BETA

22 Amendments of Pablo ARIAS ECHEVERRÍA related to 2021/0211(COD)

Amendment 73 #
Proposal for a directive
Recital 17 a (new)
(17 a) Measures should be included in this Directive to prevent the carbon leakage produced as a result of more stringent rules applied in EU ports than in non-EU countries. Special attention needs to be paid to transhipment operations in non EU neighbouring ports, which could benefit from an unfair playing field if sufficient compensatory measures are not foreseen. This difference in the applicable rules would imply a shift in deep sea traffic towards ports outside the EU and would generate feeder ship traffic that only registers 50% of its emissions. The traffic – whose origin is at a neighbouring, non-EU transhipment port – should be treated as intra-EU traffic and ship-owners should acquire 100% of their emission rights when their ships are en route to an EU port. Also, a gradual phase-in for the emission trading system should be set for deep sea routes performing at least 30% of transhipment operations in EU ports.
2022/02/08
Committee: TRAN
Amendment 74 #
Proposal for a directive
Recital 17 b (new)
(17 b) Where necessary, the Commission should review Regulation 2015/757, to ensure that the information on the use of all types of alternative fuels, is available for the purpose of determining the amount of free allowances under the EU ETS.
2022/02/08
Committee: TRAN
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point v
(v) ‘shipping company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council(*); When the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed by a different entity pursuant to a contractual agreement, this entity shall be responsible under this contractual agreement to cover the costs arising from the implementation of this Directive. Operation of the ship for the purposes of this Article shall mean determining the cargo carried, the route or the speed of the ship.
2022/02/08
Committee: TRAN
Amendment 252 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z b (new)
(z b) “transhipment port” is the port where the movement of one type of cargo to be transhipped exceeds60 % of the total traffic of that port. Cargo, container or goods are transhipped when they are unloaded from the ship to the port for the sole purpose of loading them on another ship.
2022/02/08
Committee: TRAN
Amendment 253 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
(z a) “port of call” means the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, for the purpose of this directive stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops in a transhipment port of a non-EU neighbouring country and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
2022/02/08
Committee: TRAN
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z c (new)
(z c) “deep sea routes” are those shipping routes connecting two or more continents and performed by regular services covering more than 3 000 km long where ships would carry out transhipment operations at any port in its route. Such routes shall be incorporated in a list and reconsidered on an annual basis by the Commission.
2022/02/08
Committee: TRAN
Amendment 259 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z d (new)
(z d) "transhipment operation” is an operation in which any cargo, container or good is unloaded from a ship to the port for the sole purpose of loading it on another ship.
2022/02/08
Committee: TRAN
Amendment 261 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z e (new)
(z e) "Non-EU neighbouring countries" are all non-EU countries connected by the same sea basin to an EU Member State or adjacent to an EU Member State.
2022/02/08
Committee: TRAN
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point x
(x) ‘regulated entity’ for the purposes of Chapter IVa shall mean any natural or legal person, except for any final consumer of the fuels, that engages in the activity referred to in Annex III and that falls within one of the following categories: (i) tax warehouse as defined in Article 3(11) of Council Directive (EU) 2020/262(*), the authorised warehouse keeper as defined in Article 3(1) of that Directive, liable to pay the excise duty which has become chargeable pursuant to Article 7 of that Directive; (ii) other person liable to pay the excise duty which has become chargeable pursuant to Article 7 of Directive (EU) 2020/262 in respect of the fuels covered by this Chapter; (iii) applicable, any other person which has to be registered by the relevant competent authorities of the Member State for the purpose of being liable to pay the excise duty, including any person exempt from paying the excise duty, as referred to in Article 21(5), fourth sub-paragraph, of Council Directive 2003/96/EC(**); (iv) if points (i), (ii) and (iii) are not applicable, or if several persons are jointly and severally liable for payment of the same excise duty, any other person designated by a Member State . _________ (*) Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 058 27.2.2020, p. 4). (**) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283 31.10.2003, p. 51).deleted where the fuel passes through a if point (i) is not applicable, any if points (i) and (ii) are not
2022/02/08
Committee: TRAN
Amendment 278 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 a (new)
1 a. In order to prevent carbon leakage due to the relocation of transhipment operations from EU-ports to transhipment ports in non-EU neighbouring countries, the following rules shall apply: - In the case of voyages with departure in an EU Member State and arrival in a non-EU country or with departure in a non-EU country and arrival in an EU Member State, with a stop in a non-EU transhipment port, the allocation of allowances and surrender requirements shall apply in respect of one hundred percent (100%) of emission for the segment of the voyage between the EU Member State and the non-EU transhipment port, and fifty percent (50%) for the rest of the voyage; - In the case of voyages with origin in an EU Member State and arriving in another EU Member State, with a stop in a non- EU transhipment port, the allocation of allowances and surrender requirements shall apply in respect of one hundred percent (100%) of emissions for the whole voyage.
2022/02/08
Committee: TRAN
Amendment 306 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga a (new)
Article 3gaa Gradual phase-in for the maritime transport at risk of carbon leakage In order to avoid carbon leakage and traffic routes distorsion to non EU neighbouring for ships engaged in deep- sea routes performing at least 30% of transhipment operations in a call in a EU port, shipping companies shall be liable to surrender allowances according to the following schedule: (a) 15 % of verified emissions reported for 2023; (b) 28 % of verified emissions reported for 2024; (c), 40 % of verified emissions reported for 2025; (d), 52 % of verified emissions reported for 2026; (e), 64 % of verified emissions reported for 2027; (e), 76 % of verified emissions reported for 2028; (e), 88 % of verified emissions reported for 2029; (f) 100 % of verified emissions reported for 2030 and each year thereafter. To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years between 2023 and 2030 , and once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10.
2022/02/08
Committee: TRAN
Amendment 377 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point a new
(a a) An aircraft operator shall receive allowances free of charge proportional with the use of sustainable aviation fuels, including renewable fuels of non- biological origin. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to subpagraph (ab) of this Article
2022/02/08
Committee: TRAN
Amendment 378 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
(a b) The amount of allowances received free of charge by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: (a) By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. (b) By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. (c) By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive.
2022/02/08
Committee: TRAN
Amendment 379 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 a c new
(a c) An aircraft operator shall also receive allowances free of charge proportional with the use of best available aircraft technology in the previous year. (a) The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the EU taxonomy. Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance shall apply. (b) An operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year to the competent authorities. These shall request that the reported data is substantiated and verify the data. (c) To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology.
2022/02/08
Committee: TRAN
Amendment 401 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
(21) The following Chapter IVa is inserted after Article 30: “CHAPTER IVa EMISSIONS TRADING SYSTEM FOR BUILDINGS AND ROAD TRANSPORTdeleted [...]
2022/02/08
Committee: TRAN
Amendment 478 #
Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex III
“ANNEX III ACTIVITY COVERED BY CHAPTER IVa [...]deleted
2022/02/08
Committee: TRAN
Amendment 479 #
Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex IIIa
ANNEX IIIa ADJUSTMENT OF LINEAR REDUCTION FACTOR IN ACCORDANCE WITH ARTICLE 30c(2) […]deleted
2022/02/08
Committee: TRAN
Amendment 480 #
Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex IIIa – paragraph 1
1. If the average emissions reported under Chapter IVa for the years 2024 to 2026 are more than 2% higher compared to the value of the 2025 quantity defined in accordance with Article 30c(1), and if these differences are not due to the difference of less than 5% between the emissions reported under Chapter IVa and the inventory data of 2025 Union greenhouse gas emissions from UNFCCC source categories for the sectors covered under Chapter IVa, the linear reduction factor shall be calculated by adjusting the linear reduction factor referred to in Article 30c(1).deleted
2022/02/08
Committee: TRAN
Amendment 481 #
Proposal for a directive
Annex I – point 2
Directive 2003/87/EC
Annex IIIa – paragraph 2
2. The adjusted linear reduction factor in accordance with point 1 shall be determined as follows: [LRFadj = 100%* ( ( MRV[2024-2026] – ( MRV[2024-2026] + ( (ESR[2024] - 6*LRF2024*ESR2024) - MRV[2024-2026]) / 5) ) / MRV[2024-2026] ), where, LRFadj is the adjusted linear reduction factor; MRV[2024-2026] is the average of verified emissions under Chapter IVa for the years 2024 to 2026; ESR[2024] is the value of 2024 emissions defined in accordance with Article 30c(1) for the sectors covered under Chapter IVa; LRF2024 is the linear reduction factor referred to in Article 30c(1).]”deleted
2022/02/08
Committee: TRAN
Amendment 487 #
Proposal for a directive
Annex I – point 4
Directive 2002/87/EC
Annex IV – Part C
PART C — Verification of emissions corresponding to the activity referred to in Annex IIIdeleted
2022/02/08
Committee: TRAN
Amendment 489 #
Proposal for a directive
Annex – paragraph 1 – point c-point vii-table
Directive 2003/87/EC
ANNEX I – paragraph 1 – point c – point vii – table
“Maritime transport Greenhouse gases covered by Regulation (EU) 2015/757”; Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or cargo for commercial purposes This activity shall not include: (a) Voyages performed in the framework of a public service contract or subject to public service obligations in accordance with Regulation (EEC) Nº 3577/92; (b) Voyages to and/or from the outermost regions of the EU; (c) Voyages performed by a ship with total annual emissions lower than 10 000 tonnes per year; (d) Humanitarian voyages; (e) Search and rescue voyages or parts of normal voyages by ships where search and rescue activities had to be carried out; (f) Force majeure for all or part of the voyage; (g) Ships for civil protection and rescue.
2022/02/08
Committee: TRAN
Amendment 490 #
Proposal for a directive
Annex
Directive 2003/87/EC
Annex III - Table
ACTIVITY COVERED BY CHAPTER IVa Activity: Greenhouse gases 1. Release for consumption of fuels which are used for Carbon dioxide (CO2)”; combustion in the sectors of buildings and road transport. This activity shall not include: (a) the release for consumption of fuels used in the activities set out in Annex I to this Directive, except if used for combustion in the activities of transport of greenhouse gases for geological storage (activity row twenty seven); (b) the release for consumption of fuels for which the emission factor is zero. 2. The sectors of buildings and road transport shall correspond to the following sources of emissions, defined in 2006 IPCC Guidelines for National Greenhouse Gas Inventories, with the necessary modifications to those definitions as follows: (a) Combined Heat and Power Generation (CHP) (source category code 1A1a ii) and Heat Plants (source category code 1A1a iii), insofar as they produce heat for categories under (c) and (d) of this point, either directly or through district heating networks; (b) Road Transportation (source category code 1A3b), excluding the use of agricultural vehicles on paved roads; (c) Commercial / Institutional (source category code 1A4a); (d) Residential (source category code 1A4b).Deleted
2022/02/08
Committee: TRAN