33 Amendments of Lorenzo FONTANA related to 2015/0148(COD)
Amendment 71 #
Proposal for a directive
Recital 6
Recital 6
(6) The auctioning of allowances remains the general rule, with free allocation as the 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 should remain the general rule, with free allocation as the exception. __________________ 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 113 #
Proposal for a directive
Recital 9
Recital 9
(9) Member States should partiafully compensate, in accordance with state aid rules, 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 inthrough to 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 capabilitiesMember States should use auction revenues to promote skill formation, reallocation and social protection schemes of labour affected by the transition of jobs in a decarbonising economy. Public sector climate finance will continue to play an important role in mobilising resources after 2020. Therefore, auction revenues shcould 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 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3a (new)
Article 10 – paragraph 1 – subparagraph 3a (new)
Up to 400 million allowances shall be auctioned to establish a fund to support innovation in low-carbon technologies as set out in Article 10a(8) of this Directive ("the Innovation Fund").
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c – introductory part
Article 1 – paragraph 1 – point 4 – point c – introductory part
(c) in paragraph 3, the following points (j), (k) and (l) are addedthe first subparagraph of paragraph 3 is replaced by the following:
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1
Article 10 – paragraph 3 – subparagraph 1
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1 – point l
Article 10 – paragraph 3 – subparagraph 1 – point l
(l) to promote skill formation and reallocation, reallocation and social protection schemes of labour affected by the transition of jobs in a decarbonising economy in close coordination with the social partners.
Amendment 245 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c a (new)
Article 1 – paragraph 1 – point 4 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 1a (new)
Article 10 – paragraph 3 – subparagraph 1a (new)
Amendment 267 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Directive 2003/87/EC
Article 10a – paragraph 1 – subparagraph 2
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 operationa production threshold of 15%.
Amendment 302 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 3
Article 10 a – paragraph 2 – subparagraph 3
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits as well as undue carbon costs of most efficient installations and reflect technological progress in the period between 2007-8 and each later period for which free allocations are determined in accordance with Article 11(1). This adjustment shall reduce the benchmark values set by the act adopted pursuant to Article 10a by 1% of the value that was set based on 2007-8 data in respect of each year between 2008 and the middle of the relevant period of free allocation, unless:
Amendment 332 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2003/87/EC
Article 10 a – paragraph 2 – subparagraph 3 – point ii a (new)
Article 10 a – paragraph 2 – subparagraph 3 – point ii a (new)
(iia) Applicants demonstrate that even most efficient installations of a sector or sub-sector may face undue carbon costs, because, even when applied to their real production, the amount of allowances which a specific benchmark value allows to allocate, does not meet their needs. If so, that benchmark value shall be adjusted to meet the needs of the most efficient installations of a sector or sub- sector concerned, but not more than by 20%.
Amendment 344 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2003/87/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
In order to respect the auctioning share set out in Article 10, the sum of free allocations in every year where the sum of free allocations does not reach the maximum level that respects the Member State auctioning share, the remaining allowances up to that level shall be used to prevent or limit reduction of free allocations to respect the Member State auctioning share in later years. Where, nonetheless, the maximum level is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform manner.
Amendment 358 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d – introductory part
Article 1 – paragraph 1 – point 5 – point d – introductory part
(d) the first subparagraph of paragraph 6 is replaced by the following:
Amendment 372 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d
Article 1 – paragraph 1 – point 5 – point d
Directive 2003/87/EC
Article 10a – paragraph 6
Article 10a – paragraph 6
Member States shouldall adopt financial measures in favour of sectors or sub- sectors or individual installations which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on inthrough to electricity prices, taking into account any effects on the internal market. Sin a technology-neutral manner. State aid rules and the Stability and Growth Pact shall not apply to such financial measures to compensate part100% of these costs shall be in accordance with state aid rules.
Amendment 396 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i
Article 1 – paragraph 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1 – first sentence
Article 10a – paragraph 7 – subparagraph 1 – first sentence
Allowances from the maximum amount referred to Article 10a(5) of this Directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases, together with 250 million allowances placed in the market stability reserve by 31 December 2020 pursuant to Article 1(3) of Decision (EU) 2015/…... of the European Parliament and of the Council(*).
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point e – point i
Article 1 – paragraph 1 – point 5 – point e – point i
Directive 2003/87/EC
Article 10a – paragraph 7 – subparagraph 1 – second sentence
Article 10a – paragraph 7 – subparagraph 1 – second sentence
From 2021, allowances not allocated to installations because of the application of paragraphs 19 and 20 shall be added to the reserve for new entrants and production increases.
Amendment 413 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 1
Article 10a – paragraph 8 – subparagraph 1
Up to 400 million allowances to be auctioned as set out in Article 10 shall be available to support innovation in low- carbon technologies and processes in industrial sectors listed in Annex I, and to the extent of a maximum of 50 million allowances, to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage (CCS) of CO2CCS and CCU as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union ("the Innovation Fund").
Amendment 428 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 2
Article 10a – paragraph 8 – subparagraph 2
The allowances shall be made available for innovation in low-carbon industrial technologies and processes, carbon clean operation modes in existing installations and support for demonstration projects for the development of a wide range of CCS and CCU and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations. In order to promote innovative projects, up to 680% of the relevant costs of projects, operating costs due to modifications in existing installations or investments in existing installations may be supported, out of which up to 40% may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology or process adaption deployed.
Amendment 443 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point f
Article 1 – paragraph 1 – point 5 – point f
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
Amendment 474 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 1
Article 10b – paragraph 1
1. Sectors and sub-sectors where the product exceeds 0.215 from multiplying their intensity of trade with third countries, defined as the ratio between the total value of exports to third countries plus the value of imports from third countries and the total market size for the European Economic Area (annual turnover plus total imports from third countries), by their emission intensity, measured in kgCO2 divided by their gross value added (in €), shall be deemed to be at risk of carbon leakage. Such sectors and sub-sectors shall be allocated allowances free of charge for the period up to 2030 at 100% of the quantity determined in accordance with the measures adopted pursuant to Article 10a.
Amendment 493 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2
Article 10b – paragraph 2
2. SOther sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0.18 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria:
Amendment 505 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 2 – point c a (new)
Article 10b – paragraph 2 – point c a (new)
(ca) level of potential competition distortion among sectors and sub-sectors.
Amendment 512 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 3
Article 10b – paragraph 3
3. Other sSectors and sub-sectors not falling under paragraphs 1 or 2 are considered to be able to pass on more of the cost of allowances in product prices, and shall 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 518 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4
Article 10b – paragraph 4
By 31 December 2019, the Commission shall adopt a delegated act for the preceding paragraphs for activities at a 4- digit level (NACE-4 code) or at the relevant level of disaggregation based on a public and sector-specific data as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available.
Amendment 534 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 10b – paragraph 4 a (new)
Article 10b – paragraph 4 a (new)
4a. Every year the Commission may, at its own initiative or at the request of a Member State, add a sector or a sub- sector to the list referred to in paragraph 1, if it can be demonstrated, in an analytical report, that such a sector or sub-sector satisfies the criteria laid down in paragraphs 1 or 2, following a change having a substantial impact on its activities.
Amendment 665 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 – subparagraph 1
Article 10 d – paragraph 4 – subparagraph 1
The fund shall be governed by an investment board and a management committee, which shall be composed of one representatives from each of the beneficiary Member States, the Commission, and the EIB, and three representatives elected by the other Member States, for a period of 5 years. The investment board shall be responsible to determine an Union-level investment policy, appropriate financing instruments and investment selection criteria. The management committee shall be responsible for the day-to-day management of the fund.
Amendment 677 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 – subparagraph 2
Article 10 d – paragraph 4 – subparagraph 2
The investment board shall elect a representative from the Commissionbeneficiary Member States as chairman. The investment board shall strive to take decisions by consensus. If the investment board is not able to decide by consensus within a deadline set by the chairman, the investment board shall take a decision by simple majority.
Amendment 685 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2003/87/EC
Article 10 d – paragraph 4 – subparagraph 3
Article 10 d – paragraph 4 – subparagraph 3
The management committee shall be composed of representativeexperts appointed by the investment board following an open and transparent procedure. Decisions of the management committee shall be taken by simple majority.
Amendment 726 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
A list of installations covered by this Directive for the fivetwo years beginning on 1 January 2021 shall be submitted by 30 September 2018, and lists for the subsequent fivetwo years shall be submitted every fivetwo 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 fivetwo calendar years preceding its submission. Free allocations shall only be given to installations where such information is provided.
Amendment 735 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2003/87/EC
Article 13
Article 13
Allowances issued from 1 January 2013 onwards shall be valid indefinitely. Allowances issued from 1 January 2021 onwards shall include an indication showing in which ten-year period beginning from 1 January 2021 they were issued, and be valid for emissions from the first year of that period onwards.
Amendment 749 #
Proposal for a directive
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Directive 2003/87/EC
Article 23 – paragraph 2
Article 23 – paragraph 2
The power to adopt delegated acts referred to in Article 3d(3), Article 10(4), Article 10a(1) and (8), Article 10b, Article 10d, Article 14(1), Article 15, Article 19(3), Article 22, Article 24, Article 24a and Article 25a shall be conferred on the Commission for an indeterminate period of timefive years from the (*).
Amendment 754 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
(22a) In Article 27, the first subparagraph of paragraph 1 is replaced by the following: 'Following consultation with the operator, Member States may exclude from the Community scheme installations which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent and, where they carry out combustion activities, have a rated thermal input below 35 MW, excluding emissions from biomass, in each of the three years preceding the notification under point (a), and which are subject to measures that will achieve an equivalent contribution to emission reductions, if the Member State concerned complies with the following conditions: (a) it notifies the Commission of each such installation, specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place, before the list of installations pursuant to Article 11(1) has to be submitted and at the latest when this list is submitted to the Commission; (b) it confirms that monitoring arrangements are in place to assess whether any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year. Member States shall allow simplified monitoring, reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year, in accordance with Article 14; (c) it confirms that if any installation emits 50 000 tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place, the installation will be reintroduced into the Community scheme; (d) it publishes the information referred to in points (a), (b) and (c) for public comment.'