# C_2022493EN.01020201.xml

| 27.12.2022 | EN | Official Journal of the European Union | C 493/202 |
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27.12.2022

EN

Official Journal of the European Union

C 493/202

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P9_TA(2022)0232

Binding annual greenhouse gas emission reductions by Member States (Effort Sharing Regulation) ***I

Amendments (*) adopted by the European Parliament on 8 June 2022 on the proposal for a regulation of the European Parliament and of the Council Amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement (COM(2021)0555 — C9-0321/2021 — 2021/0200(COD)) (1)

(Ordinary legislative procedure: first reading)

(2022/C 493/23)

Amendment 1

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), entered into force in November 2016 (‘the Paris Agreement’). Its Parties have agreed to hold the increase in the global average temperature well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5  oC above pre-industrial levels. |

Text proposed by the Commission

Amendment

(1)

The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), entered into force in November 2016 (‘the Paris Agreement’). Its Parties have agreed to hold the increase in the global average temperature well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5  oC above pre-industrial levels.

| (1) | The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), entered into force in November 2016 (‘the Paris Agreement’). Its Parties have agreed to hold the increase in the global average temperature well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5  oC above pre-industrial levels
  , while being guided by, inter alia, the principles of equity and of common but differentiated responsibilities and respective capabilities
  .
  By adopting the Glasgow Climate Pact in November 2021, the Parties to the Paris Agreement recognised that keeping the increase in the global average temperature to 1,5  oC would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022. |
| --- | --- |

(1)

The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), entered into force in November 2016 (‘the Paris Agreement’). Its Parties have agreed to hold the increase in the global average temperature well below 2 oC above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5  oC above pre-industrial levels
  , while being guided by, inter alia, the principles of equity and of common but differentiated responsibilities and respective capabilities
  .
  By adopting the Glasgow Climate Pact in November 2021, the Parties to the Paris Agreement recognised that keeping the increase in the global average temperature to 1,5  oC would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022.

Amendment 2

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | The need for action to reduce emissions is becoming increasingly urgent, as stated by the Intergovernmental Panel on Climate Change (IPCC) in its latest reports of 7 August 2021 entitled ‘Climate change 2021: The Physical Science Basis’ and of 28 February 2022 entitled ‘Climate Change 2022: Impacts, Adaptation and Vulnerability’. The IPCC stated, with a very high level of confidence, that climate change is a threat to human well-being and planetary health and that any further delay in concerted anticipatory global action on adaptation and mitigation will miss a brief and rapidly closing window of opportunity to secure a liveable and sustainable future for all. The IPCC provides new estimates of the chances of crossing the global warming level of 1,5  oC in the coming decades, and finds that unless there are immediate, rapid and large-scale reductions in greenhouse gas emissions, limiting global warming to close to 1,5  oC or even 2 oC will be beyond reach. The Union should therefore address that urgency by stepping up its efforts and establishing itself as an international leader in the fight against climate change. |

Text proposed by the Commission

Amendment

(1a)

The need for action to reduce emissions is becoming increasingly urgent, as stated by the Intergovernmental Panel on Climate Change (IPCC) in its latest reports of 7 August 2021 entitled ‘Climate change 2021: The Physical Science Basis’ and of 28 February 2022 entitled ‘Climate Change 2022: Impacts, Adaptation and Vulnerability’. The IPCC stated, with a very high level of confidence, that climate change is a threat to human well-being and planetary health and that any further delay in concerted anticipatory global action on adaptation and mitigation will miss a brief and rapidly closing window of opportunity to secure a liveable and sustainable future for all. The IPCC provides new estimates of the chances of crossing the global warming level of 1,5  oC in the coming decades, and finds that unless there are immediate, rapid and large-scale reductions in greenhouse gas emissions, limiting global warming to close to 1,5  oC or even 2 oC will be beyond reach. The Union should therefore address that urgency by stepping up its efforts and establishing itself as an international leader in the fight against climate change.

Amendment 3

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | The European Green Deal (31) combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy
  , where economic growth is decoupled from resource use
  . It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects
  women and men
  differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind. |

Text proposed by the Commission

Amendment

(3)

The European Green Deal (31) combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy
  , where economic growth is decoupled from resource use
  . It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects
  women and men
  differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.

| (3) | The European Green Deal (31)

  provides a starting point for the achievement of the Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council

   (31a)

  . It
  combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050
  at the latest
  , and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects
  all genders
  differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities,
  persons suffering from energy or transport poverty
  , and persons with a minority racial or ethnic background.
  The transition also affects Member States and regions differently.
  It must therefore be ensured that the transition is just and inclusive, leaving no one behind. |
| --- | --- |

(3)

The European Green Deal (31)

  provides a starting point for the achievement of the Union’s climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid down in Article 2(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council

   (31a)

  . It
  combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050
  at the latest
  , and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects
  all genders
  differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities,
  persons suffering from energy or transport poverty
  , and persons with a minority racial or ethnic background.
  The transition also affects Member States and regions differently.
  It must therefore be ensured that the transition is just and inclusive, leaving no one behind.

Amendment 4

Proposal for a regulation

Recital 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | To be socially acceptable the climate ambition set out in this Regulation should be matched by an equivalent social ambition. The increased level of ambition implies substantial changes in the affected sectors which might have social and labour impacts. The revised emission reduction targets need to be accompanied by sufficient financial and policy measures to guarantee that those targets can be met in a socially fair way. The measures can include, inter alia, carrying out employment impact assessments which evaluate the impact on jobs and working conditions both at national and regional levels as well as allocating national and Union resources to fund social adaptation measures and quality job-creation, gender equality, life-long learning, vocational training and social protection and to ensure effective collective bargaining. It is also important that there is timely consultation and effective involvement of national social partners in the sectors covered by Article 2 of this Regulation with regard to the development and implementation of national measures implementing this Regulation. |

Text proposed by the Commission

Amendment

(3a)

To be socially acceptable the climate ambition set out in this Regulation should be matched by an equivalent social ambition. The increased level of ambition implies substantial changes in the affected sectors which might have social and labour impacts. The revised emission reduction targets need to be accompanied by sufficient financial and policy measures to guarantee that those targets can be met in a socially fair way. The measures can include, inter alia, carrying out employment impact assessments which evaluate the impact on jobs and working conditions both at national and regional levels as well as allocating national and Union resources to fund social adaptation measures and quality job-creation, gender equality, life-long learning, vocational training and social protection and to ensure effective collective bargaining. It is also important that there is timely consultation and effective involvement of national social partners in the sectors covered by Article 2 of this Regulation with regard to the development and implementation of national measures implementing this Regulation.

Amendment 5

Proposal for a regulation

Recital 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3b) | The transition to a Union economy compatible with target of climate neutrality by 2050 at the latest could furthermore have a particular impact on certain economic sectors, especially vulnerable micro, small and medium enterprises in those sectors. When implementing this Regulation, it is important that Member States create an enabling environment for those enterprises to transition to practices that entail fewer and gradually no greenhouse gas emissions. |

Text proposed by the Commission

Amendment

(3b)

The transition to a Union economy compatible with target of climate neutrality by 2050 at the latest could furthermore have a particular impact on certain economic sectors, especially vulnerable micro, small and medium enterprises in those sectors. When implementing this Regulation, it is important that Member States create an enabling environment for those enterprises to transition to practices that entail fewer and gradually no greenhouse gas emissions.

Amendment 6

Proposal for a regulation

Recital 3 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3c) | The United Nations Environment Programme and the OECD Global Forum on Environment have concluded that environmental changes have gender-specific impact. Gender-differentiated roles also result in differentiated vulnerabilities for all genders in relation to the effects of climate change, and climate change impacts exacerbate gender inequalities. |

Text proposed by the Commission

Amendment

(3c)

The United Nations Environment Programme and the OECD Global Forum on Environment have concluded that environmental changes have gender-specific impact. Gender-differentiated roles also result in differentiated vulnerabilities for all genders in relation to the effects of climate change, and climate change impacts exacerbate gender inequalities.

Amendment 7

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | In Regulation (EU) 2021/1119 of the European Parliament and of the Council (32) (‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030. |

Text proposed by the Commission

Amendment

(4)

In Regulation (EU) 2021/1119 of the European Parliament and of the Council (32) (‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030.

| (4) | In Regulation (EU) 2021/1119 of the European Parliament and of the Council (32) (‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050
  at the latest and the aim to achieve negative emissions thereafter.
  That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030.
  Furthermore, it establishes that when implementing the target, swift and predictable emission reductions are to be given priority and, at the same time, removals by natural sinks are to be enhanced. The contribution of net removals to the 2030 target is limited to 225 million tonnes of CO2 equivalent, while the rest of the target has to be achieved through direct emissions reductions. |
| --- | --- |

(4)

In Regulation (EU) 2021/1119 of the European Parliament and of the Council (32) (‘European Climate Law’), the Union has enshrined into legislation the target of economy-wide climate neutrality by 2050
  at the latest and the aim to achieve negative emissions thereafter.
  That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030.
  Furthermore, it establishes that when implementing the target, swift and predictable emission reductions are to be given priority and, at the same time, removals by natural sinks are to be enhanced. The contribution of net removals to the 2030 target is limited to 225 million tonnes of CO2 equivalent, while the rest of the target has to be achieved through direct emissions reductions.

Amendment 8

Proposal for a regulation

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | In order to implement those commitments as well as the
  Union’s
  contributions under the Paris Agreement (33) adopted under the UNFCCC, the Union regulatory framework to achieve the greenhouse gas emission reduction target should be adapted. |

Text proposed by the Commission

Amendment

(5)

In order to implement those commitments as well as the
  Union’s
  contributions under the Paris Agreement (33) adopted under the UNFCCC, the Union regulatory framework to achieve the greenhouse gas emission reduction target should be adapted.

| (5) | In order to implement those commitments as well as the
  nationally determined Union
  contributions under the Paris Agreement (33) adopted under the UNFCCC, the Union regulatory framework to achieve the greenhouse gas emission reduction target should be adapted. |
| --- | --- |

(5)

In order to implement those commitments as well as the
  nationally determined Union
  contributions under the Paris Agreement (33) adopted under the UNFCCC, the Union regulatory framework to achieve the greenhouse gas emission reduction target should be adapted.

Amendment 9

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | While emissions trading will also apply to greenhouse gas emissions from road and maritime transport as well as buildings, the scope of Regulation (EU) 2018/842 will be maintained. Regulation (EU) 2018/842 will therefore continue applying to the greenhouse gas emissions from domestic navigation, but not to those from international navigation. Greenhouse gas emissions of a Member State within the scope of Regulation (EU) 2018/842 to be taken into account for compliance checks will continue to be determined upon upon completion of inventory reviews in accordance with Regulation (EU) 2018/1999 of the European Parliament and the Council (34). |

Text proposed by the Commission

Amendment

(7)

While emissions trading will also apply to greenhouse gas emissions from road and maritime transport as well as buildings, the scope of Regulation (EU) 2018/842 will be maintained. Regulation (EU) 2018/842 will therefore continue applying to the greenhouse gas emissions from domestic navigation, but not to those from international navigation. Greenhouse gas emissions of a Member State within the scope of Regulation (EU) 2018/842 to be taken into account for compliance checks will continue to be determined upon upon completion of inventory reviews in accordance with Regulation (EU) 2018/1999 of the European Parliament and the Council (34).

| (7) | While emissions trading may also apply to greenhouse gas emissions from road and maritime transport as well as buildings, the scope of Regulation (EU) 2018/842 will be maintained. Regulation (EU) 2018/842 will therefore continue applying to the greenhouse gas emissions from domestic navigation, but not to those from international navigation. Greenhouse gas emissions of a Member State within the scope of Regulation (EU) 2018/842 to be taken into account for compliance checks will continue to be determined upon upon completion of inventory reviews in accordance with Regulation (EU) 2018/1999 of the European Parliament and the Council (34).
  However, the emissions of some sectors in past years have either increased or remained stable
  . |
| --- | --- |

(7)

While emissions trading may also apply to greenhouse gas emissions from road and maritime transport as well as buildings, the scope of Regulation (EU) 2018/842 will be maintained. Regulation (EU) 2018/842 will therefore continue applying to the greenhouse gas emissions from domestic navigation, but not to those from international navigation. Greenhouse gas emissions of a Member State within the scope of Regulation (EU) 2018/842 to be taken into account for compliance checks will continue to be determined upon upon completion of inventory reviews in accordance with Regulation (EU) 2018/1999 of the European Parliament and the Council (34).
  However, the emissions of some sectors in past years have either increased or remained stable
  .

Amendment 10

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | In its conclusions of 11 December 2020 the European Council mentioned that the 2030 target will be delivered collectively by the Union in the most cost-effective manner possible, that all Member States will participate in this effort, taking into account considerations of fairness and solidarity, while leaving no one behind, and that the new 2030 target needs to be achieved in a way that preserves the Union’s competitiveness and takes account of Member States’ different starting points and specific national circumstances and emission reduction potential, including those of island Member States and islands, as well as efforts made. |

Text proposed by the Commission

Amendment

(9)

In its conclusions of 11 December 2020 the European Council mentioned that the 2030 target will be delivered collectively by the Union in the most cost-effective manner possible, that all Member States will participate in this effort, taking into account considerations of fairness and solidarity, while leaving no one behind, and that the new 2030 target needs to be achieved in a way that preserves the Union’s competitiveness and takes account of Member States’ different starting points and specific national circumstances and emission reduction potential, including those of island Member States and islands, as well as efforts made.

| (9) | In its conclusions of 11 December 2020 the European Council mentioned that the 2030 target will be delivered collectively by the Union in the most cost-effective manner possible, that all Member States will participate in this effort, taking into account considerations of fairness and solidarity, while leaving no one behind, and that the new 2030 target needs to be achieved in a way that preserves the Union’s competitiveness and takes account of Member States’ different starting points
  , emission reductions already achieved,
  and specific national circumstances and emission reduction potential, including those of island Member States and islands, as well as efforts made. |
| --- | --- |

(9)

In its conclusions of 11 December 2020 the European Council mentioned that the 2030 target will be delivered collectively by the Union in the most cost-effective manner possible, that all Member States will participate in this effort, taking into account considerations of fairness and solidarity, while leaving no one behind, and that the new 2030 target needs to be achieved in a way that preserves the Union’s competitiveness and takes account of Member States’ different starting points
  , emission reductions already achieved,
  and specific national circumstances and emission reduction potential, including those of island Member States and islands, as well as efforts made.

Amendment 11

Proposal for a regulation

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | Beyond 2030, it is necessary that the Union and each Member State reach the Union-wide climate-neutrality objective by 2050 at the latest with the aim to achieve negative emissions thereafter. Regulation (EU) 2018/842 should ensure that all Member States are brought on emissions trajectories, and adopt concrete long-term policies, that lead to the accomplishment of that objective. |

Text proposed by the Commission

Amendment

(9a)

Beyond 2030, it is necessary that the Union and each Member State reach the Union-wide climate-neutrality objective by 2050 at the latest with the aim to achieve negative emissions thereafter. Regulation (EU) 2018/842 should ensure that all Member States are brought on emissions trajectories, and adopt concrete long-term policies, that lead to the accomplishment of that objective.

Amendment 12

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | In order to achieve the target of reducing greenhouse gas emissions by 55 %,
  the
  sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach - 40 % in 2030, compared to 2005 levels. |

Text proposed by the Commission

Amendment

(10)

In order to achieve the target of reducing greenhouse gas emissions by 55 %,
  the
  sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach - 40 % in 2030, compared to 2005 levels.

| (10) | In order to
  implement the Union's commitments under the Paris Agreement and
  achieve the target of reducing greenhouse gas emissions by
  at least
  55 %,
  all
  sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach - 40 % in 2030, compared to 2005 levels. |
| --- | --- |

(10)

In order to
  implement the Union's commitments under the Paris Agreement and
  achieve the target of reducing greenhouse gas emissions by
  at least
  55 %,
  all
  sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach - 40 % in 2030, compared to 2005 levels.

Amendment 13

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | For that purpose, the greenhouse gas emission reduction target for 2030 needs to be revised for each Member State. The revision of the greenhouse gas emission reduction target
  should use
  the same methodology that was followed when Regulation (EU) 2018/842 was first adopted, where the national contributions were determined in consideration of the different capacities and cost-efficiency opportunities in Member States so to ensure a fair and balanced distribution of the effort. The reduction of the maximum greenhouse gas emissions for each Member State in 2030 should thus be determined in relation to the level of its 2005 reviewed greenhouse gas emissions covered by this Regulation, excluding verified greenhouse gas emissions from installations that operated in 2005 and which were only included in the emission trading system of the Union after 2005. |

Text proposed by the Commission

Amendment

(11)

For that purpose, the greenhouse gas emission reduction target for 2030 needs to be revised for each Member State. The revision of the greenhouse gas emission reduction target
  should use
  the same methodology that was followed when Regulation (EU) 2018/842 was first adopted, where the national contributions were determined in consideration of the different capacities and cost-efficiency opportunities in Member States so to ensure a fair and balanced distribution of the effort. The reduction of the maximum greenhouse gas emissions for each Member State in 2030 should thus be determined in relation to the level of its 2005 reviewed greenhouse gas emissions covered by this Regulation, excluding verified greenhouse gas emissions from installations that operated in 2005 and which were only included in the emission trading system of the Union after 2005.

| (11) | For that purpose, the greenhouse gas emission reduction target for 2030 needs to be revised for each Member State. The revision of the greenhouse gas emission reduction target
  uses
  the same methodology that was followed when Regulation (EU) 2018/842 was first adopted, where the national contributions were determined in consideration of the different capacities and cost-efficiency opportunities in Member States so to ensure a fair and balanced distribution of the effort.
  The distribution of Member State targets nevertheless do not converge, which should be considered when evaluating how the national targets contribute to the objective of climate neutrality by 2050 at the latest in a cost-effective and fair manner.
  The reduction of the maximum greenhouse gas emissions for each Member State in 2030 should thus be determined in relation to the level of its 2005 reviewed greenhouse gas emissions covered by this Regulation, excluding verified greenhouse gas emissions from installations that operated in 2005 and which were only included in the emission trading system of the Union after 2005. |
| --- | --- |

(11)

For that purpose, the greenhouse gas emission reduction target for 2030 needs to be revised for each Member State. The revision of the greenhouse gas emission reduction target
  uses
  the same methodology that was followed when Regulation (EU) 2018/842 was first adopted, where the national contributions were determined in consideration of the different capacities and cost-efficiency opportunities in Member States so to ensure a fair and balanced distribution of the effort.
  The distribution of Member State targets nevertheless do not converge, which should be considered when evaluating how the national targets contribute to the objective of climate neutrality by 2050 at the latest in a cost-effective and fair manner.
  The reduction of the maximum greenhouse gas emissions for each Member State in 2030 should thus be determined in relation to the level of its 2005 reviewed greenhouse gas emissions covered by this Regulation, excluding verified greenhouse gas emissions from installations that operated in 2005 and which were only included in the emission trading system of the Union after 2005.

Amendment 14

Proposal for a regulation

Recital 11 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (11a) | The communication of the Commission of 14 October 2020 on an EU strategy to reduce methane emissions highlighted that methane is a powerful greenhouse gas, second only to carbon dioxide in its overall contribution to climate change. On a molecular level, methane is more powerful than carbon dioxide. Although methane remains for a shorter time in the atmosphere than carbon dioxide, it has a significant effect on the climate. In September 2021, the Union and the United States announced the Global Methane Pledge, to which more than 100 countries in total have since joined. The signatories of the pledge aim to achieve by 2030 the collective goal of reducing global methane emissions by at least 30 % from 2020 levels and enhance reporting standards. Methane, nitrous oxide and so-called F-gases together account for over 20 % of the Union’s greenhouse gas emissions. Given those commitments and the short-lived nature of many of those greenhouse gases, it is appropriate to lay down one or more Union targets for all non-CO2 greenhouse gas emissions in all sectors. |

Text proposed by the Commission

Amendment

(11a)

The communication of the Commission of 14 October 2020 on an EU strategy to reduce methane emissions highlighted that methane is a powerful greenhouse gas, second only to carbon dioxide in its overall contribution to climate change. On a molecular level, methane is more powerful than carbon dioxide. Although methane remains for a shorter time in the atmosphere than carbon dioxide, it has a significant effect on the climate. In September 2021, the Union and the United States announced the Global Methane Pledge, to which more than 100 countries in total have since joined. The signatories of the pledge aim to achieve by 2030 the collective goal of reducing global methane emissions by at least 30 % from 2020 levels and enhance reporting standards. Methane, nitrous oxide and so-called F-gases together account for over 20 % of the Union’s greenhouse gas emissions. Given those commitments and the short-lived nature of many of those greenhouse gases, it is appropriate to lay down one or more Union targets for all non-CO2 greenhouse gas emissions in all sectors.

Amendment 15

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions.
  Due to those uncertainties,
  it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocations. |

Text proposed by the Commission

Amendment

(13)

The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions.
  Due to those uncertainties,
  it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocations.

| (13) | The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever,
  aiming to ensure a green recovery while
  also having a potential impact on the level of emissions. It is appropriate
  to maintain a stable, predictable and ambitious regulatory emissions pathway throughout the ongoing decade in order to ensure both the necessary emissions reductions and planning security. |
| --- | --- |

(13)

The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever,
  aiming to ensure a green recovery while
  also having a potential impact on the level of emissions. It is appropriate
  to maintain a stable, predictable and ambitious regulatory emissions pathway throughout the ongoing decade in order to ensure both the necessary emissions reductions and planning security.

Amendments 16 and 55

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | It is therefore appropriate to update in 2025 the annual emission allocations for the years 2026 to 2030. This should be based on a comprehensive review of the national inventory data carried out by the Commission in order to determine the average of the greenhouse gas emissions of each Member State during the years 2021, 2022 and 2023. |

Text proposed by the Commission

Amendment

(14)

It is therefore appropriate to update in 2025 the annual emission allocations for the years 2026 to 2030. This should be based on a comprehensive review of the national inventory data carried out by the Commission in order to determine the average of the greenhouse gas emissions of each Member State during the years 2021, 2022 and 2023.

deleted

Amendment 17

Proposal for a regulation

Recital 14 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (14a) | In accordance with Regulation (EU) 2021/1119, priority should be given to reductions in direct emissions, which will have to be complemented by increased CO2 removals in order to achieve climate neutrality. Regulation (EU) 2021/1119 recognises that carbon sinks include natural and technological solutions. The role of technological solutions for carbon removal has also been addressed in several reports of the Intergovernmental Panel on Climate Change, in particular in the Working Group III contribution to the Sixth Assessment Report. It is important that a Union scheme for the certification of safely and permanently stored carbon removals through technological solutions is put in place, offering clarity for Member States and market operators to enhance such removals. When such a certification scheme is in force, an analysis can be made about the accounting of such removals under Union law, including whether the accounting of such removals affects the emissions covered by Regulation (EU) 2018/842, in full respect of conditions set out in Article 4(1) of Regulation (EU) 2021/1119. Such removals are additional and do not offset the necessary reductions in emissions in accordance with the Union climate targets laid down in Regulation (EU) 2021/1119. |

Text proposed by the Commission

Amendment

(14a)

In accordance with Regulation (EU) 2021/1119, priority should be given to reductions in direct emissions, which will have to be complemented by increased CO2 removals in order to achieve climate neutrality. Regulation (EU) 2021/1119 recognises that carbon sinks include natural and technological solutions. The role of technological solutions for carbon removal has also been addressed in several reports of the Intergovernmental Panel on Climate Change, in particular in the Working Group III contribution to the Sixth Assessment Report. It is important that a Union scheme for the certification of safely and permanently stored carbon removals through technological solutions is put in place, offering clarity for Member States and market operators to enhance such removals. When such a certification scheme is in force, an analysis can be made about the accounting of such removals under Union law, including whether the accounting of such removals affects the emissions covered by Regulation (EU) 2018/842, in full respect of conditions set out in Article 4(1) of Regulation (EU) 2021/1119. Such removals are additional and do not offset the necessary reductions in emissions in accordance with the Union climate targets laid down in Regulation (EU) 2021/1119.

Amendment 18

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | Under Regulation (EU) 2018/842, the cancellation of a limited quantity of emission allowances in the European Union emission trading system may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost-effective reduction potential, is
  is
  therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Union on emission reductions. |

Text proposed by the Commission

Amendment

(15)

Under Regulation (EU) 2018/842, the cancellation of a limited quantity of emission allowances in the European Union emission trading system may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost-effective reduction potential, is
  is
  therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Union on emission reductions.

| (15) | Under Regulation (EU) 2018/842, the cancellation of a limited quantity of emission allowances in the European Union emission trading system may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost-effective reduction potential, is therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Union on emission reductions.
  The Member States entitled to this flexibility but which did not make use of it in the 2019 context of Regulation (EU) 2018/842, should be given the possibility to revise that decision to take account of the newly proposed national reduction targets. The Member States concerned should also be allowed to revise their notified percentages more often. |
| --- | --- |

(15)

Under Regulation (EU) 2018/842, the cancellation of a limited quantity of emission allowances in the European Union emission trading system may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost-effective reduction potential, is therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Union on emission reductions.
  The Member States entitled to this flexibility but which did not make use of it in the 2019 context of Regulation (EU) 2018/842, should be given the possibility to revise that decision to take account of the newly proposed national reduction targets. The Member States concerned should also be allowed to revise their notified percentages more often.

Amendment 19

Proposal for a regulation

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | In order to ensure and incentivise compliance by Member States with respect to their minimum contributions for the period from 2021 to 2030 under Regulation (EU) 2018/842 as amended, corrective actions should be strengthened and more closely connected to the integrated national energy and climate plans under Regulation (EU) 2018/1999. If a Member State exceeds its annual emission allocations during two successive years, that Member State should revise its integrated national energy and climate plan submitted to it in accordance with Regulation (EU) 2018/1999, while giving the public a possibility to participate in the process. |

Text proposed by the Commission

Amendment

(16a)

In order to ensure and incentivise compliance by Member States with respect to their minimum contributions for the period from 2021 to 2030 under Regulation (EU) 2018/842 as amended, corrective actions should be strengthened and more closely connected to the integrated national energy and climate plans under Regulation (EU) 2018/1999. If a Member State exceeds its annual emission allocations during two successive years, that Member State should revise its integrated national energy and climate plan submitted to it in accordance with Regulation (EU) 2018/1999, while giving the public a possibility to participate in the process.

Amendment 20

Proposal for a regulation

Recital 16 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16b) | The Union and the Member States are parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (‘the Aarhus Convention’)

   (1a)

  . Public scrutiny and access to justice are an essential part of the democratic values of the Union and a tool to safeguard the rule of law. In the communication of the Commission of 14 October 2020 on improving access to justice in environmental matters in the EU and its Member States’, the Commission recognised that access to justice is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in sectoral legislation. It is therefore appropriate to lay down a provision to ensure the public’s access to justice for the actions implementing Regulation (EU) 2018/842 as amended. |

Text proposed by the Commission

Amendment

(16b)

The Union and the Member States are parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (‘the Aarhus Convention’)

   (1a)

  . Public scrutiny and access to justice are an essential part of the democratic values of the Union and a tool to safeguard the rule of law. In the communication of the Commission of 14 October 2020 on improving access to justice in environmental matters in the EU and its Member States’, the Commission recognised that access to justice is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in sectoral legislation. It is therefore appropriate to lay down a provision to ensure the public’s access to justice for the actions implementing Regulation (EU) 2018/842 as amended.

Amendment 21

Proposal for a regulation

Recital 16 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16c) | In order to achieve the objectives under Regulation (EU) 2018/842 as amended and other Union legislation, particularly those under Regulation (EU) 2021/1119, the Union and its Member States should make use of the latest science while implementing policies. The advice of the European Scientific Advisory Board on Climate Change, established by Article 3 of Regulation (EU) 2021/1119, should therefore be considered throughout Regulation (EU) 2018/842 as amended, as appropriate. |

Text proposed by the Commission

Amendment

(16c)

In order to achieve the objectives under Regulation (EU) 2018/842 as amended and other Union legislation, particularly those under Regulation (EU) 2021/1119, the Union and its Member States should make use of the latest science while implementing policies. The advice of the European Scientific Advisory Board on Climate Change, established by Article 3 of Regulation (EU) 2021/1119, should therefore be considered throughout Regulation (EU) 2018/842 as amended, as appropriate.

Amendment 22

Proposal for a regulation

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | The setting of more ambitious targets under Regulation (EU) 2018/841 will decrease the capacity of Member States to generate net removals that can be used for compliance under Regulation (EU) 2018/842. In addition, the split of the use of the LULUCF flexibility into two separate time periods, will further limit the availability of net removals for the purpose of compliance with Regulation (EU) 2018/842. As a result, some Member States may face challenges in meeting their targets under Regulation (EU) 2018/842, while some Member States, the same or other, may generate net removals that cannot be used for compliance with Regulation (EU) 2018/842. As long as the Union objectives as set out in Article 3 of Regulation (EU) 2021/1119 are met, in particular with regard to the maximum limit of the contribution of net removals, it is appropriate to create a new voluntary mechanism, in the form of an additional reserve, that will help adhering Member States to comply with their obligations. |

Text proposed by the Commission

Amendment

(18)

The setting of more ambitious targets under Regulation (EU) 2018/841 will decrease the capacity of Member States to generate net removals that can be used for compliance under Regulation (EU) 2018/842. In addition, the split of the use of the LULUCF flexibility into two separate time periods, will further limit the availability of net removals for the purpose of compliance with Regulation (EU) 2018/842. As a result, some Member States may face challenges in meeting their targets under Regulation (EU) 2018/842, while some Member States, the same or other, may generate net removals that cannot be used for compliance with Regulation (EU) 2018/842. As long as the Union objectives as set out in Article 3 of Regulation (EU) 2021/1119 are met, in particular with regard to the maximum limit of the contribution of net removals, it is appropriate to create a new voluntary mechanism, in the form of an additional reserve, that will help adhering Member States to comply with their obligations.

deleted

Amendment 23

Proposal for a regulation

Recital 18 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18a) | Given the long-term dimension of effective climate protection set out in Regulation (EU) 2021/1119 and the Union’s commitment to the objectives of the Paris Agreement, clarity about Member States’ individual long-term reduction pathways beyond 2030 would allow for more accurate policy planning. It is therefore appropriate to include a process setting national reduction pathways for each Member State for climate neutrality by 2050 at the latest. |

Text proposed by the Commission

Amendment

(18a)

Given the long-term dimension of effective climate protection set out in Regulation (EU) 2021/1119 and the Union’s commitment to the objectives of the Paris Agreement, clarity about Member States’ individual long-term reduction pathways beyond 2030 would allow for more accurate policy planning. It is therefore appropriate to include a process setting national reduction pathways for each Member State for climate neutrality by 2050 at the latest.

Amendment 24

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 (new)

Regulation (EU) 2018/842

Title

| Present text | Amendment |
| --- | --- |
| | (-1) | The title is replaced by the following: |

Present text

Amendment

(-1)

Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation(EU) No 525/2013

| | ‘Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030
  and beyond
  contributing to climate action to meet commitments under the Paris Agreement and amending Regulation(EU) No 525/2013’ |
| --- | --- |

‘Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030
  and beyond
  contributing to climate action to meet commitments under the Paris Agreement and amending Regulation(EU) No 525/2013’

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Article 1 — paragraph 1 — point 1

Regulation (EU) 2018/842

Article 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | In
  Article 1
  , ‘30 %’
  is replaced by
  ‘40 %’
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1)

In
  Article 1
  , ‘30 %’
  is replaced by
  ‘40 %’
  ;

In

, ‘30 %’

‘40 %’

| (1) | Article 1 is replaced by
  the following:




  ‘This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 towards fulfilling the Union’s target of reducing its greenhouse gas emissions by 40 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation. It contributes to the long-term target of climate neutrality in the Union by 2050 at the latest, with the aim to achieve negative emissions thereafter. It thereby contributes to achieving the objectives of Regulation (EU) 2021/1119 and the Paris Agreement. This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions and paves the way for the setting of post-2030 Union’s greenhouse gas emissions reduction targets in the sectors covered by Article 2 of this Regulation.’ |
| --- | --- |

(1)

Article 1 is replaced by
  the following:

the following:

‘This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 towards fulfilling the Union’s target of reducing its greenhouse gas emissions by 40 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation. It contributes to the long-term target of climate neutrality in the Union by 2050 at the latest, with the aim to achieve negative emissions thereafter. It thereby contributes to achieving the objectives of Regulation (EU) 2021/1119 and the Paris Agreement. This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions and paves the way for the setting of post-2030 Union’s greenhouse gas emissions reduction targets in the sectors covered by Article 2 of this Regulation.’

‘This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 towards fulfilling the Union’s target of reducing its greenhouse gas emissions by 40 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation. It contributes to the long-term target of climate neutrality in the Union by 2050 at the latest, with the aim to achieve negative emissions thereafter. It thereby contributes to achieving the objectives of Regulation (EU) 2021/1119 and the Paris Agreement. This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions and paves the way for the setting of post-2030 Union’s greenhouse gas emissions reduction targets in the sectors covered by Article 2 of this Regulation.’

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 2 a (new)

Article 1 — paragraph 1 — point 2 a (new)

Regulation (EU) 2018/842

Article 2 — paragraph 1a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (2a) | In Article 2, the following paragraph is inserted:





  ‘1a.
     
  For the purpose of this Regulation, only biofuels, bioliquids, and biomass fuels which comply with the sustainability and greenhouse gas emission savings criteria established by Directive (EU) 2018/2001 of the European Parliament and of the Council

   (1a)

  can be considered to have zero emissions. If the share of biofuels and bioliquids, as well as the share of biomass fuels consumed in transport, that is produced from food and feed crops is higher than the maximum share established in Article 26 of Directive (EU) 2018/2001, those fuels and liquids shall not be considered to have zero emissions for the purpose of this Regulation. By January 2024, the Commission shall, where appropriate, present to the European Parliament and the Council a legislative proposal to amend the rules concerning the greenhouse gas emissions determination and reporting requirements enshrined in the Regulation (EU) 2018/1999 pursuant to this Article.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(2a)

(2a)

In Article 2, the following paragraph is inserted:

‘1a.
     
  For the purpose of this Regulation, only biofuels, bioliquids, and biomass fuels which comply with the sustainability and greenhouse gas emission savings criteria established by Directive (EU) 2018/2001 of the European Parliament and of the Council

   (1a)

  can be considered to have zero emissions. If the share of biofuels and bioliquids, as well as the share of biomass fuels consumed in transport, that is produced from food and feed crops is higher than the maximum share established in Article 26 of Directive (EU) 2018/2001, those fuels and liquids shall not be considered to have zero emissions for the purpose of this Regulation. By January 2024, the Commission shall, where appropriate, present to the European Parliament and the Council a legislative proposal to amend the rules concerning the greenhouse gas emissions determination and reporting requirements enshrined in the Regulation (EU) 2018/1999 pursuant to this Article.’

Amendments 27 and 57cp and 75

Amendments 27 and 57cp and 75

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3

Article 1 — paragraph 1 — point 3

Regulation (EU) 2018/842

Article 4 — paragraphs 2 and 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | In Article 4, paragraphs 2 and 3 are replaced by the following: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3)

In Article 4, paragraphs 2 and 3 are replaced by the following:

| (3) | In Article 4, paragraphs 2 and 3 are replaced by the following: |
| --- | --- |

(3)

In Article 4, paragraphs 2 and 3 are replaced by the following:

‘2.   Subject to the flexibilities provided for in Articles 5, 6 and 7 of this Regulation and the adjustment pursuant to its Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions:

‘2.   Subject to the flexibilities provided for in Articles 5, 6 and 7 of this Regulation and the adjustment pursuant to its Article 10(2) and taking into account any deduction resulting from the application of Article 7 of Decision No 406/2009/EC, each Member State shall ensure that its greenhouse gas emissions:

| (a) | do not exceed, in the years 2021 and 2022, the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 2016, 2017 and 2018, as set out pursuant to paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in column 1 of Annex I to this Regulation. The linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State; |
| --- | --- |

(a)

do not exceed, in the years 2021 and 2022, the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 2016, 2017 and 2018, as set out pursuant to paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in column 1 of Annex I to this Regulation. The linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State;

| (a) | do not exceed, in the years 2021 and 2022, the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 2016, 2017 and 2018, as set out pursuant to paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in column 1 of Annex I to this Regulation. The linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State |
| --- | --- |

(a)

do not exceed, in the years 2021 and 2022, the limit defined by a linear trajectory, starting on the average of its greenhouse gas emissions during 2016, 2017 and 2018, as set out pursuant to paragraph 3 of this Article, and ending in 2030 at the limit set for that Member State in column 1 of Annex I to this Regulation. The linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State

| (b) | do not exceed, in the years 2023
  , 2024 and 2025
  , the limit defined by a linear trajectory
  starting in 2022 at the annual emission allocation for that Member State,
  as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation; |
| --- | --- |

(b)

do not exceed, in the years 2023
  , 2024 and 2025
  , the limit defined by a linear trajectory
  starting in 2022 at the annual emission allocation for that Member State,
  as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;

, 2024 and 2025

starting in 2022 at the annual emission allocation for that Member State,

| (b) | do not exceed, in the years 2023
  to 2030
  , the limit defined by a linear trajectory
  on the average of its greenhouse gas emissions during 2016, 2017, and 2018,
  as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;
  The linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State; |
| --- | --- |

(b)

do not exceed, in the years 2023
  to 2030
  , the limit defined by a linear trajectory
  on the average of its greenhouse gas emissions during 2016, 2017, and 2018,
  as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;
  The linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State;

to 2030

on the average of its greenhouse gas emissions during 2016, 2017, and 2018,

The linear trajectory of a Member State shall start either at five-twelfths of the distance from 2019 to 2020 or in 2020, whichever results in a lower allocation for that Member State;

| (c) | do not exceed, in the years 2026 to 2030, the limit defined by a linear trajectory starting in 2024, at the average of its greenhouse gas emissions during the years 2021, 2022 and 2023, as submitted by the Member State pursuant to Article 26 of Regulation (EU) 2018/1999, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation. |
| --- | --- |

(c)

(c)

do not exceed, in the years 2026 to 2030, the limit defined by a linear trajectory starting in 2024, at the average of its greenhouse gas emissions during the years 2021, 2022 and 2023, as submitted by the Member State pursuant to Article 26 of Regulation (EU) 2018/1999, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation.

do not exceed, in the years 2026 to 2030, the limit defined by a linear trajectory starting in 2024, at the average of its greenhouse gas emissions during the years 2021, 2022 and 2023, as submitted by the Member State pursuant to Article 26 of Regulation (EU) 2018/1999, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation.

3.   The Commission shall adopt implementing acts setting out the annual emission allocations for each Member State for the years from 2021 to 2030 in tonnes of CO

  2

  equivalent in accordance with the linear trajectories set out in paragraph 2.

3.   The Commission shall adopt implementing acts
  following close consultation with Member States,
  setting out the annual emission allocations for each Member State for the years from 2021 to 2030 in tonnes of CO

  2

  equivalent in accordance with the linear trajectories set out in paragraph 2.

For the years 2021 and 2022, it shall determine the annual emission allocations based on a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by the Member States pursuant to Article 7 of Regulation (EU) No 525/2013 and indicate the value for the 2005 greenhouse gas emissions of each Member State used to determine those annual emission allocations.

For the years 2021 and 2022, it shall determine the annual emission allocations based on a comprehensive review of the most recent national inventory data for the years 2005 and 2016 to 2018 submitted by the Member States pursuant to Article 7 of Regulation (EU) No 525/2013 and indicate the value for the 2005 greenhouse gas emissions of each Member State used to determine those annual emission allocations.

For the years 2023
  , 2024 and 2025
  , it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in the second subparagraph.

, 2024 and 2025

For the years 2023
  to 2030
  , it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and the reviewed values of the national inventory data for the years 2016, 2017 and 2018 referred to in the second subparagraph.

to 2030

For the years 2026 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and on a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999.’

For the years 2026 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and on a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999.’

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 a (new)

Article 1 — paragraph 1 — point 3 a (new)

Regulation (EU) 2018/842

Article 4 — paragraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a) | In Article 4, the following paragraph is added:




  ‘5a.
     
  The actions undertaken to limit the greenhouse gas emissions as set out in paragraphs 1, 2 and 3 shall be implemented in line with a fair and just transition for all. The Commission shall adopt common guidelines identifying methods to support Member States in implementing that fair and just transition for all.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3a)

(3a)

In Article 4, the following paragraph is added:

‘5a.
     
  The actions undertaken to limit the greenhouse gas emissions as set out in paragraphs 1, 2 and 3 shall be implemented in line with a fair and just transition for all. The Commission shall adopt common guidelines identifying methods to support Member States in implementing that fair and just transition for all.’

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 b (new)

Article 1 — paragraph 1 — point 3 b (new)

Regulation (EU) 2018/842

Article 4a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3b) | The following Article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3b)

(3b)

The following Article is inserted:

‘Article 4a

‘Article 4a

Minimum emissions reduction contribution from non-C02 greenhouse gases for 2030

Minimum emissions reduction contribution from non-C02

1.
     
  By July 2023, the Commission shall, where appropriate, present to the European Parliament and the Council a legislative proposal setting one or more Union-wide targets for the reduction of non-CO2 emissions covered by Article 2(1) of this Regulation by 2030. The target or targets shall be aligned with estimated emission reductions necessary for the fulfilment of the target set in Article 1 of this Regulation and the objective set in Article 2 of Regulation (EU) 2021/1119 and shall be proposed following close consultation with the Scientific Advisory Board on Climate Change..

2.
     
  By 31 July 2023, the Commission shall submit a report to the European Parliament and the Council, assessing the Union-wide non-CO2 emissions reductions planned and implemented under relevant Union and national laws and policies, including the integrated national energy and climate plans pursuant to Regulation (EU) 2018/1999 and the Common Agricultural Policy Strategic Plans pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council

   (1a)

  . Where the Commission presents a legislative proposal pursuant to paragraph 1 and assesses that the non-CO2 emission reductions are not expected to reach the target or targets referred to in that paragraph, the Commission shall make recommendations for additional mitigation measures and Member States shall take appropriate actions.

3.
     
  If the Commission concludes, in the report referred to in paragraph 2 of this Article or in in its annual assessment under Article 26 of Regulation (EU) 2018/1999, that the Union is not making sufficient progress towards meeting the minimum emission contribution as regards the non-CO2 emissions pursuant to Article 1 of this Regulation, the Commission shall, where appropriate, present legislative proposals to the European Parliament and the Council, which may include sectoral targets or sector specific measures, or both, to that effect.’

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 c (new)

Article 1 — paragraph 1 — point 3 c (new)

Regulation (EU) 2018/842

Article 5 — paragraphs 1 and 2

| Present text | Amendment |
| --- | --- |
| | (3c) | In Article 5, paragraphs 1 and 2 are replaced by the following: |

Present text

Present text

Amendment

Amendment

(3c)

(3c)

In Article 5, paragraphs 1 and 2 are replaced by the following:

1.   In respect of the years 2021 to
  2025
  , a Member State may borrow a quantity of up to
  10
   % from its annual emission allocation for the following year.

‘1.   In respect of the years 2021 to
  2029
  , a Member State may borrow a quantity of up to
  5
   % from its annual emission allocation for the following year.’

2.
     
  In respect of the years 2026 to 2029, a Member State may borrow a quantity of up to 5 % from its annual emission allocation for the following year.

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 d (new)

Article 1 — paragraph 1 — point 3 d (new)

Regulation (EU) 2018/842

Article 5 — paragraph 3 — point a

| Present text | Amendment |
| --- | --- |
| | (3d) | In Article 5(3),point (a) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3d)

(3d)

In Article 5(3),point (a) is replaced by the following:

| (a) | in respect of the year 2021, bank that excess part of its annual emission allocation to subsequent years until
  2030;
  and |
| --- | --- |

(a)

in respect of the year 2021, bank that excess part of its annual emission allocation to subsequent years until
  2030;
  and

2030;

| ‘(a) | in respect of the year 2021, bank
  the
  excess part of its annual emission allocation
  up to a level of 5 % of its annual emission allocation
  to subsequent years until
  2025
  ; and’ |
| --- | --- |

‘(a)

in respect of the year 2021, bank
  the
  excess part of its annual emission allocation
  up to a level of 5 % of its annual emission allocation
  to subsequent years until
  2025
  ; and’

the

up to a level of 5 % of its annual emission allocation

2025

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 e (new)

Article 1 — paragraph 1 — point 3 e (new)

Regulation (EU) 2018/842

Article 5 — paragraph 3 — point (b)

| Present text | Amendment |
| --- | --- |
| | (3e) | In Article 5(3), point (b) is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3e)

(3e)

In Article 5(3), point (b) is replaced by the following:

| (b) | in respect of the years 2022 to
  2029
  , bank the excess part of its annual emission allocation up to a level of
  30
  % of its annual emission allocations up to that year to subsequent years until
  2030
  . |
| --- | --- |

(b)

in respect of the years 2022 to
  2029
  , bank the excess part of its annual emission allocation up to a level of
  30
  % of its annual emission allocations up to that year to subsequent years until
  2030
  .

2029

30

2030

| ‘(b) | in respect of the years 2022 to
  2024
  , bank the excess part of its annual emission allocation up to a level of
  10
  % of its annual emission allocations up to that year to subsequent years until
  2025’. |
| --- | --- |

‘(b)

in respect of the years 2022 to
  2024
  , bank the excess part of its annual emission allocation up to a level of
  10
  % of its annual emission allocations up to that year to subsequent years until
  2025’.

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 f(new)

Article 1 — paragraph 1 — point 3 f(new)

Regulation (EU) 2018/842

Article 5– paragraph 3 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3f) | In Article 5(3) the following point is added:









  ‘(ba) | in respect of the years 2026 to 2029, bank the excess part of its annual emission allocation up to a level of 10 % of its annual emission allocations up to that year to subsequent years until 2030.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(3f)

(3f)

In Article 5(3) the following point is added:

‘(ba)

‘(ba)

in respect of the years 2026 to 2029, bank the excess part of its annual emission allocation up to a level of 10 % of its annual emission allocations up to that year to subsequent years until 2030.’

in respect of the years 2026 to 2029, bank the excess part of its annual emission allocation up to a level of 10 % of its annual emission allocations up to that year to subsequent years until 2030.’

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 g (new)

Article 1 — paragraph 1 — point 3 g (new)

Regulation (EU) 2018/842

Article 5 — paragraph 4

| Present text | Amendment |
| --- | --- |
| | (3g) | In Article 5, paragraph 4 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3g)

(3g)

In Article 5, paragraph 4 is replaced by the following:

4.   A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2021 to 2025
  , and up to 10 % in respect of the years 2026 to 2030
  . The receiving Member State may use that quantity for compliance under Article 9 for the given year or for subsequent years until
  2030
  .

‘4.   A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2021 to 2025. The receiving Member State may use that quantity for compliance under Article 9 for the given year or for subsequent years until
  2025
  .

A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2026 to 2030. The receiving Member State may use that quantity for compliance under Article 9 for the given year or for subsequent years until 2030.

A Member State may transfer up to 5 % of its annual emission allocation for a given year to other Member States in respect of the years 2026 to 2030. The receiving Member State may use that quantity for compliance under Article 9 for the given year or for subsequent years until 2030.

Member States shall inform the Commission of any actions taken pursuant to this paragraph, and the transfer price per tonne of CO2 equivalent.’

Member States shall inform the Commission of any actions taken pursuant to this paragraph, and the transfer price per tonne of CO2

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 h (new)

Article 1 — paragraph 1 — point 3 h (new)

Regulation (EU) 2018/842

Article 5 — paragraph 6

| Present text | Amendment |
| --- | --- |
| | (3h) | In Article 5, paragraph 6 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3h)

(3h)

In Article 5, paragraph 6 is replaced by the following:

Member States
  may
  use revenues generated by transfers of annual emission allocations pursuant to paragraphs 4 and 5 to tackle climate change in the Union or in third countries. Member States shall inform the Commission of any actions taken pursuant to this paragraph.

may

‘Member States
  shall
  use revenues generated by transfers of annual emission allocations pursuant to paragraphs 4 and 5 to tackle climate change in the Union or in third countries. Member States shall inform the Commission of any actions taken pursuant to this paragraph
  and shall make this information public in an easily accessible form
  .
  A Member State which transfers annual emissions allocations to another Member State shall publish the record of the transfer and make public the remuneration received for those allocations.’

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 3 i (new)

Article 1 — paragraph 1 — point 3 i (new)

Regulation (EU) 2018/842

Article 6 — paragraph 3 — subparagraph 2

| Present text | Amendment |
| --- | --- |
| | (3i) | In Article 6(3), subparagraph 2 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(3i)

(3i)

In Article 6(3), subparagraph 2 is replaced by the following:

The Member States listed in Annex II may decide to revise the notified percentage downwards once in 2024 and once in 2027. In such case, the Member State concerned shall notify the Commission thereof by 31 December 2024 or by 31 December 2027, respectively.

‘The Member States listed in Annex II may decide
  to revise their notification decision by 2023 and
  to revise the notified percentage downwards once in 2024 and once in 2027. In such case, the Member State concerned shall notify the Commission thereof by 31 December
  2023


  , by


  31 December
  2024 or by 31 December 2027, respectively.’

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 5 a (new)

Article 1 — paragraph 1 — point 5 a (new)

Regulation (EU) 2018/842

Article 8

| Present text | Amendment |
| --- | --- |
| | (5a) | Article 8 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(5a)

(5a)

Article 8 is replaced by the following:

Article 8

Article 8

Corrective action

Corrective action

1.   If the Commission finds, in its annual assessment under Article
  21
  of Regulation (EU)
  No 525/2013
  and taking into account the intended use of the flexibilities referred to in Articles 5, 6 and 7 of this Regulation, that a Member State is not making sufficient progress towards meeting its obligations under Article 4 of this Regulation, that Member State shall, within three months, submit to the Commission a corrective action plan that includes:

‘1.   If the Commission finds, in its annual assessment under Article
  29
  of Regulation (EU)
  2018/1999
  and taking into account the intended use of the flexibilities referred to in Articles 5, 6 and 7 of this Regulation, that a Member State is not making sufficient progress towards meeting its obligations under Article 4 of this Regulation, that Member State shall, within three months, submit to the Commission a corrective action plan that includes:

| (-a) | a detailed explanation identifying the reasons for which the Member State is failing to make sufficient progress towards meeting its obligations under Article 4 of this Regulation; |
| --- | --- |

(-a)

(-a)

a detailed explanation identifying the reasons for which the Member State is failing to make sufficient progress towards meeting its obligations under Article 4 of this Regulation;

| (-ab) | the total amount of Union funding the Member State has received for spending and investments related to climate and the green transition, how the use of that funding has contributed to meeting its obligations under Article 4 of this Regulation, and how it intends to use such funding for the purpose of meeting those obligations; |
| --- | --- |

(-ab)

(-ab)

the total amount of Union funding the Member State has received for spending and investments related to climate and the green transition, how the use of that funding has contributed to meeting its obligations under Article 4 of this Regulation, and how it intends to use such funding for the purpose of meeting those obligations;

| (a) | additional actions that the Member State shall implement in order to meet its specific obligations under Article 4 of this Regulation, through domestic policies and measures and the implementation of Union action; |
| --- | --- |

(a)

additional actions that the Member State shall implement in order to meet its specific obligations under Article 4 of this Regulation, through domestic policies and measures and the implementation of Union action;

| (a) | additional actions that the Member State shall implement in order to meet its specific obligations under Article 4 of this Regulation, through domestic policies and measures and the implementation of Union action; |
| --- | --- |

(a)

additional actions that the Member State shall implement in order to meet its specific obligations under Article 4 of this Regulation, through domestic policies and measures and the implementation of Union action;

| (b) | a strict timetable for implementing such actions, which enables the assessment of annual progress in implementation. |
| --- | --- |

(b)

a strict timetable for implementing such actions, which enables the assessment of annual progress in implementation.

| (b) | a strict timetable for implementing such actions, which enables the assessment of annual progress in implementation;
  where a Member State has established a national climate advisory body, it shall seek the advice of this body to identify necessary actions
  ; |
| --- | --- |

(b)

a strict timetable for implementing such actions, which enables the assessment of annual progress in implementation;
  where a Member State has established a national climate advisory body, it shall seek the advice of this body to identify necessary actions
  ;

where a Member State has established a national climate advisory body, it shall seek the advice of this body to identify necessary actions

| (ba) | a statement of the quantity of additional emission reductions which the Member State estimates will be achieved by those policies and the method used to estimate those additional emission reductions; |
| --- | --- |

(ba)

(ba)

a statement of the quantity of additional emission reductions which the Member State estimates will be achieved by those policies and the method used to estimate those additional emission reductions;

a statement of the quantity of additional emission reductions which the Member State estimates will be achieved by those policies and the method used to estimate those additional emission reductions;

| (bb) | how the corrective action plan will strengthen the Member State’s integrated national energy and climate plan adopted under Regulation (EU) 2018/1999. |
| --- | --- |

(bb)

(bb)

how the corrective action plan will strengthen the Member State’s integrated national energy and climate plan adopted under Regulation (EU) 2018/1999.

how the corrective action plan will strengthen the Member State’s integrated national energy and climate plan adopted under Regulation (EU) 2018/1999.

1a.
     
  If a Member State exceeds its annual emission allocation in two or more consecutive years it shall undertake a review of its integrated national energy and climate plan and its long-term strategy under Regulation (EU) 2018/1999. The Member State shall complete that review within 6 months. The Commission shall issue recommendations identifying how the integrated national energy and climate plan or national long-term strategy, or both, is to be revised. The Member State shall notify the revised plans to the Commission together with a statement setting out how the proposed revisions are to remedy non-compliance with the its annual emission allocations and how it has responded to the Commission’s recommendations where relevant. If the integrated national energy and climate plan or long-term strategy remains substantially unaltered, the Member State shall publish an explanation setting out its reasoning.

2.   In accordance with its annual work programme, the European Environment Agency shall assist the Commission in its work to assess any
  such
  corrective action plans.

2.   In accordance with its annual work programme, the European Environment Agency
  and the Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119
  shall assist the Commission in its work to assess any corrective action plans.

3.   The Commission
  may
  issue an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall in that case do so within four months of receipt of those plans. The Member State concerned shall take utmost account of the Commission’s opinion and
  may
  revise its corrective action plan
  accordingly
  .

3.   The Commission
  shall
  issue an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall in that case do so within four months of receipt of those plans. The Member State concerned shall take utmost account of the Commission’s opinion and
  shall
  revise its corrective action plan
  . If the Member State concerned does not address the recommendation or a substantial part thereof, that Member State shall provide a justification to the Commission
  .

3a.
     
  The corrective action plans and Commission opinions as well as answers and justifications received from Member States referred to in paragraphs 1, 1a and 3 shall be accessible to the public.

3b.
     
  When updating their integrated national energy and climate plan under Article 14 of Regulation (EU) 2018/1999, Member States shall make references to their corrective action plans pursuant to paragraphs 1 and 1a and any opinions issued by the Commission under this Article, as appropriate.’

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 6

Article 1 — paragraph 1 — point 6

Regulation (EU) 2018/842

Article 9 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   If the greenhouse gas emissions of a Member State in the period from 2021 to 2025 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years. | ‘2.   If the greenhouse gas emissions of a Member State in
  either
  the period from 2021 to 2025
  or the period from 2026 to 2030
  referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years.’ |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   If the greenhouse gas emissions of a Member State in the period from 2021 to 2025 referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years.

‘2.   If the greenhouse gas emissions of a Member State in
  either
  the period from 2021 to 2025
  or the period from 2026 to 2030
  referred to in Article 4 of Regulation (EU) 2018/841 exceeded its removals, as determined in accordance with Article 12 of that Regulation, the Central Administrator shall deduct from that Member State’s annual emission allocations an amount equal to those excess greenhouse gas emissions in tonnes of CO2 equivalent for the relevant years.’

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 7

Article 1 — paragraph 1 — point 7

Regulation (EU) 2018/842

Article 11a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7)

(7)

The following article is inserted:

deleted

deleted

Article 11a

Article 11a

Additional reserve

Additional reserve

1.
     
  If, by 2030, the Union has reduced net greenhouse gas emissions by at least 55 % compared to 1990 levels in compliance with Article 3 of Regulation (EU) 2021/1119 of the European Parliament and of the Council

   (**)

  , and taking into account the maximum limit of the contribution of net removals, an additional reserve shall be established in the Union Registry.

2.
     
  Member States which decide to neither contribute nor benefit from the additional reserve shall notify their decision to the Commission no later than six months after the entry into force of this Regulation.

3.
     
  The additional reserve shall consist of the net removals that participating Member States have generated in the period 2026 to 2030 in excess of their respective targets pursuant to Regulation (EU) 2018/841, after deduction of both of the following:

| (a) | any flexibilities used under Articles 11 to 13b of Regulation (EU) 2018/841; |
| --- | --- |

(a)

(a)

any flexibilities used under Articles 11 to 13b of Regulation (EU) 2018/841;

any flexibilities used under Articles 11 to 13b of Regulation (EU) 2018/841;

| (b) | the quantities taken into account for compliance pursuant to Article 7 of this Regulation. |
| --- | --- |

(b)

(b)

the quantities taken into account for compliance pursuant to Article 7 of this Regulation.

the quantities taken into account for compliance pursuant to Article 7 of this Regulation.

4.
     
  If an additional reserve is set up pursuant to paragraph 1, a participating Member State may benefit from it if the following conditions are fulfilled:

| (a) | the greenhouse gas emissions of the Member State exceed its annual emission allocations in the period from 2026 to 2030; |
| --- | --- |

(a)

(a)

the greenhouse gas emissions of the Member State exceed its annual emission allocations in the period from 2026 to 2030;

the greenhouse gas emissions of the Member State exceed its annual emission allocations in the period from 2026 to 2030;

| (b) | the Member State has exhausted the flexibilities pursuant to Article 5(2) and (3); |
| --- | --- |

(b)

(b)

the Member State has exhausted the flexibilities pursuant to Article 5(2) and (3);

the Member State has exhausted the flexibilities pursuant to Article 5(2) and (3);

| (c) | the Member State has made the maximum use possible of net removals in accordance with Article 7, even if that quantity does not reach the level set in Annex III; and |
| --- | --- |

(c)

(c)

the Member State has made the maximum use possible of net removals in accordance with Article 7, even if that quantity does not reach the level set in Annex III; and

the Member State has made the maximum use possible of net removals in accordance with Article 7, even if that quantity does not reach the level set in Annex III; and

| (d) | the Member State has made no net transfers to other Member States under Article 5. |
| --- | --- |

(d)

(d)

the Member State has made no net transfers to other Member States under Article 5.

the Member State has made no net transfers to other Member States under Article 5.

5.
     
  If a Member States fulfils the conditions set out in paragraph 4, it shall receive an additional quantity from the additional reserve up to its shortfall to be used for compliance under Article 9.

If the resulting collective quantity to be received by all of the Member States which fulfil the conditions set out in paragraph 4 of this Article exceeds the quantity allocated to the additional reserve under paragraph 3 of this Article, the quantity to be received by each of those Member States shall be reduced on a pro rata basis.

If the resulting collective quantity to be received by all of the Member States which fulfil the conditions set out in paragraph 4 of this Article exceeds the quantity allocated to the additional reserve under paragraph 3 of this Article, the quantity to be received by each of those Member States shall be reduced on a pro rata basis.

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 7 a (new)

Article 1 — paragraph 1 — point 7 a (new)

Regulation (EU) 2018/842

Article 15

| Present text | Amendment |
| --- | --- |
| | (7a) | Article 15 is replaced by the following: |

Present text

Present text

Amendment

Amendment

(7a)

(7a)

Article 15 is replaced by the following:

Article 15

Article 15

Review

Review

1.   This Regulation shall be kept under review taking into account, inter alia, evolving national circumstances, the manner in which all sectors of the economy contribute to the reduction of greenhouse gas emissions, international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement.

‘1.   This Regulation shall be kept under review taking into account, inter alia, evolving national circumstances, the manner in which all sectors of the economy contribute to the reduction of greenhouse gas emissions, international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement
  and Regulation (EU) 2021/1119
  .

2.   The Commission shall submit a report to the European Parliament and to the Council, within six months of each global stocktake agreed under Article 14 of the Paris Agreement, on the operation of this Regulation, including the balance between supply and demand for annual emission allocations, as well as on the contribution of this Regulation to the Union’s overall 2030 greenhouse gas emission reduction
  target
  and its contribution to the goals of the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of the necessary greenhouse gas emission reductions by the Union and its Member States, including a post-2030 framework, and may make proposals if appropriate.

2.   The Commission shall submit a report to the European Parliament and to the Council, within six months of each global stocktake agreed under Article 14 of the Paris Agreement, on the operation of this Regulation, including the balance between supply and demand for annual emission allocations, as well as on the contribution of this Regulation to the Union’s
  climate-neutrality objective and the Union's intermediate climate targets pursuant to Articles 2 and 4 of Regulation (EU) 2021/1119
  and its contribution to the goals of the Paris Agreement, in particular with regard to the need for additional Union policies and measures in view of the necessary greenhouse gas emission reductions by the Union and its Member States, including a post-2030 framework, and may make proposals if appropriate.

Those reports shall take into account the strategies prepared pursuant to Article
  4
  of Regulation (EU)
  No 525/2013
  with a view to contributing to the formulation of a long-term Union strategy.

4

No 525/2013

Those reports shall take into account the strategies prepared pursuant to Article
  15
  of Regulation (EU)
  2018/1999
  with a view to contributing to the formulation of a long-term Union strategy.’

15

2018/1999

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 7 b (new)

Article 1 — paragraph 1 — point 7 b (new)

Regulation (EU) 2018/842

Article 15a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7b) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7b)

(7b)

The following article is inserted:

‘Article 15a

‘Article 15a

Alignment with Union and Member State climate-neutrality objective

Alignment with Union and Member State climate-neutrality objective

1.
     
  By the adoption of the legislative act establishing the Union’s 2040 climate target pursuant to Article 4(3) of Regulation (EU) 2021/1119, the Commission shall submit a report to the European Parliament and the Council which sets out:

| (a) | the suitability of the current national targets under Annex I of this Regulation as regards their contribution to achieving the objective of climate neutrality by 2050 at the latest under Regulation (EU) 2021/1119 in a cost-effective and fair manner; |
| --- | --- |

(a)

(a)

the suitability of the current national targets under Annex I of this Regulation as regards their contribution to achieving the objective of climate neutrality by 2050 at the latest under Regulation (EU) 2021/1119 in a cost-effective and fair manner;

the suitability of the current national targets under Annex I of this Regulation as regards their contribution to achieving the objective of climate neutrality by 2050 at the latest under Regulation (EU) 2021/1119 in a cost-effective and fair manner;

| (b) | a reduction pathway for each Member State of the greenhouse gas emissions covered by this Regulation that is compatible with the objective of climate neutrality for each Member State by 2050 at the latest. |
| --- | --- |

(b)

(b)

a reduction pathway for each Member State of the greenhouse gas emissions covered by this Regulation that is compatible with the objective of climate neutrality for each Member State by 2050 at the latest.

a reduction pathway for each Member State of the greenhouse gas emissions covered by this Regulation that is compatible with the objective of climate neutrality for each Member State by 2050 at the latest.

2.
     
  Within six months of the publication of the report referred to in paragraph 1, the Commission shall make proposals to limit greenhouse gas emissions for the sectors covered by this Regulation. Those proposals shall ensure the cost-effective and fair distribution of reduction efforts across the Union based on the reduction pathways referred to in paragraph 1, point (b).’

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 7 c (new)

Article 1 — paragraph 1 — point 7 c (new)

Regulation (EU) 2018/842

Article 15b (new)

| Present text | Amendment |
| --- | --- |
| | (7c) | The following article is inserted: |

Present text

Present text

Amendment

Amendment

(7c)

(7c)

The following article is inserted:

‘Article 15b

‘Article 15b

Access to justice

Access to justice

1.
     
  Member States shall ensure that, in accordance with their national legal system, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions:

| (a) | that fail to comply with the legal obligations provided for in Articles 4 to 8 of this Regulation; or |
| --- | --- |

(a)

(a)

that fail to comply with the legal obligations provided for in Articles 4 to 8 of this Regulation; or

that fail to comply with the legal obligations provided for in Articles 4 to 8 of this Regulation; or

| (b) | that are subject to Article 10 of Regulation (EU) 2018/1999. |
| --- | --- |

(b)

(b)

that are subject to Article 10 of Regulation (EU) 2018/1999.

that are subject to Article 10 of Regulation (EU) 2018/1999.

For the purposes of this paragraph, an act or omission that fails to comply with legal obligations arising under Articles 4 or 8 includes an act or omission with respect to a policy or measure adopted for the purposes of implementing those obligations, where that policy or measure fails to make a sufficient contribution to such implementation.

For the purposes of this paragraph, an act or omission that fails to comply with legal obligations arising under Articles 4 or 8 includes an act or omission with respect to a policy or measure adopted for the purposes of implementing those obligations, where that policy or measure fails to make a sufficient contribution to such implementation.

2.
     
  Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where:

| (a) | they have sufficient interest; or |
| --- | --- |

(a)

(a)

they have sufficient interest; or

they have sufficient interest; or

| (b) | they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. |
| --- | --- |

(b)

(b)

they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition.

they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition.

What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph.

What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph.

3.
     
  Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive.

4.
     
  Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.’

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1 — point 7 d (new)

Regulation (EU) 2018/842

Article 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7d) | The following article is inserted: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7d)

(7d)

The following article is inserted:

‘Article 16a

Scientific advice regarding ESR/CARE sectors

In line with its mandate set out under Article 3(2) of Regulation (EU) 2021/1119, the European Scientific Advisory Board on Climate Change (ESABCC) shall be invited, on its own initiative, to provide scientific advice and issue reports on the trajectory of this Regulation, annual emissions levels and flexibilities, and their consistency with the climate objectives, in particular with a view to informing any subsequent revision of the this Regulation. The Commission shall take due account of the ESABCC’s advice or publicly justify the reasons for disregarding it.’

---

(*)  References to ‘cp’ in the headings of adopted amendments shall be understood as the corresponding part of those amendments.

*

(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0163/2022).

1

(31)  Commission Communication — The European Green Deal, COM(2019)0640 of 11 December 2019.

31

(31)  Commission Communication — The European Green Deal, COM(2019)0640 of 11 December 2019.

31

(31a)  
  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

31a

Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

(32)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

32

(32)  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

32

(33)  Paris Agreement (OJ L 282, 19.10.2016, p. 4).

33

(33)  Paris Agreement (OJ L 282, 19.10.2016, p. 4).

33

(34)  Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

34

(34)  Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).

34

(1a)  

  OJ L 124, 17.5.2005, p. 4.

1a

OJ L 124, 17.5.2005, p. 4.

(1a)  
  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable source
  (

  OJ L 328, 21.12.2018, p. 82).

1a

Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable source

OJ L 328, 21.12.2018, p. 82).

(1a)  
  Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

1a

Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).

(**)  
  Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

**

Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).

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