14 Amendments of Jens GEIER related to 2021/0211(COD)
Amendment 78 #
Proposal for a directive
Recital 29
Recital 29
(29) Further incentives to reduce greenhouse gas emissions by using cost- efficient techniques should be provided. To that end, the free allocatCO2 emissions of emission allowances to stationary installations from 2026 onwards should be conditional on investments in techniques to increase energy efficiency and reducerecipients of free allowances will be brought inline with the EU's annual climate targets on the basis of 2026 (linear on the basis of 1990 to -55% in 2030 and -100% in 2050). Installations are excluded from the modification of definitions and system boundaries of emxissions. Ensuring that this is focused on larger energy users would result in a substantial reduction in burden for businesses with lower energy use, which may be owned by small and medium sized enterprises or micro-enterprises. [Reference to be confirmed with the revised EED]. The relevant delegated acts should be adjusted accordinglyting product benchmarks under the condition that the operators commit themselves to investments in decarbonisation measures inline with the afore-mentioned climate targets in a binding way. For installations that do not meet the annual CO2 reduction targets, the amount of free allocation of emission allowances should vary according to the implementation of a duly established climate-neutrality plan.
Amendment 82 #
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. The reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. Sufficient safeguards should nevertheless be provided for the products intended for exports and their producers. This percentage (CBAM factor) should be equal to 100 % during the transitional period between the entry into force of [CBAM Regulation] and 2025, 90 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation by the tenth year. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM, taking into account the need to maintain free allowances for the products that are exported to the third countries not having carbon-pricing mechanisms similar to the ETS or similar or equivalent to EU ETS . The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low and zero carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change and respecting the rules set in State Aid Guidelines. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non- CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 87 #
Proposal for a directive
Recital 30
Recital 30
(30) The Carbon Border Adjustment Mechanism (CBAM), established under Regulation (EU) […./..] of the European Parliament and of the Council51 , is an alternative to free allocation to address the risk of carbon leakage. To the extent that sectors and subsectors are covered by that measure, they should not receive free allocation. However, a transitional phasing-out of free allowances is needed to allow producers, importers and traders to adjust to the new regime. TIn order to make the CBAM retrievable, there will be a two- year review period followed by a report of the Commission. After positive assessment, the reduction of free allocation should be implemented by applying a factor to free allocation for CBAM sectors, while the CBAM is phased in. This percentage (CBAM factor) should be equal to 100 % during the transitional and the review period between the entry into force of [CBAM Regulation] and 20257, 9085 % in 2026 and should be reduced by 10 percentage points each year to reach 0 % and thereby eliminate free allocation8, 70% in 2029, 55% in 2030, 40% in 2031, 30% in 2032, 20% in 2033, 10% in 2034 and will reach 0 % by the tenth yeard of 2035. The relevant delegated acts on free allocation should be adjusted accordingly for the sectors and subsectors covered by the CBAM. The free allocation no longer provided to the CBAM sectors based on this calculation (CBAM demand) must be auctioned and the revenues will accrue to the Innovation Fund, so as to support innovation in low carbon technologies, carbon capture and utilisation (‘CCU’), carbon capture and geological storage (‘CCS’), renewable energy and energy storage, in a way that contributes to mitigating climate change. Special attention should be given to projects in CBAM sectors. To respect the proportion of the free allocation available for the non- CBAM sectors, the final amount to deduct from the free allocation and to be auctioned should be calculated based on the proportion that the CBAM demand represents in respect of the free allocation needs of all sectors receiving free allocation. _________________ 51 [please insert full OJ reference]
Amendment 101 #
Proposal for a directive
Recital 32
Recital 32
(32) A comprehensive approach to innovation is essential for achieving the European Green Deal objectives. At EU level, the necessary research and innovation efforts are supported, among others, through Horizon Europe, which include significant funding and new instruments for the sectors coming under the ETS. Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral. Consequently, the ETS Innovation Fund should seek synergies with Horizon Europe and, where relevant, with other Union funding programmes. The ETS Innovation Fund should boost growth and competitiveness by empowering EU businesses, in particular SMEs to become global technology leaders. The Fund should also support cross-cutting projects on innovative zero- carbon solutions to take off and reach the market, with the aim of leading to climate neutrality in various sectors, for example through new industrial ecosystems, promoting business model profitable for innovation. Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral. In order to maximise the benefits of the Fund, public and private sectors should contribute through increased investments and knowledge sharing.
Amendment 131 #
Proposal for a directive
Recital 42
Recital 42
(42) The exclusion of installations using exclusively biomass from the EU ETS has led to situations where installations combusting a high share of biomass have obtained windfall profits by receiving free allowances greatly exceeding actual emissions. Therefore, aA threshold value for zero-rated biomass combustion should be introduced above which installations may opt-out are excluded from the EU ETS. The threshold value of 95 % is in line with the uncertainty parameter set out in Article 2(16) of Commission Delegated Regulation (EU) 2019/33156 . _________________ 56 Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).
Amendment 257 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point a – point ii
Article 1 – paragraph 1 – point 12 – point a – point ii
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3
Article 10 – paragraph 1 – subparagraph 3
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions, scope and system boundaries of existing product benchmarks, ensuring that, depending on the benchmark, free allocation for the production of a product is independent of the feedstock or the type of production process, accounts for the circular use potential of materials, or avoids installations with partially or fully decarbonised processes being excluded from or prevented from participating in the benchmarks. They shall also reflect technological challenges, feasibility costs and business models.
Amendment 275 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 2
Article 10 a – paragraph 1 a – subparagraph 2
By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation inof reduced amounts until the full effectiveness of the CBAM in tackling the carbon leakage risk both on the EU market and on export markets is assessed and positively verified. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during the entry into force of [CBAM regulation] and the end of 2025, 90 % in 2026 and shall be reduced by 10 percentage points each year.The Commission shall submit to the European Parliament and to the Council, a detailed impact assessment on the effects of CBAM after two years CBAM entering into force and modify according findings the reduction rate to CBAM factor for years to follow and final year when to reach 0 % by the tenth yearimplementing act.
Amendment 282 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 3
Article 10 a – paragraph 1 a – subparagraph 3
The reduction of free allocation shall be calculated annually as the average share of the demand for free allocation for the production of products listed in Annex I of Regulation [CBAM] compared to the calculated total free allocation demand for all installations, for the relevant period referred to in Article 11, paragraph 1. The CBAM factor shall be applied. In order to ensure a level playing field, the first subparagraph is not applied to part of the EU production destined to the export to third countries without ETS or similar regulation. After two years CBAM entering into force the Commission will provide a detailed impact assessment of effects to the EU exports of CBAM sectors and development of global emissions. The commission shall consider an export adjustment mechanism that equalize the costs of CO2 with different pricing schemes of the third countries. All measures taken shall comply the WTO rules.
Amendment 290 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point c – point i
Article 1 – paragraph 1 – point 12 – point c – point i
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 3 – point c
Article 10 a – paragraph 2 – subparagraph 3 – point c
(c) For the period from 2026 to 2030, the benchmark values shall be determined in the same manner as set out in points (a) and (d) on the basis of information submitted pursuant to Article 11 for the years 2021 and 2022 and on the basis of applying the annual reduction rate in respect of each year between 2008 and 2028. When determining the annual reduction rate pursuant to the previous subparagraph, installations that were already operational in the period referred to in the first subparagraph of article 10a2 shall not be taken into account when such installations are added in the product benchmark curve as a result of the modification of benchmark definitions and system boundaries pursuant to Article 10a1(5).
Amendment 341 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 1 a – subparagraph 7
Article 10 a – paragraph 1 a – subparagraph 7
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the Innovation Fund, including the selection procedure and criteria, including the participation of SMEs, and the eligible sectors and technological requirements for the different types of support. In order to ensure a fair and just transition, the selection criteria shall take into consideration environmental and social safeguards, as a tool for the progressive integration of sustainable development for reaching the 2050 climate objectives.
Amendment 352 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point a
Article 1 – paragraph 1 – point 14 – point a
Directive 2003/87/EC
Article 10 d – paragraph 1 – subparagraph 1
Article 10 d – paragraph 1 – subparagraph 1
1. A fund to support investments proposed by the beneficiary Member States, including the financing of small- scale investment projects planned participating the social partners ensuring a just transition of workers, including in regions and municipalities and local communities, to modernise energy systems and improve energy efficiency and reduce greenhouse gas emissions shall be established for the period from 2021 to 2030 (the ‘Modernisation Fund’). The Modernisation Fund shall be financed through the auctioning of allowances as set out in Article 10, for the beneficiary Member States set out therein.
Amendment 362 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – introductory part
Article 10 d – paragraph 2 – introductory part
2. At least 8095 % of the financial resources from the Modernisation Fund shall be used to support investments in the following:
Amendment 372 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10 d – paragraph 2 – point e
Article 10 d – paragraph 2 – point e
(e) the support of low-income households, including in rural and remote areas, to address energy poverty and, to modernise their heating systems and to make the construction ecosystem more sustainable; and
Amendment 399 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
(15a) in Article 11, paragraph 1, the second subparagraph is amended as follows: A list of installations covered by this Directive for the five years beginning on 1 January 2021 shall be submitted by 30 September 2019, and lists for each subsequent period of five years shall be submitted every five years thereafter. For each allocation period beginning on 1 January 2026 and thereafter, free allocation shall be calculated according to the median of the activity level of the five calendar years referred to in the previous sentence. 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. Free allocations shall only be given to installations where such information is provided.