19 Amendments of Frédérique RIES related to 2021/0214(COD)
Amendment 223 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Installations under the EUETS facing a rising carbon price need long- term visibility, predictability and legal certainty to make their investment decisions. A clear pathway for the phase in of the remaining sectors and subsectors at risk of carbon leakage should therefore be established. This will strengthen the new legal framework to fight carbon leakage, provide the necessary time to ensure a smooth implementation of the CBAM and allow installations and companies to make the necessary investments in the decarbonisation of industrial processes in a stable and predictable legal context.
Amendment 228 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
Amendment 333 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) 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 rebranded as a Net- Zero Fund, so as to support inter alia innovation in low carbon technologies, and in upscaling relevant technologies in a way that contributes to mitigating climate change consistently with the objectives set out by Regulation (EU)2021/1119. 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.
Amendment 334 #
Proposal for a regulation
Recital 22 b (new)
Recital 22 b (new)
(22b) In order to reach climate neutrality, the Union needs to close a significant investment gap as provided in the Communication on a “Strategy for Financing the Transition to a Sustainable Economy”. To attain our industry decarbonisation objective, breakthrough innovation, upscaling of already existing technologies and enhancement of natural and industrial carbon sinks are needed. To support the in-depth and economy- wide decarbonisation in the Union all those three pillars should be addressed by the EU ETS Innovation Fund, which should be rebranded as the Net-Zero fund.
Amendment 367 #
Proposal for a regulation
Recital 29
Recital 29
(29) The goods under this Regulation should be selected after a careful analysis of their relevance in terms of cumulated GHG emissions and risk of carbon leakage in the corresponding EU ETS sectors while limiting complexity and administrative burden. In particular, the actual selection should take into account basic materials and basic products covered by the EU ETS with the objective of ensuring that imports of energy intensive products into the Union are on equal footing with EU products in terms of EU ETS carbon pricing, and to mitigate risks of carbon leakage. Other relevant criteria to narrow the selection should be: firstly, relevance of sectors in terms of emissions, namely whether the sector is one of the largest aggregate emitters of GHG emissions; secondly, sector’s exposure to significant risk of carbon leakage, as defined pursuant to Directive 2003/87/EC; thirdly, the need to balance broad coverage in terms of GHG emissions while limiting complexity and administrative effort. Specific attention should also be paid to avoid any risk of market distortions between the different sectors covered by the CBAM.
Amendment 376 #
Proposal for a regulation
Recital 30 a (new)
Recital 30 a (new)
(30a) In particular, the cement sector is primarily a local production sector with a low trade intensity , however European companies are very dependent on the import of clinker, one of the essential components of cement, which means this sector is indeed exposed to very high carbon costs and that justifies a similar scheme to that of other sectors covered by the Regulation.
Amendment 529 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) The revenues generated should be attributed to the Union budget as an own resource in accordance with the procedures set out in Article 311 TFEU, pursuant to Annex 2 of the Interinstitutional Agreement of 16 December 20201a and as proposed by the Commission on 22 December 2021 in its legislative proposal to amend the Own Resources Decision1b. The CBAM-based own resource would thus be part of a basket of own resources whose total proceeds should be sufficient to cover the level of overall expected expenditure for the repayment costs of the principal and interests of the borrowing incurred under the Next Generation EU instrument, while respecting the principle of universality. Together with the ETS-based own resource, these two green own resources should also link the Union budget with the Union’s policy priorities, and thus add value. They should contribute to the climate mainstreaming objectives and the resilience of the Union budget as a tool for investments and guarantees. __________________ 1aInterinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap for the introduction of new own resources (OJ L 433I, 22.12.2020, p. 28.). 1b COM(2021)0570 final.
Amendment 534 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent the risk of carbon leakage and to level out carbon costs between imported products and domestic products included in the scope of this Regulation.
Amendment 573 #
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. The CBAM helps meet Union objectives and international commitments, including in particular those under the Paris Agreement and the WTO.
Amendment 575 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to goods as listed in Annex I, originating in a third country, when those goods, or processed products from those goods as resulting from the inward processing procedure referred to in Article 256 of Regulation (EU) No 952/2013 of the European Parliament and of the Council53 , are imported into the customs territory of the Union. This Regulation also applies to downstream products that include goods listed in Annex I above a minimum threshold, subject to paragraph 2a of this Article, __________________ 53Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
Amendment 581 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The Commission shall by 31 July 2024 adopt a delegated act in accordance with Article 28 to establish a methodology for identifying downstream products covered by this Regulation, including establishing a minimum threshold for the amount of the concerned goods in the product.
Amendment 641 #
Proposal for a regulation
Article 3 – paragraph 1 – point 11
Article 3 – paragraph 1 – point 11
(11) ‘competentCBAM authority’ means the authority, designated by each Member State appointed by the Commission in accordance with Article 11 of this Regulation;
Amendment 672 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28 a (new)
Article 3 – paragraph 1 – point 28 a (new)
(28a) ‘downstream products' means products manufactured by using goods listed in Annex I .
Amendment 676 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
Goods shall only be imported into the customs territory of the Union by a declarant that is authorised by the competentCBAM authority in accordance with Article 17 (‘authorised declarant’). Throughout the Regulation, the term ‘competent authority’ is replaced by ‘CBAM authority’ and any necessary grammatical changes are made.
Amendment 835 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The information in the database referred to in paragraph 2 shall be confidentialmade available to the public, unless it is deemed as business confidential. Information equivalent to the one made publicly available for EU producers under the EU ETS central database shall be made public.
Amendment 1156 #
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. By 1January 2028, the Commission shall present a report to the European Parliament and the Council on the application of this Regulation, based on the first years of effective application from the Regulation. That report shall highlight, in particular the impact of CBAM on CO2 cost equalisation and on carbon leakage mitigation and to what extent forms of circumventions are avoided
Amendment 1207 #
Proposal for a regulation
Article 31 – paragraph 2 a (new)
Article 31 – paragraph 2 a (new)
2a. The Commission shall adopt delegated acts in accordance with Article 28 by 31 December 2025 to define criteria allowing an installation producing goods covered by this Regulation to apply for continued appropriate protection against the risk of carbon leakage in relation to costs deriving from EU ETS allowances linked to exports of goods to third countries. The criteria shall consider the carbon leakage risks, overall environmental effects and decarbonisation efforts of these installations and rely on the existing benchmarks and follow the principle of Directive 2003/87/EC to identify the most carbon-efficient installations. The criteria should take into account the emissions embedded in a similar product and carbon prices in the third country pursuant to Articles 7, 8 and 9 of this Regulation. This protection against the risk of carbon leakage for exports should only be used to enhance decarbonisation efforts. The Commission shall ensure that the delegated act is fully compliant with WTO rules.
Amendment 1214 #
Proposal for a regulation
Article 31 – paragraph 2 b (new)
Article 31 – paragraph 2 b (new)
2b. The Commission shall adopt before the end of the transition period a delegated act in accordance with Article 28 that establishes the arrangements for granting free allowances to the exported part of the production of an installations covered by this Regulation, in particular the methodology for the calculation of the average embedded carbon content of the corresponding sector within a third country. The average embedded carbon content of a third country sector shall be taken into account when establishing the amount of free allocations to be granted to the emissions resulting from the quantity of goods exported by an EU installation as referred in paragraph(2a) of this Article.
Amendment 1265 #
Proposal for a regulation
Annex III – point 2 – paragraph 1 – introductory part
Annex III – point 2 – paragraph 1 – introductory part
For determining the specific actual embedded emissions of simple goods produced in a given installation, only direct emissions and indirect emissions shall be accounted for. For this purpose, the following equation is to be applied: