23 Amendments of Patrizia TOIA related to 2021/0211(COD)
Amendment 55 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The Commission, the Council and the European Parliament should work with third countries in order to facilitate acceptance of the provisions of Directive 2003/87/EC as regards maritime transport activities and to strengthen international cooperation in this area. International cooperation should be strengthened through bilateral agreements on market- based measures to reduce greenhouse gas emissions from maritime transport to cover the share of emissions that are not included in the EU ETS, so that one hundred percent (100%) of the emissions from ships performing voyages between Union and third country ports are covered by such measures. At the same time, the Commission, the Council and the European Parliament should work to strengthen global measures through the IMO.
Amendment 82 #
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. Sufficient safeguards should nevertheless be provided for the products intended for exports and their producers. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM, taking into account the need to maintain free allowances for the products that are exported to the third countries not having carbon-pricing mechanisms similar to the ETS or similar or equivalent to EU ETS . The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low and zero carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change and respecting the rules set in State Aid Guidelines. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non- CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 101 #
Proposal for a directive
Recital 32
Recital 32
(32) A comprehensive approach to innovation is essential for achieving the European Green Deal objectives. At EU level, the necessary research and innovation efforts are supported, among others, through Horizon Europe, which include significant funding and new instruments for the sectors coming under the ETS. Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral. Consequently, the ETS Innovation Fund should seek synergies with Horizon Europe and, where relevant, with other Union funding programmes. The ETS Innovation Fund should boost growth and competitiveness by empowering EU businesses, in particular SMEs to become global technology leaders. The Fund should also support cross-cutting projects on innovative zero- carbon solutions to take off and reach the market, with the aim of leading to climate neutrality in various sectors, for example through new industrial ecosystems, promoting business model profitable for innovation. Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral. In order to maximise the benefits of the Fund, public and private sectors should contribute through increased investments and knowledge sharing.
Amendment 122 #
Proposal for a directive
Recital 38
Recital 38
(38) The scope of the Modernisation Fund should be aligned with the most recent climate objectives of the Union by requiring that investments are consistent with the objectives of the European Green Deal and Regulation (EU) 2021/1119, and eliminating the support to any investments related to fossil fuels. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 95%; energy efficiency should be targeted as a priority area at the demand side; and support ofthe Fund should also support a fair and Just Transition of workforce, through re-skilling and up- skilling and households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
Amendment 154 #
Proposal for a directive
Recital 54
Recital 54
(54) Innovation and development as well as pilot, demonstration and up- scaling of new low-carbon technologies in the sectors of buildings and road transport are crucial for ensuring the cost-efficient contribution of these sectors to the expected emission reductions. Therefore, 150 million allowances from emissions trading in the buildings and road transport sectors should also be made available to the Innovation Fund to stimulate the cost-efficient emission reductions.
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
2 % of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency , reduce greenhouse gas emission sand modernise the energy systems of certain Member States (‘the beneficiary Member States’) as set out in Article 10d (‘the Modernisation Fund’). The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 60 % of the Union average in 2013. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part A of Annex IIb.
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a a (new)
Article 1 – paragraph 1 – point 11 – point a a (new)
Directive 2003/87/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
(aa) paragraph 1 is replaced by the following: 1. From 2019 onwards, Member States shall auction only between operators who operates or controls an installation all allowances that are not allocated free of charge in accordance with Articles 10a and 10c of this Directive and that are not placed in the market stability reserve established by Decision (EU) 2015/1814 of the European Parliament and of the Council (1) (the ‘market stability reserve’) or cancelled in accordance with Article 12(4) of this Directive.
Amendment 236 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d a (new)
Article 1 – paragraph 1 – point 11 – point d a (new)
(da) paragraph 5 is replaced by the following: The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market and on other relevant climate and energy policies, including the operation of the auctions, the role and impact of non- compliance operators such as financial investors in the market, liquidity and the volumes traded, and summarising the information provided by Member States on the financial measures referred to in Article 10a(6). If necessary, Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10 a – paragraph 1 – subparagraph 2 b
Article 10 a – paragraph 1 – subparagraph 2 b
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 1
Article 10 a – paragraph 1 a – subparagraph 1
1a. No fFree allocation shall continue to be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of applicationuntil at least 2030 at full benchmark levels and until the Commission assesses the efficacity of the Carbon Border Adjustment Mechanism against carbon leakage.
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 3
Article 10 a – paragraph 1 a – subparagraph 3
The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I of Regulation [CBAM] compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11, paragraph 1. The CBAM factor shall be applied. In order to ensure a level playing field, the first subparagraph is not applied to part of the EU production destined to the export to third countries without ETS or similar regulation. After two years CBAM entering into force the Commission will provide a detailed impact assessment of effects to the EU exports of CBAM sectors and development of global emissions. The commission shall consider an export adjustment mechanism that equalize the costs of CO2 with different pricing schemes of the third countries. All measures taken shall comply the WTO rules.
Amendment 308 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10 a – paragraph 6 – subparagraph 1
Article 10 a – paragraph 6 – subparagraph 1
“Member States shouldall adopt financial measures in accordance with the second and fourth subparagraphs in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such. The financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market. The financial measures adopted shouldopted should be harmonised at EU level and not compensate indirect costs covered by free allocation in accordance with the benchmarks established pursuant to paragraph 1. Where a Member State spends an amount higher than the equivalent of 25 % of their auction revenues of the year in which the indirect costs were incurred, it shall set out the reasons for exceeding that amount.”
Amendment 341 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 7
Article 10 a – paragraph 1 a – subparagraph 7
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the Innovation Fund, including the selection procedure and criteria, including the participation of SMEs, and the eligible sectors and technological requirements for the different types of support. In order to ensure a fair and just transition, the selection criteria shall take into consideration environmental and social safeguards, as a tool for the progressive integration of sustainable development for reaching the 2050 climate objectives.
Amendment 352 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10 d – paragraph 1 – subparagraph 1
Article 10 d – paragraph 1 – subparagraph 1
1. A fund to support investments proposed by the beneficiary Member States, including the financing of small- scale investment projects planned participating the social partners ensuring a just transition of workers, including in regions and municipalities and local communities, to modernise energy systems and improve energy efficiency and reduce greenhouse gas emissions shall be established for the period from 2021 to 2030 (the ‘Modernisation Fund’). The Modernisation Fund shall be financed through the auctioning of allowances as set out in Article 10, for the beneficiary Member States set out therein.
Amendment 362 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – introductory part
Article 10 d – paragraph 2 – introductory part
2. At least 8095 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 372 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point e
Article 10 d – paragraph 2 – point e
(e) the support of low-income households, including in rural and remote areas, to address energy poverty and, to modernise their heating systems and to make the construction ecosystem more sustainable; and
Amendment 393 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
Article 12 – paragraph 3 b – subparagraph 1
Article 12 – paragraph 3 b – subparagraph 1
3b. An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and in respect of greenhouse gases that are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin.
Amendment 401 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 72 – paragraph 1
Article 72 – paragraph 1
(19a) Article 27 is amended as follows: (a) paragraph 1 is replaced by the following: 1. Following consultation with the operator, Member States may exclude from the EU ETS installations which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), 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 applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States may allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the EU ETS; (d) it publishes the information referred to in points (a), (b) and (c) for public comment. Hospitals may also be excluded if they undertake equivalent measures.
Amendment 408 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(19b) Article 27 is amended as follows: (a) a new paragraph 1, subparagraph 1 is added: Member States may also exclude from the EU ETS installations which have reported to the competent authority emissions of above 25 000 tonnes but below 50 000 tonnes of carbon dioxide equivalent, complying all other conditions, on the basis of a qualitative assessment of competitiveness, in case other installations in that same sector in a given Member State are already within the scope of the "opt out" measures. (This amendment is intended as alternative or compromise solution to the one tabled by the same MEPs to article 27, paragraph 1.)
Amendment 409 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 c (new)
Article 1 – paragraph 1 – point 19 c (new)
(19c) Article 29 is replaced by the following: Article 29 If, on the basis of the regular reports on the carbon market referred to in Article 10(5), the Commission has evidence that the carbon market is not functioning properly for instance due to the role of noncompliance operators such as financial investors, it shall submit a report to the European Parliament and to the Council. The report may be accompanied, if appropriate, by proposals aiming at increasing transparency of the carbon market and addressing measures to improve its functioning and to tackle the role and impact of financial speculation.
Amendment 433 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
Article 1 – paragraph 5 a
5a. Unless otherwise decided in the first review carried out in accordance with Article 3, from 2023 allowances held in the reserve above 4700 million allowances shall no longer be valid.
Amendment 448 #
Proposal for a directive
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
Directive 2003/87/EC
Annex I – point 1
Annex I – point 1
1. Installations or parts of installations used for research, development and testing of new products and processes, and installations where emissions from the combustion of biomass that complies with the criteria set out pursuant to Article 14 contribute to more than 95 % of the total greenhouse gas emissionexclusively using biomass are not covered by this Directive.