56 Amendments of Jerzy BUZEK related to 2008/0013(COD)
Amendment 95 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules, such as, but not limited to, establishing sector benchmarks, in order to minimise distortions of competition with the Community. These rules should takeclearly set out the process establishing the sector benchmarks, as appropriate taking 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 also 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. In defining the principles for setting benchmarks in individual sectors, the Commission should consult with the sectors concerned.
Amendment 110 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission shouldwill therefore review the situation by June 2011 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 whichn analytical report assessing the situation with special regard to energy -intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. 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 whisectors exposed to a significant risk of carbon leakage. That report should be accompanied by any appropriate proposals which should include adjusting the proportion of allowances received free of ch arge determined to be exposed to a significant risk of carbon leakage could receive a higher amount of free allocation orand as a complementary measure 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 but also address exports. 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 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 allocation 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 allowancesFree allowances shall be awarded for heat produced through high efficiency cogeneration as defined by Directive 2004/8/EC in the event that such heat produced by installations in other sectors were to be given free allocations, in order to avoid distortions of competition.
Amendment 149 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) Transitional free 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. In the case of heat production, the EU ETS system should ensure equal treatment for all producers of heat, taking into account their widespread nature and dependence on meteorological conditions. It should also be borne in mind that, in the interest of protecting the environment, production can be transferred from installations not covered by the system to other installations and also that, in order to prevent distortion of competition, it is possible to prevent production being transferred to installations not covered by the system. 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 set-aside for new entrants in 2020 should be auctioned.
Amendment 169 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) 980 % of the total quantity of allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of verified emissions under the Community scheme in 20058 of the Member State concerned;
Amendment 170 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(ba) 10 % of the total quantity of allowances to be auctioned being distributed amongst Member States in accordance with achievements accomplished between Kyoto Protocol base year and the year 2008 in order to account of the efforts made up to the date of the introduction of the Community scheme.
Amendment 176 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development and demonstration project for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan;
Amendment 180 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) for theclean coal technologies including capture and geological storage of greenhouse gases, in particular from coal power stations;
Amendment 181 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point c a (new)
Article 10 – paragraph 3 – point c a (new)
(ca) for modernisation of coal-based combustion installations or their replacement by more efficient units providing lower CO2 emission;
Amendment 208 #
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. The Commission shall, by 30 June1 December 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
Amendment 228 #
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 gases listed in future international agre-emit infrared radiationents;"
Amendment 241 #
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.
Amendment 249 #
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 mayshall be given to electricity generatorusing a benchmark method to heat and power installations in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC and to district heating producers 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 production of that heat shall be adjusted by the linear factor referred to in Article 9.
Amendment 261 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verifiedhistorical emissions of those installations in 2005 to 20078 or average emission of those installations in 2008-2010. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9.
Amendment 271 #
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 279 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraphs 7 and 8
Article 10a – paragraphs 7 and 8
7. SUntil an international agreement and subject to Article 10b, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013to installations not covered by paragraph 2 in 2013 and each subsequent year shall be 8100% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resultiwithout chang in no free allocation in 2020. 8. In 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6g the total quantity of allowances according to Article 9.
Amendment 296 #
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 300 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 2 - point a
Article 10 - paragraph 2 - point a
(a) 980% of the total quantity of allowances to be auctioned being distributed amongst Member States in shares that are identical to the share of average verified emissions under the Community scheme in 2005- 2007 of the Member State concerned;
Amendment 305 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 2 - point ba (new)
Article 10 - paragraph 2 - point ba (new)
(ba) 10 % of the total quantity of allowances to be auctioned being distributed amongst Member States in accordance with achievements accomplished between Kyoto Protocol base year and the year 2005 in order to take account of the efforts made up to the date of the introduction of the Community scheme.
Amendment 315 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3
Article 10 - paragraph 3
3. At least 20% of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in point (b) thereof, should be used for one or more of the following: (a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development and demonstration projects for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan; (b) to develop renewable energies to meet the commitment of the Community to using 20% renewable energies by 2020, and to meet the commitment of the Community to increase energy efficiency by 20% by 2020; (c) for theclean coal technologies including capture and geological storage of greenhouse gases, in particular from coal power stations; (ca) for modernisation of coal-based combustion installations or their replacement by more efficient units producing lower CO2 emissions; (d) for measures to avoid deforestation, in particular in Least Developed Countries; (e) to facilitate developing countries' adaptation to the impacts of climate change; (f) to address social aspects in lower and middle income households, for example by increasing their energy efficiency and insulation; and (g) to cover administrative expenses of the management of the Community scheme.
Amendment 320 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
1. Not later than June 2011, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, whilst providing equivalent treatment of competing industries and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with special regard to energy- intensive sectors or sub-sectors that have beeno determined to beheir exposured to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may according to paragraph 3. 2. The analytical report referred to in paragraph 1 shall be accompanied by any appropriate proposals, which take into consideration the timeframe until full implementation and shall include: -(a) adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subj(b) for leakage effects not covered by other measures carbon equalisation systems for exporters and importers of products produced by the sectors covered by Article 10a. Such systems shall not reduce liquidity of the allowance market; (c) adjusting the number of allowances received free of charge to compensate for the indirect effect of pass-through of CO2 cost in electricity prices for those sectors determined in accordance with paragraph 3 as being particularly impacted by this pass-through cost. Allowances for the compensation of pass-through of CO2 cost will be additional and subtracted from the allowances allocated according to Article 10 paragraph1 and shall not be subject to Article 12 paragraphs 1 and 3. Any binding sectoral agreements which provide for equivalent treatment of competing industries and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. 3. In the determination referred to in the first subparagraph the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to installations operating in countries outside the Community that did not impose equivalent and verifiable constraints on emissions, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. be implemented outside the EU in the sectors concerned; (da) the effect of pass through cost of CO2 in the electricity prices in the sector or sub-sector concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used. 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 323 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 - introductory part
Article 10b – paragraph 1 - introductory part
Not later than June 20110, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors and energy sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:
Amendment 328 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3 - point a
Article 10 - paragraph 3 - point a
(a) to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to adapt to the impacts of climate change and to fund research and development of the industries within the scope of this Directive for reducing emissions and adapting, including participation in initiatives within the framework of European Strategic Energy Technology Plan and the European Technology Platforms;
Amendment 332 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 3 - point c
Article 10 - paragraph 3 - point c
(c) for the capture and geological storage of greenhouse gases, in particular from coal power stations;
Amendment 350 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 7 a (new)
Article 11a – paragraph 7 a (new)
7a. The Commission shall endeavour to ensure that any agreement referred to in paragraph 5 and the international agreement referred to in paragraph 6 includes a crediting system for afforestation, reforestation, reduced emissions from deforestation and other sustainable forestry projects and activities, including erosion avoidance and cleaning of waste water. Operators of installations shall be allowed to use any credits resulting from avoided deforestation, afforestation and reforestation and other sustainable forestry projects and activities in developing countries that are agreed under the agreements referred to in paragraphs 5 and 6.
Amendment 354 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 5
Article 10 - paragraph 5
5. By 31 December 20109, the Commission shall adopt a Regulation on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. Auctions shall be designed, taking into account the principles laid down in Annex IIb, to ensure that operators, and in particular any small and medium size enterprises covered by the Community scheme, have full access and any other participants do not undermine the operation of the auction. 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)]to emission rights, and that speculation is avoided. The Regulation will ensure that the impact of the auctioning system on the new Member States will be equally distributed according also to the Member States’ economic power, measured by Gross Domestic Product instead of specific national CO2 emissions only. This solution shall be agreed by the European Parliament and the Council under the codecision procedure.
Amendment 361 #
Proposal for a directive – amending act
Article 1 – point 17
Article 1 – point 17
Directive 2003/87/EC
Article 22 – paragraph 1
Article 22 – paragraph 1
The Commission may amend the Annexes to this Directive, with the exception of Annex I, and Annex I,Ia in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Annex IIa may be amended only in accordance with the procedure laid down in Article 251 of the Treaty. Annexes IV and V may be amended in order to improve the monitoring, reporting and verification of emissions.
Amendment 363 #
Proposal for a directive – amending act
Article 1 – point 19
Article 1 – point 19
Directive 2003/87/EC
Article 24a – paragraph 1
Article 24a – paragraph 1
1. In addition to the inclusions provided for in Article 24, the Commission mayshall adopt implementing measures for issuing allowances in respect of projects administered by Member States that reduce greenhouse gas emissions outside of the Community scheme. 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)]. Any such measures shall not result in the double-counting of emissions reductions and impede the undertaking of other policy measures to reduce emissions not covered by the Community scheme. Provisions shall only be adopted where inclusion is not possible in accordance with Article 24, and tThe next review of the Community scheme shall consider harmonising the coverage of those emissions across the Community.
Amendment 364 #
Proposal for a directive – amending act
Article 1 – point 19 a (new)
Article 1 – point 19 a (new)
Directive 2003/87/EC
Article 24a a (new)
Article 24a a (new)
Amendment 373 #
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 380 #
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. The Commission shall, at the latest by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
Amendment 383 #
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. The Commission shall, by 30 June1 December 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
Amendment 386 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 2 a (new)
Article 28 – paragraph 2 a (new)
2a. An international agreement according to paragraphs 1 and 2 is defined as an agreement between countries which leads to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements. Such an international agreement should include a critical mass of world wide sectoral production. Countries subject to such an international agreement shall agree to implement and enforce measures which result in an equivalent burden for industries exposed to international competition.
Amendment 389 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
The measures referred to in the first subparagraph shall, to the extent feasible, establish harmonised sector specific benchmarks to 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. They shall be based on the most efficient techniques and technologies, and take into account of the most efficient techniquepotential, including the technical potential, to reduce emissions, substitutes, alternative production processes, and the use of biomass and greenhouse gas capture and storage, and. The measures shall not give incentives to increase emissions per unit of production. No free allocation shall be made in respect of any electricity production. In defining the principles for setting benchmarks in individual sectors, the Commission shall consult with the sectors concerned.
Amendment 394 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
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.
Amendment 400 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3
Article 10a – paragraph 1 – subparagraph 3
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, except for electricity produced in connection with industrial heat consumption or produced from residues from an industrial process provided that it is for the own consumption of the operators of the installations; such allocations shall be made under the same allocation principles as applied to that industrial activity as mentioned in Annex I. However, where a waste gas from a production process is used as a fuel, all allowances shall be allocated for free to the operator of the installation generating the waste gas according to the same allocation principles as applied for that installation.
Amendment 425 #
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.
Amendment 444 #
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 mayshall be given to electricity generators in respect of the production of heatthe production of heat that is supplied to industries and other consumers through high efficiency cogeneration as defined by 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 production of that heat shall be adjusted by the linear factor referred to in Article 9.
Amendment 458 #
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 cogeneration as defined by Directive 2004/8/EC and to district heating producers 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 production of that heat shall be adjusted by the linear factor referred to in Article 9.
Amendment 466 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
Amendment 472 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
Amendment 479 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 20078 or the average emissions of those installations in 2008-2010. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9.
Amendment 489 #
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 492 #
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
No free allocation shall be made in respect of any electricity production by new entrants, except for electricity produced in connection with industrial heat consumption or produced from residues from an industrial process provided that it is for the own consumption of the operators of the installations; such allocations shall be made under the same allocation principles as applied to that industrial activity as mentioned in Annex I. However, where a waste gas from a production process is used as a fuel, all allowances shall be allocated for free to the operator of the installation generating the waste gas with the same allocation principles as applied for that installation.
Amendment 501 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6a (new)
Article 10a – paragraph 6a (new)
Amendment 509 #
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
7. SUntil an international agreement enters into force and subject to Articles 10b and 28, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013to installations not covered by paragraph 2 in 2013 and each subsequent year shall be 8100% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each year by equal amounts resulting in no free allocation in 2020without changing the total quantity of allowances according to Article 9.
Amendment 524 #
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 540 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9
Article 10a - paragraph 9
Amendment 587 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b
Article 10b
1. Not later than June 2011 and thereafter every five years, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, whilst providing for equal treatment of competing industries and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with special regard to energy-intensive sectors or sub- sectors that have beeno determined to beheir exposured to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include: - adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emiss according to paragraph 3. 2. The analytical report referred to in paragraph 1 shall be accompanied by any appropriate proposals, which take into consideration the timeframe until full implementation and shall include: - adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; - for leakage effects not covered by other measures carbon equalisation systems for exporters and importers of products produced by the sectors covered by Article 10a. Such systems shall not reduce liquidity of the allowance market. Any binding sectoral agreements which provide for equal treatment of competing industries and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. 3. In the determinations reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. ferred to in paragraph 1, the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to installations operating in countries outside the Community that did not impose equivalent and verifiable constraints on emissions, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned; (e) the effect of passing through CO2 costs in electricity prices in the sector or sub- sector concerned. For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installations concerned may inter alia be used. 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 600 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b - introduction
Article 10b - introduction
Not later than June 20110, the Commission shall, in the light of the outcome of the international negotiations and the extent to which these lead to global greenhouse gas emission reductions, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors and energy sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:
Amendment 606 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b - indent 2 a (new)
Article 10b - indent 2 a (new)
- adjusting the number of allowances received free of charge to compensate for the indirect effect of passing through CO2 costs in electricity prices for those sectors determined in accordance with Article 10a(3) as being particularly impacted by this pass-through cost. Allowances for the compensation of pass-through of CO2 cost will be additional and subtracted from the allowances allocated according to Article 10(1) and shall not be subject to Article 12(1) and (3).
Amendment 687 #
Proposal for a regulation – amending act
Article 1 - point 17
Article 1 - point 17
Directive 2003/87/EC
Article 22 - paragraph 1- subparagraph 1
Article 22 - paragraph 1- subparagraph 1
The Commission may amend the Annexes to this Directive, with the exception of Annex I and Annex IIa, in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Annex I and Annex IIa may be amended only in accordance with the procedure laid down in Article 251 of the Treaty. Annexes IV and V may be amended in order to improve the monitoring, reporting and verification of emissions.
Amendment 701 #
Proposal for a regulation – amending act
Article 1 - point 19
Article 1 - point 19
Directive 2003/87/EC
Article 24 a - paragraph 1
Article 24 a - paragraph 1
1. In addition to the inclusions provided for in Article 24, the Commission mayshall adopt implementing measures for issuing allowances in respect of projects administered by Member States that reduce greenhouse gas emissions outside of the Community scheme. 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)]. Any such measures shall not result in the double-counting of emissions reductions and impede the undertaking of other policy measures to reduce emissions not covered by the Community scheme. Provisions shall only be adopted where inclusion is not possible in accordance with Article 24, and tThe next review of the Community scheme shall consider harmonising the coverage of those emissions across the Community.
Amendment 712 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 27 - title and paragraph 1
Article 27 - title and paragraph 1
Exclusion of small combustion installations subject to equivalent measures 1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, and 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 811 #
Proposal for a directive – amending act
Annex I - point 4 a (new)
Annex I - point 4 a (new)
Directive 2003/87/EC
Annex I - table - Category 4 ("Other activities") - column 1
Annex I - table - Category 4 ("Other activities") - column 1
(4a) "Other activities" is replaced by the following: Industrial plants for the production of (a) pulp from timber or other fibrous materials including the combustion installations with a rated thermal input exceeding 20 MW (b) paper and board with a production capacity exceeding 20 tonnes per day where combustion installations with a rated thermal input exceeding 20 MW are operated
Amendment 823 #
Proposal for a directive – amending act
Annex II a (new)
Annex II a (new)
Directive 2003/87/EC
Annex II b (new)
Annex II b (new)
ANNEX IIb The following is added as Annex IIb to Directive 2003/87/EC: "Annex IIb Principles for auctions Principle 1 Rational formation of emission/energy prices Principle 2 Graduation of burden loads over a period of time Principle 3 Counteracting the carbon leakage effect Principle 4 Supporting cogeneration Principle 5 Protection against an escape into ‘low emission’ Principle 6 Each right should be linked with a certain obligation, so the right to emission allowances should be linked with obligatory power generation Principle 7 Equal competition, which means limiting the entities entitled to participate in the auction to operators located within a certain country (domestic auctions) or at least within a group of countries with similar carbonisation Principle 8 Creating a minimum, though rising step- by-step, price of emission rights as an opening bid price (reserve price) on auctions, starting at 20 €/tCO2 in 2013 and rising each year by 5 € to reach 55 €/tCO2 in 2020. Principle 9 Creating a maximum, though rising step- by-step, price of emission rights as a gradually increasing penalty fee, starting at 30 €/tCO2 in 2013 and rising each year by 10 € to reach 100 €/tCO2 in 2020."