36 Amendments of Miroslav MIKOLÁŠIK related to 2015/0148(COD)
Amendment 220 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/87/EC
Article 9 – paragraphs 2 and 3
Article 9 – paragraphs 2 and 3
Amendment 303 #
Proposal for a directive
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
The Commission ishall be empowered to adopt a delegated act in accordance with Article 23 to supplement this directive. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation. To enhance flexibility in the supply of free allowances, the threshold shall be lowered in order to better track real industrial activity variation levels. The threshold shall not exceed 10,000 allowances per year or 5% of the yearly allocation.
Amendment 312 #
Proposal for a directive
Article 1 – point 5 – point a c (new)
Article 1 – point 5 – point a c (new)
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 1
Article 10a – paragraph 2 – subparagraph 1
(ac) In paragraph 2, subparagraph 1 is replaced by the following: 'In defining the principles for setting ex- ante benchmarks infor individual products in each sectors or and sub-sectors, the starting pointbenchmark shall be the average performance of the 10 % most efficient installations for individual products in a sector orand sub-sector in the Community in the years 200713-2008. The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned17.'
Amendment 319 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – introductory part
Article 10a – paragraph 2 – subparagraph 3 – introductory part
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, unlesss shall be adjusted two years before the beginning of each trading period, in order to avoid windfall profits and reflect technological progress, taking into consideration the following:
Amendment 334 #
Proposal for a directive
Article 1 – point 5 – point b
Article 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 annThe Commission shall carry out a detailed impact assessment, taking into account the economic and technical development of industrial plants and processes for the individual reproduction 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;s in the individual sectors and subsectors, and consulting the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 343 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i a (new)
Article 10a – paragraph 2 – subparagraph 3 – point i a (new)
(ia) By way of derogation the total amount of CO2 from waste gases used for electricity production shall be taken into consideration when calculating the benchmarks.
Amendment 344 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i b (new)
Article 10a – paragraph 2 – subparagraph 3 – point i b (new)
'(ib) By way of derogation, products with a share of more than 30% of emissions considered to be unavoidable process emissions, shall be granted 100% free allowances for that type of emissions;'
Amendment 359 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
Article 10a – paragraph 2 – subparagraph 3 – point ii a (new)
(iia) By way of derogation, district heating shall be excluded from the adjustment.
Amendment 366 #
Proposal for a directive
Article 1 – point 5 – point b a (new)
Article 1 – point 5 – point b a (new)
Directive 2003/87/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
(ba) paragraph 4 is replaced by the following: '4. Free allocation shall be given to district heating as well as to high efficiency cogeneration, as defined by Directive 2004/8/EC, for economically justifiable demand, in respect of the production of heating or cooling. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9.'
Amendment 397 #
Proposal for a directive
Article 1 – point 5 – point e – point i
Article 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1
Article 10a – paragraph 7 – subparagraph 1
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, for significant production increases, together with 250 million and for adjustments to the maximum level of free allocation set in paragraph 5. In addition, the allowances placed in the market stability reserve pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*)1814 shall be set aside for this purpose.
Amendment 458 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
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 €)EUR), as well as heat supplied from district heating systems, shall be 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% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 485 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c d (new)
Article 10b – paragraph 2 – point c d (new)
(cd) level of potential competition distortion among sectors and sub-sectors
Amendment 516 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – title
Article 10c – title
Option for transitional free allocation for the modernisation of the energy sector
Amendment 525 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in €EUR at market prices below 60% of the Union average may give a transitional free allocation to installations forelectricity generation (including co-generation of heat and electricity production) for the modernisation of the energy sector.
Amendment 530 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 1 a (new)
Article 10c – paragraph 1 a (new)
1a. Member States shall be allowed to choose the most preferable free allowances allocation method in line with the following options and investments shall be selected on the basis of: (a) a competitive bidding process, (b) the National Investment Plans allocation which shall be based on criteria and rules referred to in paragraph 2a (new), or (c) a combination of both methods mentioned in point (a) and (b). Any Member State that is allowed to allocate allowances on the basis of this Article shall, by 31 December 2017, submit to the Commission an application containing the proposed allocation methodology.
Amendment 531 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – introductory part
Article 10c – paragraph 2 – introductory part
2. The Member State concerned shall organise a competitive bidding process for projects with a total amount of investment exceeding €10 million to select the investments to be financed with free allocation. This competitive bidding processcompetitive bidding process referred to in point (a) of paragraph 1a shall:
Amendment 537 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point a
Article 10c – paragraph 2 – subparagraph 1 – point a
(a) comply with the principles of transparency, non-discrimination, equal treatment, technological neutrality and sound financial management;
Amendment 540 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point b
Article 10c – paragraph 2 – subparagraph 1 – point b
(b) ensure that are eligible to bid only projects which contribute to: - the diversification of their energy mix and sources of supply, - the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, - clean technologies and, - use of cogeneration and/or - modernisation of the energy production, transmission and distribution sectors are eligible to bid; (including district heating systems);
Amendment 549 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point c – point i
Article 10c – paragraph 2 – subparagraph 1 – point c – point i
(i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions;
Amendment 552 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1– point c – point ii
Article 10c – paragraph 2 – subparagraph 1– point c – point ii
(ii) are additional, clearly respond to replacement and modernisation needs and do not supply a market-driven increase in energy demand;
Amendment 555 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Amendment 561 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 3
Article 10c – paragraph 2 – subparagraph 3
Amendment 568 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 3 a (new)
Article 10c – paragraph 2 – subparagraph 3 a (new)
The eligible Member States intending to make use of optional free allocation via the National Investment Plans (NIPs) referred to in point (b) of paragraph 1a shall select investments fulfilling the following criteria: - the diversification of their energy mix and sources of supply, - the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, - investment in clean technologies, - use of cogeneration and/or - modernisation of the energy production, transmission and distribution sectors (including district heating systems) While selecting investments for the purpose of NIPs, Member States shall take into account technological neutrality and ensure net positive gain in terms of emissions reduction. Only investments that have obtained all relevant corporate decisions after 24 October 2014 may be counted for this purpose. The method of this selection process and the final results shall be published for public consultation. On this basis, the Member State concerned shall establish and submit a list of investments to the Commission by 30 September 2019. The Commission shall assess the list of investments by 31 March 2020. Within 9 months from the receipt of the list of investments, the Commission may request additional information concerning individual projects. The lack of decision by the Commission within the abovementioned period date means approval of the list of investments as submitted. The list of investments selected under the method referred to in this paragraph may be updated in 2023 and 2027, and submitted to the Commission. This paragraph shall be applied in case of any update.
Amendment 573 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 4
Article 10c – paragraph 4
4. Transitional fFree allocations shall be deducted from the quantity of allowances that the Member State would otherwise auction. The total free allocation shall be no more than 40% of the allowances which the Member State concerned receives in the period 2021-30 pursuant to Article 10(2)(a) spread out in equal annual volumes over the period from 2021-30. Free allocation that is not covered by the necessary expenditure in any given year shall be carried over and claimed during following years of the period between 2021 and 2030 when appropriate expenditure is incurred. Other ways of distributing the total number of allowances dedicated for the free allocation over the period between 2021 and 2030 shall be allowed provided that they are duly justified.
Amendment 574 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 5
Article 10c – paragraph 5
5. AFree allocations to operators shall be madeallowed upon demonstration that an investment selected according to the rules of the competitive bidding procesof incurred expenditure, at the level of a capital group. The free allocations to individual electricity generators (including co- generation of heat and electricity) for the period between 2021 and 2030 shall be determined and published by each of the Member States concerned by 30 September 2019. The allocations along with the list of electricity generators shall be updated in 2023 and 2027. The updated list of electricity generators shasll been carried out submitted to the Commission by 1 January 2024 and 2028 respectively.
Amendment 579 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 6
Article 10c – paragraph 6
6. Member States shall require benefiting electricity generators and network operators to report by 28 February of each year on the implementation of their selected investments. Member States shall report on this to the Commissionannually by 31 March to the Commission on the balance of free allocation and investment expenditure incurred, and the Commission shall make such reports public.
Amendment 584 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 6 a (new)
Article 10c – paragraph 6 a (new)
6a. The eligible Member States shall be allowed to transfer unused allowances allocated under paragraph 1a to the Modernisation Fund as well as for auctioning.
Amendment 593 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2
Article 10d – paragraph 1 – subparagraph 2
The investments supported shall be consistent with the aims of this Directive and the European Fund for Strategic Investments.
Amendment 602 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 2
Article 10d – paragraph 2
2. The fund shall also finance small- scale investment projects in the modernisation of energy systems (including thermal energy, district heating, high efficiency cogeneration, renewable energy, geothermal heat) and energy efficiency. To this end, the investment boardeligible Member States shall develop guidelines and investment selection criteria specific to such projects. in line with the guidance elaborated by an advisory board referred to in paragraph 4.
Amendment 614 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 1
Article 10d – paragraph 4 – subparagraph 1
The fund shall be governed by an investment board and a management commitindividual allocations of each beneficiary Member State from the Modernisation Fund shall be governed by the eligible beneficiary Member Statee, which shall beassisted by the advisory board composed of representatives ofrom the beneficiary Member States, the Commission, and the EIB and three representatives elected by the other Member States for a period of 5 years. The investment board shall be responsible to determine. Individual decisions on financing particular projects shall be taken by the eligible beneficiary Member State. Day-to- day management of the fund shall be executed by the beneficiary Member States. The advisory board shall be responsible for preparing the framework guidance on investment, including a Union-level investment policy, appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day-to-day management of the fund.
Amendment 626 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 2
Article 10d – paragraph 4 – subparagraph 2
The investmentadvisory board shall elect a representative from the Commission as chairman. The investment board shall strive to take decisionsbe chaired annually by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majoritye of the beneficiary Member States.
Amendment 632 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 4 – subparagraph 3
Article 10d – paragraph 4 – subparagraph 3
Amendment 640 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Amendment 646 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 5 – introductory part
Article 10d – paragraph 5 – introductory part
5. The beneficiary Member States shall report annually to the management committeeadvisory board on investments financed by the fund. The report shall be made public and include:
Amendment 648 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 6
Article 10d – paragraph 6
6. Each year, the management commitbeneficiary Member Statees shall report to the Commission on experience with the evaluation and selection of investments. The Commission shall review the basis on which projects are selected by 31 December 2024 and, where appropriate, make proposals to the management commitrelevant beneficiary Member Statees.
Amendment 662 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.