36 Amendments of Robert HAJŠEL related to 2021/0214(COD)
Amendment 75 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) Tackling climate change and keeping global warming below 1.5°C requires global action. The Union must not only lead by example, by eliminating its own emissions, including those embedded in the products it imports, but also cooperate with its partners, in accordance with WTO rules, to create an open, multilateral and cooperative global system, acting as a key enabler of the green transition.
Amendment 80 #
Proposal for a regulation
Recital 8
Recital 8
(8) As long as a significant number of the Union’s international partners have policy approaches that do not result in the same level of climate ambition, there is a risk of carbon leakage. An effective CBAM implementation should ensure the creation of a level playing field while encouraging trade partners to decarbonize. Carbon leakage occurs if, for reasons of costs related to climate policies, businesses in certain industry sectors or subsectors were to transfer production to other countries or imports from those countries would replace equivalent but less GHG emissions intensive products. That could lead to an increase in their total emissions globally, thus jeopardising the reduction of GHG emissions that is urgently needed if the world is to keep the global average temperature to well below 2 °C above pre- industrial levels.
Amendment 97 #
Proposal for a regulation
Recital 9
Recital 9
(9) The initiative for a carbon border adjustment mechanism (‘CBAM’) is a part of the ‘Fit for 55 Package’. That mechanism is to serve as an essential element of the EU toolbox to meet the objective of a climate-neutral Union by 2050 in line with the Paris Agreement by addressing risks of carbon leakage resulting from the increased Union climate ambition and ensuring a level playing field to preserve the competitiveness of EU industries.
Amendment 101 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) Innovation will be crucial to boost growth and competitiveness by empowering EU businesses, in particular SMEs to become global leaders in developing new and clean technology and to achieve the European Green Deal objectives. The Commission and the Member States should channelled incentives and policies for innovation, through a robust Innovation Fund to promote zero-carbon industrial processes.
Amendment 125 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks to replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. The CBAM should ensure an integrated approach between imports dynamics, the internal market development and the exports. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 127 #
Proposal for a regulation
Recital 11
Recital 11
(11) The CBAM seeks tohould complement and progressively replace these existing mechanisms by addressing the risk of carbon leakage in a different way, namely by ensuring equivalent carbon pricing for imports and domestic products. To ensure a gradual transition from the current system of free allowances to the CBAM, the CBAM should be progressively phased in while free allowances in sectors covered by the CBAM are phased out once CBAM has been proven to be effective. The combined and transitional application of EU ETS allowances allocated free of charge and of the CBAM should in no case result in more favourable treatment for Union goods compared to goods imported into the customs territory of the Union.
Amendment 147 #
Proposal for a regulation
Recital 13
Recital 13
(13) As an instrument to prevent carbon leakage and reduce GHG emissions the CBAM should ensure that imported products are subject to a regulatory system that applies carbon costs equivalent to the ones that otherwise would have been borne under the EU ETS. The CBAM is a climate measure which should prevent the risk of carbon leakage and support the Union’s increased ambition o, resulting in a carbon cost equalization between national products and imported. The CBAM is a climate measure which should support increased ambition on the reduction of emissions in the Union in line with the European Green Deal and the European cClimate mitigationLaw and it should prevent the risk of carbon leakage, while ensuring WTO compatibility.
Amendment 199 #
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort. Particular attention should also be paid to the risk of market distortions between the different sectors covered by the CBAM.
Amendment 227 #
Proposal for a regulation
Recital 42
Recital 42
(42) The system should allow operators of production installations in third countries to register in a central database and to make their verified embedded GHG emissions from production of goods available to authorised declarants. An operator should be able to choose not to haveensure transparency in the access of information, namely indicating its name, address and contact details in the central database made accessible to the public.
Amendment 256 #
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) The full effectiveness of the CBAM in tackling the carbon leakage risk both on the EU market and on export markets should be assessed and positively verified through a strong monitoring of the impacts on EU businesses, with a view to modify the present legislation, if necessary.
Amendment 262 #
Proposal for a regulation
Recital 51
Recital 51
(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should ensure interoperability between the national and central databases. The Commission should also provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations. The Commission should assist enterprises, especially SMEs, in adapting to this Regulation and establish an expert group to share information and best practices with the competent authorities.
Amendment 269 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation before the end of the transitional period and report to the European Parliament and the Council. The report of the Commission should in particular focus on the impact on competitiveness of EU downstream industry and its synchronisation with the technological perspectives and maturities, concerning namely the new clean energy alternatives such as the availability of cost-competitive green hydrogen. The report should also evaluate the possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 271 #
Proposal for a regulation
Recital 52
Recital 52
(52) The Commission should evaluate the application of this Regulation two years before the end of the transitional periodstart of removal of free allowances in the ETS and report to the European Parliament and the Council. The report of the Commission should in particular focus on the impact on competitiveness of the EU downstream industry and on possibilities to enhance climate actions towards the objective of a climate neutral Union by 2050. The Commission should, as part of that evaluation, initiate collection of information necessary to possibly extend the scope to indirect emissions, sectors and goods other than those listed in Annex I, such as downstream products using or containing goods listed in Annex I, as well as to other goods and services at risk of carbon leakage, and to develop methods of calculating embedded emissions based on the environmental footprint methods47 . __________________ 47Commission Recommendation 2013/179/EU of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
Amendment 278 #
Proposal for a regulation
Recital 52 a (new)
Recital 52 a (new)
(52 a) At the end of the first year after the transition period of this Regulation, the Commission should present a report, with the possibility of being accompanied by a legislative proposal, and in accordance with WTO rules, to ensure the competitiveness of the products that are exported outside the EU.
Amendment 289 #
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55 a) To support least developed countries' efforts towards the decarbonisation of their manufacturing industries, financial support should be provided, including through reinforcing climate spending in the Union budget’s Instrument for Pre-Accession Assistance III established by Regulation (EU) 2021/1529 of the European Parliament and of the Council and the relevant geographic and thematic programmes of the Neighbourhood, Development and International Cooperation Instrument established by Regulation(EU) 2021/947 of the European Parliament and of the Council.
Amendment 292 #
Proposal for a regulation
Recital 55 b (new)
Recital 55 b (new)
(55 b) The implementation of CBAM will be key for achieving the climate targets of the Paris Agreement. In this context the Green Climate Fund (GCF) will also contribute to support developing countries raise and realize their Nationally Determined Contributions (NDC) ambitions towards low-emissions, climate- resilient pathways.
Amendment 301 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to ensure a level playing field to preserve the competitiveness of EU industries, and thus to prevent the risk of carbon leakage.
Amendment 315 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The mechanism will complement and progressively become an alternative to the mechanisms established under Directive 2003/87/EC to prevent the risk of carbon leakage, notably the allocation of allowances free of charge in accordance with Article 10a of that Directive, once it has proven to be effective against carbon leakage.
Amendment 358 #
Proposal for a regulation
Article 2 – paragraph 12 a (new)
Article 2 – paragraph 12 a (new)
12a. The Union may pursue complementary approaches to CBAM through cooperation and dialogue with third countries, with a view to conclude agreements on open, multilateral and cooperative approaches to tackle carbon leakage and achieve the deep decarbonisation of energy intensive industries, including through non-pricing policies. The introduction of CBAM and the proposal to increase cooperation and dialogue with third countries may actively contribute to tackle climate challenges at international level.
Amendment 420 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarant shall keep records of the documentation, certified by an independent person, verifier accredited pursuant article 18 of this Regulation. The accreditation will be required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
Amendment 461 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
The Commission shall assist the competent authorities, establishing clear and simplified rules and procedures, in carrying out their obligations under this Regulation and coordinate their activities.
Amendment 463 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The Commission shall provide enterprises, especially SMEs, with technical advice and assistance in order to facilitate their adaptation to the obligations laid down in this Regulation.
Amendment 464 #
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
The Commission shall set up an expert group representing the competent authorities in order to exchange information and best practices on the application of this Regulation.
Amendment 466 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
All information acquired by the central and national competent authorityies in the course of performing its duty which is by its nature confidential or which is provided on a confidential basis shall be covered by an obligation of professional secrecy. Such information shall not be disclosed by the competent authority without the express permission of the person or authority that provided it. It may be shared with customs authorities, the Commission and the European Public Prosecutors Office and shall be treated in accordance with Council Regulation (EC) No 515/97.
Amendment 472 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The competent authority of each Member State shall establish a national registry of declarants authorised in that Member State in the form of a standardised electronic database in such a way to guarantee the interoperability with the central database referred to in paragraph 2. The national register shall containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.
Amendment 482 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialmade available to the public, unless it is proven that it is business confidential according to the relevant EU legislation.
Amendment 485 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.
Amendment 512 #
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(b a) the declarant has repeatedly failed to comply CBAM's obligations under article 26 and was not involved in practices of circumvention under Article 27.
Amendment 567 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Any revenues remaining after covering the costs of the operation shall be used to support research and innovation in carbon-reducing technologies and other types of zero carbon industrial innovation as well as to spur decarbonisation effort in CBAM sectors.
Amendment 591 #
Proposal for a regulation
Article 24 a (new)
Article 24 a (new)
Article 24 a Revenues generated by the sale of CBAM certificates 1. The revenues generated by the sale of CBAM certificates shall constitute internal assigned revenue in accordance with Article 21(3) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council. 2. To meet Union objectives and international commitments, such as those under WTO agreements and the Paris Agreement, financial support shall be provided to support least developed countries' efforts towards the decarbonisation of their manufacturing industries, including through reinforcing climate spending in the Union budget’s Instrument for Pre-Accession Assistance III and the relevant geographic and thematic programmes of the Neighbourhood, Development and International Cooperation Instrument. The additional financial support shall be at least equivalent in financial value to the revenues generated by the sale of CBAM certificates. 3. To ensure transparency of the use of revenues generated by the sale of CBAM certificates the Commission shall, on a yearly basis, report to the European Parliament and to the Council on how the equivalent in financial value of those revenues from the previous year has been used and how this has contributed to tackling climate change in the least developed countries.
Amendment 645 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions, sectors and goods other than those listed in Annex I, andsuch as downstream products using or containing goods listed in Annex I, and to develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 657 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, and every five years, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future. An in-depth assessment should be made of the impact on competitiveness of the EU downstream industry and the maturity of new technologies that are crucial to ensure it.
Amendment 661 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional periodTwo years before the start of removal of free allowance in the ETS, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the impact on competitiveness of the EU downstream industry, the possibilities to further extend the scope of embedded emissions to indirect emissions and to other sectors and goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well as to goods further down the value chain and services that may be subject to the risk of carbon leakage in the future.
Amendment 668 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. At the end of the first year after the transitional period of this Regulation and to ensure a level playing field for the EU production destined to the export, of the sectors covered by the scope of Annex I of this Regulation, the Commission shall submit to the European Parliament and to the Council a report, if necessary accompanied by legislative measures, on the impact of EU exports of those sectors in the global markets and shell considering an export adjustment mechanism that equalize the costs of CO2 with the different pricing schemes of the third countries. Such measures shall comply the WTO rules.
Amendment 687 #
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. The above-mentioned installations shall benefit from free allocation in reduced amounts, until the full effectiveness of the CBAM in tackling the carbon leakage risk both on the EU market and on export markets is assessed and positively verified.
Amendment 728 #
Proposal for a regulation
Annex I – subheading 1 a (new)
Annex I – subheading 1 a (new)
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