Sittings · Document
Establishing the Temporary Decarbonisation Fund
10.9.2026 A10-0202/94
Amendment 94
Stanisław Tyszka, Marcin Sypniewski, Volker Schnurrbusch, Marc Jongen
on behalf of the ESN Group
Report A10-0202/2026
Pascal Canfin
Establishing the Temporary Decarbonisation Fund
(COM(2025)0990 – C10-0353/2025 – 2025/0418(COD))
Proposal for a regulation
Article 6 – paragraph 3
| Text proposed by the Commission | Amendment |
| (3) The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph. | (3) The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the methodology for the indicator referred to in paragraph 2 for determining the heightened remaining risk of carbon leakage, as well as the application procedure referred to in that paragraph. These delegated acts may not establish a list of additional eligible goods or lay down additional conditions for the receipt of financial support. Any decision taken under paragraph 2 shall be limited to the specific case in question and shall not result in any amendment to the Annex. Any amendment to the Annex shall require a legislative act adopted under the ordinary legislative procedure. |
Or. de
Justification
The eligibility criteria and payment conditions constitute essential elements of the Regulation. Paragraph 2 already provides for a specific procedure governing individual requests from Member States concerning unlisted goods. The delegated powers should therefore be limited to the technical methodology and procedure and should not enable the Commission to create new categories of beneficiaries or impose additional conditions.
10.9.2026 A10-0202/95
Amendment 95
Anja Arndt, Marc Jongen, Volker Schnurrbusch, Marcin Sypniewski
on behalf of the ESN Group
Report A10-0202/2026
Pascal Canfin
Establishing the Temporary Decarbonisation Fund
(COM(2025)0990 – C10-0353/2025 – 2025/0418(COD))
Proposal for a regulation
Article 6 – paragraph 3
| Text proposed by the Commission | Amendment |
| (3) The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph. | (3) The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation solely by establishing an objective and verifiable indicator for determining the heightened remaining risk of carbon leakage referred to in paragraph 2, a list of goods determined on the basis of that indicator, and the procedure for Member States to submit a reasoned request set out in paragraph 2. Delegated acts must not be used to lay down any additional eligibility criteria for operators that exceed the conditions set out in Article 7. |
Or. de
Justification
Key eligibility criteria must be set by the legislator. The Commission must not subsequently restrict access to the Fund by imposing further substantive conditions.
10.9.2026 A10-0202/96
Amendment 96
Stanisław Tyszka, Volker Schnurrbusch, Marc Jongen
on behalf of the ESN Group
Report A10-0202/2026
Pascal Canfin
Establishing the Temporary Decarbonisation Fund
(COM(2025)0990 – C10-0353/2025 – 2025/0418(COD))
Proposal for a regulation
Article 7 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| (1a) Notwithstanding paragraph 1, an economic operator or downstream economic operator shall receive financial support from the Fund if they provide the competent authority with evidence of the CO₂ costs incurred in connection with eligible goods and have a valid energy audit or a certified energy or environmental management system, without having to fulfil any further conditions under this Article, provided that the support applied for does not exceed EUR 500 000. Small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC are not required to submit a climate neutrality plan or a transition plan in order to receive support under this Regulation. |
Or. de
Justification
Der Rechnungshof stellte fest, dass die Bedingungen für die Förderung denen entsprechen, die bereits für die kostenlose Zuteilung für die Jahre 2026 und 2027 gelten, und dass Zahlungen, die auf der historischen Produktion basieren, an sich keine neuen Investitionen finanzieren. Wenn das zutrifft, sorgt die Konditionalität nicht für die Additionalität, die sie angeblich gewährleisten soll, sondern nur für mehr Verwaltungsaufwand. Für einen kleinen Betreiber können die Kosten für die Erstellung eines Klimaneutralitätsplans fast den Wert der Förderung selbst erreichen. Dieser Änderungsantrag lässt die allgemeine Regelung unberührt und schafft einen verhältnismäßigen Weg für kleinere Anträge, bei denen der Verwaltungsaufwand am größten und der politische Ertrag am geringsten ist.
10.9.2026 A10-0202/97
Amendment 97
Anja Arndt, Marc Jongen, Volker Schnurrbusch, Marcin Sypniewski
on behalf of the ESN Group
Report A10-0202/2026
Pascal Canfin
Establishing the Temporary Decarbonisation Fund
(COM(2025)0990 – C10-0353/2025 – 2025/0418(COD))
Proposal for a regulation
Article 7 – paragraph 3
| Text proposed by the Commission | Amendment |
| (3) Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation. | (3) Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator provides the competent authority with a legally binding commitment to carry out investments in the facility in question or in infrastructure directly linked to its operation. The commitment must be backed up by a contract or other verifiable evidence of a financial commitment. The total value of the investments must be at least equal to the amount of support applied for. The investments must seek to improve the facility’s energy or resource efficiency to reduce greenhouse gas emissions from production, whilst also contributing to safeguarding competitiveness and maintaining or expanding industrial production capacity within the Union. During the assessment, neither specific technologies nor specific energy sources may be prescribed or excluded, provided that the aforementioned conditions are met. |
Or. de
Justification
The funding is to be coupled to specific investments, without committing companies to a climate neutrality plan assessed by the Commission or any specific technologies. At the same time, the link to the purpose of the funding is maintained.
10.9.2026 A10-0202/98
Amendment 98
Anja Arndt, Marc Jongen, Volker Schnurrbusch
on behalf of the ESN Group
Report A10-0202/2026
Pascal Canfin
Establishing the Temporary Decarbonisation Fund
(COM(2025)0990 – C10-0353/2025 – 2025/0418(COD))
Proposal for a regulation
Article 7 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
| (3a) The final beneficiary shall continue to operate the subsidised facility and the relevant production capacity associated with the support within the Union for at least five years following the final payment. Should the subsidised production be relocated to a third country, the financial support shall be clawed back on a pro rata basis. Operational shutdowns resulting from force majeure or a final and binding official order shall remain unaffected. |
Or. de
Justification
State aid must serve to safeguard industrial production in Europe over the long term. Any subsequent relocation to third countries must not be paid for out of the Fund.
10.9.2026 A10-0202/99
Amendment 99
Anja Arndt, Marc Jongen, Volker Schnurrbusch
on behalf of the ESN Group
Report A10-0202/2026
Pascal Canfin
Establishing the Temporary Decarbonisation Fund
(COM(2025)0990 – C10-0353/2025 – 2025/0418(COD))
Proposal for a regulation
Article 8 – paragraph 2 – point c – introductory part
| Text proposed by the Commission | Amendment |
| (c) for operators seeking to meet the conditionality requirements of Article 7(3) both of the following: | (c) for operators seeking to meet the requirements of Article 7(3) both of the following: |
Or. de
Justification
Article 7(3) is no longer subject to the requirement for a climate neutrality plan. The corresponding obligations to provide evidence set out in Article 8 must therefore be amended. Otherwise, the climate neutrality plan, report and additional certification would remain necessary despite the amended eligibility criteria. Verifiable investment documentation must be held to be sufficient.
10.9.2026 A10-0202/100
Amendment 100
Anja Arndt, Marc Jongen, Volker Schnurrbusch
on behalf of the ESN Group
Report A10-0202/2026
Pascal Canfin
Establishing the Temporary Decarbonisation Fund
(COM(2025)0990 – C10-0353/2025 – 2025/0418(COD))
Proposal for a regulation
Article 8 – paragraph 2 – point c – point i
| Text proposed by the Commission | Amendment |
| (i) a verified climate-neutrality report in accordance with Article 3b of Implementing Regulation (EU) 2019/1842 that has been verified as satisfactory in accordance with Commission Implementing Regulation (EU) 2018/206722; or for operators submitting a climate neutrality plan for the first time, a climate neutrality plan for their activities covered by Directive 2003/87/EC in accordance with Implementing Regulation (EU) 2023/2441; | (i) Proof of the legally binding investment commitment; |
| _________________ | |
| 22 Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94, ELI: http://data.europa.eu/eli/reg_impl/2018/2067/oj). |
Or. de
Justification
Article 7(3) is no longer subject to the requirement for a climate neutrality plan. The corresponding obligations to provide evidence set out in Article 8 must therefore be amended. Otherwise, the climate neutrality plan, report and additional certification would remain necessary despite the amended eligibility criteria. Verifiable investment documentation must be held to be sufficient.