49 Amendments of Herbert REUL related to 2008/0013(COD)
Amendment 52 #
Proposal for a directive – amending act
Recital 4
Recital 4
(4) In order to contribute to achieving those long-term objectives, it is appropriate to set out a predictable path according to which the emissions of installations covered by the Community scheme should be reduced. To achieve cost-effectively the commitment of the Community to at least a 20% reduction in greenhouse gas emissions below 1990 levels in the internationally recognised Kyoto reference year of 1990, emission allowances allocated in respect of those installations should be 21% below their 2005 emission levels by 2020.
Amendment 61 #
Proposal for a directive – amending act
Recital 10
Recital 10
(10) Where equivalent measures to reduce greenhouse gas emissions, in particular taxation, are in place for small installations whose emissions do not exceed a threshold of 1025 000 tonnes of CO2 per year, there should be a procedure for enabling Member States to exclude such small installations from the emissions trading system for so long as those measures are applied. This threshold relatively offers the maximum gain in terms of reduction of administrative costs for each tonne excluded from the system, for reasons of administrative simplicity. As a consequence of the move from five-year allocation periods, and in order to increase certainty and predictability, provisions should be set on the frequency of revision of greenhouse gas emission permits.
Amendment 62 #
Proposal for a directive – amending act
Recital 11
Recital 11
(11) The Community-wide quantity of allowances should decrease in a linear manner calculated from the mid-point of the period 2008 to 2012, ensuring that the emissions trading system delivers gradual and predictable reductions of emissions over time. The annual decrease of allowances should be equal to 1.74a constant reduction factor of 1.10% of the allowances issued by Member States pursuant to Commission Decisions on Member States' national allocation plans for the period 2008 to 2012, so that the Community scheme contributes cost- effectively to achieving the commitment of the Community to an overall reduction in emissions of at least 20% by 2020.
Amendment 64 #
Proposal for a directive – amending act
Recital 12
Recital 12
(12) This contribution is equivalent to a reduction of emissions in 2020 in the Community scheme of 215% below reported 2005 levels, corresponding to a reduction of xx% compared to 1990, including the effect of the increased scope from the period 2005 to 2007 to the period 2008 to 2012 and the 2005 emission figures for the trading sector used for the assessment of the Bulgarian and Romanian national allocation plan for the period 2008 to 2012, leading in the year 2020 to an issue of a maximum of 1 72850 million allowances in the year 2020. Exact quantities of emissionsto installations in receipt of allocations for the period from 2008 to 2012, and some 130 million certificates for sectors and gases newly included from 2013. Exact quantities of emissions and the percentage reduction factor will be calculated once Member States have issued allowances pursuant to Commission Decisions on their national allocation plans for the period 2008 to 2012, as the approval of allocations to some installations was contingent upon their emissions having been substantiated and verified. Once the issue of allowances for the period 2008 to 2012 has taken place, the Commission will publish the Community-wide quantity. Adjustments should be made to the Community-wide quantity in relation to installations which are included in the Community scheme during the period 2008 to 2012 or from 2013 onwards.
Amendment 66 #
Proposal for a directive – amending act
Recital 13
Recital 13
(13) The additional effort to be made by the European economy requires inter alia that the revised Community scheme operate with the highest possible degree of economic efficiency and on the basis of fully harmonised conditions of allocation within the Community. Auctioning should therefore be the basic principle for allocation, as it is the simplest and generally considered to be the most economically efficient systemFree allocation based on benchmarks and actual production is the most economically efficient system that can provide for setting incentives for low carbon technologies and for the achievement of the reduction target. This should also eliminate windfall profits and put new entrants and higher than average growing economies on the same competitive footing as existing installations.
Amendment 68 #
Proposal for a directive – amending act
Recital 14
Recital 14
Amendment 71 #
Proposal for a directive – amending act
Recital 15
Recital 15
Amendment 79 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Consequently, full auctioning should be the rule from 2013 onwards for the power sector, taking into account their ability to pass on the increased cost of CO2, and no free Emissions trading is an instrument that should help meet the CO2 reduction targets at minimal cost. Free allocation based on benchmarks and actual production sets the necessary incentives to efficiency improvements. Costs from the EU ETS both for participating installocation should be given for carbon capture and storage as the incentive for this arises from allowances not being required to be surrendered in respect of emissions which are stored. Electricity generators may receive free allowances for heat produced through high efficiency cogeneration as defined by Directive 2004/8/EC in the event that such heat produced by installations in os as well as indirectly for the consumers can thereby be limited to the financial needs for abating the CO2 emissions to be reduced in accordance with the target set. The CO2 emissions still permitted in line with the cap consequently do not create costs for the Community, but will do so as soon as they fall under a future, strengthened reduction target. Such limitation does not at all jeopardise the climate change policy goals. The achievement of the CO2 reduction target can be safeguarded by setting the benchmarks correctly. The option of a downward adjustment of the benchmarks in subsequent years provides for ther sectors were to be given free allocations, in order to avoid distortions of competiturity to really meet the overall reduction target. Consequently, free allocation based on benchmarks and actual production should be the rule from 2013 onwards for all sectors and the entire periond.
Amendment 84 #
Proposal for a directive – amending act
Recital 17
Recital 17
Amendment 91 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) Transitional fFree allocation to installations should be provided for through harmonised Community-wide rules ("benchmarks") in order to minimise distortions of competition with the Community. These rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period so as to enable the market to function properly. They shall also avoid undue distortions of competition on the markets for electricity and heat supplied to industrial installations. These rules should apply to new entrants carrying out the same activities as existing installations receiving transitional free allocations. To avoid any distortion of competition within the internal market, no free allocation should be made in respect of the production of electricity by new entrants. Allowances which remain in the setaside for new entrants in 2020 should be auctioned. Any such rules should not give incentives to increase emissions from inefficient installations.
Amendment 101 #
Proposal for a directive – amending act
Recital 18 a (new)
Recital 18 a (new)
Amendment 103 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy- intensive sectors and sub-sectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community will allocate allowances free of charge up to 100% to sectors or sub-sectors meeting the relevant criteria. The definition of these sectors and sub-sectors and the measures required will be subject to re- assessment to ensure that action is taken where necessary and to avoid overcompensation. For those specific sectors or sub-sectors where it can be duly substantiated that the rso adopt the principle of free allocation on the basisk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, the action taken may take into account the electricity consumption in the production process, without changing the total quantity of allowancesa benchmark.
Amendment 109 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should therefore review the situation by June 20110 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify which energy intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 20109. It should base its analysis on the assessment of the inability to pass on the cost of required allowances in product prices without significant loss of market share to installations outside the Community not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries on a comparable footing. Such a system could apply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreement.
Amendment 120 #
Proposal for a directive – amending act
Recital 22
Recital 22
(22) In order to provide predictability, operators should be given certainty about their potential after 2012 to use CERs and ERUs up to the remainder of the level which they were allowed to use in the period 2008 to 2012, from project types which were accepted by all Member States in the Community scheme during the period 2008 to 2012. In addition, operators should also be permitted to make annual use of allowances from flexible project mechanisms (CERs and ERUs) or other approved credits from third countries up to a maximum of 50% of reductions compared to the allocation for the period 2012 too 2018. As carry- over by Member States of CERs and ERUs held by operators between commitments periods under international agreements (‘banking’ of CERs and ERUs) cannot take place before 2015, and only if Member States choose to allow the banking of those CERs and ERUs within the context of limited rights to bank such credits, this certainty should be given by requiring Member States to allow operators to exchange such CERs and ERUs issued in respect of emission reductions before 2012 for allowances valid from 2013 onwards. However, as Member States should not be obliged to accept CERs and ERUs which it is not certain they will be able to use towards their existing international commitments, this requirement should not extend beyond 31 December 2014. Operators should be given the same certainty concerning such CERs issued from projects that have been established before 2013 in respect of emission reductions from 2013 onwards.
Amendment 125 #
Proposal for a directive – amending act
Recital 28
Recital 28
(28) In order to clarify the coverage of all kinds of boilers, burners, turbines, heaters, furnaces, incinerators, kilns, ovens, dryers, engines, flares, and thermal or catalytic afterburning by this Directive, a definition of combustion installation in line with the corresponding definition in Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control should be added.
Amendment 127 #
Proposal for a directive – amending act
Recital 33
Recital 33
Amendment 131 #
Proposal for a directive – amending act
Recital 34
Recital 34
(34) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. In particular power should be conferred on the Commission to adopt measures for the auctioning of allowances, for transitional Community- wide allocation of allowances in the context of the benchmarking model, for the monitoring, reporting and verification of emissions, for the accreditation of verifiers and for implementing harmonised rules for projects. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and to supplement this Directive by the addition or modification of new non- essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 133 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2003/87/EC
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
It also provides for the reductions of greenhouse gas emissions to be increased so as to contribute to the levels of reductions that are considered scientifically necessary to avoid dangerous climate changenecessary to reduce dependency on fossil fuels in the coming decades for reasons of security of supplies.
Amendment 136 #
Proposal for a directive – amending act
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – point c
Article 3 – point c
(c) 'greenhouse gases' means the gases listed in Annex II and other gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation;
Amendment 148 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u
Article 3 – point u
Amendment 157 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2003/87/EC
Article 6 – paragraph 1 - subparagraph 2
Article 6 – paragraph 1 - subparagraph 2
Amendment 160 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/87/EC
Article 9 – paragraph 1
Article 9 – paragraph 1
The Community-wide quantity of allowances issued each year starting in 2013 shall decrease in a linear manner beginning from the mid-point of the period 2008 to 2012. The quantity shall decrease by a linearconstant linear percentage factor of 1.7410% compared to the average annual total quantity of allowances issued by Member States in accordance with the Commission Decisions on their national allocation plans for the period 2008 to 2012.
Amendment 164 #
Proposal for a directive – amending act
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 9a – paragraph 3 a (new)
Article 9a – paragraph 3 a (new)
3a. Should the amount of allowances that were additionally allocated to operators due to production increases in accordance with Article 10a(2) exceed the amount of allowances returned by operators in that specific sector due to reduced reduction according to the ex-post adjustments, the benchmarks for this specific sector shall be reduced in the year following the year in which the imbalance occurred in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)] in a way that ensures the achievement of overall reduction of emissions within the scope of Article 9. To this end, the competent authorities shall inform the Commission by 30 April each year whether the quantity of emission allowances has been exceeded.
Amendment 166 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10
Article 10
Article 10 is deleted.
Amendment 203 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
Article 10a – paragraph 1 – subparagraph 1
1. Starting from the year 2013, Member States shall allocate all allowances free of charge for the entire period. The Commission shall, by 30 June 201109, adopt Community wide and fully harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 83 in a harmonised manner.
Amendment 209 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. The definition of sectors to which the directive applies constitutes however an essential element and shall therefore be the subject of a regulation.
Amendment 219 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1– subparagraphs 3 and 4
Article 10a – paragraph 1– subparagraphs 3 and 4
The measures referred to in the first subparagraph shall, to the extent feasible, ensure that allocation takes place in a manner that gives incentives for greenhouse gas and energy efficient techniques and for reductions in emissions, by taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review those measures to provide that free allocation only takes place where this is fully justified in the light of that agreement and shall not give incentives to increase emissions.
Amendment 236 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Subject to paragraph 3, no free allocation shall be given to electricity generators, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions. Installations shall be allocated the number of allowances corresponding to the arithmetical product of the expected average annual production volume, the installation’s respective benchmark, as well as the number of calendar years within the allocation period since commissioning. Should the production volume in one calendar year deviate from the expected average annual production, the operator shall, in case of a decrease in production, return, by 30 April of the following year, the number of allowances to the relevant authority that results from the multiplication of the production volume with the benchmark allocated to the plant. In case of an increase in production, the relevant authority shall, following application and by 30 April of the following year, allocate additional allowances on the basis of the same calculation. The benchmarks shall be established in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)]. They shall take into consideration the technical reduction potential of the respective plants. Technically unavoidable process- related emissions shall not be taken into account when determining the benchmark. The same applies for unavoidable waste gases. Where a waste gas is used as a fuel, allowances should be allocated to the operator of the installation generating the waste gas according to the same allocation principles as applied for this Directive.
Amendment 242 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2 a (new)
Article 10a – paragraph 2 a (new)
2a. Should for certain products or processes no benchmarks have been stipulated in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)], the respective installation shall be allocated emission allowances according to the annual average allocation for the second EU ETS trading period, adjusted by the linear coefficient in accordance with Article 9. The technical reduction potential of the respective plants shall be taken into consideration. In the event that the products or processes were not covered by the second EU ETS trading period, grandfathering shall apply.
Amendment 246 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogenerationHighly efficient combined heat and power plants (CHP) as defined byin Directive 2004/8/EC for economically justifiable demand to ensure equal treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installations in respect of the producshall be granted, without time limitation, free allowances for their power and heat generation ofn that heat shall be adjusted by the linear factor referred to in Article 9e basis of a benchmark.
Amendment 269 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 3
Article 10a – paragraph 6 – subparagraph 3
Amendment 281 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 7
Article 10a – paragraph 7
Amendment 289 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
Amendment 298 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9
Article 10a – paragraph 9
Amendment 311 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
Amendment 332 #
Proposal for a directive – amending act
Article 1 – point 8 a (new)
Article 1 – point 8 a (new)
Directive 2003/87/EC
Article 10b a (new)
Article 10b a (new)
(8a) The following Article shall be inserted: "Article 10ba The Commission shall put forward a proposal for a compensation mechanism to offset the indirect costs resulting from higher electricity prices due to the Community scheme. This proposal shall be compatible with Community provisions on state aid."
Amendment 335 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Each Member State shall publish and submit to the Commission, by 30 September 2011, the list of installations covered by this Directive in its territory and any free allocation to each installation in its territory calculated in accordance with the rules referred to in Article 10a(12).
Amendment 343 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 3 - subparagraph 1
Article 11a – paragraph 3 - subparagraph 1
3. To the extent that the levels of CER/ERU use allowed to operators by Member States for the period 2008 to 2012 have not been used up,he competent authorities shall allow operators to exchange CERs on an annual basis from projects that were established before 2013 issued in respect of emission reductions from 2013 onwards, up to 50% of the annual reduction in the quantity of allowances to be allocated as provided for in Article 9, for allowances valid from 2013 onwards.
Amendment 344 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 4 - subparagraph 1
Article 11a – paragraph 4 - subparagraph 1
4. To the extent that the levels of CER/ERU use allowed to operators by Member States for the period 2008 to 2012 have not been used up,aking the maximum limit stated in paragraph 3 into account, the competent authorities shall allow operators to exchange CERs issued in respect of emission reductions from 2013 onwards for allowances from new projects started from 2013 onwards in Least Developed Countries.
Amendment 348 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 5
Article 11a – paragraph 5
5. To the extent that the levels of CER/ERU use allowed to operators by Member States for the period 2008 to 2012 have not been used up and iIn the event that the conclusion of an international agreement on climate change is delayed, credits from projects or other emission reducing activities may be used in the Community scheme in accordance with agreements concluded with third countries, specifying levels of use. In accordance with such agreements, operators shall be able to use credits from project activities in those third countries to comply with their obligations under the Community scheme up to 50% of the reductions effected in the relevant year as compared with the allocation for the period 2008 to 2012.
Amendment 353 #
Proposal for a directive – amending act
Article 1 – point 10 a (new)
Article 1 – point 10 a (new)
Directive 2003/87/EC
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
(10a) In Article 12, the following paragraph shall be inserted: "1a. The Commission shall publish a report, including appropriate legislative proposals, concerning insider dealing and market manipulation in the market for emissions allowances. This report shall consider, inter alia, whether allowances should be regarded as financial instruments within the scope of Directive 2003/6/EC on insider dealing and market manipulation (market abuse)."
Amendment 354 #
Proposal for a directive – amending act
Article 1 – point 11 – point a
Article 1 – point 11 – point a
Directive 2003/87/EC
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Allowances issued from 1 January 2013 onwards shall be valid for emissions during periods of eight years beginning on 1 January 2013. Unused allowances may be transferred to the following eight-year period without restriction.
Amendment 355 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/87/EC
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall adopt a Regulationguidelines and tools for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I which shall be based on the principles for monitoring and reporting set out in Annex IV and shall specify the global warming potential of each greenhouse gas in the requirements for monitoring and reporting emissions for that gas. That measure, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)].
Amendment 357 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/87/EC
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 358 #
Proposal for a directive – amending act
Article 1 – point 12
Article 1 – point 12
Directive 2003/87/EC
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States shall ensure that each operator of an installation reports the emissions from that installation during each calendar year to the competent authority after the end of that year in accordance with the regulation.
Amendment 359 #
Proposal for a directive – amending act
Article 1 – point 13 – point b
Article 1 – point 13 – point b
Directive 2003/87/EC
Article 15 – paragraph 3
Article 15 – paragraph 3
The Commission shall adopt a Regulationdraw up guidelines for the verification of emission reports and the accreditation of verifiers specifying conditions for the accreditation, mutual recognition and withdrawal of accreditation for verifiers, and for supervision and peer evaluation as appropriate.
Amendment 375 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, 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, (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
Amendment 388 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Operators may, in addition to unused CERs and ERUs assigned to operators by the Member States for the period 2008 to 2012, use CERs, ERUs or other credits approved in accordance with paragraph 4 from third countries which have concluded the international agreement, up to half of the reduction taking place in accordance with paragraph 2 and Article 9.
Amendment 400 #
Proposal for a directive – amending act
Annex II
Annex II
Directive 2003/87/EC
Annex IIa
Annex IIa
Annex IIa is deleted.