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Document 52017AP0035
Amendments adopted by the European Parliament on 15 February 2017 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments (COM(2015)0337 — C8-0190/2015 — 2015/0148(COD))
Amendments adopted by the European Parliament on 15 February 2017 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments (COM(2015)0337 — C8-0190/2015 — 2015/0148(COD))
Amendments adopted by the European Parliament on 15 February 2017 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments (COM(2015)0337 — C8-0190/2015 — 2015/0148(COD))
OJ C 252, 18.7.2018, p. 352–427
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
18.7.2018 |
EN |
Official Journal of the European Union |
C 252/352 |
P8_TA(2017)0035
Cost-effective emission reductions and low-carbon investments ***I
Amendments adopted by the European Parliament on 15 February 2017 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments (COM(2015)0337 — C8-0190/2015 — 2015/0148(COD)) (1)
(Ordinary legislative procedure: first reading)
(2018/C 252/42)
Amendment 1
Proposal for a directive
Recital 1
Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a directive
Recital 2
Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a directive
Recital 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a directive
Recital 2 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a directive
Recital 2 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 143
Proposal for a directive
Recital 3
Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a directive
Recital 3 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 8
Proposal for a directive
Recital 4
Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a directive
Recital 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a directive
Recital 5
Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a directive
Recital 6
Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a directive
Recital 7
Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a directive
Recital 8
Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a directive
Recital 9
Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a directive
Recital 10
Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a directive
Recital 11
Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a directive
Recital 12
Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a directive
Recital 13
Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a directive
Recital 14
Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a directive
Recital 16 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 21
Proposal for a directive
Recital 17 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a directive
Article 1 — point - 1 (new)
Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a directive
Article 1 — point - 1 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a directive
Article 1 — point - 1 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a directive
Article 1 — point - 1 c (new)
Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a directive
Article 1 — point - 1 d (new)
Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a directive
Article 1 — point - 1 f (new)
Directive 2003/87/EC
Article 3 — point h
Present text |
Amendment |
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Amendment 29
Proposal for a directive
Article 1 — point - 1 g (new)
Directive 2003/87/EC
Article 3 — point u a (new)
Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a directive
Article 1 — point - 1 h (new)
Directive 2003/87/EC
Article 3c — paragraph 2
Present text |
Amendment |
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‘2. For the period referred to in Article 13 (1) beginning on 1 January 2013, and, in the absence of any amendments following the review referred to in Article 30(4), for each subsequent period, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 95 % of the historical aviation emissions multiplied by the number of years in the period. |
‘2. For the period referred to in Article 13 beginning on 1 January 2013, and, in the absence of any amendments following the review referred to in Article 30(4), for each subsequent period, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 95 % of the historical aviation emissions multiplied by the number of years in the period. |
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The total quantity of allowances to be allocated to aircraft operators in 2021 shall be 10 % lower than the average allocation for the period from 1 January 2014 to 31 December 2016, and then decrease annually at the same rate as that of the total cap for the EU ETS referred to in the second subparagraph of Article 10(1) so as to bring the cap for the aviation sector more in line with the other EU ETS sectors by 2030 . |
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For aviation activities to and from aerodromes located in countries outside the EEA, the quantity of allowances to be allocated from 2021 onwards may be adjusted taking into account the future global market-based mechanism agreed by the International Civil Aviation Organisation (ICAO) in its 39th assembly. By 2019, the Commission shall present a legislative proposal to the European Parliament and the Council concerning those activities following the 40th assembly of the ICAO. |
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This percentage may be reviewed as part of the general review of this Directive.’ |
This percentage may be reviewed as part of the general review of this Directive.’ |
Amendment 31
Proposal for a directive
Article 1 — point - 1 i (new)
Directive 2003/87/EC
Article 3c — paragraph 4
Present text |
Amendment |
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That decision shall be considered within the Committee referred to in Article 23(1). |
That decision shall be considered within the Committee referred to in Article 30c(1). |
Amendment 32
Proposal for a directive
Article 1 — point - 1 j (new)
Directive 2003/87/EC
Article 3d — paragraph 2
Present text |
Amendment |
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‘2. From 1 January 2013 , 15 % of allowances shall be auctioned . This percentage may be increased as part of the general review of this Directive .’ |
‘2. From 1 January 2021 , 50 % of allowances shall be auctioned.’ |
Amendment 33
Proposal for a directive
Article 1 — point 1
Directive 2003/87/EC
Article 3d — paragraph 3
Text proposed by the Commission |
Amendment |
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Amendment 34
Proposal for a directive
Article 1 — point 1 a (new)
Directive 2003/87/EC
Article 3d — paragraph 4 — subparagraph 1
Present text |
Amendment |
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‘4. It shall be for Member States to determine the use to be made of revenues generated from the auctioning of allowances. Those revenues should be used to tackle climate change in the Union and third countries, inter alia, to reduce greenhouse gas emissions, to adapt to the impacts of climate change in the Union and third countries, especially developing countries, to fund research and development for mitigation and adaptation, including in particular in the fields of aeronautics and air transport, to reduce emissions through low-emission transport and to cover the cost of administering the Community scheme. The proceeds of auctioning should also be used to fund contributions to the Global Energy Efficiency and Renewable Energy Fund, and measures to avoid deforestation.’ |
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Amendment 35
Proposal for a directive
Article 1 — point 1 b (new)
Directive 2003/87/EC
Article 3e — paragraph 1 a (new)
Present text |
Amendment |
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Amendment 36
Proposal for a directive
Article 1 — point 2 a (new)
Directive 2003/87/EC
Chapter II a (new)
Text proposed by the Commission |
Amendment |
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‘CHAPTER IIa |
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Inclusion of shipping in the absence of progress at international level |
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Article 3ga Introduction As from 2021, in the absence of a comparable system operating under the IMO, CO2 emissions emitted in Union ports and during voyages to and from Union ports of call, shall be accounted for through the system set out in this Chapter, to be operational from 2023. |
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Article 3gb Scope By 1 January 2023, the provisions of this Chapter shall apply to the allocation and issue of allowances in respect of CO2 emissions from ships within, arriving at or departing from ports under the jurisdiction of a Member State in accordance with the provisions laid down in Regulation (EU) 2015/757. Articles 12 and 16 shall apply to maritime activities in the same manner as to other activities. |
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Article 3gc Extra allowances for maritime sector By 1 August 2021, the Commission shall adopt delegated acts in accordance with Article 30b in order to supplement this Directive by setting the total quantity of allowances for the maritime sector in line with other sectors, the method of allocation of allowances for that sector through auctioning and the special provisions with regard to the administering Member State. When the maritime sector is included in the EU ETS, the total amount of allowances shall be increased by that amount. 20 % of the revenues generated from the auctioning of allowances referred to in Article 3gd shall be used through the fund established under that Article (“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. |
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Article 3gd Maritime Climate Fund 1. A fund aimed at compensating for maritime emissions, improving energy efficiency and facilitating investments in innovative technologies to reduce CO2 emissions of the maritime sector shall be established at Union level. 2. Ship operators may pay, on a voluntary basis, an annual membership contribution to the fund in accordance with their total emissions reported for the preceding calendar year under Regulation (EU) 2015/757. By way of derogation from Article 12(3), the fund shall surrender allowances collectively on behalf of ship operators which are members of the fund. The contribution per tonne of emissions shall be set by the fund by 28 February each year, and shall not be less than the level of the market price for allowances in the preceding year. 3. The fund shall acquire allowances equal to the collective total quantity of emissions of its members during the preceding calendar year and surrender them in the registry established under Article 19 by 30 April each year for subsequent cancellation. Contributions shall be made public. 4. The fund shall also improve energy efficiency and facilitate investments in innovative technologies to reduce CO2 emissions in the maritime sector, including short sea shipping and ports, through the revenues referred to in Article 3gc. All investments supported by the fund shall be made public and be consistent with the aims of this Directive. 5. The Commission is empowered to adopt a delegated act in accordance with Article 30b to supplement this Directive concerning the implementation of this Article. |
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Article 3ge International cooperation In the event that an international agreement on global measures to reduce greenhouse gas 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.’ |
Amendment 37
Proposal for a directive
Article 1 — point 2 b (new)
Directive 2003/87/EC
Article 5 — subparagraph 1 — point d a (new)
Text proposed by the Commission |
Amendment |
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Amendment 38
Proposal for a directive
Article 1 — point 2 c (new)
Directive 2003/87/EC
Article 6 — paragraph 2 — points e a and e b (new)
Text proposed by the Commission |
Amendment |
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Amendment 39
Proposal for a directive
Article 1 — point 2 d (new)
Directive 2003/87/EC
Article 7
Present text |
Amendment |
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‘Article 7 |
‘Article 7 |
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The operator shall inform the competent authority of any planned changes to the nature or functioning of the installation, or any extension or significant reduction of its capacity, which may require updating the greenhouse gas emissions permit. Where appropriate, the competent authority shall update the permit. Where there is a change in the identity of the installation's operator, the competent authority shall update the permit to include the name and address of the new operator.’ |
Without undue delay, the operator shall inform the competent authority of any planned changes to the nature or functioning of the installation, or any extension or significant reduction of its capacity, which may require updating the greenhouse gas emissions permit. Where appropriate, the competent authority shall update the permit. Where there is a change in the identity of the installation's operator, the competent authority shall update the permit with the relevant identity and contact information of the new operator.’ |
Amendment 142
Proposal for a directive
Article 1 — point 3
Directive 2003/87/EC
Article 9 — paragraphs 2 and 3
Text proposed by the Commission |
Amendment |
Starting in 2021, the linear factor shall be 2,2 %. |
Starting in 2021, the linear factor shall be 2,2 % and shall be kept under review with a view to increasing it to 2,4 % by 2024 at the earliest . |
Amendment 41
Proposal for a directive
Article 1 — point 4 — point a
Directive 2003/87/EC
Article 10 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
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Amendment 42
Proposal for a directive
Article 1 — point 4 — point a
Directive 2003/87/EC
Article 10 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
From 2021 onwards, the share of allowances to be auctioned by Member States shall be 57 %. |
From 2021 onwards, the share of allowances to be auctioned or cancelled shall be 57 %, and that share shall decrease by no more than five percentage points over the entire ten year period beginning on 1 January 2021 pursuant to Article 10a(5). Such an adjustment shall take place solely in the form of a reduction in allowances auctioned pursuant to point (a) of the first subparagraph of paragraph 2. Where no adjustment occurs, or where less than five percentage points are required to make an adjustment, the remaining quantity of allowances shall be cancelled. Such cancellation shall not exceed 200 million allowances. |
Amendment 43
Proposal for a directive
Article 1 — point 4 — point a
Directive 2003/87/EC
Article 10 — paragraph 1 — subparagraph 3
Text proposed by the Commission |
Amendment |
2 % of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain member states as set out in Article 10d of this Directive (‘the Modernisation Fund’). |
2 % of the total quantity of allowances between 2021 and 2030 shall be auctioned in order to establish a fund to improve energy efficiency and modernise the energy systems of certain Member States as set out in Article 10d of this Directive (‘the Modernisation Fund’). The quantity set out in this subparagraph shall form part of the 57 % share of allowances to be auctioned as set out in the second subparagraph. |
Amendment 44
Proposal for a directive
Article 1 — point 4 — point a
Directive 2003/87/EC
Article 10 — paragraph 1 — subparagraph 3 a (new)
Text proposed by the Commission |
Amendment |
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In addition, 3 % of the total quantity of allowances to be issued between 2021 and 2030 shall be auctioned in order to compensate sectors or sub-sectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs actually incurred as a result of greenhouse gas emission costs being passed on in electricity prices as set out in Article 10a(6) of this Directive. Two thirds of the quantity set out in this subparagraph shall form part of the 57 % share of allowances to be auctioned as referred to in the second subparagraph. |
Amendment 45
Proposal for a directive
Article 1 — point 4 — point a
Directive 2003/87/EC
Article 10 — paragraph 1 — subparagraph 3 b (new)
Text proposed by the Commission |
Amendment |
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A Just Transition Fund shall be created as of 1 January 2021 as a complement to the European Regional Development Fund and the European Social Fund and shall be funded through the pooling of 2 % of the auctioning revenues. |
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The revenues of those auctions shall remain at Union level, and shall be used to support regions which combine a high share of workers in carbon-dependent sectors and a GDP per capita well below the Union average. Such measures shall respect the principle of subsidiarity. |
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Those auctioning revenues aimed at just transition may be put to use in different ways, such as: |
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Since the core activities to be financed by a Just Transition Fund are strongly related to the labour market, social partners shall be actively involved in the fund management in a manner based on the model of the European Social Fund committee and the participation of local social partners shall be a key requirement for projects to get funding. |
Amendment 46
Proposal for a directive
Article 1 — point 4 — point a
Directive 2003/87/EC
Article 10 — paragraph 1 — subparagraph 4
Text proposed by the Commission |
Amendment |
The total remaining quantity of allowances to be auctioned by Member States shall be distributed in accordance with paragraph 2 |
The total remaining quantity of allowances to be auctioned by Member States, after deducting the quantity of allowances referred to in the first subparagraph of Article 10a(8) shall be distributed in accordance with paragraph 2. |
Amendment 47
Proposal for a directive
Article 1 — point 4 — point a
Directive 2003/87/EC
Article 10 — paragraph 1 — subparagraph 4 a (new)
Text proposed by the Commission |
Amendment |
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On 1 January 2021, 800 million allowances placed in the MSR shall be cancelled. |
Amendment 48
Proposal for a directive
Article 1 — point 4 — point b — point ii
Directive 2003/87/EC
Article 10 — paragraph 2 — point b
Text proposed by the Commission |
Amendment |
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Amendment 49
Proposal for a directive
Article 1 — point 4 — point b a (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — introductory part
Present text |
Amendment |
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‘3. Member States shall determine the use of revenues generated from the auctioning of allowances. At least 50 % 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, should be used for one or more of the following:’ |
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Amendment 50
Proposal for a directive
Article 1 — point 4 — point b b (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — point b
Present text |
Amendment |
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Amendment 51
Proposal for a directive
Article 1 — point 4 — point b c (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — point f
Present text |
Amendment |
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Amendment 52
Proposal for a directive
Article 1 — point 4 — point b d (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — point h
Present text |
Amendment |
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Amendment 53
Proposal for a directive
Article 1 — point 4 — point c
Directive 2003/87/EC
Article 10 — paragraph 3 — point j
Text proposed by the Commission |
Amendment |
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Amendment 54
Proposal for a directive
Article 1 — point 4 — point c
Directive 2003/87/EC
Article 10 — paragraph 3 — point l
Text proposed by the Commission |
Amendment |
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Amendment 55
Proposal for a directive
Article 1 — point 4 — point c a (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — subparagraph 1 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 56
Proposal for a directive
Article 1 — point 4 — point c b (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — subparagraph 2
Present text |
Amendment |
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‘Member States shall be deemed to have fulfilled the provisions of this paragraph if they have in place and implement fiscal or financial support policies, including in particular in developing countries, or domestic regulatory policies, which leverage financial support, established for the purposes set out in the first subparagraph and which have a value equivalent to at least 50 % 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) .’ |
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Amendment 57
Proposal for a directive
Article 1 — point 4 — point d
Directive 2003/87/EC
Article 10 — paragraph 4 — subparagraphs 1, 2 and 3
Text proposed by the Commission |
Amendment |
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Amendment 58
Proposal for a directive
Article 1 — point 4 — point d a (new)
Directive 2003/87/EC
Article 10 — paragraph 4 — subparagraph 4 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 59
Proposal for a directive
Article 1 — point 4 — point d b (new)
Directive 2003/87/EC
Article 10 — paragraph 5
Present text |
Amendment |
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‘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. 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.’ |
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Amendment 60
Proposal for a directive
Article 1 — point 5 — point a
Directive 2003/87/EC
Article 10a — paragraph 1 — subparagraphs 1 and 2
Text proposed by the Commission |
Amendment |
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Amendment 61
Proposal for a directive
Article 1 — point 5 — point a a (new)
Directive 2003/87/EC
Article 10a — paragraph 1 — subparagraph 3
Present text |
Amendment |
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‘The measures referred to in the first subparagraph shall, to the extent feasible, determine Community -wide ex-ante benchmarks so as to ensure that allocation takes place in a manner that provides incentives for reductions in greenhouse gas emissions and energy efficient techniques, by taking account of the most efficient techniques, substitutes, alternative production processes, high efficiency cogeneration, efficient energy recovery of waste gases, use of biomass and capture and storage of CO2 , where such facilities are available, and shall not provide incentives to increase emissions. No free allocation shall be made in respect of any electricity production, except for cases falling within Article 10c and electricity produced from waste gases.’ |
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Amendment 62
Proposal for a directive
Article 1 — point 5 — point b
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 — introductory part
Text proposed by the Commission |
Amendment |
The benchmark values for free allocation shall be adjusted in order to avoid windfall profits 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: |
The Commission is empowered to adopt delegated acts in accordance with Article 30b to supplement this Directive for the purpose of determining the revised benchmark values for free allocation. Those acts shall be in accordance with the delegated acts adopted pursuant to paragraph 1 of this Article and shall comply with the following: |
Amendment 63
Proposal for a directive
Article 1 — point 5 — point b
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 — point -i (new)
Text proposed by the Commission |
Amendment |
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Amendment 64
Proposal for a directive
Article 1 — point 5 — point b
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 — point -i a (new)
Text proposed by the Commission |
Amendment |
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Amendment 65
Proposal for a directive
Article 1 — point 5 — point b
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 — point i
Text proposed by the Commission |
Amendment |
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Amendment 66
Proposal for a directive
Article 1 — point 5 — point b
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 — point ii
Text proposed by the Commission |
Amendment |
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Amendment 67
Proposal for a directive
Article 1 — point 5 — point b
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 4
Text proposed by the Commission |
Amendment |
The Commission shall adopt an implementing act for this purpose in accordance with Article 22a. |
deleted |
Amendment 68
Proposal for a directive
Article 1 — point 5 — point b a (new)
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 69
Proposal for a directive
Article 1 — point 5 — point b b (new)
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 165
Proposal for a directive
Article 1 — point 5 — point b c (new)
Directive 2003/87/EC
Article 10a — paragraph 3
Present text |
Amendment |
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Subject to paragraphs 4 and 8, and notwithstanding Article 10c, no free allocation shall be given to electricity generators, to installations for the capture of CO2, to pipelines for transport of CO2 or to CO2 storage sites. |
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Amendment 70
Proposal for a directive
Article 1 — point 5 — point b d (new)
Directive 2003/87/EC
Article 10a — paragraph 4
Present text |
Amendment |
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‘4. Free allocation shall be given to district heating as well as to high efficiency cogeneration, as defined by Directive 2004/8/EC, for economically justifiable demand, in respect of the production of heating or cooling. In each year subsequent to 2013, the total allocation to such installations in respect of the production of that heat shall be adjusted by the linear factor referred to in Article 9. ’ |
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Amendment 71
Proposal for a directive
Article 1 — point 5 — point c
Directive 2003/87/EC
Article 10a — paragraph 5
Text proposed by the Commission |
Amendment |
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 . |
5. Where the sum of free allocations in a given year does not reach the maximum level, respecting the Member States’ auctioning share set out in Article 10(1 ), the remaining allowances up to that level shall be used to prevent or limit the reduction of free allocations in subsequent years. Where, however, the maximum level is reached, an amount of allowances equivalent to a reduction of up to five percentage points of the share of allowances to be auctioned by Member States over the entire ten year period beginning on 1 January 2021, pursuant to Article 10(1), shall be distributed free of charge to sectors and sub-sectors pursuant to Article 10b . Where, nonetheless, this reduction is insufficient to meet the demand of sectors or sub-sectors pursuant to Article 10b , free allocations shall be adjusted accordingly by a uniform cross-sectoral correction factor to sectors with an intensity of trade with third countries below 15 % or a carbon intensity below 7Kg CO2/Euro GVA. |
Amendment 72
Proposal for a directive
Article 1 — point 5 — point d
Directive 2003/87/EC
Article 10a — paragraph 6 — subparagraph 1
Text proposed by the Commission |
Amendment |
Member States should adopt financial measures in favour of sectors or sub-sectors 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 in electricity prices , taking into account any effects on the internal market . Such financial measures to compensate part of these costs shall be in accordance with state aid rules. |
6. A centralised arrangement at Union level shall be adopted to compensate sectors or sub-sectors 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 in electricity prices. |
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Compensation shall be proportionate to greenhouse gas emission costs actually passed through in electricity prices and shall be applied in accordance with the criteria laid down in the relevant state aid guidelines in order to avoid negative effects on the internal market as well as overcompensation of costs incurred. |
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Where the amount of compensation available is not sufficient to compensate eligible indirect costs, the amount of compensation available for all eligible installations shall be reduced in a uniform manner. |
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The Commission is empowered to adopt a delegated act in accordance with Article 30b to supplement this Directive for the purpose referred to in this paragraph by putting in place arrangements for the creation and operation of the fund. |
Amendment 73
Proposal for a directive
Article 1 — point 5 — point d a (new)
Directive 2003/87/EC
Article 10a — paragraph 6 — subparagraph 1a (new)
Text proposed by the Commission |
Amendment |
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Amendment 74
Proposal for a directive
Article 1 — point 5 — point e — point i
Directive 2003/87/EC
Article 10a — paragraph 7 — subparagraph 1
Text proposed by the Commission |
Amendment |
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 pursuant to Article 1(3) of Decision (EU) 2015/… of the European Parliament and of the Council(*). |
7. 400 million allowances shall be set aside for new entrants and significant production increases. |
Amendment 75
Proposal for a directive
Article 1 — point 5 — point e — point i
Directive 2003/87/EC
Article 10a — paragraph 7 — subparagraph 2
Text proposed by the Commission |
Amendment |
From 2021, allowances not allocated to installations because of the application of paragraphs 19 and 20 shall be added to the reserve. |
From 2021 onwards , any allowances not allocated to installations because of the application of paragraphs 19 and 20 shall be added to the reserve. |
Amendment 76
Proposal for a directive
Article 1 — point 5 — point f — introductory part
Directive 2003/87/EC
Article 10a — paragraph 8
Text proposed by the Commission |
Amendment |
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Amendment 77
Proposal for a directive
Article 1 — point 5 — point f — subparagraph 1
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 1
Text proposed by the Commission |
Amendment |
400 million allowances shall be available to support innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe capture and geological storage ( CCS ) of CO2 as well as demonstration projects of innovative renewable energy technologies, in the territory of the Union. |
8. 600 million allowances shall be available to leverage investments in innovation in low-carbon technologies and processes in industrial sectors listed in Annex I, including bio-based materials and products substituting carbon intensive materials, and to help stimulate the construction and operation of commercial demonstration projects that aim at the environmentally safe CCS and CCU as well as demonstration projects of innovative renewable energy technologies and energy storage , in the territory of the Union. |
Amendment 78
Proposal for a directive
Article 1 — point 5 — point f
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 2
Text proposed by the Commission |
Amendment |
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of CCS and innovative renewable energy technologies that are not yet commercially viable in geographically balanced locations . In order to promote innovative projects, up to 60 % of the relevant costs of projects 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 deployed. |
The allowances shall be made available for innovation in low-carbon industrial technologies and processes and support for demonstration projects for the development of a wide range of innovative renewable energy technologies, CCS and CCU that are not yet commercially viable . Projects shall be selected on the basis of their impact on energy systems or industrial processes within a Member State, a group of Member States or the Union. In order to promote innovative projects, up to 75 % of the relevant costs of projects may be supported, out of which up to 60 % may not be dependent on verified avoidance of greenhouse gas emissions provided that pre-determined milestones are attained taking into account the technology deployed. Allowances shall be allocated to projects according to their needs to reach pre-determined milestones. |
Amendment 79
Proposal for a directive
Article 1 — point 5 — point f
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 3
Text proposed by the Commission |
Amendment |
In addition, 50 million unallocated allowances from the market stability reserve established by Decision (EU) 2015/… shall supplement any existing resources remaining under this paragraph for projects referred to above , with projects in all Member States including small-scale projects, before 2021. Projects shall be selected on the basis of objective and transparent criteria. |
In addition, 50 million unallocated allowances from the MSR shall supplement any existing resources remaining under this paragraph as a consequence of funds resulting from NER300 allowance auctions for the period between 2013 and 2020 not having been used, for projects referred to in the first and second subparagraphs , with projects in all Member States including small-scale projects, before 2021 and from 2018 onwards . Projects shall be selected on the basis of objective and transparent criteria , taking into account their relevance in relation to the decarbonisation of the sectors concerned. |
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Projects supported under this subparagraph may also receive further support under the first and second subparagraphs . |
Amendment 80
Proposal for a directive
Article 1 — point 5 — point f
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 4
Text proposed by the Commission |
Amendment |
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The Commission shall be empowered to adopt a delegated act in accordance with Article 23 . |
The Commission is empowered to adopt delegated acts in accordance with Article 30b to supplement this Directive by setting the criteria to be used for the selection of projects that are eligible to benefit from the allowances referred to in this paragraph , taking due account of the following principles: |
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Amendment 82
Proposal for a directive
Article 1 — point 5 — point i a (new)
Directive 2003/87/EC
Article 10a — paragraph 20
Present text |
Amendment |
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Amendment 83
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10b — title
Present text |
Amendment |
Measures to support certain energy-intensive industries in the event of carbon leakage |
Transitional measures to support certain energy intensive industries in the event of carbon leakage |
Amendment 85
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10b — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. After the adoption of the revision of the Directive 2012/27/EU of the European Parliament and of the Council (*1) , the Commission shall reassess the share of emission reductions in the EU ETS and the Decision No 406/2009/EC of the European Parliament and of the Council (*2) . Additional reductions by an increased energy efficiency target shall be used to protect industry at risk of carbon or investment leakage. |
Amendment 144
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10b — paragraphs 1 b and 1 c (new)
Text proposed by the Commission |
Amendment |
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(1b) Following up to Article 6(2) of the Paris Agreement, the Commission shall assess in its report, to be prepared in accordance with Article 28aa, the development of climate mitigation policies, including market-based approaches, in third countries and regions and the effect of these policies on the competitiveness of European industry. |
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(1c) If this report concludes that a significant risk of carbon leakage remains, the Commission shall, if appropriate, come forward with a legislative proposal introducing a carbon border adjustment, fully compatible with WTO rules, based on a feasibility study to be initiated at the publication of this Directive in the OJ. This mechanism would include in the EU ETS importers of products which are produced by the sectors or sub-sectors determined in accordance with Article 10a. |
Amendment 86
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10b — paragraph 2
Text proposed by the Commission |
Amendment |
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2. 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: |
2. Sectors and sub-sectors where the product from multiplying their intensity of trade with third countries by their emission intensity is above 0,12 may be included in the group referred to in paragraph 1, on the basis of a qualitative assessment using the following criteria: |
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Amendment 87
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10b — paragraph 3
Text proposed by the Commission |
Amendment |
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 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. |
3. The district heating sector is 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. Other sectors and sub-sectors shall not be allocated any allowances free of charge. |
Amendment 88
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10b — paragraph 4
Text proposed by the Commission |
Amendment |
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) as concerns paragraph 1, in accordance with Article 23, based on data for the three most recent calendar years available. |
4. By 31 December 2019, the Commission shall adopt delegated acts in accordance with Article 30b to supplement this Directive in relation to paragraph 1 concerning the activities at a 4-digit level (NACE-4 code) or, where justified on the basis of objective criteria developed by the Commission, at the relevant level of disaggregation based on public and sector-specific data to comprise those activities covered by the EU ETS. The assessment of trade intensity shall be based on data for the five most recent calendar years available. |
Amendment 89
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 1
Text proposed by the Commission |
Amendment |
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 production for the modernisation of the energy sector. |
1. By way of 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 transitional free allocation to installations for electricity generation for the modernisation, diversification and sustainable transformation of the energy sector. This derogation shall end on 31 December 2030. |
Amendment 90
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. Member States not eligible pursuant to paragraph 1 but which had in 2014 a GDP per capita in EUR at market prices below 60 % of the Union average may also make use of the derogation referred to in that paragraph up to the total quantity referred to in paragraph 4, provided that the corresponding number of allowances is transferred to the Modernisation Fund and the revenues are used to support investments in accordance with Article 10d. |
Amendment 91
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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1b. Member States which are eligible under this Article to grant free allocation to installations for energy generation, may choose to transfer the corresponding number of allowances or part of them to the Modernisation Fund and allocate them pursuant to the provisions of Article 10d. In such a case, they shall inform the Commission before the transfer. |
Amendment 92
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 2 — subparagraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 93
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 2 — subparagraph 1 — point c
Text proposed by the Commission |
Amendment |
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Amendment 94
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 2 — subparagraph 1 — point c — point i
Text proposed by the Commission |
Amendment |
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Amendment 95
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 2 — subparagraph 1– point c — point ii
Text proposed by the Commission |
Amendment |
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Amendment 96
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 2 — subparagraph 1– point c — point iii a (new)
Text proposed by the Commission |
Amendment |
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Amendment 97
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
By 30 June 2019, any Member State intending to make use of optional free allocation shall publish a detailed national framework setting out the competitive bidding process and selection criteria for public comment. |
By 30 June 2019, any Member State intending to make use of optional transitional free allocation for the modernisation of the energy sector shall publish a detailed national framework setting out the competitive bidding process and selection criteria for public comment. |
Amendment 98
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 2 — subparagraph 3
Text proposed by the Commission |
Amendment |
Where investments with a value of less than € 10 million are supported with free allocation, the Member State shall select projects based on objective and transparent criteria. The results of this selection process shall be published for public comment . On this basis, the Member State concerned shall establish and submit a list of investments to the Commission by 30 June 2019. |
Where investments with a value of less than EUR 10 million are supported with free allocation, the Member State shall select projects based on objective and transparent criteria consistent with reaching the Union’s long-term climate and energy objectives . Those criteria shall be subject to public consultation, ensuring full transparency and accessibility of relevant documents, and fully reflect comments raised by stakeholders. The results of this selection process shall be published for public consultation . On this basis, the Member State concerned shall establish and submit a list of investments to the Commission by 30 June 2019. |
Amendment 99
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 3
Text proposed by the Commission |
Amendment |
3. The value of the intended investments shall at least equal the market value of the free allocation, while taking into account the need to limit directly linked price increases. The market value shall be the average of the price of allowances on the common auction platform in the preceding calendar year. |
3. The value of the intended investments shall at least equal the market value of the free allocation, while taking into account the need to limit directly linked price increases. The market value shall be the average of the price of allowances on the common auction platform in the preceding calendar year. Up to 75 % of the relevant costs of an investment may be supported. |
Amendment 100
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 6
Text proposed by the Commission |
Amendment |
6. Member States shall require benefiting electricity generators and network operators to report by 28 February of each year on the implementation of their selected investments. Member States shall report on this to the Commission, and the Commission shall make such reports public. |
6. Member States shall require benefiting energy generators and network operators to report annually by 31 March of each year on the implementation of their selected investments , including the balance of free allocation and investment expenditure incurred, the types of investments supported and the way in which they achieved the goals set out in point (b) of the first subparagraph of paragraph 2 . Member States shall report on this to the Commission, and the Commission shall make such reports available to the public. Member States and the Commission shall monitor and analyse potential arbitrage with regard to the threshold of EUR 10 million for small projects and shall prevent unjustified dividing up of an investment over smaller projects by excluding more than one investment in the same beneficiary installation. |
Amendment 101
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 6 a (new)
Text proposed by the Commission |
Amendment |
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6a. In case of a reasonable suspicion of irregularities or a failure by a Member State to report in accordance with paragraphs 2 to 6, the Commission may undertake an independent investigation, where necessary assisted by a contracted third party. The Commission shall also investigate other possible infringements, such as failure to implement the Third Energy Package. The Member State concerned shall provide all investment information and access necessary for the investigation, including access to installations and building sites. The Commission shall publish a report on that investigation. |
Amendment 102
Proposal for a directive
Article 1 — point 6
Directive 2003/87/EC
Article 10c — paragraph 6 b (new)
Text proposed by the Commission |
Amendment |
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6b. In the case of infringement of Union climate and energy law, including the Third Energy Package, or the criteria set out in this Article, the Commission may require the Member State to withhold free allocation. |
Amendment 49
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
1. A fund to support investments in modernising energy systems and improving energy efficiency in Member States with a GDP per capita below 60 % of the Union average in 2013 shall be established for the period 2021-30 and financed as set out in Article 10. |
1. A fund to support and leverage investments in modernising energy systems , including district heating, and improving energy efficiency in Member States with a GDP per capita below 60 % of the Union average in 2013, or in 2014, or in 2015, shall be established for the period 2021-2030 and financed as set out in Article 10. |
Amendment 104
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
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The investments supported shall be consistent with the aims of this Directive and the European Fund for Strategic Investments. |
The investments supported shall comply with the principles of transparency, non-discrimination, equal treatment, sound financial management and shall offer the best value for money. They shall be consistent with the aims of this Directive , the Union’s long term climate and energy goals and the European Fund for Strategic Investments , and shall: |
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Amendment 105
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 1 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall keep under review the requirements set out in this paragraph taking into account the Climate Strategy of the EIB. If, on the basis of technological progress, one or more of the requirements set out in this paragraph become irrelevant, the Commission shall adopt a delegated act in accordance with Article 30b by 2024 in order to amend this Directive by outlining new or updated requirements. |
Amendment 106
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 2
Text proposed by the Commission |
Amendment |
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. |
2. The fund shall also finance small-scale investment projects in the modernisation of energy systems and energy efficiency. To this end, its investment board shall develop investment guidelines and selection criteria specific to such projects in line with the objectives of this Directive and with the criteria set out in paragraph 1. Those guidelines and selection criteria shall be made available to the public. |
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For the purpose of this paragraph a small-scale investment project means a project funded through loans provided by a national promotional bank or through grants contributing to the implementation of a national programme serving specific objectives that are in line with those of the Modernisation Fund, provided that not more than 10 % of the Member States' share set out in Annex IIb is used . |
Amendment 107
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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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 108
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 4 — subparagraph 1
Text proposed by the Commission |
Amendment |
4. The fund shall be governed by an investment board and a management committee, which shall be composed of representatives from the beneficiary Member States, the Commission, 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. |
4. The beneficiary Member States shall be responsible for the governance of the fund, and shall jointly establish an investment board composed of one representative per beneficiary Member State, the Commission, the EIB, and three observers from interested parties such as industrial federations, trade unions, or NGOs. The investment board shall be responsible for determining a Union-level investment policy, which shall be in line with the requirements set out in this Article and be consistent with Union policies. |
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An advisory board, independent from the investment board, shall be established. The advisory board shall be composed of three representatives from the beneficiary Member States, three representatives from non-beneficiary Member States, a representative of the Commission, a representative of the EIB, and a representative from the European Bank for Reconstruction and Development (EBRD), selected for a five year period. The representatives of the advisory board shall have a high level of relevant market experience in project structuring and project financing. The advisory board shall provide advice and recommendations to the investment board on project eligibility for selection, investment and financing decisions, and any further project development assistance as required. |
The management committee shall be responsible for the day-to-day management of the fund. |
A management committee shall be established. The management committee shall be responsible for the day-to-day management of the fund. |
Amendment 109
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 4 — subparagraph 2
Text proposed by the Commission |
Amendment |
The investment board shall elect a representative from the Commission 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. |
The chairman of the investment board shall be elected from among its members for a one-year term. The investment board shall strive to take decisions by consensus. The advisory board shall adopt its opinion by simple majority. |
Amendment 110
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 4 — subparagraph 3
Text proposed by the Commission |
Amendment |
The management committee shall be composed of representatives appointed by the investment board . Decisions of the management committee shall be taken by simple majority. |
The investment board, advisory board and management committee shall operate in an open and transparent manner. The minutes of both board meetings shall be published. The composition of the investment board and advisory board shall be published and CVs and declarations of interests of the members shall be made available to the public and regularly updated. The investment board and the advisory board shall, on an ongoing basis, check for the absence of any conflict of interest. The advisory board shall submit every six months to the European Parliament, the Council and the Commission a list of advice provided to projects. |
Amendment 111
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 4 — subparagraph 4
Text proposed by the Commission |
Amendment |
If the EIB recommends not financing an investment and provides reasons for this recommendation , a decision shall only be adopted if a majority of two-thirds of all members vote in favour. The Member State in which the investment will take place and the EIB shall not be entitled to cast a vote in this case. For small projects funded through loans provided by a national promotional bank or through grants contributing to the implementation of a national programme serving specific objectives in line with the objectives of the Modernisation Fund, provided that not more than 10 % of the Member States' share set out in Annex IIb is used under the programme, the two preceding sentences shall not apply . |
If the EIB recommends to the advisory board not to finance an investment and provides reasons why it is not in line with the investment policy adopted by the investment board and the selection criteria set out in paragraph 1, a positive opinion shall only be adopted if a majority of two-thirds of all members vote in favour. The Member State in which the investment will take place and the EIB shall not be entitled to cast a vote in this case. |
Amendment 112
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 5 — introductory part
Text proposed by the Commission |
Amendment |
5. The beneficiary Member States shall report annually to the management committee on investments financed by the fund. The report shall be made public and include: |
5. The beneficiary Member States shall report annually to the investment board and advisory board on investments financed by the fund. The report shall be made available to the public and include: |
Amendment 113
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 6
Text proposed by the Commission |
Amendment |
6. Each year, the management committee shall report to the Commission on experience with the evaluation and selection of investments. The Commission shall review the basis on which projects are selected by 31 December 2024 and, where appropriate, make proposals to the management committee. |
6. Each year, the advisory board shall report to the Commission on experience with the evaluation and selection of investments. The Commission shall review the basis on which projects are selected by 31 December 2024 and, where appropriate, make proposals to the investment board and the advisory board. |
Amendment 114
Proposal for a directive
Article 1 — point 7
Directive 2003/87/EC
Article 10d — paragraph 7
Text proposed by the Commission |
Amendment |
7. The Commission shall be empowered to adopt a delegated act in accordance with Article 23 to implement this Article . |
7. The Commission is empowered to adopt delegated acts in accordance with Article 30b to supplement this Directive by laying down detailed arrangements for the effective functioning of the Modernisation Fund. |
Amendment 115
Proposal for a directive
Article 1 — paragraph 1 — point 8 a (new)
Directive 2003/87/EC
Article 11 — paragraph 1 — subparagraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 116
Proposal for a directive
Article 1 — point 8 b (new)
Directive 2003/87/EC
Article 11 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 117
Proposal for a directive
Article 1 — point 10 a (new)
Directive 2003/87/EC
Article 12 — paragraph 3a
Present text |
Amendment |
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‘3a. An obligation to surrender allowances shall not arise in respect of emissions verified as captured and transported for permanent storage to a facility for which a permit is in force in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide1.’ |
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Amendment 118
Proposal for a directive
Article 1 — point 12
Directive 2003/87/EC
Article 14 — paragraph 1
Text proposed by the Commission |
Amendment |
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Amendment 119
Proposal for a directive
Article 1 — point 13
Directive 2003/87/EC
Article 15 — paragraphs 4 and 5
Text proposed by the Commission |
Amendment |
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Amendment 120
Proposal for a directive
Article 1 — point 13 a (new)
Directive 2003/87/EC
Article 16 — paragraph 7
Present text |
Amendment |
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7. When requests such as those referred to in paragraph 5 are addressed to the Commission, the Commission shall inform the other Member States through their representatives on the Committee referred to in Article 23(1) in accordance with the Committee’s Rules of Procedure. |
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Amendment 121
Proposal for a directive
Article 1 — point 14
Directive 2003/87/EC
Article 16 — paragraph 12
Text proposed by the Commission |
Amendment |
12. Where appropriate, detailed rules shall be established in respect of the procedures referred to in this Article. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 22a . |
12. Where appropriate, detailed rules shall be established in respect of the procedures referred to in this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 30c(2) . |
Amendment 122
Proposal for a directive
Article 1 — point 15
Directive 2003/87/EC
Article 19 — paragraph 3
Text proposed by the Commission |
Amendment |
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Amendment 123
Proposal for a directive
Article 1 — point 15 a (new)
Directive 2003/87/EC
Article 21 — paragraph 1
Present text |
Amendment |
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‘1. Each year the Member States shall submit to the Commission a report on the application of this Directive. That report shall pay particular attention to the arrangements for the allocation of allowances, the operation of registries, the application of the implementing measures on monitoring and reporting, verification and accreditation and issues relating to compliance with this Directive and on the fiscal treatment of allowances, if any. The first report shall be sent to the Commission by 30 June 2005. The report shall be drawn up on the basis of a questionnaire or outline drafted by the Commission in accordance with the procedure laid down in Article 6 of Directive 91/692/EEC. The questionnaire or outline shall be sent to Member States at least six months before the deadline for the submission of the first report.’ |
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Amendment 124
Proposal for a directive
Article 1 — point 15 b (new)
Directive 2003/87/EC
Article 21 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 125
Proposal for a directive
Article 1 — point 15 c (new)
Directive 2003/87/EC
Article 21 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 126
Proposal for a directive
Article 1 — point 16
Directive 2003/87/EC
Article 22 — paragraph 2
Text proposed by the Commission |
Amendment |
The Commission shall be empowered to adopt a delegated act in accordance with Article 23 . |
The Commission is empowered to adopt delegated acts in accordance with Article 30b to amend this Directive by laying down non-essential elements of the Annexes to this Directive, with the exception of Annexes I, IIa and IIb . |
Amendment 127
Proposal for a directive
Article 1 — point 17
Directive 2003/87/EC
Article 22a — title
Text proposed by the Commission |
Amendment |
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‘Article 22a |
‘Article 30c |
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Committee procedure’ |
Committee procedure’ |
Amendment 128
Proposal for a directive
Article 1 — point 18
Directive 2003/87/EC
Article 23 — title
Text proposed by the Commission |
Amendment |
‘Article 23 |
‘Article 30b |
Exercise of the delegation’ |
Exercise of the delegation’ |
Amendment 129
Proposal for a directive
Article 1 — point 19 — point a
Directive 2003/87/EC
Article 24 — paragraph 1 — subparagraph 1
Text proposed by the Commission |
Amendment |
From 2008, Member States may apply emission allowance trading in accordance with this Directive to activities and to greenhouse gases which are not listed in Annex I, taking into account all relevant criteria, in particular the effects on the internal market, potential distortions of competition, the environmental integrity of the Community scheme and the reliability of the planned monitoring and reporting system, provided that inclusion of such activities and greenhouse gases is approved by the Commission. |
From 2008, Member States may apply emission allowance trading in accordance with this Directive to activities and to greenhouse gases which are not listed in Annex I, taking into account all relevant criteria, in particular the effects on the internal market, potential distortions of competition, the environmental integrity of the EU ETS and the reliability of the planned monitoring and reporting system, provided that inclusion of such activities and such greenhouse gases is approved by the Commission. Any such unilateral inclusion shall be proposed and approved no later than 18 months before the start of a new trading period in the EU ETS. |
Amendment 130
Proposal for a directive
Article 1 — point 19 — point a
Directive 2003/87/EC
Article 24 — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
In accordance with delegated acts which the Commission shall be empowered to adopt in accordance with Article 23, if the inclusion refers to activities and greenhouse gases which are not listed in Annex I |
The Commission is empowered to adopt delegated acts in accordance with Article 30b to supplement this Directive by laying down detailed arrangements for approval of the inclusion of the activities and greenhouse gases referred to in the first subparagraph in the emission allowance trading scheme if that inclusion refers to activities and greenhouse gases which are not listed in Annex I. |
Amendment 131
Proposal for a directive
Article 1 — point 19 — point b
Directive 2003/87/EC
Article 24 — paragraph 3
Text proposed by the Commission |
Amendment |
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Amendment 132
Proposal for a directive
Article 1 — point 20 — point a
Directive 2003/87/EC
Article 24a — paragraph 1 — subparagraphs 1 and 2
Text proposed by the Commission |
Amendment |
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Amendment 133
Proposal for a directive
Article 1 — point 22
Directive 2003/87/EC
Article 25a — paragraph 1
Text proposed by the Commission |
Amendment |
1. Where a third country adopts measures for reducing the climate change impact of flights departing from that country which land in the Community , the Commission, after consulting with that third country, and with Member States within the Committee referred to in Article 23(1), shall consider options available in order to provide for optimal interaction between the Community scheme and that country’s measures. |
1. Where a third country adopts measures for reducing the climate change impact of flights departing from that country which land in the Union , the Commission, after consulting with that third country, and with Member States within the Committee referred to in Article 30c (1), shall consider options available in order to provide for optimal interaction between the EU ETS and that third country’s measures. |
Where necessary, the Commission may adopt amendments to provide for flights arriving from the third country concerned to be excluded from the aviation activities listed in Annex I or to provide for any other amendments to the aviation activities listed in Annex I which are required by an agreement pursuant to the fourth subparagraph. The Commission shall be empowered to adopt such amendments in accordance with Article 23. |
Where necessary, the Commission may submit a legislative proposal to the European Parliament and Council to provide for flights arriving from the third country concerned to be excluded from the aviation activities listed in Annex I or to provide for any other amendments to the aviation activities listed in Annex I which are required by such agreement. |
Amendment 134
Proposal for a directive
Article 1 — point 22 a (new)
Directive 2003/87/EC
Article 27 — paragraph 1
Present text |
Amendment |
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‘1. 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 25 000 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: |
‘1. Following consultation with the operator and upon the operator’s agreement, Member States may exclude from the EU ETS installations operated by an SME which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent, 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: |
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Hospitals may also be excluded if they undertake equivalent measures.’ |
Hospitals may also be excluded if they undertake equivalent measures.’ |
Amendment 135
Proposal for a directive
Article 1 — point 22 b (new)
Directive 2003/87/EC
Article 27 a (new)
Text proposed by the Commission |
Amendment |
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‘Article 27a |
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Exclusion of small installations not subject to equivalent measures |
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1. Following consultation with the operator, Member States may exclude from the EU ETS installations which have reported to the competent authority emissions of less than 5 000 tonnes of carbon dioxide equivalent, excluding emissions from biomass, in each of the three years preceding the notification under point (a), if the Member State concerned complies with the following conditions: |
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2. When an installation is reintroduced into the EU ETS pursuant to paragraph 1(c), any allowances issued pursuant to Article 10a shall be granted starting with the year of the reintroduction. Allowances issued to such installations shall be deducted from the quantity to be auctioned pursuant to Article 10(2) by the Member State in which the installation is situated.’ |
Amendment 136
Proposal for a directive
Article 1 — point 22 c (new)
Directive 2003/87/EC
Article 29
Present text |
Amendment |
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‘Report to ensure the better functioning of the carbon market |
‘Report to ensure the better functioning of the carbon market |
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If, on the basis of regular reports 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 may be accompanied, if appropriate, by proposals aiming at increasing transparency of the carbon market and addressing measures to improve its functioning.’ |
If, on the basis of regular reports 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 climate and energy policies, as regards the volumes of emissions reductions, the cost effectiveness of such policies, and their impact on demand for EU ETS allowances. The report may be accompanied, if appropriate, by legislative proposals aiming at increasing transparency of the EU ETS and addressing the capacity to contribute to the Union's 2030 and 2050 climate and energy goals and addressing measures to improve its functioning, including measures to account for the impact of complementary Union-wide energy and climate policies on the supply-demand balance of the EU ETS.’ |
Amendment 137
Proposal for a directive
Article 1 — point 22 d (new)
Directive 2003/87/EC
Article 30 a (new)
Text proposed by the Commission |
Amendment |
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‘Article 30a |
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Adjustments upon global stocktake under the UNFCCC and the Paris Agreement |
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Within six months of the facilitative dialogue under the UNFCCC in 2018 the Commission shall publish a communication assessing the consistency of the Union’s climate change legislation with the Paris Agreement goals. In particular, the communication shall examine the role and adequacy of the EU ETS in meeting the Paris Agreement goals. |
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Within six months of the global stocktake in 2023 and subsequent global stocktakes thereafter, the Commission shall submit a report assessing the need to adjust the Union’s climate action accordingly. |
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The report shall consider adjustments to the EU ETS within the context of global mitigation efforts and efforts undertaken by other major economies. In particular, the report shall assess the need for stricter emissions reductions, the need to adjust the carbon leakage provisions, and whether or not additional policy measures and tools are needed to meet the greenhouse gas commitments of the Union and Member States. |
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The report shall take into account the risk of carbon leakage, the competitiveness of European industries, investments within the Union and the Union’s industrialisation policy. |
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The report shall be accompanied by a legislative proposal, if appropriate, and in such a case the Commission shall in parallel publish a full impact assessment.’ |
Amendment 138
Proposal for a directive
Article 1 — point 22 e (new)
Directive 2003/87/EC
Annex I — paragraph 3
Present text |
Amendment |
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Amendment 139
Proposal for a directive
Article 1 a (new)
Decision (EU) 2015/1814
Article 1 — paragraph 5 — subparagraphs 1 a and 1 b (new)
Text proposed by the Commission |
Amendment |
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Article 1a |
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Amendments to Decision (EU) 2015/1814 |
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Decision (EU) 2015/1814 is amended as follows: |
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In Article 1(5), the following subparagraphs are added to the first subparagraph: |
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‘By way of derogation, up until the review period referred to in Article 3, the percentages referred to in this subparagraph shall be doubled. The review shall consider doubling the intake rate until market balance is restored. |
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In addition, the review shall introduce a cap on the MSR and, if appropriate, the review shall be accompanied by a legislative proposal.’ |
(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0003/2017).
(15) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(15) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(16) http://www4.unfccc.int/submissions/indc/Submission%20Pages/submissions.aspx
(1a) Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63).
(1b) Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).
(1c) Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
(17) COM(2015)0080, establishing a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy
(17) COM(2015)0080, establishing a Framework Strategy for a Resilient Energy Union with a Forward-Looking Climate Change Policy
(18) 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. […]).
(19) Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 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 264, 9.10.2015, p. 1).
(1a) As defined in Annex of recommendation 2003/361/EC
(*1) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).
(*2) Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).