Activities of Elisa FERREIRA related to 2008/0013(COD)
Plenary speeches (1)
Greenhouse gas emission allowance trading system (debate)
Amendments (60)
Amendment 37 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) Given the considerable efforts of combating climate change and of adapting to its inevitable effects, it is appropriate that at least 290% of the proceeds from the auctioning of allowances should be used to reduce greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for reducing emissions and adaptation, to develop renewable energies to meet the EU’s commitment to using 20% renewable energies by 2020, to meet the commitment of the Community to increase energy efficiency by 20% by 2020, for the capture and geological storage of greenhouse gases, to contribute to the Global Energy Efficiency and Renewable Energy Fund20, for measures to avoid deforestation and facilitate adaptation in developing countries, and for addressing social aspects such as possible increases in electricity prices in lower and middle income households. This proportion is significantly below the expected net revenues for public authorities from auctioning, taking into account potentially reduced income from corporate taxes. In addition, proceeds from auctioning of allowances should be used to cover administrative expenses of the management of the Community scheme. Provisions should be included on monitoring the use of funds from auctioning for these purposes. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the Treaty.
Amendment 40 #
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 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 other sectors were to be given free allocations, in order to avoid distortions of competition. Nevertheless electricity sector production should continue with serious internal emission reduction efforts. Any passing on of costs will have to be evaluated and analysed, in particular with regard to its contribution to inflationary pressures within the European Union, social and economic impacts on lower and middle income households, and their indirect impact in overall costs for energy users in economic sectors. Competition authorities should be particularly vigilant in combating abuses of market power through excessive and/or imbalanced energy price increases. The international competitive aspects of the expected price increase should also be taken into account.
Amendment 43 #
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 ("and sectoral benchmarks") in order to minimise distortions of competition with the Community. These rules and benchmarks should take account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables, cogeneration 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 with the exception of electricity produced from waste gases for own consumption from industrial production processes. Allowances which remain in the set -aside for new entrants in 2020 should be auctioned. The Commission should consult the sectors concerned when defining benchmarks.
Amendment 44 #
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 and/or international sectoral agreements 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 risk 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 allowances.
Amendment 46 #
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 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 other sectors were to be given free allocations, in order to avoid distortions of competition. Nevertheless electricity sector production should continue with serious internal emission reduction efforts. Any passing on of costs will have to be evaluated and analysed, in particular with regard to its contribution to inflationary pressures within the European Union, social and economic impacts on lower and middle income households, and their indirect impact in overall costs for energy users in economic sectors. Competition authorities should be particularly vigilant in combating abuses of market power through excessive and/or imbalanced energy price increases. The international competitive aspects of the expected price increase must also be taken into account.
Amendment 50 #
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 ("and sectoral benchmarks") in order to minimise distortions of competition with the Community. These rules and benchmarks should take account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables, cogeneration 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 with the exception of electricity produced from waste gases for own consumption from industrial production processes. Allowances which remain in the set aside for new entrants in 2020 should be auctioned.
Amendment 50 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should 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 which energy intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 Juneanuary 2010. Criteria for and the identification of such sectors and sub- sectors should be set, after consulting the social partners and affected stakeholders, in a proposal submitted to the European Parliament and the Council. That proposal should take into account the possible failure to reach an international agreement with mandatory reductions and possible alternatives to international agreements. 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. The Commission should monitor the potential competitiveness and employment effects for EU-based producers using such products as inputs in their production process. 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 54 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should 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 which energy intensive industry sectors or sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010anuary 2010. Criteria for and the identification of such sectors and sub- sectors should be set, after consulting the social partners and affected stakeholders, in a proposal submitted to the European Parliament and the Council. That proposal should take into account the possible failure to reach an international agreement with mandatory reductions and possible alternatives to international agreements. 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. The Commission should monitor the potential competitiveness and employment effects for EU-based producers using such products as inputs in their production process. 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 54 #
Proposal for a directive – amending act
Recital 21
Recital 21
(21) In order to ensure equal conditions of competition within the Community, the use of credits for emission reductions outside the Community to be used by operators within the Community scheme should be harmonised. The Kyoto Protocol to the UNFCCC sets out quantified emission targets for developed countries for the period 2008 to 2012, and provides for the creation of Certified Emission Reductions (CERs) and Emission Reduction Units (ERUs) from Clean Development Mechanism (CDM) and Joint Implementation projects respectively and their use by developed countries to meet part of these targets. While the Kyoto framework does not enable ERUs to be created from 2013 onwards without new quantified emission targets being in place for host countries, CDM credits can potentially continue to be generated. Additional use of Certified Emission Reductions (CERs) and Emission Reduction Units (ERUs) should be provided for once there is an international agreement on climate change, from countries which have concluded that agreement. In the absence of such agreement, providing for further use of CERs and ERUs would undermine this incentive and make it more difficult to achieve the objectives of the Community on increasing renewable energy use. The use of CERs and ERUs should be consistent with the goal set by the Community of generating 20% of energy from renewable sources by 2020, and promoting energy efficiency, innovation and technological development. Where it is consistent with achieving these goals, the possibility should be foreseen to conclude agreements with third countries to provide incentives for reductions in emissions in these countries which bring about real, additional reductions in greenhouse gas emissions while stimulating innovation by companies established within the Community and technological development in third countries. Such agreements may be ratified by more than one country. Upon the conclusion by the Community of a satisfactory international agreement, access to credits from projects in third countries should be increased simultaneously with the increase in the level of emission reductions to be achieved through the Community scheme. No credits should be available, however, in relation to CDM and Joint Implementation projects in sectors exposed to carbon leakage.
Amendment 56 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2003/87/EC
Article 3 – paragraph b – point h
Article 3 – paragraph b – point h
(h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit or an update of its greenhouse gas emission permit because of a significant change in the nature or functioning or a significant extension of the installation, subsequent to the submission to the Commission of the list referred to in Article 11(1);
Amendment 57 #
Proposal for a directive – amending act
Article 1 - point 2
Article 1 - point 2
Directive 2003/87/EC
Article 3 – paragraph c – point u a (new)
Article 3 – paragraph c – point u a (new)
(ua) Recycling operations as defined by Annex IIb of Directive 91/156/EEC are exempted from the definition of "combustion installation"
Amendment 59 #
Proposal for a directive – amending act
Article 1 – point 2 – subpoint b
Article 1 – point 2 – subpoint b
Directive 2003/87/EC
Article 3 – point h
Article 3 – point h
"(h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit or an update of its greenhouse gas emission permit because of a significant change in the nature or functioning or a significant extension of the installation, subsequent to the submission to the Commission of the list referred to in Article 11(1);"
Amendment 59 #
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 290% 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, shouldall be used for the following:
Amendment 62 #
Proposal for a directive – amending act
Article 1 - point 7
Article 1 - point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point g
Article 10 – paragraph 3 – point g
(g) to cover administrative expenses of the management of the Community schemeshall be covered by the 10% of the revenue not earmarked for other purposes.
Amendment 63 #
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 a (new)
Article 3 – point u a (new)
[(ua)] Recycling operations as defined by Annex IIb of Directive 91/156/EEC are exempted from the definition of 'combustion installation'.
Amendment 63 #
Proposal for a directive – amending act
Article 1 - point 7
Article 1 - point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point ga (new)
Article 10 – paragraph 3 – point ga (new)
(ga) to finance research and development in energy efficiency and clean technologies in the sectors covered by the scope of this directive
Amendment 64 #
Proposal for a directive – amending act
Article 1 - point 7
Article 1 - point 7
Directive 2003/87/EC
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall include information on the use of revenues for each of these purposes in their reports submitted under Decision No 280/2004/EC, with an emphasis on internal market, state aid and competition issues. The Commission shall report annually to the European Parliament on the use of revenue with an emphasis on internal market, State aid and competition issues.
Amendment 66 #
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. ByNo later than 31 December 20109, the Commission shall adopt a Regulation on timing, administration and other aspects of auctioningsubmit to the European Parliament and the Council an analytical report assessing the timing, administration and other aspects of auctioning, including, as appropriate, a proposal for a directive. That proposal shall aim to ensure that it isauctions are conducted in an open, transparent and non- discriminatory manner that minimises the scope for speculation. Auctions shall be designed to ensure that operators, and in particular any small and medium -sized 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)]. or the climate change objectives that justify their adoption. The proposal shall therefore be sufficiently detailed, in relation, inter alia, to the timing and frequency of auctioning across Member States, and adequately framed, addressing the probable impacts of auctioning, in particular in relation to: – speculative moves, – cross-border competition effects, – cross-sectoral effects, – the competitiveness of European business and industry, in particular small and medium-sized enterprises, – inflationary pressure, and – socio-economic effects. The practical functioning of auctioning is an essential component of the revised ETS proposal and shall therefore be subject to co-decision procedure.
Amendment 68 #
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, bBy 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 mannershall be adopted.
Amendment 69 #
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
Amendment 70 #
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 using sectoral benchmarks and taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass, cogeneration 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, with the exception of electricity produced from waste gases from industrial production processes, with the aim of using this electricity for the own consumption of the operator of these production processes, in which case allocation to this operator shall be made according to the sectoral benchmarks agreed upon of these production processes. The Commission shall ensure that no unnecessary costs are passed on to the end consumer.
Amendment 71 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 3 – point g a (new)
Article 10 – paragraph 3 – point g a (new)
(ga) to finance research and development in energy efficiency and clean technologies in the sectors covered by the scope of this directive.
Amendment 71 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 4
Article 10a – paragraph 1 – subparagraph 4
The Commission shall, upon the conclusion by the Community of an international agreement or of international sectoral agreements 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. The Commission's mandate for negotiating international agreements shall be based on detailed impact assessments of potential consequences for EU-based companies and in accordance with criteria stipulated in Annex Ia new.
Amendment 73 #
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 with the exception of electricity produced from waste gases from industrial production processes, with the aim of using this electricity for the own consumption of the operator of these production processes, in which case allocation to this operator shall be made according to the sectoral benchmarks agreed upon of these production processes.
Amendment 74 #
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. 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 2013 shall be 80% of the quantity determined in accordance with the measures referred to in paragraph 1, taking into account, if appropriate, the outcome of international negotiations, and thereafter the free allocation shall decrease each year by equal amounts resulting in no free allocation in 2020.
Amendment 77 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 3 and 3 a (new)
Article 10a – paragraph 1 – subparagraph 3 and 3 a (new)
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 using sectoral benchmarks and taking account of the most efficient techniques, substitutes, alternative production processes, use of biomass, cogeneration 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, with the exception of electricity produced from waste gases from industrial production processes, with the aim of using this electricity for the own consumption of the operator of these production processes, in which case allocation to this operator shall be made according to the sectoral benchmarks agreed upon of these production processes. The Commission shall ensure that no unnecessary costs are passed on to the end consumer.
Amendment 79 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 4 and 4 a (new)
Article 10a – paragraph 1 – subparagraph 4 and 4 a (new)
The Commission shall, upon the conclusion by the Community of an international agreement or of international sectoral agreements 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. The Commission's mandate for negotiating international agreements shall be based on detailed impact assessments of potential consequences for EU-based companies and in accordance with criteria stipulated in Annex Ia.
Amendment 79 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
Article 10a – paragraph 9 – subparagraph 1
At the latest by 30 Juneanuary 2010 and every 34 years thereafter the Commission shall determine the sectors referred to in paragraph 8.
Amendment 80 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 2
Article 10a – paragraph 9 – subparagraph 2
Amendment 81 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 2a (new)
Article 10a – paragraph 9 – subparagraph 2a (new)
Each year, on the basis of new market information, any sector not included in Annex 1 shall be able to request the Commission to reassess its vulnerability to carbon leakage.
Amendment 82 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 3
Article 10a – paragraph 9 – subparagraph 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 inthrough product prices without significant loss of market share to less carbon efficient installations outside the Communityits competitive international position, taking into account the following:
Amendment 83 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 3 – point c
Article 10a – paragraph 9 – subparagraph 3 – point c
(c) the present and projected market structure, relevant geographic and product market, employment and economic relevance, the exposure of the sectors to international competition, taking into account transport costs;
Amendment 84 #
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. with the exception of electricity produced from waste gases from industrial production processes, with the aim of using this electricity for the own consumption of the operator of these production processes, in which case allocation to this operator shall be made according to the sectoral benchmarks agreed upon of these production processes.
Amendment 84 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 3 – point da (new)
Article 10a – paragraph 9 – subparagraph 3 – point da (new)
(da) direct and indirect impacts of the forecasted increase in energy prices as well as certain raw materials due to climate policy;
Amendment 85 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 3 – point db (new)
Article 10a – paragraph 9 – subparagraph 3 – point db (new)
(db) collateral social effects of passing costs on to the end consumer.
Amendment 86 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 4
Article 10a – paragraph 9 – subparagraph 4
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 installationsectors concerned may inter alia be used.
Amendment 88 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
Not later than Juneanuary 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 that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:is agreement complies with criteria in Annex 1a (new), submit to the European Parliament and to the Council a proposal for the sectors or sub- sectors to be considered at risk of carbon leakage. The sectors or sub-sectors considered at risk of carbon leakage shall be identified in consultation with the social partners, affected stakeholders and the European Parliament and shall take into account the potential failure to reach an international agreement with mandatory reductions.
Amendment 89 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
Amendment 90 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
Article 10a – paragraph 9 – subparagraph 1
9. At the latest by 30 Juneanuary 2010 and every 34 years thereafter the Commission shall determine the sectors referred to in paragraph 8.
Amendment 90 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
An installation which ceases to operate shall receive no further free allowances. and shall surrender any remaining allowances, or an equivalent amount, to the competent authorities. The Commission shall ensure national implementation and that the State aid and competition rules are applied vigorously, in particular to prevent abuses of dominant positions. To this end, the Commission shall, every three months, publish the end consumer price of energy products disaggregated by company, sector and Member State. The Emission Trading Scheme component of the end consumer price shall be separated out in the Commission's publication of prices.
Amendment 91 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 2 a (new)
Article 10a – paragraph 9 – subparagraph 2 a (new)
Each year, on the basis of new market information, any sector not included in annex I shall be able to request the Commission to reassess its vulnerability to carbon leakage.
Amendment 91 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a – paragraph 1
Article 11a – paragraph 1
1. Until a future international agreement on climate change or any international sectoral agreement has entered into force, and in advance of the application of paragraphs 3 and 4 of Article 28, paragraphs 2 to 7 of this Article shall apply. CDM and JI credits from projects in sectors exposed to carbon leakage shall, however, be excluded from such application.
Amendment 92 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 3 – introductory part
Article 10a – paragraph 9 – subparagraph 3 – introductory part
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 inthrough product prices without significant loss of market share to less carbon efficient installations outside the Communityits competitive international position, taking into account the following:
Amendment 93 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 3 – point c
Article 10a – paragraph 9 – subparagraph 3 – point c
(c) the present and projected market structure, relevant geographic and product market, employment and economic relevance, the exposure of the sectors to international competition, taking into account transport costs;
Amendment 95 #
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 Juneanuary 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 that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:is agreement complies with criteria in Annex Ia, submit to the European Parliament and to the Council a proposal for the sectors or sub- sectors to be considered at risk of carbon leakage. The sectors or sub-sectors considered at risk of carbon leakage shall be identified in consultation with the social partners, affected stakeholders, the European Parliament and the Council and shall take into account the potential failure to reach an international agreement with mandatory reductions.
Amendment 97 #
Proposal for a directive – amending act
Article 1 - point 9
Article 1 - point 9
Directive 2003/87/EC
Article 11a – paragraph 7
Article 11a – paragraph 7
7. Once an international agreement or international sectoral agreements on climate change hasve been reached, only CERs from third countries which have ratified that agreement shall be accepted in the Community scheme.
Amendment 98 #
Proposal for a directive – amending act
Article 1 - point 10
Article 1 - point 10
Directive 2003/87/EC
Article 11b
Article 11b
The Community and its Member States shall only authorise project activities where all project participants have headquarters either in a country that has concluded the international agreement relating to such projects or in a country or sub-federal or regional entity which is linked to the Community scheme pursuant to Article 25. CDM and JI credits from projects in sectors exposed to carbon leakage shall be excluded.
Amendment 99 #
Proposal for a directive – amending act
Article 1 - point 12
Article 1 - point 12
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
1. The Commission shall, no later than 31 December 2011, adopt a Regulation 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.
Amendment 100 #
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
2. The Rregulation mayshall take into account the most accurate and up-to-date scientific evidence available, in particular from the IPCC, and mayshall also specify requirements for operators to report on emissions associated with the production of goods produced by energy intensive industries which may be subject to international competition, and for this information to be verified independently. Those requirements maye regulation shall also specify reporting requirements for financial institutions involved in emissions trading. Those requirements shall include reporting on levels of emissions from electricity generation covered by the Community scheme associated with the production of such goods.
Amendment 101 #
Proposal for a directive – amending act
Article 1 - point 13
Article 1 - point 13
Directive 2003/87/EC
Article 15 – point b – subparagraph 1
Article 15 – point b – subparagraph 1
The Commission shall, no later than 30 June 2010, adopt a Regulation 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 102 #
Proposal for a directive – amending act
Article 1 - point 19
Article 1 - point 19
Directive 2003/87/EC
Article 24a – paragraph 1 – subparagraph 1
Article 24a – paragraph 1 – subparagraph 1
1. In addition to the inclusions provided for in Article 24, the Commission may adopt implementing measures for issuing allowances in respect of projects administered by Member States that reduce greenhouse gas emissions outside of the Community scheme. The Commission shall exclude CDM and Joint Implementation credits from projects in sectors exposed to carbon leakage.
Amendment 103 #
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 250MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding inevitable carbon dioxide emissions from raw materials and 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 inevitable carbon dioxide emissions from raw materials and 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 inevitable carbon dioxide from raw materials and 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 103 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 27
Article 27
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 250MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding inevitable carbon dioxide emissions from raw materials and 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 inevitable carbon dioxide emissions from raw materials and 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 inevitable carbon dioxide from raw materials and 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 104 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28 – title
Article 28 – title
Adjustments applicable upon the conclusion of a future international agreement or of international sectoral agreements on climate change
Amendment 105 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Upon the conclusion by the Community of an international agreement or of international sectoral agreements on climate change leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council, paragraphs 2, 3 and 4 shall apply.
Amendment 106 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
2. From the year following the conclusion of the international agreement or of international sectoral agreements referred to in paragraph 1, the linear factor shall increase so that the Community quantity of allowances in 2020 is lower than that established pursuant to Article 9, by a quantity of allowances equivalent to the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9a.
Amendment 107 #
Proposal for a directive – amending act
Annex I a (new)
Annex I a (new)
Annex Ia Minimum requirements for an International Agreement An international agreement including energy-intensive industries exposed to a significant risk of carbon leakage, or a sectoral international agreement on such industries, must comply with at least the following criteria in order to provide a level playing field for such industries: (i) the participation of countries representing a critical mass of at least 85% of production, (ii) equivalent CO2 emission targets, (iii) similar emission reductions systems with equivalent effect imposed by all participating countries or from countries with non-equivalent CO2 emission targets in sectors covered by the EU emissions trading system, (iv) competing materials must be subject to equivalent restrictions taking into account life cycles, (v) an effective international monitoring and verification system.
Amendment 107 #
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 use CERs, ERUs or other credits, excluding CDM and JI credits from sectors exposed to carbon leakage, 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.
Amendment 109 #
Proposal for a directive – amending act
Article 1 a (new)
Article 1 a (new)
The Commission shall present an annual report to the European Parliament and the Council on the establishment and functioning of the revised Emissions Trading Scheme. The first such report shall be presented one year after the adoption of this Directive.
Amendment 111 #
Proposal for a directive – amending act
Annex Ia (new)
Annex Ia (new)