12 Amendments of Pilar DEL CASTILLO VERA related to 2008/0013(COD)
Amendment 45 #
Proposal for a directive – amending act
Recital 2
Recital 2
(2) The ultimate objective of the United Nations Framework Convention on Climate Change, which was approved on behalf of the European Community by Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change (UNFCCC), is to stabilise greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. In order to meet that objective, the overall global annual mean surface temperature increase should not exceed 2°C above pre-industrial levels. The latest Intergovernmental Panel on Climate Change Assessment (IPCC) report shows that, in order to reach that objective, global emissions of greenhouse gases must peak by 2020. This implies the increasing of efforts by the Community and the quick involvement of developed countries and encouraging the participation of developing countries in the emission reduction process.
Amendment 53 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) In order to enhance the certainty and predictability of the Community scheme, provisions should be specified to increase the level of contribution of the Community scheme to achieving an overall reduction of more than 20%, in particular in view of the objective of the European Council for a 30% reduction by 2020 that is considered scientifically necessary to avoid dangerous climate changeonsequences of climate change, provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries contribute in proportion with their responsibilities and respective capabilities. A fair burden sharing between the Community scheme and other sectors of the economy, based on scientific evidence, should be ensured.
Amendment 93 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) TransitionalIn absence of an international agreement which provides for equal treatment of the sectors affected, free allocation to installations should be provided for through harmonised Community-wide rules ("benchmarks") in order to minimise distortions of competition with the Community. TheWithout prejudice to sector-specific criteria those rules should take account of the most greenhouse gas and energy efficient techniques, substitutes, generally applicable alternative production processes, use of biomass, renewables and greenhouse gas capture and storagethe potential including the technical potential to reduce emissions. Any such rules should not give incentives to indecrease emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading periospecific emissions. Allocations based on benchmarks must be fixed 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 set-aside for new entrants in 2020 should be auctioned. In defining the principles for setting benchmarks in individual sectors, the Commission should consult 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 226 #
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 operator; both of which shall be allocated 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 251 #
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 252 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraphs 4 and 5
Article 10a – paragraphs 4 and 5
Amendment 274 #
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 operator; both of which shall be allocated under the same allocation principles as applied to that industrial activity as mentioned in Annex 1. 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 this installation.
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 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 subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. (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 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 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.