19 Amendments of Angelika NIEBLER related to 2008/0013(COD)
Amendment 115 #
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 which energy intensive industry sectors or 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 required allowances in product prices without significant loss of market share to installations outside the Community 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 amount of free 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 on a comparable footing. Such a system could apply 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 the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of Least Developed Countries. ItThe issue of securing raw materials supplies in the European Union should also be taken into account. Action taken would also need to be in conformity with the international obligations of the Community including the WTO agreement.
Amendment 118 #
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 138 #
Proposal for a directive – amending act
Article 1 – point 2– point a
Article 1 – point 2– point a
Directive 2003/87/EC
Article 3 – point c
Article 3 – point c
(c) 'greenhouse gases' means the gases listed in Annex II and other gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and gases which are defined as such within the framework of future international agre-emit infrared radiationents;
Amendment 143 #
Proposal for a directive – amending act
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 2003/87/EC
Article 3 – point h
Article 3 – point h
(h) 'new entrant' means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emission permit subsequent to the submission to the Commission of the list referred to in Article 11(1); The proposal for a directive fails to specify how increases in capacity at existing installations (i.e. production increases) are to be treated legally. This regulatory loophole must be closed. Installations with increased capacity must be treated as new entrants within the meaning of the directive. Any distinction between them would not be objectively justified and would create obstacles to investment. and increases in capacity at existing installations; Or. de
Amendment 156 #
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 231 #
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 235 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Subject to paragraph 3, no free allocation shall be given to electricity generatorproduced outside cogeneration installations, to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.
Amendment 243 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Free allocation may be given to electricity generators in respect of the production of heat through high efficiency cogeneration as defined by Directive 2004/8/EC for economically justifiable demand to ensure equaCogeneration installations within the meaning of Directive 2004/8/EC shall treatment with regard to other producers of heat. In each year subsequent to 2013, the total allocation to such installationceive a free allocation of allowances ion respect of the production of that heatthe basis of standard Europe-wide benchmarks. They shall be adjusted by the linear factor referred to in Article 9issued and controlled as part of a harmonised procedure.
Amendment 262 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6
Article 10a – paragraph 6
6. Five percent of the Community-wide quantity of allowances determined in accordance with Articles 9 and 9a over the period 2013 to 2020 shall be set aside for new entrants, as the maximum that may be allocated to new entrants in accordance with the rules adopted pursuant to paragraph 1 of this ArticleNew entrants shall receive an allocation from the budget set aside for the auction. Allocations shall be adjusted by the linear factor referred to in Article 9. No free allocation shall be made in respect of any electricity production by new entranttake place by analogy with existing installations.
Amendment 280 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 7
Article 10a – paragraph 7
7. Subject to Article 10b, the amount of allowances allocated free of charge under paragraphs 3 to 6 of this Article [and paragraph 2 of Article 3c] in 2013 shall be 80% of the quantity determined in accordance with the measures referred to in paragraph 1 and thereafter the free allocation shall decrease each yearFor the installations listed in Annex I, Community-wide uniform benchmarks shall be set, and shall be adopted and monitored according to a harmonised procedure. On the basis of these benchmarks, installations may receive a 100% free allocation. Installations not producing electricity from cogeneration shall bye equal amounts resulting in noxcluded from this free allocation in 2020.
Amendment 290 #
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
Amendment 300 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 9
Article 10a – paragraph 9
Amendment 307 #
Proposal for a directive – 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 referred to in the first subparagraph 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 or inside the Community, taking into account the following:
Amendment 313 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10b
Article 10b
Measures to support certain energy intensive industries in the event of carbon leakage Not later than June 2011, the Commission shall, in the light of the outcome of the intlectricity- intensive undertakings Opernational 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 byors of electricity-intensive installations as defined in Article 3 (ua) shall receive any appropriate proposals, which may include: - adjusting the proporllocation 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 appropriateased on the amount of CO2 emitted in producing the electricity they consume. This allocation shall be determined on the basis of benchmarks.
Amendment 349 #
Proposal for a directive – amending act
Article 1 – point 9
Article 1 – point 9
Directive 2003/87/EC
Article 11a – paragraph 5
Article 11a – paragraph 5
5. To the extent that the levels of CER/ERU use allowed to operators by Member States for the period 2008 to 2012 have not been used up and iIn the event that the conclusion of an international agreement on climate change is delayed, credits from projects or other emission reducing activities may be used in the Community scheme in accordance with agreements concluded with third countries, specifying levels of use. In accordance with such agreements, operators shall be able to use credits from project activities in those third countries to comply with their obligations under the Community scheme up to 70% of the reductions effected in accordance with Article 9 in the relevant year as compared with the allocation for the period 2008 to 2012.
Amendment 378 #
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 leading, by 2020, to mandatory reductions of greenhouse gas emissions exceeding the minimum reduction levels agreed upon by the European Councilfor all States with noteworthy activities in the sectors in Annex 1 and 2ab exceeding the minimum reduction levels agreed upon by the European Council, and upon the provision of proof by the Commission that this agreement leads in other States to comparable CO2 costs for the sectors in Annex 1 and 2ab, paragraphs 2, 3 and 4 shall apply.
Amendment 385 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 2
Article 28 – paragraph 2
2. From the year following the concluspresentation of the international agreementCommission’s analysis referred to in paragraph 1, the linear factor shall increase so that the Community quantity of allowances in 2020 is lower than that established pursuant to Article 9, by a quantity of allowances equivalent to the overall reduction of greenhouse gas emissions by the Community below 20% to which the international agreement commits the Community, multiplied by the share of overall greenhouse gas emission reductions in 2020 which the Community scheme is contributing pursuant to Articles 9 and 9a. This Regulation will only enter into effect if the Commission’s analysis is presented before [2015].
Amendment 387 #
Proposal for a directive – amending act
Article 1 – point 21
Article 1 – point 21
Directive 2003/87/EC
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Operators may, in addition to unused CERs and ERUs allocated to operators by the Member States for the period 2008 to 2012, use CERs, ERUs or other credits approved in accordance with paragraph 4 from third countries which have concluded the international agreement, up to half70% of the reduction taking place in accordance with paragraph 2.
Amendment 392 #
Proposal for a directive – amending act
Annex I – point 2
Annex I – point 2
Directive 2003/87/EC
Annex I – point 2
Annex I – point 2