27 Amendments of Sirpa PIETIKÄINEN related to 2021/0211(COD)
Amendment 281 #
Proposal for a directive
Recital 29
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocation of emission allowances to stationary installations from 2026 onwards should be conditional on investments in techniques to increase energy efficiency and reduce emissions and transition plans to climate neutrality, circular economy and sustainability. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordingly.
Amendment 307 #
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 980 % in 2026 and should be reduced by 120 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenfifth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non- CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 485 #
Proposal for a directive
Recital 48
Recital 48
(48) The total quantity of allowances for the new emissions trading should follow a linear trajectory to reach the 2030 emissions reduction target and by latest the 2050 climate neutrality target, taking into account the cost-efficient contribution of buildings and road transport of 43 % emission reductions by 2030 compared to 2005. The total quantity of allowances should be established for the first time in 2026, to follow a trajectory starting in 2024 from the value of the 2024 emissions limits (1 109 304 000 CO2t), calculated in accordance with Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council59 on the basis of the reference emissions for these sectors for the period from 2016 to 2018. Accordingly, the linear reduction factor should be set at 5,15 %. From 2028, the total quantity of allowances should be set on the basis of the average reported emissions for the years 2024, 2025 and 2026, and should decrease by the same absolute annual reduction as set from 2024, which corresponds to a 5,43 % linear reduction factor compared to the comparable 2025 value of the above defined trajectory. If those emissions are significantly higher than this trajectory value and if this divergence is not due to small-scale differences in emission measurement methodologies, the linear reduction factor should be adjusted to reach the required emissions reduction in 2030. _________________ 59Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 610 #
Proposal for a directive
Recital 61
Recital 61
(61) A well-functioning, reformed EU ETS comprising an instrument to stabilise the market is a key means for the Union to reach its agreed targets for 2030 and 2050 and the commitments under the Paris Agreement. The Market Stability Reserve seeks to address the imbalance between supply and demand of allowances in the market. Article 3 of Decision (EU) 2015/1814 provides that the reserve is to be reviewed three years after it becomes operational, paying particular attention to the percentage figure for the determination of the number of allowances to be placed in the Market Stability Reserve, the threshold for the total number of allowances in circulation (TNAC) that determines the intake of allowances, and the number of allowances to be released from the reserve.
Amendment 690 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of theall 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, fifty percent (50 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) of, emissions from ships performing voyage arriving at a port under the jurisdiction of a Member State, and all emissions from ships at berth in a port under the jurisdiction of a Member State.
Amendment 757 #
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)
Article 3gda 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, that entity shall be 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 811 #
Proposal for a directive
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Directive 2003/87/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [--450 million allowances (to be determined depending on year of entry into force)]. In the same year, the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport. Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 %adjusted with a 2030 emission reduction target for the sectors covered by the EU ETS of at least 70 % compared to 2005 taking into account the cap adjustment. The Commission shall publish the Union- wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].;
Amendment 841 #
Amendment 875 #
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 insulationreduce reliance on fossil fuels and increase energy self- sufficiency of households, through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, installation of renewable energy systems, or to provide financial support in order to address social aspects in lower- and middle-income households, including by reducing distortive taxes;;
Amendment 1314 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc. Shipping companies may surrender fewer allowances on the basis of a ship’s ice class or navigation in ice or both inline with Annex X.
Amendment 1323 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.;
Amendment 1498 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – title
Article 30 h – title
Measures in the event of excessive price increase or decrease
Amendment 1499 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 1
Article 30 h – paragraph 1
1. Where, for more than three consecutive months, the average price of allowance in the auctions carried out in accordance with the act adopted under Article 10(4) is more than twiceabove a predetermined minimum allowance price and both more than a predetermined amount of euros and a predetermined percentage higher than the average price of allowances during the six preceding consecutive months in the auctions for the allowances covered by this Chapter, the Commission shall, as a matter of urgency, adopt a decision to release 50 milliona predetermined amount of allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814. The Commission shall, by 1 January 2024, set the values for this triple threshold to trigger the excessive price increase mechanism. It shall set both a lower and a higher value for each of the three threshold categories, which shall correspond to different amount of allowances released from the Market Stability Reserve, in order to respond to the size of the price volatility shock at hand. The lowest values shall be set low enough to ensure that this mechanism does respond to short-term price volatility shocks that would endanger a socially fair price path, as high enough to prevent the mechanism from being implemented when allowance prices are very low. Any allowances released from the Market Stability Reserve in accordance with this paragraph shall be deducted from the auction volumes for the following two years.
Amendment 1507 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2
Article 30 h – paragraph 2
Amendment 1515 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2 a (new)
Article 30 h – paragraph 2 a (new)
2a. On the basis of an assessment by the Commission of the expected energy market fluctuations in commodity prices prior to the application of this Chapter, additional allowances from the Market Stability Reserve can be released in order to protect consumers against very high commodity prices during energy crises and to prevent rebound effects when commodity prices are very low due to external energy market factors. (a) Within three months after the entry into force of this Chapter, the Commission shall adopt a delegated act in accordance with Article 23 to supplement this regulation in order to set out the maximum expected commodity prices, and the period for which they shall apply, that will be used to activate point (b) of paragraph 3 of this Article. The Commission shall set up and consult a Scientific Advisory Board to provide scientific advice and issue reports on the expected energy market fluctuations for that period. (b) Where, for more than three consecutive months, the average price of allowances in the auctions carried out in accordance with the act adopted under Article 10(4) is above the maximum commodity price for that year as determined by the delegated act in accordance with point (a) of paragraph 3 of this Article, the Commission shall, as a matter of urgency, adopt a decision to release 50 million allowances covered by this Chapter from the Market Stability Reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814. If the average price is more than 25% and at least 10 euro above the maximum commodity price for that year as determined by the delegated act in accordance with point (a) of paragraph 3 of this Article, the release shall be increased to 150 million allowances. These additional allowances shall have a limited validity of 6 months where they can be surrendered for compliance. The auctioned volume will be deducted from the auction volumes for the following two years. (c) Where, for more than three consecutive months, the average price of allowances in the auctions carried out in accordance with the act adopted under Article 10(4) is below the minimum commodity price for that year as determined by the delegated act in accordance with point (a) of paragraph 3 of this Article, the Commission shall, as a matter of urgency, adopt a decision to take in 50 million allowances covered by this Chapter from the Market Stability in accordance with Article 1a(7) of Decision (EU) 2015/1814. If the average price is more than 25% and at least 10 euro below the maximum commodity price for that year as determined by the delegated act in accordance with point (a) of paragraph 3 of this Article, the intake shall be increased to 150 million allowances.
Amendment 1520 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Article 30 h – paragraph 2 b (new)
Article 30 h – paragraph 2 b (new)
2b. By 1 January 2028, the Commission shall review the price and volume thresholds and the intake and release thresholds as determined by paragraphs 1, 2 and 3 of this Article. Where appropriate, the Commission shall accompany the report in accordance with paragraph 1 of Article 30i with a proposal to the European Parliament and to the Council to amend this Article.
Amendment 1545 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
The upper MSR threshold above which the intake rate applies shall be 833 million allowances and the lower MSR threshold below which allowances are released from the reserve according to paragraph 6 shall be 400 million allowances in the year the Decision enters into force. Both threshold values shall decline in a linear way to reach zero in 2030. In any given year, if the total number of allowances in circulation is between 833 millionthe upper MSR threshold and 1 096 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 millionthe upper MSR threshold, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubtripled.
Amendment 1560 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5 a
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 and allowances held in the reserves for 3 years shall no longer be valid.
Amendment 1573 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c a (new)
Article 2 – paragraph 1 – point 1 – point c a (new)
Decision (EU) 2015/1814
Article 1 – paragraph 8 a (new)
Article 1 – paragraph 8 a (new)
(ca) the following paragraph is added: “8a. In [date of entry into force of the amendment to be inserted] an auction reserve price of 50 euro is introduced. Where the clearing price of an auction of allowances does not reach the auction reserve price, then the auction is cancelled. In this case, the corresponding volume of allowances to be auctioned are added to the reserve. Each consecutive year the auction reserve price increases by the same percentage as the linear reduction factor, according to Article 9 of Directive 2003/87/EC.”.
Amendment 1588 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 (new)
Article 3 – paragraph 1 – point -1 (new)
Regulation (EU) 2015/757
Article 2 – paragraph 1
Article 2 – paragraph 1
(-1) in Article 2, paragraph 1 is replaced by the following: “1. This Regulation applies to ships above 5 0400 gross tonnage in respect of CO2greenhouse gas emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. ”; Or. en(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32015R0757)
Amendment 1599 #
Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(-1a) in Article 3, point (c) is replaced by the following: “(c) ‘voyage’ means any movement of a ship that originates from or terminates in a port of call or structures situated on the continental shelf of that Member State (off-shore supply services) and that serves the purpose of transporting passengers, or cargo for commercial purposes; or performing service activities for offshore installations.”;
Amendment 1604 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
Regulation (EU) 2015/757
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) “navigating in ice conditions” means navigating of an ice-classed ship in a sea area within the ice edge.
Amendment 1605 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
Regulation (EU) 2015/757
Article 3 – point r b (new)
Article 3 – point r b (new)
(rb) "Ice edge" is defined by paragraph 4.4. of the WMO Sea-Ice Nomenclature, March 2014 as the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting.
Amendment 1610 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point -a a (new)
Article 3 – paragraph 1 – point 4 – point -a a (new)
Regulation (EU) 2015/757
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 1616 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
Regulation (EU) 2015/757
Article 9 – paragraph 1 – subparagraph 1 – point g a (new)
Article 9 – paragraph 1 – subparagraph 1 – point g a (new)
(5a) in Article 9(1), the following point is added “(ga) ice-class and whether the voyage involved navigation in ice conditions, if the shipping company aims to surrender fewer emission allowances on that basis under Directive 2003/87/EC. If the voyages involved navigating in ice conditions and if the shipping company aims to surrender fewer emission allowances on that basis under Directive 2003/87/EC, the information on date, time, and location when navigating in ice conditions, method used to measure fuel oil consumption, fuel consumption and the fuel’s emission factor for each type of fuel when navigating in ice conditions, and distance travelled when navigating in ice conditions shall also be provided. Information on whether the voyage occurs between ports under a Member State's jurisdiction, departs from a port under a Member State's jurisdiction or arrives to a port under a Member State's jurisdiction, shall be provided.”;
Amendment 1621 #
Proposal for a directive
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(ka) aggregated distance travelled separately for voyages between ports under a Member State's jurisdiction, for voyages departing from a port under a Member State's jurisdiction and for voyages arriving to a port under a Member State's jurisdiction, if the shipping company aims to surrender fewer emission allowances on that basis under Directive2003/87/EC. (kb) ice-class and aggregated CO2 emissions when navigating in ice conditions separately for voyages between ports under a Member State's jurisdiction, for voyages departing from a port under a Member State's jurisdiction and for voyages arriving to a port under a Member State's jurisdiction and aggregated distance travelled when navigating in ice conditions separately for voyages between ports under a Member State's jurisdiction, for voyages departing from a port under a Member State's jurisdiction and for voyages arriving to a port under a Member State's jurisdiction when navigating in ice conditions, if the shipping company aims to surrender fewer emission allowances on that basis under Directive 2003/87/EC.
Amendment 1629 #
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(6a) in Article 10, the following paragraph is added: “However, if the shipping company aims to surrender fewer emission allowances on the basis of ship’s navigation in ice conditions under Directive 2003/87/EC, it can only apply the exception under the first subparagraph for those months when the ship does not sail in ice conditions.”;