REPORT on the proposal for a decision of the European Parliament and of the Council concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC
2.3.2015 - (COM(2014)0020 – C8‑0016/2014 – 2014/0011(COD)) - ***I
Committee on the Environment, Public Health and Food Safety
Rapporteur: Ivo Belet
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a decision of the European Parliament and of the Council concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amending Directive 2003/87/EC
(COM(2014)0020 – C8‑0016/2014 – 2014/0011(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM (2014)0020),
– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0016/2014),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 4 June 2014[1],
– having regard to the opinion of the Committee of the Regions[2],
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A8-0029/2015),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1 Proposal for a decision Recital -1 (new) | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 2 Proposal for a decision Recital 1 a (new) | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
|
(1a) In the light of the need to maintain the incentives in the Unions's ETS during the negotiations on Directive 2012/27/EU of the European Parliament and of the Council1a, the Commission came forward with a declaration to examine options, including among others the permanent withholding of the necessary amount of allowances, for action with a view to adopting as soon as possible further appropriate structural measures to strengthen the ETS during phase 3, and make it more effective. | ||||||||||||||||||||||||
|
__________________ | ||||||||||||||||||||||||
|
1a Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1). | ||||||||||||||||||||||||
Amendment 3 Proposal for a decision Recital 2 | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 4 Proposal for a decision Recital 3 | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 5 Proposal for a decision Recital 3 a (new) | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 6 Proposal for a decision Recital 3 b (new) | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 7 Proposal for a decision Recital 4 | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 8 Proposal for a decision Recital 5 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
(5) Articles 10 and 13(2) of Directive 2003/87/EC should therefore be amended accordingly, |
(5) Directive 2003/87/EC should therefore be amended accordingly, | ||||||||||||||||||||||||
Justification | |||||||||||||||||||||||||
There is no need to refer to specific articles which are to be amended. | |||||||||||||||||||||||||
Amendment 9 Proposal for a decision Article 1 – paragraph 1 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
1. A market stability reserve is established, and shall operate from 1 January 2021. |
1. A market stability reserve is established in 2018 and shall operate by 31 December 2018. | ||||||||||||||||||||||||
Amendment 10 Proposal for a decision Article 1 – paragraph 1 a (new) | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 11 Proposal for a decision Article 1 – paragraph 1 b (new) | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 12 Proposal for a decision Article 1 – paragraph 2 | |||||||||||||||||||||||||
Text proposed by the Commission |
Amendment | ||||||||||||||||||||||||
2. The Commission shall publish the total number of allowances in circulation each year, by 15 May of the subsequent year. The total number of allowances in circulation for year x shall be the cumulative number of allowances issued in the period since 1 January 2008, including the number issued pursuant to Article 13(2) of Directive 2003/87/EC in that period and entitlements to use international credits exercised by installations under the EU emission trading system in respect of emissions up to 31 December of year x, minus the cumulative tonnes of verified emissions from installations under the EU emission trading system between 1 January 2008 and 31 December of year x, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC and the number of allowances in the reserve. No account shall be taken of emissions during the three-year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions. The first publication shall take place by 15 May 2017. |
2. The Commission shall publish the total number of allowances in circulation each year, by 15 May of the subsequent year. The total number of allowances in circulation for year x shall be the cumulative number of allowances issued in the period since 1 January 2008, including the number issued pursuant to Article 13(2) of Directive 2003/87/EC in that period and entitlements to use international credits exercised by installations under the EU emission trading system in respect of emissions up to 31 December of year x, minus the cumulative tonnes of verified emissions from installations under the EU emission trading system between 1 January 2008 and 31 December of year x, any allowances cancelled in accordance with Article 12(4) of Directive 2003/87/EC and the number of allowances in the reserve. No account shall be taken of emissions during the three-year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions. The first publication shall take place by 15 May 2016. | ||||||||||||||||||||||||
Amendment 13 Proposal for a decision Article 1 – paragraph 3 | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 14 Proposal for a decision Article 2 – paragraph 1 – point 2 Directive 2003/87/EC Article 10 – paragraph 1 | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 15 Proposal for a decision Article 2 – paragraph 1 – point 3 Directive 2003/87/EC Article 10 – paragraph 1a | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 16 Proposal for a decision Article 2 – paragraph 1 – point 3 a (new) Directive 2003/887/EC Article 10 – paragraph 3 – subparagraph 1 – introductory wording | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Justification | |||||||||||||||||||||||||
More precise obligation of how to use the auction revenues will prevent the use of these financial resources to cover state budget deficits. Auction revenues will be then really used to tackle the climate change and to support the transition of the EU to a low carbon economy in accordance with the principles of the Climate and Energy Package from 2008. | |||||||||||||||||||||||||
Amendment 17 Proposal for a decision Article 2 – paragraph 1 – point 3 b (new) Directive 2003/87/EC Article 10 – paragraph 4 – subparagraph 1 a (new) | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 18 Proposal for a decision Article 2 – paragraph 1 – point 3 c (new) Directive 2003/87/EC Article 10a – paragraph 8 – subparagraph 2 a (new) | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 19 Proposal for a decision Article 2 a (new) | |||||||||||||||||||||||||
| |||||||||||||||||||||||||
Amendment 20 Proposal for a decision Article 3 | |||||||||||||||||||||||||
|
EXPLANATORY STATEMENT
Introduction
“A well-functioning, reformed Emission Trading System (ETS) with an instrument to stabilise the market in line with the Commission proposal will be the main European instrument to achieve this [greenhouse gas reduction] target." European Council Conclusions, 23 October 2014.
On 22 January 2014, the Commission presented a proposal for a market stability reserve, together with a communication on the policy framework for climate and energy in the period from 2020 to 2030.
The aim of the Commission proposal is to make structural changes to the emissions trading system (ETS) in order to address the surplus of emission allowances, currently estimated at over 2 billion (which has been building up in the system since 2009 (during phase 2) and to rectify its shortcomings so that it achieves its purpose: “to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner” (Article 1 of the ETS directive).
While the 2020 target for greenhouse gas emissions reductions is guaranteed by the overall emissions cap, the surplus of allowances is undermining the long-term cost-effectiveness of the scheme. The surplus therefore undermines the orderly functioning of the carbon market and crucially the carbon price, thus reducing incentives to invest in low carbon technologies. If the situation is not addressed, the cost of reducing GHG emission reductions will in future increase significantly.
The Commission proposal thus responds to calls made by the European Parliament "to adopt measures to correct the failings of the ETS and to allow it to function as originally envisaged"[1].
The market stability reserve (MSR) proposal would as such correct a structural shortcoming in the original construction of the ETS, which did not allow for flexibility in the supply of allowances to cater for changes to market conditions or to protect the ETS against unexpected and sudden demand shocks. As indicated in the Commission staff working document accompanying the proposal, the current imbalance arose because of a mismatch between the supply of emission allowances, which is fixed due to the nature of the EU ETS as a cap-and-trade system (and was decided in more favourable economic circumstances), and demand for them, which is flexible and impacted by economic cycles, fossil fuel prices, climate policies on renewable energy and energy efficiency and other drivers.
In light of this, your Rapporteur supports the Commission proposal to introduce a market stability reserve (MSR), on the basis that it is a structural reform which will introduce into the ETS Directive itself, rules which will govern fluctuations in the market and in particular the supply of allowances. It will avoid short-term discretionary interventions in the market and provide medium to long-term predictability and stability to industry.
Your Rapporteur believes that such a reform is necessary to maintain the ETS as the cornerstone of the EU's CO2 reduction policy. Not doing so would take the ETS to the brink of collapse (without an investment incentive of the carbon price). This would lead to national initiatives taking over as the major policy instruments for CO2 emissions reductions and thus a "renationalisation" of climate policy. It would cause fragmentation in the internal market, a complex patchwork of EU regulation and even a risk of carbon leakage within the EU.
Back-loaded allowances
Last year Parliament and Council amended the ETS Directive to enable the Commission to postpone the auctioning of 900 million emission allowances until the years 2019 and 2020. In February 2014, the Commission then adopted a Regulation to adapt the auctioning timetable for the third trading period of the ETS so that 300 and 600 million allowances were "back-loaded" to years 2019 and 2020 respectively.
As indicated above, the aim of this proposed reform of the ETS is to provide predictability and stability to the market. It would therefore be illogical if the back-loaded allowances were to come back onto the market in years 2019 and 2020 only to have them placed in the reserve again over time during the fourth trading period. This would cause unnecessary market distortion and would be inconsistent with the overall aim of reducing the surplus.
Also, as several stakeholders have pointed to the value of the back-loaded allowances in the light of improved carbon leakage provisions after 2020, such as ideas with regard to a more dynamic allocation (cfr infra), it seems unwise to re-inject these allowances onto the market.
, Your rapporteur therefore proposes to put the back-loaded allowances directly into the reserve.
Carbon leakage
While this proposal addresses problems regarding the oversupply of allowances for auctioning, it does not tackle the issues that exist with regard to the free allocation of allowances or the carbon leakage provisions.
Recently the current carbon leakage regime was continued until 2020. On 24 September 2014 the Environment, Public Health and Food Safety Committee of the Parliament supported the proposed Commission decision on determining the list of sectors deemed to be exposed to a significant risk of carbon leakage for the period 2015-2019. The assessment underlying that decision continued using an assumed allowance price of EUR 30, although the actual carbon price is considerably lower. This price assumption was however underpinned by the proposed establishment of a market stability reserve and of the 40% greenhouse gas emission reduction target for 2030.
The Commission impact assessment shows that the impact of the market stability reserve, even if it starts operating before 2020, would be limited. Allowances will most likely remain within the carbon price levels on which carbon leakage provisions for energy-intensive industry are based until 2020. With an average GDP growth (of 1,8%), market analysts expect a price of 30 euro only by 2027.
Your rapporteur acknowledges the need to give certainty to industry that they will remain protected against carbon leakage after 2020. It is therefore important to highlight the European Council Conclusions of 23 October 2014 that give industry the reassurance that "free allocation will not expire" and that "existing measures will continue after 2020 to prevent the risk of carbon leakage due to climate policy, as long as no comparable efforts are undertaken in other major economies, with the objective of providing appropriate levels of support for sectors at risk of losing international competitiveness".
The Commission has already started its consultations on proposals for post-2020 carbon leakage provisions, including improvements to the existing regime. These proposals are interlinked with the MSR, but largely transcend the systemic error of market imbalances that is aimed to be fixed by the MSR.
Your rapporteur believes that further debate on improving the allocation of free allowances is certainly needed, in particular with regard to changing production levels and guarantees that the most efficient installations should not face undue carbon costs leading to carbon leakage.
In line with the European Council's request to ensure a better alignment of allocations with changing production levels and in order not to prejudge or forestall future possibilities of a more dynamic allocation, your rapporteur proposes to put the back-loaded allowances in the MSR. Building upon the guidance of the European Council, the Commission should as soon as possible present its proposals for review of the ETS Directive, including improved carbon leakage provisions.
Investment incentives
Your Rapporteur would also support the allocation of a proportion of the allowances placed in the reserve to be used to invest in low carbon industrial technology and processes.
Operation of the market stability reserve
As regards the operation of the reserve itself, the Commission proposes that:- allowances would be added to the reserve where the total surplus exceeds
833 million allowances (equivalent to 12% of the total number of allowances in circulation in the year x-2); - 100 million allowances would be released from the reserve where the surplus is below 400 million allowances.
These parameters could be under- or over-adjusting the market situation if estimations about hedging are inaccurate. Also, more flexible parameters might be envisaged over time. There are demands for increasing the thresholds, whilst others advocate a slower release of allowances in the reserve. These concerns need to be addressed. Since there is still a substantial degree of uncertainty surrounding those issues, a well-timed review will be necessary.
With regard to the two- year time lag, your Rapporteur considers that the reference to year x-2 will result in a rather slow response time and so believes that the proposal should be amended to address this problem.
List of related stakeholder meetings / events attended with
Provisional closing date: 24.02.2015
Governments and Permanent Representations
- Belgian Permanent Representation
- Danish Permanent Representation
- Dutch Permanent Representation
- French Permanent Representation
- German Permanent Representation
- Italian Environment Minister
- Italian Permanent Representation
- Latvian Permanent Representation
- UK Permanent Representation
- Polish Secretary of State for European Affairs
Industries and non -governmental organisations
- AGC Glass Europe
- Alstom
- Arcelor-Mittal
- Aurubis A.G./ Eurometaux (European Association of Metals)
- BASF
- Belgisch Staalindustrieverbond
- Business Europe
- CAN-Europe
- Carbon Market Watch
- CEFIC
- CEPI (Confederation of European paper industries)
- CEPS (Centre for European Policy Studies / Carbon Market Forum)
- Cembureau (European Cement Association)
- Change Partnership
- Ecofys
- ENECO
- ENEL
- ENI
- E.ON
- ESTA (European Steel Tube Association)
- Eurelectric (Union of the Electricity Industry)
- Eurofer (The European Steel Association)
- Eurometaux (European Association of Metals)
- European Energy Forum
- EWEA (European Wind Energy Association)
- Essencia (Belgian chemical industry)
- Exxon
- Federacciai (Federation of the Italian Steel Companies)
- ICIS Tschach Solution GmbH (carbon market analysis)
- IIGCC (Institutional Investors Group on Climate Change)
- Glass for Europe
- Greenpeace
- Hydro/Eurometaux (European Association of Metals)
- LSE, Grantham research institute on climate change and the environment
- Mercuria Energy Group
- IETA (International Emissions Trading Association)
- Point Carbon, Thomson Reuters
- Polish Energy Association
- Potsdam Institut für Klimafolgenforschung / Energy Platform of the European Council of Academies of Applied Sciences, Technologies and Engineering
- Sandbag
- Shell
- L'Union Française de l'Electricité (UFE)
- VGI (Federation of Glass industry)
- WWF.
- [1] European Parliament resolution of 15 March 2012 on a Roadmap for moving to a competitive low carbon economy in 2050, P7_TA(2012)0086.
PROCEDURE
Title |
Establishment and operation of a market stability reserve for the Union greenhouse gas emission trading scheme and amendment of Directive 2003/87/EC |
||||
References |
COM(2014)0020 – C7-0016/2014 – 2014/0011(COD) |
||||
Date submitted to Parliament |
22.1.2014 |
|
|
|
|
Committee responsible Date announced in plenary |
ENVI 6.2.2014 |
|
|
|
|
Committees asked for opinions Date announced in plenary |
ECON 6.2.2014 |
ITRE 6.2.2014 |
JURI 6.2.2014 |
|
|
Not delivering opinions Date of decision |
ECON 22.7.2014 |
JURI 3.9.2014 |
|
|
|
Rapporteurs Date appointed |
Ivo Belet 10.7.2014 |
|
|
|
|
Discussed in committee |
5.11.2014 |
3.12.2014 |
21.1.2015 |
|
|
Date adopted |
24.2.2015 |
|
|
|
|
Result of final vote |
+: –: 0: |
58 10 1 |
|||
Members present for the final vote |
Margrete Auken, Pilar Ayuso, Zoltán Balczó, Catherine Bearder, Ivo Belet, Biljana Borzan, Lynn Boylan, Cristian-Silviu Bușoi, Nessa Childers, Birgit Collin-Langen, Mireille D’Ornano, Miriam Dalli, Seb Dance, Angélique Delahaye, Jørn Dohrmann, Ian Duncan, Stefan Eck, Bas Eickhout, Eleonora Evi, José Inácio Faria, Francesc Gambús, Elisabetta Gardini, Enrico Gasbarra, Gerben-Jan Gerbrandy, Jens Gieseke, Sylvie Goddyn, Matthias Groote, Françoise Grossetête, Andrzej Grzyb, Jytte Guteland, György Hölvényi, Anneli Jäätteenmäki, Jean-François Jalkh, Karin Kadenbach, Kateřina Konečná, Giovanni La Via, Peter Liese, Norbert Lins, Valentinas Mazuronis, Susanne Melior, Miroslav Mikolášik, Massimo Paolucci, Piernicola Pedicini, Bolesław G. Piecha, Pavel Poc, Marcus Pretzell, Frédérique Ries, Michèle Rivasi, Daciana Octavia Sârbu, Annie Schreijer-Pierik, Davor Škrlec, Tibor Szanyi, Claudiu Ciprian Tănăsescu, Nils Torvalds, Glenis Willmott, Jadwiga Wiśniewska |
||||
Substitutes present for the final vote |
Paul Brannen, Nicola Caputo, Mark Demesmaeker, Esther Herranz García, Merja Kyllönen, Jo Leinen, József Nagy, Younous Omarjee, Alojz Peterle, Sirpa Pietikäinen, Julia Reid, Bart Staes |
||||
Substitutes under Rule 200(2) present for the final vote |
Andrew Lewer |
||||
Date tabled |
2.3.2015 |
||||