22 Amendments of Jan HUITEMA 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 307 #
Proposal for a regulation
Recital 17
Recital 17
(17) The GHG emissions to be regulated by the CBAM should correspond to those GHG emissions covered by Annex I to the EU ETS in Directive 2003/87/EC, namely carbon dioxide (‘CO2’) as well as, where relevant, nitrous oxide (‘N2O’) and perfluorocarbons (‘PFCs’). The CBAM should initially apply to direct emissions of those GHG from the production of goods up to the time of import into the customs territory of the Union, and after the end of a transition period and upon further assessment, as well to indirect emissions, mirroring the scope of the EU ETS.
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 358 #
Proposal for a regulation
Recital 28
Recital 28
(28) Whilst the ultimate objective of the CBAM is a broad product coverage, it would be prudent to start with a selected number of sectors with relatively homogeneous products where there is a risk of carbon leakage. Before the end of the transition period, the Commission should propose to extend the scope of this regulation to other products than those listed in Annex I, including but not limited to downstream products, as well as the components of finished products that use products covered by this Regulation. Union sectors deemed at risk of carbon leakage are listed in Commission Delegated Decision 2019/70842 . __________________ 42Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, p. 2).
Amendment 500 #
Proposal for a regulation
Recital 54
Recital 54
(54) The Commission should strive to engage in an even handed manner and in line with the international obligations of the EU, with the third countries whose trade to the EU is affected by this Regulation, to explore possibilities for dialogue and cooperation with regard to the implementation of specific elements of the Mechanism set out this Regulation and related implementing acts. It should also explore possibilities for concluding agreements to take into account their carbon pricing mechanism, provided this mechanism is based on equivalent standards, reduction targets and carbon cost constraints.
Amendment 508 #
Proposal for a regulation
Recital 54 a (new)
Recital 54 a (new)
(54a) The Commission should actively pursue the establishment of an international “Carbon club” for ensuring continuous exchange in good faith with the Union’s trade partners. This should be an open non-exclusive international forum, which could be located under an appropriate multilateral organisation such as the WTO or the relevant and open body of the OECD for instance. Its objective should be to allow for the comparison and coordination of carbon pricing measures as well as non-carbon pricing measures with an impact on emission reduction. The Carbon club should also support the comparability of climate measures by ensuring the quality of climate monitoring, reporting and verification among its members. Membership of the club should be informal, open and on a voluntary basis for countries aiming at high climate ambition in line with the Paris Agreement. Given that the CBAM is a first-of-a-kind measure, which is meant to be a cooperative tool designed to fight carbon leakage, such a Carbon club will provide the means for engagement and transparency between the and its trade partners.
Amendment 530 #
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) It is crucial that a level playing field in internationally operating sectors such as aviation and the maritime industry is ensured. For aviation, this concerns routes with a high share of connecting passengers to destinations outside the EEA. For the maritime sector, ship hulls and other shipbuilding equipment built outside the Union are sensitive to a potential competitive disadvantage. Both sector’s specificities will need to be considered. Therefore, the Commission should explore mechanisms to mitigate potential competitive distortion between feeder flights from EU and non- EU hubs as well as between EU and third country shipbuilding players.
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 577 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. By 30 June 2025, the Commission shall adopt a delegated act in accordance with Article 28 supplementing this Regulation by amending Annex I to establish a timeline for the gradual inclusion of all goods at risk of carbon leakage for which the production is covered in the EU ETS, starting from 1 January 2026 and ending on 1 January 2030 at the latest, giving priority to the sectors most exposed to carbon leakage.
Amendment 632 #
Proposal for a regulation
Article 2 – paragraph 12
Article 2 – paragraph 12
12. The Union, may conclude agreements with third countries with a view to take account of carbon pricing mechanisms in these countries in the application of Article 9, provided these mechanisms are based on equivalent standards, reduction targets and carbon cost constraints.
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 728 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The authorised declarant shall ensure that the total embedded emissions declared in the CBAM declaration submitted pursuant to Article 6 and Article 35 are verified by a verifier accredited pursuant to Article 18, based on the verification principles set out in Annex V.
Amendment 729 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The CBAM report submitted by companies shall be verified according to this Article.
Amendment 754 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The authorised declarants shall keep records of the documentation, certified by an independent person, verifier accredited pursuant to Article 18 of this Regulation. The accredited verifier shall be required to demonstrate that the declared embedded emissions were subject to a carbon price in the country of origin of the goods and keep evidence of the proof of the actual payment for that carbon price which should not have been subject to an export rebate or any other form of compensation on exportation.
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 878 #
Proposal for a regulation
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) the declarant has not been involved in practices of circumvention in accordance with Article 27.
Amendment 1110 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall collect the information necessary with a view to extending the scope of this Regulation to indirect emissions and goods other, transportation services such as air transport, manufacturing of transport equipment such as ship hulls and floating structures, and other goods than those listed in Annex I, and develop methods of calculating embedded emissions based on environmental footprint methods.
Amendment 1139 #
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Before the end of the transitional period, the Commission shall present a report, based on the information collected under paragraph 1, to the European Parliament and the Council on the application of this Regulation. The report shall contain, in particular, the assessment of the possibilities to further extend the scope of embedded emissions to indirect emissions and to other goods at risk of carbon leakage than those already covered by this Regulation, as well as an assessment of the governance system. It shall also contain the assessment of the possibility to further extend the scope to embedded emissions of transportation services as well asf the assessment shows that other sectors need to be included in the scope of this Regulation to goods further down the value chain and transportation services that may be subject to the risk of carbon leakage in the future, the report by the Commission shall be accompanied by a legislative proposal to extend the scope to these sectors.
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 1200 #
Proposal for a regulation
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1a. Installations that produce goods covered by this Regulation shall, upon request, receive the amount of free allocations corresponding to the emissions resulting from the quantity of goods it exports to third countries, subject to a benchmark based on the 10% most efficient installations as laid down in Article 10a of Directive 2003/87/EC. The request for free allocations shall solely be honoured in compliance with WTO law and only with the purpose to prevent carbon leakage. The amount of free allocations of EU ETS allowances shall never exceed current levels in order to safeguard the EU's decarbonisation efforts.
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: