2030 in the sectors covered by Article 2 of this Regulation. This Regulation also paves the way for the setting of post-2030 Union’s greenhouse gas emissions reduction targets in the sectors covered by Article 2 of this Regulation and of Member States’ minimum contributions to the fulfilment of those post-2030 Union’s targets. Finally, this Regulation lays down provisions for the determination of minimum Union-level individual sector contributions to fulfilling the Union’s greenhouse gas emissions reduction targets for 2030 and beyond set by this Regulation, and for ensuring compliance with those minimum sector contributions.' Or. en(https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32018R0842&from=EN)

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EU) 2018/842
Article 2 – paragraph 1

This Regulation applies to the greenhouse gas emissions from IPCC source categories of energy, industrial processes and product use, agriculture and waste and fluorinated gases as determined pursuant to Regulation (EU) 2018/1999 of the European Parliament and the Council*, excluding greenhouse gas emissions from the activities listed in Annex I to Directive 2003/87/EC, other than the activity “maritime transport”.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Regulation (EU) 2018/842
Article 2 – paragraph 1a (new)

(2 a) In Article 2, the following paragraph is added: ‘1a. For the purpose of this Regulation, only biofuels, bioliquids, and biomass fuels which comply with the sustainability and greenhouse gas emission savings criteria established by Directive (EU) 2018/2001 of the European Parliament and of the Council maybe considered to have zero emissions. If the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, is higher than the maximum share established in Article 26 of Directive (EU) 2018/2001 of the European Parliament and of the Council, they shall no longer be considered to have zero emissions for the purpose of this regulation. By January 2024, the Commission shall amend the rules concerning the greenhouse gas emissions determination and reporting requirements enshrined in the Regulation (EU) 2018/1999 pursuant to this Article.’

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)

Regulation (EU) 2018/842
Article 3 – points 3a, 3b and 3c (new)

(2 b) In Article 3, the following points are added: ‘ (3a) 'Biomass' means biomass as defined in Article 2, point (24), of Directive (EU) 2018/2001 of the European Parliament and of the Council. (3b) ‘Bioliquid' means bioliquid as defined in Article 2, point (32), of Directive (EU) 2018/2001. (3c) 'Biofuel' means biofuel as defined in Article 2, point (23), of the Directive (EU) 2018/2001.’

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 2

2. Subject to the flexibilities provided for in Articles 5~~, 6 and 7~~ of this Regulation ~~and the adjustment pursuant to its Article 10(2)~~ and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions:

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (b)

(b) do not exceed, in the years 2023~~, 2024 and 2025~~ to 2030, the limit defined by a linear trajectory starting ion ~~2022 at the annual emission allocation for that Member State~~the average of its greenhouse gas emissions during 2018, 2019 and 2020, as set out pursuant to paragraph 3 of this Article ~~for that year~~, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (c)

(c) do not exceed, in the years 2026 to 2030, the limit defined by a linear trajectory starting in 2024, at the average of its greenhouse gas emissions during the years 2021, 2022 and 2023, as submitted by the Member State pursuant to Article 26 of Regulation (EU) 2018/1999, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation.deleted

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 3

For the years 2023~~, 2024 and 2025~~ to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and the reviewed values of the national inventory data for the years 20168, 20179 and 201820 referred to in the second subparagraph.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 3 a (new)

Each Member State shall ensure that, in the year 2025, its greenhouse gas emissions do not exceed its annual emission allocation for that year as set out pursuant to paragraph 2 of this Article before making use of the flexibilities provided for in Article 5.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2018/842
Article 4 – paragraph 3 – subparagraph 4

~~For~~By the ~~years 2026 to 2030, it shall determine the annual emission allocations bas~~end of 2022, the Commission shall adopt an implementing act quantifying the total amount of emissions covered onby th~~e value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second sub~~is Regulation for the period 2021 to 2030 in tonnes of CO2 equivalent (‘emission budget’). That emission budget shall equal the amount of emissions permissible according to paragraphs 1 and ~~on a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999~~2. When determining the annual emission allocations pursuant to first subparagraph of this paragraph, the Commission shall also indicate the total amount of emissions permissible for the respective Member State and respective period.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Regulation (EU) 2018/842
Article 4 – paragraph 4

~~4. Those implementing acts shall also specify, bas~~(3a) In Article 4, paragraph 4 is replaced onby the percentages notified by Member States under Article 6(3), the total quantities that may be taken into account for a Member State’s compliance under Article 9 between 2021 and 2030. If the sum of all Member States’ total quantities were to exceed the collective total of 100 million, the total quantities for each Member State shall be reduced on a pro rata basis so that the collective total is not exceeded.following: ‘4. In order to ensure that sufficient mitigation efforts are deployed across all sectors listed in Article 2(1) and keep the climate neutrality objective set by Regulation (EU) 2018/1999 within reach, by 31 December 2023 the Commission shall adopt an implementing act setting out the minimum contribution of each of such sectors to the total annual reduction of emissions allocations at Union level for the years from 2021 to 2030 in terms of tonnes of CO2 equivalent.’

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)

Regulation (EU) 2018/842
Article 4 – paragraph 5 a (new)

(3b) in Article 4, the following paragraph is added: ‘5a. When setting out the minimum contributions referred to in paragraph 4 of this Article, the Commission shall consider: (a) the projected 2050 emissions for each of those sectors in the Union long- term strategy for greenhouse gas emissions referred to in Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018; (b) Member States’ projections included in their plans, reports and strategies referred to Regulation (EU) 2018/1999 ; (c) the need for early reduction of emissions in all sectors to facilitate the cost-effective achievement of the Union’s climate neutrality objective. The Commission shall measure progress towards the achievement of these minimum contributions through the assessment of biennial Member State progress reports as defined in Chapter 4, section 1 of Regulation (EU) 2018/1999. The Commission shall report to the European Parliament and to the Council on a biennial basis on the progress towards the achievement of the minimum sector contributions.’

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 h (new)

1. (3h) in Article 5, paragraph 1 is replaced by the following: "In respect of the years 2021 to 2025, a Member State may borrow a quantity of up to 105 % from its annual emission allocation for the following year. up to 2025. "

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 i (new)

Regulation (EU) 2018/842
Article 5 – paragraph 3

(3i) In Article 5, paragraph 3 is replaced by the following: "3. A Member State whose greenhouse gas emissions for a given year are below its annual emission allocation for that year, taking into account the use of flexibilities pursuant to this Article ~~and Article 6,~~ may: (a)i In respect of the years 2021 to 2023, bank that excess part of its annual emissions allocation up to a level of 5% of its annual emission allocation for that year to subsequent years until 203025; and (b)i In respect tof the years 20224 to 2029, bank theat excess part of its annual emissions allocation up to a level of 310 % of its annual emission allocation~~s up to~~ for that year to subsequent years ~~until~~, without carrying over that excess part of annual emissions allocations between the periods 2021 - 2025 and 2026 - 2030."

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 k (new)

Regulation (EU) 2018/842
Article 5 – paragraph 4

(3k) In Article 5, paragraph 4 is replaced as follows: "4. A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2021 to 2025, and up to 105 % in respect of the years 2026 to 2030. The receiving Member State may use that quantity for compliance under Article 9 for the given year ~~or for subsequent years until 2030.~~. "

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 l (new)

Regulation (EU) 2018/842
Article 5 – paragraph 5

(3l) In Article 5, paragraph 5 is replaced by the following: "5. A Member State whose reviewed greenhouse gas emissions for a given year are below its annual emission allocation for that year, taking into account the use of flexibilities pursuant to paragraphs 1 to 4 of this Article ~~and Article 6~~, may transfer that excess part of its annual emission allocation to other Member States. The receiving Member State may use that quantity for compliance under Article 9 for that year ~~or for subsequent years until 2030.~~. "

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 m (new)

Regulation (EU) 2018/842
Article 5 – paragraph 6

(3m) In Article 5, paragraph 6 is replaced by the following: "6. Member States ~~may~~shall use revenues generated by transfers of annual emission allocations pursuant to paragraphs 4 and 5 to tackle climate change in the Union in the sectors specified in Article 2 or in third countries. Member States shall inform the Commission of any actions taken pursuant to this paragraph. and shall make public such information. Any record of transfer of annual emission allocations pursuant to paragraphs 4 and 5 shall be made public by the selling Member State and shall state the entity of the remuneration received against the annual emission allocations. "

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 3 o (new)

Regulation (EU) 2018/842
Article 5 a (new)

(3o) The following Article is inserted: ‘Article 5a (new) Emissions reductions and removals by natural sinks In accordance with Article 4 of Regulation (EU) 2021/1119, for the purpose of their compliance with this Regulation, Member States shall only be able to take into account emissions reductions and removals by natural sinks in the sectors referred to in Article 2.’

2022/02/24
Committee: ENVI

Margrete AUKEN, Pär HOLMGREN

Proposal for a regulation
Article 1 – paragraph 1 – point -4 a (new)

Regulation (EU) 2018/842
Article 6

(-4a) Article 6 is deleted.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 4

Regulation (EU) 2018/842
Article 6 – paragraph 3a

(4) in Article 6 the following paragraph 3a is inserted: ‘ 3a. by 31 December 2023 if it intends to make use of the limited cancellation of EU ETS allowances referred to in paragraph 1, up to the percentage listed in Annex II for each of the years 2025 to 2030 for its compliance under Article 9. ’deleted Malta shall notify the Commission

2022/02/24
Committee: ENVI

Margrete AUKEN, Pär HOLMGREN, Ville NIINISTÖ

Proposal for a regulation
Article 1 – paragraph 1 – point -5 a (new)

Regulation (EU) 2018/842
Article 7

(- 5a) Article 7 is deleted.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 5

Regulation (EU) 2018/842
Article 7

(5) Article 7 is amended as follows: (a) the title is replaced by the following: ‘ Additional use of net removals from LULUCF ’ (b) paragraph 1 is amended as follows: (i) the introductory sentence is replaced by the following: ‘ To the extent that a Member State’s greenhouse gas emissions exceed its annual emission allocations for a given year, including any annual emission allocations banked pursuant to Article 5(3) of this Regulation, a quantity up to the sum of total net removals and total net emissions from the combined land accounting categories included in the scope of Regulation (EU) 2018/841, may be taken into account for its compliance under Article 9 of this Regulation for that year, provided that:. ’ (ii) point (a) is replaced by the following: ‘ (a) the cumulative quantity taken into account for that Member State for the years 2021 to 2025 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State; (aa) account for that Member State for the years 2026 to 2030 does not exceed half of the maximum amount of total net removals set out in Annex III to this Regulation for that Member State;. ’ (iii)deleted the cumulative quantity taken into paragraph 2 is deleted.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 5 b (new)

Regulation (EU) 2018/842
Article 8 – paragraph 1

(5 b) Article 8, paragraph 1 is replaced by the following: "1. If the Commission finds, in its annual assessment under Article 219 of Regulation (EU) ~~No 525/2013~~2018/1999 and taking into account the intended use of the flexibilities referred to in Articles 5~~, 6 and 7~~ of this Regulation, that a Member State is not making sufficient progress towards meeting its obligations under Article 4 of this Regulation, that Member State shall, within three months, submit to the Commission, a corrective action plan that includes: (a) an explanation as to why the Member State has failed to meet its obligations under Article 4 of this Regulation; (b) additional actions that the Member State shall implement in order to meet its specific obligations under Article 4 of this Regulation, through domestic policies and measures and the implementation of Union action; (b)c) a strict timetable for implementing such ~~action~~policies and measures, which enables the assessment of annual progress in implementation.; (d) an explanation as to the estimated additional emissions reductions to be achieved through these policies and measures and an explanation as to how the corrective plan will strengthen the Member State’s national energy and climate plan adopted under Regulation (EU) 2018/1999. "

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)

Regulation (EU) 2018/842
Article 8 – paragraph 3 (a) new

(5d) In Article 8, the following paragraph is added: "3a. The corrective action plans, the Commission opinions and the Member States' reasoning addressing the Commission’s opinion referred to in the first and fourth paragraphs shall be accessible to the public. When updating their National Energy and Climate Plan (NECP) under Article 14 of Regulation (EU) 2018/1999, Member States shall make references to their corrective plans and any opinions issued by the Commission under this Article. "

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point -6 b (new)

Regulation (EU) 2018/842
Article 9 – paragraph 1

(-6b) In Article 9, paragraph 1 is replaced by the following: "1. In 2027 and 2032, if the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation for any specific year of the period, taking into account ~~paragraph 2 of this Article and~~ the flexibilities used pursuant to Articles 5, ~~6 and 7,~~ the following measures shall apply: (a) an addition to the Member State’s greenhouse gas emission figure of the following year equal to the amount in tonnes of CO2 equivalent of the excess greenhouse gas emissions, multiplied by a factor of 1,085, in accordance with the measures adopted pursuant to Article 12; and (b) the Member State shall be temporarily prohibited from using the flexibilities referred to in Article 5 of this Regulation or transferring any part of its annual emission allocation to another Member State until it is in compliance with Article 4. The Central Administrator shall implement the prohibition referred to in point (b) of the first subparagraph in the Union Registry. "

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2018/842
Article 9 – paragraph 2

2. If the greenhouse gas emissions of a Member State in the period from 2021 to 2025 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas ea Member State exceeds its annual emissions allowance (AEA) in two or more consecutive years, it shall undertake a review of its National Energy and Climate Plan (NECP) and national Long-Term Strategy (LTS). That review shall be completed within 12 months. The Commission may issue recommendations identifying how the Member State’s NECP and national LTS are to be revised. The Member State shall notify the revised Plan to the Commission together with a statement setting out how the proposed revisions will remedy non- compliance with the national AEAs and how they have responded to the Commission’s ~~in tonnes of CO2 equivalent for the relevant years.~~recommendations where relevant. If the NECP or LTS remains substantially unaltered, the Commission shall, if appropriate, open an infringement procedure.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)

(6a) In Article 9, the following paragraph is added: ‘2a. In 2027 and 2032, if the reviewed greenhouse gas emissions of a Member State exceed its annual emission allocation for any specific year of the period, taking into account the flexibilities used pursuant to Article 5, the Commission shall impose a financial penalty on that Member State of 500 EUR per tonne of CO2 equivalent in excess of its allocation. The Commission shall determine, by means of implementing acts, the means for collecting the financial penalties. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2). The revenues generated from the financial penalties shall flow into the Union budget and be entirely used to finance action on Union level towards Climate Change Mitigation and Adaptation as defined by Regulation (EU) 2021/783 of the European Parliament and of the Council, establishing a Programme for the Environment and Climate Action (the 'LIFE Programme') for the period of the multiannual financial framework 2021 to 2027, or any successor programme.’

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 6 b (new)

Regulation (EU) 2018/842
Article 9 a (new)

(6b) The following article is inserted: ‘Article 9a Access to justice 1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned who meet the conditions set out in paragraph 2, including individuals and non-governmental organisations, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts and omissions: (a) that fail to comply with legal obligations arising under Article 4 of this Regulation; or (b) that are subject to Article 10 of Regulation (EU) 2018/1999. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations arising under Article 4 includes an act or omission with respect to a policy or measure adopted for the purposes of implementing those obligations, where that policy or measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned meet the conditions referred to in paragraph 1 when: (a) they have sufficient interest; or (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition. What constitutes a sufficient interest shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice and in conformity with the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph. 3. Paragraphs 1 and 2 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.’

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 6 c (new)

Regulation (EU) 2018/842
Article 10

(6c) Article 10 is deleted.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 6 d (new)

Regulation (EU) 2018/842
Article 11

(6d) Article 11 is deleted.

2022/02/24
Committee: ENVI

Margrete AUKEN, Ville NIINISTÖ

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EU) 2018/842
Article 11a

(7) The following article is inserted: ‘ Article 11a Additional reserve 1. If, by 2030, the Union has reduced net greenhouse gas emissions by at least 55% compared to 1990 levels in compliance with Article 3 of Regulation (EU) 2021/1119 of the European Parliament and of the Council**, and taking into account the maximum limit of the contribution of net removals, an additional reserve shall be established in the Union Registry. 2. Member States which decide to neither contribute nor benefit from the additional reserve shall notify their decision to the Commission no later than six months after the entry into force of this Regulation. 3. consist of the net removals that participating Member States have generated in the period 2026 to 2030 in excess of their respective targets pursuant to Regulation (EU) 2018/841, after deduction of both of the following: (a) Articles 11 to 13b of Regulation (EU) 2018/841; (b) the quantities taken into account for compliance pursuant to Article 7 of this Regulation. 4. If an additional reserve is set up pursuant to paragraph 1, a participating Member State may benefit from it if the following conditions are fulfilled: (a) the greenhouse gas emissions of the Member State exceed its annual emission allocations in the period from 2026 to 2030; (b) the flexibilities pursuant to Article 5(2) and (3); (c) maximum use possible of net removals in accordance with Article 7, even if that quantity does not reach the level set in Annex III; and (d) transfers to odeleted The additional reserve shall any flexibilities used under the Member State has exhausted ther Member States under Article 5. 5. conditions set out in paragraph 4, it shall receive an additional quantity from the additional reserve up to its shortfall to be used for compliance under Article 9. If the resulting collective quantity to be received by all of the Member States which fulfil the conditions set out in paragraph 4 of this Article exceeds the quantity allocated to the additional reserve under paragraph 3 of this Article, the quantity to be received by each of those Member States shall be reduced on a pro rata basis.’ ** Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). ’ has made the the Member State has made no net If a Member States fulfils the

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 7 b (new)

Regulation (EU) 2018/842
Article 12

(7b) Article 12 is replaced as follows: "Registry 1. The Commission shall adopt delegated acts in accordance with Article 13 to supplement this Regulation in order to ensure the accurate accounting under this Regulation through the Union Registry in respect of: (a) annual emission allocations; (b) flexibilities exercised under Articles 5~~, 6 and 7~~; (c) compliance checks under Article 9; (d) adjustments under Article 10; and (e) the safety reserve under Article 11. 2. The Central Administrator shall conduct an automated check on each transaction in the Union Registry that results from this Regulation and shall, where necessary, block transactions to ensure that there are no irregularities. 3. The information referred to in points (a) to (e) of paragraph 1 and in paragraph 2 shall be accessible to the public."

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 7 e (new)

Regulation (EU) 2018/842
Article 15 – paragraph 1

(7e) Article 15, first paragraph, is replaced by the following: "1. This Regulation shall be kept under review taking into account, inter alia, evolving national circumstances, the manner in which all sectors of the economy contribute to the reduction of greenhouse gas emissions, international developments and efforts undertaken to achieve the long- term objectives of the Paris Agreement. and the Union's climate objectives set in Regulation (EU) 2021/1119."

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 7 e (new)

Regulation (EU) 2018/842
Article 15 – paragraph 2 – subparagraph 1

2.(7e) In Article 15, paragraph 2, the first subparagraph is replaced by the following: The Commission shall submit a report to ~~"2.~~ the European Parliament and to the Council, within six months of each global stocktake agreed under Article 14 of the Paris Agreement, on the operation of this Regulation, including the balance between supply and demand for annual emission allocations, as well as on the contribution of this Regulation to the Union’s overall 2030 greenhouse gas emission reduction target, the Union’s climate objectives pursuant Articles 2 (1) and 4 (3) of Regulation (EU) 2021/1119 and its contribution to the goals of the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of the necessary greenhouse gas emission reductions by the Union and its Member States~~, including a post-2030 framework, and may make proposals if appropriate.~~. "

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 7 e (new)

Regulation (EU) 2018/842
Article 15 – paragraph 2 – second 2

(7e) In Article 15, paragraph 2, the second subparagraph is replaced by the following: "Those reports shall take into account the strategies prepared pursuant to Article 415 of Regulation (EU) ~~No 525/2013~~2018/1999 with a view to contributing to the formulation of a long-term Union strategy."

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 7 g (new)

Regulation (EU) 2018/842
Article 15 a (new)

(7g) The following article is inserted: ’Article 15a Alignment with Union and Member States climate neutrality objective In view of the Union’s climate neutrality target set out in Article 2 (1) of Regulation (EU) 2021/1119, the Commission shall propose by the end of 2025, as appropriate, amendments to this Regulation in order to set the Union’s greenhouse gas emissions reductions targets covering the sectors listed in Article 2(1) and individual Member State minimum contributions to fulfilling the Union’s targets, as well as minimum Union-level contributions for each sector listed in Article 2(1) to fulfilling the Union’s targets, for the years 2035, 2040, 2045 and 2050. When making the proposals for the post-2030 Union and national targets and contributions, the Commission shall take into account the GHG budget as well as the advice of the European Scientific Advisory Board on Climate Change referred to in Regulation (EU) 2021/1999.’

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point -9 a (new)

Regulation (EU) 2018/842
Annex II

(-9a) Annex II is deleted.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 9

Regulation (EU) 2018/842
Annex II – row 5

~~(9) In Annex II the entry for Malta is replaced by the following: [...]~~deleted

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point -10 a (new)

Regulation (EU) 2018/842
Annex III

(-10a) Annex III is deleted.

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 10

Regulation (EU) 2018/842
Annex III – title

(10) The title of Annex III is replaced by the following: ‘ TOTAL NET REMOVALS FROM THE CATEGORIES OF LAND COVERED BY REGULATION (EU) 2018/841 THAT MEMBER STATES MAY TAKE INTO ACCOUNT FOR COMPLIANCE FOR THE PERIOD 2021 TO 2030 PURSUANT TO POINT (a) OF ARTICLE 7(1) OF THIS REGULATION ’deleted

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 – paragraph 1 – point 10 a (new)

Regulation (EU) 2018/842
Annex IV

(10a) Annex IV is deleted

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 a (new)

Regulation (EU) 2018/1999
Article 4 – paragraph 1 – point (a)

Article 1a Regulation (EU) 2018/1999 is amended as follows: In Article 4, paragraph 1, point (a) the following paragraph is added: Member States shall demonstrate for each target and commitment how the planned measures will contribute to their achievement, and explain the methodology used for their emissions reduction projections. With regard to sectors covered under Regulation (EU) 2018/842, Member States shall specify for each sector the expected emissions reduction level by the end of the period covered."

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 a (new)

Regulation (EU) 2018/1999
Article 7

Article 7 1a Regulation (EU) 2018/1999 is amended as follows : In Article 7 the following paragraph is added:: The Commission shall adopt by 1 January 2024 Union guidelines setting out a detailed methodology for calculating investment needs and sources to achieve the objectives, target and contributions relating to each economic sector. Member States shall endeavour to apply that methodology where applicable in their reporting under Chapter 4 of this Regulation."

2022/02/24
Committee: ENVI

Margrete AUKEN, Pär HOLMGREN

Proposal for a regulation
Article 1 a (new)

Regulation (EU) 2018/1999
Article 14 a (new)

Article 1a Regulation (EU) 2018/1999 is amended as follows : The following article is inserted: ‘Article14a 1. With a view to ensuring the collective achievement of the Union’s climate-neutrality objective as set out in Article 2 of Regulation (EU) 2021/1119 (‘European Climate Law’) and clarifying the long-term contribution that each Member State shall make to achieving this objective, Member States which have not yet done so shall, by 30 June 2023, set out the date by which their national greenhouse gas emissions and removals regulated under Union law shall be balanced. 2. Member States’ climate neutrality targets shall be set out in their long-term strategy under Article 15 of this Regulation. Member States are encouraged to engage in prior consultation with the Commission to identify a national climate neutrality target which is sufficient to ensure the collective achievement of the Union’s climate neutrality objective. 3. The Commission shall assess whether the national long-term strategies under Article 15 and the national climate- neutrality targets contained therein are sufficient to collectively achieve the Union climate and energy targets and in particular those set out in Article 2(1) and Article 4 of Regulation (EU) 2021/1119, and shall publish by 1 January 2025 an evaluation of any remaining gap, including of a gap between aggregated national climate neutrality targets and the Union’s climate-neutrality objective. ‘

2022/02/24
Committee: ENVI

Proposal for a regulation
Article 1 a (new)–

Regulation (EU) 2018/1999
Annex V – part 1– point (n)

Article 1a Regulation (EU) 2018/1999 is amended as follows : Annex V, Part 1, point (n) is replaced by the following "(n) information of the Member State's intentions to make use of the flexibilities in Article 5(4) and (5) ~~and Article 7(1)~~ of Regulation (EU) 2018/842 and of the use of revenues under Article 5(6) of that Regulation."

2022/02/24
Committee: ENVI