BETA

26 Amendments of Philippe BUSQUIN related to 2008/0013(COD)

Amendment 97 #
Proposal for a directive – amending act
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 with 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.
2008/06/23
Committee: ITRE
Amendment 108 #
Proposal for a directive – amending act
Recital 20
(20) The Commission should therefore review the situation by June 2011 at the latest, consult with all relevant social partners, and, in the light of the outcome of the international negotiations, submit a report accompanied by any appropriate proposals. In this context, the Commission should identify whichIn order to ensure the efficiency of the European emission allowance trading system and prevent European restrictions from prompting industry to move to countries with less stringent environmental restrictions - preventing a decrease in global emissions - energy- intensive industry sectors orand sub-sectors are likely to be subject to carbon leakage not later than 30 June 2010. It should base its analysis on the assessment of the inability to pass on the cost of requsubject to international competition need to introduce an efficient system enabling Community installations to be placed on the same footing as thired allowances in product prices without significant loss of market share tocountry installations, inter alia by subjecting importers to requirements comparable to those set by European Union installations outsidethrough the Ccommunity not taking comparable action to reduce emissions. Energy-intensive industries which are determined to be exposed to a significant risk of carbon leakage could receive a higher amountpulsory surrender of allowances. This mechanism is intended for use only vis-à-vis countries which, following an international agreement, in the case of developed countries, have failed to give undertakings comparable to those assumed by the European Union in terms of fgree allocation or an effective carbon equalisation system could be introduced with a view to putting installations from the Community which are at significant risk of carbon leakage and those from third countries onhouse gas emission reduction or, in the case of emerging countries, have failed to introduce new and appropriate actions which are measurable, reportable and verifiable in a ccomparable footing. Such a system coulrdance with the road mapply requirements to importers that would be no less favourable than those applicable to installations within the EU, for example by requiring the surrender of allowances. Any action taken would need to be in conformity with the principles of the UNFCCC, in particular adopted at the Bali Conference. The Commission should identify sectors likely to be subject to carbon leakage on the basis of highly specific criteria so as to ensure that the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. It would also need to be in conformity with the international obligations of the Community including the WTO agreementsk of carbon leakage is properly estimated and to avoid any over- compensation. The border adjustment mechanism should be consistent with the Community’s international obligations, particularly as regards the WTO.
2008/06/23
Committee: ITRE
Amendment 117 #
Proposal for a directive – amending act
Recital 20 a (new)
(20a) No undue distortion of competition should be created between installations whether they are externalised or not.
2008/06/23
Committee: ITRE
Amendment 155 #
Proposal for a directive – amending act
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u a (new)
(ua) ‘externalised installation’ means an installation owned and/or operated by a third party, which fulfils a function that may alternatively be provided by an internal production activity integrated into the production process of the economic sector concerned.
2008/06/26
Committee: ITRE
Amendment 225 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
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, 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 this installation.
2008/06/26
Committee: ITRE
Amendment 230 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
1a. Installations, whether they are externalised or not, will receive equal treatment as regards emissions allowances.
2008/06/26
Committee: ITRE
Amendment 233 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
1a. To those sectors were it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwise, where electricity constitutes a high proportion of production costs and is produced efficiently, a maximum amount of allowances shall be allocated for the CO2 cost pass-through in electricity prices. This allocation shall be based on the average yearly defined electricity consumption of those installations and the expected CO2 cost pass-through of typical marginal price-setting power production, and shall be in addition of any free allocation for direct emissions and without changing the total quantity of allowances in accordance with Article 9.
2008/06/26
Committee: ITRE
Amendment 253 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraphs 4 and 5
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 emissions in the period 2005 to 2007 that those installations emitted. A correction factor shall be applied where necessary to comply with the quantities determined in accordance with paragraphs 1 to 3 and without changing the total quantity of allowances in accordance with Article 9. 5. The maximum amount of allowances that is the basis for calculating allocations to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified emissions of those installations in 2005 to 2007. In each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9. A correction factor shall be applied where necessary to comply with the quantities determined in accordance with paragraphs 1 to 3 and without changing the total quantity of allowances in accordance with Article 9.
2008/06/26
Committee: ITRE
Amendment 273 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
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 this installation.
2008/06/30
Committee: ITRE
Amendment 295 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
8. ISubject to Article 10b, in 2013 and in each subsequent year up to 2020, installations in sectors which are exposed to a significant risk of carbon leakage shall be allocated all allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 61 to 3 and without changing the total quantity of allowances according to Article 9.
2008/06/30
Committee: ITRE
Amendment 302 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraphs 1 to 3
9. At the latest bBy 30 June 20106 and every 34 years thereafter the Commission shall determine the sectors referred to in paragraph 8review Annex 1a. The results of this review shall be implemented in 2020 and every 4 years thereafter. 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)]. All relevant social partners shall be consulted. In the determination of the sectors referred to in the first subparagraph 8 the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances in product prices without significant loss of market share to less carbon efficient installations outside the Communityinstallations operating in countries outside the Community that did not impose comparable constraints on emissions, taking into account the following: (a) the extent to which auctioning would lead to a substantial increase in production cost; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques; (c) market structure, relevant geographic and product market, the exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented outside the EU in the sectors concerned.
2008/06/30
Committee: ITRE
Amendment 305 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
9. At the latest by 30 June 2010 and every 3 years thereafter09 the Commission shall determine the sectors referred to in paragraph 8 and the percentage of free allowances received by the installations in those sectors.
2008/06/30
Committee: ITRE
Amendment 314 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Measures to support certain energy intensive industries in the event of carbon Not later than June 2011, 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: – adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a; – inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. Requirement for importers to surrender allowances leakage 1. As from 1 January 2013, importers of products determined in accordance with the conditions laid down in paragraph 2 below and for which a methodology has been established in accordance with the conditions laid down in paragraph 3 shall be, respectively, required to surrender allowances or authorised to receive free allowances in accordance with the procedures laid down in paragraph 3. 2. The products giving rise to the provisions of paragraph 1 are those which present a risk of carbon leakage and which come from countries which, in the case of developed countries, have not undertaken commitments comparable to those of the European Union in terms of reducing greenhouse gas emissions and, in the case of emerging countries, have not put in place appropriate new actions which can be measured, communicated and verified. In the light of the outcome of the international negotiations, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall establish, by 30 June 2010, a list of the countries of origin affected by these provisions. Also in the context of the procedure provided for in Article 23(2), the Commission shall establish a list of sectors and products giving rise to those provisions by assessing the risk of emissions leakage based on the sectors referred to in Article 10a(8) and the following criteria: (a) the impact of the emissions trading scheme, in terms of marginal cost (including through an opportunity cost) in the case of a free allocation or average cost in the case of an auction, on production costs; (b) the extent to which it is possible for individual installations in the sector concerned to reduce emission levels, for instance by using the most efficient technologies; (c) market structure, relevant geographic and product market and exposure of the sectors to international competition; (d) the effect of climate change and energy policies implemented, or expected to be implemented, outside the EU in the sectors concerned; (e) predictable changes in global and regional demand for each sector; (f) the cost of transport of goods for the sector; (g) the cost of investing in the construction of a new production unit for the sector in question. The provisions laid down in paragraph 1 shall not apply to imports of goods produced in countries or regions linked to the EU emissions trading scheme under the provisions of Article 25 of this Directive. 3. The quantity of allowances which importers shall be required to surrender shall be equivalent to the difference between: - on the one hand, the average greenhouse gas emission per tonne produced resulting from the Community- wide production of the goods concerned, multiplied by the tonnage of imported goods. In this second calculation, the average emission may be replaced by a more favourable emission factor if the importer is able to provide proof, on the basis of an audit carried out by a verifying entity accredited by the European Union, that the production process at the origin of his products produces lower emissions than the European average; and, on the other hand, the average quantity of free allowances for the production of those products Community- wide. The difference between the first and second aggregate shall determine, if positive, the quantity of allowances which the importers are required to surrender, or, if negative, the quantity which they may receive free of charge. To determine the average quantity of greenhouse gas resulting from the Community-wide production of various goods or categories of goods, the Commission, acting in accordance with the procedure provided for in Article 23(2), shall take into account the reported emissions, verified in accordance with the conditions laid down in Article 14. 4. To facilitate the establishment of the method for calculating the surrender of allowances on import in accordance with paragraph 3, the Commission may require operators to report on the manufacture of the products concerned, and require independent verification of that reporting in accordance with the guidelines adopted pursuant to Articles 14 and 15. Those requirements may include reporting on the levels of emissions covered by the EU emissions trading scheme which are associated with the manufacture of each product or category of products. 5. A regulation adopted in accordance with the procedure provided for in Article 23(2) shall lay down the conditions for surrender or free allocation of allowances for importers. That regulation shall also set out the conditions under which importers to whom this article applies shall declare the necessary surrender of allowances with regard to the quantity of goods imported. 6. The total quantity of allowances which the Member States may auction in accordance with Article 10 shall be increased by the quantity of allowances surrendered by importers to meet the requirement referred to in paragraph 1, and reduced by the quantity of allowances received by importers pursuant to that same paragraph. These variations shall be divided up among the Member States in accordance with the rules laid down in Article 10(2). 7. The additional auction revenue generated by the requirement for importers to surrender allowances shall be divided up among the Member States in accordance with the procedures provided for in paragraph 6. The Member States shall pay 50% of that additional revenue into the global adaptation fund. 8. To meet their surrender requirement under paragraph 1, importers may use allowances, ERUs and CERs up to the percentage used by operators during the preceding year, or allowances from the emissions trading scheme of a third country which is recognised as corresponding to a level of constraint equivalent to that of the Community scheme. 9. Not later than June 2010, 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 for, in particular, adjusting the proportion of allowances received free of charge by those sectors or sub-sectors under Article 10a. The report shall also describe the progress of the implementing measures for setting up a border adjustment mechanism as provided for in paragraphs 1 to 8. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change, and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate.
2008/06/30
Committee: ITRE
Amendment 318 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b
1. Not later than June 2011, the Commission shall, in the light of the outcome of the international negotiations linked to COP 131 and the extent to which these lead to global greenhouse gas emission reductions whilst providing equivalent treatment of competing industries by complying with the criteria in paragraph 3, and after consulting with all relevant social partners, submit to the European Parliament and to the Council an analytical report assessing the situation with special regard to energy-intensive sectors or sub-sectors that have been determined to be exposed to significant risks of carbon leakage. 2. Thise analytical report referred to in paragraph 1 shall be accompanied by any appropriate proposals, which maytake into consideration the timeframe until full implementation and shall include: - adjusting the proportion of allowances received free of charge by thoseall sectors or sub-sectors under Article 10a; - inclusion in the Community scheme of importers of products produced by the sectors or sub-sectors determined in accordance with Article 10a. Any binding sectoral agreements which lead to global emissions reductions of the magnitude required to effectively address climate change,covered by Article 10a; - for leakage effects not covered by other measures carbon equalisation systems for exporters and importers of products produced by the sectors covered by Article 10a. Such systems shall not reduce liquidity of the allowance market. Any binding sectoral agreements which comply with the relevant criteria of paragraph 3 and which are monitorable, verifiable and subject to mandatory enforcement arrangements shall also be taken into account when considering what measures are appropriate. 1 13th Conference of the Parties to the UNFCCC, and 3rd Meeting of the Parties to the Kyoto Protocol, held in Bali, Indonesia from 3-14 December 2007.
2008/06/30
Committee: ITRE
Amendment 330 #
Proposal for a directive – amending act
Article 1 – point 8
Directive 2003/87/EC
Article 10b – paragraph 2 a (new)
2a. 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 on installation level for sectors determined to be exposed to significant risks of carbon leakage: (a) the participation of countries representing a critical mass of at least 85% of worldwide production, including the main emerging markets, (b) equivalent CO2 emission targets, (c) 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 EU ETS, (d) materials in competition have to be subject to equivalent restrictions taking into account life cycle aspects, (e) an effective international monitoring and verification system, (f) a binding dispute settlement regime and clear sanctioning rules, comparable to the EU system.
2008/06/30
Committee: ITRE
Amendment 381 #
Proposal for a directive – amending act
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 1
1. Upon the conclusion by the Community of an international agreement on climate change complying with the criteria referred to in Article 10b(2a) and leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Council on 8 and 9 March 2007, paragraphs 2, 3 and 4 shall apply.
2008/06/30
Committee: ITRE
Amendment 399 #
Proposal for a directive – amending act
Annex I a (new)
Directive 2003/87/EC
Annex I a (new)
ANNEX Ia The following Annex Ia shall be added to Directive 2003/87/EC: “ANNEX Ia List of energy intensive sectors exposed to a significant risk of carbon leakage Iron and steel … …*” * sectors to be specified by the Parliament and the Council before the adoption of this directive.
2008/06/30
Committee: ITRE
Amendment 554 #
Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 1
At the latest by 30 June 20109 and every 35 years thereafter the Commission shall determine the sectors referred to in paragraph 8.
2008/07/15
Committee: ENVI
Amendment 561 #
Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 3 - introductory part
In the determination of the sectors referred to in the first subparagraph 8 the Commission shall take into account the extent to which it is possible for the sector or sub-sector concerned to pass on the cost of the required allowances inthrough product prices without significant loss of either market share to less carbon efficient installations outside the Community, taking into accountor profitability or of investment opportunities to the same sector or sub- sector in countries outside the EU that do not impose comparable constraints on emissions. Relevant criteria are – inter alia - the following:
2008/07/15
Committee: ENVI
Amendment 567 #
Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point a
(a) the extent to which auctioning would lead to a substantial increase in production cost in industries with a high CO2 emission per unit of sales;
2008/07/15
Committee: ENVI
Amendment 570 #
Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point b
(b) the extent to which it is technically and economically possible for individual installations in the sector concerned to reduce emission levels for instance on the basis of the most efficient techniques;
2008/07/15
Committee: ENVI
Amendment 571 #
Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point c
(c) the present and projected market structure, relevant geographic and product market, the exposure of the sectors to international competition taking into account inter alia transport and CO2 costs;
2008/07/15
Committee: ENVI
Amendment 575 #
Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point da (new)
(da) the effect of passing through CO2 costs in electricity prices on the sector or sub-sector concerned.
2008/07/15
Committee: ENVI
Amendment 577 #
Proposal for a regulation – amending act
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 4
For the purposes of evaluating whether the cost increase resulting from the Community scheme can be passed on, estimates of lost sales resulting from the increased carbon price or the impact on the profitability of the installationsectors concerned may inter alia be used.
2008/07/15
Committee: ENVI
Amendment 700 #
Proposal for a regulation – amending act
Article 1 - point 19
Directive 2003/87/EC
Article 24 a
1. In addition to the inclusions provided for in Article 24, the Commission mayshall adopt implementing measures for issuing allowances in respect of projects, which may involve companies, administered by Member States or companies that reduce greenhouse gas emissions outside of the Community scheme. 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)]. Any such measures shall not result in the double-counting of emissions reductions and impede the undertaking of other policy measures to reduce emissions not covered by the Community scheme. Provisions shall only be adopted where inclusion is not possible in accordance with Article 24, and the next review of the Community scheme shall consider harmonising the coverage of those emissions across the Community. 2. The Commission mayshall adopt implementing measures that set out the details for crediting Community-level projects referred to in paragraph 1. 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)].
2008/07/17
Committee: ENVI
Amendment 799 #
Proposal for a directive – amending act
Annex I - point 3 - point (c) - point (i)
Directive 2003/87/EC
Annex I - table - category 3 - paragraph 1
Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime including the calcinations of dolomite and magnesite in rotary kilns with a production capacity exceeding 50 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day, except hazardous and non- hazardous waste recovery operations as defined by Annex IIB of Directive 91/156/EEC;
2008/07/18
Committee: ENVI