26 Amendments of Dragoș Florin DAVID related to 2008/0013(COD)
Amendment 56 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) In order to enhance the certainty and predictability of the Community scheme, after the conclusion of an international agreement, 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 change, provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries contribute adequately according to their responsibilities and respective capabilities. A fair burden sharing between the Community scheme and other sectors of the economy, based on scientific evidence, has to be ensured.
Amendment 154 #
Proposal for a directive – amending act
Recital 18
Recital 18
(18) Transitional free allocation to installations should be provided for through harmonised Community-wide rules ("benchmarks") in order to minimise distortions of competition within the Community. TWithout prejudice to sector specific criteria, these 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 equally 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, with the exception of electricity produced from waste gases from industrial production processes. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned.
Amendment 162 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2003/87/EC
Article 9 – paragraph 2
Article 9 – paragraph 2
The Commission shall, by 30 June1 December 2010, publish the absolute quantity of allowances for 2013, based on the total quantities of allowances issued by the Member States in accordance with the Commission Decisions on their national allocation plans for the period 2008 to 2012.
Amendment 196 #
Proposal for a directive – amending act
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
5. By 31 December0 June 2010, the Commission shall adopt a Regulation on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. Auctions shall be designed to ensure that operators, and in particular any small and medium size enterprises covered by the Community scheme, have full access and any other participants do not undermine the operation of the auction. That measure, designed to amend nonessential 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 207 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, by 30 June1 December 20110, adopt Community wide and fully harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
Amendment 213 #
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.
Amendment 227 #
Proposal for a directive – amending act
Article 1 – point 2 – point (a)
Article 1 – point 2 – point (a)
Directive 2003/87/EC
Article 3 – point (c)
Article 3 – point (c)
Amendment 240 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Subject to paragraph 3, no free allocation shall be given to electricity generators, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.
Amendment 248 #
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 heat 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. Free allocation shall also be given to the energy production in cogeneration installations producing power and heat for district heating systems and in respect of electricity production produced for self consumption of that installation. 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 256 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
4. The maximum amount of allowances that is the basis for calculating allocations to installations which carry out activities in 2013 and received a free allocation in the period 2008 to 2012 shall not exceed, as a proportion of the annual Community-wide total quantity, the percentage of the corresponding verified emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary.
Amendment 270 #
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
Amendment 321 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – Title
Article 10b – Title
Measures to support certain energy intensive industries in the event of carbon leakage
Amendment 324 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 1 - introductory part
Article 10b – paragraph 1 - introductory part
Not later than June31 December 20110, 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, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:
Amendment 358 #
Proposal for a directive – amending act
Article 1 - Point 7
Article 1 - Point 7
Directive 2003/87/EC
Article 10 - paragraph 5
Article 10 - paragraph 5
5. By 31 DecemberJune 2010, the Commission shall adopt a Regulation on timing, administration and other aspects of auctioning to ensure that it is conducted in an open, transparent and non- discriminatory manner. Auctions shall be designed to ensure that operators, and in particular any small and medium size enterprises covered by the Community scheme, have full access and any other participants do not undermine the operation of the auction. 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 365 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 27 – title
Article 27 – title
Exclusion of small combustion installations subject to equivalent measures
Amendment 370 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, 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 that are in place, (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
Amendment 379 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 1
Article 10a – paragraph 1 – subparagraph 1
1. The Commission shall, at the latest by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner.
Amendment 382 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
2. From the yearWithin six months following the conclusions of thean international agreement referred to in paragraph 1, the linear factor shall increase so that the Community quantity of allowances in 2020 is lower than that establishedon climate change leading to mandatory reductions exceeding those pursuant to Article 93, by a quantity of allowances equivalent to the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9athe Commission shall submit a legislative proposal on the contribution of each Member State to the Community's additional reduction effort to be adopted according to Article 251 of the Treaty establishing the European Community.
Amendment 386 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
Those measures, 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)]. In defining the principles for setting benchmarks in individual sectors, the Commission shall consult with the sectors concerned.
Amendment 391 #
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 accounthe use of benchmarks. Without prejudice to sector specific criteria, account shall be taken of the most efficient techniques, substitutes, generally applicable alternative production processes, use of biomass and greenhouse gas capture and storage, and shall not give incother technical solutions with the potentivesal to increasreduce emissions. No free allocation shall be made in respect of any electricity productThe measures shall give incentives to decrease specific emissions.
Amendment 493 #
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, with the exception of electricity produced from waste gases from industrial production processes. Where a waste gas from a production process is used as a fuel, allowances shall be allocated to the operator of the installation generating the waste gas with the same allocation principles as applied for that installation.
Amendment 552 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraphs 1, 2 and 3, introductory part
Article 10a - paragraph 9 - subparagraphs 1, 2 and 3, introductory part
Amendment 594 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b - title and introduction
Article 10b - title and introduction
Measures to support certain energy intensiveenergy industries in the event of carbon leakage Not later than June31 December 20110, 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, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. This shall be accompanied by any appropriate proposals, which may include:
Amendment 610 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b - paragraph 2 a (new)
Article 10b - paragraph 2 a (new)
An international agreement including energy-intensive industries exposed to a significant risk of carbon leakage, or a sector specific international agreement on such industries, must comply at least with the following criteria in order to provide a level playing field at installation level for sectors determined to be exposed to significant risks of carbon leakage: (i) equivalent CO2 emission targets, (ii) similar emission reduction systems with equivalent effect and based on benchmarks and imposed by all participating countries or from countries with non-equivalent CO2 emission targets in sectors covered by the Community scheme, (iii) an effective international monitoring and verification system, (iv) a binding dispute settlement regime and clear penalties for infringement, comparable to the EU system.
Amendment 747 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28 - paragraph 1a (new)
Article 28 - paragraph 1a (new)
1a. Within six months following the conclusion of an international agreement on climate change leading to mandatory reductions exceeding those pursuant to Article 3, the Commission shall submit a legislative proposal on the contribution of each Member State to the Community’s additional reduction effort to be adopted according to the procedure laid down in Article 251 of the Treaty.
Amendment 748 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 28 - paragraph 2
Article 28 - paragraph 2