16 Amendments of Martin CALLANAN related to 2008/0013(COD)
Amendment 216 #
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 establish harmonised benchmarks for greenhouse gas emissions and energy efficiency for installations in each sector receiving free allocations. These sectoral benchmarks shall be based on the best greenhouse gas and energy efficient techniques and for reductions in emissions, by taking accounttechnologies available ofn the most efficient techniques,arket, including substitutes, alternative production processes, use of biomass, cogeneration 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. Free allocations to installations shall be made at a level no higher than is indicated by the appropriate sectoral benchmark, so as to reward the most efficient operators. Overall, the measures referred to in the first subparagraph shall not give incentives to increase emissions. No free allocation shall be made in respect of any electricity production for sale to third parties; free allocation shall be made in respect of electricity self- generation as a by product of industrial processes or in accordance with Article 10a(7) and (8) except where this is for sale to third parties.
Amendment 238 #
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 generators, other than those operating for self-supply of electricity as a by product of industrial processes or in accordance with Articles 10a(7) and (8) to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.
Amendment 247 #
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 [t)]
Article 3 – point [t)]
[(t)] 'Combustion installation' means any stationary technical unit in which fuels are oxidised producing heat or mechanical energy or both, and other directly associated activities including waste gas scrubbing are carried out; recycling operations as defined by Annex IIB R3 of Directive 91/156/EEC are exempted from the definition of 'combustion installation'.
Amendment 377 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 1
Article 10a – paragraph 1
1. The Commission shall, by 30 June 20110, adopt Community wide and fully- harmonised implementing measures for allocating the allowances referred to in paragraphs 2 to 6 and 8 in a harmonised manner. 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)]. 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 CHP plants and self- supply of electricity to energy intensive industry. In the case of free allocation for self supply of electricity to an installation within a sector or sub-sector at risk of carbon leakage, the installation using the electricity may not at the same time receive allocation for the indirect emissions in accordance with paragraphs 8 and 9 and Article 10b. The Commission shall, upon the conclusion by the Community of an international agreement on climate change leading to mandatory reductions of greenhouse gas emissions comparable to those of the Community, review in accordance with the regulatory procedure with scrutiny referred to in Article [23(3)] those measures to provide that free allocation only takes place where this is fully justified in the light of that agreement.
Amendment 430 #
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 generators (other than those operating for self-supply of electricity to energy- intensive industries), to installations for the capture, pipelines for the transport or to storage sites for greenhouse gas emissions.
Amendment 473 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. The maximum amount of allowances that is the basis for calculating allocations for direct emissions to installations which are only included in the Community scheme from 2013 onwards shall not exceed, in 2013, the total verified average yearly direct 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 9Allocations to installations within sectors or sub-sectors which are determined to be at risk of carbon leakage as a consequence of the indirect effect of CO2 cost pass-through into electricity prices shall in addition to receiving allocations for direct emissions also receive allocations for indirect emissions in accordance with paragraphs 8 and 9 and Article 10b. For those sectors and sub-sectors not subject to the provisions of paragraphs 8 and 9 and Article 10b, in each subsequent year, the total allocation to such installations shall be adjusted by the linear factor referred to in Article 9. The maximum amount of allowances allocated for the CO2 pass-through cost in electricity prices for those sectors or sub- sectors at risk of carbon leakage that receive allocations for indirect emissions in accordance with paragraphs 8 and 9 and Article 10b shall be based on the average yearly verified electricity consumption of those installations in 2005 to 2007.
Amendment 487 #
Proposal for a directive – amending act
Article 1 – point 8
Article 1 – point 8
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 2
Article 10a – paragraph 6 – subparagraph 2
Amendment 534 #
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. In 2013 and in each subsequent year up to 2020, installations in sectors or sub- sectors which are exposed to a significant risk of carbon leakage shall be allocated allowances free of charge up to 100 percent of the quantity determined in accordance with paragraphs 2 to 6 and Article 10b.
Amendment 549 #
Proposal for a regulation – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10a - paragraph 9
Article 10a - paragraph 9
9. At the latest by 30 June 2010 and every 3 years thereafter[6 months after entry into force of this Directive] the Commission shall determine the sectors referred to in paragraph 8. 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)] and in consultation with the sectors concerned. 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 and the indirect effect of CO2 cost pass-through in power prices in product prices without significant loss of market share to less carbon efficient installations outside the Community, 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; (da) the effect of pass through of CO2 costs in electricity prices on the sector or sub-sector concerned. 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 installations concerned may inter alia be used.
Amendment 591 #
Proposal for a directive – amending act
Article 1 - point 8
Article 1 - point 8
Directive 2003/87/EC
Article 10b
Article 10b
Not later than June 20110, 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; - adjusting the number of allowances received free of charge to compensate for the indirect effect of passing through CO2 costs in electricity prices for those sectors determined in accordance with Article 10a(9) as being particularly impacted by this pass-through cost. The maximum amount of allowances allocated for the CO2 pass-through cost in electricity shall be based on the average yearly verified electricity consumption of those installations in 2005 to 2007 and the expected CO2 cost pass-through of those marginal power generation technologies setting electricity market prices and shall be additional to any free allocation for direct emissions, and which shall amend the provisions of Article 10a(7) accordingly. 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.
Amendment 723 #
Proposal for a directive – amending act
Article 1 - point 21
Article 1 - point 21
Directive 2003/87/EC
Article 27 - paragraph 1
Article 27 - paragraph 1
1. Member States may exclude, from the Community scheme, combustion installations which have a rated thermal input below 25MW, reported emissions to the competent authority of less than 1025 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the preceding 3 years, and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures that are in place, together with the approval of the owner of the installation confirming his wish to make use of the opt-out; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year; (c) it confirms that if any installation emits 1025 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the equivalent measures are no longer in place, the installation will be re-introduced into the system; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.
Amendment 797 #
Proposal for a directive – amending act
Annex I - point 3 - point (b) - point (ii)
Annex I - point 3 - point (b) - point (ii)
Directive 2003/87/EC
Annex I - table - category 2 - new paragraph 2
Annex I - table - category 2 - new paragraph 2
Production of aluminium (primary, and secondary where combustion installations with a rated thermal input exceeding 20 MW are operated)
Amendment 824 #
Proposal for a directive – amending act
Recital 3
Recital 3
(3) The European Council has made a firm commitment to reduce the overall greenhouse gas emissions of the Community by at least 20% below 1990 levels by 2020, and by 30% provided that other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries contribute adequately according to their responsibilities and respective capabilities. By 2050, global greenhouse gas emissions should be reduced by at least 50% below their 1990 levels. All sectors of the economy should contribute to achieving these emission reductions, including shipping and aviation. Aviation is contributing to the 20% and 30% reductions through its inclusion in the Community scheme. Subject to further examination by the Commission of the practicality of including shipping in the Community scheme and in the absence of a global Emission Trading Scheme through the International Maritime Organisation or UNFCCC mechanisms in the near future, consideration should be given to the inclusion of shipping in the Community scheme.
Amendment 825 #
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 (", establishing sector benchmarks"), in order to minimise distortions of competition with the Community. These rules should takeclearly set out the process establishing the sector benchmarks, as appropriate taking account of the most greenhouse gas and energy efficient techniques, substitutes, alternative production processes, use of biomass, renewables and greenhouse gas capture and storage. Any such rules should not give incentives to increase emissions and ensure that an increasing proportion of these allowances is auctioned. Allocations must be fixed prior to the trading period 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 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. Allowances which remain in the set-aside for new entrants in 2020 should be auctioned. In defining the principles for setting benchmarks in individual sectors, the Commission should consult with the sectors concerned.
Amendment 826 #
Proposal for a directive – amending act
Recital 19
Recital 19
(19) The Community will continue to take the lead in the negotiation of an ambitious international agreement that will achieve the objective of limiting global temperature increase to 2°C and is encouraged by the progress made in Bali towards this objective. In the event that other developed countries and other major emitters of greenhouse gases do not participate in this international agreement, this could lead to an increase in greenhouse gas emissions in third countries where industry would not be subject to comparable carbon constraints (“carbon leakage”), and at the same time could put certain energy- intensive sectors and sub-sectors in the Community which are subject to international competition at an economic disadvantage. This could undermine the environmental integrity and benefit of actions by the Community. To address the risk of carbon leakage, the Community will allocate allowances free of charge up to 100% of direct emissions to sectors or sub- sectors meeting the relevant criteria. The definition of these sectors and sub-sectors and the measures required will be subject to re-assessment to ensure that action is taken where necessary and to avoids overcompensation. For those specific sectors or sub-sectors where it can be duly substantiated that the risk of carbon leakage cannot be prevented otherwiseis also due to the pass-through of CO2 costs into power prices, where electricity constitutes a high proportion of production costs and is producused efficiently, the action taken may take into account theto mitigate the risk of carbon leakage in accordance with Article 10 should additionally take into account the indirect effect of CO2 price pass-through on electricity consumption in the production process, without chang and include this ing the total quantity of allowancesallocation to the sector or sub-sector.
Amendment 827 #
Proposal for a directive – amending act
Recital 20
Recital 20
(20) The Commission should therefore review the situation by June 20110 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[6 months after the date of entry into force of this Directive]. It should base its analysis on the assessment of the inability to pass on the cost of required allowances and the indirect effect of C02 cost pass- through in electricity prices 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 cshould for direct and if relevant indirect emissions receive a higher amount of free allocation or. For some sectors 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. It would also need to be in conformity with the international obligations of the Community including the WTO agreement.