30 Amendments of Adina-Ioana VĂLEAN related to 2015/0148(COD)
Amendment 48 #
Proposal for a directive
Recital 1
Recital 1
(1) Directive 2003/87/EC of the European Parliament and of the Council15 established a system for greenhouse gas emission allowance trading within the Union in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner in order to safeguard the international competitiveness of EU industry that does not lead to carbon and investment leakage. __________________ 15 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 84 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 57% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 572% share is made up of allowances auctioned on behalf of Member States, including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 . __________________ 18 SEC(2015)XX 19 Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […]).
Amendment 103 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to reflect technological progress in the sectors concerned and adjust them to the relevant period of allocation, provision should be made for the values of the benchmarks for free allocations to installations, determined on the basis of data from the years 2007-8, to be updated in line with observed average improvement. For reasons of predictability, this should be done through applying a factor that represents the best assessment of progress across sectors, which should then take into account robust, objective and verified data from installations so that sectors whose rate of improvement differs considerably from this factor have a benchmark value closer to their actual rate of improvement. Where the data shows a difference from factor reduction of more than 0.5% of the 2007-8 value higher or lower per year over the relevant period, the related benchmark value shall be adjusted by that percentagebased on real data, in line with technological progress in the respective industry sectors at the level of the benchmark. To ensure a level playing field for the production of aromatics, hydrogen and syngas in refineries and chemical plants, the benchmark values for aromatics, hydrogen and syngas should continue to be aligned to the refineries benchmarks.
Amendment 205 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 paragraph 1
Article 10 paragraph 1
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 572%.
Amendment 214 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 a paragraph 1
Article 10 a paragraph 1
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 10a paragraph 1
Article 10a paragraph 1
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation. To introduce more flexibility in the supply of free allowances, the threshold shall be lowered to reflect variation in real production levels. This threshold shall not exceed 10% of the yearly production level.
Amendment 298 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2– subparagraph 2 a
Article 10 a – paragraph 2– subparagraph 2 a
The benchmark values for free allocation shall be adjusupdated in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:since 2007-8. For the period 2021-2030, the benchmark value shall be the average performance of the 10% most efficient installations in a sector or subsector in the Community for the years 2013-2017, and each later period for which free allocations are determined in accordance with Article 11(1). The Commission shall consult the relevant stakeholders, including the sectors and subsectors concerned.
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 2 a
Article 10 a – paragraph 2 – subparagraph 2 a
Amendment 320 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – introductory part
Article 10a – paragraph 2 – subparagraph 3 – introductory part
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits and reflect technological progress in the period between 2007-8 and each later period for which free the average performance of the 10 % most efficient installocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:in a sector or subsector operating in the Union in the years 2013 to 2017. Benchmarks shall be set after consulting the relevant stakeholders to take into account the real economic and technical development of industrial plants and processes in the individual sectors and subsectors.
Amendment 336 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i
Article 10a – paragraph 2 – subparagraph 3 – point i
Amendment 368 #
Proposal for a directive
Article 1 – point 5 – point c
Article 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
Amendment 424 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8
Article 10a – paragraph 8
400 million allowances shall be available to support innovation in the whole range of low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2 as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union.
Amendment 427 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10 a – paragraph 8
Article 10 a – paragraph 8
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 60% of the relevant costs of projects may be supported, out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed. The Commission shall publish the state aid guidelines for Member State co-financing of eligible projects. The Commission shall publish the state aid guidelines for Member State co-financing of eligible projects.
Amendment 468 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – introductory sentence
Article 10b – paragraph 2 – introductory sentence
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 473 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.2 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 of direct and indirect costs divided by their gross value added (in €), shall be deemed to be at risk of carbon leakage. Such sectors and sub-sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 483 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 500 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point d (new)
Article 10b – paragraph 2 – point d (new)
(ca) d) level of the product referred to in paragraph 1 when the assessment of a sub-sector is realised with more targeted data at 6- or8-digit level.
Amendment 516 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 b Paragraph 4
Article 10 b Paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code) as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available, using for each sector or sub-sector the 4-, 6-, 8-digit level code (NACE-4, Prodcom-6 or Prodcom-8) that comprises only those activities and production covered by the EU ETS.
Amendment 527 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 5 a (new)
Article 10b – paragraph 5 a (new)
Every year the Commission may, at its own initiative or at the request of a Member State, add a new sector or subsector, if it can be demonstrated that this sector or subsector complies with the criteria in paragraph 1 and 3 .
Amendment 547 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c
Article 10 c
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € at marketin purchasing power paricties below 60% of the Union average may give a transitional free allocation to installations for electricity production for the modernisation of the energy sector.
Amendment 568 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c 2
Article 10 c 2
(ba) ensure that modernisation projects benefiting electricity generation facilities : (i) are economically justified based on a cost benefit analysis – including a carbon price which reflects the marginal damage of each unit harmful emission (e.g. CO2, NOx, Sox and particulate); (ii) have CO2 emissions of less than 550gCO2/kWh.
Amendment 613 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10 c 7
Article 10 c 7
Amendment 663 #
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 667 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4
Article 10 d – paragraph 4
The fund shall be governed by an investment board and a management committee, which shall be composed of representatives from the beneficiary Member States, the Commission, the EIB and three representatives elected by the other Member States for a period of 5 years. The investment board shall be responsible to determine an Union-level investment policy, appropriate financing instruments and investment selection criteria which should take into account national circumstances. The management committee shall be responsible for the day- to-day management of the fund.
Amendment 673 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d 4
Article 10 d 4
The investment board shall elect a representative from the Commission as chairmanEuropean Bank of Investment as chairman for a period of 5 years. The investment board shall strive to take decisions by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majority. The European Investment Bank shall propose the investment selection criteria and submit them to the approval of the investment board. These criteria shall be consistent with the European Investment Bank's criteria for investments in the energy sector The Commission should administer any calls for proposals, for which the European Investment Bank should perform due diligence. The investment board should approve the final list of projects to receive investments.
Amendment 686 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d 4
Article 10 d 4
The composition of the investment board and the management committee should be published by (insert date). The investment selection criteria and the investments decisions should be accessible and public.
Amendment 697 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 (new)
Article 10 d – paragraph 4 (new)
Every two years Member States shall communicate to the Commission the closures of electricity generation capacity due to national measures. The Commission shall calculate the equivalent number of allowances that these closures represent. Member States shall have the choice to withdraw a corresponding volume of allowances or to surrender and place them into the MSR.
Amendment 699 #
Proposal for a directive
Article 1 – point 22 b (new)
Article 1 – point 22 b (new)
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
(22b) In Article 27, paragraph 1 is replaced by the following '1. Following consultation with the operator, Member States may exclude from the Community scheme installations which have reported to the competent authority emissions of less than 250 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 375 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 250 000 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 250 000 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 Community scheme; (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 704 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 5 – new sub paragraph
Article 10 – paragraph 5 – new sub paragraph
(ba) 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 including the implementation of the auctions, liquidity and the volumes traded. The report shall also address the interaction of the EU ETS with other Union climate and energy policies, including how those policies impact upon the supply-demand balance of the EU ETS. The report shall propose concrete measures to neutralise the impact of EU policies on the EU ETS. Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.
Amendment 756 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Directive 2003/87/EC
Article 27 – point 1 (a) (b) (c)
Article 27 – point 1 (a) (b) (c)
(22a) In Article 27 point 1 (a) (b) (c) is replaced as follows: 1.Following consultation with the operator, Member States may exclude from the Community scheme 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 75 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 Community scheme;