89 Amendments of Philippe BUSQUIN
Amendment 116 #
2009/0010(COD)
Proposal for a regulation
Article 21
Article 21
EEPR assistance shall contribute to the cost of those elements of the investment phase of the project that are only attributable to carbon capture and storage, taking account of possible operating benefits. It shall not exceed 850% of total eligible investment costs.
Amendment 144 #
2009/0010(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The Commission shall carry out a mid term evaluation of the EEPR by 30 September 2010 in order to assess the effective use made of the appropriations. Those funds that are not reserved for running tenders should be redirected to renewable energy projects that can be used to support offshore wind energy.
Amendment 95 #
2008/2015(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that any future low-carbon energy policy must also investigate the possible contribution of nuclear power to the energy mix of the future, focusing on not only the possible reduction in carbon dioxide emissions but also on the investment required, the security of uranium supply, the operation of the plants, technological and international safety issues and also the unresolved question of the disposal of waste, in comparison to renewable energy sourcesin order to genuinely reduce greenhouse gas emissions in the energy sector more use must be made of low-carbon technologies, such as nuclear energy, which also contributes to security of supply;
Amendment 102 #
2008/2015(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Notes that most Community funding allocated to fission under the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for Nuclear Research and Training Activities (2007-2011) is allocated to safety research, and notes that to best meet the Union’s strategic criteria the Community effort should be allied with research aiming to develop a new generation of sustainable nuclear technology allowing the potential of nuclear energy to be extended over thousands of years by improving fuel efficiency and very significantly reducing the volume of final waste;
Amendment 436 #
2008/2015(INI)
Motion for a resolution
Recital X
Recital X
X. whereas the use of nuclear energy – irrespective of the availability of uranium – still raises the unresolved issue of the safe final storage of nuclear waste and the spread of the technology to undemocratic states,
Amendment 30 #
2008/2005(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that the capacity of the EU research base needs to be enlarged and that further education and training is essential to provide the quantity and quality of human resources required to take full advantage of the new technology opportunities opening up; believes that an integrated approach across the FP7 Specific Programmes could be beneficial in this regard;
Amendment 67 #
2008/2005(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Notes that, under the proposed revision of the EU Emissions Trading Scheme (ETS), auction revenues will provide a significant source of funding for new low carbon technologies; believes that a portion of these revenues should be used to set up a new European fund for research into low carbon technologies; notes that the Research Fund for Coal and Steel created from the assets of the European Coal and Steel Community provides a useful model in this respect; believes that businesses affected by the ETS should be involved in deciding how this funding is utilised;
Amendment 10 #
2008/0211(COD)
Proposal for a directive
Recital 6
Recital 6
(6) It iswill be necessary to include specific invertebrate species within the scope of this Directive, as there is once scientific evidence is available of the potential ability of such species to experience pain, suffering, distress and lasting harm.
Amendment 14 #
2008/0211(COD)
Proposal for a directive
Recital 7
Recital 7
(7) This Directive should also cover embryonic and foetal forms of vertebrate animals, asonce there is scientific evidence showing that such forms in the last third of their development have an increased risk of experiencing pain, suffering and distress, which may also affect negatively their subsequent development. Scientific evidence has also shown that procedures on embryonic and foetal forms of mammals at an earlier stage of development could result in pain, suffering, distress or lasting harm, should the developmental forms be allowed to live beyond the first two thirds of their development.
Amendment 19 #
2008/0211(COD)
Proposal for a directive
Recital 16
Recital 16
(16) With current scientific knowledge the use of non-human primates in scientific procedures is still necessary in biomedical research. Due to their genetic proximity to human beings and to their highly developed social skills, the use of non- human primates in scientific procedures raises specific ethical and practical problems in terms of meeting their behavioural, environmental and social needs in a laboratory environment. Furthermore, the use of non-human primates is of the highest concern to the public. Therefore the use of non-human primates should only be allowed in those essential biomedical areas for the benefit of human beings for which no other replacement alternative methods are yet available and only in cases where the procedures are carried out in relation to clinical conditions having a substantial impact on patients’ day-today functioning as being either life-threatening or debilitating, or for the preservation of the respective non-human primate species. Fundamental research in someall areas of the biomedical sciences can provide important new information relevant to many life- threatening and debilitating human conditions. The reference to life- threatening or debilitating clicontributing to knowledge of humans, animals or the environment. However, the high sensitivity of non-human primates and their advanced social needs mean that fundamental research projects using such anicmal conditions is established terminology in EC legislation as reflected in Regulation 141/2000/EC, in Directive 2001/20/EC, Regulation 726/2004/EC and Commission Regulation 507/2006/ECs should be subjected to scientific peer review and a strict ethical evaluation taking account of the specific characteristics of these species.
Amendment 36 #
2008/0211(COD)
Proposal for a directive
Recital 47
Recital 47
(47) The technical and scientific advancements in biomedical research can be rapid as can the increase in knowledge of factors influencing animal welfare. It is therefore necessary to provide for review of this Directive. Such a review, based on the results of peer-assessed scientific studies, should examine possible replacement of the use of animals, and in particular non-human primates, as a matter of priority where it is possible, taking into account the advancement of science.
Amendment 39 #
2008/0211(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall apply to the following animals: (a) live non- human vertebrate animals, including independently feeding larval forms and embryonic or foetal forms of mammals as from the last third of their normal development; (b) live invertebrate animals, including independently feeding larval forms, of those species listed in Annex I.
Amendment 51 #
2008/0211(COD)
Proposal for a directive
Article 5 – point 2 – point b a (new)
Article 5 – point 2 – point b a (new)
(ba) the improvement of the production conditions and welfare of animals reared for agricultural purposes.
Amendment 58 #
2008/0211(COD)
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Competent authorities may grant exemptions from paragraph 1 on the basis of scientific justification that the purpose of the procedure cannot be achieved by the use of a humane method of killing or that other methods providing better animal protection have been developed.
Amendment 60 #
2008/0211(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a National measures This directive shall not prevent Member States from applying or adopting stricter national measures seeking to improve the well-being and protection of animals used for scientific purposes.
Amendment 67 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the procedure has one of the purposes referred to in points (1), (2)(a) and, (3) and is undertaken with a view to the avoidance, prevention, diagnosis or treatment of life-threatening or debilitating clinical conditions in human beings or the purpose referred to in point (5) of Article 5;
Amendment 79 #
2008/0211(COD)
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Commission shall develop a strategy to establish a high-level group to review annually the use of non-human primates in procedures.
Amendment 85 #
2008/0211(COD)
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 92 #
2008/0211(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 94 #
2008/0211(COD)
Proposal for a directive
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, pProcedures may be carried out without anaesthesia in the following conditions:
Amendment 99 #
2008/0211(COD)
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that the procedures classified as "severe" are not performedsubject to an enhanced scientific and ethical evaluation procedure involving the putting in place of clearly established limit points if the pain, suffering or distress is likely to be prolonged.
Amendment 104 #
2008/0211(COD)
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) the previous procedure was classified as 'up to mildoderate';
Amendment 106 #
2008/0211(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the further procedure is classified as 'up to mildoderate' or 'non-recovery'.
Amendment 107 #
2008/0211(COD)
Proposal for a directive
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) the repeated use of the animal is accompanied by veterinary inspections. Repeated interventions under the same protocol may be necessary in the context of longitudinal projects.
Amendment 110 #
2008/0211(COD)
Proposal for a directive
Article 19 – introductory part
Article 19 – introductory part
Member States may allow animals used or intended to be used in procedures to be set freeplaced in normal breeding conditions or re-homed provided that the following conditions are met:
Amendment 113 #
2008/0211(COD)
Proposal for a directive
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
1. Member States shall ensure that persons are authorised by the competent authority or the delegated authority before they carry out any of the following functions:
Amendment 115 #
2008/0211(COD)
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. All authorisations of persons shall be granted for a limited period of time, not exceeding five years. Member States shall ensure that the renewal of an authorisation of persons is only granted on the basis of demonstration of the requisite competence. Member States shall guarantee the mutual recognition of this competence and of the authorisation.
Amendment 119 #
2008/0211(COD)
Proposal for a directive
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. Where the authorisation is suspended or withdrawn, Member States shall establish a mechanism for appeals against the decision.
Amendment 124 #
2008/0211(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The permanent ethical review body shall include the designated veterinarian, the person(s) responsible for the welfare and care of the animals in the establishment and, in the case of a user establishment, a scientific member and a person with expertise in the application of the principles of replacement, reduction and refinement.
Amendment 134 #
2008/0211(COD)
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Member States shall ensure that breeding establishments of non-human primates in the Community and supplying establishments of non-human primates have a strategy in place for increasing the proportion of animals that are the offspring of non- human primates that have been bred in captivity.
Amendment 143 #
2008/0211(COD)
Proposal for a directive
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Member States may allow exemptions to paragraph 2 for animal welfare reasons or for experimental protocol requirements.
Amendment 145 #
2008/0211(COD)
Proposal for a directive
Article 33 – paragraph 3 – subparagraph 1 a (new)
Article 33 – paragraph 3 – subparagraph 1 a (new)
Member States shall take the necessary measures to ensure that the inspections do not jeopardise the scientific quality of the projects and the welfare of the animals, and do not take place under conditions that fail to comply with the other regulations in force.
Amendment 152 #
2008/0211(COD)
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. No formal authorisation shall be necessary for projects required by law, but these should be subject to favourable ethical evaluation.
Amendment 157 #
2008/0211(COD)
Proposal for a directive
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. The user establishmenscientific director or the person in charge of the establishment where the project is to be carried out shall submit an application for the project authorisation, which shall include the following:
Amendment 163 #
2008/0211(COD)
Proposal for a directive
Article 37 – paragraph 2 – point d
Article 37 – paragraph 2 – point d
(d) a harm-benefit analysis of the project, to assess whether the harm to the animals in terms of suffering, pain and distress, and to the environment, where appropriate, is justified by the expected advancement of science that ultimately benefitscould be beneficial to human beings, animals or the environment;
Amendment 174 #
2008/0211(COD)
Proposal for a directive
Article 38 – paragraph 2 – point b
Article 38 – paragraph 2 – point b
(b) harm inflicted on animals including the numbers and species of animals used and the severity ofnature, level and duration of the harm inflicted on animals during the procedures;
Amendment 182 #
2008/0211(COD)
Proposal for a directive
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Project authorisations shall be granted for a period not exceeding fourive years.
Amendment 184 #
2008/0211(COD)
Proposal for a directive
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The competent authority may amend or renew the project authorisation on the request of the user establishment or the scientific director of the project.
Amendment 190 #
2008/0211(COD)
Proposal for a directive
Article 43 – paragraph 1
Article 43 – paragraph 1
1. Member States shall ensure that the decision to grant an authorisation is taken and communicated to the user establishment at the latest within 30 days from the submission of the application. Should the Member State fail to take a decision within that period, the authorisation shall be deemed to have been granted, where the project concerned involves only procedures classified as "up to mild" and non-human primates are not used. In all other cases, no such presumption shall apply.
Amendment 197 #
2008/0211(COD)
Proposal for a directive
Article 45
Article 45
The Commission and Member States shall contribute by various means, particularly financial, to the development and scientific validation of alternative approaches that could provide the same or higher level of information as that obtained in procedures using animals but that do not involve the use of animals or use fewer animals or that entail less painful procedures and shall take such other steps as they consider appropriate to encourage research in this field.
Amendment 201 #
2008/0211(COD)
Proposal for a directive
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Member States shall collect and make publicly available, on an annual basis, statistical information on the use of animals in procedures, including information on the actual severity of the procedures and on the origin and species of non-human primates used in procedures. Member States shall submitmake that statistical information publicly available and submit it to the Commission by [three years from transposition date] and every year thereafterthereafter at intervals not exceeding two years.
Amendment 215 #
2008/0211(COD)
Proposal for a directive
Annex IV – point 1 – introductory part
Annex IV – point 1 – introductory part
1. THE PHYSICAL FACILITIES The accommodation conditions should be tailored to the scientific objective.
Amendment 216 #
2008/0211(COD)
Proposal for a directive
Annex IV – point 3 – introductory part
Annex IV – point 3 – introductory part
3. CARE The care should be tailored to the scientific objective.
Amendment 169 #
2008/0016(COD)
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that the overall targets are achieved, Member States should work towards an indicative trajectory tracing a path towards the achievement of their targets, and should establish a national action plan including sectoral targets, while having in mind that there are different uses of biomass and therefore it is essential to mobilise new biomass resources. Member States should consider the use of existing energy-efficient conventional energy equipment in the heating and cooling sector combined with the gradual introduction of renewable energy sources, via thermal solar energy and bioliquids.
Amendment 194 #
2008/0016(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Heat pumps using geothermal resources from the ground or groundwater, and heat pumps using ambient heat from thesurface water or air to transfer the thermal energy to a useful temperature level, need electricity to function. Heat pumps using ambient heat from the air often require the use of significant amounts of conventional energy. Therefore, only useful thermal energysome energy input (typically in form of electricity). Thermal energy generated by heating or comoling from heat pumps using ambient heat from the air that meet the minimum requirements of the coefficient of performance established in Commission Decision 2007/742/EC, in accordance with Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme, should be taken into account for the purpose of measuring compliance with the targets established by this Directivesystems using geothermal energy from the ground or water should be taken into account after having deduced the non-renewables final energy input required to operate the systems.
Amendment 239 #
2008/0016(COD)
Proposal for a directive
Recital 27
Recital 27
(27) Information and training gaps, especially in the heating and cooling sector, should be removed in order to encourage the deployment of energy from renewable sources. and hybrid systems combining conventional energy and renewable energy sources.
Amendment 465 #
2008/0016(COD)
Proposal for a directive
Article 5 – paragraph 5 – subparagraph 2
Article 5 – paragraph 5 – subparagraph 2
Thermal energy generated by heat pumps using geothermal energy from the ground or water shall be taken into account for the purposes of paragraph 1(b). Thermal energy generated by heat pumps using ambient heat from the ai, groundthermal, aerothermal or hydrothermal energy from the ground, air, or water shall be taken into account for the purposes of paragraph 1(b), provided that the energy Coefficiency of such heat pumps meets the minimum requirements of eco-labelling laid down pursuant to Regulation (EC) No 1980/2000, where applicable, in particular the minimum coefficient of performance established in Decision 2007/742/EC, and reviewed in accordance with that Regulationt Of Renewability (COR) is larger than 0, i.e., that the output from renewable energy sources is larger than the energy input from other sources.
Amendment 568 #
2008/0016(COD)
Proposal for a directive
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Member States may permit guarantees of origin submitted in accordance with paragraph 1(a) and (b) to be transferred between persons in that Member State for purposes of proving the share or quantity of renewable energy in its energy mix. An energy supplier or energy consumer that uses those guarantees of origin as evidence of its share or quantity of renewable energy in its energy mix shall submit those guarantees of origin to the competent body for cancellation.
Amendment 593 #
2008/0016(COD)
Proposal for a directive
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
3. Subject to the provisions adopted pursuant to paragraph 2, guarantees of origin may be transferred between persons in different Member States provided they have been issued in relation to energy produced from renewable sources by installations that became operational after the date of entry into force of this Directive.
Amendment 630 #
2008/0016(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
1. Member States shall ensure that any national rules concerning the authorisation, certification and licensing procedures that are applied to transmission and distribution lines, plants for the production of electricity, heating or cooling from renewable sources, and to the process of transformation of biomass into biofuels or other energy products, are proportionate and necessary.
Amendment 643 #
2008/0016(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall clearly define any technical specifications which must be met by renewable energy equipment and systems in order to be connected to the grid and benefit from support schemes. Where European standards exist, including eco-labels, energy labels and other technical reference systems established by the European standardisation bodies, such technical specifications shall be expressed in terms of those standards. Such technical specifications shall not prescribe where the equipment and systems are to be certified.
Amendment 689 #
2008/0016(COD)
Proposal for a directive
Article 12 – paragraph 5 – subparagraph 3
Article 12 – paragraph 5 – subparagraph 3
In the case of heat pumps, Member States shall promote heat pumps which achieve the minimum requiremdeliver more renewable energy output than used primary energy input. This shall be calculated by the coefficient of renewability (COR). The burden of proof of the coefficients of eco- labelling established in Decperformance (COP) and COR values shall rely on an independent institute following a common testing procedure defined by the Commission 2007/742/EC.
Amendment 733 #
2008/0016(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Access to the electricity grid and system development
Amendment 735 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall take the necessary steps to develop the grid infrastructure and the electricity system in order to allow the secure operation of the electricity system to accommodate the further development of electricity production from renewable energy sources, including interconnectors between Member States. Related to this development, authorisation procedures for grid facilities should be accelerated.
Amendment 746 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to the maintenance of the reliability and safety of the grid, Member States shall ensure that transmission system operators and distribution system operators in their territory guarantee the transmission and distribution of electricity produced from renewable energy sources. They shallmay also provide for priority accessconnection to the grid system of electricity produced from renewable energy sources. When dispatching electricity generating installations, transmission system operators shall give priorMember States may decide that transmission system operators shall give dispatch priority with market based balance responsibility to generating installations using renewable energy sources insofar as the security of the national electricity system permits.
Amendment 756 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 3 – subparagraph 1
Article 14 – paragraph 3 – subparagraph 1
3. Member States shall require transmission system operators and distribution system operators to set up and publish their standard rules relating to the bearing and sharing of costs of technical adaptations, such as grid connections and grid reinforcements, which are necessary in order to integrate new producers feeding electricity produced from renewable energy sources into the interconnected grid. Member States shall ensure that the changes in the costs caused by this Directive are taken into account and transmission system operators and distribution system operators are compensated in tariff structures.
Amendment 766 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall require transmission system operators and distribution system operators to provide any new producer wishing to be connected to the system with a comprehensive and detailed estimate of the costs associated with the connection based on the costs referred in paragraph 3. Member States may allow producers of electricity from renewable energy sources wishing to be connected to the grid to issue a call for tender for the connection work.
Amendment 769 #
2008/0016(COD)
Proposal for a directive
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The sharing of costs referred in paragraph 3 shall be enforced by a mechanism based on objective, transparent and non-discriminatory criteria taking into account the benefits with regard to connection costs which initially and subsequently connected producers as well as transmission system operators and distribution system operators derive from the connections.
Amendment 1046 #
2008/0016(COD)
Proposal for a directive
Annex IV – paragraph 2
Annex IV – paragraph 2
2. Biomass, heat pump, shallow geothermal and solar photovoltaic and solar thermal installers shall be certified by an accredited training programme or training provider.
Amendment 1054 #
2008/0016(COD)
Proposal for a directive
Annex IV – paragraph 4 – point b a (new)
Annex IV – paragraph 4 – point b a (new)
(ba) in the case of shallow geothermal installers: training as a driller or pipe layer and have basic geological skills as a prerequisite;
Amendment 1057 #
2008/0016(COD)
Proposal for a directive
Annex IV – paragraph 7 – introductory part
Annex IV – paragraph 7 – introductory part
7. The theoretical part of the heat pump installer training shall cover market situation for heat pumps, geothermal resources and ground source temperatures of different regions, soil and rock identification for thermal conductivity, logistics, building laws, regulations on using geothermal resourcelogistics, building laws, feasibility of using heat pumps in buildings and determining the most suitable heat pump system, and knowledge about their technical requirements, safety, air filtering, connection with the heat source and system layout. The training shall also provide good knowledge of any European standards for heat pumps, national and of relevant national and European legislation. The installer shall demonstrate the following key competences:
Amendment 1059 #
2008/0016(COD)
Proposal for a directive
Annex IV – paragraph 7 a (new)
Annex IV – paragraph 7 a (new)
7a. The theoretical part of the shallow geothermal installer training shall cover geothermal resources and ground source temperatures of different regions, soil and rock identification for thermal conductivity, regulations on using geothermal resources, determining the most suitable geothermal heat pump system, system layout, drilling technologies, installation of borehole heat exchangers, well construction, pressure testing, logistics, building laws, and safety. The training shall also provide good knowledge of any European standards for shallow geothermal, and of relevant national and European legislation. The installer shall demonstrate the following key competences: a) understanding geological and geothermal parameters of the underground and knowing their determination, nomenclature and identification of soil and rock types, preparing borehole reports incl. lithology, groundwater, etc.; basic geological and hydrogeological knowledge, b) familiarity with different drilling and digging technologies, choice of the optimum drilling method, ensuring protection of the environment (in particular groundwater) while drilling, c) ability to install borehole heat exchangers, to grout, backfill or otherwise complete the ground source system, and to perform pressure tests; skills for welding of plastic pipes and other connection methods, d) ability to construct groundwater wells, to install the relevant pipes, pumps and control systems, e) ability to perform the relevant documentation incl. identification and drawing of drilling locations.
Amendment 97 #
2008/0013(COD)
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 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.
Amendment 108 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 20
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.
Amendment 117 #
2008/0013(COD)
Proposal for a directive – amending act
Recital 20 a (new)
Recital 20 a (new)
(20a) No undue distortion of competition should be created between installations whether they are externalised or not.
Amendment 155 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 2 – point c
Article 1 – point 2 – point c
Directive 2003/87/EC
Article 3 – point u a (new)
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.
Amendment 225 #
2008/0013(COD)
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, 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.
Amendment 230 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
Article 10a – paragraph 1 a (new)
1a. Installations, whether they are externalised or not, will receive equal treatment as regards emissions allowances.
Amendment 233 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1 a (new)
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.
Amendment 253 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraphs 4 and 5
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.
Amendment 273 #
2008/0013(COD)
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 this installation.
Amendment 295 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 8
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.
Amendment 302 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraphs 1 to 3
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.
Amendment 305 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9 – subparagraph 1
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.
Amendment 314 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
Amendment 318 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
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.
Amendment 330 #
2008/0013(COD)
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)
Amendment 381 #
2008/0013(COD)
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 1
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.
Amendment 399 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I a (new)
Annex I a (new)
Directive 2003/87/EC
Annex I a (new)
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.
Amendment 554 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 1
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.
Amendment 561 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 3 - introductory part
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:
Amendment 567 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point a
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;
Amendment 570 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point b
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;
Amendment 571 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point c
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;
Amendment 575 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - point da (new)
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.
Amendment 577 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9 - subparagraph 4
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.
Amendment 700 #
2008/0013(COD)
Proposal for a regulation – amending act
Article 1 - point 19
Article 1 - point 19
Directive 2003/87/EC
Article 24 a
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)].
Amendment 799 #
2008/0013(COD)
Proposal for a directive – amending act
Annex I - point 3 - point (c) - point (i)
Annex I - point 3 - point (c) - point (i)
Directive 2003/87/EC
Annex I - table - category 3 - paragraph 1
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;
Amendment 130 #
2007/0143(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
(1a) Premiums received to cover risks relating to Section 2, Point A of Annex I in the context of services of general economic interest within the meaning of Article 86(2) of the Treaty shall not be taken into account for the calculation of such income.