29 Amendments of Robert HAJŠEL related to 2021/0211(COD)
Amendment 131 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the EU by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differentlyall genders and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.
Amendment 132 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The EU ETS is a cornerstone of the Union’s climate policy and constitutes its key tool for reducing greenhouse gas emissions in a cost-effective way. In line with the commitments made in COP26 in Glasgow to review the nationally determined contributions (NDCs) on an annual basis, the Commission should revise its NDC to account for all the sectors included in this revision.
Amendment 136 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Delivering on the European Green Deal should ensure quality job creation and social progress for all. To be socially acceptable, the climate ambition proposed in this Directive should be matched by an equivalent social ambition, in line with the European Pillar of Social Rights. The European Green Deal agenda is an opportunity to maintain and create quality jobs, promote decent work, raise labour standards, strengthen social dialogue and collective bargaining, tackle discriminations at work, promote gender equality, and workplace democracy. In order to achieve these objectives, just transition mechanisms should complement all proposed actions in the framework of the Green Deal and the “Fit for 55” package.
Amendment 155 #
Proposal for a directive
Recital 8
Recital 8
(8) The EU ETS should incentivise production from installations that partly or fully reduce greenhouse gas emissions. Therefore, the description of some categories of activities in Annex I to Directive 2003/87/EC should be amended to ensure an equal treatment of installations in the sectors concerned. In addition, free allocation for the production of a product should be independent of the nature of the production process. It is therefore necessary to modify the definition of the products and of the processes and emissions covered for some benchmarks to ensure a level playing field for new and existing technologies and products and circular economy measures. It is also necessary to decouple the update of the benchmark values for refineries and for hydrogen to reflect the increasing importance of production of, in particular, green hydrogen outside the refineries sector.
Amendment 182 #
Proposal for a directive
Recital 13
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should be considered emissions under the EU ETS and allowances should be surrendered for those emissions unless they are stored in a storage site in accordance with Directive 2009/31/EC of the European Parliament and of the Council46 , or they are permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal. The Commission should be empowered to adopt implementing acts specifying the conditions where greenhouse gases are to be considered as permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal, including obtaining a carbon removal certificate, where appropriate, in view of regulatory developments with regard to the certification of carbon removals. _________________ 46Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 188 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The inclusion of municipal waste incineration installations in the EU ETS would contribute to the circular economy by encouraging recycling, reuse and repair of products, while also contributing to economy-wide decarbonisation. Accordingly, municipal waste incineration installations should be included within the scope of Directive 2003/87/EC from 1 January 2024.
Amendment 204 #
Proposal for a directive
Recital 17
Recital 17
(17) Greenhouse gas emissions from the maritime sector account for around 2,5 % of Union emissions. The lack of decisive action within the IMO framework has delayed innovation and introduction of necessary measures to reduce emissions in the sector. In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes its fair share to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share100 % of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include halfl of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, halfl of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026,As the maritime transport sector has been exempted from carbon pricing measures, and this despite industrial installations having been a part of the EU ETS for a long time, the surrendering of allowances by shipping companies should be implemented fully in 2023 and shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. _________________ 49 Paris Agreement, Article 4(4).
Amendment 220 #
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the Commission should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 - to the European Parliament and to the Council on progress in the IMO negotiations concerning a global market- based measure. In its report, the Commission should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those instruments in Union law through a revision of Directive 2003/87/EC. That report should also take into account the level of participation in those global measures, their enforceability, transparency, penalties for non-compliance, the processes for public input, the use of offset credits, monitoring, reporting and verification of emissions, registries and accountability. In its report, the Commission should include proposals as appropriate.
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 227 #
Proposal for a directive
Recital 20
Recital 20
(20) The person or organisation responsible for the compliance with the EU ETS should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757, and in line with the global data collection system established in 2016 by the IMO. In line with the polluter pays principle, the shipping company cshould, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting the CO2greenhouse gas emissions of the ship accountable for the compliance costs under this Directive. This entity would normally be the entity that is responsible for the choice of fuel, route and speed of the ship.
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 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Amendment 354 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels, such as hydrogen and ammonia that are produced from renewables, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovatioa new 'Ocean Fund' as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and lowzero carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime] while also supporting a just transition and safeguarding biodiversity. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. from the allowances that could otherwise be allocated for free. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 360 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33a) At least 25 % of allowances from the quantity which could otherwise be auctioned should go to finance the Social Climate Fund.
Amendment 364 #
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important element to trigger emission reductions in industry, offering the opportunity to guarantee investors in innovative climate-friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to projects through price- competitive tendering, such as CCDs. CCDs would offer certainty to investors in technologies, such as carbon capture technologies, and optimise the use of available resources. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support.
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 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 615 #
Proposal for a directive
Recital 62
Recital 62
(62) Considering the need to deliver a stronger investment signal to reduce emissions in a cost-efficient manner and with a view to strengthening the EU ETS, Decision (EU) 2015/1814 should be amended so as to increase the percentage rate for determining the number of allowances to be placed each year in the Market Stability Reserve. In addition, for lower levels of the TNAC, the intake should be equal to the difference between the TNAC and the threshold that determines the intake of allowances. This would prevent the considerable uncertainty in the auction volumes that results when the TNAC is close to the threshold, and at the same time ensure that the surplus reaches the volume bandwidth within which the carbon market is deemed to operate in a balanced manner. Such adjustment should be made without resulting in any reduced ambition compared to the current Market Stability Reserve.
Amendment 635 #
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2greenhouse gas emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 754 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd a (new)
Article 3gd a (new)
Amendment 764 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd b (new)
Article 3gd b (new)
Article 3gdb Contractual arrangements 1. Where the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual arrangement, by an entity other than the shipping company, Member States shall ensure that that entity is responsible, under the contractual arrangement, for covering the costs arising from the implementation of this Directive. 2. For the purposes of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of, the ship. 3. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs referred to in paragraph 1 of this Article in accordance with Article 16.
Amendment 853 #
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget in order to support the Social Climate Fund under Regulation (EU) .../... [Social Climate Fund Regulation]. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following:;
Amendment 877 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point h
Article 10 – paragraph 3 – subparagraph 1 – point h
(h) measures intended to improve energy efficiency, district heating systems and insulation, efficient and renewable heating and cooling systems, or to provide financial support in order to address social aspects in lower- and middle-income households, including by reducing distortive taxes;, provided such reduction is carried out in a progressive manner;
Amendment 1216 #
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 10a – paragraph 8 – subparagraph 7
Article 10a – paragraph 8 – 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, and the eligible sectors and technological requirements for the different types of support taking into account the social dimension of projects to ensure that the Innovation Fund contributes to a Just Transition for workers and communities impacted The range of measures that the Innovation Fund supports shall be extended to cover support to projects through price-competitive tendering, such as Carbon Contracts for Difference (CCDs). In implementing the Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Innovation Fund in the event of failure to respect the rule of law in the Member States. To this effect, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used.
Amendment 1220 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g a (new)
Article 1 – paragraph 1 – point 12 – point g a (new)
Directive 2003/87/EC
Article 10a – paragraph 9 a (new)
Article 10a – paragraph 9 a (new)
(ga) the following paragraph is inserted: “9a. At least 25 % of the allowances from the quantity which could otherwise be auctioned pursuant to Article 10, shall be auctioned and the revenues generated therefrom shall be allocated to the [Social Climate Fund Regulation].”
Amendment 1342 #
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
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 disposal.
Amendment 1346 #
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 2
Article 12 – paragraph 3 b – subparagraph 2
The Commission shall adopt implementing acts concerning the requirements to consider that greenhouse gases have become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal.
Amendment 1663 #
Proposal for a directive
Annex I – paragraph 1 – point c – point vii
Annex I – paragraph 1 – point c – point vii
Directive 2003/87/EU
Annex I – table – last row– column 1
Annex I – table – last row– column 1
Maritime transport Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or, cargo for commercial purposes. or performing service activities for offshore installations