76 Amendments of Kathleen VAN BREMPT related to 2015/0148(COD)
Amendment 56 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Council confirmed that a well-functioning, reformed EU ETS with an instrument to stabilise the market will be the main European instrument to achieve this target, with an annual reduction factor of 2.2% from 2021 onwards, free allocation not expiring but existing measures continuing after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies, without reducing the share of allowances to be auctioned. The auction share should be expressed as a percentage figure in the legislation, to enhance planning certainty as regards investment decisions, to increase transparency and to render the overall system simpler and more easily understandable. However, those orientations decided by the European Council may not be sufficient to fulfil the EU's commitments taken during the COP21, therefore an annual reduction factor of 2.4% is advisable.
Amendment 60 #
Proposal for a directive
Recital 4
Recital 4
(4) It is a key Union priority to establish a resilient Energy Union to provide secure, sustainable, competitive and affordable energy to its citizens. Achieving this requires continuation of ambitious climate action with the EU ETS as the cornerstone of Europe’s climate policy, and progress on the other aspects of Energy Union17. Implementing the ambition decided in the 2030 framework contributes to delivering a meaningful carbon price and continuing to stimulate cost-efficient greenhouse gas emission reductions. Regrets that the carbon price signal is right now too weak to induce low carbon investment in EU for industries. Whereas the EU is facing a serious investment leakage to third countries, whereas on the other hand a number of undertakings have been pursuing strategies focusing on short-term financial returns at the detriment of innovation, investments in R&D, employment and skills 'renewal; whereas production innovation has a positive effect on employment growth in all phases of the business cycle of industries; whereas involving workers in innovation and strategy definition is the best way to guarantee economic and environmental success. __________________ 17 COM(2015)80, establishing a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy
Amendment 85 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as thea transitional exception. Consequently, and as confirmed by the European Council, the share of allowances to be auctioned, which was 57% over the period 2013-2020, should not be reduced. The Commission's Impact Assessment18 provides details on the auction share and specifies that this 57% share is made up of allowances auctioned on behalf of Member States, including allowances set aside for new entrants but not allocated, allowances for modernising electricity generation in some Member States and allowances which are to be auctioned at a later point in time because of their placement in the Market Stability Reserve established by Decision (EU) 2015/… of the European Parliament and of the Council19 . __________________ 18 SEC(2015)XX SEC(2015)XX 19 Decision (EU) 2015/… of the European Parliament and of the Council of … concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC (OJ L […], […], p. […]).
Amendment 86 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Notes that the European Union is clear on its intention to maintain its Emissions Trading System (ETS) as the centrepiece of EU climate policy; Observe that the People’s Republic of China announced its plans for a national ETS to start in 2017; Considers that since January 2015, California and Quebec carbon markets have been linked; Emphasized that Korea launched a national ETS in 2015, becoming the first nation-wide trading program in Asia.
Amendment 87 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Whereas the EU industry is facing a race against time in order to regain its global competitiveness and capacity to invest in Europe and hence meet the social and environmental challenges it faces and which it must overcome while remaining a reference for the world in terms of the social and environmental responsibility of its operations;
Amendment 90 #
Proposal for a directive
Recital 7
Recital 7
(7) To preserve the environmental benefit of emission reductions in the Union while actions by other countries do not provide comparable incentives to industry to reduce emissions, free allocation should continue to installations in sectors and sub- sectors at genuine risk of carbon leakage. Experience gathered during the operation of the EU ETS confirmed that sectors and sub-sectors are at risk of carbon leakage to varying degrees, and that free allocation has prevented carbon leakage. While some sectors and sub-sectors can be deemed at a higher risk of carbon leakage, others are able to pass on a considerable share of the costs of allowances to cover their emissions in product prices without losing market share and only bear the remaining part of the costs so that they are at a low risk of carbon leakageThe aim of the free allocation is not to give operational subsidies to the firm but to incentivize and finance investments in mitigation technologies against climate change in the industry. The Commission should determine and differentiate the relevant sectors based on their trade intensity and their emissions intensity to better identify sectors at a genuine risk of carbon leakage. Where, based on these criteria, a threshold determined by at a genuine risk of carbon leakage. Where a certaking into account the respective possibility for sectors and sub-sectors concerned to pass on costs in product priceshold is exceeded, the sector or sub-sector should be deemed at risk of carbon leakage. Others should be considered at a low risk or at no risk of carbon leakage. Taking into account the possibilities for sectors and sub-sectors outside of electricity generation to pass on costs in product prices should also reduce windfall profits.
Amendment 91 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is important that the EU ETS, despite being the Union's primary tool for achieving the Union’s long-term climate and energy targets, should be complemented by equivalent additional actions taken in other legal acts and instruments dealing with greenhouse gas emissions from sectors not covered by the EU ETS, in order to honour the agreed commitment that all sectors of the economy contribute to the fulfilment of the target of reducing the overall greenhouse gas emissions of the Union by at least 40% below 1990 levels by 2030.
Amendment 94 #
Proposal for a directive
Recital 3
Recital 3
(3) The European Council confirmed that a well-functioning, reformed EU ETS with an instrument to stabilise the market will be the main European instrument to achieve this target, with an annual reduction factor of 2.2% from 2021 onwards, free allocation not expiring but existing measures continuing temporarily after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies, without reducing the share of allowances to be auctioned. The auction share should be expressed as a percentage figure in the legislation, to enhance planning certainty as regards investment decisions, to increase transparency and to render the overall system simpler and more easily understandable. However, in order to reflect the Paris Agreement, it is essential that the Union, as part of the international community, increases its efforts and commitment with a view to limiting the increase in the global average temperature to well below 2°C above pre- industrial levels as well as to pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, and therefore the annual reduction factor in the Phase IV of the EU ETS should increase to at least 2.4% by 2021.
Amendment 98 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The Union has both the responsibility and capability to act in a vigorous and cost-effective manner to mitigate climate change and honour the Paris Agreement to limit the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels. The environmental and socio- economic benefits for the Union to increase its efforts to mitigate climate change by far outweigh the costs which will inevitably incur for the Union if it fails to take sufficient action.
Amendment 112 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) Considers the necessity of enhanced transparency framework; requires new standards for reporting and review of all nations' climate efforts will provide a foundation for building confidence not only in nations' actions but also for the use of high-integrity carbon markets to drive the deep emissions reductions called for by science.
Amendment 121 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiawilly compensate, in accordance with state aid rulesthrough a centralized arrangement at European level, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. A harmonised system will therefore avoid competitive distortions in between Members States. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 137 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to make the EU ETS fit for the purpose of reducing emissions while stimulating low-carbon production and investments in phase IV, more stringent earmarking is necessary. Unless otherwise specified in this Directive, Member States should thus spend 100% of the auction revenues on climate actions listed in this Directive, and undertakings receiving allocations exceeding the actual size of their emissions should use these resources exclusively for investments in the decarbonisation of their production.
Amendment 143 #
Proposal for a directive
Recital 12
Recital 12
(12) The European Council confirmed that the modalities, including transparency, of the optional free allocation to modernise the energy sector in certain Member States should be improved. Investments with a value of €10 million or more should be selected by the Member State concerned through a competitive bidding process on the basis of clear and transparent rules to ensure that free allocation is used to promote real investments modernising the energy sector in line with the Energy Union objectives. The list of projects, both selected and not, should be public. Investments with a value of less than €10 million should also be eligible for funding from the free allocation. The Member State concerned should select such investments based on clear and transparent criteria set in this Directive. The results of this selection process should be subject to public consultation. The public should be duly kept informed at the stage of the selection of investment projects as well as of their implementation.
Amendment 144 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partially compensate, in accordance with state aid rulesFor the purpose of avoiding competitiveness distortions, Member States should partially compensate, through a centralised system at Union level, certain installations in sectors or sub- sectors which have been determined to be exposed to a significant risk of carbon leakage because of costs related to greenhouse gas emissions passed on in electricity prices. The Protocol and accompanying decisions adopted by the Conference of the Parties in Paris need to provide for the dynamic mobilisation of climate finance, technology transfer and capacity building for eligible Parties, particularly those with least capabilities. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues should also be used for climate financing actions in vulnerable third countries, including adaptation to the impacts of climate. The amount of climate finance to be mobilised will also depend on the ambition and quality of the proposed Intended Nationally Determined Contributions (INDCs), subsequent investment plans and national adaptation planning processes. Member States should also use auction revenues to promote skill formation and reallocation of labour affected by the transition of jobs in a decarbonising economy.
Amendment 153 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Whereas financial support for regions and sectors which depend on carbon-intensive activities will be essential to implementing a just transition in Europe. The impact of the energy transition on these regions and sectors has to be better assessed and taken into account especially considering the future of those workers who will be affected.
Amendment 155 #
Proposal for a directive
Recital 13
Recital 13
(13) EU ETS funding should be coherent with other Union funding programmes, including European Structural and Investment Funds, Horizon 2020 and the European fund for Strategic investments so as to ensure the effectiveness of public spending.
Amendment 156 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In line with the commitment of the co-legislators expressed in Directive 2009/29/EC of the European Parliament and of the Council1a and Decision No 406/2009/EC of the European Parliament and of the Council1b, all sectors of the economy should contribute to achieving these emission reductions, including international maritime shipping and aviation. Aviation is contributing to the reductions through its inclusion in the EU ETS. In the absence of an international agreement which includes international maritime emissions in its reduction targets through the International Maritime Organisation, the sector should be included under the ETS and a fund should be established for ship operators' contributions and collective compliance relating to carbon dioxide emissions already covered by the EU MRV system (emissions released in Union ports and during voyages to and from such ports). A share of revenues from the auction of allowances to the maritime sector should be used to improve energy efficiency and support investments in innovative technologies to reduce CO2 emissions in the maritime sector, including short sea shipping and ports.
Amendment 157 #
Proposal for a directive
Recital 11
Recital 11
(11) A Modernisation Fund should be established from 2% of the total EU ETS allowances, and auctioned in accordance with the rules and modalities for auctions taking place on the Common Auction Platform set out in Regulation 1031/2010. Member States who in 2013 had a GDP per capita at market exchange rates of below 60% below the Union average should be eligible for funding from the Modernisation Fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector in line with the Union 2030 and 2050 climate and energy goals, while avoiding distortions of the internal energy market. The rules for governing the Modernisation Fund should provide a coherent, comprehensive and transparent framework to ensure the most efficient implementation possible, taking into account the need for easy access by all participants. The function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds. That governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise of the EIB in the decision-making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the Modernisation Fund. Investments financed from the fund should be proposed by the Member States and all financing from the fund should comply with specific eligibility criteria. To ensure that the investment needs in low income Member States are adequately addressed, the distribution of funds will take into account in equal shares verified emissions and GDP criteria. The financial assistance from the Modernisation Fund could be provided through different forms.
Amendment 170 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) To increase the environmental benefits of emissions reductions in the Union without causing undesired social effects, financial support should be given to regions and sectors which depend on carbon-intensive activities, so as to enable a just and fair transition to a Union low- carbon society. The impact of the energy transition on such regions and sectors should be better assessed and taken into account, especially considering the future of those workers who will be affected by the transition to a Union low-carbon society.
Amendment 172 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
Amendment 176 #
Proposal for a directive
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
(-1) In Article 2.1 "scope" the following sentence is added Emissions from maritime transport shall be covered as set out in Chapter IVa.
Amendment 178 #
Proposal for a directive
Article 1 – point -1 (new)
Article 1 – point -1 (new)
Directive 2003/87/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
(-1) In Article 2, paragraph 1 is replaced by the following: '1. This Directive shall apply to emissions from the activities listed in Annex I and greenhouse gases listed in Annex II. Emissions from maritime transport shall be covered by the scope of this Directive as set out in Chapter IVa.'
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Article 9 paragraph 2
Article 9 paragraph 3
Starting in 2021, the linear factor shall be 2.24%.
Amendment 217 #
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 2003/87/EC
Article 9 – paragraphs 2 and 3
Article 9 – paragraphs 2 and 3
Starting in 2021, the linear factor shall be 2.24%.
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b a (new)
Article 1 – paragraph 1 – point 4 – point b a (new)
(ba) paragraph 3 is amended as follows: Member States shall determine the use of revenues generated from the auctioning of allowances, within the frame set hereafter. At least 80% of the revenues generated from the auctioning of allowances referred to in paragraph 2, including all revenues from the auctioning referred to in paragraph 2, points (b) and (c), or the equivalent in financial value of these revenues, shall be used for one or more of the following:
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b b (new)
Article 1 – paragraph 1 – point 4 – point b b (new)
Article 10
Paragraph 3 (a)
(bb) In paragraph 3, the point (a) is modified as follows: to reduce greenhouse gas emissions, including by contributing to the Global Energy Efficiency and Renewable Energy Fund, to the Adaptation Fund as made operational by the Poznan Conference on Climate Change (COP 14 and COP/MOP 4) and to the Green Climate Fund; to adapt to the impacts of climate change and to fund research and development as well as demonstration projects for reducing emissions and for adaptation to climate change, including participation in initiatives within the framework of the European Strategic Energy Technology Plan and the European Technology Platforms;
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b c (new)
Article 1 – paragraph 1 – point 4 – point b c (new)
Article 10
Paragraph 3 (b)
(bc) In paragraph 3, the point (b) is modified as follows: to develop renewable energies to meet the engagements of using 30 % renewable energies by 2030, as well as to develop other technologies contributing to the transition to a safe and sustainable low- carbon economy and to help meet the engagements to increase energy efficiency by 40 % by 2030;
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b d (new)
Article 1 – paragraph 1 – point 4 – point b d (new)
Article 10
Paragraph 3 (e)
(bd) In paragraph 3, the point (e) is complemented as follows: the environmentally safe capture and re- use of CO2 (CCU).
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Article 10
Paragraph 3 (j)
Amendment 244 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Article 10
Paragraph 3 point m (new)
(la) measures which favour the recycling of base materials as a part of the circular economy;
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 10
Paragraph 3 new subparagraph
(ca) In paragraph 3, the following subparagraph is added at the end: The abovementioned report made by Member-States to the Commission creates an inventory of the use of revenues and actions taken pursuant to this paragraph which is made public.
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
(da) A new paragraph 5b is added as follows: "The Commission shall publish every two years a report on the pass through of the costs of allowances in the product prices. This shall be done for the most relevant sectors and subsectors, also in relation to the evolution of their market shares."
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 1 – paragraph 1 – point 4 – point d a (new)
Article 10
Paragraph 5
(da) Paragraph 5 is complemented as follows: Refers in this regard to the obligation bore by Member States to inform the Commission as to the use of ETS revenues; underlines that increased transparency would help citizens see how ETS revenues are being used by national authorities.
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d b (new)
Article 1 – paragraph 1 – point 4 – point d b (new)
Article 10
Paragraph 5a
(db) A new paragraph 5a is added: The Commission shall build a database providing information on the carbon content of products made by the industry covered by the ETS.
Amendment 259 #
Proposal for a directive
Article 1 – point 4 – point b – point ii
Article 1 – point 4 – point b – point ii
Directive 2003/87/EC
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
'(b) 10% of the total quantity of allowances to be auctioned being distributed amongst certain Member States for the purpose of solidarity and grset aside for the creation of a Just Transition Fund as a complement to the European Regional Development Fund and the European Social Fund. The revenues of these auctions shall remain at the Union level, with the goal to use them for cushioning the social impact of the climate policies required in order to enable the necessary transition to a low- carbon society in regions which combine a high share of workers in carbon- dependent sectors and a GDP per capita well below th within the Community, thereby increasing the amount of allowances that those Member States auce Union-average. These auctioning revenues aimed at just transition shall be used in one or several of the following ways, while fully complying with the fundamental rights of non-discrimination and gender-equality: - creating redeployments and/or mobility cells; - education/training initiatives to re- skill or upskill workers; - support in job search, including paid time-off to search for jobs; - social protection measures; - subsistence allowances; - business creation; and - monitoring and pre-emptive measures to avoid or minimise the negative impact of restructuring process on physical and mental health. The core activities to be financed by the Just Transition Funder point (a) by the percentages specified in Annex IIa."; and' are strongly related to the labour market and therefore social partners shall be actively involved in the fund management – on the model of the ESF committee – and the participation of local social partners shall be a key requirement for projects to receive funding.'
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point d d (new)
Article 1 – paragraph 1 – point 4 – point d d (new)
Article 10
Paragraph 6 (new)
(dd) A new paragraph 6 is added: "Every two years Member States shall communicate to the Commission the closures of electricity generation capacity due to national measures. The Commission shall calculate the equivalent number of allowances that these closures represent. Member States may surrender a corresponding volume of allowances and place them into the MSR."
Amendment 264 #
Proposal for a directive
Article 1 – point 4 – point b b (new)
Article 1 – point 4 – point b b (new)
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Article 10a
Paragraph 1 Subparagraph 2
The Commission shall be empowered to adopt a delegated act in accordance with Article 23. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operationchanges. Any 10% increase or decrease in production expressed as a rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11 should be adjusted with a corresponding amount of allowances by placing allowances into and releasing allowances from the reserve referred to in paragraph 7.
Amendment 276 #
Proposal for a directive
Article 1 – point 4 – point c
Article 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – point j
Article 10 – paragraph 3 – point j
Amendment 294 #
Proposal for a directive
Article 1 – point 4 – point d c (new)
Article 1 – point 4 – point d c (new)
Directive 2003/87/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
(dc) paragraph 5 is replaced by the following: '5. The Commission shall monitor the functioning of the European carbon market. Each year, it shall submit a report to the European Parliament and to the Council on the functioning of the carbon market including the implementation of the auctions, liquidity and the volumes traded. The report shall address the interaction of the EU ETS and other climate-energy policies at the Union and national levels, and shall transparently analyse the implications of various policies on the level of demand for EU ETS allowances and its consequences on the supply- demand balance in the carbon market as well as the compliance with the Union's 2030 and 2050 climate and energy goals. If necessary, Member States shall ensure that any relevant information is submitted to the Commission at least two months before the Commission adopts the report.'
Amendment 300 #
Proposal for a directive
Article 1 – point 4 – point d e (new)
Article 1 – point 4 – point d e (new)
Directive 2003/87/EC
Article 10 – paragraph 5 b (new)
Article 10 – paragraph 5 b (new)
(de) the following paragraph is added: '5b The Commission shall publish every two years a report on the pass- through of the costs of allowances in the product prices. This shall be done for the sectors and subsectors for which the Commission finds that there are good reasons to assess whether a non- negligible share of pass-through is possible, also in relation to the evolution of their market shares.'
Amendment 302 #
Proposal for a directive
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
Article 10a – paragraph 1 – subparagraph 2
The Commission ishall be empowered to adopt a delegated act in accordance with Article 23 to supplement this directive. This act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operationchanges. Any 10% increase or decrease in production expressed as a rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with Article 11 shall be adjusted with a corresponding amount of allowances by placing allowances into and releasing allowances from the reserve referred to in paragraph 7.
Amendment 337 #
Proposal for a directive
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 2003/87/EC
Article 10a – paragraph 2 – subparagraph 3 – point i
Article 10a – paragraph 2 – subparagraph 3 – point i
(i) On the basis of informationverified production, emissions and other necessary data submitted pursuant to Article 11, the Commission shall identify whether the values for each benchmark calculated using the principles in Article 10a differ from the annual reduction referred to above by more than 0.5% of the 2007-8 value higher or lower annually. If so, that benchmark value shall be adjusted either 0.5% or 1.5% in respect of each year between 2008 and the middle of the period for which free allocation is to be made;. For sectors with unavoidable process emissions and where the real production and efficiency data submitted pursuant to Article 11 show annual reductions below 0,25% in respect of each year between 2008 and the middle of the period for which free allocation is to be made, the benchmark value shall be adjusted by 0,25%. Correspondingly, for sectors where the real production and efficiency data submitted pursuant to Article 11 show annual reductions above 1,5% in respect of each year between 2008 and the middle of the period for which free allocation is to be made, the benchmark value shall be adjusted by 1,75%.
Amendment 363 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
2008/87/EC
Article 10a – paragraph 6
Article 10a – paragraph 6
Amendment 379 #
Proposal for a directive
Article 1 – point 5 – point d
Article 1 – point 5 – point d
Directive 2003/87/EC
Article 10a – paragraph 6 – subparagraph 1
Article 10a – paragraph 6 – subparagraph 1
Amendment 447 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article 10a
Paragraph 8
The Commission shall be empowered to adopt a delegated act in accordance with Article 23, taking due account of the following principles: - Projects should focus on research and innovation for the design and development of breakthrough solutions and implementation of demonstration programmes, including in real industrial environments; - Projects should deliver ambitious reduction in specific GHG emission intensity of at least 20%, with respect to the best available technologies; - The activities should run close-to-market in production plants to demonstrate the viability of breakthrough technologies in overcoming the technological as well as non-technological barriers; - Projects should address technological solutions that could have widespread applications and may combine different technologies; - Solutions and technologies should ideally have the potentials to be transferred within the sector and possibly to other sectors.
Amendment 449 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Article 10a
Paragraph 8 last subparagraph
The last subparagraph of paragraph 8 is modified as follows: Allowances shall be set aside for the projects that meet the criteria referred to in the third subparagraph. Support for these projects shall be given via Member States and shall be complementary to substantial co-financing by the operator of the installation. They could also be co- financed by the Member State concerned, as well as by other instruments and programmes such as EFSI and H2020. No project shall receive support via the mechanism under this paragraph that exceeds 15 % of the total number of allowances available for this purpose. These allowances shall be taken into account under paragraph 7. Monetisation of allowances shall start only in 2022 and be made gradual throughout Phase IV.
Amendment 492 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices, and shall not be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 508 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
3. Other sectors and sub-sectors are considered to be able to pass on more of the cost of allowances in product prices,not at risk of carbon leakage and shall not be allocated allowances free of charge for the period up to 2030 at 30% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 519 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 1
Article 10c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in €EUR at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity productiongenerators for the modernisation and diversification of the energy sector. This derogation shall end after 2030.
Amendment 539 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2008/87/EC
Article 10 c – paragraph 1
Article 10 c – paragraph 1
1. By derogation from Article 10a(1) to (5), Member States which had in 2013 a GDP per capita in € at market prices below 60% of the Union average may give a transitional free allocation to installations for electricity and district heat production for the modernisation of the energy sectorzation, diversification and sustainable transformation of the energy sector. This derogation shall end after 2030.
Amendment 543 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1– point b
Article 10c – paragraph 2 – subparagraph 1– point b
(b) ensure that only projects which contribute to the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production, including district heating, transmission and distribution sectors are eligible to bid;
Amendment 550 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1 – point c – point i
Article 10c – paragraph 2 – subparagraph 1 – point c – point i
(i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions, while fully complying with Annexes I and II of the European Investment Bank Climate Strategy;
Amendment 557 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 2003/87/EC
Article 10c – paragraph 2 – subparagraph 1– point c – point iii b (new)
Article 10c – paragraph 2 – subparagraph 1– point c – point iii b (new)
(iiib) do not contribute to any coal-fired energy generation capacity nor increase coal-dependency.
Amendment 562 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (b)
(b) ensure that only projects which contribute to the diversification of their energy mix and sources of supply, the necessary restructuring, environmental upgrading and retrofitting of the infrastructure, clean technologies and modernisation of the energy production, transmission and distribution sectors, as well as energy efficiency and energy storage are eligible to bid;
Amendment 574 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
2008/87/EC
Article 10 c – paragraph 2 c – point i
Article 10 c – paragraph 2 c – point i
(i) on the basis of a societal cost- benefit analysis, ensure a net positive gain in terms of emission reductionincorporating the external costs of CO2 emissions as set out by the EIB in Annex II of its Climate Strategy adopted on 22nd September 2015, ensure a net positive result and realise a pre-determined significant level of CO2 reductions;
Amendment 576 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (i)
(i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions, in line with Annexes I and II of the European Investment Bank Climate Strategy;
Amendment 580 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (ii)
(ii) are additional, clearly respond to replacement and modernisation needs and do not supply a market-driven increase in energy demand and were not included in the national investment plan for phase 3;
Amendment 593 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (iv) (new)
(iv) promote community-driven integrated approaches;
Amendment 594 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 10 c
Paragraph 2 (c) (v) (new)
(v) do not contribute to new coal-fired energy generation capacity nor increase coal-dependency;
Amendment 597 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 1 – subparagraph 2 a (new)
Article 10d – paragraph 1 – subparagraph 2 a (new)
The investments supported shall follow the same criteria as set out in Article 10c, in particular: (i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emissions reduction and realise a pre-determined significant level of CO2 reductions, in line with Annexes I and II of the European Investment Bank Climate Strategy; (ii) are additional, clearly respond to replacement and modernisation needs and do not supply a market-driven increase in energy demand and were not included in the national investment plan for the third trading period; (iii) offer best value for money; (iv) promote community-driven integrated approaches; (v) do not contribute to any coal-fired energy generation capacity nor increase coal-dependency;
Amendment 603 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 2
Article 10d – paragraph 2
2. The fund shall also finance small- scale investment projects in the modernisation of energy systems and energy efficiency. To this end, the investment board shall develop guidelines and investment selection criteria specific to such projects in line with the objectives of the fund and with the criteria set in paragraph 1 of this Article.
Amendment 612 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 2003/87/EC
Article 10d – paragraph 3 a (new)
Article 10d – paragraph 3 a (new)
3a. Any beneficiary Member State which has decided to grant transitional free allocation pursuant to Article 10c may transfer those allowances to its share of the Modernisation Fund set out in Annex IIb and allocate them pursuant to the provisions of Article 10d.
Amendment 625 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
The investments supported shall be proposed by beneficiary Member States and be consistent with the aims and criteria of this Directive and of the European Fund for Strategic Investments, as well as with the global EU energy and climate goals for 2030 and 2050.
Amendment 630 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Article 10 d
Paragraph 1 – subparagraph 3 (new)
They should follow the same criteria as in Article 10c, in particular: (i) on the basis of a cost-benefit analysis, ensure a net positive gain in terms of emission reduction and realise a pre- determined significant level of CO2 reductions, in line with Annexes I and II of the European Investment Bank Climate Strategy; (ii) are additional, clearly respond to replacement and modernisation needs and do not supply a market-driven increase in energy demand and were not included in the national investment plan for phase 3; (iii) offer best value for money; (iv) promote community-driven integrated approaches; (v) do not contribute to new coal-fired energy generation capacity nor increase coal-dependency;
Amendment 655 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Article 10 d
Paragraph 3 a (new)
3a. A new paragraph 3a is added: Any beneficiary Member State which have chosen to grant transitional free allocation pursuant to Article 10c may transfer these allowances to its share of the Modernisation Fund set out in Annex IIb and allocate them pursuant to the provisions of Article 10d.
Amendment 709 #
Proposal for a directive
Article 1 – point 22 e (new)
Article 1 – point 22 e (new)
Directive 2003/87/EC
Article 29
Article 29
(22e) Article 29 is amended as follows: 'Report to ensure the better functioning of the carbon market If, on the basis of the regular reports on the carbon market referred to in Article 10(5), the Commission has evidence that the carbon market is not functioning properly, it shall submit a report to the European Parliament and to the Council. The report shall include a section dedicated to the interaction between the EU ETS and other Union and national policies, as regards the volumes of emission reductions and the cost-effectiveness of such policies. The report may be accompanied, if appropriate, by proposals aiming at increasing transparency of the carbon market, and addressing measures to improve its functioning and capacity to contribute to reaching the Union's 2030 and 2050 climate and energy goals.'
Amendment 716 #
Proposal for a directive
Article 1 – point 22 g (new)
Article 1 – point 22 g (new)
Directive 2003/87/EC
Chapter IV a (new)
Chapter IV a (new)
Amendment 717 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
(7a) The following Article 10e is inserted: Article 10e Just Transition Fund A Just Transition Fund is created as of 2021 as a complement to the European Regional Development Fund and the European Social Fund; it is funded through the pooling of 2% of the auctioning revenues. The revenues of these auctions would remain at the EU level, with the goal to use them for cushioning the social impact of climate policies in regions which combine a high share of workers in carbon-dependent sectors and a GDP per capita well below the EU-average. These auctioning revenues aimed at just transition can be put to use in different ways: - Creating redeployments and/or mobility cells - Education/Training initiatives to re-skill or upskill workers - Support in job search, including paid time-off to search for jobs - Social protection measures - Subsistence allowances - Business creation - Monitoring and pre-emptive measures to avoid or minimise the negative impact of restructuring process on physical and mental health. The core activities to be financed by a Just Transition Fund being strongly related to the labour market, social partners should be actively involved into the fund management – on the model of the ESF committee – and the participation of local social partners should be a key requirement for projects to get funding.
Amendment 718 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Article 11
Paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the five years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent five years shall be submitted every five years thereafter. Each list shall include information on production activity, transfers of heat and gases, electricity production and emissions at sub- installation level over the five calendar years preceding its submission. Production activity shall be updated yearly in order to allow for a more dynamic allocation. Free allocations shall only be given to installations where such information is provided.
Amendment 746 #
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Article 1 – paragraph 1 – point 13 a (new)
(13 a) In article 15a, the following paragraph is added: Allowances have to be published on the operators' annual accounts and the European Union encourages the resumption of work on an international accounting standard in this field.
Amendment 763 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
(22a) CHAPTER IVa (NEW) MARITIME SECTOR
Amendment 764 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 b (new)
Article 1 – paragraph 1 – point 22 b (new)
(22b) Article 30 a (new) Scope 1. The provisions of this Chapter shall apply to the allocation and issue of allowances in respect of carbon dioxide (CO2) emissions from ships arriving at, within or departing from ports under the jurisdiction of a Member State in accordance with the provisions laid down in Regulation (EU) 2015/757, starting from 1.1.2021. 2. Articles 12 and 16 shall apply to the maritime activities in the same manner as to other activities.
Amendment 765 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 c (new)
Article 1 – paragraph 1 – point 22 c (new)
(22c) Article 30b Extra allowances for maritime sector 1. By 2 August 2018, the Commission shall adopt delegated acts in accordance with Article 23 to set the total quantity of allowances in line with other sectors and the method of allocation of allowances for the maritime sector through auctioning and the special provisions with regard to the administering Member State. 2. Twenty percent of the revenues generated from the auctioning of allowances referred to in article 30c shall be used through the fund established under article 30c ('Maritime Climate Fund') to improve energy efficiency and support investments in innovative technologies to reduce CO2 emissions in the maritime sector, including short sea shipping and ports.
Amendment 766 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 d (new)
Article 1 – paragraph 1 – point 22 d (new)
Amendment 767 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 e (new)
Article 1 – paragraph 1 – point 22 e (new)
(22e) Article 30d International cooperation In the event that an international agreement on global measures to reduce GHG emissions from maritime transport is reached, the Commission shall review this Directive and shall, if appropriate, propose amendments in order to ensure alignment with that international agreement.