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Document 52022AP0246
Amendments adopted by the European Parliament on 22 June 2022 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757 (COM(2021)0551 — C9-0318/2021 — 2021/0211(COD))
Amendments adopted by the European Parliament on 22 June 2022 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757 (COM(2021)0551 — C9-0318/2021 — 2021/0211(COD))
Amendments adopted by the European Parliament on 22 June 2022 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757 (COM(2021)0551 — C9-0318/2021 — 2021/0211(COD))
OJ C 32, 27.1.2023, p. 108–249
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 32, 27.1.2023, p. 89–230
(GA)
27.1.2023 |
EN |
Official Journal of the European Union |
C 32/108 |
P9_TA(2022)0246
Revision of the EU Emissions Trading System ***I
Amendments adopted by the European Parliament on 22 June 2022 on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union, Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and Regulation (EU) 2015/757 (COM(2021)0551 — C9-0318/2021 — 2021/0211(COD)) (1)
(Ordinary legislative procedure: first reading)
(2023/C 32/11)
Amendment 406
Proposal for a directive
Recital 1
Text proposed by the Commission |
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Amendment 407
Proposal for a directive
Recital 1 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 408
Proposal for a directive
Recital 1 b (new)
Text proposed by the Commission |
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Amendment 409
Proposal for a directive
Recital 1 c (new)
Text proposed by the Commission |
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Amendment 410
Proposal for a directive
Recital 1 d (new)
Text proposed by the Commission |
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Amendment 411
Proposal for a directive
Recital 2
Text proposed by the Commission |
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Amendment 412
Proposal for a directive
Recital 3
Text proposed by the Commission |
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Amendment 413
Proposal for a directive
Recital 3 a (new)
Text proposed by the Commission |
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Amendment 414
Proposal for a directive
Recital 4
Text proposed by the Commission |
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Amendment 415
Proposal for a directive
Recital 4 a (new)
Text proposed by the Commission |
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Amendment 416
Proposal for a directive
Recital 4 b (new)
Text proposed by the Commission |
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Amendment 417
Proposal for a directive
Recital 6
Text proposed by the Commission |
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Amendment 418
Proposal for a directive
Recital 7
Text proposed by the Commission |
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Amendment 419
Proposal for a directive
Recital 8
Text proposed by the Commission |
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Amendment 420
Proposal for a directive
Recital 8 a (new)
Text proposed by the Commission |
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Amendment 421
Proposal for a directive
Recital 13
Text proposed by the Commission |
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Amendment 422
Proposal for a directive
Recital 13 a (new)
Text proposed by the Commission |
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Amendment 423
Proposal for a directive
Recital 13 b (new)
Text proposed by the Commission |
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Amendment 424
Proposal for a directive
Recital 13 c (new)
Text proposed by the Commission |
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Amendment 425
Proposal for a directive
Recital 13 d (new)
Text proposed by the Commission |
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Amendment 426
Proposal for a directive
Recital 14
Text proposed by the Commission |
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Amendment 427
Proposal for a directive
Recital 14 a (new)
Text proposed by the Commission |
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Amendment 428
Proposal for a directive
Recital 15
Text proposed by the Commission |
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Amendment 429
Proposal for a directive
Recital 16
Text proposed by the Commission |
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Amendment 430
Proposal for a directive
Recital 16 a (new)
Text proposed by the Commission |
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Amendment 431
Proposal for a directive
Recital 17
Text proposed by the Commission |
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Amendment 432
Proposal for a directive
Recital 17 a (new)
Text proposed by the Commission |
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Amendment 433
Proposal for a directive
Recital 17 b (new)
Text proposed by the Commission |
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Amendment 434
Proposal for a directive
Recital 17 c (new)
Text proposed by the Commission |
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Amendment 435
Proposal for a directive
Recital 17 d (new)
Text proposed by the Commission |
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Amendment 436
Proposal for a directive
Recital 17 e (new)
Text proposed by the Commission |
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Amendment 437
Proposal for a directive
Recital 17 f (new)
Text proposed by the Commission |
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Amendment 438
Proposal for a directive
Recital 18
Text proposed by the Commission |
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Amendment 439
Proposal for a directive
Recital 19
Text proposed by the Commission |
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Amendment 440
Proposal for a directive
Recital 20
Text proposed by the Commission |
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Amendment 441
Proposal for a directive
Recital 20 a (new)
Text proposed by the Commission |
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Amendment 442
Proposal for a directive
Recital 21
Text proposed by the Commission |
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Amendment 443
Proposal for a directive
Recital 24
Text proposed by the Commission |
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Amendment 444
Proposal for a directive
Recital 26
Text proposed by the Commission |
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Amendment 445
Proposal for a directive
Recital 27
Text proposed by the Commission |
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Amendment 446
Proposal for a directive
Recital 28
Text proposed by the Commission |
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Amendment 447
Proposal for a directive
Recital 28 a (new)
Text proposed by the Commission |
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Amendment 448
Proposal for a directive
Recital 28 b (new)
Text proposed by the Commission |
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Amendment 449
Proposal for a directive
Recital 28 c (new)
Text proposed by the Commission |
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Amendment 450
Proposal for a directive
Recital 28 d (new)
Text proposed by the Commission |
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Amendment 451
Proposal for a directive
Recital 29
Text proposed by the Commission |
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Amendment 676
Proposal for a directive
Recital 30
Text proposed by the Commission |
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Amendment 454
Proposal for a directive
Recital 30 a (new)
Text proposed by the Commission |
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Amendment 455
Proposal for a directive
Recital 31
Text proposed by the Commission |
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Amendment 456
Proposal for a directive
Recital 31 a (new)
Text proposed by the Commission |
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Amendment 457
Proposal for a directive
Recital 32
Text proposed by the Commission |
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Amendment 458
Proposal for a directive
Recital 32 a (new)
Text proposed by the Commission |
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Amendment 459
Proposal for a directive
Recital 33
Text proposed by the Commission |
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Amendment 460
Proposal for a directive
Recital 33 a (new)
Text proposed by the Commission |
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Amendment 461
Proposal for a directive
Recital 33 b (new)
Text proposed by the Commission |
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Amendment 462
Proposal for a directive
Recital 35
Text proposed by the Commission |
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Amendment 463
Proposal for a directive
Recital 38
Text proposed by the Commission |
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Amendment 464
Proposal for a directive
Recital 38 a (new)
Text proposed by the Commission |
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Amendment 465
Proposal for a directive
Recital 39
Text proposed by the Commission |
Amendment |
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Amendment 466
Proposal for a directive
Recital 40
Text proposed by the Commission |
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Amendment 467
Proposal for a directive
Recital 42
Text proposed by the Commission |
Amendment |
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deleted |
Amendment 468
Proposal for a directive
Recital 42 a (new)
Text proposed by the Commission |
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Amendment 469
Proposal for a directive
Recital 42 b (new)
Text proposed by the Commission |
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Amendment 470
Proposal for a directive
Recital 42 c (new)
Text proposed by the Commission |
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Amendment 471
Proposal for a directive
Recital 43 a (new)
Text proposed by the Commission |
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Amendment 472
Proposal for a directive
Recital 44
Text proposed by the Commission |
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Amendment 473
Proposal for a directive
Recital 46
Text proposed by the Commission |
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Amendment 474
Proposal for a directive
Recital 47
Text proposed by the Commission |
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Amendment 475
Proposal for a directive
Recital 48
Text proposed by the Commission |
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Amendment 476
Proposal for a directive
Recital 50
Text proposed by the Commission |
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Amendment 477
Proposal for a directive
Recital 52
Text proposed by the Commission |
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Amendment 478
Proposal for a directive
Recital 52 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 479
Proposal for a directive
Recital 52 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 480
Proposal for a directive
Recital 54
Text proposed by the Commission |
Amendment |
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Amendment 481
Proposal for a directive
Recital 55
Text proposed by the Commission |
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Amendment 482
Proposal for a directive
Recital 59 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 483
Proposal for a directive
Recital 59 b (new)
Text proposed by the Commission |
Amendment |
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Amendment 484
Proposal for a directive
Recital 61
Text proposed by the Commission |
Amendment |
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Amendment 485
Proposal for a directive
Recital 62
Text proposed by the Commission |
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Amendment 486
Proposal for a directive
Recital 66 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 487
Proposal for a directive
Recital 67
Text proposed by the Commission |
Amendment |
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Amendment 488
Proposal for a directive
Recital 67 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 489
Proposal for a directive
Article 1 — paragraph 1 — point - 1 (new)
Directive 2003/87/EC
Article 1 — paragraph 2
Present text |
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This Directive also provides for the reductions of greenhouse gas emissions to be increased so as to contribute to the levels of reductions that are considered scientifically necessary to avoid dangerous climate change. |
‘This Directive also provides for the reductions of greenhouse gas emissions to be increased so as to contribute to the levels of reductions that are considered scientifically necessary to avoid dangerous climate change , to reach the Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter as laid down in Article 2(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council (*1) , and to achieve the commitments of the Union and its Member States under the Paris Agreement, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations . |
Amendment 490
Proposal for a directive
Article 1 — paragraph 1 — point 1
Directive 2003/87/EC
Article 2 — paragraph 1
Text proposed by the Commission |
Amendment |
1. This Directive shall apply to the activities listed in Annexes I and III, and to the of greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold , it shall remain in the scope of the EU ETS until the end of the relevant five year period referred to in Article 11(1), second subparagraph, following the change to its production process. |
1. This Directive shall apply to the activities listed in Annexes I and III, and to the greenhouse gases listed in Annex II. Where an installation that is included in the scope of the EU ETS due to the operation of combustion units with a total rated thermal input exceeding 20 MW changes its production processes to reduce its greenhouse gas emissions and no longer meets that threshold or no longer emits greenhouse gases, the operator of that installation may decide that the installation is to remain in the scope of the EU ETS until the end of the next five year period referred to in Article 11(1), second subparagraph, following the change to its production process. |
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By 31 December 2025, the Commission shall assess, and submit a report to the European Parliament and to the Council on, the inclusion of installations with a total rated thermal input below 20 MW in the scope of the EU ETS in the next period. That report shall be accompanied, where appropriate, by a legislative proposal to include such installations. |
Amendment 491
Proposal for a directive
Article 1 — paragraph 1 — point 2 — point d
Directive 2003/87/EC
Article 3 — paragraph 1 — point v a (new)
Text proposed by the Commission |
Amendment |
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Amendment 492
Proposal for a directive
Article 1 — paragraph 1 — point 2 — point d
Directive 2003/87/EC
Article 3 — paragraph 1 — point w a (new)
Text proposed by the Commission |
Amendment |
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Amendment 493
Proposal for a directive
Article 1 — paragraph 1 — point 2 — point d
Directive 2003/87/EC
Article 3 — paragraph 1 — point w b (new)
Text proposed by the Commission |
Amendment |
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Amendment 494
Proposal for a directive
Article 1 — paragraph 1 — point 2 — point d
Directive 2003/87/EC
Article 3 — paragraph 1 — point w c (new)
Text proposed by the Commission |
Amendment |
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Amendment 495
Proposal for a directive
Article 1 — paragraph 1 — point 2 — point d
Directive 2003/87/EC
Article 3 — paragraph 1 — point y
Text proposed by the Commission |
Amendment |
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Amendment 496
Proposal for a directive
Article 1 — paragraph 1 — point 2 a (new)
Directive 2003/87/EC
Article - 3a (new)
Text proposed by the Commission |
Amendment |
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‘Article - 3a The Commission shall, together with the Executive Committee of the Warsaw International Mechanism for Loss and Damage and other international organisations, assess potential compensation measures that the Union as a whole could implement for vulnerable and developing countries and report on that assessment to the European Parliament and the Council by the end of 2022.’ |
Amendment 497
Proposal for a directive
Article 1 — paragraph 1 — point 4
Directive 2003/87/EC
Article 3a — paragraph 1
Text proposed by the Commission |
Amendment |
Articles 3b to 3f shall apply to the allocation and issue of allowances in respect of the aviation activities listed in Annex I. Articles 3g to 3ge shall apply in respect of the maritime transport activities listed in Annex I. |
Articles 3b to 3f shall apply to the allocation and issue of allowances in respect of the aviation activities listed in Annex I. Articles 3g to 3geb shall apply to the allocation and issue of allowances in respect of the maritime transport activities listed in Annex I carried out by ships of 5 000 gross tonnage and above . From 1 January 2027, Articles 3g to 3geb shall apply to the allocation and issue of allowances in respect of the maritime transport activities listed in Annex I carried out by ships of 400 gross tonnage and above. By that date, the Commission shall carry out an assessment of the level playing field for all ships and the avoidance of possible unwanted adverse effects on greenhouse gas emissions resulting from the possible replacement of ships of 5 000 gross tonnage and above by several ships of a gross tonnage below that threshold in the absence of lowering the threshold. The Commission shall, where appropriate, accompany that assessment with a legislative proposal to amend this Directive. By 31 December 2024, the Commission, supported by the European Scientific Advisory Board on Climate Change referred to in Article 3 of Regulation (EU) 2021/1119, shall assess, and report to the European Parliament and to the Council on, the impact on the global climate of greenhouse gas emissions other than CO2, CH4 and N2O and of particles with a global warming potential, from ships arriving at, within or departing from ports under the jurisdiction of a Member State. That report shall be accompanied, where appropriate, by a legislative proposal to address the question of how to deal with such emissions and particles. |
Amendment 498
Proposal for a directive
Article 1 — paragraph 1 — point 5
Directive 2003/87/EC
Article 3g — paragraph 1
Text proposed by the Commission |
Amendment |
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, fifty percent (50 %) of the emissions from ships performing voyage departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, one hundred percent (100 %) of emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) of emissions from ships at berth in a port under the jurisdiction of a Member State. |
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of one hundred percent (100 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State and one hundred percent (100 %) of the emissions from ships at berth in a port under the jurisdiction of a Member State. Until 31 December 2026, the allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, and fifty percent (50 %) of the emissions from ships performing voyages departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State. From 1 January 2027 and subject to the derogations set out in Article 3gaa, the allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of one hundred percent (100 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, and one hundred percent (100 %) of the emissions from ships performing voyages departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State. |
Amendment 499
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2003/87/EC
Article 3ga
Text proposed by the Commission |
Amendment |
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Article 3ga |
Article 3ga |
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Phase-in of requirements for maritime transport |
Requirements for maritime transport |
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Shipping companies shall be liable to surrender allowances according to the following schedule: |
From 1 January 2024 and each year thereafter, shipping companies shall be liable to surrender allowances corresponding to one hundred percent (100 %) of verified emissions reported for each respective year. |
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To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 2023, 2024 and 2025, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10. |
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Amendment 500
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2003/87/EC
Article 3ga a (new)
Text proposed by the Commission |
Amendment |
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Article 3gaa |
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Derogations conditional on the taking of measures by third countries and international organisations to address the climate impact of maritime transport |
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1. The Commission shall engage with third countries with the aim of establishing bilateral or multilateral agreements on actions and measures to reduce greenhouse gas emissions from maritime transport in line with the goal of keeping the global temperature rise within 1,5 oC above pre-industrial levels, in line with the Paris Agreement. The Commission shall keep the European Parliament and the Council informed of any developments in this regard. |
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2. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by introducing a proportionate reduction of the scope of application of the Union measures while maintaining in the scope of the EU ETS at least fifty percent (50 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, and fifty percent (50 %) of the emissions from ships performing voyages departing from a port outside the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, where: |
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Amendment 501
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2003/87/EC
Article 3ga b (new)
Text proposed by the Commission |
Amendment |
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Article 3gab |
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Ocean Fund |
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1. A fund (‘the Ocean Fund’) shall be established to support projects and investments referred to in paragraph 4. 75 % of the revenues generated from the auctioning of allowances referred to in Article 3g shall be used through the Ocean Fund. Furthermore, any external assigned revenues referred to in Article 21(2) of Regulation (EU) …/… [FuelEU Maritime] shall be allocated to the Ocean Fund and used in accordance with paragraph 4. |
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2. Shipping companies may pay an annual membership contribution to the Ocean Fund in accordance with their total emissions reported for the preceding calendar year under Regulation (EU) 2015/757 to limit the administrative burden for shipping companies, including small and medium-sized companies and companies that are not frequently active within the scope of this Directive. The Ocean Fund shall surrender allowances collectively on behalf of shipping transport companies that are members of the Ocean Fund. The membership contribution per tonne of emissions shall be set by the Ocean Fund by 28 February each year, but shall be at least equal to the highest recorded primary or secondary market settlement price for allowances in the preceding year. |
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3. The Ocean Fund shall be managed centrally through a Union body. The governance structure of the Ocean Fund shall be similar to and ensure synergy with the governance structure of the Climate Investment Fund established under Article 10a(8), applying, where relevant, the rules for governance and support as laid down in that Article. The Ocean Fund’s governance structure and decision-making process shall be transparent and inclusive, in particular in relation to the setting of priority areas, criteria and grant allocation procedures. Relevant stakeholders shall have an appropriate consultative role. All information on the projects and investments supported by the Ocean Fund and all other relevant information on the functioning of the Ocean Fund shall be made available to the public. |
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4. Funds provided under the Ocean Fund shall support the transition to an energy efficient and climate resilient Union maritime sector and be used to support projects and investments in relation to the following: |
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15 % of the Ocean Fund shall be used to contribute to the protection, restoration and better management of marine ecosystems impacted by global warming, such as marine protected areas, and to promote a crosscutting sustainable blue economy, such as renewable marine energy. |
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All investment supported by the Ocean Fund shall be made public and shall be consistent with the aims of this Directive. |
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5. All funding provided under the Ocean Fund shall be carried out in accordance with: |
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6. The Commission shall engage with third countries with regard to exploring options as to how they could also make use of the Ocean Fund. A corresponding share of the Ocean Fund shall be made available for those countries outside the Union, in particular Least Developed Countries and Small Island Developing States, whose voyages from or to a port outside the jurisdiction of a Member State are covered one hundred percent (100 %) by measures aiming at adapting to climate change and decreasing their emissions in the maritime sector. |
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7. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the implementation of this Article. When implementing the Ocean Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council (**) to ensure the protection of funds in relation to measures and investments supported by the Ocean Fund, in the event of failure to respect the rule of law in the Member States. To that end, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used. |
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Amendment 502
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2003/87/EC
Article 3gd a (new)
Text proposed by the Commission |
Amendment |
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Article 3gda Contractual arrangements Where the ultimate responsibility for the purchase of the fuel or the operation of the ship is assumed, pursuant to a contractual arrangement, by an entity other than the shipping company, that entity shall be responsible under the contractual arrangement for covering the costs arising from compliance with the obligations under this Directive. For the purposes of this Article, ‘operation of the ship’ means determining the cargo carried by, or the route and speed of, the ship. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs referred to in the first paragraph of this Article in accordance with Article 16. |
Amendment 503
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2003/87/EC
Article 3ge — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate. |
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization (IMO) of a global market-based measure to reduce greenhouse gas emissions from maritime transport. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate. |
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Within 12 months of the adoption of such a measure and before that measure becomes operational, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission, supported by the European Scientific Advisory Board on Climate Change, shall present a report to the European Parliament and to the Council in which it shall examine any such measure. |
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That report shall examine the ambition and overall environmental integrity of the measures decided upon by the IMO, including their general ambition in relation to the Paris Agreement objective of limiting the temperature increase in the global average temperature to 1,5 oC above pre-industrial levels, to the Union economy-wide greenhouse gas emissions reduction target for 2030 and to the climate-neutrality objective as set out in Regulation (EU) 2021/1119, and shall compare the overall environmental integrity of those measures to the overall environmental integrity involved in applying the EU ETS in accordance with the rules set out in this Directive. |
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The report shall take into account the level of participation in those global measures, their enforceability, transparency, penalties for non-compliance, the processes for public input, monitoring, reporting and verification of emissions, registries and accountability. |
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The Commission shall also monitor adverse impacts as regards, inter alia, possible transport cost increases, market distortions and changes in port traffic, such as port evasion and shifts of transhipment hubs, the overall competitiveness of the maritime sector in the Member States, and in particular the adverse impacts on those shipping services that provide essential services of ‘territorial continuity’. |
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In the event of the adoption of such a global market-based measure to reduce greenhouse gas emissions from maritime transport in line with the Paris Agreement and to at least a level comparable to that resulting from the Union measures taken under this Directive, the Commission may, where appropriate, accompany the report with a legislative proposal to amend this Directive and align it with measures taken on the global level while recognising the Union’s sovereignty to regulate its share of emissions from international shipping voyages in line with the obligations of the Paris Agreement. |
Amendment 504
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2003/87/EC
Article 3ge — paragraph 2
Text proposed by the Commission |
Amendment |
2. The Commission shall monitor the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requirements of this Directive. If appropriate, the Commission shall propose measures to prevent such avoidance . |
2. The Commission shall monitor , and report biennially from … [the year following the entry into force of this amending Directive], on the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requirements of this Directive. The Commission shall also monitor adverse impacts as regards, inter alia, possible transport cost increases, market distortions and changes in port traffic such as port evasion and shifts of transhipment hubs, the overall competitiveness of the maritime sector in the Member States, and in particular the adverse impacts on those shipping services that provide essential services of territorial continuity. If appropriate, the Commission shall propose measures to prevent possible adverse impacts or circumvention of the requirements of this Directive . |
Amendment 505
Proposal for a directive
Article 1 — paragraph 1 — point 6
Directive 2003/87/EC
Article 3ge a (new)
Text proposed by the Commission |
Amendment |
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Article 3gea By way of derogation from Article 3g(1), where the distance between a port under the jurisdiction of a Member State and a port outside the jurisdiction of a Member State is less than 300 nautical miles, the allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of one hundred percent (100 %) of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, including transhipment ports, and one hundred percent (100 %) of the emissions from ships performing voyages departing from a port outside the jurisdiction of a Member State, including transhipment ports, and arriving at a port under the jurisdiction of a Member State. |
Amendment 506/rev
Proposal for a directive
Article 1 — paragraph 1 — point 7
Directive 2003/87/EC
Article 3h
Text proposed by the Commission |
Amendment |
Article 3h |
Article 3h |
Scope |
Scope |
The provisions of this Chapter shall apply to greenhouse gas emissions permits and the allocation and issue of allowances in respect of activities listed in Annex I other than aviation and maritime transport activities.; |
1. The provisions of this Chapter shall apply to greenhouse gas emissions permits and the allocation and issue of allowances in respect of activities listed in Annex I other than aviation and maritime transport activities. |
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1a. Without prejudice to the provisions laid down in Article 4 of Directive 2008/98/EC, from 1 January 2026, the provisions of this Chapter shall apply to greenhouse gas emissions permits and the allocation and issue of allowances in respect of municipal waste incineration installations. |
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1b. By 31 December 2024, the Commission shall present a report to the European Parliament and to the Council in which it shall examine the possible impacts of the inclusion of municipal waste incineration installations in the EU ETS, on the deviation towards disposal of waste by landfilling in the Union, and on waste exports to third countries. |
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In that report, the Commission shall also assess the possibility of including in the EU ETS other waste management processes, in particular landfills which create methane and nitrous oxide emissions in the Union. |
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The Commission shall, where appropriate, accompany that report with a legislative proposal, in particular where undercapacity exists, to prevent the impacts referred to in the first subparagraph and to include the processes referred to in the second subparagraph in the EU ETS. |
Amendment 677
Proposal for a directive
Article 1 — paragraph 1 — point 10
Directive 2003/87/EC
Article 9 — paragraph 3
Text proposed by the Commission |
Amendment |
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by [-- million allowances (to be determined depending on year of entry into force)]. In the same year , the Union-wide quantity of allowances shall be increased by 79 million allowances for maritime transport . Starting in [the year following entry into force of this amendment], the linear factor shall be 4,2 % . The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].; |
In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be decreased by 70 million allowances . In 2026 , the Union-wide quantity of allowances shall be decreased by 50 million allowances. In [the year following entry into force of this amendment], the Union-wide quantity of allowances shall be increased by [the number of allowances corresponding to the scope of application of the EU ETS to maritime transport activities as set out in Article 3g] million allowances for maritime transport. Starting in 2024, the linear factor shall be 4,4 % until the end of 2025. Starting in 2026, the linear factor shall be 4,5 %. Starting in 2029, the linear factor shall be 4,6 % . The Commission shall publish the Union-wide quantity of allowances within 3 months of [date of entry into force of the amendment to be inserted].; |
Amendment 508
Proposal for a directive
Article 1 — paragraph 1 — point 10
Directive 2003/87/EC
Article 9 — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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From 1 January 2026, the Union-wide quantity of allowances shall be increased to take account of the inclusion of municipal waste incineration installations in the EU ETS. The Commission shall adopt implementing acts setting out the amount of the increase in the Union-wide quantity of allowances to take into account the inclusion of municipal waste incineration installations in the EU ETS. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2). |
Amendment 509
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point a
Directive 2003/87/EC
Article 10 — paragraph 1 — subparagraph 3a
Text proposed by the Commission |
Amendment |
In addition, 2,5 % of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. |
In addition, 2,5 % of the total quantity of allowances between 2024 and 2030 shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65 % of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. The additional quantity of allowances referred to in this subparagraph shall, where appropriate, also be used to fund cross-border projects with the beneficiary Member States and the adjacent low-growth border regions. |
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In addition, 0,5 % of the total quantity of allowances between … [the year following the entry into force of this amending Directive] and 2030 shall be made available for the Climate Investment Fund established under Article 10a(8). |
Amendment 510
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point b
Directive 2003/87/EC
Article 10 — paragraph 3 — subparagraph 1 — introductory part
Text proposed by the Commission |
Amendment |
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6), for one or more of the following: |
3. Member States shall determine the use of revenues generated from the auctioning of allowances, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget as general income. The revenue accruing to the Union budget shall respect the principle of universality in accordance with Article 7 of Council Decision (EU, Euratom) 2020/2053 (*3). Member States shall use their revenues generated from the auctioning of allowances referred to in paragraph 2[, with the exception of the revenues used for the compensation of indirect carbon costs referred to in Article 10a(6)], for one or more of the following: |
Amendment 511
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point b a (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — subparagraph 1 — points b to f
Present text |
Amendment |
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Amendment 512
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point c
Directive 2003/87/EC
Article 10 — paragraph 3 — subparagraph 1 — point h
Text proposed by the Commission |
Amendment |
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Amendment 513
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point c a (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — subparagraph 1 — point h a (new)
Text proposed by the Commission |
Amendment |
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Amendment 514
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point c b (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — subparagraph 1 — point k
Present text |
Amendment |
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Amendment 515
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point c c (new)
Directive 2003/87/EC
Article 10 — paragraph 3 — subparagraphs 1 a (new) and 1 b (new)
Text proposed by the Commission |
Amendment |
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‘By way of derogation from the first subparagraph, Member States shall use at least 10 % of the revenues generated from the auctioning of allowances for the development of public transport, in particular climate-friendly passenger and freight rail transport and bus services and technologies, as referred to in point (f) of that subparagraph. By way of derogation from the first subparagraph, Member States shall use at least 10 % of the revenues generated from the auctioning of allowances to finance additional climate actions in vulnerable third countries, as referred to in point (j) of that subparagraph.’ |
Amendment 516
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point c d (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). Member States shall inform the Commission as to the use of revenues and the actions taken pursuant to this paragraph in their reports submitted under Decision No 280/2004/EC. |
‘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 100 % 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). Member States shall inform the Commission as to the use of revenues and the actions taken pursuant to this paragraph in their reports submitted under Decision No 280/2004/EC.’ |
Amendment 517
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point c e (new)
Directive 2003/87/EC
Article 10 — paragraphs 3 a (new) and 3 b (new)
Text proposed by the Commission |
Amendment |
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‘3a. Member States shall submit to the Commission a plan on the use of revenues together with each update of the integrated national energy and climate plan referred to in Article 14(1) and (2) of Regulation (EU) 2018/1999. In accordance with Article 19(2) of that Regulation, Member States shall also report annually to the Commission on the use of revenues and the actions taken pursuant to paragraph 3 of this Article. Member States shall submit full, quality and consistent information. In particular, they shall define in their reports the meaning of “committed” and “disbursed” amounts, and submit rigorous financial information. If necessary to ensure compliance with those reporting obligations, Member States shall earmark revenues in their national budgets. |
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Member States shall ensure that EU ETS revenues are spent in a manner consistent with the obligations laid down in paragraph 3 and maintain their traceability, and ensure that they are additional to national climate spending. The Commission shall take all necessary measures to ensure that Member States respect their reporting obligations under this paragraph. |
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3b. Member States shall use the revenues generated from auctioning of allowances, and not used as own resources, referred to paragraph 2 of this Article, in accordance with: |
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Amendment 518
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point d a (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 and on other relevant climate and energy policies, including the operation of the auctions, liquidity and the volumes traded, and summarising the information provided by Member States on the financial measures referred to in Article 10a(6). 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. |
‘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 and on other relevant climate and energy policies, including the operation of the auctions , the role and impact of non-compliance operators such as financial investors in the market , liquidity and the volumes traded, and summarising the information provided by Member States on the financial measures referred to in Article 10a(6). 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.’ |
Amendment 519
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point d b (new)
Directive 2003/87/EC
Article 10 — paragraph 5 a (new)
Text proposed by the Commission |
Amendment |
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‘5a. Following the final report of 28 March 2022 of the European Securities and Markets Authority (ESMA) on emission allowances and associated derivatives, the Commission shall, where appropriate, present a legislative proposal by … [six months after the entry into force of this Directive] to follow up on the recommendations in that report, in order to improve the level of transparency, monitoring and reporting on the European emission allowance markets as well as related derivative markets, taking into account the Union-wide nature of those markets.’ |
Amendment 520
Proposal for a directive
Article 1 — paragraph 1 — point 11 — point d c (new)
Directive 2003/87/EC
Article 10 — paragraph 5 b (new)
Text proposed by the Commission |
Amendment |
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‘5b. ESMA shall regularly monitor the integrity and transparency of the European emission allowance markets as well as related derivative markets. It shall on a regular basis publish a report on the integrity and transparency of those markets, drawing, as necessary, on the Union registry data and the data reported or made available to the competent authorities. In that report, ESMA shall in particular examine the functioning of the markets in light of any market volatility and price evolution, the operation of the auctions and trading operations on the markets, liquidity and the volumes traded, and the categories and trading behaviour of market participants. That report shall, where relevant, include recommendations to strengthen market integrity and improve market transparency. Those recommendations shall, in particular, consider measures to enhance the information available to market participants and the public at large on the functioning of the emission allowance markets and related derivative markets, improve regulatory reporting and market monitoring in emission allowance markets and related derivative markets, promote the prevention and detection of market abuse and help in maintaining orderly markets for emission allowances and related derivatives. |
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The Commission shall assess the recommendations referred to in the first subparagraph of this paragraph in the next report submitted pursuant to paragraph 5 following the publication of ESMA’s report. The Commission shall, where appropriate, accompany that report with a legislative proposal to improve the transparency and integrity of the emission allowance markets and related derivative markets, taking into account the Union-wide nature of those markets.’ |
Amendment 521
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point a — point -i (new)
Directive 2003/87/EC
Article 10a — paragraph 1 — subparagraph 2
Present text |
Amendment |
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The measures referred to in the first subparagraph shall, to the extent feasible, determine Union-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. |
‘The measures referred to in the first subparagraph shall, to the extent feasible, determine Union-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 available in respect of any electricity production.’ |
Amendment 522
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point a — point i
Directive 2003/87/EC
Article 10a — paragraph 1 — subparagraph 2a
Text proposed by the Commission |
Amendment |
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In the case of installations covered by the obligation to conduct an energy audit under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council (*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report are implemented, to the extent that the pay-back time for the relevant investments does not exceed five years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced by 25 % . The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report. The measures referred to in the first subparagraph shall be adjusted accordingly. |
In the case of installations covered by the obligation to conduct an energy audit or implement a certified energy management system under Article 8(4) of Directive 2012/27/EU of the European Parliament and of the Council (*) [Article reference to be updated with the revised Directive], free allocation shall only be granted fully if the recommendations of the audit report or of the certified energy management system are implemented, to the extent that the pay-back time for the relevant investments does not exceed eight years and that the costs of those investments are proportionate. Otherwise, the amount of free allocation shall be reduced in accordance with the ninth and tenth subparagraphs of this paragraph . The amount of free allocation shall not be reduced if an operator demonstrates that it has implemented other measures which lead to greenhouse gas emission reductions equivalent to those recommended by the audit report for the installation concerned . The measures referred to in the first subparagraph of this paragraph shall be adjusted accordingly. |
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In addition to the requirements set out in the third subparagraph of this paragraph, by 1 July 2025, operators in sectors or subsectors eligible for free allocation of allowances pursuant to Articles 10a and 10b shall establish a decarbonisation plan for each of their installations for its activities covered by this Directive. That plan shall be consistent with the climate-neutrality objective set out in Article 2(1) of Regulation (EU) 2021/1119 and any relevant sectoral roadmaps prepared in accordance with Article 10 of that Regulation and shall set out: |
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Member States may provide financial support to operators for the implementation of their decarbonisation plans referred to in the fourth subparagraph. Such support shall not be considered illegal State aid. |
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The attainment of the targets and milestones referred to in the fourth subparagraph, point (b), shall be verified by 31 December 2025 and by 31 December of each subsequent year until 2050, in accordance with the verification and accreditation procedures provided for in Article 15. |
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If no decarbonisation plan has been established in accordance with the fourth subparagraph or if the milestones and targets in that plan have not been attained, the amount of free allocation shall be reduced in accordance with the ninth and tenth subparagraphs. |
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The Commission, supported by the European Scientific Advisory Board on Climate Change, is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by setting out the minimal content and format of the decarbonisation plans referred to in the fourth subparagraph of this paragraph, in particular as regards the benchmarks for the targets and milestones referred to in point (b) of that subparagraph. The establishment and adoption of the delegated acts shall involve all relevant stakeholders. |
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Where the requirements in either the third subparagraph or the fourth subparagraph have not been fulfilled, free allocation shall be reduced by: |
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Where the requirements in neither the third subparagraph nor the fourth subparagraph have been fulfilled, the percentages set out in the ninth subparagraph, points (a), (b) and (c), shall be doubled. |
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An additional free allocation of 10 % of the applicable benchmark value shall be given to installations whose greenhouse gas emission levels are below the average of the 10 % most efficient installations in a sector or subsector in the Union for the relevant product benchmarks, provided allowances are available in accordance with the twelfth subparagraph. |
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For the purpose of the additional free allocation referred to in the eleventh subparagraph, any allowances that are not allocated due to a reduction of free allocation in accordance with the ninth and tenth subparagraphs shall be used. |
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Amendment 523
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point a — point ii
Directive 2003/87/EC
Article 10a — paragraph 1 — subparagraph 3
Text proposed by the Commission |
Amendment |
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed before the period from 2026 to 2030 in view of potentially modifying the definitions and system boundaries of existing product benchmarks. |
In order to provide further incentives for reducing greenhouse gas emissions and improving energy efficiency, the determined Union-wide ex-ante benchmarks shall be reviewed as soon as possible and no later than … [six months after the date of entry into force of this amending Directive] in view of potentially modifying the definitions , scope and system boundaries of existing product benchmarks and potentially including new benchmarks ensuring that free allocation for the production of a product is independent of the feedstock or the type of production process, where the production processes have the same purpose, accounts for the circular use potential of materials, or avoids installations with partially or fully decarbonised processes that produce products with similar or equal characteristics to conventional installations in the benchmark being excluded from or unable to participate in the benchmarks system . The benchmark values resulting from that review shall be published as soon as the necessary information becomes available, in order for those benchmark values to apply from 2026. |
Amendment 678
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point b
Directive 2003/87/EC
Article 10a — paragraph 1a — subparagraph 2
Text proposed by the Commission |
Amendment |
By way of derogation from the previous subparagraph, for the first years of operation of Regulation [CBAM], the production of these products shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of these products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period during the entry into force of [CBAM regulation] and the end of 2025, 90 % in 2026 and shall be reduced by 10 percentage points each year to reach 0 % by the tenth year. |
By way of derogation from the first subparagraph, for the first years of operation of Regulation [CBAM], the production of products listed in Annex I to that Regulation shall benefit from free allocation in reduced amounts. A factor reducing the free allocation for the production of those products shall be applied (CBAM factor). The CBAM factor shall be equal to 100 % for the period between… [the date of entry into force of [CBAM regulation]] and the end of 2026 , and, contingent upon the application of Article 36(3), point (d), of Regulation (EU) …/… [CBAM Regulation], 93 % in 2027, 84 % in 2028, 69 % in 2029, 50 % in 2030, and 25 % in 2031, to reach 0 % in 2032. |
Amendment 679
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point b
Directive 2003/87/EC
Article 10a — paragraph 1a — subparagraphs 2 a (new) and 2 b (new)
Text proposed by the Commission |
Amendment |
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In order to ensure a level playing field, by way of derogation from the first and second subparagraphs, the production in the Union of products listed in Annex I to Regulation [CBAM] shall continue to receive free allocation, provided such products are produced for export to third countries without carbon pricing mechanisms similar to the EU ETS. |
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By … [one year before the end of the transitional period as set out in Regulation [CBAM]], the Commission shall present a report to the European Parliament and to the Council in which it shall provide a detailed assessment of the effects of the EU ETS and CBAM on the production in the Union of products listed in Annex I to Regulation [CBAM] that are produced for export to third countries and on the development of global emissions, as well as an assessment of the WTO compatibility of the derogation laid down in the previous subparagraph, assessing in particular potential export adjustment mechanisms for installations belonging to the 10 % most efficient installations as laid down in this Article, in the light of WTO compatibility or any other proposals the Commission deems appropriate. The Commission shall, where appropriate, accompany that report with a legislative proposal providing for protection against the risk of carbon leakage that equalises carbon pricing for the production in the Union of products listed in Annex I to Regulation [CBAM] that are produced for export to third countries without carbon pricing mechanisms similar to the EU ETS, in a way that is WTO-compatible by … [the end of the transitional period as set out in Regulation [CBAM]]. |
Amendment 529
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point b
Directive 2003/87/EC
Article 10a — paragraph 1a — subparagraph 4
Text proposed by the Commission |
Amendment |
Allowances resulting from the reduction of free allocation shall be made available to support innovation in accordance with Article 10a(8). |
Allowances resulting from the reduction of free allocation shall be made available to the Climate Investment Fund in accordance with Article 10a(8). |
Amendment 530
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point b a (new)
Directive 2003/87/EC
Article 10a — paragraph 1a a (new)
Text proposed by the Commission |
Amendment |
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‘1aa. Each year from 2025, as part of its annual report to the European Parliament and to the Council pursuant to Article 10(5), the Commission shall assess the effectiveness of the Carbon Border Adjustment Mechanism (“CBAM”) in addressing the carbon leakage risk for goods produced in the Union for export to third countries which do not apply the EU ETS or a similar carbon pricing mechanism. The report shall in particular assess the development of Union exports in CBAM sectors and the developments as regards trade flows and the embedded emissions of those goods on the global market. Where the report concludes that there is a carbon leakage risk for goods produced in the Union for export to such third countries which do not apply the EU ETS or a similar carbon pricing mechanism, the Commission shall, where appropriate, present a legislative proposal to address that carbon leakage risk in a manner that is compliant with WTO rules and takes into account the decarbonisation of installations in the Union.’ |
Amendment 531
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point c — point i
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 — point c
Text proposed by the Commission |
Amendment |
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Amendment 532
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point c — point ii
Directive 2003/87/EC
Article 10a — paragraph 2 — subparagraph 3 — point d
Text proposed by the Commission |
Amendment |
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Amendment 533
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point d a (new)
Directive 2003/87/EC
Article 10a — paragraph 5
Text proposed by the Commission |
Amendment |
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5. In order to respect the auctioning share set out in Article 10, for every year in which the sum of free allocations does not reach the maximum amount that respects the auctioning share, the remaining allowances up to that amount shall be used to prevent or limit reduction of free allocations to respect the auctioning share in later years. Where, nonetheless, the maximum amount is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform manner. |
‘5. In order to respect the auctioning share set out in Article 10, for every year in which the sum of free allocations does not reach the maximum amount that respects the auctioning share, the remaining allowances up to that amount shall be used to prevent or limit reduction of free allocations to respect the auctioning share in later years. Where, nonetheless, the maximum amount is reached, free allocations shall be adjusted accordingly. Any such adjustment shall be done in a uniform manner. However, installations whose greenhouse gas emission levels are below the average of the 10 % most efficient installations in a sector or subsector in the Union for the relevant benchmarks in a year when the adjustment applies shall be exempted from that adjustment. ’ |
Amendment 534
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 1
Text proposed by the Commission |
Amendment |
365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund ’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph. |
390 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 110 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances referred to in Article 10(1), fifth subparagraph, shall be made available to a Fund (the ‘Climate Investment Fund’). In addition, any allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall also be made available to the Climate Investment Fund . The Climate Investment Fund shall have the objective of supporting innovation in techniques, processes and technologies that contribute significantly to the decarbonisation of the sectors covered by this Directive and contribute to zero pollution and circularity objectives , as well as the scaling up of techniques, processes and technologies that may no longer be considered innovative, but nevertheless possess a significant greenhouse gas emissions abatement potential and contribute to energy and resource savings in line with the Union’s climate and energy targets for 2030. To foster innovation in breakthrough technologies as soon as possible, the Commission shall ensure that a share of the financing made available through the Climate Investment Fund is ‘ frontloaded’ during the period from … to … [the first five years of the implementation of this amending Directive] . Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph. |
Amendment 535
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 2
Text proposed by the Commission |
Amendment |
In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU (*), and shall be used in a timely manner for innovation support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) [FuelEU Maritime] shall be allocated to the Innovation Fund and implemented in line with this paragraph. |
In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU (*), and shall be used in a timely manner for innovation and decarbonisation support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in Article 5(6) of Regulation (EU) 2018/842 of the European Parliament and of the Council (**) shall be allocated to the Ocean Fund established by Article 3gab, and implemented in line with this paragraph. |
Amendment 536
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 3
Text proposed by the Commission |
Amendment |
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (‘CCU’) that contributes substantially to mitigating climate change , as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (‘CCS’) of CO2 , as well as of innovative renewable energy and energy storage technologies ; in geographically balanced locations. The Innovation Fund may also support break-through innovative technologies and infrastructure to decarbonise the maritime sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies , CCU, CCS , renewable energy and energy storage, in a way that contributes to mitigating climate change. |
The Climate Investment Fund shall cover the sectors listed in Annex I and Annex III, such as innovative renewable energy and energy storage technologies , as well as products and processes substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of innovative projects aimed at the environmentally safe carbon capture and utilisation (‘CCU’) that contributes substantially to mitigating climate change, in particular for unavoidable industrial process emissions, the environmentally safe capture, transport and permanent geological storage (‘CCS’) of CO2 for unavoidable industrial process emissions, and the direct capture of CO2 from the atmosphere with safe, sustainable and permanent storage (‘DACS’). Investments in renewable hydrogen technologies may, where appropriate, also be encouraged. The Climate Investment Fund shall also support break-through innovative technologies and infrastructure to decarbonise rail and road transport , including collective forms of transport such as public transport and occasional coach services, while seeking synergies with Horizon Europe, in particular with European partnerships and where relevant, with other Union programmes . Special attention shall be given to projects , including for exports, in sectors covered by the [CBAM regulation] to support innovation in and implementation of techniques, processes and technologies that contribute significantly to the decarbonisation of the sectors covered by that Regulation, CCU, CCS, CO2 transport , renewable energy and energy storage in a way that contributes to mitigating climate change in accordance with the targets and objectives set out in Regulation (EU) 2021/1119 for 2030 and 2050, and a just transition and delivers the most marginal benefit in terms of emission reductions per support provided . The Climate Investment Fund may also support breakthrough innovative technologies aimed at the reduction of emissions in the waste sector. |
Amendment 537
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 3 a (new)
Text proposed by the Commission |
Amendment |
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At least 12 % of the allowances made available to the Climate Investment Fund shall be used for the further development and deployment of renewable energy sources in the Union in line with Directive (EU) …/… [revised RED]. |
Amendment 538
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 3 b (new)
Text proposed by the Commission |
Amendment |
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The Climate Investment Fund may also support CCDs to support decarbonisation technologies for which the carbon price might not be a sufficient incentive. The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the rules on the operation of CCDs by 31 December 2023. |
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Financial support from the Climate Investment Fund shall be proportionate to the policy objectives set out in this Article and shall not lead to undue distortions of the internal market. To this end, funds shall only be granted to cover additional costs or investment risks that cannot be borne by investors under normal market conditions. Accordingly, aid from the Climate Investment Fund shall not lead to unfair discrimination with regard to competing imported products, as required under WTO rules. |
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Where the EU ETS price is higher than the strike price at which the project has been awarded, the beneficiary shall pay back the difference to the Climate Investment Fund. |
Amendment 539
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 4
Text proposed by the Commission |
Amendment |
Projects in the territory of all Member States, including small-scale projects, shall be eligible. Technologies receiving support shall be innovative and not yet commercially viable at a similar scale without support but shall represent breakthrough solutions or be sufficiently mature for application at pre-commercial scale. |
Projects in the territory of all Member States, including medium and small-scale projects, shall be eligible. Technologies receiving support shall be innovative , demonstrate a potential for large-scale greenhouse gas reduction and not yet be commercially viable at a similar scale without support but shall represent breakthrough or not yet commercially implementable solutions or be sufficiently technologically mature for application at (pre-)commercial scale , or contribute significantly to the objective of climate neutrality and shall not be capable of being deployed at large scale without support . |
Amendment 540
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 5
Text proposed by the Commission |
Amendment |
The Commission shall ensure that the allowances destined for the Innovation Fund are auctioned in accordance with the principles and modalities laid down in Article 10(4). Proceeds from the auctioning shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation. Budgetary commitments for actions extending over more than one financial year may be broken down over several years into annual instalments. |
The Commission shall ensure that the allowances destined for the Climate Investment Fund are auctioned in accordance with the principles and modalities laid down in Article 10(4). Proceeds from the auctioning shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation. Budgetary commitments for actions extending over more than one financial year may be broken down over several years into annual instalments. |
Amendment 541
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 6
Text proposed by the Commission |
Amendment |
Projects shall be selected on the basis of objective and transparent criteria, taking into account, where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a low-carbon economy in the sectors concerned. Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported. |
Projects shall be selected by way of a transparent selection procedure, in a technology-neutral manner in accordance with the objectives of the Climate Investment Fund as set out in the first subparagraph of this paragraph and on the basis of objective and transparent criteria, taking into account the extent to which projects provide a significant contribution to the Union’s climate and energy targets while contributing to the zero pollution and circularity objectives in accordance with the first subparagraph of this paragraph, as well as the need to ensure the fair geographical distribution of projects in accordance with subparagraph 6a of this paragraph and , where relevant, the extent to which projects contribute to achieving emission reductions well below the benchmarks referred to in paragraph 2. Projects shall have the potential for widespread application or to significantly lower the costs of transitioning towards a climate neutral economy in the sectors concerned . Priority shall be given to technologies and processes addressing multiple environmental impacts . Projects involving CCU shall deliver a net reduction in emissions and ensure avoidance or permanent storage of CO2. In the case of grants provided through calls for proposals, up to 60 % of the relevant costs of projects may be supported, out of which up to 40 % need not be dependent on verified avoidance of greenhouse gas emissions, provided that pre-determined milestones, taking into account the technology deployed, are attained. In the case of support provided through competitive bidding and in the case of technical assistance support, up to 100 % of the relevant costs of projects may be supported. Projects whose reduction in emissions benefit the decarbonisation of other actors in nearby geographical areas shall have preferential treatment in the criteria used for the selection of projects. |
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Projects funded by the Climate Investment Fund shall be required to share knowledge with other relevant projects as well as with Union-based researchers having a legitimate interest. The terms of knowledge-sharing shall be defined by the Commission in calls for proposals. |
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The calls for proposal shall be open and transparent and clearly set out what kinds of technologies can be supported. In preparing the calls for proposal, the Commission shall ensure that all sectors are duly covered. The Commission shall take measures to ensure that the calls are communicated as widely as possible, and especially to small and medium-sized enterprises (‘SMEs’). |
Amendment 542
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 6 a (new)
Text proposed by the Commission |
Amendment |
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The Climate Investment Fund shall aim at a geographical balanced support, for support provided in the form of CCDs, and for projects related to upscaling, while ensuring the highest possible quality of the projects and upholding the selection criteria referred to in the sixth subparagraph of this paragraph, taking into account specific sectoral circumstances and investment needs, in particular in the sectors covered by Article 3g and Chapter IVa. |
Amendment 543
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 7
Text proposed by the Commission |
Amendment |
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The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the Innovation Fund, including the selection procedure and criteria, and the eligible sectors and technological requirements for the different types of support. |
The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning rules on the operation of the Climate Investment Fund, including the selection procedure and criteria , the participation of SMEs , and the eligible sectors and technological requirements for the different types of support. The Commission shall aim for a timetable that frontloads a share of the support from the Climate Investment Fund to the beginning of the period. When implementing the Climate Investment Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 to ensure the protection of funds in relation to measures and investments supported by the Climate Investment Fund in the event of failure to respect the rule of law in the Member States. To that end, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used. |
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In order to ensure a fair and just transition, the selection criteria shall take into consideration environmental and social safeguards. All financial resources from the Climate Investment Fund shall be used in accordance with: |
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In the case of support through CCDs, those delegated acts shall allow for technology neutral, price-competitive tendering in accordance with the objectives of the Climate Investment Fund as set out in the first subparagraph. |
Amendment 544
Proposal for a directive
Article 1 — paragraph 1 — point 12 — point g
Directive 2003/87/EC
Article 10a — paragraph 8 — subparagraph 7 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall present every two years to the European Parliament and the Council a report outlining the consistency of the projects funded through the Climate Investment Fund and the objective of climate neutrality set out in Regulation (EU) 2021/1119, the progress achieved towards the deployment of the investments described in the industrial decarbonisation plans, and its action plan for the next two-year period. |
Amendment 545
Proposal for a directive
Article 1 — paragraph 1 — point 13
Directive 2003/87/EC
Article 10c
Text proposed by the Commission |
Amendment |
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‘Member States shall require benefiting electricity generating installations and network operators to report, by 28 February of each year, on the implementation of their selected investments, including the balance of free allocation and investment expenditure incurred and the types of investments supported. Member States shall report on this to the Commission, and the Commission shall make such reports public.’; |
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Amendment 546
Proposal for a directive
Article 1 — paragraph 1 — point 13 a (new)
Directive 2003/87/EC
Article 10c a (new)
Text proposed by the Commission |
Amendment |
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‘Article 10ca Transitional free allocation for the modernisation of the energy sector Any allowances for transitional free allocation for the modernisation of the energy sector that have not been allocated to operators in the Member States concerned by 31 December 2023 shall be added to the total quantity of allowances that the Member State concerned receives for auctioning pursuant to Article 10(2), point (a). However, Member States may use those allowances, or some of those allowances, in accordance with Article 10d to support investments within the framework of the Modernisation Fund.’ |
Amendment 547
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point a
Directive 2003/87/EC
Article 10d — paragraph 1 — subparagraphs 1 a (new) and 1 b (new)
Text proposed by the Commission |
Amendment |
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Support from the Modernisation Fund shall only be granted to Member States that have adopted legally binding targets for achieving climate neutrality by 2050 at the latest, as well as measures for the phasing out of all fossil fuels in a timeframe consistent with the targets set out in Regulation (EU) 2021/1119. |
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In addition, no support under the Modernisation Fund shall be provided to support investments proposed by a beneficiary Member State in respect of which the procedure provided for in Article 6 of Regulation (EU, Euratom) 2020/2092 is ongoing or in respect of which the Council has adopted an implementing decision on appropriate measures pursuant to that Article. |
Amendment 548
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point a
Directive 2003/87/EC
Article 10d — paragraph 1 — subparagraph 2
Text proposed by the Commission |
Amendment |
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 of the European Parliament and of the Council (**) and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy generation facilities that use fossil fuels. |
The investments supported shall be consistent with the aims of this Directive, as well as the objectives of the Communication from the Commission of 11 December 2019 on The European Green Deal (*) and Regulation (EU) 2021/1119 and the long-term objectives as expressed in the Paris Agreement. No support from the Modernisation Fund shall be provided to energy -related activities that use fossil fuels. |
Amendment 549
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b
Directive 2003/87/EC
Article 10d — paragraph 2 — introductory part
Text proposed by the Commission |
Amendment |
2. At least 80 % of the financial resources from the Modernisation Fund shall be used to support investments in the following: |
2. 100 % of the financial resources from the Modernisation Fund shall be used to support investments in the following: |
Amendment 550
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b
Directive 2003/87/EC
Article 10d — paragraph 2 — point a a (new)
Text proposed by the Commission |
Amendment |
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Amendment 551
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b
Directive 2003/87/EC
Article 10d — paragraph 2 — point c
Text proposed by the Commission |
Amendment |
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Amendment 552
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b
Directive 2003/87/EC
Article 10d — paragraph 2 — point e
Text proposed by the Commission |
Amendment |
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Amendment 553
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b
Directive 2003/87/EC
Article 10d — paragraph 2 — point f
Text proposed by the Commission |
Amendment |
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Amendment 554
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b
Directive 2003/87/EC
Article 10d — paragraph 2 — point f a (new)
Text proposed by the Commission |
Amendment |
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Amendment 555
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b a (new)
Directive 2003/87/EC
Article 10d — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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‘ 2a. All financial resources from the Modernisation Fund shall be used in accordance with:
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Amendment 556
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b b (new)
Directive 2003/87/EC
Article 10d — paragraph 5 — subparagraph 2 a (new)
Present text |
Amendment |
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‘The investment committee shall seek the advice of the European Scientific Advisory Board on Climate Change to ensure that investment decisions are aligned with the criteria set out in this Article and support the achievement of the objectives set out in Regulation (EU) 2021/1119. ’ |
Amendment 557
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b c (new)
Directive 2003/87/EC
Article 10d — paragraph 6
Present text |
Amendment |
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6. Before a beneficiary Member State decides to finance an investment from its share in the Modernisation Fund, it shall present the investment project to the investment committee and to the EIB. Where the EIB confirms that an investment falls into the areas listed in paragraph 2, the Member State may proceed to finance the investment project from its share. |
‘6. Before a beneficiary Member State decides to finance an investment from its share in the Modernisation Fund, it shall present the investment project to the investment committee and to the EIB. |
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Where an investment in the modernisation of energy systems, which is proposed to be financed from the Modernisation Fund, does not fall into the areas listed in paragraph 2, the investment committee shall assess the technical and financial viability of that investment, including the emission reductions it achieves, and issue a recommendation on financing the investment from the Modernisation Fund. The investment committee shall ensure that any investment relating to district heating achieves a substantial improvement in energy efficiency and emission reductions. |
The investment committee shall assess the technical and financial viability of that investment, including the emission reductions it achieves, and issue a recommendation on financing the investment from the Modernisation Fund. The investment committee shall ensure that any investment relating to district heating achieves a substantial improvement in energy efficiency and emission reductions. |
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That recommendation may include suggestions regarding appropriate financing instruments. Up to 70 % of the relevant costs of an investment which does not fall into the areas listed in paragraph 2 may be supported with resources from the Modernisation Fund provided that the remaining costs are financed by private legal entities. |
That recommendation may include suggestions regarding appropriate financing instruments.’ |
Amendment 558
Proposal for a directive
Article 1 — paragraph 1 — point 14 — point b d (new)
Directive 2003/87/EC
Article 10d — paragraph 11
Present text |
Amendment |
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11. The investment committee shall report annually to the Commission on experience with the evaluation of investments. By 31 December 2024, taking into consideration the findings of the investment committee, the Commission shall review the areas for projects referred to in paragraph 2 and the basis on which the investment committee bases its recommendations. |
‘11. The investment committee shall report annually to the Commission , the Council and the European Parliament on experience with the evaluation of investments . That report shall be made public . By 31 December 2024, taking into consideration the findings of the investment committee, the Commission shall review the areas for projects referred to in paragraph 2 and the basis on which the investment committee bases its recommendations.’ |
Amendment 559
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point -a (new)
Directive 2003/87/EC
Article 12 — paragraph 1
Present text |
Amendment |
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1. Member States shall ensure that allowances can be transferred between: |
‘1. Member States shall ensure that allowances can be transferred between: |
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Regulated entities may mandate a natural person or a legal entity to operate registry accounts belonging to the regulated entity and conduct all types of transactions to which that account is entitled, on behalf of the regulated entity. Responsibility for compliance shall remain with the regulated entity. When mandating the natural person or the legal entity, the regulated entity shall ensure that there is no conflict of interest between the mandated person or entity and competent authorities, national administrators, verifiers or other bodies subject to this Directive. ’ |
Amendment 560
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point -a a (new)
Directive 2003/87/EC
Article 12 — paragraph 1a a (new)
Text proposed by the Commission |
Amendment |
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‘1aa. By 1 July 2023, the Commission shall present a report to the European Parliament and to the Council in which it shall assess how a restriction of access to the European carbon emission allowance markets to regulated entities and financial intermediaries acting on their behalf, would impact on the integrity and effective functioning of the carbon emission allowance markets and on the achievement of the 2030 and 2050 Union energy and climate targets. Where the assessment is negative, the Commission shall, where appropriate, present a legislative proposal to adjust the relevant provisions in Article 12(1) and Article 19(2).’ |
Amendment 561
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point c
Directive 2003/87/EC
Article 12 — paragraph 3 — subparagraphs 1 a (new) and 1 b (new)
Text proposed by the Commission |
Amendment |
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By way of derogation from the first subparagraph, point (c), until 31 December 2029, shipping companies may surrender fewer allowances on the basis of the ice class of their ships or the fact their ships navigate in ice conditions, or both, in accordance with Annex Va. |
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By way of derogation from the first subparagraph, point (c), until 31 December 2029, shipping companies may surrender 55 % fewer allowances in respect of emissions that occur until 2030 from voyages between a port located in an outermost region of a Member State and a port located in the same Member State, including between two different ports located in different outermost regions of the same Member State. By 31 December 2027, the Commission shall assess, and present a report to the European Parliament and the Council on, the impact of ending this derogation for maritime transport to and from outermost regions. |
Amendment 562
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point e
Directive 2003/87/EC
Article 12 — paragraph 3b — subparagraph 1
Text proposed by the Commission |
Amendment |
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use. |
An obligation to surrender allowances shall not arise in respect of emissions of greenhouse gases which are considered to have been captured and utilised to become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal . |
Amendment 563
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point e
Directive 2003/87/EC
Article 12 — paragraph 3b — subparagraph 2
Text proposed by the Commission |
Amendment |
The Commission shall adopt implementing acts concerning the requirements to consider that greenhouse gases have become permanently chemically bound in a product so that they do not enter the atmosphere under normal use. |
The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive by setting out the requirements to consider that greenhouse gases have become permanently chemically bound in a product so that they do not enter the atmosphere under normal use and disposal as referred to in the first subparagraph of this paragraph . |
Amendment 564
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point e
Directive 2003/87/EC
Article 12 — paragraph 3b — subparagraph 3
Text proposed by the Commission |
Amendment |
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2). |
deleted |
Amendment 565
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point e a (new)
Directive 2003/87/EC
Article 12 — paragraph 3b a (new)
Text proposed by the Commission |
Amendment |
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‘3ba. By 1 January 2025, the Commission shall present a report to the European Parliament and to the Council in which it shall examine how negative emissions resulting from greenhouse gases that are removed from the atmosphere and safely and permanently stored shall be accounted for and how these negative emissions can be covered by emissions trading, and in which it shall propose a clear scope and strict criteria and safeguards to ensure that such removals are not offsetting necessary emissions reductions in accordance with Union climate targets as laid down in Regulation (EU) 2021/1119. That report shall, where appropriate, be accompanied by a legislative proposal to cover negative emissions.’ |
Amendment 566
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point e b (new)
Directive 2003/87/EC
Article 12 — paragraph 3b b (new)
Text proposed by the Commission |
Amendment |
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‘3bb. By 31 December 2029, the Commission shall present a report to the European Parliament and to the Council in which it shall examine whether all greenhouse gas emissions from the different activities covered by this Directive are effectively accounted for, at which stages of the process those greenhouse gas emissions are accounted for, and whether double counting has been avoided, in particular taking into account the downstream stages, including disposal and waste incineration, and export, and shall assess the comparative climate and economic benefits of accounting for the emissions from each activity at different stages of the process. The Commission may, where appropriate, accompany that report with a legislative proposal to amend this Directive to ensure that all emissions are accounted for at the most effective stage and that double counting is avoided.’ |
Amendment 567
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point e c (new)
Directive 2003/87/EC
Article 12 — paragraph 3b c (new)
Text proposed by the Commission |
Amendment |
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‘3bc. By 1 January 2025, the Commission shall present a report to the European Parliament and to the Council in which it shall examine a transparent, comparable and reliable methodology for how to account for emissions of greenhouse gases which are considered to have been captured and utilised to become chemically bound in a product in a way other than that referred to in paragraph 3b, based on a life-cycle assessment of the product. The methodology for the life-cycle assessment of the product shall take into account the dual role of greenhouse gases as emissions and as feedstock, including the emissions captured in the manufacture of the product, the emissions produced as part of the capture and utilisation process, the emissions utilised in the manufacture of the product, and the number of years the carbon captured from the emissions is bound in the product. The Commission shall, where appropriate, accompany that report with a legislative proposal to amend this Directive to include such a life-cycle assessment approach.’ |
Amendment 568/rev
Proposal for a directive
Article 1 — paragraph 1 — point 15 — point e d (new)
Directive 2003/87/EC
Article 12 — paragraph 4
Present text |
Amendment |
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4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the person holding them. In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). |
‘4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the person holding them. In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States shall cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4).’ |
Amendment 569
Proposal for a directive
Article 1 — paragraph 1 — point 16
Directive 2003/87/EC
Article 14 — paragraph 1
Text proposed by the Commission |
Amendment |
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‘1. The Commission shall adopt implementing acts concerning the detailed arrangements for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I, for the monitoring and reporting of tonne-kilometre data for the purpose of an application under Article 3e or 3f, which shall be based on the principles for monitoring and reporting set out in Annex IV and the requirements set out in paragraph 2 of this Article. Those implementing acts shall also specify the global warming potential of each greenhouse gas in the requirements for monitoring and reporting emissions for that gas. Those implementing acts shall apply the sustainability and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001 of the European Parliament and of the Council (*), with any necessary adjustments for application under this Directive, for this biomass to be zero-rated. They shall specify how to account for storage of emissions from a mix of zero-rated sources and sources that are not zero-rated. They shall also specify how to account for emissions from renewable fuels of non-biological origin and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2). |
‘1. The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I, for the monitoring and reporting of tonne-kilometre data for the purpose of an application under Article 3e or 3f, which shall be based on the principles for monitoring and reporting set out in Annex IV and the requirements set out in paragraph 2 of this Article. Those delegated acts shall also specify the global warming potential of each greenhouse gas in the requirements for monitoring and reporting emissions for that gas and be accompanied by a detailed impact assessment, taking into account the latest available science . Those delegated acts shall apply the sustainability and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001 of the European Parliament and of the Council (*), with any necessary adjustments for application under this Directive, for this biomass to be zero-rated. They shall specify how to account for storage of emissions from a mix of zero-rated sources and sources that are not zero-rated. They shall also specify how to account for emissions from renewable fuels of non-biological origin and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided. |
Amendment 570
Proposal for a directive
Article 1 — paragraph 1 — point 19 a (new)
Directive 2003/87/EC
Article 19 — paragraph 2
Present text |
Amendment |
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2. Any person may hold allowances. The registry shall be accessible to the public and shall contain separate accounts to record the allowances held by each person to whom and from whom allowances are issued or transferred. |
‘2. Without prejudice to Article 12(1aa), besides the central and national administration accounts, only regulated entities with past, current, or predictable future EU ETS compliance obligations may hold allowances. The registry shall be accessible to the public and shall contain separate accounts to record the allowances held by each regulated entity to whom and from whom allowances are issued or transferred.’ |
Amendment 571
Proposal for a directive
Article 1 — paragraph 1 — point 19 b (new)
Directive 2003/87/EC
Article 23 — paragraph 2
Present text |
Amendment |
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2. The power to adopt delegated acts referred to in Articles 3d(3), 10(4), 10a(1) and (8), 10b(5), 19(3), Article 22, Articles 24(3), 24a(1), 25a(1) and Article 28c shall be conferred on the Commission for an indeterminate period of time from 8 April 2018. |
‘2. The power to adopt delegated acts referred to in Article 3d(3), Article 3gaa(2), Article 3gab(7), Article 3gea, second paragraph, Article 10(4), Article 10a(1) and (8), Article 10b(5) , Article 12(3b), Article 14(1) , Article 19(3), Article 22, Article 24(3), Article 24a(1), Article 25a(1), Article 28c , Article 30c(2a) and Article 30f(4a) shall be conferred on the Commission for an indeterminate period of time from 8 April 2018.’ |
Amendment 572
Proposal for a directive
Article 1 — paragraph 1 — point 19 c (new)
Directive 2003/87/EC
Article 29a
Present text |
Amendment |
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Article 29a |
‘Article 29a |
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Measures in the event of excessive price fluctuations |
Measures in the event of excessive price fluctuations |
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1. If, for more than six consecutive months, the allowance price is more than three times the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC. |
1. If, for more than six consecutive months, the average allowance price is more than twice the average price of allowances during the two preceding years on the European carbon market, the Commission shall immediately , and no later than seven days after that point in time, convene a meeting of the Committee established by Article 9 of Decision No 280/2004/EC to assess whether the price evolution referred to in this paragraph corresponds to changing market fundamentals. |
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2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, one of the following measures may be adopted , taking into account the degree of price evolution: |
2. If the price evolution referred to in paragraph 1 does not correspond to changing market fundamentals, any of the following measures shall be taken, as a matter of urgency , taking into account the degree of price evolution: |
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Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). |
Those measures shall be adopted in accordance with the management procedure referred to in Article 23(4). |
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3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. |
3. Any measure shall take utmost account of the reports submitted by the Commission to the European Parliament and to the Council pursuant to Article 29, as well as any other relevant information provided by Member States. |
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4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4). |
4. The arrangements for the application of these provisions shall be laid down in the acts referred to in Article 10(4).’ |
Amendment 573
Proposal for a directive
Article 1 — paragraph 1 — point 19 d (new)
Directive 2003/87/EC
Article 29a a (new)
Text proposed by the Commission |
Amendment |
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‘Article 29aa |
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1. The access to the EU ETS market shall be limited to entities that are installations, aviation and maritime operators with compliance obligations under the EU ETS. |
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2. By way of derogation from paragraph 1, financial intermediaries purchasing allowances for the account of the installation and not for their own account shall have access to the EU ETS market. |
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3. The Commission shall assess whether Article 6(5) of Regulation (EU) No 1031/2010 (1a) is compatible with the provisions of this Article, and, where necessary, submit a legislative proposal to amend that Regulation. |
Amendment 574
Proposal for a directive
Article 1 — paragraph 1 — point 19 e (new)
Directive 2003/87/EC
Article 30 — paragraph 1
Present text |
Amendment |
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1. This Directive shall be kept under review in the light of international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement. |
‘1. This Directive shall be kept under review in the light of international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement , including the commitment taken at the 26th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP26) to limit the temperature increase to 1,5 oC above pre-industrial levels.’ |
Amendment 575
Proposal for a directive
Article 1 — paragraph 1 — point 20 a (new)
Directive 2003/87/EC
Article 30 — paragraph 3
Present text |
Amendment |
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3. The Commission shall report to the European Parliament and to the Council in the context of each global stocktake agreed under the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of necessary greenhouse gas reductions by the Union and its Member States, including in relation to the linear factor referred to in Article 9. The Commission may make proposals to the European Parliament and to the Council to amend this Directive where appropriate. |
‘3. The Commission , having sought the advice of the European Scientific Advisory Board on Climate Change, shall report to the European Parliament and to the Council in the context of each global stocktake agreed under the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of necessary greenhouse gas reductions by the Union and its Member States, including in relation to the linear factor referred to in Article 9. The Commission may make proposals to the European Parliament and to the Council to amend this Directive where appropriate. In its proposals, the Commission shall ensure compliance with the climate-neutrality objective as laid down in Article 2(1) of Regulation (EU) 2021/1119, the Union climate targets as laid down in Article 4 of that Regulation, and the indicative Union greenhouse gas budget for the 2030-2050 period as referred to in Article 4(4) of that Regulation. The proposals shall reflect progression over time, and reflect its highest possible ambition in accordance with Article 4(3) of the Paris Agreement.’ |
Amendment 576
Proposal for a directive
Article 1 — paragraph 1 — point 20 b (new)
Directive 2003/87/EC
Article 30 –paragraph 4 a (new)
Present text |
Amendment |
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‘4a. When reviewing this Directive, in accordance with paragraphs 1, 2 and 3 of this Article, the Commission shall analyse how linkages between the EU ETS and other carbon markets can be established, without impeding the achievement of the climate-neutrality objective and the Union climate targets as laid down in Regulation (EU) 2021/1119. ’ |
Amendment 577
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Chapter IVa — title
Text proposed by the Commission |
Amendment |
EMISSIONS TRADING SYSTEM FOR BUILDINGS AND ROAD TRANSPORT |
EMISSIONS TRADING SYSTEM FOR BUILDINGS, ROAD TRANSPORT AND OTHER FUELS |
Amendment 578
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30a — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. The provisions of this Chapter shall apply in respect of the release for consumption of fuels which are used for combustion in private road transport and private heating and cooling of residential buildings only from 1 January 2029 subject to the assessment provided for in paragraph 1b. |
Amendment 579
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30a — paragraph 1 b (new)
Text proposed by the Commission |
Amendment |
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1b. If the conditions are right, the Commission shall aim to extend this Chapter to emissions from private road transport and private heating and cooling of residential buildings from 1 January 2029. |
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By 1 January 2026, the Commission shall present a report to the European Parliament and the Council in which it shall assess the extension of this Chapter to emissions from private road transport and private heating and cooling of residential buildings from 1 January 2029 in a manner that leaves no one behind. In particular, that report shall include: |
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Based on the results of that report, the Commission shall, where appropriate, present a targeted review of this Directive and of Regulation (EU) …/… [Social Climate Fund Regulation] to extend this Chapter to emissions from private road transport and private heating and cooling of residential buildings from 1 January 2029. |
Amendment 580
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30a — paragraph 1 c (new)
Text proposed by the Commission |
Amendment |
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1c. A Member State may decide that the derogation in respect of fuels which are used for combustion in private road transport and private heating and cooling of residential buildings referred to in paragraph 1a shall not apply within its territory, provided that it has sufficient programmes in place to support low income households and to address energy and mobility poverty and subject to approval by the Commission. The Member State concerned shall inform the Commission if it intends to take such a decision. The Commission shall assess whether the Member State has sufficient programmes in place for those purposes and inform the Member State of its decision. |
Amendment 581
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30a a (new)
Text proposed by the Commission |
Amendment |
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Article 30aa 1. Where, in the six consecutive months preceding the year of the start of auctioning of allowances for fuels which are used for combustion in private road transport and private heating and cooling of residential buildings in accordance with Article 30a(1a), the average price of the fuels for consumption in the sectors covered by this Chapter is more than the average price of such fuels in March 2022 the deadline for surrendering allowances in respect of fuels which are used for combustion in private road transport and private heating and cooling of residential buildings, referred to in Article 30d(1), shall be extended until the price goes below that threshold. By way of derogation from the first subparagraph, in the event that the Social Climate Fund established by Regulation (EU) …/… [Social Climate Fund Regulation] has not commenced operating, or has operated for less than three years, the auctioning of allowances covered by this Chapter shall be delayed until the Social ClimateFund has been operational for at least three years. 2. If applicable, the Commission shall publish that the conditions set out in paragraph 1 are met before the start of the auctions under this Chapter. |
Amendment 582
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30b — paragraph 1
Text proposed by the Commission |
Amendment |
1. Member States shall ensure that, from 1 January 2025 , no regulated entity carries out the activity referred to in Annex III unless that regulated entity holds a permit issued by a competent authority in accordance with paragraphs 2 and 3. |
1. Member States shall ensure that, from 1 January 2024 , no regulated entity carries out the activity referred to in Annex III unless that regulated entity holds a permit issued by a competent authority in accordance with paragraphs 2 and 3. |
Amendment 583
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30c — paragraph 1
Text proposed by the Commission |
Amendment |
1. The Union-wide quantity of allowances issued under this Chapter each year from 2026 shall decrease in a linear manner beginning in 2024. The 2024 value shall be defined as the 2024 emissions limits, calculated on the basis of the reference emissions under Article 4(2) of Regulation (EU) 2018/842 of the European Parliament and of the Council (*) for the sectors covered by this Chapter and applying the linear reduction trajectory for all emissions within the scope of that Regulation. The quantity shall decrease each year after 2024 by a linear reduction factor of 5,15 %. By 1 January 2024, the Commission shall publish the Union-wide quantity of allowances for the year 2026 . |
1. The Union-wide quantity of allowances issued under this Chapter each year from 2025 shall decrease in a linear manner beginning in 2024. The 2024 value shall be defined as the 2024 emissions limits, calculated on the basis of the reference emissions under Article 4(2) of Regulation (EU) 2018/842 for the sectors covered by this Chapter and applying the linear reduction trajectory for all emissions within the scope of that Regulation. The quantity shall decrease each year after 2024 by a linear reduction factor of 5,15 %. By 1 January 2024, the Commission shall publish the Union-wide quantity of allowances for the year 2025 . |
Amendment 584
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30c — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by setting out an additional amount of allowances to be issued for each year from 2025 onwards to compensate for allowances surrendered in cases where there was double counting of emissions, notwithstanding rules to avoid such double counting as referred to in Article 30f(4). The additional amount of allowances set by the Commission shall correspond to the total amount of greenhouse gas emissions compensated for in the relevant reporting year pursuant to the delegated acts referred to in Article 30f(4a). |
Amendment 585
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30d — paragraph 1
Text proposed by the Commission |
Amendment |
1. From 2026 , allowances covered by this Chapter shall be auctioned, unless they are placed in the Market Stability Reserve established by Decision (EU) 2015/1814. The allowances covered by this Chapter shall be auctioned separately from the allowances covered by Chapters II, IIa and III. |
1. From 2025 , allowances covered by this Chapter shall be auctioned, unless they are placed in the Market Stability Reserve established by Decision (EU) 2015/1814. The allowances covered by this Chapter shall be auctioned separately from the allowances covered by Chapters II, IIa and III. |
Amendment 586
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30d — paragraph 2 — subparagraph 1
Text proposed by the Commission |
Amendment |
The auctioning of the allowances under this Chapter shall start in 2026 with a volume corresponding to 130 % of the auction volumes for 2026 established on the basis of the Union-wide quantity of allowances for that year and the respective auction shares and volumes pursuant to paragraph 3, 5 and 6. The additional volumes to be auctioned shall only be used for surrendering allowances pursuant to Article 30e(2) and be deducted from the auction volumes for the period from 2028 to 2030. The conditions for these early auctions shall be set in accordance with paragraph 7 and Article 10(4). |
The auctioning of the allowances under this Chapter shall start in 2025 with a volume corresponding to 130 % of the auction volumes for 2025 established on the basis of the Union-wide quantity of allowances for that year and the respective auction shares and volumes pursuant to paragraph 3, 5 and 6. The additional volumes to be auctioned shall only be used for surrendering allowances pursuant to Article 30e(2) and be deducted from the auction volumes for the period from 2028 to 2030. The conditions for these early auctions shall be set in accordance with paragraph 7 and Article 10(4). |
Amendment 587
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30d — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
In 2026 , 600 million allowances covered by this Chapter are created as holdings in the Market Stability Reserve pursuant to Article 1a(3) of Decision (EU) 2015/1814. |
In 2025 , 600 million allowances covered by this Chapter are created as holdings in the Market Stability Reserve pursuant to Article 1a(3) of Decision (EU) 2015/1814. |
Amendment 588
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30d — paragraph 3
Text proposed by the Commission |
Amendment |
3. 150 million allowances issued under this Chapter shall be auctioned and all revenues from these auctions made available for the Innovation Fund established under Article 10a(8) . Article 10a(8) shall apply to the allowances referred to in this paragraph . |
3. 150 million allowances issued under this Chapter shall be auctioned and all revenues from these auctions made available for the Social Climate Fund established under Regulation (EU) …/… [Social Climate Fund Regulation] as external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (*) , and shall be used in accordance with the rules applicable to the Social Climate Fund . |
Amendment 589
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30d — paragraph 3 a (new)
Text proposed by the Commission |
Amendment |
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3a. In order to ensure that the available appropriations for the Social Climate Fund in the Union budget can evolve in close alignment with the carbon price and thus the burden for vulnerable households and traffic users, a Carbon Price Fluctuation Adjustment Mechanism shall enable annual reinforcements. The detailed provisions are to be provided for in the Multiannual Financial Framework Regulation, which, in accordance with Article 312 TFEU, shall ensure that the relevant expenditure ceilings are adjusted automatically each year in function of the rate of change of the carbon price under the EU ETS for buildings, road transport and other fuels. The budgetary impact of the annual adjustment shall be budgeted. |
Amendment 590
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30d — paragraph 5 — subparagraph 1 — introductory part
Text proposed by the Commission |
Amendment |
5. Member States shall determine the use of revenues generated from the auctioning of allowances referred to in paragraph 4, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget. Member States shall use their revenues for one or more of the activities referred to in Article 10(3) or for one or more of the following : |
5. Member States shall determine the use of revenues generated from the auctioning of allowances referred to in paragraph 4, except for the revenues established as own resources in accordance with Article 311(3) TFEU and entered in the Union budget as general income . Member States shall use their revenues first for the national co-financing of their Social Climate Plans and, for any remaining revenue, for social climate measures and investments in accordance with Article 6 of Regulation (EU) … /… [Social Climate Fund Regulation] : |
Amendment 591
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30d — paragraph 5 — subparagraph 1 — point a
Text proposed by the Commission |
Amendment |
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Amendment 592
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30d — paragraph 5 — subparagraph 1 — point b
Text proposed by the Commission |
Amendment |
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Amendment 593
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30e — paragraph 2
Text proposed by the Commission |
Amendment |
2. From 1 January 2027 , Member States shall ensure that, by 30 April each year, the regulated entity surrenders a number of allowances covered by this Chapter, that is equal to the total emissions, corresponding to the quantity of fuels released for consumption pursuant to Annex III, during the preceding calendar year as verified in accordance with Articles 15 and 30f, and that those allowances are subsequently cancelled. |
2. From 1 January 2026 , Member States shall ensure that, by 30 April each year, the regulated entity surrenders a number of allowances covered by this Chapter, that is equal to the total emissions, corresponding to the quantity of fuels released for consumption pursuant to Annex III, during the preceding calendar year as verified in accordance with Articles 15 and 30f, and that those allowances are subsequently cancelled. |
Amendment 594
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30f — paragraph 2
Text proposed by the Commission |
Amendment |
2. Member States shall ensure that each regulated entity monitors for each calendar year as from 2025 the emissions corresponding to the quantities of fuels released for consumption pursuant to Annex III. They shall also ensure that each regulated entity reports these emissions to the competent authority in the following year, starting in 2026 , in accordance with the acts referred to in Article 14(1). |
2. Member States shall ensure that each regulated entity monitors for each calendar year as from 2024 the emissions corresponding to the quantities of fuels released for consumption pursuant to Annex III. They shall also ensure that each regulated entity reports these emissions to the competent authority in the following year, starting in 2025 , in accordance with the acts referred to in Article 14(1). |
Amendment 595
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30f — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Subject to the assessment in Article 30a(1b), second subparagraph, point (d), from … [one year before the date of application of this Chapter in respect of fuels which are used for combustion in private road transport and private heating and cooling of residential buildings] and every month thereafter, regulated entities shall report to the Commission a breakdown of the costs going into the retail price of the fuels released for consumption pursuant to Annex III, including in particular the share of national taxes and fees and costs related to the surrender of allowances in the retail price, as well as the percentage of the costs related to the surrender of allowances which is passed on to the end consumer. Where this percentage changes by more than 5 % points compared to the last reporting period, an explanation shall be provided. |
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By … [the date of entry into force of this Chapter], the Commission shall adopt an implementing act setting out the reporting categories and format to be used for reporting in accordance with the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2). |
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From … [the date of application of this Chapter in respect of fuels which are used for combustion in private road transport and private heating and cooling of residential buildings] or, if a Member State in accordance with Article 30a(1c) has decided that the derogation referred to in paragraph 1a of that Article does not apply, from … [the date of entry into force of this Chapter], regulated entities shall not pass on more than 50 % of the costs related to the surrender of allowances for fuels released for consumption pursuant to Annex III to the final consumer. |
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Where the Commission finds that a regulated entity has passed on a share of costs higher than 50 %, that entity shall pay a penalty in accordance with Article 16 of this Directive. The penalty amount shall be calculated on the basis of the quantity of allowances equivalent to the excess pass through in accordance with this paragraph, multiplied by the highest recorded primary or secondary market settlement price for allowances under this Chapter in the preceding year. Each year by 28 February, the Commission shall communicate the excess pass through penalty price. The revenues generated from penalties referred to in this subparagraph shall be allocated to the Social Climate Fund referred to in Regulation (EU) … /… [Social Climate Fund Regulation]. |
Amendment 596
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30f — paragraph 4
Text proposed by the Commission |
Amendment |
4. Member States shall ensure that the regulated entities are able to identify and document reliably and accurately per type of fuel, the precise volumes of fuel released for consumption which are used for combustion in the buildings and road transport sectors as identified in Annex III, and the final use of the fuels released for consumption by the regulated entities. The Member States shall take appropriate measures to avoid any risk of double counting of emissions covered under this Chapter and the emissions under Chapters II, IIa and III. Detailed rules for avoiding double counting shall be adopted in accordance with Article 14(1). |
4. Member States shall ensure that the regulated entities are able to identify and document reliably and accurately per type of fuel, the precise volumes of fuel released for consumption pursuant to Annex III, and the final use of the fuels released for consumption by the regulated entities. The Member States shall take appropriate measures to avoid any risk of double counting of emissions covered under this Chapter and the emissions under Chapters II, IIa and III. Detailed and harmonised rules for avoiding double counting shall be adopted in accordance with Article 14(1). |
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(This amendment in relation to ‘fuel released for consumption which are used for combustion in the buildings and road transport sectors as identified in Annex III’ applies throughout the text. Adopting it will necessitate corresponding changes throughout.) |
Amendment 597
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30f — paragraph 4 a (new)
Text proposed by the Commission |
Amendment |
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4a. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by setting out the Union-wide and fully harmonised rules regarding compensation of costs arising from double counting for operators of installations pursuant to Article 3e that are incurred from costs passed on in fuel prices concerning emissions from the combustion of fuels, and provided that those emissions are reported by the operator pursuant to Article 14 as well as the regulated entity pursuant to this Article, and that the double counting is not avoided pursuant to paragraph 4 of this Article. The calculation of the compensation amount shall be based on the average price of allowances auctioned pursuant to Article 30d(4) in the reporting year concerned pursuant to this Article. The revenues generated from the auctioning of allowances covered by this Chapter shall, to the extent necessary and up to a level corresponding to the double counting in the reporting year pursuant to this Article, be used for the compensation amount. |
Amendment 598
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30h — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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2a. Where, prior to 1 January 2030, every time the average price of allowances referred to in paragraph 1 of this Article exceeds a price cap of 50 EUR, the Commission shall, as a matter of urgency, adopt a decision to release 10 million allowances covered by this Chapter from the market stability reserve in accordance with Article 1a(7) of Decision (EU) 2015/1814. |
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Where, prior to 1 January 2030, the average price of allowances referred to in paragraph 1 exceeds 45 EUR, the Commission and Member States shall, as a matter of urgency, take further measures to reduce carbon dioxide emissions in order to avoid reaching the price cap referred to in the first subparagraph of this paragraph. |
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In the event of application of paragraph 1 or 2, the application of this paragraph shall be suspended during that period. |
Amendment 599
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30i — paragraph 1
Text proposed by the Commission |
Amendment |
By 1 January 2028, the Commission shall report to the European Parliament and to the Council on the implementation of the provisions of this Chapter with regard to their effectiveness, administration and practical application, including on the application of the rules under Decision (EU) 2015/1814 and use of allowances of this Chapter to meet compliance obligations of the compliance entities covered by Chapters II, IIa and III. Where appropriate, the Commission shall accompany this report with a proposal to the European Parliament and to the Council to amend this Chapter. By 31 October 2031 the Commission should assess the feasibility of integrating the sectors covered by Annex III in the Emissions Trading System covering the sectors listed in annex 1 of Directive 2003/87/EC. |
By 1 January 2028, the Commission shall report to the European Parliament and to the Council on the implementation of the provisions of this Chapter with regard to their effectiveness, administration and practical application, including on the application of the rules under Decision (EU) 2015/1814 and use of allowances of this Chapter to meet compliance obligations of the compliance entities covered by Chapters II, IIa and III. Where appropriate, the Commission shall accompany this report with a proposal to the European Parliament and to the Council to amend this Chapter. By 1 January 2029, the Commission shall present a report to the European Parliament and to the Council in which it assesses whether the price cap referred to in Article 30h(2a), first subparagraph, has been effective and whether it should be continued. The Commission shall, where appropriate, accompany that report with a legislative proposal to the European Parliament and to the Council to amend this Directive to adjust that price cap, in due time for it to apply from 1 January 2030. By 31 October 2031 the Commission should assess the feasibility of integrating the sectors covered by Annex III in the Emissions Trading System covering the sectors listed in annex 1 of Directive 2003/87/EC. |
Amendment 600
Proposal for a directive
Article 1 — paragraph 1 — point 21
Directive 2003/87/EC
Article 30i — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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The Commission shall consider possible amendments to this Directive with regard to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum. |
Amendment 601
Proposal for a directive
Article 1 — paragraph 1 — point 21 a (new)
Directive 2003/87/EC
Article 30i a (new)
Text proposed by the Commission |
Amendment |
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‘Article 30ia |
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Sectoral roadmaps |
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1. By 1 January 2025, the Commission, supported by the European Scientific Advisory Board on Climate Change, shall publish indicative roadmaps for the activities covered by Annex I to this Directive towards achieving the Union’s climate-neutrality objective by 2050, at the latest, and the aim to achieve negative emissions thereafter as laid down in Article 2(1) of Regulation (EU) 2021/1119. |
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2. The Commission shall engage closely with stakeholders, including individuals, civil society, social partners, academia, policy makers and sectors and subsectors affected by this Directive, while preparing the roadmaps provided for in paragraph 1. |
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3. Every four years after the publication of the roadmaps provided for in paragraph 1, the Commission shall update those roadmaps in accordance with the latest scientific knowledge, while engaging closely with stakeholders as referred to in paragraph 2. |
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4. All data used to produce the sectoral roadmaps provided for in paragraph 1, and for their updates pursuant to paragraph 3, shall be made available to the public, in an easily accessible form.’; |
Amendment 602
Proposal for a directive
Article 1 — paragraph 1 — point 21 b (new)
Directive 2003/87/EC
Article 30i b (new)
Text proposed by the Commission |
Amendment |
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‘Article 30ib Scientific advice regarding EU ETS sectors The European Scientific Advisory Board on Climate Change may, on its own initiative, provide scientific advice and issue reports regarding this Directive, and its consistency with the climate objectives of Regulation (EU) 2021/1119 and the Paris Agreement, in particular with a view to delivering a just transition and informing any subsequent revision of this Directive. All advice presented by the European Scientific Advisory Board on Climate Change pursuant to this Article shall be made public, in an easily accessible form. The Commission shall take due account of advice of the European Scientific Advisory Board on Climate Change and publicly justify the reasons for disregarding it.’; |
Amendment 603
Proposal for a directive
Article 1 — paragraph 1 — point 21 c (new)
Directive 2003/87/EC
Chapter IVa a (new) — Articles 30i c (new) and 30i d (new)
Text proposed by the Commission |
Amendment |
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‘CHAPTER IVaa |
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Visibility of financial support from EU ETS revenues |
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Article 30ic |
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Visibility of financial support from national EU ETS revenues |
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1. Member States shall ensure the visibility of funding from EU ETS revenues in all operations referred to in Article 10(3), Article 10a(6) and Article 30d(5). |
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2. Member States shall ensure the visibility of the financial support to the final beneficiaries and the public by: |
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3. The Commission shall take all measures necessary to ensure that the rules under paragraphs 1 and 2 are implemented. The penalties provided for shall be effective, proportionate and dissuasive. |
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Article 30id |
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Visibility of financial support from Union EU ETS revenues |
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1. The Commission shall ensure the visibility of funding from EU ETS revenues in all operations referred to in Article 10a(8) (Climate Investment Fund), Article 10d (Modernisation Fund) and Article 3gab (Ocean Fund) of this Directive and in Regulation (EU) …/… [Social Climate Fund Regulation]. |
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2. The beneficiaries shall acknowledge financial support from the funds referred to in paragraph 1 and the origin of those funds by: |
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3. The Commission shall take all measures necessary to ensure that the rules under paragraphs 1 and 2 are implemented. The penalties provided for shall be effective, proportionate and dissuasive.’ |
Amendment 604
Proposal for a directive
Article 1 — paragraph 1 — point 21 d (new)
Directive 2003/87/EC
Article 30i e (new)
Text proposed by the Commission |
Amendment |
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‘Article 30ie |
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Report on developing countries’ decarbonisation needs |
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By 31 December 2023, the Commission shall submit a report to the European Parliament and to the Council on the decarbonisation needs of developing countries. That report shall contain: |
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Amendment 605
Proposal for a directive
Article 1 — paragraph 1 — point 1 — point c
Decision (EU) 2015/1814
Article 1 — paragraph 5 — subparagraph 1
Text proposed by the Commission |
Amendment |
In any given year, if the total number of allowances in circulation is between 833 million and 1 096 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 833 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 1 096 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled. |
In any given year, if the total number of allowances in circulation is between 700 million and 921 million, a number of allowances equal to the difference between the total number of allowances in circulation, as set out in the most recent publication as referred to in paragraph 4 of this Article, and 700 million, shall be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and shall be placed in the reserve over a period of 12 months beginning on 1 September of that year. If the total number of allowances in circulation is above 921 million allowances, the number of allowances to be deducted from the volume of allowances to be auctioned by the Member States under Article 10(2) of Directive 2003/87/EC and to be placed in the reserve over a period of 12 months beginning on 1 September of that year shall be equal to 12 % of the total number of allowances in circulation. By way of derogation from the last sentence, until 31 December 2030, the percentage shall be doubled. As from 2025, the thresholds referred to in this subparagraph shall be reduced in proportion to the reduction of the Union-wide quantity of allowances referred to in Article 9 of Directive 2003/87/EC in the same year. |
Amendment 606
Proposal for a directive
Article 2 — paragraph 1 — point 2 a (new)
Decision (EU) 2015/1814
Article 3 — paragraph 1
Present text |
Amendment |
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The Commission shall monitor the functioning of the reserve in the context of the report provided for in Article 10(5) of Directive 2003/87/EC. That report should consider relevant effects on competitiveness, in particular in the industrial sector, including in relation to GDP, employment and investment indicators. Within three years of the start of the operation of the reserve and at five-year intervals thereafter, the Commission shall, on the basis of an analysis of the orderly functioning of the European carbon market, review the reserve and submit a proposal, where appropriate, to the European Parliament and to the Council. Each review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed in the reserve pursuant to Article 1(5) of this Decision, as well as the numerical value of the threshold for the total number of allowances in circulation and the number of allowances to be released from the reserve pursuant to Article 1(6) or (7) of this Decision. In its review, the Commission shall also look into the impact of the reserve on growth, jobs, the Union's industrial competitiveness and on the risk of carbon leakage. |
‘The Commission , supported by the European Scientific Advisory Board on Climate Change referred to in Article 3 of Regulation (EU) 2021/1119, shall monitor the functioning of the reserve in the context of the report provided for in Article 10(5) of Directive 2003/87/EC. That report should consider relevant effects on achieving the climate-neutrality objective and the Union climate targets as laid down in Regulation (EU) 2021/1119 and on meeting the obligations of the Union and its Members States under the Paris Agreement, competitiveness, in particular in the industrial sector, including in relation to GDP, employment, investment indicators and the objective of delivering a just transition that leaves no one behind . Within three years of the start of the operation of the reserve and at five-year intervals thereafter, the Commission shall, on the basis of an analysis of the orderly functioning of the European carbon market, review the reserve and submit a proposal, where appropriate, to the European Parliament and to the Council. Each review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed in the reserve pursuant to Article 1(5) of this Decision, as well as the numerical value of the threshold for the total number of allowances in circulation, the number of allowances to be released from the reserve pursuant to Article 1(6) or (7) of this Decision and other relevant development options for the market stability reserve . In its review, the Commission and the European Scientific Advisory Board on Climate Change shall also look into the impact of the reserve on growth, jobs, the Union's industrial competitiveness and on the risk of carbon leakage.’ |
Amendment 607
Proposal for a directive
Article 3 — paragraph 1 — point - 1 (new)
Regulation (EU) 2015/757
Title
Present text |
Amendment |
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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 |
‘Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of greenhouse gas emissions from maritime transport, and amending Directive 2009/16/EC.’ |
Amendment 608
Proposal for a directive
Article 3 — paragraph 1 — point - 1 a (new)
Text proposed by the Commission |
Amendment |
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Amendment 609
Proposal for a directive
Article 3 — paragraph 1 — point - 1 b (new)
Regulation (EU) 2015/757
Article 1
Present text |
Amendment |
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Article 1 |
‘Article 1 |
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Subject matter |
Subject matter |
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This Regulation lays down rules for the accurate monitoring, reporting and verification of carbon dioxide (CO2) emissions and of other relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State, in order to promote the reduction of CO2 emissions from maritime transport in a cost effective manner. |
This Regulation lays down rules for the accurate monitoring, reporting and verification of greenhouse gas emissions and of other relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State, in order to promote the reduction of such emissions from maritime transport in a cost effective manner.’ |
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(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.) |
Amendment 610
Proposal for a directive
Article 3 — paragraph 1 — point - 1 c (new)
Regulation (EU) 2015/757
Article 2 — paragraph 1
Present text |
Amendment |
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1. This Regulation applies to ships above 5 000 gross tonnage in respect of CO2 emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. |
‘1. This Regulation applies to ships of 5 000 gross tonnage and above in respect of greenhouse gas emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. |
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1a. From 1 January 2024, this Regulation shall apply to ships of 400 gross tonnage and above in respect of greenhouse gas emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. However, ships of 400 gross tonnage and above but of less than 5 000 gross tonnage shall only be required to report the information which is relevant for the inclusion of such ships within the scope of the EU ETS from 1 January 2027. ’ |
Amendment 611
Proposal for a directive
Article 3 — paragraph 1 — point - 1 d (new)
Regulation (EU) 2015/757
Article 2 — paragraph 2
Present text |
Amendment |
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2. This Regulation does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, ships not propelled by mechanical means , or government ships used for non-commercial purposes. |
‘2. This Regulation does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, ships not propelled by mechanical means, government ships used for non-commercial purposes or ships for civil protection and search and rescue purposes .’ |
Amendment 612
Proposal for a directive
Article 3 — paragraph 1 — point - 1 e (new)
Regulation (EU) 2015/757
Article 3 — paragraph 1 — point a
Present text |
Amendment |
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Amendment 613
Proposal for a directive
Article 3 — paragraph 1 — point - 1 f (new)
Regulation (EU) 2015/757
Article 3 — paragraph 1 — point b
Present text |
Amendment |
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Amendment 614
Proposal for a directive
Article 3 — paragraph 1 — point - 1 g (new)
Regulation (EU) 2015/757
Article 3 — paragraph 1 — point c
Present text |
Amendment |
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Amendment 615
Proposal for a directive
Article 3 — paragraph 1 — point 3 a (new)
Regulation (EU) 2015/757
Article 5 — paragraph 2 a (new)
Text proposed by the Commission |
Amendment |
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‘2a. By 1 July 2023, the Commission shall adopt delegated acts in accordance with Article 23 to supplement this Regulation by specifying the methods for determining and reporting greenhouse gas emissions other than CO2. Such methods shall be based on the same principles as the methods for monitoring CO2 emissions as set out in Annex I, with the adjustments necessary due to the nature of the relevant greenhouse gas emissions.’ |
Amendment 616
Proposal for a directive
Article 3 — paragraph 1 — point 4 — point -a (new)
Regulation (EU) 2015/757
Article 6 — paragraph 4
Present text |
Amendment |
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4. The monitoring plan may also contain information on the ice class of the ship and/or the procedures, responsibilities, formulae and data sources for determining and recording the distance travelled and the time spent at sea when navigating through ice. |
‘4. For shipping companies that wish to surrender fewer emission allowances on the basis of their ships’ ice class or navigation in ice conditions or both under Directive 2003/87/EC, the monitoring plan shall also contain information on the ice class of the ship and/or the procedures, responsibilities, formulae and data sources for determining and recording the distance travelled and the time spent at sea when navigating through ice.’ |
Amendment 617
Proposal for a directive
Article 3 — paragraph 1 — point 5 a (new)
Regulation (EU) 2015/757
Article 9 — paragraph 1 — subparagraph 2
Present text |
Amendment |
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Companies may also monitor information relating to the ship's ice class and to navigation through ic e , where applicable. |
‘Companies may also monitor information relating to the ship's ice class and to navigation in ice conditions , where applicable. For shipping companies that wish to surrender fewer emission allowances on the basis of their ships’ ice class or navigation in ice conditions or both under Directive 2003/87/EC, monitoring shall include information on whether the voyage involved navigation in ice conditions, including information on the date, time, and location of the navigation in ice conditions, the method used to measure fuel oil consumption, fuel consumption and the fuel’s emission factor for each type of fuel when navigating in ice conditions, and the distance travelled when navigating in ice conditions. Information on whether the voyage occurs between ports under the jurisdiction of a Member State, departs from a port under the jurisdiction of a Member State or arrives in a port under the jurisdiction of a Member State shall also be provided. ’ |
Amendment 618
Proposal for a directive
Article 3 — paragraph 1 — point 6 a (new)
Regulation (EU) 2015/757
Article 10 — paragraph 2
Present text |
Amendment |
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Companies may monitor information relating to the ship's ice class and to navigation through ice, where applicable. |
‘Companies may monitor information relating to the ship's ice class and to navigation through ice, where applicable. For shipping companies that wish to surrender fewer emission allowances on the basis of their ships’ ice class or navigation in ice conditions, or both, under Directive 2003/87/EC, monitoring shall include aggregated greenhouse gas emissions from all voyages that involved navigating in ice conditions and the total distance travelled during voyages that involved navigating in ice conditions. ’ |
Amendment 619
Proposal for a directive
Article 3 — paragraph 1 — point 14 — point a
Regulation (EU) 2015/757
Article 23 — paragraph 2 — subparagraph 2
Text proposed by the Commission |
Amendment |
The power to adopt delegated acts referred to in Article 5(2), as regards ensuring the functioning of the EU ETS, and Articles 6(8), 7(5), 11a(4), 13(6) and 15(6) shall be conferred on the Commission for an indeterminate period of time from the entry into force of [revised MRV Regulation].”; |
The power to adopt delegated acts referred to in Article 5(2), as regards ensuring the functioning of the EU ETS, and Articles 6(8), 7(5), 11a(4), 13(6) and 15(6) shall be conferred on the Commission for a period of five years from the entry into force of [revised MRV Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. ”; |
Amendment 620
Proposal for a directive
Article 4 — paragraph 1 a (new)
Text proposed by the Commission |
Amendment |
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1a. By way of derogation from paragraph 1, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Article 1, point (15)(-a), of this Directive by 1 January 2025 at the latest. They shall forthwith communicate to the Commission the text of those provisions. |
Amendment 621
Proposal for a directive
Annex I — paragraph 1 — point a
Directive 2003/87/EC
Annex I — point 1
Text proposed by the Commission |
Amendment |
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Amendment 622
Proposal for a directive
Annex I — paragraph 1 — point a a (new)
Directive 2003/87/EC
Annex I — point 5
Present text |
Amendment |
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Amendment 623
Proposal for a directive
Annex I — paragraph 1 — point b — point -i (new)
Directive 2003/87/EC
Annex I — table — row 1
Present text
Combustion of fuels in installation with a total rated thermal input exceeding 20MW (except in installations for the incineration of hazardous or municipal waste) |
Carbon dioxide |
Amendment
(-i) |
the first row is replaced by the following: |
Combustion of fuels in installations with a total rated thermal input exceeding 20 MW (except in installations for the incineration of hazardous waste) including, from 1 January 2026, the combustion of fuels in installations for the incineration of municipal waste |
Carbon dioxide |
Amendment 624
Proposal for a directive
Annex I — paragraph 1 — point c — point v
Directive 2003/87/EC
Annex I — table — row 24 — column 1
Text proposed by the Commission |
Amendment |
Production of hydrogen (H2) and synthesis gas with a production capacity exceeding 25 tonnes per day |
Production of hydrogen(H2) and synthesis gas with a production capacity exceeding 25 tonnes per day and production of hydrogen (H2) and synthesis gas where the energy content is derived from renewable energy sources with a production capacity exceeding 5 tonnes per day |
Amendment 625
Proposal for a directive
Annex I — paragraph 1 — point c — point vii
Directive 2003/87/EC
Annex I — table — row 30
Text proposed by the Commission
‘Maritime transport |
Greenhouse gases covered by Regulation (EU) 2015/757’; |
Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers or cargo for commercial purposes |
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Amendment
‘Maritime transport |
Carbon dioxide (CO2), nitrous oxides (N2O) and methane (CH4) in line with Regulation (EU) 2015/757’ |
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Maritime transport activities of ships covered by Regulation (EU) 2015/757 of the European Parliament and of the Council performing voyages with the purpose of transporting passengers, cargo for commercial purposes and, from 2024, performing service activities for offshore installations |
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Such activities shall not include: |
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Amendment 626
Proposal for a directive
Annex I — paragraph 1 — point 2
Directive 2003/87/EC
Annex III — table
Text proposed by the Commission
Activity: |
Greenhouse gases |
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Carbon dioxide (CO2) |
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This activity shall not include: |
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Amendment
Activity: |
Greenhouse gases |
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Release for consumption of fuels which are used for combustion. |
Carbon dioxide (CO2) |
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This activity shall not include: |
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Amendment 627
Proposal for a directive
Annex I — point 3 — point a — point i
Directive 2003/87/EC
Annex IV — Part A — Calculation — subparagraph 4
Text proposed by the Commission |
Amendment |
The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14, shall be zero.; |
The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the delegated acts referred to in Article 14, shall be zero; |
Amendment 628
Proposal for a directive
Annex I — point 4 a (new)
Directive 2003/87/EC
Annex V a (new)
Text proposed by the Commission |
Amendment |
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“Annex Va |
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Option to surrender a readjusted amount of allowances for ice class ships |
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The readjusted amount of emission allowances to be surrendered for ice class ships shall correspond to a readjusted amount of emissions that is calculated based on the formula presented in this Annex. The readjusted amount of emissions shall take into account the technical characteristics that increase emissions of ships belonging to a Finnish-Swedish ice class IA or IA Super or an equivalent ice class during navigation at all times and the further increase of emissions due to navigating in ice conditions. |
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Readjusted amount of emission allowances to be surrendered annually means readjusted amount of annual emissions CO2 R. |
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The annual total emission CO2 T within the scope of the EU ETS are calculated on the basis of reporting under Regulation (EU) 2015/757 as follows: |
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CO2 T = CO2 T voyages between MS + CO2 B + 0,5 × (CO2 voyages from MS + CO2 voyages to MS) (1), |
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where CO2 T voyages between MS denotes the aggregated CO2 emissions from all voyages between ports under the jurisdiction of a Member State, CO2 B the emissions which occurred within ports under the jurisdiction of a Member State at berth, CO2eq voyages from MS the aggregated CO2 emissions from all voyages which departed from ports under the jurisdiction of a Member State and CO2 voyages to MS the aggregated CO2 emissions from all voyages to ports under the jurisdiction of a Member State. |
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Similarly, the annual total emissions of an ice-class ship when navigating in ice conditions within the scope of the EU ETS CO2eI are calculated on the basis of reporting under Regulation (EU) 2015/757 as follows: |
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CO2 eI = CO2 eq I voyages between MS + 0,5 × (CO2 eq I voyages from MS + CO2 eq I voyages to MS) (2), |
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where CO2eq I voyages between MS denotes the aggregated CO2 emissions of an ice-classed ship when navigating in ice conditions between ports under the jurisdiction of a Member, CO2eq I voyages from MS emissions of an ice-classed ship when navigating in ice conditions from all voyages which departed from ports under the jurisdiction of a Member State and CO2eq I voyages to MS emissions of an ice-classed ship when navigating in ice conditions from all voyages to ports under the jurisdiction of a Member State. |
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The annual total distance travelled within the scope of the EU ETS is calculated as follows: |
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DT = DT voyages between MS + 0,5 × (DT voyages from MS + DT voyages to MS) (3), |
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where DT voyages between MS denotes the aggregated distance of all voyages between ports under the jurisdiction of a Member State, DT voyages from MS the aggregated distance of all voyages which departed from ports under the jurisdiction of a Member State and DT voyages to MS the aggregated distance of all voyages to ports under the jurisdiction of a Member State. |
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The aggregated distance travelled when navigating in ice conditions within the scope of the EU ETS is calculated as follows: |
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DI= DI voyages between MS + 0,5 × (DI voyages from MS + DI voyages to MS) (4), |
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where DI voyages between MS denotes the aggregated distance sailed in ice conditions from all voyages between ports under the jurisdiction of a Member State, DI voyages from MS the aggregated distance sailed in ice conditions from all voyages which departed from ports under the jurisdiction of a Member State and DI voyages to MS the aggregated distance sailed in ice conditions from all voyages to ports under the jurisdiction of a Member State. |
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The readjusted amount of annual emissions CO2eq R are calculated as follows: |
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CO2 R = CO2 T — CO2 TF - CO2 NI (5), |
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where CO2 TF denotes the increase in annual emissions due to technical characteristics of ships having a Finnish-Swedish ice class IA or IA Super or an equivalent ice class and CO2 NI the increase in annual emissions of an ice-class ship due to navigating in ice conditions. |
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The increase in annual emissions due to technical characteristics of ships having a Finnish-Swedish ice class IA or IA Super or an equivalent ice class CO2 TF is calculated as follows: |
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CO2 TF = 0,05 ×(CO2 T — CO2 B — CO2 NI ) (6) The increase in annual emissions due to navigating in ice conditions is calculated as follows: |
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CO2 NI = CO2 I — CO2 RI (7) |
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where the readjusted annual emissions for navigating in ice conditions CO2 RI are: |
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CO2 RI = DI × (CO2eq/D)open water, (8) |
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where (CO2eq/D)ow denotes the emissions for voyages per distance travelled in open water. The latter is defined as follows: |
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(CO2eq/D)ow = (CO2 T — CO2 B — CO2 I)/(DT — DI) (9) |
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List of all symbols: |
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CO2 T annual total emissions within the geographical scope of the EU ETS |
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CO2 T voyages between MS aggregated CO2 emissions from all voyages between ports under the jurisdiction of a Member State |
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CO2 B emissions which occurred within ports under the jurisdiction of a Member State at berth |
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CO2 eq voyages from MS aggregated CO2 emissions from all voyages which departed from ports under the jurisdiction of a Member State |
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CO2 voyages to MS aggregated CO2 emissions from all voyages to ports under the jurisdiction of a Member State |
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DT annual total distance travelled within the scope of the EU ETS |
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DT voyages between MS aggregate distance of all voyages between ports under the jurisdiction of a Member State |
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DT voyages from MS aggregated distance of all voyages which departed from ports under the jurisdiction of a Member State |
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DT voyages to MS aggregated distance of all voyages to ports under the jurisdiction of a Member State |
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DI aggregated distance travelled when navigating in ice conditions within the geographical scope of the EU ETS |
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DI voyages between MS aggregated distance sailed in ice conditions of all voyages between ports under the jurisdiction of a Member State |
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DI voyages from MS aggregated distance sailed in ice conditions of all voyages which departed from ports under the jurisdiction of a Member State |
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DI voyages to MS aggregated distance sailed in ice conditions of all voyages to ports under the jurisdiction of a Member State |
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CO2 I annual emissions of an ice-class ship when navigating in ice conditions |
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CO2 NI increase of annual emissions of an ice-class ship due to navigating in ice conditions |
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CO2 R readjusted annual emissions |
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CO2 RI readjusted annual emissions for navigating in ice conditions |
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CO2 TF annual emissions due to technical characteristics of a ship with a Finnish-Swedish ice class IA or IA Super or an equivalent ice class on average, compared to ships designed to sail only in open water |
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(CO2eq/D)ow annual average of emissions for distance travelled in open water only. |
(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0162/2022).
(3) Paris Agreement (OJ L 282, 19.10.2016, p. 4).
(3) Paris Agreement (OJ L 282, 19.10.2016, p. 4).
(1a) OJ C 232, 16.6.2021, p. 28.
(4) COM(2019)0640.
(4) COM(2019)0640.
(1a) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
(1a) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(5) Special Eurobarometer 513 on Climate Change, 2021 (https://ec.europa.eu/clima/citizens/support_en).
(5) Special Eurobarometer 513 on Climate Change, 2021 (https://ec.europa.eu/clima/citizens/support_en).
(7) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
(8) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
(13) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
(13) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
(14) 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).
(15) Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
(14) 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).
(15) Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
(16) Paris Agreement, Article 4(4).
(16) Paris Agreement, Article 4(4).
(1a) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(1a) Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
(1a) OJ L 433 I, 22.12.2020, p. 28.
(1a) Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
(51) [please insert full OJ reference]
(51) [please insert full OJ reference]
(19) [add ref to the FuelEU Maritime Regulation].
(21) Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1).
(22) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
(21) Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1).
(22) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
(23) Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).
(25) Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58, 27.2.2020, p. 4).
(25) Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (OJ L 58, 27.2.2020, p. 4).
(26) Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
(26) Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
(27) Data from 2018. Eurostat, SILC [ilc_mdes01].
(28) 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).
(29) [Add ref to the Regulation establishing the Social Climate Fund].
(27) Data from 2018. Eurostat, SILC [ilc_mdes01].
(28) 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).
(29) [Add ref to the Regulation establishing the Social Climate Fund].
(*1) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (“European Climate Law”) (OJ L 243, 9.7.2021, p. 1).’;
(*2) 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).
(*) Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
(**) Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433 I, 22.12.2020, p. 1).
(*3) Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
(*4) Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).’
(*5) Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231, 30.6.2021, p. 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).
(*) 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).
(*) Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO 2 as well as demonstration projects of innovative renewable energy technologies under the system for greenhouse gas emission allowance trading within the Union established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).
(*) Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO 2 as well as demonstration projects of innovative renewable energy technologies under the system for greenhouse gas emission allowance trading within the Union established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).
(**) Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
(*) COM(2019)0640.
(**) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
(*) COM(2019)0640.
(*) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).’
(*) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).’
(1a) Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a system for greenhouse gas emission allowances trading within the Union (OJ L 302, 18.11.2010, p. 1).’
(*) Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
(*) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).