BETA

22 Amendments of Cristian-Silviu BUŞOI related to 2021/0211(COD)

Amendment 121 #
Proposal for a directive
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 solid fossil fuels. A technology neutral approach should be applied in order to achieve the most cost-effective emission reductions. In addition, the percentage of the Modernisation Fund that needs to be devoted to priority investments should be increased to 80 %; energy efficiency should be targeted as a priority area at the demand side; and support of households to address energy poverty, including in rural and remote areas, should be included within the scope of the priority investments.
2022/02/04
Committee: ITRE
Amendment 171 #
Proposal for a directive
Recital 13
(13) Greenhouse gases that are not directly released into the atmosphere should not 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. The Commission should be empowered to adopt implementingdelegated 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, 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). or they are captured and used to produce recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin. The Commission should be empowered to adopt delegated acts specifying the framework conditions under which greenhouse gases transferred for further use should be accounted for at the point of release into the atmosphere. For any other transfer of CO2 out of the installation, no subtraction of CO2 from the installation's emissions should be allowed unless the CO2 is transferred to and used by another installation that stored CO2 in a product permanently so that the CO2 is not released into the atmosphere46a. _________________ 46aJudgement ECJ, Case C 460/15, 19.12017 Schaefer Kalk GmbH & Co. KG v Germany
2022/02/22
Committee: ENVI
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for 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 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of 1.5% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).
2022/02/08
Committee: ITRE
Amendment 294 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point ii Directive 2003/87/EC
(d) Where the annual reduction rate exceeds 2,5 % or is below 0,2 %, the benchmark values for the period from 2026 to 2030 shall be the benchmark values applicable in the period from 2013 to 2020 reduced by whichever of those two percentage rates is relevant, in respect of each year between 2008 and 2028 except in case of heat benchmark for district heating, whose maximum annual reduction rate should be defined in line with the district heating sector decarbonisation commitments until 2030 and should not exceed 1.6%.
2022/02/08
Committee: ITRE
Amendment 377 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point f a (new)
(fa) modernization of energy systems allowing for switch from coal to gas and increased use of gas with the perspective of introduction of renewable and low- carbon gases”;
2022/02/08
Committee: ITRE
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
1.(aa) in Article 12 paragraph 1 is replaced by the following: "1. Without prejudice to the Article 29b, Member States shall ensure that allowances can be transferred between: (a) persons within the Union; (b) persons within the Union and persons in third countries, where such allowances are recognised in accordance with the procedure referred to in Article 25 without restrictions other than those contained in, or adopted pursuant to, this Directive. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20210101)" Or. en
2022/02/08
Committee: ITRE
Amendment 405 #
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29 b new
(https://eur-lex.europa.eu/legal-(19a) the following Article 29b is inserted: Article 29b 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Only financial intermediaries purchasing allowances for the accountent/EN/TXT/?uri=CELEX%3A02003L0087- of the installation and not their own can be an exception. 3. Article 6 paragraph 5 of the Auctioning Regulation (no 1031/20210101)) should be adjusted in accordance with paragraphs 1 and 2. Or. en
2022/02/08
Committee: ITRE
Amendment 431 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
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 400 million allowances shall no longer be valid. be set aside for the purpose of increasing the Modernisation Fund, the Innovation Fund and prevention of triggering of the cross-sectoral correction factor.
2022/02/08
Committee: ITRE
Amendment 926 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2a
In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council(*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay-back time for the relevant investments does not exceed five years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 %. The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly.Deleted
2022/02/28
Committee: ENVI
Amendment 960 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point i
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2b
No free allocation shall be given to installations in sectors or subsectors to the extent they are covered by other measures to address the risk of carbon leakage as established by Regulation (EU) …./.. [reference to CBAM](**). The measures referred to in the first subparagraph shall be adjusted accordinglydeleted
2022/02/28
Committee: ENVI
Amendment 990 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii a (new)Directive 2003/87/EC

Article 10a – paragraph 1 – subparagraph 3 a (new)
(iia) the following subparagraph is inserted after the third subparagraph: “Low-carbon alternatives with regard to the definitions of processes according to Annex I to Delegated Regulation (EU) 2019/331 shall be regarded as comprised by the according benchmark for the purposes of Article 10a of this Directive without having an impact on benchmarks referred to in Article 10a of this Directive.”
2022/03/04
Committee: ENVI
Amendment 992 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii a (new)Directive 2003/87/EC

Article 10a – paragraph 1 – subparagraph 3 a (new)
(iia) the following subparagraph is inserted after the third subparagraph: “In order to provide further incentives for reducing greenhouse gas emissions in the steel industry, the annual reduction rate of the product benchmark hot metal calculated pursuant to the previous sub- paragraph shall not be affected by the modification of benchmark definitions and system boundaries pursuant to the fifth subparagraph of Article 10a(1) when the calculation of such rate is influenced by installations that were operational in the period referred to the first subparagraph of Article 10a(2).”
2022/03/04
Committee: ENVI
Amendment 1016 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a – subparagraph 1
No fFree allocation at benchmark level shall be given in relation to the production of products listed in Annex I of Regulation [CBAM] as from the date of applicationuntil the full effectiveness of the CBAM in tackling the carbon leakage risk both ofn the Carbon Border Adjustment MechanismEU market and on export markets is assessed and positively verified.
2022/03/04
Committee: ENVI
Amendment 1039 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a - paragraph 1a - subparagraph 2
By way of derogation from the previousfirst subparagraph, for the first years of operation of Regulation [CBAM], the production of these products listed in Annex I to that Regulation shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of theose products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during thebetween … [ the date of entry into force of [CBAM regulation]] and the end of 202530, 980 % in 202631 and shall be reduced by 120 percentage points each year to reach 0 % by the tenfifth year.
2022/03/04
Committee: ENVI
Amendment 1045 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 – paragraph 1a – subparagraph 2 a (new)
For this purpose, the Commission shall every year, from 2031 to 2035, present to the European Parliament and the Council a report pursuant to Regulation [CBAM] regarding the effectiveness of the CBAM. The report shall also include the selected option to address the carbon leakage risk on export markets. The reports by the Commission should assess and report on the entry into force of the CBAM and its effectiveness during the preceding year, namely whether it ensured an equivalent level of carbon leakage protection. Where the assessment is positive, the allowances in the reserve from the preceding year should automatically be auctioned and the revenues should accrue to the Innovation Fund. Where the assessment is negative, the allowances in the reserve from the preceding year should automatically be released back to industry to fill the carbon leakage protection gap. This should limit any possible gaps in carbon leakage protection should they arise.
2022/03/04
Committee: ENVI
Amendment 1074 #
Proposal for a directive
Article 1 – paragraph 1 – point b a (new)
Directive 2003/87/EC
Article 10a – paragraphs 1a a and 1a b
(ba) the following paragraphs are inserted: “1aa. For each year in the period from 2031 to 2035, the allowances resulting from the reduction of free allocation in accordance with paragraph 1a shall be placed in a Carbon Leakage Protection Reserve. By 28 February of each subsequent year in the period referred to in the first subparagraph, the Commission shall present a report to the European Parliament and to the Council on the implementation of the Carbon Border Adjustment Mechanism during the calendar year preceding that of the report. In its report, the Commission shall, in particular, assess if the Carbon Border Adjustment Mechanism has entered into force and has been effectively implemented in a way leading to a level of carbon leakage protection that is equivalent to that of the free allocation system which it replaces under this Article. In the event that the Commission in its report concludes that, in the calendar year preceding that of the report, the Carbon Border Adjustment Mechanism has been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Article, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be made available to support innovation in accordance with Article 10a(8). In the event that the Commission in its report concludes that, in the calendar year preceding that of the report, the Carbon Border Adjustment Mechanism has not been effectively implemented in a way that leads to a level of carbon leakage protection at least equivalent to that of the free allocation system which it replaces under this Article, the allowances placed in the Carbon Border Adjustment Reserve for the preceding calendar year shall be reallocated to installations in accordance with Article 10a(1). 1ab. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the Carbon Border Adjustment Reserve provided for in paragraph 1b of this Article, including the criteria to be used for the assessment referred to in the second subparagraph of that paragraph, and the modalities for the reallocation of allowances from the Carbon Border Adjustment Reserve to installations referred to in the fourth subparagraph of that paragraph.”
2022/03/04
Committee: ENVI
Amendment 1090 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i a (new)
Directive 2003/87/EC
Article 10a - paragraph 2 - subparagraph 3 - point c a (new)
(ia) in the third subparagraph, the following point is inserted: “(ca) Where it is not possible to derive annex-ante benchmark for an individual sector or subsector, but greenhouse gases eligible for the free allocation of emission allowances occur, those allowances should be allocated on the basis of generic fall back approaches.”
2022/03/04
Committee: ENVI
Amendment 1112 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point iiDirective 2003/87/EC

Article 10a – paragraph 2 - subparagraph 3 - point d a (new)
(da) In determining the benchmark values for fall back approaches referred to in the second subparagraph, the Commission shall consider sectorial and geographical differences, and where appropriate provide for sector specific fall back approaches.
2022/03/04
Committee: ENVI
Amendment 1149 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point e
Directive 2003/87/EC
Article 10a – 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 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 should 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.;
2022/03/04
Committee: ENVI
Amendment 1299 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)Directive 2003/87/EC

Article 11 – paragraph 1 – subparagraph 2
(14a) in Article 11(1), the second subparagraph is replaced by the following: “A list of installations covered by this Directive for the five years beginning on 1 January 2021 shall be submitted by 30 September 2019, and lists for each subsequent period of five years shall be submitted every five years thereafter. For each allocation period beginning on 1 January 2026 and thereafter, free allocation shall be calculated according to the median of the activity level of the five calendar years referred to in the previous sentence. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the five calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided. ” Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&q)
2022/03/01
Committee: ENVI
Amendment 1329 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e
Directive 2003/87/EC
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 stored or utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use. Where recycled carbon fuels and renewable liquid and gaseous fuels of non-biological origin are produced from captured CO2 within an EU ETS installation, the emission should not be accounted for under the activity where the CO2 is not emitted into the atmosphere. In this regard, the Commission shall review Implementing Regulation (EU) 2018/2066 as to incentivize the capture of CO2 from process emissions.
2022/03/01
Committee: ENVI
Amendment 1394 #
(19c) The following Article is inserted: “Article 29aa 1. The access to the EU ETS market should be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. 2. Only financial intermediaries purchasing allowances for the account of the installation and not their own can be an exception. 3. Article 6(5) of Commission Regulation (EU) No 1031/2010 should be adjusted in accordance with paragraphs 1 and 2.
2022/03/01
Committee: ENVI