Secretariat of the Committee on Transport and Tourism
25 April 2022
final
VOTING LIST
Revision ETS Directive (maritime & road)
Proposal for a directive of the European Parliament and of the Council amending Directive
2003/87/EC establishing a system for greenhouse gas emission al owance 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
Rapporteur: Andrey Novakov
Concerned text
AM
Tabled by
Remarks*
Rapp Vote
Scope EU ETS
CA 1 EPP, Renew, ID, ECR,
If adopted, 239, 240, 241,
+
Article 2
The Left
242, 52 and 54 fal
Shared responsibility
CA 2 EPP, Renew, ID, ECR,
If adopted, 245, 246, 20, 248
+
Article 3(v)
The Left
A, 249, 247 A, 308, 317, 394,
395, 396, 86, 87, 88 and 90
fal
Definitions/competitiveness
CA 3 EPP, Renew, ID, ECR
If adopted, 251, 252, 253,
+
/carbon leakage
254, 255, 256, 258, 260, 261,
Article 3
458, 459, 460, 461 B, 53, 56,
57, 58, 59, 60, 61, 62, 63, 66,
68, 72 and 73 fal
Ships activities, geographic
CA 4A EPP, Renew, ID, ECR
If adopted, 269, 271, 272,
+
scope, phase in, OMR
273, 21, 275, 276, 277, 274,
Articles 3a and 3g
278, 284, 285, 286, 24, 287,
289, 299, 301, 302, 29, 303,
306, 316, 335, 385, 391, 456,
457, 467, 489 A, 474 A, 386,
491 A, 475, 46, 65, 64, 66, 1,
67, 68, 69, 76, 89, 232 and
233 fal
ETS allowances maritime
CA 4B EPP, Renew, ID, ECR
If adopted, 336, 337 and 32
+
Article 9
fal
Bonus system
CA 5 EPP, Renew, ID, ECR
If adopted, 282, 283, 298,
+
Articles 3g and 3ga
305, 307, 472, 51, 70, 71, 74,
75 and 110 fal
Bonus system aviation
CA 5A EPP, Renew, ID, ECR
If adopted, 377, 378, 379,
+
223, 224, 225, 226 and 227
fal
IMO progress
CA 6 EPP, Renew, ID, ECR,
If adopted, 22, 280, 23, 281,
+
Article 3g
The Left
279, 315, 318, 319, 320, 321,
322, 323, 78, 2, 79, 80 and
235 fal
Maritime Fund
CA 7A EPP, Renew, ID, ECR
If adopted, 314, 313 A, 310,
+
Article 3gd new
311, 30, 312, 309, 341, 343,
350, 352, 358, 55, 77, 93, 94 B
and 95 fal
Auctioning revenues
CA 7B EPP, Renew, ID, ECR
If adopted, 33, 344, 345, 346,
+
Article 10
348 and 34 fal
Innovation Fund
CA 7C EPP, Renew, ID, ECR
If adopted, 364, 358, 359,
+
Article 10a(8)
360, 361, 35, 362, 363, 365,
36, 366, 37, 368, 100, 102,
103, 99, 3, 101, 104, 105 and
106 fal
Modernisation Fund
CA 7D EPP, Renew, ID, ECR
If adopted, 370, 38, 369, 371,
+
Article 10d
373, 374, 39, 107 and 108 fal
Setting aside of allowances
CA 7E EPP, Renew, ID, ECR
If adopted, 339, 340, 451,
+
Article 10
450, 94 A and 222 fal
MSR Article 1
Impact assessment
CA 8 EPP, Renew, ID, ECR,
If adopted, 247 B, 325, 324,
+
Article 3ge
The Left
326, 327, 328, 31, 331, 329,
330, 332, 333, 334, 54, 81, 82,
83, 84, 85, 221, 234 and 236
fal
Ice navigation
CA 9 EPP, Renew, ID, ECR
If adopted, 380, 382, 381,
+
Article 12 etc.
384, 40, 387, 390, 41, 461 A,
462, 463, 464, 465, 466, 468,
469 and 91 fal
Review
CA 10 EPP, Renew, ID, ECR
If adopted, 447, 471, 50 and
+
Article 30j
236 fal
CBAM
CA 11 EPP, Renew, ID, ECR
If adopted, 354, 355, 356, 96
+
Article 10a
and 97 fal
Market access/excess
CA 12 EPP, ID, ECR
If adopted, 375, 392, 398,
+
fluctuations
399, 376, 400, 397 and 452
Articles 12(1), 19 and 29a
fal
ETS 2
CA 13 EPP, Renew, ID, ECR
If adopted, 243, 244, 262,
+
Chapter IVa etc.
265, 267, 401, 42, 407, 408,
409, 410, 411, 43, 412, 413,
414, 415, 416, 417, 418, 419,
2
420, 421, 422, 423, 424, 425,
426, 427, 428, 429, 430, 44,
431, 432, 433, 434, 435, 436,
437, 438, 440, 441, 443, 444,
445, 446, 448, 449, 453, 45,
476, 477, 47, 479, 480, 481,
483, 485, 486, 111, 4, 117,
118, 121, 122, 123, 124, 125,
126, 127, 128, 5, 133, 136,
137, 6, 142, 148, 7, 149, 8,
155, 9, 161, 167, 10, 168, 173,
11, 174, 177, 178, 12, 184, 13,
190, 191, 196, 14, 197, 198,
15, 204, 16, 210, 215, 17, 216,
219, 18, 228 and 19 fal
Entry into force
CA 14 EPP, Renew, ID, ECR
If adopted, 470 fal
+
proposal Art. 4
Article 1 – paragraph 1 –
248 B Bauzá Díaz, Bilbao
Fal s if CA 2 NOT adopted
+
point 2 – point d
Barandica, Katainen,
as addition to CA 2
Directive 2003/87/EC –
Oetjen, Nagtegaal
Article 3 – point v
248B: “Operation of the ship
… or the speed of the ship.”
Article 1 – paragraph 1 –
282
Salini, Marinescu,
Fal s if CA 5 adopted
+
point 5
Novakov
Directive 2003/87/EC –
Article 3g – paragraph 1a
(new)
Article 1 – paragraph 1 –
283
Salini, Marinescu,
Fal s if CA 5 adopted
+
point 5
Novakov
Directive 2003/87/EC –
Article 3g – paragraph 1b
(new)
Article 1 – paragraph 1 –
298
García Muñoz,
Fal s if CA 5 adopted
+
point 6
Rodríguez-Piñero,
Directive 2003/87/EC –
Homs Ginel, López
Article 3ga – paragraph 1a
Aguilar, Ruiz Devesa,
(new)
Durá Ferrandis,
Grapini
Article 1 – paragraph 1 –
304
Bauzá Díaz, Bilbao
Fal s if CA 4A NOT adopted
+
point 6
Barandica, Katainen,
as addition to CA 4A:
Directive 2003/87/EC –
Oetjen, Nagtegaal
“Member States shal provide
Article 3ga – paragraph 2
at least 30% of the al owances
… performance parameters.
Those routes shal be
incorporated in a list …
Commission.”
3
deep-sea routes
Article 1 – paragraph 1 –
305
García Muñoz,
Fal s if CA 5 adopted
+
point 6
Rodríguez-Piñero,
Directive 2003/87/EC –
Homs Ginel, López
Article 3ga – paragraph 2 a
Aguilar, Ruiz Devesa,
(new)
Durá Ferrandis,
Grapini
Article 1 – paragraph 1 –
307
Marinescu, Falcă,
Fal s if CA 5 adopted
+
point 6
Ferber, Salini, Vuolo,
Directive 2003/87/EC –
Łukacijewska,
Article 3ga new
Frankowski, Monteiro
de Aguiar, Virkkunen
Article 1 – paragraph 1 –
313 B Van Brempt, Tax,
Fal s if CA 7A NOT adopted
-
point 6
Cerdas, Vind
as addition to CA 7A
Directive 2003/87/EC –
Article 3gd b (new)
313B: “3. 30% of the Maritime
Fund’s means wil be al ocated
to a social pil ar … maritime
careers”
Article 1 – paragraph 1 –
342
Marinescu, Ferber,
Fal s if CA 7A NOT adopted
+
point 11 – point b
Falcă, Salini, Vuolo,
as addition to CA 7A
Directive 2003/87/EC –
Łukacijewska,
Article 10 – paragraph 3 –
Frankowski, Monteiro
insertion of the words: “to the
introductory part
de Aguiar
Aviation Transition Fund, in
accordance with Article 3da,
and” after “revenues
transferred”
(wording to be aligned to text
adopted on ETS aviation)
Article 1 – paragraph 1 –
347
Novakov, Falcă,
Fal s if CA 7B NOT adopted
+
point 11 – point b
Salini, Monteiro de
Identical
Directive 2003/87/EC –
Aguiar, Frankowski,
as addition to CA 7B
Article 10 – paragraph 3 –
Bogovič, Marinescu
point fa (new)
349
Marinescu, Ferber,
Falcă, Salini, Vuolo,
Łukacijewska,
Frankowski, Monteiro
de Aguiar
Article 1 – paragraph 1 –
351
Marinescu, Falcă,
Fal s if CA 7A NOT adopted
+
point 11 – point d
Ferber, Salini, Vuolo,
as addition to CA 7A
Directive 2003/87/EC –
Łukacijewska,
Article 10 – paragraph 4
Frankowski, Monteiro
insertion of the words
de Aguiar
“Aviation Fund and” before
“Maritime Fund”
4
(wording to be aligned to text
adopted on ETS aviation)
Article 1 – paragraph 1 –
353
Deli
Deletion
0
point 12 – point a
Directive 2003/87/EC –
Article 10a – paragraph 1
Article 1 – paragraph 1 –
354
Oetjen
Fal s if CA 11 adopted
+
point 12 – point b
Directive 2003/87/EC –
Article 10a – paragraph 1a –
subparagraph 1
Article 1 – paragraph 1 –
355
Marinescu, Falcă,
Fal s if CA 11 adopted
+
point 12 – point b
Ferber, Salini, Vuolo,
as addition to 354 “in
Directive 2003/87/EC –
Łukacijewska,
equalising CO2 costs between
Article 10a – paragraph 1a –
Frankowski, Monteiro
imported and domestic
subparagraph 1
de Aguiar
products”
Article 1 – paragraph 1 –
356
Oetjen
Fal if CA 11 adopted
+
point 12 – point b
Identical
Directive 2003/87/EC –
357
Deli
Article 10a – paragraph 1a –
subparagraph 2a (new)
Article 1 – paragraph 1 –
375
Marinescu, Falcă,
Fal s if CA 12 adopted
+
point 15 – point -a (new)
Ferber, Salini, Vuolo,
Directive 2003/87/EC –
Łukacijewska,
Article 12 – paragraph 1
Frankowski, Monteiro
de Aguiar, Virkkunen
Article 1 – paragraph 1 –
392
Marinescu, Falcă,
Fal s if CA 12 adopted
+
point 15 – point e a (new)
Ferber, Salini, Vuolo,
Deemed adopted if 375
Directive 2003/87/EC –
Łukacijewska,
adopted AND CA 12 NOT
Article 12 – paragraph 4
Frankowski, Monteiro
adopted
de Aguiar, Virkkunen
Article 1 – paragraph 1 –
393
Bauzá Díaz, Bilbao
+
point 16
Barandica, Katainen,
Directive 2003/87/EC –
Oetjen, Nagtegaal
Article 14 – paragraph 1 –
subparagraph 1
Article 1 – paragraph 1 –
398
Marinescu, Falcă,
Fal s if CA 12 adopted
+
point 19 a (new)
Ferber, Salini, Vuolo,
Directive 2003/87/EC –
Łukacijewska,
Article 19 – paragraph 2
Frankowski, Monteiro
de Aguiar, Virkkunen
Article 1 – paragraph 1 –
399
Marinescu, Ferber,
Fal s if CA 12 adopted
+
point 19 b (new)
Falcă, Salini, Vuolo,
Directive 2003/87/EC –
Łukacijewska,
5
Article 19 – paragraph 2a
Frankowski, Monteiro
(new)
de Aguiar, Virkkunen
Article 1 – paragraph 1 –
376
García Muñoz,
Fal s if CA 12 adopted
+
point 15 – point -a (new)
Rodríguez-Piñero,
Fal s if 398 AND 399 adopted
Directive 2003/87/CE –
López Aguilar, Ruiz
covered by 398/399
Article 12 – paragraph 1 b
Devesa, Durá
(new)
Ferrandis, Grapini,
Luena
Article 1 – paragraph 1 –
400
Deli
Fal s if CA 12 adopted
+
point 20 a (new)
Directive 2003/87/EC –
Article 29a
Article 1 – paragraph 1 –
397
García Muñoz,
Fal s if CA 12 or 400 adopted
+
point 19 a (new)
Rodríguez-Piñero,
Directive 2003/87/EC –
López Aguilar, Ruiz
Article 29a – paragraph 1
Devesa, Durá
Ferrandis, Grapini,
Luena
Article 2 – paragraph 1 –
452
García Muñoz,
Fal s if CA 12 adopted
0
point 1 – point c
Rodríguez-Piñero,
Decision (EU) 2015/1814 –
López Aguilar, Ruiz
Article 1 – paragraph 5aa
Devesa, Durá
(new)
Ferrandis, Grapini,
Luena
Annex I – paragraph 1 –
472
Novakov, Marinescu
Fal s if CA 5 adopted
+
point a
Directive 2003/87/EC –
Annex I – point 1
Annex I – paragraph 1 –
473
Campomenosi,
Deletion
-
point a
Borchia, Casanova,
Directive 2003/87/EC –
Haider, Tardino
Annex I – point 2
Annex – paragraph 1 – point 489 B Arias Echeverría
Fal if CA 7A NOT adopted
+
c-point vi -table
Identical
Directive 2003/87/EC –
474 B García Muñoz,
as addition to CA 4A the
ANNEX I – paragraph 1 –
Rodríguez-Piñero,
words “voyages performed by
point c – point vi – table
Homs Ginel, López
a ship with total emissions
Aguilar, Ruiz Devesa,
lower than 10000 tonnes per
Durá Ferrandis,
year”
Gálvez Muñoz,
Grapini
489B: AM point c)
474B: AM 2nd indent
491 B Bauzá Díaz
491B: AM point d)
Recital 8
51
Deli
Fal s if CA 5 adopted
-
6
Recital 17 a (new)
70
García Muñoz,
Fal s if CA 5 adopted
+
Rodríguez-Piñero,
Homs Ginel, López
Aguilar, Ruiz Devesa,
Durá Ferrandis,
Grapini
Recital 17 a (new)
71
Marinescu, Falcă,
No vote
+
Ferber, Salini, Vuolo,
Fal s if CA 5 adopted or 307
Łukacijewska,
NOT adopted
Frankowski, Monteiro
Otherwise deemed adopted
de Aguiar, Virkkunen
Recital 17 b (new)
74
Marinescu, Falcă,
Fal s if CA 5 adopted
+
Salini, Vuolo,
Fal s if 282 AND 307 NOT
Łukacijewska,
adopted
Frankowski, Monteiro
de Aguiar, Virkkunen,
Ferber, Arias
Echeverría
Recital 17 b (new)
75
García Muñoz,
No vote
+
Rodríguez-Piñero,
Fal s if CA 5 adopted or 298
Homs Ginel, López
NOT adopted
Aguilar, Ruiz Devesa,
Otherwise deemed adopted
Durá Ferrandis,
Grapini
Recital 30
96
Oetjen
Fal s if CA 11 adopted
+
Recital 30
97
Deli
Fal s if CA 11 or 96 adopted
+
covered by 96
Recital 32
98
Bauzá Díaz, Bilbao
+
Barandica, Katainen,
Oetjen, Nagtegaal
Recital 40
109
Novakov, Falcă,
+
Salini, Monteiro de
Aguiar, Frankowski,
Bogovič, Marinescu
Recital 42
110
Novakov, Falcă,
No vote
+
Salini, Monteiro de
Fal s if CA 5 adopted or 472
Aguiar, Frankowski,
NOT adopted
Bogovič, Marinescu
Otherwise deemed adopted
Recital 52
172
García Muñoz,
Fal s if CA 13 NOT adopted
+
Rodríguez-Piñero,
as addition to CA 13: text of
Vitanov, López
AM as Recital 52a (new)
Aguilar, Ruiz Devesa,
Durá Ferrandis
Recital 67 b (new)
237
Dalunde
-
7
Recital 67 c (new)
238
Dalunde
-
Final vote – Draft as amended (Rol -cal vote)
+
* Please note that amendments shown as falling under a compromise include any relevant identical
amendment or amendment voted together, as indicated previously in the draft voting list.
8
COMPROMISE AMENDMENTS
COMPROMISE AMENDMENT 1
SCOPE of EU ETS
Supported by: EPP, Renew, ID, ECR, The Left
Replacing AMs: 239, 240, 241, 242, 52, 54
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
1.
This Directive shall apply to the
activities listed in Annexes I
and III, and to the
activities listed in Annexes I, and to the
of greenhouse gases listed in Annex II. Where
greenhouse gases listed in Annex II. Where an
an installation that is included in the scope of
installation that is included in the scope of the
the EU ETS due to the operation of combustion
EU ETS due to the operation of combustion
units with a total rated thermal input exceeding
units with a total rated thermal input exceeding
20 MW changes its production processes to
20 MW changes its production processes to
reduce its greenhouse gas emissions and no
reduce its greenhouse gas emissions and no
longer meets that threshold, it shall remain in
longer meets that threshold, it shall remain in
the scope of the EU ETS until the end of the
the scope of the EU ETS until the end of the
relevant five year period referred to in Article
relevant five year period referred to in Article
11(1), second subparagraph, following the
11(1), second subparagraph, following the
change to its production process.
change to its production process.
Article 1 – paragraph 1 – point 1
Directive 2003/87/EC
Article 2 – paragraph 2
Text proposed by the Commission
Amendment
2.
This Directive shall apply without
2.
This Directive shall apply without
prejudice to any requirements pursuant to
prejudice to any requirements pursuant to
Directive 2010/75/EU of the European
Directive 2010/75/EU of the European
Parliament and of the Council(*).
Parliament and of the Council(*).
Proposal for a directive
Recital 14
Text proposed by the Commission
Amendment
(14)
International maritime transport
(14)
International maritime transport
activity, consisting of voyages between ports
activity, consisting of voyages between ports
under the jurisdiction of two different Member
under the jurisdiction of two different Member
States or between a port under the jurisdiction
States or between a port under the jurisdiction
of a Member State and a port outside the
of a Member State and a port outside the
9
jurisdiction of any Member State, has been the
jurisdiction of any Member State, has been the
only means of transportation not included in
only means of transportation not included in
the Union's past commitments to reduce
the Union's past commitments to reduce
greenhouse gas emissions. Emissions from fuel
greenhouse gas emissions. Emissions from fuel
sold in the Union for journeys that depart in
sold in the Union for journeys that depart in
one Member State and arrive in a different
one Member State and arrive in a different
Member State or a third country have grown by
Member State or a third country have grown by
around 36 % since 1990. Those emissions
around 36 % since 1990. Those emissions
represent close to 90 % of all Union navigation
represent close to 90 % of all Union navigation
emissions as emissions from fuel sold in the
emissions as emissions from fuel sold in the
Union for journeys departing and arriving in
Union for journeys departing and arriving in
the same Member State have been reduced by
the same Member State have been reduced by
26 % since 1990. In a business-as-usual
26 % since 1990. In a business-as-usual
scenario, emissions from international
scenario, emissions from international
maritime transport activities are projected to
maritime transport activities are projected to
grow by around 14 % between 2015 and 2030
grow by around 14 % between 2015 and 2030
and 34 % between 2015 and 2050.
If the
and 34 % between 2015 and 2050.
climate change impact of maritime transport
Proportional action in this sector should
activities grows as projected, it would
therefore considerably contribute to reaching
significantly undermine reductions made by
the EU’s GHG gas emission reduction goals
other sectors to combat climate change.
and climate neutrality by 2050 as set by the
Climate Law.
10
COMPROMISE AMENDMENT 2
SHARED RESPONSIBILITY
Supported by: EPP, Renew, ID, ECR, The Left
Replacing AMs: 20, 245, 246, 247, 248, 249, 250, 308, 317, 394, 395, 396, 86, 87, 88, 90
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3–point v
Text proposed by the Commission
Amendment
(v)
‘shipping company’ means the
(v)
‘shipping company’ means the
shipowner or any other organisation or person,
shipowner or any other organisation or person,
such as the manager or the bareboat charterer,
such as the manager or the bareboat charterer,
that has assumed the responsibility for the
that has assumed the responsibility for the
operation of the ship from the shipowner and
operation of the ship from the shipowner and
that, on assuming such responsibility, has
that, on assuming such responsibility, has
agreed to take over all the duties and
agreed to take over all the duties and
responsibilities imposed by the International
responsibilities imposed by the International
Management Code for the Safe Operation of
Management Code for the Safe Operation of
Ships and for Pollution Prevention, set out in
Ships and for Pollution Prevention, set out in
Annex I to Regulation (EC) No 336/2006 of
Annex I to Regulation (EC) No 336/2006 of
the European Parliament and of the Council(*);
the European Parliament and of the Council(*);
when the ultimate responsibility for the
operation of the ship and the decisions
affecting the GHG emissions of the ship is
assumed, by means of a contractual
arrangement, by a different entity or entities,
this entity/-ies shall be directly responsible for
assuming the duties, responsibilities and
compliance costs under this Directive to the
extend provided under this contractual
agreement.
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a
Directive 2003/87/EC
Article 16 – paragraph 2
Text proposed by the Commission
Amendment
[...]
unchanged
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Directive 2003/87/EC
Article 16 – paragraph 3a
11
Text proposed by the Commission
Amendment
[...]
unchanged
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Directive 2003/87/EC
Article 16 – paragraph 11a
Text proposed by the Commission
Amendment
[...]
unchanged
Proposal for a directive
Recital 20
Text proposed by the Commission
Amendment
(20)
The person or organisation responsible
(20)
The person or organisation responsible
for the compliance with the EU ETS should be
for the compliance with the EU ETS should be
the shipping company, defined as the
the shipping company, defined as the
shipowner or any other organisation or person,
shipowner or any other organisation or person,
such as the manager or the bareboat charterer,
such as the manager or the bareboat charterer,
that has assumed the responsibility for the
that has assumed the responsibility for the
operation of the ship from the shipowner and
operation of the ship from the shipowner and
that, on assuming such responsibility, has
that, on assuming such responsibility, has
agreed to take over all the duties and
agreed to take over all the duties and
responsibilities imposed by the International
responsibilities imposed by the International
Management Code for the Safe Operation of
Management Code for the Safe Operation of
Ships and for Pollution Prevention. This
Ships and for Pollution Prevention. This
definition is based on the definition of
definition is based on the definition of
‘company’ in Article 3, point (d) of Regulation
‘company’ in Article 3, point (d) of Regulation
(EU) 2015/757, and in line with the global data
(EU) 2015/757, and in line with the global data
collection system established in 2016 by the
collection system established in 2016 by the
IMO. In line with the polluter pays principle,
IMO. In line with the polluter pays principle,
the shipping company could, by means of a
the shipping company could, by means of a
contractual arrangement, hold the entity that is
contractual arrangement, hold the entity that is
directly responsible for the decisions affecting
directly responsible for the decisions affecting
the CO2 emissions of the ship accountable for
the CO2 emissions of the ship accountable for
the compliance costs under this Directive. This
the compliance costs under this Directive. This
entity would normally be the entity that is
entity would normally be the entity that is
responsible for the choice of fuel, route and
responsible for the choice of fuel, route and
speed of the ship.
speed of the ship.
Compliance of the ship,
which is a shared responsibility between the
ship owner and the operator, needs to be
monitored and enforced. The Commission is
called upon to assess by 2027 potential
compliance loopholes, propose measures and
review this Directive, when appropriate.
12
Proposal for a directive
Recital 21
Text proposed by the Commission
Amendment
(21)
In order to reduce the administrative
(21)
In order to reduce the administrative
burden on shipping companies, one Member
burden on shipping companies, one Member
State should be responsible for each shipping
State should be responsible for each shipping
company. The Commission should publish an
company. The Commission should publish an
initial list of shipping companies that
initial list of shipping companies that
performed a maritime activity falling within
performed a maritime activity falling within
the scope of the EU ETS, which specifies the
the scope of the EU ETS, which specifies the
administering authority in respect of each
administering authority in respect of each
shipping company. The list should be updated
shipping company. The list should be updated
at least every
two years to reattribute shipping
regularly and at least every
year to reattribute
companies to another administering authority
shipping companies to another administering
as relevant. For shipping companies registered
authority as relevant. For shipping companies
in a Member State, the administering authority
registered in a Member State, the administering
should be that Member State. For shipping
authority should be that Member State. For
companies registered in a third country, the
shipping companies registered in a third
administering authority should be the Member
country, the administering authority should be
State in which the shipping company had the
the Member State in which the shipping
greatest estimated number of port calls from
company had the greatest estimated number of
voyages falling within the scope of Directive
port calls from voyages falling within the
2003/87/EC in the last two monitoring years.
scope of Directive 2003/87/EC in the last two
For shipping companies registered in a third
monitoring years. For shipping companies
country and which did not perform any voyage
registered in a third country and which did not
falling within the scope of Directive
perform any voyage falling within the scope of
2003/87/EC in the last two monitoring years,
Directive 2003/87/EC in the last two
the administering authority should be the
monitoring years, the administering authority
Member State from where the shipping
should be the Member State from where the
company started its first voyage falling within
shipping company started its first voyage
the scope of that Directive. The Commission
falling within the scope of that Directive. The
should publish and update on a
biennial basis a
Commission should publish and update on a
list of shipping companies falling within the
yearly basis a list of shipping companies
scope of Directive 2003/87/EC specifying the
falling within the scope of Directive
administering authority for each shipping
2003/87/EC specifying the administering
company. In order to ensure equal treatment of
authority for each shipping company. In order
shipping companies, Member States should
to ensure equal treatment of shipping
follow harmonised rules for the administration
companies, Member States should follow
of shipping companies for which they have
harmonised rules for the administration of
responsibility, in accordance with detailed
shipping companies for which they have
rules to be established by the Commission.
responsibility, in accordance with detailed
rules to be established by the Commission.
Proposal for a directive
Recital 24
Text proposed by the Commission
Amendment
(24)
Based on experience from similar tasks
(24)
Based on experience from similar tasks
related to environmental protection, the
related to environmental protection, the
13
European Maritime Safety Agency (EMSA) or
European Maritime Safety Agency (EMSA) or
another relevant organisation should, as
another relevant organisation should, as
appropriate and in accordance with its
appropriate and in accordance with its
mandate, assist the Commission and the
mandate, assist the Commission and the
administering authorities in respect of the
administering authorities in respect of the
implementation of Directive 2003/87/EC.
implementation of Directive 2003/87/EC.
Owing to its experience with the
Owing to its experience with the
implementation of Regulation (EU) 2015/757
implementation of Regulation (EU) 2015/757
and its IT tools, EMSA
could assist the
and its IT tools, EMSA
should assist the
administering authorities notably as regards the
administering authorities notably as regards the
monitoring, reporting and verification of
monitoring, reporting and verification of
emissions generated by maritime activities
emissions generated by maritime activities
under the scope of this Directive by facilitating
under the scope of this Directive by facilitating
the exchange of information or developing
the exchange of information or developing
guidelines and criteria.
guidelines and criteria.
14
COMPROMISE AMENDMENT 3
DEFINITIONS/ COMPETITIVENESS/CARBON LEAKAGE
Supported by: EPP, Renew, ID, ECR
Replacing AMs: 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 458, 459, 460, 53, 56, 57, 58, 59, 60,
61, 62, 63, a part of 66, 68, 72, 73, 461
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point (w a) - (w e) (new)
Text proposed by the Commission
Amendment
(w a) “port of call” means the port where a
ship stops to load or unload cargo or to
embark or disembark passengers;
consequently, for the purpose of this directive
stops for the sole purposes of refuelling,
obtaining supplies, relieving the crew, going
into dry-dock or making repairs to the ship or
its equipment, stops in port because the ship is
in need of assistance or in distress, ship-to-
ship transfers carried out outside ports, stops
in a transhipment port of a non-EU
neighbouring country and stops for the sole
purpose of taking shelter from adverse
weather or rendered necessary by search and
rescue activities are excluded;
(w b) "transhipment port” means the port
where the movement of one type of cargo to
be transhipped exceeds majority of the total
traffic of that port. It needs to be considered
that cargo, container or goods are
transhipped when they are unloaded from
ship to the port for the sole purpose of loading
them on another ship. Such ports shall be
incorporated in a list and reconsidered on an
annual basis by the Commission;
(w c) “deep sea routes" are those shipping
routes connecting two or more continents and
performed by regular services covering more
than 3000 km long where ships would carry
out transhipment operations at any port in its
route. Such routes shall be incorporated in a
list and reconsidered on an annual basis by
the Commission;
(w d) "transhipment operation” means an
operation in which any cargo, container or
good is unloaded from a ship to the port for
15
the sole purpose of loading it on another ship;
(w e) "non-EU neighbouring country" means
a non-EU country which is connected by the
same sea basin to an EU Member State, or
adjacent to an EU Member State;
(w f) ‘voyage’ means any movement of a ship
that originates from or terminates in a port of
call and that serves the purpose of trans-
porting passengers or cargo for commercial
purposes
Proposal for a directive
Article 3 – paragraph 1 – point 1a (new)
Regulation (EU) 2015/757
Article 3 – point c
Text proposed by the Commission
Amendment
(c) ‘voyage’ means any movement of a ship
= COM
that originates from or terminates in a port of
call and that serves the purpose of transporting
passengers or cargo for commercial purposes;
Proposal for a directive
Article 3 – paragraph -1 a (new)
Regulation (EU) 2015/757
Article 3 – point b
Present text
Amendment
(-1 a) in Article 3, point (b) is replaced by the
following:
‘port of call’ means the port where a ship stops
"
(b) ‘port of call’ means the port where a ship
to load or unload cargo or to embark or
stops to load or unload cargo or to embark or
disembark passengers; consequently, stops for
disembark passengers; consequently
, for the
the sole purposes of refuelling, obtaining
purpose of this regulation, stops for the sole
supplies, relieving the crew, going into dry-
purposes of refuelling, obtaining supplies,
dock or making repairs to the ship and/or its
relieving the crew, going into dry-dock or
equipment, stops in port because the ship is in
making repairs to the ship and/or its
need of assistance or in distress, ship-to-ship
equipment, stops in port because the ship is in
transfers carried out outside ports, and stops for
need of assistance or in distress, ship-to-ship
the sole purpose of taking shelter from adverse
transfers carried out outside ports,
stops in a
weather or rendered necessary by search and
transhipment port of a non-EU neighbouring
rescue activities are excluded;
country and stops for the sole purpose of
taking shelter from adverse weather or
16
rendered necessary by search and rescue
activities are excluded;
Proposal for a directive
Recital 15
Text proposed by the Commission
Amendment
(15)
In 2013, the Commission adopted a
(15)
In 2013, the Commission adopted a
strategy for progressively integrating maritime
strategy for progressively integrating maritime
emissions into the Union's policy for reducing
emissions into the Union's policy for reducing
greenhouse gas emissions. As a first step in
greenhouse gas emissions. As a first step in
this approach, the Union established a system
this approach, the Union established a system
to monitor, report and verify emissions from
to monitor, report and verify emissions from
maritime transport in Regulation (EU)
maritime transport in Regulation (EU)
2015/757 of the European Parliament and of
2015/757 of the European Parliament and of
the Council47 , to be followed by the laying
the Council47 , to be followed by the laying
down of reduction targets for the maritime
down of reduction targets for the maritime
sector and the application of a market based
sector and the application of a market based
measure. In line with the commitment of the
measure. In line with the commitment of the
co-legislators expressed in Directive (EU)
co-legislators expressed in Directive (EU)
2018/410 of the European Parliament and of
2018/410 of the European Parliament and of
the Council48 , action by the International
the Council48 , action by the International
Maritime Organization (IMO) or the Union
Maritime Organization (IMO) or the Union
should start from 2023, including preparatory
should start from 2023, including preparatory
work on adoption and implementation of a
work on adoption and implementation of a
measure ensuring that the sector duly
measure ensuring that the sector duly
contributes to the efforts needed to achieve the
contributes to the efforts needed to achieve the
objectives agreed under the Paris Agreement
objectives agreed under the Paris Agreement
and due consideration being given by all
and due consideration being given by all
stakeholders.
stakeholders.
When defining and
implementing these actions, the EU should
take due consideration of the competitiveness
of the maritime sector, including the
competitive position of EU ports as well as
avoiding creating carbon and business
leakage. It is important to take into account
EU-neighbouring port calls made before and
after EU port calls. The Commission should
therefore set up a monitoring scheme and
propose measures to assess and address
carbon and business leakage linked to
rerouting and evasion calls, as well as
determine the possible impacts of such a
regional system on the competitiveness and
connectivity of ports in Europe, as well as the
possible negative impact on the modal split.
__________________
__________________
47 Regulation (EU) 2015/757 of the European
47 Regulation (EU) 2015/757 of the European
Parliament and of the Council of 29 April 2015
Parliament and of the Council of 29 April 2015
on the monitoring, reporting and verification of
on the monitoring, reporting and verification of
carbon dioxide emissions from maritime
carbon dioxide emissions from maritime
transport, and amending Directive 2009/16/EC
transport, and amending Directive 2009/16/EC
(OJ L 123, 19.5.2015, p. 55).
(OJ L 123, 19.5.2015, p. 55).
17
48 Directive (EU) 2018/410 of the European
48 Directive (EU) 2018/410 of the European
Parliament and of the Council of 14 March
Parliament and of the Council of 14 March
2018 amending Directive 2003/87/EC to
2018 amending Directive 2003/87/EC to
enhance cost-effective emission reductions and
enhance cost-effective emission reductions and
low-carbon investments, and Decision (EU)
low-carbon investments, and Decision (EU)
2015/1814 (OJ L 76, 19.3.2018, p. 3).
2015/1814 (OJ L 76, 19.3.2018, p. 3).
Proposal for a directive
Recital 16
Text proposed by the Commission
Amendment
(16)
Pursuant to Directive (EU) 2018/410,
(16)
Maritime transport is not only an
the Commission should report to the European
important sector for the European economy
Parliament and to the Council on the progress
but it is also essential for European
achieved in the IMO towards an ambitious
connectivity. The sector operates in an
emission reduction objective, and on
international environment and requires a
accompanying measures to ensure that the
global level playing field to remain
maritime transport sector duly contributes to
competitive. An early transition to sustainable
the efforts needed to achieve the objectives
shipping of the European maritime transport
agreed under the Paris Agreement. Efforts to
sector may present a unique opportunity to
limit global maritime emissions through the
increase its competitiveness as the global
IMO are under way and should be encouraged
.
system transitions to zero-emission. Pursuant
However, while the recent progress achieved
to Directive (EU) 2018/410, the Commission
through the IMO is welcome, these measures
should report to the European Parliament and
will not be sufficient to achieve the objectives
to the Council on the progress achieved in the
of the Paris Agreement.
IMO towards an ambitious emission reduction
objective, and on accompanying measures to
ensure that the maritime transport sector duly
contributes to the efforts needed to achieve the
objectives agreed under the Paris Agreement.
Given the international character of shipping,
efforts to limit global maritime emissions
through the IMO are under way and should be
encouraged
by establishing a global climate
effective market-based measure, in line with
the Paris Agreement, as most suitable and
effective option to address the
decarbonisation of the sector, especially for
regions at the periphery of Europe whose
maritime sectors are highly exposed to
negative economic impacts. The Commission
in collaboration with Member States should
therefore further step up diplomatic efforts
and increase the pressure on the IMO
in order
to limit the global average temperature rise to
well below 2°C above pre-industrial levels,
and to aim for 1.5°C, as well as to avoid
carbon leakage, which would endanger EU
businesses due to unfair international
competition vis-à-vis non-EU ports.
Overall,
EU initiatives addressing emissions from
shipping should be compatible with IMO
efforts in order to keep level playing field on
maritime routes.
18
Proposal for a directive
Recital 16 a (new)
Text proposed by the Commission
Amendment
(16 a) A regional market-based measure
such as the ETS could seriously jeopardise
the reduction of total shipping emissions since
evasive port calls at non-EU neighbouring
ports could even increase overall emissions,
in particular when evasion leads to longer
voyages to and from third countries with
lower environmental standards. To that end,
the European Union should avoid possible
evasive action and include the evasive call
to/from a non-EU neighbouring port,
including non-EU transhipment ports, as a
call to an EU port when calculating the
emissions falling under this Directive. The
scope of voyages to be reported in the
Regulation 2015/757 should include a
requirement to report entire voyages involving
these non-EU neighbouring ports. To this
aim, the definition of port call applied in the
EU ETS Directive and in Regulation
2015/757 should consider the risk of carbon
and business leakage arising from the
implementation of a regional market-based
measure. Accordingly, the definition of port
call should include stops in a transhipment
port of a non-EU neighbouring country and
must account for, and help prevent, vessels
evading the EU ETS through evasive port
calls on ports in countries neighbouring the
EU. Furthermore, a new definition on
neighbouring transhipment port should be
integrated to level out the playing field and
prevent carbon leakage occurring as a result
of more stringent rules applied in the EU
ports as compared with the ports of non-EU
countries. With the view to ensuring level
playing field, the Commission should
furthermore establish a list of deep-sea routes
connecting two or more continents and
performed by regular services covering more
than 3000 km long where ships would carry
out transhipment operations at any port in its
route. This list should be reconsidered on
annual basis by the Commission.
19
COMPROMISE AMENDMENT 4A
SHIPS & ACTIVITIES COVERED, GEOGRAPHICAL SCOPE (OMR including) AND PHASE IN
Supported by: EPP, Renew, ID, ECR
Replacing AMs: 21, 24, 25, 26, 27, 28, 29, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 284, 285, 286,
287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 299, 300, 301, 302, 303, 306, 316, 385, 386, 391, 471,
474, 489, 491, 1, 64, 65, 66, 67, 68, 69, 76, 89, 232, 233, 46, MRV: 456, 457, 467
Annex I: 386, 391, 474, 475, 489, 491
Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757 MRV
Article 2 - paragraph 1
Text proposed by the Commission
Amendment
1. This Regulation applies to ships above 5 000
gross tonnage in respect of CO2 emissions
unchanged
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.
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2003/87/EC
Article 3a
Text proposed by the Commission
Amendment
Articles 3b to 3f shall apply to the allocation
Articles 3b to 3f shall apply to the allocation
and issue of allowances in respect of the
and issue of allowances in respect of the
aviation activities listed in Annex I. Articles 3g
aviation activities listed in Annex I. Articles 3g
to 3ge shall apply in respect of the maritime
to 3ge shall apply in respect of the maritime
transport activities listed in Annex I.
transport activities listed in Annex I.
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
1.
The allocation of allowances and the
application of surrender requirements in
application of surrender requirements in
respect of maritime transport activities shall
respect of maritime transport activities shall
apply in respect of fifty percent (50 %) of the
apply in respect of fifty percent (50 %) of the
emissions from ships performing voyages
emissions from ships performing voyages
departing from a port under the jurisdiction of
departing from a port under the jurisdiction of
a Member State and arriving at a port outside
a Member State and arriving at a port outside
the jurisdiction of a Member State, fifty
the jurisdiction of a Member State, fifty
percent (50 %) of the emissions from ships
percent (50 %) of the emissions from ships
performing voyage departing from a port
performing voyage departing from a port
outside the jurisdiction of a Member State and
outside the jurisdiction of a Member State and
20
arriving at a port under the jurisdiction of a
arriving at a port under the jurisdiction of a
Member State, one hundred percent (100 %) of
Member State, one hundred percent (100 %)
emissions from ships performing voyages
of emissions from ships performing voyages
departing from a port under the jurisdiction of
departing from a port under the jurisdiction of
a Member State and arriving at a port under the
a Member State and arriving at a port under the
jurisdiction of a Member State and one
jurisdiction of a Member State and one
hundred percent (100 %) of emissions from
hundred percent (100 %) of emissions from
ships at berth in a port under the jurisdiction of
ships at berth in a port under the jurisdiction of
a Member State.
a Member State.
In case of a distance between a port under the
jurisdiction of a Member State and at a port
outside the jurisdiction of a Member State less
than [xxx] nautical miles [the Commission
should recalculate the appropriate number of
nautical miles], subject to an impact
assessment establishing a list of port calls in
neighbouring non-EU transhipment ports, 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, one hundred
percent (100%) of the emissions from ships
performing voyage 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.
Proposal for a directive OMR derogation
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 2 a (new)
Text proposed by the Commission
Amendment
2 a.
By way of derogation from Articles 3g
and 3ga, Member States shall take no action
against shipping companies in respect of
emissions from ships performing voyages on
routes between island and mainland or within
islands which form part of the same insular
region or area or voyages to and from ports
located in an outermost region, between two
different ports located in different outermost
regions and between a port located in an
outermost region and a port located in the
same Member State or other EU Member
State. Following a report to the European
Parliament and the Council on possible
impact of extending the scope of the EU ETS
to maritime transport to and from outermost
21
regions, the Commission shall assess whether
it is justified to end this derogation, and,
where appropriate, it shall submit an
amendment for that purpose.
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – introductory part
Text proposed by the Commission
Amendment
Shipping companies shall be liable to surrender
Shipping companies shall be liable to surrender
allowances according to the following
allowances
in respect of the share/percentages
schedule:
of emissions from ships referred to in Article
3g according to the following schedule:
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point a
Text proposed by the Commission
Amendment
(a)
20 % of verified emissions reported for
(a)
25 % of verified emissions reported for
2023;
the first year subsequent to 18 months after
the entry into force of this Directive;
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point b
Text proposed by the Commission
Amendment
(b)
45 % of verified emissions reported for
(b)
50 % of verified emissions reported for
2024;
the second year subsequent to 18 months after
the entry into force of this Directive;
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 1 – point c
Text proposed by the Commission
Amendment
(c)
70 % of verified emissions reported for
(c)
75 % of verified emissions reported for
2025;
the third year subsequent to 18 months after
the entry into force of this Directive;
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Atricle 3ga – paragraph 1 – point d
Text proposed by the Commission
Amendment
(d)
100 % of verified emissions reported
(d)
100 % of verified emissions reported
22
for
2026 and each year thereafter.
the fourth year subsequent to 18 months after
the entry into force of this Directive.
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Text proposed by the Commission
Amendment
To the extent that fewer allowances are
deleted
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.
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd – paragraph 2 – point a
Text proposed by the Commission
Amendment
(a)
before 1 February
2024, publish a list
(a)
before 1 February
the second year
of shipping companies which performed a
subsequent to 18 months after the entry into
maritime activity listed in Annex I that fell
force of this Directive, publish a list of
within the scope defined in Article 3g on or
shipping companies which performed a
with effect from 1 January
2023, specifying the
maritime activity listed in Annex I that fell
administering authority for each shipping
within the scope defined in Article 3g on or
company in accordance with paragraph 1; and
with effect from 1 January
the first year
subsequent to 18 months after the entry into
force of this Directive, specifying the
administering authority for each shipping
company in accordance with paragraph 1; and
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2003/87/EC
Article 6 – point e
Text proposed by the Commission
Amendment
(e)
an obligation to surrender
allowances
(e)
an obligation to surrender each
equal to the total emissions of the installation
calendar year
allowances in accordance with
in each calendar year, as verified in accordance
provisions of this Directive, as verified in
with
Article 15, within four months following
accordance with
Articles 3gc and 15, within
the end of that year
;
four months following the end of that year.
23
Proposal for a directive
Annex – paragraph 1 – subparagraph 1 - point c - point vii
Directive 2003/87/EC
Annex I – table – ultimate row – column 1
Text proposed by the Commission
Amendment
Maritime transport
Maritime transport
Maritime transport activities of ships covered
Maritime transport activities of ships covered
by Regulation (EU) 2015/757 of the European
by Regulation (EU) 2015/757 of the European
Parliament and of the Council performing
Parliament and of the Council performing
voyages with the purpose of transporting
voyages with the purpose of transporting
passengers or cargo for commercial purposes
passengers or cargo for commercial purposes
Those activities shall not include:
a) voyages performed in the framework of a
public service contract or subject to public
service obligations in accordance to Council
Regulation (EEC) No 3577/92;
b) voyages performed on routes to and/or
from outermost regions and voyages
operating within outermost regions, as
specified in Article 299(2) of the Treaty;
c) voyages performed on routes between
island and mainland, within islands which
form part of the same insular region or area;
(d) humanitarian voyages;
(e) search and rescue voyages or parts of
normal voyages by ships where search and
rescue activities had to be carried out;
(f) force majeure for all or part of the voyage;
Proposal for a directive
Article 3 – paragraph 1 – point -1 a (new)
Regulation (EU) 2015/757
Article 2 – paragraph 2
Present text
Amendment
2.
This Regulation does not apply to
2.
This Regulation does not apply to
warships, naval auxiliaries, fish-catching or
warships, naval auxiliaries, fish-catching or
fish-processing ships, wooden ships of a
fish-processing ships, wooden ships of a
primitive build, ships not propelled by
primitive build, ships not propelled by
mechanical means,
or government ships
mechanical means, government ships used
24
used for non-commercial purposes.
for non-commercial purposes
or ships for
civil protection and search and rescue
purposes.
Proposal for a directive
Annex – paragraph 1 – subparagraph 1 - point c - point vii
Directive 2003/87/EC
Annex I – table – ultimate row – column 2
Text proposed by the Commission
Amendment
“
Greenhouse gases covered by Regulation
unchanged
(EU) 2015/757”;
Or. en
Proposal for a directive
Recital 16 b (new)
Whereas the maritime transport activities to be
addressed in Directive 2003/87/EC include CO2
emissions from ships above 5000 gross tonnage pursuant
to Regulation (EU) 2015/757, the Commission no later
than [xx years after the entry into force of this directive]
should analyse an added value of progressively
integrating maritime emissions from smaller ships above
400 GT, possibly including also ships performing service
activities for offshore installations, into the Union's
framework through an impact assessment. In doing so,
such ships could be subject to the Union system for
monitoring, reporting and verifying CO2 emissions
during a pilot phase of application of that system
covering at least 2 reporting periods. Among analysed
data, the Commission should consider the potential
GHG emissions reduction, scale of administrative
burden as well as financial consequences. Following
conclusions of such an impact assessment, the
Commission should present legislative proposals to the
Council and the European Parliament amending
Regulation (EU) 2015/757 and Directive 2003/87/EC, if
appropriate.
Proposal for a directive
Recital 17
Text proposed by the Commission
Amendment
(17)
In the European Green Deal, the
(17)
In the European Green Deal, the
Commission stated its intention to take
Commission stated its intention to take
additional measures to address greenhouse gas
additional measures to address greenhouse gas
25
emissions from the maritime transport sector
emissions from the maritime transport sector
through a basket of measures to enable the
through a basket of measures to enable the
Union to reach its emissions reduction targets.
Union to reach its emissions reduction targets.
In this context, Directive 2003/87/EC should
In this context, Directive 2003/87/EC should
be amended to include the maritime transport
be amended to include the maritime transport
sector in the EU ETS in order to ensure this
sector in the EU ETS in order to ensure this
sector contributes to the increased climate
sector contributes to the increased climate
objectives of the Union as well as to the
objectives of the Union as well as to the
objectives of the Paris Agreement, which
objectives of the Paris Agreement, which
requires developed countries to take the lead
requires developed countries to take the lead
by undertaking economy-wide emission
by undertaking economy-wide emission
reduction targets, while developing countries
reduction targets, while developing countries
are encouraged to move over time towards
are encouraged to move over time towards
economy-wide emission reduction or limitation
economy-wide emission reduction or limitation
targets.49 Considering that emissions from
targets.49 Considering that emissions from
international aviation outside Europe should be
international aviation outside Europe should be
capped from January 2021 by global market-
capped from January 2021 by global market-
based action while there is no action in place
based action while there is no action in place
that caps or prices maritime transport
that caps or prices maritime transport
emissions, it is appropriate that the EU ETS
emissions, it is appropriate that the EU ETS
covers a share of the emissions from voyages
covers a share of the emissions from voyages
between a port under the jurisdiction of a
between a port under the jurisdiction of a
Member State and port under the jurisdiction
Member State and port under the jurisdiction
of a third country, with the third country being
of a third country, with the third country being
able to decide on appropriate action in respect
able to decide on appropriate action in respect
of the other share of emissions. The extension
of the other share of emissions. The extension
of the EU ETS to the maritime transport sector
of the EU ETS to the maritime transport sector
should thus include half of the emissions from
should thus include half of the emissions from
ships performing voyages arriving at a port
ships performing voyages arriving at a port
under the jurisdiction of a Member State from
under the jurisdiction of a Member State from
a port outside the jurisdiction of a Member
a port outside the jurisdiction of a Member
State, half of the emissions from ships
State, half of the emissions from ships
performing voyages departing from a port
performing voyages departing from a port
under the jurisdiction of a Member State and
under the jurisdiction of a Member State and
arriving at a port outside the jurisdiction of a
arriving at a port outside the jurisdiction of a
Member State, emissions from ships
Member State, emissions from ships
performing voyages arriving at a port under the
performing voyages arriving at a port under the
jurisdiction of a Member State from a port
jurisdiction of a Member State from a port
under the jurisdiction of a Member State, and
under the jurisdiction of a Member State, and
emissions at berth in a port under the
emissions at berth in a port under the
jurisdiction of a Member State. This approach
jurisdiction of a Member State. This approach
has been noted as a practical way to solve the
has been noted as a practical way to solve the
issue of Common but Differentiated
issue of Common but Differentiated
Responsibilities and Capabilities, which has
Responsibilities and Capabilities, which has
been a longstanding challenge in the UNFCCC
been a longstanding challenge in the UNFCCC
context. The coverage of a share of the
context.
In addition, ships operating routes
emissions from both incoming and outgoing
included in the Motorways of the
Seas or
voyages between the Union and third countries
granting territorial continuity as a public
ensures the effectiveness of the EU ETS,
service to islands should not be considered in
notably by increasing the environmental
the scope of the EU ETS, in order to avoid the
impact of the measure compared to a
concrete risk of a modal backshift to more
geographical scope limited to voyages within
pollutant sectors in the former case, as well as
the EU, while limiting the risk of evasive port
the risk of endangering territorial continuity
calls and the risk of delocalisation of
in the latter one. The coverage of a share of
transhipment activities outside the Union. To
the emissions from both incoming and
26
ensure a smooth inclusion of the sector in the
outgoing voyages between the Union and third
EU ETS, the surrendering of allowances by
countries ensures the effectiveness of the EU
shipping companies should be gradually
ETS, notably by increasing the environmental
increased with respect to verified emissions
impact of the measure compared to a
reported for the period 2023 to 2025.
To
geographical scope limited to voyages within
protect the environmental integrity of the
the EU, while limiting the risk of evasive port
system, to the extent that fewer allowances are
calls and the risk of delocalisation of
surrendered in respect of verified emissions
transhipment activities outside the Union.
for maritime transport during those years,
Furthermore, in order to prevent carbon
once the difference between verified
leakage due to possible reallocation of
emissions and allowances surrendered has
transhipment operation from EU port to
been established each year, a corresponding a
transhipment port on non-EU neighbouring
number of allowances should be cancelled.
countries, the extension of the EU ETS to the
As from 2026, shipping companies should
maritime transport sector should thus include
surrender the number of allowances
emissions from ships performing voyages
corresponding to all of their verified emissions
arriving at a port under the jurisdiction of a
reported in the preceding year.
Member State from a non-EU neighbouring
transhipment port and emissions from ships
performing voyages departing from a port
under the jurisdiction of a Member State and
arriving at non-EU neighbouring
transhipment port. To ensure a smooth
inclusion of the sector in the EU ETS, the
surrendering of allowances by shipping
companies should be gradually increased with
respect to verified emissions reported for the
period
starting from the first until the third
year subsequent to 18 months after the entry
into force of this Directive. As from
the fourth
year subsequent to 18 months after the entry
into force of this Directive, shipping
companies should surrender the number of
allowances corresponding to all of their
verified emissions reported in the preceding
year.
However, measures should be taken to
ensure that the extension of the EU ETS to
maritime transport affects Member States in a
fair and not disproportionate manner, taking
into account their specific circumstances,
such as those related to their geographical
location, climate and weather conditions.
__________________
__________________
49 Paris Agreement, Article 4(4).
49 Paris Agreement, Article 4(4).
Proposal for a directive
Recital 23 a (new)
Text proposed by the Commission
Amendment
(23 a) Special consideration should be given
to ships operating under a public service
contract or subject to public service
obligations, and ships operating to and/or
from the outermost regions or island of the
EU in order to promote accessibility.
Therefore, a derogation from this Directive
27
should be provided for emissions from
maritime voyages to and from the outermost
regions or to and from island due to their
dependency on maritime transport for
territorial continuity, for import of raw
materials, essential goods and other products,
as well as for some exports.
Proposal for a directive
Recital 67
Text proposed by the Commission
Amendment
(67)
It is necessary to amend Regulation
(67)
It is necessary to amend Regulation
(EU) 2015/757 to take into account the
(EU) 2015/757 to take into account the
inclusion of the maritime transport sector in the
inclusion of the maritime transport sector in the
EU ETS. Regulation (EU) 2015/757 should be
EU ETS. Regulation (EU) 2015/757 should be
amended to oblige companies to report
amended to oblige companies to report
aggregated emissions data at company level
aggregated emissions data at company level
and to submit for approval their verified
and to submit for approval their verified
monitoring plans and aggregated emissions
monitoring plans and aggregated emissions
data at company level to the responsible
data at company level to the responsible
administering authority. In addition, the
administering authority
, including information
Commission should be empowered to adopt
on port calls in neighbouring non-EU ports.
delegated acts to amend the methods for
In addition, the Commission should be
monitoring CO2 emissions and the rules on
empowered to adopt delegated acts to amend
monitoring, as well as any other relevant
the methods for monitoring CO2 emissions and
information set out in Regulation (EU)
the rules on monitoring, as well as any other
2015/757, to ensure the effective functioning
relevant information set out in Regulation (EU)
of the EU ETS at administrative level and to
2015/757, to ensure the effective functioning
supplement Regulation (EU) 2015/757 with the
of the EU ETS at administrative level and to
rules for the approval of monitoring plans and
supplement Regulation (EU) 2015/757 with the
changes thereof by administering authorities,
rules for the approval of monitoring plans and
with the rules for the monitoring, reporting and
changes thereof by administering authorities,
submission of the aggregated emissions data at
with the rules for the monitoring, reporting and
company level and with the rules for the
submission of the aggregated emissions data at
verification of the aggregated emissions data at
company level and with the rules for the
company level and for the issuance of a
verification of the aggregated emissions data at
verification report in respect of the aggregated
company level and for the issuance of a
emissions data at company level. The data
verification report in respect of the aggregated
monitored, reported and verified under
emissions data at company level. The data
Regulation (EU) 2015/757 might also be used
monitored, reported and verified under
for the purpose of compliance with other
Regulation (EU) 2015/757 might also be used
Union law requiring the monitoring, reporting
for the purpose of compliance with other
and verification of the same ship information.
Union law requiring the monitoring, reporting
and verification of the same ship information.
28
COMPROMISE AMENDMENT 4B
Supported by: EPP, Renew, ID, ECR
Replacing AMs: 32, 336, 337, 338
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
In [the year
referred into point a, paragraph 1
amendment], the Union-wide quantity of
Article 3ga following entry into force of this
allowances shall be decreased by
[-- million
amendment], the Union-wide quantity of
allowances (to be determined depending on
allowances shall be increased by
[number
year of entry into force)]. In the same year,
corresponding to scope of application to
the Union-wide quantity of allowances shall be
maritime transport activities as set out in
increased by
79 million allowances for
Article 3g of Directive 2003/87/EC]
maritime transport. Starting in [the year
allowances for maritime transport. Starting in
following entry into force of this amendment],
[the year following entry into force of this
the linear factor shall be 4,2 %. The
amendment], the linear factor shall be 4,2
%.
Commission shall publish the Union-wide
The Commission shall publish the Union-wide
quantity of allowances within 3 months of
quantity of allowances within 3 months of
[date of entry into force of the amendment to
[date of entry into force of the amendment to
be inserted].;
be inserted];
29
COMPROMISE AMENDMENT 5
BONUS SYSTEM
- Art 3ga
alternative fuels and transitional fuels to speed up decarbonisation
- Art 3gb
maritime transport LNG in relation to security of energy supply
Supported by: EPP, Renew, ID, ECR
Replacing AMs: 282, 283, 298, 305, 307, 472, 51, 70, 71, 74, 75, 110
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga new
Text proposed by the Commission
Amendment
Article 3ga new
1. A shipping company shall receive
allowances allocated for free
(a) proportional with the use of biofuels,
biogas, renewable fuels of non-biological
origin and recycled carbon fuel, verified by a
scheme that is recognised by the Commission
in accordance with Article 30(5) and (6) of
the Directive (EU) 2018/2001,
(b) until 31 December 2030, for vessels
powered by LNG [and alternative fossil fuels
for a transitional phase as defined in Article 2
of [Regulation ReFuelMaritime]], with
respect to 50% of the allowances the shipping
company is liable to surrender for those ships.
1a. until 31 December 2030, a shipping
company shall be entitled to use international
credits to comply with its obligations as laid
down in Article 12 up to a maximum of 6 %
of its verified emissions of any calendar year
when officially proving these credits are
obtained participating in decarbonisation
projects within the EU regions where they
operate their ships
2. For each type of fuels referred in
paragraph 1(a), the amount of allowances
received shall correspond to the amount of
allowances, which the shipping company
would have been required to surrender for the
same volume of conventional fuel, based on
the multipliers set by the Commission
according to Paragraph 3 of this Article.
3. The Commission shall publish the costs
difference between different types of maritime
30
fuels on a yearly basis. The Commission is
empowered to adopt delegated acts in
accordance with Article 23 to supplement this
Directive concerning the amount of
allowances per year to be allocated for free
according to this Article, the multiplier per
type of renewable and low-carbon fuels as
defined in the Regulation xxx/xxx [ReFuel
Maritime] and the detailed arrangements for
the allocation.
4. A shipping company shall not receive
allowances allocated for free for the use of
biofuels and biogas that do not comply with
the sustainability and greenhouse gas saving
criteria set out in Article 29 of Directive (EU)
2018/2001.
5. By 1 January 2030,the multipliers referred
to in paragraph 3(a) and 3(b) shall be
reviewed to reflect market and technological
developments.
6. By 1 January 2029, the Commission shall
assess whether to postpone the phase out of
free allowances referred to in paragraph 1(b)
and of the use of international credits
referred to in paragraph 1a beyond 31
December 2030, based on a comprehensive
analysis taking into account the Best
Available Technology (BAT) approach.
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gb new
Present text
Amendment
Until 31 December 2030, the allocation of
100% of the allowances to vessels employed
for LNG imports shall be free of charge . By
1 January 2029, the Commission shall assess
whether to postpone the phase-out of free
allowances for vessels employed for LNG
imports beyond 2030. Such assessment
should be based on a BAT approach and on
an evaluation of security of supply and
affordability of gas procurement.
Proposal for a directive
Article 1 – paragraph 1 – point 11
31
Directive 2003/87/EC
Article 10 - paragraph 1
Present text
Amendment
1. From 2019 onwards, Member States shall auction
1. From 2019 onwards, Member States shall
all allowances that are not allocated free of charge in
auction all allowances that are not allocated
accordance with Articles 10a and 10c of this Directive
free of charge in accordance with Articles 10a
,
and that are not placed in the market stability reserve
3ga, 3gb, and 10c of this Directive and that are
established by Decision (EU) 2015/1814 of the
not placed in the market stability reserve
European Parliament and of the Council1 (the ‘market
established by Decision (EU) 2015/1814 of
stability reserve’) or cancelled in accordance with
the European Parliament and of the Council2
Article 12(4) of this Directive.
(the ‘market stability reserve’) or cancelled in
accordance with Article 12(4) of this
Directive.
Proposal for a directive
Annex I – paragraph 1 – point a
Directive 2003/87/EC
Annex I – point 1
Text proposed by the Commission
Amendment
1.
Installations or parts of installations
1.
Installations or parts of installations
used for research, development and testing of
used for research, development and testing of
new products and processes,
and installations
new products and processes, are not covered by
where emissions from the combustion of
this Directive.
biomass that complies with the criteria set out
pursuant to Article 14 contribute to more than
95 % of the total greenhouse gas emissions
are not covered by this Directive.
Proposal for a directive
Recital 17 a (new)
Text proposed by the Commission
Amendment
(17 a) The EU ETS should contribute to
effectively decarbonising maritime transport
activities as much as possible. The transition
from fossil fuels to renewable and low-carbon
fuels will play a considerable role in that
1 Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment
and operation of a market stability reserve for the Union greenhouse gas emission trading system and amending Directive
2003/87/EC (OJ L 264, 9.10.2015, p. 1).
2 Decision (EU) 2015/1814 of the European Parliament and of the Council of 6 October 2015 concerning the establishment
and operation of a market stability reserve for the Union greenhouse gas emission trading system and amending Directive
2003/87/EC (OJ L 264, 9.10.2015, p. 1).
32
process. However, taking into account the
challenges for abating emissions in the
maritime sector due to the current lack of
viable low-emission power train technologies
as recognized in the Commission’s
Sustainable and Smart Mobility Strategy and
considering the high level of competition
between shipping companies and the
important price differential between
conventional fuels and renewable and low-
carbon fuels, this transition should be
supported through economic incentives that
reflect the environmental benefit of
alternative fuels and make them more
competitive for shipping companies thereby
avoiding carbon leakage. For this purpose,
free allowances should be allocated to
shipping companies, in proportion to the
amount of alternative fuels used and reported.
The amount of allowances allocated for free
should be adjusted with multipliers in order to
take into account that some types of
alternative fuels deliver higher environmental
benefits and are more costly to purchase for
shipping companies. The Commission should
regularly review the level of the multipliers
based on fuels market price information.
In addition, the European Parliament's
Resolution on "Maritime efficient and
cleaner maritime transport" of April 2021,
recognised the importance of transitional
technologies, such as LNG and LNG
infrastructure, in the maritime sector. The use
of such technologies should therefore be
supported during an initial transitional phase
through a partial allocation of free
allowances.
Proposal for a directive
Recital 17 b (new)
Text proposed by the Commission
Amendment
(17 b) Where necessary, the Commission
should review Regulation 2015/757, to ensure
that the information on the use of all types of
alternative fuels, is available for the purpose
of determining the amount of free allowances
under the EU ETS.
Proposal for a directive
Recital 42
33
Text proposed by the Commission
Amendment
(42)
The exclusion of installations using
(42)
The
further exclusion of installations
exclusively biomass from the EU ETS
has led
using exclusively biomass from the EU ETS
to situations where installations combusting a
will lead to a lack of certainty over updating
high share of biomass have obtained windfall
the benchmark values for free allocation and
profits by receiving free allowances greatly
disincentive a full transition to a zero-carbon
exceeding actual emissions. Therefore, a
energy source. A 100% threshold value for
threshold value for zero-rated biomass
zero-rated biomass combustion should be
combustion should be
introduced above which
maintained for installations
to be excluded
installations
are excluded from the EU ETS.
from the EU ETS.
The threshold value of 95 % is in line with the
uncertainty parameter set out in Article 2(16)
of Commission Delegated Regulation (EU)
2019/33156 .
34
COMPROMISE AMENDMENT 5A
BONUS SYSTEM AVIATION
Supported by: EPP, Renew, ID, ECR
Replacing AMs: 377, 378, 379, 223, 224, 225, 226, 227
The text of Article 3e and Article 23 of Directive 2003/87/EC as adopted in the TRAN opinion on ETS aviation
35
COMPROMISE AMENDMENT 6
IMO PROGRESS
Supported by: EPP, Renew, ID, ECR, The Left
Replacing AMs: 22, 23, 279, 280, 281, 315, 318, 319, 320, 321, 322, 2, 78, 79, 80, 235, 323
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1 a (new)
Text proposed by the Commission
Amendment
The European Commission shall pursue with
the establishment of global market-based
measure in partnership with the International
Maritime Organization (IMO) in order to
-
cover 100% of the CO2 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 Members State and the
emissions from ships at berth in a port
under the jurisdiction of a Member State,
and
-
extend the scope of the EU ETS for
maritime transport to one hundred
percent (100%) for 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
emissions from ships performing voyages
from a port outside the jurisdiction of a
Member State and arriving at a port
under the jurisdiction of a Member State.
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
1.
The Commission shall consider
possible amendments in relation to the
possible amendments in relation to the
36
adoption by the International Maritime
adoption by the International Maritime
Organization of a global market-based measure
Organization of a global market-based measure
to reduce greenhouse gas emissions from
to reduce greenhouse gas emissions from
maritime transport. In the event of the adoption
maritime transport
in order to ensure and
of such a measure, and in any event before the
catalyse a global approach. In the event of the
2028 global stocktake and no later than 30
adoption of such a measure, and in any event
September 2028, the Commission shall present
before the 2028 global stocktake and no later
a report to the European Parliament and to the
than 30 September 2028, the Commission,
Council in which it shall examine any such
consulting, where appropriate, with Scientific
measure. Where appropriate, the Commission
Advisory Board on Climate Change, shall
may follow to the report with a legislative
present a report to the European Parliament
proposal to the European Parliament and to the
and to the Council in which it shall examine
Council to amend this Directive as appropriate.
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
in order to align EU legislation
with measures taken at global level.
Proposal for a directive
Recital 18
Text proposed by the Commission
Amendment
(18)
The provisions of Directive
(18)
The provisions of Directive
2003/87/EC as regards maritime transport
2003/87/EC as regards maritime transport
activities should be kept under review in light
activities should be kept under review in light
of future international developments and
of future international developments and
efforts undertaken to achieve the objectives of
efforts undertaken to achieve the objectives of
the Paris Agreement, including the second
the Paris Agreement, including the second
global stocktake in 2028, and subsequent
global stocktake in 2028, and subsequent
global stocktakes every five years thereafter,
global stocktakes every five years thereafter,
intended to inform successive nationally
intended to inform successive nationally
determined contributions. In particular, the
determined contributions. In particular, the
Commission should report
any time before the
Commission should report
every second year
second global stocktake in 2028 - and
following the entry into force of this Directive
therefore no later than by 30 September 2028
and in particular any time before the second
- to the European Parliament and to the
global stocktake in 2028 - and therefore no
Council on progress in the IMO negotiations
later than by 30 September 2028 to the
concerning a global market-based measure. In
European Parliament and to the Council on
its report, the Commission should analyse the
progress in the IMO negotiations concerning a
International Maritime Organization
global market-based measure. In its report, the
instruments and, assess, as relevant, how to
Commission should analyse the International
implement those instruments in Union law
Maritime Organization instruments and, assess,
through a revision of Directive 2003/87/EC. In
as relevant, how to implement those
its report, the Commission should include
instruments in Union law through a revision of
proposals as appropriate.
Directive 2003/87/EC. In its report, the
Commission should include proposals as
appropriate.
Furthermore, the Commission
should advocate rigorously on the
international level for establishing global
market-based measure in partnership with the
International Maritime Organization (IMO)
in order to extend the scope of the EU ETS
for maritime transport, when appropriate.
37
38
COMPROMISE AMENDMENT 7A
DEDICATED MARITIME FUND
Supported by: EPP, Renew, ID, ECR
Replacing AMs:
CA7A: Art 3gd 30, 309, 310, 311, 312, 313cp, 314, 358,
Art 10(3)intro 341, 342, 343,
Art 10(3)(2) 350,
Art 10(4)
351, 352,
Rec 17c
77,
Rec 28
95
Rec 14b (new) 55
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd new
Text proposed by the Commission
Amendment
Article 3gd new
`
1. A dedicated Maritime Transition Fund
(“the Maritime Fund”) shall be proposed by
the Commission through a legislative act in
order to support and accelerate projects,
investments, innovations and first industrial
application facilitating decarbonisation in the
EU maritime sector, including short sea
shipping and ports;
2. The Maritime Fund shall constitute an
integral part of the EU budget and shall be
fully budgeted within the MFF ceilings. The
budgetary envelope for this programme shall
be expressed as an amount set at a level
equivalent to 75% of the revenue expected
from the auctioning of maritime allowances;
The Fund shall operate in shared
management with the Member States under
Regulation (EU) 2021/1060 of the European
Parliament and of the Council;
3. The dedicated Maritime Fund shall support
the transition to energy efficient and climate
resilient EU maritime sector supporting
development of innovative technologies for
decarbonising the sector, production of
sustainable alternative fuels as defined in
Regulation on the use of sustainable,
renewable, low-carbon and zero emission
fuels in maritime transport XXX/XXX,
including systems for collection of raw
materials for alternative fuels, investments in
39
research and development and first industrial
application of technologies and designs
reducing GHG emissions, including in the
fleet, as well as the promotion of fleet renewal
across the EU ship building industry,
research for new engines and technologies
and ports infrastructure;
4. The revenues under the 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.
5. The allocation of the MTF resources for
each Member State shall take into
consideration the impact of the proposal for a
directive of the European Parliament and of
the Council amending Directive 2003/87/EC
on the sector as well innovative potential of
the project, and investment in question to
achieve the targets as set out in this proposal
for a directive.
6. The resources of the Maritime Transition
Fund shall not be generated through
reallocation of resources from any other EU
policies, funds or programmes.
7. All investment supported by the Fund shall
be made public and shall be consistent with
the aims of this Directive.
8. The Maritime Fund should lead by
example and the Commission with Member
States need to keep an open dialogue with the
IMO to push for a fund on global scale to
tackle the decarbonisation of the global
maritime sector.
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – introductory part
Text proposed by the Commission
Amendment
3.
Member States shall determine the use
3.
Member States shall determine the use
of revenues generated from the auctioning of
of revenues generated from the auctioning of
allowances, except for the revenues established
allowances, except for the revenues established
as own resources in accordance with Article
as own resources in accordance with
311(3) TFEU and entered in the Union budget.
Article311(3) TFEU and entered in the Union
Member States shall use their revenues
budget
and the revenues transferred to the
generated from the auctioning of allowances
Maritime Transition Fund in accordance with
referred to in paragraph 2, with the exception
Article 3gd. Member States
, shall use their
of the revenues used for the compensation of
revenues generated from the auctioning of
40
indirect carbon costs referred to in Article
allowances referred to in paragraph 2, with the
10a(6), for one or more of the following:
;
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:
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point d
Directive 2003/87/EC
Article 10 – paragraph 4
Text proposed by the Commission
Amendment
4.
The Commission is empowered to
4.
The Commission is empowered to
adopt delegated acts in accordance with Article
adopt delegated acts in accordance with Article
23 to supplement this Directive concerning the
23 to supplement this Directive concerning the
timing, administration and other aspects of
timing, administration and other aspects of
auctioning, including the modalities for the
auctioning, including the modalities for the
transfer of a share of revenues to the Union
transfer of a share of revenues to the Union
budget, in order to ensure that it is conducted
budget
and Maritime Fund in order to ensure
in an open, transparent, harmonised and non-
that it is conducted in an open, transparent,
discriminatory manner.
harmonised and non-discriminatory manner.
Proposal for a directive
Recital 17 c (new)
Text proposed by the Commission
Amendment
(17 c)
A Maritime Transition Fund should
be established to provide funds to the Member
States to support their policies supporting the
decarbonisation of the maritime transport
sector . This should be achieved notably
through development of innovative
technologies for decarbonising the sector,
production of sustainable alternative fuels as
defined in Regulation on the use of renewable
and low-carbon fuels in maritime transport
XXX/XXX, including systems for collection of
raw materials for alternative fuels,
investments in research and development and
first industrial application of technologies
and designs reducing GHG emissions,
research for new engines and technologies,
and ports infrastructure. The Commission
should submit legislative proposals for the
creation of a Maritime Fund. The Maritime
Fund should be a fully budgeted expenditure
programme within the MFF. The budgetary
41
envelope for this programme should be
expressed as an amount set at a level
equivalent to 75% of the revenue expected
from the auctioning of maritime allowances.
The Maritime Fund should operate in shared
management with the Member States under
Regulation (EU) 2021/1060 of the European
Parliament and of the Council.
42
COMPROMISE AMENDMENT 7B
USE OF AUCTIONING REVENUES
Supported by: EPP, Renew, ID, ECR
Replacing AMs:
CA7B: Art 10(3)(aa)
33,
Art 10(3)(f, fa) 344, 345, 346
Art 10(3)(h)
34, 348
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – point a a (new)
Text proposed by the Commission
Amendment
aa.
to facilitate the green transition
through reinvesting the proceeds of the
auctioning in the sector where the revenues
come from to induce innovation and
technological development, assist with the
first industrial application, develop further
support mechanisms and create necessary
infrastructure;
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Directive 2003/87/EC
Article 10 – paragraph 3 – point f and fa
Present text
Amendment
(b a) in paragraph 3, point f is amended as
follows:
(f)
to encourage a shift to low-emission
"(f) to encourage a shift to low-emission and
and public forms of transport;
public forms of transport,
in particular the
development of passenger and freight rail
transport, multimodal air-rail projects on the
TEN-T network, rail connections with the
view to reducing flights on short distances,
where possible, multimodal ports."
43
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c
Directive 2003/87/EC
Article 10 – paragraph 3– point (h)
Text proposed by the Commission
Amendment
(h)
measures intended to improve energy
(h)
measures intended to improve energy
efficiency, district heating systems and
efficiency, district heating systems and
insulation, or to provide financial support in
insulation, or to provide financial support in
order to address social aspects in lower- and
order to address social aspects in lower- and
middle-income households, including by
middle-income households,
as well as SMEs
reducing distortive taxes;;
and microenterprises, including by reducing
distortive taxes;;
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point c a (new)
Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2
Member States shall be deemed to have
unchanged
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).
44
COMPROMISE AMENDMENT 7C
Innovation Fund
Supported by: EPP, Renew, ID, ECR
Replacing AMs:
CA7C: Art 10a(8)(1)
364,
Art 10a(8)(3)
35, 359, 360, 361, 362, 363, 365,
Art 10a(8)(3a) 36,
Art 10a(8)(4)
366,
Art 10a(8)(4a) 37,
Art 10a(8)(5)
367,
Art 10a(8)(6a) 368
Rec 33
3, 99 - 105, 106
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
8.
365 million allowances from the
8.
365 million allowances from the
quantity which could otherwise be allocated for
quantity which could otherwise be allocated for
free pursuant to this Article, and 85 million
free pursuant to this Article, and 85 million
allowances from the quantity which could
allowances from the quantity which could
otherwise be auctioned pursuant to Article 10,
otherwise be auctioned pursuant to Article 10,
as well as the allowances resulting from the
as well as the allowances resulting from the
reduction of free allocation referred to in
reduction of free allocation referred to in
Article 10a(1a), shall be made available to a
Article 10a(1a), shall be made available to a
Fund with the objective of supporting
Fund with the objective of supporting
innovation in low-carbon technologies and
innovation in low-carbon technologies and
processes, and contribute to zero pollution
processes
enabling the deployment of
objectives (the ‘Innovation Fund’). Allowances
alternative fuels infrastructure, and contribute
that are not issued to aircraft operators due to
to zero pollution objectives (the ‘Innovation
the closure of aircraft operators and which are
Fund’). Allowances that are not issued to
not necessary to cover any shortfall in
aircraft operators due to the closure of aircraft
surrenders by those operators, shall also be
operators and which are not necessary to cover
used for innovation support as referred to in the
any shortfall in surrenders by those operators,
first subparagraph.
shall also be used for innovation support as
referred to in the first subparagraph.
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
45
Text proposed by the Commission
Amendment
The Innovation Fund shall cover the sectors
The Innovation Fund shall cover the sectors
listed in Annex I
and Annex III, including
listed in Annex I, including environmentally
environmentally safe carbon capture and
safe carbon capture and utilisation (“CCU”)
utilisation (“CCU”) that contributes
that contributes substantially to mitigating
substantially to mitigating climate change, as
climate change, as well as products
and
well as products substituting carbon intensive
processes substituting carbon intensive ones
ones produced in sectors listed in Annex I, and
produced in sectors listed in Annex I, and to
to help stimulate the construction and operation
help stimulate the construction and operation
of projects aimed at the environmentally safe
of projects aimed at the environmentally safe
capture and geological storage (“CCS”) of
capture and geological storage (“CCS”) of
CO2, as well as of innovative renewable energy
CO2, as well as of innovative
sustainable
and energy storage technologies; in
renewable,
low to zero-emission energy and
geographically balanced locations. The
energy storage technologies; in geographically
Innovation Fund
may also support break-
balanced locations. The Innovation Fund
shall
through innovative technologies
and
also support break-through innovative
infrastructure to decarbonise the maritime
technologies
and infrastructure, including for
sector and for the production of low- and zero-
refuelling and recharging infrastructure
in
carbon fuels in aviation
, rail and road
ports, connection to electricity grid and other
transport. Special attention shall be given to
energy infrastructure, and first industrial
projects in sectors covered by the [CBAM
application to decarbonise the maritime sector
regulation] to support innovation in low carbon
and for the production of low- and zero-carbon
technologies, CCU, CCS, renewable energy
fuels in aviation and road transport
; further
and energy storage, in a way that contributes to
development of the railway system and local
mitigating climate change.
public transport addressing both the physical
and digital infrastructure and fleets,
promoting a modal shift. 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.
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
In addition, the Innovation Fund shall
support actions to promote the transition to
an energy efficient and climate resilient EU
maritime sector supporting the deployment of
sustainable alternative and low carbon fuels,
development of innovative and zero-emission
technologies and infrastructure for
decarbonising the sector.
46
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,
unchanged
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.
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 4 a (new)
Text proposed by the Commission
Amendment
The Innovation Fund shall aim at a
geographical balanced support of the sectors
covered, taking into account specific sectoral
circumstances and investment needs.
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
unchanged
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.
47
Proposal for a directive
Recital 33
Text proposed by the Commission
Amendment
(33)
The scope of the Innovation Fund
(33)
The scope of the Innovation Fund
referred to in Article 10a(8) of Directive
referred to in Article 10a(8) of Directive
2003/87/EC should be extended to support
2003/87/EC should be extended to support
the
innovation in low-carbon technologies and
installation of non-breakthrough technologies
processes that concern the consumption of
in industrial processes that have an enormous
fuels in the
sectors of buildings and
road
GHG-saving potential but are not market-
transport. In addition, the Innovation Fund
ready as well as innovation in low-carbon
should serve to support investments to
technologies and processes that concern the
decarbonise the maritime transport sector,
consumption of fuels in the
sector of buildings.
including investments in sustainable alternative
In addition, the Innovation Fund should serve
fuels, such as hydrogen and ammonia that are
to support investments to
accelerate the
produced from renewables, as well as zero-
decarbonisation of the maritime transport
emission propulsion technologies like wind
sector
through both investment into short-
technologies. Considering that revenues
term solutions such as LNG propulsion and
generated from penalties raised in Regulation
refuelling infrastructure and in particular
xxxx/xxxx [FuelEU Maritime]52 are allocated
development of mid-term breakthrough
to the Innovation Fund as external assigned
solutions, support for the deployment of
revenue in accordance with Article 21(5) of the
innovative technologies, including investments
Financial Regulation, the Commission should
in sustainable alternative fuels
and related
ensure that due consideration is given to
infrastructure, such as hydrogen and ammonia
support
for innovative projects aimed at
that are produced from
sustainable renewables
,
accelerating the development and deployment
first industrial application, refuelling and
of renewable and low carbon fuels in the
recharging infrastructure in ports, including
maritime sector, as specified in Article 21(1) of
shore side electricity supply grid connection
Regulation xxxx/xxxx [FuelEU Maritime]. To
and other energy infrastructures, as well as
ensure sufficient funding is available for
zero-emission propulsion technologies like
innovation within this extended scope, the
wind technologies. Considering that revenues
Innovation Fund should be supplemented with
generated from penalties raised in Regulation
50 million allowances, stemming partly from
xxxx/xxxx [FuelEU Maritime]52 are allocated
the allowances that could otherwise be
to the Innovation Fund as external assigned
auctioned, and partly from the allowances that
revenue in accordance with Article 21(5) of the
could otherwise be allocated for free, in
Financial Regulation, the Commission should
accordance with the current proportion of
ensure that due consideration is given to
funding provided from each source to the
support innovative projects aimed at
Innovation Fund.
accelerating the development and deployment
of
sustainable renewable, low carbon fuels
and zero-emission fuels as well as
electrification in the maritime sector, as
specified in Article 21(1) of Regulation
xxxx/xxxx [FuelEU Maritime]. To ensure
sufficient funding is available for innovation
within this extended scope, the Innovation
Fund should be supplemented with 50 million
allowances, stemming partly from the
allowances that could otherwise be auctioned,
and partly from the allowances that could
otherwise be allocated for free, in accordance
48
with the current proportion of funding provided
from each source to the Innovation Fund.
To
foster innovation in breakthrough
technologies as soon as possible, the
Commission should ensure that the financing
made available through the Innovation Fund
is ‘frontloaded’ during the first years of
implementation of the present Directive, while
taking into account the principle of
geographical balance.
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
Projects funded by the Innovation Fund are
to share knowledge, where possible, with EU-
based projects and researchers having a
legitimate interest. The terms of knowledge-
sharing shall be defined by the Commission
in calls for proposals.
49
COMPROMISE AMENDMENT 7D
Modernisation Fund
Supported by: EPP, Renew, ID, ECR
Replacing AMs:
CA7D: Art 10d(1)(2)
38, 369, 370, 371,
Art 10d(1)(2)(a-c)
372, 373, 374,
Art 10d(1)(2)(fa)
39,
Rec 38
107, 108
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
The investments supported shall be consistent
with the aims of this Directive, as well as the
with the aims of this Directive, as well as the
objectives of the Communication from the
objectives of the Communication from the
Commission of 11 December 2019 on The
Commission of 11 December 2019 on The
European Green Deal (*) and Regulation (EU)
European Green Deal (*) and Regulation (EU)
2021/1119 of the European Parliament and of
2021/1119 of the European Parliament and of
the Council (**) and the long-term objectives
the Council (**) and the long-term objectives
as expressed in the Paris Agreement.
No
as expressed in the Paris Agreement. The
support from the Modernisation Fund shall
be
Modernisation Fund shall
provide support to
provided to energy generation facilities that
transitional fuels
and technologies,
use fossil fuels.”;
sustainable renewable fuels and technologies
and zero-emission fuels and technologies”;
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 2003/87/EC
Article 10d – paragraph 2 – point a
Text proposed by the Commission
Amendment
(a)
the generation and use of electricity
(a)
the generation and use of electricity
from renewable sources;
from renewable sources,
from low-carbon
fuels and from zero-emission fuels replacing
a more carbon-intensive system;
(b)
heating and cooling from renewable
(b)
heating and cooling from renewable
sources;
sources,
from low-carbon fuels and from zero-
emission fuels replacing amore carbon-
intensive system;
50
(c)
the improvement of demand side
= COM
energy efficiency, including in transport,
buildings, agriculture and waste;
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
(fa)
investments in the deployment of
alternative fuels infrastructure
Proposal for a directive
Recital 38
Text proposed by the Commission
Amendment
(38)
The scope of the Modernisation Fund
(38)
The scope of the Modernisation Fund
should be aligned with the most recent climate
should be aligned with the most recent climate
objectives of the Union by requiring that
objectives of the Union by requiring that
investments are consistent with the objectives
investments are consistent with the objectives
of the European Green Deal and Regulation
of the European Green Deal and Regulation
(EU) 2021/1119, and
eliminating the support
(EU) 2021/1119, and
continuing the support to
to any investments related to
fossil fuels. In
any investments related to
sustainable
addition, the percentage of the Modernisation
transitional fuels
and technologies. In
Fund that needs to be devoted to priority
addition, the percentage of the Modernisation
investments should be increased to 80 %;
Fund that needs to be devoted to priority
energy efficiency should be targeted as a
investments should be increased to 80 %;
priority area at the demand side; and support of
energy efficiency should be targeted as a
households to address energy poverty,
priority area at the demand side; and support of
including in rural and remote areas, should be
households to address energy poverty,
included within the scope of the priority
including in rural and remote areas, should be
investments.
included within the scope of the priority
investments.
51
COMPROMISE AMENDEMENT 7E
Setting aside of allowances for the Modernisation Fund and the Innovation Fund
Supported by: EPP, Renew, ID, ECR
Replacing AMs:
CA7E: Art 10(3)(1)
339,
Art 10(3)(4)
340,
MSR Art 1(5a) 450, 451
Rec 28
93, 94
Rec 63
222
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 4
Text proposed by the Commission
Amendment
In addition,
2,5 % of the total quantity of
In addition,
4 % of the total quantity of
allowances between [year following the entry
allowances between [year following the entry
into force of the Directive] and 2030 shall be
into force of the Directive] and 2030
and
auctioned for the Modernisation Fund. The
equivalent of 1.5% of the total quantity of
beneficiary Member States for this amount of
allowances from the amount above
allowances shall be the Member States with a
400million allowances set aside in Market
GDP per capita at market prices below 65 % of
Stability Reserve for the purpose of
the Union average during the period 2016 to
Modernisation Fund shall be auctioned for the
2018. The funds corresponding to this quantity
Modernisation Fund. The beneficiary Member
of allowances shall be distributed in
States for this amount of allowances shall be
accordance with Part B of Annex IIb.
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, the equivalent of 1,5% of the total
quantity of allowances between [year
following the entry into force of the Directive]
and 2030 from the amount above 400 million
allowances set aside in Market Stability
Reserve for the purpose of Innovation Fund
shall be made available for the Innovation
Fund established under Article 10a(8).
Any further increase of the Modernisation
Fund and the Innovation Fund shall not be
generated through reallocation of resources
from any other EU policies, funds or
programmes;
52
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraph 5a
Text proposed by the Commission
Amendment
5a.
Unless otherwise decided in the first
5a.
Unless otherwise decided in the first
review carried out in accordance with Article
review carried out in accordance with Article
3, from 2023 allowances held in the reserve
3, from 2023 allowances held in the reserve
above 400 million allowances shall
no longer
above 400 million allowances shall
be set aside
be valid.;
for the purpose of increasing the
Modernisation Fund, the Innovation Fund
and prevention of triggering of the cross-
sectoral correction factor.
Proposal for a directive
Recital 28
Text proposed by the Commission
Amendment
(28)
Achieving the increased climate
(28)
Achieving the increased climate
ambition will require substantial public
ambition will require substantial public
resources in the EU as well as national budgets
resources in the EU as well as national budgets
to be dedicated to the climate transition. To
to be dedicated to the climate transition. To
complement and reinforce the substantial
complement and reinforce the substantial
climate-related spending in the EU budget, all
climate-related spending in the EU budget, all
auction revenues that are not attributed to the
auction revenues that are not attributed to the
Union budget should be used for climate-
Union budget should be used for climate-
related purposes. This includes the use for
related purposes. This includes the use for
financial support to address social aspects in
financial support to address social aspects in
lower- and middle-income households by
lower- and middle-income households by
reducing distortive taxes. Further, to address
reducing distortive taxes. Further, to address
distributional and social effects of the
distributional and social effects of the
transition in low-income Member States, an
transition in low-income Member States, an
additional amount of 2,5 % of the Union-wide
additional amount of 2,5 % of the Union-wide
quantity of allowances from [year of entry into
quantity of allowances from [year of entry into
force of the Directive] to 2030 should be used
force of the Directive] to 2030
as well as
to fund the energy transition of the Member
equivalent of 1.5% of the total quantity of
States with a gross domestic product (GDP)
allowances from the amount above 400
per capita below 65 % of the Union average in
million allowances set aside in Market
2016-2018, through the Modernisation Fund
Stability Reserve for the purpose of
referred to in Article 10d of Directive
Modernisation Fund should be used to fund
2003/87/EC.
the energy transition of the Member States
with a gross domestic product (GDP) per
capita below 65 % of the Union average in
2016-2018, through the Modernisation Fund
referred to in Article 10d of Directive
2003/87/EC.
For the EU ETS to contribute to
lowering global GHG emissions and enabling
decarbonisation, a substantial share of the
53
EU ETS revenues generated by the maritime
sector or the equivalent amounts should be
used to enable the decarbonisation of that
sector and EU ports.
Proposal for a directive
Recital 63
Text proposed by the Commission
Amendment
(63)
Furthermore, in order to ensure that
deleted
the level of allowances that remains in the
Market Stability Reserve after the
invalidation is predictable, the invalidation
of allowances in the reserve should no
longer depend on the auction volumes of
the previous year. The number of
allowances in the reserve should, therefore,
be fixed at a level of
400 million allowances,
which corresponds to the lower threshold for
the value of the TNAC.
54
COMPROMISE AMENDMENT 8
IMPACT ASSESSMENT
Supported by: EPP, Renew, ID, ECR, The Left
Replacing AMs: 31, 247, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 54, 81, 82, 83, 85, 236, 234,
221
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
2.
The Commission shall monitor
and
implementation of this Chapter
and possible
evaluate the implementation of this Chapter
,
trends as regards companies seeking to avoid
possible trends
and impacts as regards
, inter
being bound by the requirements of this
alia, the competitiveness of the EU maritime
Directive. If appropriate, the Commission shall
sector and companies seeking to avoid being
propose measures to prevent
such avoidance.;
bound by the requirements of this Directive
through annual reports analysing market
distortions and deterioration of level playing
field of the maritime sector. Among analysed
trends, the Commission shall analyse changes
in transhipment calls being made on ports in
the Union, number of voyages coming from
neighbouring ports and port calls from feeder
vessels and overall changes in port traffic in
the EU ports among others. In this context,
the Commission shall analyse and consider
the potential inclusion of ships above 400GT
and off-shore supply service vessels. If
appropriate, the Commission shall propose
measures to prevent
possible adverse impacts;
When monitoring the implementation of this
Chapter pursuant to the first subparagraph,
the Commission shall furthermore monitor
possible issues arising from the fact that the
compliance of a ship with Regulation (EU)
2003/87/EC and Regulation (EU) 2015/757 is
a shared responsibility of the operator as well
as the registered owner, and propose
measures to address loopholes, where
appropriate.
55
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2a (new)
Text proposed by the Commission
Amendment
2 a.
By 1 January 2025, the Commission,
in close cooperation with the stakeholders,
shall assess based on real data
competitiveness of the Union and its maritime
sector, its ports and affected maritime and
coastal regions and islands, their carbon and
business leakage exposure, including the
potential impacts and risk of these provisions
on evasion, delocation of calls and port
business to ports outside the EU, connectivity
of ports in Europe by means of a
comprehensive impact assessment of the Fit
for 55 package. Within the same framework
report, the Commission shall also examine
changes in the labour market, transport
freight rates, household purchasing power
and supply chain interruptions. Following its
result, the Commission shall develop adequate
support mechanisms and determine whether it
is justified to revise this Directive, and, where
appropriate, it shall submit a legislative
proposal for that purpose in order to reach
global GHG emissions reduction and preserve
a level-playing field. GHG emissions from the
maritime sector have grown and are expected
to grow further, therefore, alignment with a
market-based measure developed in the IMO
should be closely examined as a means to
reach the EU’s GHG emission reduction
goals and climate neutrality by 2050 as set by
the Climate Law as well as to address
potential negative impacts.
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2b(new)
Text proposed by the Commission
Amendment
2 b.
In 202X (one year after first phase-in
of ETS for maritime), the Commission shall
56
prepare a report on the development of import
and export costs in form of indirect costs
stemming from shipping for European
manufacturing. On this basis, the
Commission shall propose Member States to
adopt financial measures in line with the
second and fourth subparagraphs of Article
10a6 in favour of sectors or subsectors which
are exposed to a genuine risk of carbon
leakage due to indirect costs that are actually
incurred from additional transport costs
passed on in maritime freight prices for the
import or export of products, precursors, raw
materials and commodities. These financial
measures shall be in accordance with State
aid rules, and in particular do not cause
undue distortions of competition in the
internal market.
Proposal for a directive
Recital 19
Text proposed by the Commission
Amendment
(19)
The Commission should review the
(19)
By 1 January 2025, the Commission
functioning of Directive 2003/87/EC in
should review the functioning of Directive
relation to maritime transport activities in the
2003/87/EC in relation to maritime transport
light of
experience of its application,
activities
, through the means of an impact
including in relation to possible evasive
assessment, in close cooperation with related
practices
, and should
then propose measures to
port authorities, shipping companies and all
ensure
its effectiveness.
related stakeholders, based on real data,
determining possible impacts of these
provisions on carbon leakage, delocation of
calls and port business to ports outside the
EU, connectivity of ports in Europe and
where relevant on the modal shift. The impact
assessment should also specifically consider
potential evasive practices establishing a
list of potential business activities that do
not fall under significant business
activities performed at neighbouring EU
port calls. Such a dedicated impact
assessment is utmost important for the EU
ETS to work as intended, in particular in the
light of possible evasive practices
. If the
impact assessment determines a risk of a
negative impact on the maritime sector, EU
ports and on maritime and coastal regions
and islands, the Commission should propose
preventive measures to
address it, including
recommendations for specific provisions
based on ports in EU sea-basins or in
neighbouring EU countries, in order to ensure
57
level playing field and effectiveness
towards
the decarbonisation of the sector.
Alignment
with a market-based measure developed in the
IMO should be closely examined as a means
of addressing potential negative impacts of a
regional EU ETS scope. In addition, the
Commission should conduct a synergistic
impact assessment investigating the effect of
all Fit for 55 proposals, including analysis on
EU competitiveness, potential risk of mobility
reduction and cost effectiveness of GHG
emissions reductions.
Proposal for a directive
Recital 60 a (new)
Text proposed by the Commission
Amendment
(60 a) A holistic and science-based approach
is key to achieving the 2030 GHG emission
reduction target and the 2050 climate
neutrality objective. All measures should be
drafted based on a comprehensive impact
assessments analysing this Directive together
with the other legislative acts in line with the
European Climate Law and their
consequences for different sectors of the
European economy. Consequently, by 1
January 2025, the Commission should
conduct such a synergistic impact assessment
on the socio-economic and environmental
aspects of the measures.
58
COMPROMISE AMENDMENT 9
ICE NAVIGATION
Supported by: EPP, Renew, ID, ECR
Replacing amendments 40, 41, 380, 381, 382, 383, 384, 387, 388, 389, 390, 488 (Annex Va), 461, 462, 463,
464, 465, 466, 468, 469, 91, 92
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point c and subparagraphs 1a (new) and 1b (new)
Text proposed by the Commission
Amendment
(c)
each shipping company surrenders a
(c)
each shipping company surrenders a
number of allowances equal to its total
number of allowances equal to its total
emissions during the preceding calendar year,
emissions during the preceding calendar year,
as verified in accordance with Article 3gc.
as verified in accordance with Article 3gc
and
Article 3ga.
Shipping companies may surrender fewer
allowances on the basis of
- ships’ ice class or navigation in ice or both
By 31 December 2023 [year previous to first
reporting year referred to in Article 3ga] the
Commission shall adopt a delegated act
pursuant to Article 23 to supplement this
Directive concerning the method for
surrendering an adjusted number of
allowances for ice-classed vessels, including
- the methodology for calculating and
determining adjustments of the emission
allowances to be surrendered annually, on the
basis of technical characteristics that increase
emissions of ice-classed ships during their
navigation at all times and any further
increased emissions due to navigating in ice
conditions, and
- the corresponding requirements for shipping
companies intending to surrender fewer
allowances on the basis of ships’ ice class or
navigation in ice or both.
59
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2
Text proposed by the Commission
Amendment
Member States, administering Member States
Member States, administering Member States
and administering authorities in respect of a
and administering authorities in respect of a
shipping company shall ensure that allowances
shipping company shall ensure that allowances
surrendered in accordance with the first
surrendered in accordance with the first
and
subparagraph are subsequently cancelled.;
second subparagraphs are subsequently
cancelled;
To the extent that fewer allowances are
surrendered compared to the verified
emissions from maritime transport, 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.
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Regulation (EU) 2015/757
Article 3 – points oa new, ob new
Text proposed by the Commission
Amendment
(1a) in Article 3, the following points (oa),
(ob) are added:
(oa) 'navigating in ice conditions' means
navigating of an ice-classed ship in a sea area
within the ice edge.
(ob) "ice edge" is defined by paragraph 4.4.
of the WMO Sea-Ice Nomenclature, March
2014 as the demarcation at any given time
between the open sea and sea ice of any kind,
whether fast or drifting.
Or. en
60
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point -a (new)
Regulation (EU) 2015/757
Article 6 – paragraph 4
Present text
Amendment
(-a) paragraph 4 is replaced by the following:
4. The monitoring plan
may also contain
"4.
For shipping companies aiming to
information on the ice class of the ship and
/or
surrender fewer emission allowances on the
the procedures, responsibilities, formulae and
basis of ships’ ice class or navigation in ice
data sources for determining and recording the
conditions or both under Directive
distance travelled and the time spent at sea
2003/87/EC, the monitoring plan
shall also
when navigating
through ice.
contain information on the ice class of the ship
and the procedures, responsibilities, formulae
and data sources for determining and recording
the distance travelled and the time spent at sea
when navigating
in ice conditions.
Information on procedures of recording the
date and time when navigating in ice
conditions and whether the voyage occurs
between ports under a Member State's
jurisdiction, departs from a port under a
Member State's jurisdiction or arrives to a
port under a Member State's jurisdiction,
shall also be provided
Or. en
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Regulation (EU) 2015/757
Article 9 – paragraph 1
Present text
Amendment
(5 a)
Article 9, paragraph 1 is amended as
follows:
(a) the following point h is added:
"(h) ice-class and whether the voyage
involved navigation in ice conditions, if the
shipping company aims to surrender fewer
emission allowances on that basis under
Directive 2003/87/EC. If the voyages involved
navigating in ice conditions and if the
shipping company aims to surrender fewer
61
emission allowances on that basis under
Directive 2003/87/EC, the information on
date, time, and location when navigating in
ice conditions, 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
distance travelled when navigating in ice
conditions shall also be provided.
(b) the last subparagraph is replaced by the
following:
Companies may also monitor information
" If the shipping company aims to surrender
relating to the ship's ice class and to
fewer emission allowances on the basis of
navigation through ice, where applicable.
ship’s navigation in ice conditions under
Directive 2003/87/EC, it can only apply the
exception under the first subparagraph for
those months when the ship does not sail in
ice conditions."
Or. en
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point 5b (new)
Regulation (EU) 2015/757
Article 9 – paragraph 2
Present text
Amendment
(5 b)
In Article 9, the introductory part of
paragraph 2 is replaced by the following:
2.
By way of derogation from paragraph
"2. By way of derogation from paragraph 1 of
1 of this Article and without prejudice to
this Article and without prejudice to Article10,
Article 10, a company shall be exempt from
a company shall be exempt from the obligation
the obligation to monitor the information
to monitor the information referred to in
referred to in paragraph 1 of this Article on a
paragraph 1 of this Article on a per-voyage
per-voyage basis in respect of a specified ship,
basis in respect of a specified ship
for the
if:
voyages to which it forfeits the right to
surrender fewer emission allowances on the
basis of the navigation in ice under Directive
2003/87/EC, if
:"
(a)
all of the ship's voyages during the
(a) all of the ship's voyages during the
reporting period either start from or end
reporting period either start from or end at a
at a port under the jurisdiction of a
port under the jurisdiction of a Member State;
Member State; and
and
either of the following applies
62
(b)
the ship, according to its schedule,
(b) the ship, according to its schedule,
performs more than 300 voyages during
performs more than 300 voyages during the
the reporting period.
reporting period
or
(c) the company for those voyages forfeits the
right to surrender fewer emission allowances
on the basis of the navigation in ice under
Directive 2003/87/EC
Or. en
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 1 – point k a new
Text proposed by the Commission
Amendment
(6a). In Article 10, the following point (ka) is
inserted:
"(ka) Companies may monitor information
relating to the ship's ice class and to
navigation through ice, where applicable. For
shipping companies aiming to surrender
fewer emission allowances on the basis of
ships’ ice class or navigation in ice or both
under Directive 2003/87/EC the monitoring
shall separately include the ice-class,
aggregated distance travelled and aggregated
CO2 emissions from all voyages that involved
navigating in ice conditions and total distance
travelled during voyages that involved
navigating in ice conditions."
Or. en
Proposal for a directive
Recital 25 a (new)
Text proposed by the Commission
Amendment
(25 a) To ensure that there is a level playing
field for ships that navigate in ice conditions
and other ships a specific method should be
applied to take into account additional
emissions related to navigation in ice
conditions and additional emissions of ice-
classed ships when sailing in open water,
while ensuring that emissions trading
63
through the ETS continues to drive down
emissions in the maritime sector. To that end,
relevant provisions on the transfer, surrender
and cancellation of allowances under
Directive 2003/87/EC should be amended
accordingly.
COMPROMISE AMENDMENT 10
REVIEW
Supported by: EPP, Renew, ID, ECR
Replacing amendments 447, 471, 50, 233, 236
Proposal for a directive
Article 1 – paragraph 1 – point 21a new
Directive 2003/87/EC
Article 30 j – paragraph 1
Present text
Amendment
The Commission shall keep under review this
Directive with regards to regulatory
simplification [and including the combined
and cumulative effect of the "fit for 55"
package], and, where appropriate, propose
amendments to this Directive. 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.
Proposal for a directive
Recital 67
Text proposed by the Commission
Amendment
(67)
It is necessary to amend Regulation
(67)
It is necessary to amend Regulation
(EU) 2015/757 to take into account the
(EU) 2015/757 to take into account the
inclusion of the maritime transport sector in the
inclusion of the maritime transport sector in the
EU ETS. Regulation (EU) 2015/757 should be
EU ETS. Regulation (EU) 2015/757 should be
amended to oblige companies to report
amended to oblige companies to report
aggregated emissions data at company level
aggregated emissions data at company level
and to submit for approval their verified
and to submit for approval their verified
monitoring plans and aggregated emissions
monitoring plans and aggregated emissions
data at company level to the responsible
data at company level to the responsible
administering authority. In addition, the
administering authority
, including information
Commission should be empowered to adopt
on port calls in neighbouring non-EU ports.
64
delegated acts to amend the methods for
In addition, the Commission should be
monitoring CO2 emissions and the rules on
empowered to adopt delegated acts to amend
monitoring, as well as any other relevant
the methods for monitoring CO2 emissions and
information set out in Regulation (EU)
the rules on monitoring, as well as any other
2015/757, to ensure the effective functioning
relevant information set out in Regulation (EU)
of the EU ETS at administrative level and to
2015/757, to ensure the effective functioning
supplement Regulation (EU) 2015/757 with the
of the EU ETS at administrative level and to
rules for the approval of monitoring plans and
supplement Regulation (EU) 2015/757 with the
changes thereof by administering authorities,
rules for the approval of monitoring plans and
with the rules for the monitoring, reporting and
changes thereof by administering authorities,
submission of the aggregated emissions data at
with the rules for the monitoring, reporting and
company level and with the rules for the
submission of the aggregated emissions data at
verification of the aggregated emissions data at
company level and with the rules for the
company level and for the issuance of a
verification of the aggregated emissions data at
verification report in respect of the aggregated
company level and for the issuance of a
emissions data at company level. The data
verification report in respect of the aggregated
monitored, reported and verified under
emissions data at company level. The data
Regulation (EU) 2015/757 might also be used
monitored, reported and verified under
for the purpose of compliance with other
Regulation (EU) 2015/757 might also be used
Union law requiring the monitoring, reporting
for the purpose of compliance with other
and verification of the same ship information.
Union law requiring the monitoring, reporting
and verification of the same ship information.
Proposal for a directive
Recital 67 a (new)
Text proposed by the Commission
Amendment
(67 a) Given that this Directive will generate
additional compliance costs for affected
sectors, compensatory actions need to be
taken in order to prevent the total level of
regulatory burdens from increasing. The
Commission should therefore keep under
review Directive 2003/87/EC immediately as
from the entry into force of this Directive and
on the basis of a comprehensive overall
impact assessment for the entire "fit for 55"
package, elaborating on its cumulative and
combined effects including as regards social
costs and their distribution, competitiveness,
jobs, carbon and business leakage
comprehensive overall impact assessment for
the entire "fit for 55" package, elaborating on
its cumulative and combined effects. In
particular, the Commission should put
forward without delay proposals offsetting the
regulatory burdens through the revision or
abolishment of provisions in other EU
legislative acts that generate compliance costs
in the affected sectors.
65
66
COMPROMISE AMENDMENT 11
CBAM
Supported by: EPP, Renew, ID, ECR
Replacing amendments 354, 355, 356, 357, 96, 97
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point b
Directive 2003/87/EC
Article 10a – paragraph 1a
Text proposed by the Commission
Amendment
1a.
No free allocation shall be given in
1a.
No free allocation shall be given in
relation to the production of products listed in
relation to the production of products listed in
Annex I of Regulation [CBAM] as from the
Annex I of Regulation [CBAM] as from the
date
of application of the Carbon Border
date
when CBAM has fully demonstrated its
Adjustment Mechanism.
effectiveness in equalising CO2 costs between
imported and domestic products, as to be
reported by the Commission before the end of
the transitional period for the introduction of
this new carbon leakage prevention tool
under Article 30(2) of [CBAM Regulation].
The ban on giving free allocation to the
production of these products, set out in the
first subparagraph shall not apply to any part
of the production of these products that is
exported to third countries that do not have a
carbon pricing mechanism similar or
equivalent to the EU ETS.
Proposal for a directive
Recital 30
Text proposed by the Commission
Amendment
(30)
The Carbon Border Adjustment
(30)
The Carbon Border Adjustment
Mechanism (CBAM), established under
Mechanism (CBAM), established under
Regulation (EU) […./..] of the European
Regulation (EU) […./..] of the European
Parliament and of the Council51 ,
is an
Parliament and of the Council51 ,
can be an
alternative to free allocation to address the risk
alternative to free allocation to address the risk
of carbon leakage. To the extent that sectors
of carbon leakage
once assessment by the
and subsectors are covered by that measure,
Commission has proven that the regulation is
they should
not receive free allocation.
effective in preventing carbon leakage for
However, a transitional phasing-out of free
both imports and exports. To the extent that
allowances
is needed to allow producers,
sectors and subsectors are covered by that
importers and traders to adjust to the new
measure,
sufficient and WTO-compatible
regime.
The reduction of free allocation should
safeguards should
nevertheless be provided
be implemented by applying a factor to free
for the products intended for export and their
allocation for CBAM sectors, while the CBAM
producers. Where free allowances
are phased
67
is phased in. This percentage (CBAM factor)
out in accordance with the finding of
should be equal to 100 % during the
effectiveness of CBAM by the Commission
transitional period between the entry into force
report under [CBAM Regulation], a gradual
of [CBAM Regulation] and 2025, 90 % in
transition is essential to allow producers,
2026 and should be reduced by 10 percentage
importers and traders to adjust to the new
points each year to reach 0 % and thereby
regime.
Such a reduction of free allocation
eliminate free allocation by the tenth year. The
should be implemented by applying a factor to
relevant delegated acts on free allocation
free allocation for CBAM sectors, while the
should be adjusted accordingly for the sectors
CBAM is phased in. This percentage (CBAM
and subsectors covered by the CBAM. The free
factor) should be equal to 100 % during the
allocation no longer provided to the CBAM
transitional period between the entry into force
sectors based on this calculation (CBAM
of [CBAM Regulation] and 2025, 90 % in
demand) must be auctioned and the revenues
2026 and should be reduced by 10 percentage
will accrue to the Innovation Fund, so as to
points each year to reach 0 % and thereby
support innovation in low carbon technologies,
eliminate free allocation by the tenth year. The
carbon capture and utilisation (‘CCU’), carbon
relevant delegated acts on free allocation
capture and geological storage (‘CCS’),
should be adjusted accordingly for the sectors
renewable energy and energy storage, in a way
and subsectors covered by the CBAM
, taking
that contributes to mitigating climate change.
into account the need to maintain free
Special attention should be given to projects in
allowances for the products that are exported.
CBAM sectors. To respect the proportion of
The free allocation no longer provided to the
the free allocation available for the non-CBAM
CBAM sectors based on this calculation
sectors, the final amount to deduct from the
(CBAM demand) must be auctioned and the
free allocation and to be auctioned should be
revenues will accrue to the Innovation Fund, so
calculated based on the proportion that the
as to support innovation in low carbon
CBAM demand represents in respect of the
technologies, carbon capture and utilisation
free allocation needs of all sectors receiving
(‘CCU’), carbon capture and geological storage
free allocation.
(‘CCS’), renewable energy and energy storage,
in a way that contributes to mitigating climate
change. Special attention should be given to
projects in CBAM sectors. To respect the
proportion of the free allocation available for
the non-CBAM sectors, the final amount to
deduct from the free allocation and to be
auctioned should be calculated based on the
proportion that the CBAM demand represents
in respect of the free allocation needs of all
sectors receiving free allocation.
68
COMPROMISE AMENDMENT 12
ETS MARKET ACCESS ARTICLE 12/ EXCESS PRICE FLUCTUATIONS ARTICLE 29A
Supported by: EPP, ID, ECR
Replacing amendments:
Art 12(1)
375, 376, 392,
Art 19
398, 399
Art 29a
397, 400
Art 1(5aa) MSR
452
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point -a (new)
Directive 2003/87/EC
Article 12 – paragraph 1
Present text
Amendment
(-a) Article 12(1) is replaced as following :
1. Member States shall ensure that allowances
" 1. Member States shall ensure that
can be transferred between:
allowances can be transferred between:
(a) persons within the Union;
(a) regulated entities within the Union ;
(b) persons within the Union and persons in
(b) regulated entities within the Union and
third countries, where such allowances are
persons in third countries, where such
recognised in accordance with the procedure
allowances are recognised in accordance with
referred to in Article 25 without restrictions
the procedure referred to in Article 25 without
other than those contained in, or adopted
restrictions other than those contained in, or
pursuant to, this Directive
adopted pursuant to, this Directive
(c) regulated entities within the Union and
financial intermediaries acting on behalf of
regulated entities within the Union.
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point e a (new)
Directive 2003/87/EC
Article 12 – paragraph 4
Present text
Amendment
(e a)
paragraph 4 is amended as follows:
4. Member States shall take the necessary steps
"4. Member States shall take the necessary
to ensure that allowances will be cancelled at
steps to ensure that allowances will be
any time at the request of the
person holding
cancelled at any time at the request of the
them. In the event of closure of electricity
regulated entity holding them. In the event of
generation capacity in their territory due to
closure of electricity generation capacity in
additional national measures, Member States
their territory due to additional national
may cancel allowances from the total quantity
measures, Member States may cancel
of allowances to be auctioned by them referred
allowances from the total quantity of
to in Article 10(2) up to an amount
allowances to be auctioned by them referred to
69
corresponding to the average verified
in Article 10(2) up to an amount corresponding
emissions of the installation concerned over a
to the average verified emissions of the
period of five years preceding the closure. The
installation concerned over a period of five
Member State concerned shall inform the
years preceding the closure. The Member State
Commission of such intended cancellation in
concerned shall inform the Commission of
accordance with the delegated acts adopted
such intended cancellation in accordance with
pursuant to Article 10(4).
the delegated acts adopted pursuant to Article
10(4).
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 19 – paragraph 2
Present text
Amendment
(19 a) "
Article 19(2) is replaced by the
following
2. Any person may hold allowances. The
"2. Without prejudice to paragraph 5 of this
registry shall be accessible to the public and
article, besides the central and national
shall contain separate accounts to record the
administration accounts, only regulated
allowances held by each
person to whom and
entities with past, current, or predictable
from whom allowances are issued or
future ETS compliance obligations may hold
transferred.
allowances. The registry shall be accessible to
the public and shall contain separate accounts
to record the allowances held by each
entity to
whom and from whom allowances are issued
or transferred.
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 19 – paragraph 2a (new)
Present text
Amendment
(19 b) In Article 19 the following paragraph
is inserted after paragraph 2:
4. The Acts referred to in paragraph
3 shall
"
2a. Regulated entities with total annual
contain appropriate modalities for the Union
emissions lower than 25 000 tonnes of carbon
registry
to undertake transactions
and other
dioxide equivalent per year may mandate a
operations to implement arrangements
natural person or a legal entity to open to
referred to in Article 25(1b).These Acts shall
operate registry
accounts belonging to the
also include processes for the change and
regulated entity and conduct all types of
incident management for the Union registry
transactions
to which that account is entitled,
with regard to issues in paragraph 1 of this
on behalf of the regulated entity.
Article. It shall
contain appropriate modalities
Responsibility for compliance remains with
for the Union registry to ensure that
initiatives
the regulated entity. When mandating the
of the Member States pertaining to efficiency
natural person or the legal entity, the
improvement, administrative cost
regulated entity shall ensure that
there is no
management and quality control measures
conflict of interest amongst the mandated
are possible.
person or entity and competent authorities,
national administrators, verifiers or other
70
bodies subject to the provisions of this
Directive.
Proposal for a directive
Article 1 – paragraph 1 – point 19 a (new)
Directive 2003/87/EC
Article 29a – paragraph 1
Present text
Amendment
1.
If, for more than six consecutive
unchanged
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.
Proposal for a directive
Article 1 – paragraph 1 – point 19 b (new)
Directive 2003/87/EC
Article 29b (new)
Present text
Amendment
Short term price volatility containment
mechanism
Where, for more than 4 consecutive weeks,
the average price of allowance in the auctions
carried out in accordance with the act
adopted under Article 10(4) is more than 15%
the average price of allowance during the 4
preceding consecutive weeks in the auctions
for the allowances, the Commission shall, as
a matter of urgency, adopt a decision to
release x million allowances covered by this
Chapter from the Market Stability Reserve in
accordance with Article 1a(7) of Decision
(EU) 2015/1814. The European Commission
shall notify three months following the
decision under this article the overall impacts
on the EU carbon price, market participants
71
and MSR. This report will be published and
publicly available.
Proposal for a directive
Article 1 – paragraph 1 – point 19 c(new)
Directive 2003/87/EC
Article 29c (new)
Present text
Amendment
Temporary virtual ceiling
Where, for more than four consecutive weeks,
the price of allowance in the auctions carried
out in accordance with the act adopted under
Article 10(4) is the double of the average price
in 2021 or the triple of the average price in
2020, the Commission shall, until insert date
(i.e. 31/12/2025), adopt a decision to release
sufficient allowances, covered by this Chapter
from the Market Stability Reserve in
accordance with Article 1a(7) of Decision
(EU) 2015/1814, to support the existing
carbon leakage protection mechanism.
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Decision (EU) 2015/1814
Article 1 – paragraphs 5 and 5a
Text proposed by the Commission
Amendment
5. In any given year, if the total number of
5. In any given year, if the total number of
allowances in circulation is between 833
allowances in circulation is between 833
million and 1 096 million, a number of
million and 1 096 million, a number of
allowances equal to the difference between the
allowances equal to the difference between the
total number of allowances in circulation, as
total number of allowances in circulation, as
set out in the most recent publication as
set out in the most recent publication as
referred to in paragraph 4 of this Article, and
referred to in paragraph 4 of this Article, and
833 million, shall be deducted from the volume
833 million, shall be deducted from the volume
of allowances to be auctioned by the Member
of allowances to be auctioned by the Member
States under Article 10(2) of Directive
States under Article 10(2) of Directive
2003/87/EC and shall be placed in the reserve
2003/87/EC and shall be placed in the reserve
over a period of 12 months beginning on 1
over a period of 12 months beginning on 1
September of that year. If the total number of
July of that year. If the total number of
72
allowances in circulation is above 1 096
allowances in circulation is above 1 096
million allowances, the number of allowances
million allowances, the number of allowances
to be deducted from the volume of allowances
to be deducted from the volume of allowances
to be auctioned by the Member States under
to be auctioned by the Member States under
Article 10(2) of Directive 2003/87/EC and to
Article 10(2) of Directive 2003/87/EC and to
be placed in the reserve over a period of 12
be placed in the reserve over a period of 12
months beginning on 1
September of that year
months beginning on 1
July of that year shall
shall be equal to 12 % of the total number of
be equal to 12 % of the total number of
allowances in circulation. By way of
allowances in circulation. By way of
derogation from the last sentence, until 31
derogation from the last sentence, until 31
December 2030, the percentage shall be
December 2030, the percentage shall be
doubled.
doubled,
if during the preceding year period
on the European carbon market the average
allowance price is lower than 30 EUR.
Without prejudice to the total amount of
Without prejudice to the total amount of
allowances to be deducted pursuant to this
allowances to be deducted pursuant to this
paragraph, until 31 December 2030,
paragraph, until 31 December 2030,
allowances referred to in Article 10(2), first
allowances referred to in Article 10(2), first
subparagraph, point (b), of Directive
subparagraph, point (b), of Directive
2003/87/EC shall not be taken into account
2003/87/EC shall not be taken into account
when determining Member States' shares
when determining Member States' shares
contributing to that total amount.
contributing to that total amount.
5a. Unless otherwise decided in the first review
5a. Unless otherwise decided in the first review
carried out in accordance with Article 3, from
carried out in accordance with Article 3, from
2023 allowances held in the reserve above 400
2023 allowances held in the reserve above 400
million allowances shall
no longer be valid.
million allowances shall
be set aside for the
purpose of increasing the Modernisation
Fund, the Innovation Fund and prevention of
triggering of the cross-sectoral correction
factor.
73
COMPROMISE AMENDMENT 13
ETS 2
Supported by: EPP, Renew, ID, ECR
Replacing AMs:
Proposal Art. 1(21):
Art 3
262, 263, 264, 265, 266, 267, 268, 243, 244,
Chapter IVa
42, 401, 402, 403, 404, 405, 406,
Art 30a-30i
43, 44, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420,
421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435,
436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446,
Proposal Art. 1(22):
448, 449,
Proposal Art. 2 (MSR):
Art 1a
45, 453, 454, 455,
Proposal Annex I:
Annexes III, IIIa, IIIb, IV, V
47, 48, 49, 476, 477, 478, 479, 480, 481, 482, 483, 484, 487,
485, 486, 490,
Recital 43
4, 111, 112, 113, 114, 115, 116,
Rec 43a117,
Rec 44
118, 119, 120, 121,
Rec 44a-f
122, 123, 124, 125, 126, 127,
Rec 45
5, 128, 129, 130, 131, 132,
Rec 46
133, 134, 135, 136,
Rec 47
6, 137, 138, 139, 140, 141,
Rec 48
7, 142, 143, 144, 145, 146, 147, 148,
Rec 49
8, 149, 150, 151, 152, 153, 154,
Rec 50
9, 155, 156, 157, 158, 159, 160
Rec 51
10, 161, 162, 163, 164, 165, 166, 167,
Rec 52
11, 168, 169, 170, 171, 173,
Rec 53
174, 175, 176,
Rec 53a
177,
Rec 54
12, 178, 179, 180, 181, 182, 183,
Rec 55
13, 184, 185, 186, 187, 188, 189, 190,
Rec 56
14, 191, 192, 193, 194, 195, 196, 197,
Rec 57
15, 198, 199, 200, 201, 202, 203,
Rec 58
16, 204, 205, 206, 207, 208, 209,
Rec 59
17, 210, 211, 212, 213, 214, 215,
Rec 60
18, 216, 217, 218, 219, 220,
Rec 66
19, 228, 229, 230, 231
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
74
Directive 2003/87/EC
Article 3 – point x
Text proposed by the Commission
Amendment
(x)
‘regulated entity’ for the purposes of
deleted
Chapter IVa shall mean any natural or legal
person, except for any final consumer of the
fuels, that engages in the activity referred to
in Annex III and that falls within one of the
following categories:
(i)
where the fuel passes through a tax
warehouse as defined in Article 3(11) of
Council Directive (EU) 2020/262(*), the
authorised warehouse keeper as defined in
Article 3(1) of that Directive, liable to pay the
excise duty which has become chargeable
pursuant to Article 7 of that Directive;
(ii)
if point (i) is not applicable, any other
person liable to pay the excise duty which has
become chargeable pursuant to Article 7 of
Directive (EU) 2020/262 in respect of the
fuels covered by this Chapter;
(iii)
if points (i) and (ii) are not applicable,
any other person which has to be registered
by the relevant competent authorities of the
Member State for the purpose of being liable
to pay the excise duty, including any person
exempt from paying the excise duty, as
referred to in Article 21(5), fourth sub-
paragraph, of Council Directive
2003/96/EC(**);
(iv)
if points (i), (ii) and (iii) are not
applicable, or if several persons are jointly
and severally liable for payment of the same
excise duty, any other person designated by a
Member State .
_________
(*) Council Directive (EU) 2020/262 of 19
December 2019 laying down the general
arrangements for excise duty (OJ L 058
27.2.2020, p. 4).
(**) Council Directive 2003/96/EC of 27
October 2003 restructuring the Community
framework for the taxation of energy products
and electricity (OJ L 283 31.10.2003, p. 51).
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
75
Directive 2003/87/EC
Article 3 – point y
Text proposed by the Commission
Amendment
(y)
‘fuel’ for the purposes of Chapter IVa
deleted
shall mean any fuel listed in Table-A and
Table-C of Annex I to Directive 2003/96/EC,
as well as any other product offered for sale
as motor fuel or heating fuel as specified in
Article 2(3) of that Directive;
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point z
Text proposed by the Commission
Amendment
(z)
‘release for consumption’ for the
deleted
purposes of Chapter IVa shall have the same
meaning as in Article 6(3) of Directive (EU)
2020/262.”;
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Directive 2003/87/EC
Article 3 – point b
Text proposed by the Commission
Amendment
(b)
‘emissions’ means the release of
(b)
‘emissions’ means the release of
greenhouse gases from sources in an
greenhouse gases from sources in an
installation or the release from an aircraft
installation or the release from an aircraft
performing an aviation activity listed in Annex
performing an aviation activity listed in Annex
I or from ships performing a maritime transport
I or from ships performing a maritime transport
activity listed in Annex I of the gases specified
activity listed in Annex I of the gases specified
in respect of that activity
, or the release of
in respect of that activity;
greenhouse gases corresponding to the
activity referred to in Annex III;
;
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Directive 2003/87
Article 3 – point d
Text proposed by the Commission
Amendment
(d)
‘greenhouse gas emissions permit’
(d)
‘greenhouse gas emissions permit’
means the permit issued in accordance with
means the permit issued in accordance with
Articles 5
, 6 and 30b;
;
Articles 5
and 6;
76
Proposal for a directive
Article 1 – paragraph 1 – point 21
Directive 2003/87/EC
Chapter IVa
Text proposed by the Commission
Amendment
(21)
The following Chapter IVa is inserted
deleted
after Article 30:
“CHAPTER IVa
EMISSIONS TRADING SYSTEM FOR
BUILDINGS AND ROAD TRANSPORT
[...]
Proposal for a directive
Article 1 – paragraph 1 – point 22
Directive 2003/87/EC
Annexes
Text proposed by the Commission
Amendment
(22)
Annexes I, IIb, IV and V to Directive
(22)
Annexes I, IIb, IV and V to Directive
2003/87/EC are amended in accordance with
2003/87/EC are amended in accordance with
Annex I to this Directive
, and Annexes III,
Annex I to this Directive.
IIIa and IIIb are inserted in Directive
2003/87/EC as set out in Annex I to this
Directive.
Proposal for a directive
Article 2 – paragraph 1 – point 2
Decision (EU) 2015/1814
Article 1a
Text proposed by the Commission
Amendment
(2)
the following Article 1a is inserted:
deleted
“Article 1a
Operation of the Market Stability Reserve for
the buildings and road transport sectors
[...]
Proposal for a directive
Annex I – point 2
77
Directive 2003/87/EC
Annexes III, III a, III b
Text proposed by the Commission
Amendment
(2) The following Annexes are inserted as
deleted
Annexes III, IIIa and IIIb to Directive
2003/87/EC:
“ANNEX III
ACTIVITY COVERED BY CHAPTER IVa
[...]
Proposal for a directive
Annex I – point 3 – point c
Directive 2003/87/EC
Annex IV – part C
Text proposed by the Commission
Amendment
(c)
the following Part C is added:
deleted
PART C — Monitoring and reporting of
emissions corresponding to the activity
referred to in Annex III
[…]
Proposal for a directive
Annex I – point 4
Directive 2003/87/EC
Annex V – part C
Text proposed by the Commission
Amendment
(4)
in Annex V to Directive 2003/87/EC,
deleted
the following Part C is added:
“PART C — Verification of emissions
corresponding to the activity referred to in
Annex III
[...]
Proposal for a directive
Recital 43
Text proposed by the Commission
Amendment
(43)
The Communication of the
deleted
78
Commission on Stepping up Europe’s 2030
climate ambition57 , underlined the particular
challenge to reduce the emissions in the
sectors of road transport and buildings.
[...]
Proposal for a directive
Recital 44
Text proposed by the Commission
Amendment
(44)
In order to establish the necessary
deleted
implementation framework and to provide a
reasonable timeframe for reaching the 2030
target, emissions trading in the two new
sectors should start in 2025.
[...]
Proposal for a directive
Recital 45
Text proposed by the Commission
Amendment
(45)
Due to the very large number of small
deleted
emitters in the sectors of buildings and road
transport, it is not possible to establish the
point of regulation at the level of entities
directly emitting greenhouse gases, as is the
case for stationary installations and aviation.
[...]
Proposal for a directive
Recital 46
Text proposed by the Commission
Amendment
(46)
The regulated entities in the two new
deleted
sectors and the point of regulation should be
defined in line with the system of excise duty
established by Council Directive (EU)
2020/26258 , with the necessary adaptations,
as that Directive already sets a robust control
system for all quantities of fuels released for
consumption for the purposes of paying
excise duties. End-users of fuels in those
sectors should not be subject to obligations
under Directive 2003/87/EC.
__________________
58 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).
79
Proposal for a directive
Recital 47
Text proposed by the Commission
Amendment
(47)
The regulated entities falling within
deleted
the scope of the emissions trading in the
sectors of buildings and road transport should
be subject to similar greenhouse gas
emissions permit requirements as the
operators of stationary installations.
[...]
Proposal for a directive
Recital 48
Text proposed by the Commission
Amendment
(48)
The total quantity of allowances for
deleted
the new emissions trading should follow a
linear trajectory to reach the 2030 emissions
reduction target, taking into account the cost-
efficient contribution of buildings and road
transport of 43 % emission reductions by
2030 compared to 2005.
[...]
Proposal for a directive
Recital 49
Text proposed by the Commission
Amendment
(49)
The auctioning of allowances is the
deleted
simplest and the most economically efficient
method for allocating emission allowances,
which also avoids windfall profits.
[...]
Proposal for a directive
Recital 50
Text proposed by the Commission
Amendment
(50)
In order to ensure a smooth start to
deleted
emissions trading in the buildings and road
transport sectors and taking into account the
need of the regulated entities to hedge or buy
ahead allowances to mitigate their price and
liquidity risk, a higher amount of allowances
should be auctioned early on.
[...]
80
Proposal for a directive
Recital 51
Text proposed by the Commission
Amendment
(51)
The distribution rules on auction
deleted
shares are highly relevant for any auction
revenues that would accrue to the Member
States, especially in view of the need to
strengthen the ability of the Member States to
address the social impacts of a carbon price
signal in the buildings and road transport
sectors.
[...]
Proposal for a directive
Recital 52
Text proposed by the Commission
Amendment
(52)
The introduction of the carbon price
deleted
in road transport and buildings should be
accompanied by effective social
compensation, especially in view of the
already existing levels of energy poverty.
[...]
Proposal for a directive
Recital 53
Text proposed by the Commission
Amendment
(53)
Reporting on the use of auctioning
deleted
revenues should be aligned with the current
reporting established by Regulation (EU)
2018/1999 [...]
Proposal for a directive
Recital 54
Text proposed by the Commission
Amendment
(54)
Innovation and development of new
deleted
low-carbon technologies in the sectors of
buildings and road transport are crucial for
ensuring the cost-efficient contribution of
these sectors to the expected emission
reductions. Therefore, 150 million allowances
from emissions trading in the buildings and
road transport sectors should also be made
available to the Innovation Fund to stimulate
81
the cost-efficient emission reductions.
Proposal for a directive
Recital 55
Text proposed by the Commission
Amendment
(55)
Regulated entities covered by the
deleted
buildings and road transport emissions
trading should surrender allowances for their
verified emissions corresponding to the
quantities of fuels they have released for
consumption.
[...]
Proposal for a directive
Recital 56
Text proposed by the Commission
Amendment
(56)
For emissions trading in the buildings
deleted
and road transport sectors to be effective, it
should be possible to monitor emissions with
high certainty and at reasonable cost.
[...]
Proposal for a directive
Recital 57
Text proposed by the Commission
Amendment
(57)
It is appropriate to introduce
deleted
measures to address the potential risk of
excessive price increases, which, if
particularly high at the start of the buildings
and road transport emissions trading, may
undermine the readiness of households and
individuals to invest in reducing their
greenhouse gas emissions.
[...]
Proposal for a directive
Recital 58
Text proposed by the Commission
Amendment
(58)
The application of emissions trading
deleted
in the buildings and road transport sectors
should be monitored by the Commission,
including the degree of price convergence
with the existing ETS, and, if necessary, a
review should be proposed to the European
Parliament and the Council to improve the
82
effectiveness, administration and practical
application of emissions trading for those
sectors on the basis of acquired knowledge as
well as increased price convergence. The
Commission should be required to submit the
first report on those matters by 1 January
2028.
Proposal for a directive
Recital 59
Text proposed by the Commission
Amendment
(59)
In order to ensure uniform conditions
deleted
for the implementation of Articles 3gd(3),
12(3b) and 14(1) of Directive 2003/87/EC,
implementing powers should be conferred on
the Commission.
[...]
Proposal for a directive
Recital 60
Text proposed by the Commission
Amendment
(60)
In order to adopt non-legislative acts
deleted
of general application to supplement or
amend certain non-essential elements of a
legislative act, the power to adopt acts in
accordance with Article 290 of the Treaty on
the Functioning of the European Union
should be delegated to the Commission in
respect of Articles 10(4) and 10a(8) of that
Directive.
[...]
Proposal for a directive
Recital 66
Text proposed by the Commission
Amendment
(66)
In order to mitigate the risk of supply
deleted
and demand imbalances associated with the
start of emissions trading for the buildings
and road transport sectors, as well as to
render it more resistant to market shocks, the
rule-based mechanism of the Market Stability
Reserve should be applied to those new
sectors.
[...]
83
COMPROMISE AMENDMENT 14
ENTRY INTO FORCE OF THE REVISED DIRECTIVE
Supported by: EPP, Renew, ID, ECR
Replacing AMs: 470
Proposal for a directive
Article 4 – paragraph 1
Text proposed by the Commission
Amendment
1.
Member States shall bring into force
1.
Member States shall bring into force
the laws, regulations and administrative
the laws, regulations and administrative
provisions necessary to comply with
Articles 1
provisions necessary to comply with this
and 2 of this Directive by 31 December
2023
Directive by 31 December
of the subsequent
at the latest. They shall
forthwith
year to the year of entry into force of this
communicate
to the Commission the text of
Directive . They shall
immediately
those
provisions.
communicate the text of those
measures to the
Commission.
84
