Sittings · Document

Draft report (COM(2025)0990 – 2025/0418(COD)) 2026-05-08

Establishing the Temporary Decarbonisation Fund

Committee on the Environment, Climate and Food Safety

Amendment 39

Anja Arndt, Marc Jongen, Ivan David

Proposal for a regulation

Title 1

Text proposed by the Commission	Amendment
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Temporary Decarbonisation Fund (Text with EEA relevance)	Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the mandatory return of CBAM revenues to Member States and not establishing the Temporary Decarbonisation Fund.

Or. de

Justification

Ensures that revenue is returned to the Member States and prevents further centralisation of competences on industrial policy at EU level.

Amendment 40

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) The Union is committed to achieving climate neutrality by 2050 and reducing net greenhouse gas emissions by at least 55% by 2030, in line with the European Green Deal4and the European Climate Law5. The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256, underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient.	deleted
_________________
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.
5 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 (OJ L 243, 9.7.2021, p. 1, ELI: ttp://data.europa.eu/eli/reg/2021/1119/oj).
6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee ff the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.

Or. fr

Amendment 41

Adrian-George Axinia

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) The Union is committed to achieving climate neutrality by 2050 and reducing net greenhouse gas emissions by at least 55% by 2030, in line with the European Green Deal4 and the European Climate Law5 . The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256 , underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient.	deleted
_________________
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.
5 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 (OJ L 243, 9.7.2021, p. 1, ELI: ttp://data.europa.eu/eli/reg/2021/1119/oj).
6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee ff the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.

Or. en

Amendment 42

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Silvia Sardone

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) The Union is committed to achieving climate neutrality by 2050 and reducing net greenhouse gas emissions by at least 55% by 2030, in line with the European Green Deal4and the European Climate Law5. The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256, underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient.	(1) The Union, by having committed to meeting climate objectives stemming from the European Green Deal, such as achieving climate neutrality by 2050, the Nature Restoration Law objectives, and the Clean Industrial Deal, has given rise to legislative and socio-economic conditions hostile to the expansion, competitiveness, and even the survival of European industry.
_________________
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.
5 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 (OJ L 243, 9.7.2021, p. 1, ELI: ttp://data.europa.eu/eli/reg/2021/1119/oj).
6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee ff the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.

Or. es

Amendment 43

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) The Union is committed to achieving climate neutrality by 2050 and reducing net greenhouse gas emissions by at least 55% by 2030, in line with the European Green Deal4and the European Climate Law5. The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256, underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient.	(1) The Union is committed to achieving climate neutrality by 2050 and reducing net greenhouse gas emissions by at least 55% by 2030, in line with the European Green Deal4 and the European Climate Law5. The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256, underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient, while also maintaining the competitiveness of industrial sectors and averting the risk of carbon leakage.
_________________	_________________
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.	4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.
5 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 (OJ L 243, 9.7.2021, p. 1, ELI: ttp://data.europa.eu/eli/reg/2021/1119/oj).	5 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 (OJ L 243, 9.7.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/1119/oj).
6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee ff the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.	6 Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.

Or. ro

Amendment 44

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) The Union is committed to achieving climate neutrality by 2050 and reducing net greenhouse gas emissions by at least 55% by 2030, in line with the European Green Deal4 and the European Climate Law5 . The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256 , underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient.	(1) The Union is committed to achieving climate neutrality by 2050 and negative emissions thereafter, which includes the objectives of reducing net greenhouse gas emissions by at least 55% by 2030 and 90% by 2040, in line with the European Green Deal4 and the European Climate Law5 . The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256 , underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient.
_________________	_________________
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.	4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.
5 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 (OJ L 243, 9.7.2021, p. 1, ELI: ttp://data.europa.eu/eli/reg/2021/1119/oj).	5 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 (OJ L 243, 9.7.2021, p. 1, ELI: ttp://data.europa.eu/eli/reg/2021/1119/oj).
6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee ff the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.	6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee ff the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.

Or. en

Amendment 45

Sara Matthieu

Proposal for a regulation

Recital 1

Text proposed by the Commission	Amendment
(1) The Union is committed to achieving climate neutrality by 2050 and reducing net greenhouse gas emissions by at least 55% by 2030, in line with the European Green Deal4 and the European Climate Law5 . The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256 , underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient.	(1) The Union is committed to achieving climate neutrality by 2050 at the latest and reducing net greenhouse gas emissions by at least 55% by 2030 and 90% by 2040, in line with the European Green Deal4 and the European Climate Law5 . The Clean Industrial Deal, as set out in the Commission Communication of 26 February 20256 , underscores the need to align industrial competitiveness with climate ambition, ensuring that the transition to a climate-neutral economy is both just and economically resilient.
_________________	_________________
4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.	4 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 December 2019, The European Green Deal, COM(2019) 640 final.
5 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 (OJ L 243, 9.7.2021, p. 1, ELI: ttp://data.europa.eu/eli/reg/2021/1119/oj).	5 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 (OJ L 243, 9.7.2021, p. 1, ELI: ttp://data.europa.eu/eli/reg/2021/1119/oj).
6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee ff the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.	6 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee ff the Regions of 26 February 2025, The Clean Industrial Deal: A joint roadmap for competitiveness and decarbonisation, COM(2025) 85 final.

Or. en

Amendment 46

Sara Matthieu

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) The Union’s environmental objectives, as set out in Article 191 of the Treaty, include preserving and improving the quality of the environment and promoting measures at international level to address global environmental challenges. They are pursued among other things through carbon pricing instruments, such as the Union’s Emission Trading System (‘EU-ETS’) established by Directive 2003/87/EC7 . Where the Union’s international partners have policy approaches that are significantly below the level of the Union’s climate ambition, production in third countries is not subject to comparable carbon constraints. This asymmetry risks incentivising the relocation of production of carbon-intensive goods – a phenomenon known as carbon leakage – which would undermine the attainment of the emission-reduction objectives of Directive 2003/87/EC. Such relocation may ultimately lead to an overall increase in global greenhouse gas emissions, thereby compromising the environmental integrity and effectiveness of the Union climate policy.	(2) The Union’s environmental objectives, as set out in Article 191 of the Treaty, include preserving and improving the quality of the environment and promoting measures at international level to address global environmental challenges. They are pursued among other things through carbon pricing instruments, such as the Union’s Emission Trading System (‘EU-ETS’) established by Directive 2003/87/EC7 . Where the Union’s international partners have policy approaches that are significantly below the level of the Union’s climate ambition, production in third countries is not subject to comparable carbon constraints. This asymmetry risks incentivising the relocation of production of carbon-intensive goods – a phenomenon known as carbon leakage – which would undermine the attainment of the emission-reduction objectives of Directive 2003/87/EC. Such relocation may ultimately lead to an overall increase in global greenhouse gas emissions, thereby compromising the environmental integrity and effectiveness of the Union climate policy. To address that risk, the Union-wide emissions cap has been reduced in a gradual way - with the total amount of available allowances exceeding the total demand at times - , and so has the portion of the emission allowances allocated for free - with some sectors still receiving up to 100% of the allowances for free. Moreover, allowance price spikes have been prevented through the Market Stability Reserve. Instruments, such as indirect cost compensation under the EU ETS and the EU Innovation and Modernisation Funds, have also contributed to alleviating the ETS impact on production costs and to stimulating investments in decarbonisation. Recently amended Union state aid rules have made the conditions for national support for industrial decarbonisation less stringent and more flexible. The new Union multiannual financial framework (MFF) proposal aims at consolidating and increasing support to Union’s industrial decarbonisation through, inter alia, a new European Competitiveness Fund.
_________________	_________________
7 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj).	7 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj).

Or. en

Amendment 47

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Silvia Sardone

Proposal for a regulation

Recital 2

Text proposed by the Commission	Amendment
(2) The Union’s environmental objectives, as set out in Article 191 of the Treaty, include preserving and improving the quality of the environment and promoting measures at international level to address global environmental challenges. They are pursued among other things through carbon pricing instruments, such as the Union’s Emission Trading System (‘EU-ETS’) established by Directive 2003/87/EC7. Where the Union’s international partners have policy approaches that are significantly below the level of the Union’s climate ambition, production in third countries is not subject to comparable carbon constraints. This asymmetry risks incentivising the relocation of production of carbon-intensive goods – a phenomenon known as carbon leakage – which would undermine the attainment of the emission-reduction objectives of Directive 2003/87/EC. Such relocation may ultimately lead to an overall increase in global greenhouse gas emissions, thereby compromising the environmental integrity and effectiveness of the Union climate policy.	(2) The climate targets stemming from the Union's legislation in many cases make European industry unviable, among other things, through European carbon pricing instruments, notably the Union's Emission Trading System ('EU-ETS') established by Directive 2003/87/EC. Meanwhile, the Union’s international partners, such as the Mercosur countries, have much less restrictive policy approaches than the Union in terms of climate, and production in said third countries is not subject to comparable carbon constraints. This asymmetry is causing a large-scale relocation of European industrial production, notably of carbon-intensive goods – a phenomenon known as carbon leakage – something which after several years and multiple legislative proposals the EU has been unable to prevent. Whereas the global increase in emissions caused by the relocation of European companies demonstrates the futility of EU climate policy;
_________________
7 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj).

Or. es

Amendment 48

Michalis Hadjipantela

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2 a) Structural limitations in the current application of Regulation (EU) 2023/956, including the incomplete prevention of circumvention through product substitution and resource shuffling, the absence of a permanent export solution for Union industries, and residual carbon leakage risks across the wider value chain, further justify the transitional support provided by this Fund. These limitations underline the need to complement CBAM with temporary, targeted measures pending a comprehensive reform of the Union's carbon-border and emissions-trading framework.

Or. en

Amendment 49

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission	Amendment
	(2a) The application of the EU Emissions Trading System increases production costs for European industry; whereas, even with the CBAM, there is a risk of economic operators relocating their production to outside the Union and shifting their exports to other markets, thereby avoiding carbon costs; whereas this situation may affect not only the competitiveness of European industry, but also the Union’s security of supply of essential products such as fertilisers.

Or. ro

Amendment 50

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Silvia Sardone

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) The Clean Industrial Deal emphasises the need for financial support, regulatory predictability, and innovation to enable energy-intensive industries to decarbonise without compromising their competitiveness, particularly in sectors exposed to the risk of carbon leakage. The prevention of carbon leakage constitutes an environmental objective directly linked to the effectiveness of emission-reduction instruments on which Union climate policy relies. Targeted financial support can help ensure that emission reductions are achieved within the Union through decarbonisation of industrial activity, rather than the relocation to jurisdictions with lower environmental requirements giving rise to a risk of carbon leakage.	(3) A targeted financial support to sectors most affected by the Union’s climate policy can help mitigate industry losses caused by objectives for emission reductions and decarbonisation of industrial activity, thereby avoiding relocation to jurisdictions outside the EU.

Or. es

Amendment 51

Carmen Crespo Díaz, Dolors Montserrat, Susana Solís Pérez, Esther Herranz García

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) The Clean Industrial Deal emphasises the need for financial support, regulatory predictability, and innovation to enable energy-intensive industries to decarbonise without compromising their competitiveness, particularly in sectors exposed to the risk of carbon leakage. The prevention of carbon leakage constitutes an environmental objective directly linked to the effectiveness of emission-reduction instruments on which Union climate policy relies. Targeted financial support can help ensure that emission reductions are achieved within the Union through decarbonisation of industrial activity, rather than the relocation to jurisdictions with lower environmental requirements giving rise to a risk of carbon leakage.	(3) The Clean Industrial Deal emphasises the need for financial support, regulatory predictability, and innovation to enable energy-intensive industries to decarbonise without compromising their competitiveness, particularly in sectors exposed to the risk of carbon leakage, including those that produce strategic inputs essential for food security, such as fertilisers.

Or. es

Amendment 52

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 3

Text proposed by the Commission	Amendment
(3) The Clean Industrial Deal emphasises the need for financial support, regulatory predictability, and innovation to enable energy-intensive industries to decarbonise without compromising their competitiveness, particularly in sectors exposed to the risk of carbon leakage. The prevention of carbon leakage constitutes an environmental objective directly linked to the effectiveness of emission-reduction instruments on which Union climate policy relies. Targeted financial support can help ensure that emission reductions are achieved within the Union through decarbonisation of industrial activity, rather than the relocation to jurisdictions with lower environmental requirements giving rise to a risk of carbon leakage.	(3) The Clean Industrial Deal emphasises the need for financial support, regulatory predictability, and innovation to enable energy-intensive industries to decarbonise without compromising their competitiveness, particularly in sectors exposed to the risk of carbon leakage. The prevention of carbon leakage constitutes an environmental objective directly linked to the effectiveness of emission-reduction instruments on which Union climate policy relies. Targeted financial support, when based on strict social and environmental conditionality and additionality criteria, can help ensure that emission reductions are achieved within the Union through decarbonisation of industrial activity, rather than the relocation to jurisdictions with lower environmental requirements giving rise to a risk of carbon leakage.

Or. en

Amendment 53

Michalis Hadjipantela

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission	Amendment
	(3 a) In small and peripheral economies, and in Member States with a high share of trade in goods covered by Regulation (EU) 2023/956, operators and downstream companies face a particularly acute remaining risk of carbon leakage on export markets outside the Union, due to higher logistics costs and limited economies of scale. The Fund should pay specific attention to the needs of small and medium-sized enterprises and operators established in island and peripheral Member States, in light of cohesion policy, while fully preserving the environmental integrity of Union climate policy and the just transition.

Or. en

Amendment 54

Sara Matthieu

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) Energy-intensive industries covered by Directive 2003/87/EC progressively internalise the cost of their greenhouse gas emissions. The reduced Union-wide emissions cap, combined with the gradual phase-out of free allocation provided for in that Directive, requires cost-intensive and rapid adaptations by the industries covered by Directive 2003/87/EC, thereby increasing the short-term risk of carbon leakage. That remaining risk of carbon leakage is not fully prevented by Regulation (EU) 2023/956 of the European Parliament and of the Council8 and should therefore be addressed through additional measures supporting the transition and promoting the decarbonisation of industrial sectors.	(4) Energy-intensive industries covered by Directive 2003/87/EC progressively internalise the cost of their greenhouse gas emissions. The reduced Union-wide emissions cap, combined with the gradual phase-out of free allocation provided for in that Directive, requires cost-intensive and rapid adaptations by the industries covered by Directive 2003/87/EC, thereby increasing the short-term risk of carbon leakage. To reduce the carbon leakage risk, Regulation (EU) 2023/956 has established a Carbon Border Adjustment Mechanism (CBAM), which sets a CO2 price on some imported goods that is equivalent to the one paid by domestic industries under the EU ETS. The free allocation phase-out trajectory for sectors covered by the CBAM scope is steeper than the one for sectors outside of the CBAM scope but, in the first years of the application of CBAM, it is very moderate (-2.5% and -5% in 2026 and 2027). Article 30(5) of Regulation (EU) 2023/956 requires the Commission to periodically assess, after the CBAM price has started to apply, whether there is a carbon leakage risk specifically in relation to the goods produced in the Union for export to third countries. Where the Commission’s assessments conclude that such risk exists, Article 30(5) of Regulation (EU) 2023/956 requires the Commission to present, where appropriate, a legislative proposal addressing that risk. The Commission has instead decided to make an ex-ante forecast of the materialisation of such risk. The forecast concludes that such risk is likely to materialise for carbon intensive sectors. The Commission calls such risk ‘remaining risk’.
_________________
8 Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj).

Or. en

Amendment 55

Carmen Crespo Díaz, Dolors Montserrat, Susana Solís Pérez, Esther Herranz García

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) Energy-intensive industries covered by Directive 2003/87/EC progressively internalise the cost of their greenhouse gas emissions. The reduced Union-wide emissions cap, combined with the gradual phase-out of free allocation provided for in that Directive, requires cost-intensive and rapid adaptations by the industries covered by Directive 2003/87/EC, thereby increasing the short-term risk of carbon leakage. That remaining risk of carbon leakage is not fully prevented by Regulation (EU) 2023/956 of the European Parliament and of the Council8and should therefore be addressed through additional measures supporting the transition and promoting the decarbonisation of industrial sectors.	(4) Energy-intensive industries covered by Directive 2003/87/EC progressively internalise the cost of their greenhouse gas emissions. The reduced Union-wide emissions cap, combined with the gradual phase-out of free allocation provided for in that Directive, requires cost-intensive and rapid adaptations by the industries covered by Directive 2003/87/EC, thereby increasing the short-term risk of carbon leakage. That remaining risk of carbon leakage is not fully prevented by Regulation (EU) 2023/956 of the European Parliament and of the Council8 and should therefore be addressed through additional measures supporting the transition and promoting the decarbonisation of industrial sectors. In sectors such as fertilisers, said risk also has a direct impact on agricultural production costs, farm competitiveness and the EU’s strategic food autonomy.
_________________	_________________
8 Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj).	8 Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism, OJ L 130, 16.5.2023, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj).

Or. es

Amendment 56

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Silvia Sardone

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) Energy-intensive industries covered by Directive 2003/87/EC progressively internalise the cost of their greenhouse gas emissions. The reduced Union-wide emissions cap, combined with the gradual phase-out of free allocation provided for in that Directive, requires cost-intensive and rapid adaptations by the industries covered by Directive 2003/87/EC, thereby increasing the short-term risk of carbon leakage. That remaining risk of carbon leakage is not fully prevented by Regulation (EU) 2023/956 of the European Parliament and of the Council8and should therefore be addressed through additional measures supporting the transition and promoting the decarbonisation of industrial sectors.	(4) Energy-intensive industries covered by Directive 2003/87/EC progressively internalise the cost of their greenhouse gas emissions. The reduced Union-wide emissions cap, combined with the gradual phase-out of free allocation provided for in that Directive, requires cost-intensive and rapid adaptations by the industries covered by Directive 2003/87/EC, thereby increasing the long-term risk of the deindustrialisation of Member States. Considering that Regulation (EU) 2023/956 of the European Parliament and of the Council does not solve carbon leakage, and given the multiple loopholes it gives rise to, creating unfair competition, it is necessary to put an end to this unfair competition and support industry, as long as the Union legislation that has caused damage to the competitiveness of the industry is not eliminated.
_________________
8 Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj).

Or. es

Amendment 57

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 4

Text proposed by the Commission	Amendment
(4) Energy-intensive industries covered by Directive 2003/87/EC progressively internalise the cost of their greenhouse gas emissions. The reduced Union-wide emissions cap, combined with the gradual phase-out of free allocation provided for in that Directive, requires cost-intensive and rapid adaptations by the industries covered by Directive 2003/87/EC, thereby increasing the short-term risk of carbon leakage. That remaining risk of carbon leakage is not fully prevented by Regulation (EU) 2023/956 of the European Parliament and of the Council8 and should therefore be addressed through additional measures supporting the transition and promoting the decarbonisation of industrial sectors.	(4) Energy-intensive industries covered by Directive 2003/87/EC progressively internalise the cost of their greenhouse gas emissions. The reduced Union-wide emissions cap, combined with the gradual phase-out of free allocation provided for in that Directive, requires cost-intensive and rapid adaptations by the industries covered by Directive 2003/87/EC, thereby increasing the short-term risk of carbon leakage for sectors that have failed to sufficiently modernize their production processes or transition to low-carbon technologies. That remaining risk of carbon leakage is not fully prevented by Regulation (EU) 2023/956 of the European Parliament and of the Council8 and should therefore be addressed through additional measures measurably and verifiably supporting the transition and promoting the decarbonisation of industrial sectors.
_________________	_________________
8 Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj).	8 Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj).

Or. en

Amendment 58

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission	Amendment
	(4 a) Front runners have been using their profits for investments in decarbonising their production. Special attention should be paid to whether industries are able to finance their transition from their own revenues or if additional public financial support is needed. In the event that public financial support is needed, strong conditionality regarding the implementation of a specific and measurable climate-neutrality plan with environmental and social criteria is essential in order to ensure value for money from public investments and to avoid socialising the costs.

Or. en

Amendment 59

Carmen Crespo Díaz, Dolors Montserrat, Susana Solís Pérez, Esther Herranz García

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission	Amendment
	(4a) Fertiliser production is a strategic sector for the EU, as it is an essential input for ensuring food production, the stability of agri-food chains, and the economic viability of farms. Weakening European fertiliser production capacity can increase dependence on third countries and expose farmers to greater price volatility, especially in an unstable geopolitical context.

Or. es

Amendment 60

Carmen Crespo Díaz, Dolors Montserrat, Susana Solís Pérez, Esther Herranz García

Proposal for a regulation

Recital 4 b (new)

Text proposed by the Commission	Amendment
	(4b) The loss of competitiveness of certain strategic industrial and agricultural sectors, including fertilisers, does not stem from a single factor, but from the accumulation of regulatory, energy and commercial costs. Therefore, the application of this Regulation should take into account the combined impact of the EU ETS, CBAM, energy costs, applicable tariffs and other measures affecting the competitiveness of European production vis-à-vis producers from third countries that are not subject to equivalent requirements.

Or. es

Amendment 61

Sara Matthieu

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress in reducing greenhouse gas emissions.	(5) To complement the already existing ETS price alleviation measures and the Union and Member State support instruments, including the Innovation Fund - one of the world’s largest funding programmes for the deployment of net-zero and innovative technologies -, and its successor, the European Competitiveness Fund, this Regulation establishes an additional Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to Union’s operators in carbon intensive sectors that are potentially subject to the remaining risk of carbon leakage due to their production for export to third countries. The Fund will support further decarbonisation efforts, leading to lower ETS costs and increased competitiveness. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon further demonstrable greenhouse gas emissions reductions. The Fund is an environmental measure and is compatible with the exemption provided by Article XX of the GATT.

Or. en

Amendment 62

Michalis Hadjipantela

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress in reducing greenhouse gas emissions.	(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the 'Fund'), providing temporary financial support to operators in carbon-intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions-reduction incentives remain effective. Such support should be limited to what is necessary to mitigate that remaining risk of carbon leakage and to compensate, in a proportionate manner, for the additional carbon costs borne under the Union's carbon-pricing frameworks in respect of exported production. The design of the Fund should ensure that support remains neutral with regard to companies' commercial decisions on their market orientation, avoids any perception of export refunds or export subsidies, and is compatible with the Union's international obligations.

Or. en

Amendment 63

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress in reducing greenhouse gas emissions.	(5) To incentivise verifiable industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress in reducing greenhouse gas emissions since the entry into force of Regulation 2023/956, ensuring that support is directed towards genuine transformation rather than compensating for a lack of prior investment.

Or. en

Amendment 64

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Silvia Sardone

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress in reducing greenhouse gas emissions.	(5) In order to mitigate industry losses caused by the industrial decarbonisation objectives, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in the sectors most affected by the Union’s climate policy, carbon intensive sectors and those with a high remaining risk of carbon leakage. Such support should be strictly aimed at mitigating the effects of the Union’s climate policy on industry and should under no circumstances be conditional on the reduction of greenhouse gas emissions.

Or. es

Amendment 65

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress in reducing greenhouse gas emissions.	(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective, while also ensuring that the global competitiveness of European industry and the Union's strategic production capacities are maintained. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress in reducing greenhouse gas emissions.

Or. ro

Amendment 66

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 5

Text proposed by the Commission	Amendment
(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress in reducing greenhouse gas emissions.	(5) To incentivise industrial decarbonisation action, it is appropriate to establish a Union funding instrument, the Temporary Decarbonisation Fund (the ‘Fund’), providing temporary financial support to operators in carbon intensive sectors that are subject to the remaining risk of carbon leakage, ensuring that decarbonisation efforts within the Union are preserved and that emissions reduction incentives remain effective. Such support should be strictly limited to what is necessary to mitigate that remaining risk of carbon leakage, be proportionate, and be conditional upon demonstrable progress towards reaching climate neutrality at company-level and social safeguards.

Or. en

Amendment 67

Sara Matthieu

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5 a) The Union is committed to working with and supporting low and middle-income third countries for the reduction of their greenhouse gas emissions, including through the decarbonisation and transformation of their industries, and for their adaptation to climate change. This aligns with the obligation, in the context of the new collective quantified goal on climate finance (NCQG) agreed at COP29, to scale up support for developing countries. The Temporary Decarbonisation Fund will boost the Union’s contribution to international climate finance, particularly for Least Developed Countries and for the production of goods listed in Annex I to Regulation 2023/956, complementing the support to Union industries at remaining risk of carbon leakage, and thereby reaching a balanced and equitable approach. The Commission will continue to engage with middle-income third countries to support their adaptation to the obligations of the CBAM, and, in accordance with Article 30(6 and 8) of Regulation (EU) 2023/956, it will periodically assess, report on, and, where appropriate, propose new measures in relation to, CBAM impact on LDCs and its contribution to the decarbonisation of the manufacturing industry in those countries.

Or. en

Amendment 68

Massimiliano Salini, Fulvio Martusciello, Letizia Moratti, Flavio Tosi, Susana Solís Pérez

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5 a) While this Regulation provides targeted support to address the remaining risk of carbon leakage and to preserve the competitiveness of Union industry, certain undertakings, in particular small and medium-sized enterprises and operators not currently engaged in export activities, may face structural barriers to accessing international markets. Those barriers may arise, inter alia, from comparatively higher production costs linked to Union climate policies and the lack of financial and administrative capacity to internationalise their operations. In order to ensure a level playing field within the internal market and to support the broader objective of maintaining and strengthening the competitiveness of Union industry, it is appropriate for the Commission to assess the need for additional support mechanisms aimed at facilitating market access and enhancing the competitiveness of such undertakings. That assessment should consider the potential design of a Union instrument providing targeted and proportionate support, while ensuring consistency with Union climate objectives and international obligations.

Or. en

Amendment 69

Adrian-George Axinia

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission	Amendment
	(5 a) The Fund should not pre-empt or influence the ongoing negotiations on the system of EU Own Resources and the next multiannual financial framework (MFF) post-2027.

Or. en

Justification

Sectoral proposals regarding CBAM revenues should not dictate the broader fiscal structure of the Union.

Amendment 70

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision9, the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource10. In order to ensure the necessary funding, the Fund should be financed from the remaining 25% of the revenues from the sale of certificates, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund, and the Commission’s administrative costs to be incurred in managing the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council11to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.	(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. In order to ensure the necessary funding, the Fund should be financed from at least 25% of the revenues from the sale of certificates, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council11 to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.
_________________	_________________
10 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).
11 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).	11 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).
9 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).

Or. fr

Amendment 71

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision9, the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource10. In order to ensure the necessary funding, the Fund should be financed from the remaining 25% of the revenues from the sale of certificates, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund, and the Commission’s administrative costs to be incurred in managing the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council11to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.	(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision9, the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource10. In order to ensure the necessary funding, the Fund should be financed from the remaining 25% of the revenues from the sale of certificates, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund, and the Commission’s administrative costs to be incurred in managing the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council11 to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue, while ensuring that the use of such revenue directly contributes to supporting industrial decarbonisation and maintaining the competitiveness of exposed sectors through efficient reinvestment in the real economy, with a view to preventing the relocation of production and strengthening the Union’s strategic autonomy.
_________________	_________________
10 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).	10 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).
11 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).	11 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).
9 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).	9 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).

Or. ro

Amendment 72

Claudiu-Richard Târziu

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision9, the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource10. In order to ensure the necessary funding, the Fund should be financed from the remaining 25% of the revenues from the sale of certificates, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund, and the Commission’s administrative costs to be incurred in managing the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council11to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.	(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision, the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource. In order to ensure the necessary funding, the Fund should be able to be financed through voluntary contributions from the Member States, up to 25% of the revenues from the sale of certificates, while respecting national budget, industrial, energy and social priorities, while those contributions could constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund, and the Commission’s administrative costs relating to the management of the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council to permit the voluntary allocation to the Fund of the corresponding share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.
_________________
9 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).
10 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).
11 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

Or. ro

Justification

The amendment ensures the legal consistency of the financing mechanism with the voluntary nature of Member States’ contributions, thus strengthening subsidiarity, proportionality and national fiscal flexibility.

Amendment 73

Sara Matthieu

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision9 , the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource10 . In order to ensure the necessary funding, the Fund should be financed from the remaining 25% of the revenues from the sale of certificates, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund, and the Commission’s administrative costs to be incurred in managing the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council11 to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.	(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision9 , the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource10 . In order to ensure the necessary funding, the Fund should be financed from the remaining 25% of the revenues from the sale of certificates, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund, contributing to international climate finance, and covering the Commission’s administrative costs to be incurred in managing the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council11 to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.
_________________	_________________
9 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).	9 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).
10 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).	10 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).
11 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).	11 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

Or. en

Amendment 74

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Viktória Ferenc

Proposal for a regulation

Recital 6

Text proposed by the Commission	Amendment
(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision9, the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource10. In order to ensure the necessary funding, the Fund should be financed from the remaining 25% of the revenues from the sale of certificates, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund, and the Commission’s administrative costs to be incurred in managing the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council11to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.	(6) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 will be collected by Member States. As part of its proposal for a new Own Resources Decision, the Commission has proposed for the next Multiannual Financial Framework 2028-2034 that 75% of the revenue from the sale of CBAM certificates should accrue to the EU budget as an own resource. In order to ensure the necessary funding to reduce the impact of decades of Union climate policy, the Fund should be financed with the 75 % of the revenues from the sale of certificates which the Union would receive, which should constitute external assigned revenue for the purpose of covering the commitments to pay financial support to final beneficiaries of the Fund. It is necessary to provide for a derogation from Article 21(5) of Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council to allocate to the Fund the appropriate share of the revenue generated from the sale of CBAM certificates pursuant to Regulation (EU) 2023/956 as external assigned revenue.
_________________
10 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).
11 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).
9 Proposal for a Council Decision on the system of own resources of the European Union and repealing Decision (EU, Euratom) 2020/2053 (COM/2025/574 final).

Or. es

Amendment 75

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6 a) Revenues generated from the sales of CBAM certificates pursuant to Regulation (EU) 2023/956 ultimately place a financial burden on operators in third countries, which can particularly disadvantage least developed countries (LDCs) and lower-middle income countries (LMICs). This financial barrier can only become a driver for decarbonisation if third countries have the means to make their own decarbonisation investments. In line with the principle of 'common but differentiated responsibilities and respective capabilities' under the United Nations Framework Convention on Climate Change (UNFCCC), it is appropriate that a share of the revenues generated from the sales of CBAM certificates is allocated to climate finance initiatives in LDCs and LMICs.

Or. en

Amendment 76

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Viktória Ferenc

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6a) Whereas, as stated in Opinion 13/2026 of the European Court of Auditors, the amount equivalent to 75 % of the revenue from the sale of CBAM certificates will not be the Union’s own resources until 2028. Taking into account that according to the model proposed by the Commission, the collection of funds for the Fund within the period 2028 and 2029 ends in 2026 and 2027 respectively. The Union should be responsible for financing the Fund with amounts equivalent to 75 % of the revenues from the sale of CBAM certificates, as the legislation that has given rise to the circumstances that render the establishment of the Fund necessary stems from decisions taken at Community level.

Or. es

Amendment 77

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 6 a (new)

Text proposed by the Commission	Amendment
	(6 a) To ensure the Fund’s sustainability, the Commission should introduce a levy on secondary market transactions of EU ETS allowances. Revenues collected should be dedicated to covering financial support commitments for final beneficiaries. This measure further aims to mitigate speculative volatility and strengthen the decarbonisation price signal, ensuring the market effectively serves the actual compliance needs of industrial operators and provides a stable framework for the transition.

Or. en

Amendment 78

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The Fund’s resources should only be used to cover the commitments to pay financial support to the final beneficiaries and the administrative costs of the Fund. Any unused revenue should be returned to the Member States in proportion to their contribution to the Fund. For this purpose, it is necessary to provide for a derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509.	(7) The Fund’s resources should only be used to cover the commitments to pay financial support to the final beneficiaries and the administrative costs of the Fund. Any unused revenue should be reallocated to the Neighbourhood, Development and International Cooperation Instrument, established by Regulation (EU) 2021/947 of the European Parliament and of the Council1a, as additional financing for the Fund.
	_________________
	1a Regulation (EU) 2021/947 of the European Parliament and of the Council of 9 June 2021 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009 (OJ L 209, 14.6.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/947/oj).

Or. en

Amendment 79

Sara Matthieu

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The Fund’s resources should only be used to cover the commitments to pay financial support to the final beneficiaries and the administrative costs of the Fund. Any unused revenue should be returned to the Member States in proportion to their contribution to the Fund. For this purpose, it is necessary to provide for a derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509.	(7) Half of the Fund’s resources should be used to cover the commitments to pay financial support to the Union's final beneficiaries and the administrative costs of the Fund. Any unused revenue should be returned to the Member States in proportion to their contribution to the Fund. For this purpose, it is necessary to provide for a derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509.

Or. en

Amendment 80

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Recital 7

Text proposed by the Commission	Amendment
(7) The Fund’s resources should only be used to cover the commitments to pay financial support to the final beneficiaries and the administrative costs of the Fund. Any unused revenue should be returned to the Member States in proportion to their contribution to the Fund. For this purpose, it is necessary to provide for a derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509.	(7) The Fund’s resources should only be used to cover the commitments to pay financial support to the final beneficiaries and the administrative costs of the Fund. Any unused revenue should be utilised for the repayment of the debt caused by the Next Generation EU fund. For this purpose, it is necessary to provide for a derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509.

Or. es

Amendment 81

Sara Matthieu

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation.	(8) The Fund should provide financial support in the years 2028 and 2029 to the Union's final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production and export reference period 2026–2027, as well as on the difference between the ETS carbon price and the price in the export markets, and to finance new decarbonisation investments.

Or. en

Amendment 82

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation.	(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production reference period 2026–2027. Given the need to address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509.

Or. fr

Amendment 83

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Silvia Sardone

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation.	(8) The Fund should provide financial support in the years 2028 and 2029 to final beneficiaries to address their exposure to the increase in production prices attributable to the Union's ETS as well as an exposure to the risk of carbon leakage aggravated by the CBAM, determinable based on the two-year reference period 2026-2027. As CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509.

Or. es

Amendment 84

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation.	(8) The Fund should provide financial support in the years 2027, 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation and which are undertaken from 1 January 2026 onwards.

Or. en

Amendment 85

Andreas Glück

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation.	(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year exported production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation.

Or. en

Amendment 86

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 8

Text proposed by the Commission	Amendment
(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation.	(8) The Fund should provide financial support in the years 2028 and 2029 to the final beneficiaries to address their exposure to the remaining risk of carbon leakage, determinable based on the two-year exported production reference period 2026–2027. Given the need to ensure continuity of decarbonisation efforts and address the remaining risks of carbon leakage and the fact that CBAM revenue will only become available in 2028, it is appropriate to allow support under this Regulation to cover actions before the entry into force of this Regulation, in accordance with Article 3(2) of Regulation 2024/2509. Such retroactive eligibility is strictly limited to actions that contribute to the environmental objectives of this Regulation.

Or. en

Amendment 87

Michalis Hadjipantela

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) By limiting the initial support period to two years, the Fund should provide short-term support pending a comprehensive review of how best to address the issue of the remaining risk of carbon leakage from 2028 onwards, in the context of the scheduled review of the EU ETS. The transitory character of the Fund precludes any interpretation that it may constitute a precedent, a model or a reference point for the EU ETS review. Accordingly, the existence, operation or cessation of the Fund shall not create any expectation, legal or otherwise, regarding the EU ETS review.	(9) By limiting the initial support period to two years, the Fund should provide short-term support pending a comprehensive review of how best to address the issue of the remaining risk of carbon leakage from 2028 onwards, in the context of the scheduled review of the EU ETS. The transitory character of the Fund precludes any interpretation that it may constitute a precedent, a model or a reference point for the EU ETS review. Accordingly, the existence, operation or cessation of the Fund shall not create any expectation, legal or otherwise, regarding the EU ETS review. The design and implementation of the Fund should not pre-empt the outcome of the scheduled review of Directive 2003/87/EC and the consideration of a permanent export solution under that framework, and shall remain consistent with the long-term architecture of the Union's carbon-pricing system.

Or. en

Amendment 88

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Silvia Sardone

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) By limiting the initial support period to two years, the Fund should provide short-term support pending a comprehensive review of how best to address the issue of the remaining risk of carbon leakage from 2028 onwards, in the context of the scheduled review of the EU ETS. The transitory character of the Fund precludes any interpretation that it may constitute a precedent, a model or a reference point for the EU ETS review. Accordingly, the existence, operation or cessation of the Fund shall not create any expectation, legal or otherwise, regarding the EU ETS review.	(9) By limiting the initial support period to two years, the Fund should provide short-term support pending a thorough review of the EU ETS. Accordingly, the existence and operation of the Fund demonstrate the unviability of the EU ETS in the long term, and give rise to expectations regarding its review.

Or. es

Amendment 89

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 9

Text proposed by the Commission	Amendment
(9) By limiting the initial support period to two years, the Fund should provide short-term support pending a comprehensive review of how best to address the issue of the remaining risk of carbon leakage from 2028 onwards, in the context of the scheduled review of the EU ETS. The transitory character of the Fund precludes any interpretation that it may constitute a precedent, a model or a reference point for the EU ETS review. Accordingly, the existence, operation or cessation of the Fund shall not create any expectation, legal or otherwise, regarding the EU ETS review.	(9) By limiting the initial support period to three years, the Fund should provide short-term support pending a comprehensive review of how best to address the issue of the remaining risk of carbon leakage from 2028 onwards, in the context of the scheduled review of the EU ETS. The transitory character of the Fund precludes any interpretation that it may constitute a precedent, a model or a reference point for the EU ETS review. Accordingly, the existence, operation or cessation of the Fund shall not create any expectation, legal or otherwise, regarding the EU ETS review.

Or. en

Amendment 90

Adrian-George Axinia

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) Given the temporary nature of the Fund, its governance should be cost-efficient and minimise to the extent possible the administrative burden for both the final beneficiaries of the financial support and the Member States’ competent authorities. Therefore, a single call for applications in 2028 for the production reference period 2026-2027 should be provided for.	(10) In view of the temporary nature of the fund, its governance should be cost-effective and minimize the administrative burden. The financial architecture of the Fund should ensure a direct flow of resources, bypassing unnecessary intermediate administrative layers. Technical and management costs incurred by National Competent Authorities for processing applications and verifying production data should be eligible for support from the Fund.

Or. en

Justification

The Commission’s proposal overlooks the massive administrative effort required at the national level. It is vital that the Fund does not become for Member States an "unfunded mandate." Without covering the management costs of national authorities, there is a significant risk of administrative bottlenecks that could delay payments to the industry, jeopardizing their transition

Amendment 91

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) Given the temporary nature of the Fund, its governance should be cost-efficient and minimise to the extent possible the administrative burden for both the final beneficiaries of the financial support and the Member States’ competent authorities. Therefore, a single call for applications in 2028 for the production reference period 2026-2027 should be provided for.	(10) Given the temporary nature of the Fund, its governance should be cost-efficient and minimise to the extent possible the administrative burden for both the final beneficiaries of the financial support and the Member States’ competent authorities, while ensuring sound financial management and added value from Union funds. Therefore, a single call for applications in 2028 for the production reference period 2026-2027 should be provided for.

Or. en

Amendment 92

Andreas Glück

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) Given the temporary nature of the Fund, its governance should be cost-efficient and minimise to the extent possible the administrative burden for both the final beneficiaries of the financial support and the Member States’ competent authorities. Therefore, a single call for applications in 2028 for the production reference period 2026-2027 should be provided for.	(10) Given the temporary nature of the Fund, its governance should be cost-efficient and minimise to the extent possible the administrative burden for both the final beneficiaries of the financial support and the Member States’ competent authorities. Therefore, a single call for applications in 2028 for the exported production reference period 2026-2027 should be provided for.

Or. en

Amendment 93

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 10

Text proposed by the Commission	Amendment
(10) Given the temporary nature of the Fund, its governance should be cost-efficient and minimise to the extent possible the administrative burden for both the final beneficiaries of the financial support and the Member States’ competent authorities. Therefore, a single call for applications in 2028 for the production reference period 2026-2027 should be provided for.	(10) Given the temporary nature of the Fund, its governance should be cost-efficient and minimise to the extent possible the administrative burden for both the final beneficiaries of the financial support and the Member States. Therefore, a single call for applications in 2028 for the exported production reference period 2026-2027 should be provided for by the Commission.

Or. en

Amendment 94

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) In order to enable a streamlined and efficient procedure, the Fund should be implemented in direct management mode by the Commission, in close cooperation with the Member States, in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council12. This approach should leverage the established relationships between Member States and operators, taking into account local specificities and existing arrangements, to ensure both the timely assessment of applications and the efficient payment of financial support to the final beneficiaries. Moreover, the application deadline as well as documents to be submitted should be aligned with the obligations that operators receiving free allocation already have under Articles 22a and 22b of Commission Delegated Regulation (EU) 2019/33113and Articles 3 and 3d of Commission Implementing Regulation (EU) 2019/184214.	(11) In order to enable a streamlined and efficient procedure, the Fund should be implemented in direct management mode by the Commission, in close cooperation with the Member States. This approach should leverage the established relationships between Member States and operators, taking into account local specificities and existing arrangements, to ensure both the timely assessment of applications and the efficient payment of financial support to the final beneficiaries.
_________________
12 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433I, 22.12.2020, p. 1, ELI: http://data.europa.eu/eli/reg/2020/2092/oj).
13 Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJL 59, 27.2.2019, p. 8, ELI: http://data.europa.eu/eli/reg_del/2019/331/oj).
14 Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes (OJ L 282, 4.11.2019, p. 20, ELI: http://data.europa.eu/eli/reg_impl/2019/1842/oj).

Or. es

Amendment 95

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Recital 11

Text proposed by the Commission	Amendment
(11) In order to enable a streamlined and efficient procedure, the Fund should be implemented in direct management mode by the Commission, in close cooperation with the Member States, in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council12. This approach should leverage the established relationships between Member States and operators, taking into account local specificities and existing arrangements, to ensure both the timely assessment of applications and the efficient payment of financial support to the final beneficiaries. Moreover, the application deadline as well as documents to be submitted should be aligned with the obligations that operators receiving free allocation already have under Articles 22a and 22b of Commission Delegated Regulation (EU) 2019/33113and Articles 3 and 3d of Commission Implementing Regulation (EU) 2019/184214.	(11) In order to enable a streamlined and efficient procedure, the Fund should be implemented in direct management mode by the Commission, in close cooperation with the Member States, in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council12. This approach should leverage the established relationships between Member States and operators, taking into account local specificities and existing arrangements, to ensure both the timely assessment of applications and the efficient payment of financial support to the final beneficiaries.
_________________	_________________
12 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433I, 22.12.2020, p. 1, ELI: http://data.europa.eu/eli/reg/2020/2092/oj).	12 Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (OJ L 433I, 22.12.2020, p. 1, ELI: http://data.europa.eu/eli/reg/2020/2092/oj).
13 Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJL 59, 27.2.2019, p. 8, ELI: http://data.europa.eu/eli/reg_del/2019/331/oj).
14 Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes (OJ L 282, 4.11.2019, p. 20, ELI: http://data.europa.eu/eli/reg_impl/2019/1842/oj).

Or. fr

Amendment 96

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) In order to ensure cohesion and fairness across the Union, a balanced geographical distribution of support among Member States is necessary, thus avoiding a disproportionate concentration of resources in a limited number of states. In doing so, the Commission should take particular account of the specific needs of border regions, as well as those particularly at risk of carbon leakage, with a view to ensuring appropriate and efficient targeting of support to those areas.

Or. ro

Amendment 97

Michalis Hadjipantela

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.	(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator. In addition, where downstream operators and other installations are significantly and demonstrably affected by the combined impact of the phase-out of free allocation under Directive 2003/87/EC and the application of Regulation (EU) 2023/956 on the cost of CBAM-covered inputs, and where they are substantially exposed to international competition on export markets, the Fund should be able to provide targeted support to such operators, in line with clear eligibility criteria and subject to appropriate decarbonisation conditionalities. Installations which are not covered by Directive 2003/87 but which produce goods covered by Regulation 2023/956, and which incurre increased raw material input costs due to the application of that Regulation should also be eligible for support under the Fund.

Or. en

Amendment 98

Dimitris Tsiodras

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.	(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator. Installations which are not covered by Directive 2003/87 but which produce goods covered by Regulation 2023/956, and which incurre increased raw material input costs due to the application of that Regulation should also be eligible for support under the Fund.

Or. en

Justification

Export-oriented downstream aluminium installations not covered by the ETS must be fully compensated for the additional costs resulting from the combined impact of EU climate legislation and rising metal costs. Pricing them out of global markets would provide no climate benefit and harm European decarbonisation efforts and the economy.These installations are price-takers on global markets and cannot pass additional costs onto consumers and ultimately must also bear the impact of rising raw material costs. Primary aluminium prices are set on the London Metal Exchange (LME), reflecting global supply and demand. European producers cannot pass on additional costs applied only in Europe (e.g. ETS/CBAM) without losing market share to non-European producers who do not face the same costs. These additional costs are also borne by aluminium transformation and recycling installations, many of which are not covered by the ETS.

Amendment 99

Aurelijus Veryga

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.	(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator. Installations not covered by Directive 2003/87 but which incurre costs resulting from the application of Regulation (EU) 2023/956 and thereby are exposed to a heightened risk of carbon leakage should also be eligible for support under the Fund.

Or. en

Amendment 100

Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Michele Picaro, Sergio Berlato, Antonella Sberna, Paolo Inselvini, Galato Alexandraki, Adrian-George Axinia, Claudiu-Richard Târziu, Nora Junco García

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.	(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator. Installations that fall outside the scope of Directive 2003/87 but produce goods covered by Regulation (EU) 2023/956 should also be eligible for Fund support where they face higher input costs for raw materials as a result of the application of that Regulation.

Or. en

Justification

Export-oriented downstream aluminium installations not covered by the ETS should be fully compensated for additional costs arising from EU climate policy and rising input prices. As price-takers in global markets, they cannot pass these costs on without losing competitiveness to non-EU producers. Since primary aluminium prices are set globally (LME), EU-specific costs such as ETS and CBAM reduce competitiveness without environmental benefit, also affecting transformation and recycling facilities outside the ETS scope.

Amendment 101

Adrian-George Axinia

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.	(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator. The Commission shall provide a clear methodology and the dataset used to calculate the 'objective indicator' and the Decarbonisation Fund Carbon Leakage (DFCL) indicator to ensure transparency.

Or. en

Justification

Methodological clarity is a prerequisite for legal certainty. Stakeholders and national authorities require access to the underlying data to understand the allocation logic and to ensure that the distribution of funds is based on an accurate assessment of carbon leakage risks across the Union

Amendment 102

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Silvia Sardone

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.	(12) The Fund should provide support to operators of EU-ETS installations which produce goods exposed to the increase in production prices attributable to the Union's ETS as well as to the risk of carbon leakage aggravated by the CBAM. Those goods should be selected taking into account both their emissions and exposure to the increase in the price of production attributable to the EU-ETS, as well as to the risk of carbon leakage aggravated by the CBAM, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of CBAM avoidance based on an objective indicator.

Or. es

Amendment 103

Andreas Glück

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.	(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations and downstream operators which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.

Or. en

Amendment 104

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 12

Text proposed by the Commission	Amendment
(12) The Fund should in particular contribute to the decarbonisation objective by providing support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.	(12) The Fund should in particular contribute to the decarbonisation objective by providing conditional support to operators of EU-ETS installations which produce goods exposed to the highest remaining risk of carbon leakage in the short term. Those goods should be selected taking into account both their emissions and carbon leakage exposure, using the approach followed to determine the carbon leakage list for the EU-ETS as a starting point and targeting the measure to those goods which remain most at risk of carbon leakage based on an objective indicator.

Or. en

Amendment 105

Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Michele Picaro, Sergio Berlato, Antonella Sberna, Paolo Inselvini, Galato Alexandraki, Nora Junco García, Adrian-George Axinia, Claudiu-Richard Târziu

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) The risk exposure of goods with a low ratio of value to weight might differ significantly between Member States. To account for the specific characteristics of goods with a low ratio of value to weight with regards to the remaining risk of carbon leakage, an opt-in mechanism should be established. While the goods set out in the Annex demonstrate a particularly high Union-wide exposure, this opt-in mechanism should consider national circumstances. There should be an opt-in mechanism to allow Member States to subject certain Combined Nomenclature codes (‘CN codes’) in accordance with Council Regulation (EEC) No 2658/8715 to the proposed measure provided that they can demonstrate that the selection criteria that were used for defining the goods set out in the Annex to this Regulation are met at the national level.	(13) The risk exposure of goods, including but not limited to those with a low ratio of value to weight might differ significantly between Member States. To account for the specific characteristics of goods, an opt-in mechanism should be established. While the goods set out in the Annex demonstrate a particularly high Union-wide exposure, this opt-in mechanism should consider national circumstances. There should be an opt-in mechanism to allow Member States to subject certain Combined Nomenclature codes (‘CN codes’) in accordance with Council Regulation (EEC) No 2658/8715 to the proposed measure.
_________________	_________________
15 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).	15 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).

Or. en

Justification

The proposal establishes an opt-in mechanism to extend eligibility to installations producing goods with a low value-to-weight ratio, to be specified in secondary legislation under Article 6. Although primarily intended for sectors such as cement, this mechanism should be adjusted to allow, on a case-by-case basis, the inclusion of additional carbon leakage–exposed goods, including aluminium transformation activities, which are expected to face increased raw material input costs as a result of the application of CBAM to aluminium transactions in Europe.

Amendment 106

Michalis Hadjipantela

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) The risk exposure of goods with a low ratio of value to weight might differ significantly between Member States. To account for the specific characteristics of goods with a low ratio of value to weight with regards to the remaining risk of carbon leakage, an opt-in mechanism should be established. While the goods set out in the Annex demonstrate a particularly high Union-wide exposure, this opt-in mechanism should consider national circumstances. There should be an opt-in mechanism to allow Member States to subject certain Combined Nomenclature codes (‘CN codes’) in accordance with Council Regulation (EEC) No 2658/8715 to the proposed measure provided that they can demonstrate that the selection criteria that were used for defining the goods set out in the Annex to this Regulation are met at the national level.	(13) The risk exposure of goods, including but not limited to those with a low ratio of value to weight or facing increased raw material input costs might differ significantly between Member States. To account for the specific characteristics of goods, an opt-in mechanism should be established. While the goods set out in the Annex demonstrate a particularly high Union-wide exposure, this opt-in mechanism should consider national circumstances. There should be an opt-in mechanism to allow Member States to subject certain Combined Nomenclature codes (‘CN codes’) in accordance with Council Regulation (EEC) No 2658/8715 to the proposed measure.
_________________	_________________
15 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).	15 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).

Or. en

Amendment 107

Dimitris Tsiodras

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) The risk exposure of goods with a low ratio of value to weight might differ significantly between Member States. To account for the specific characteristics of goods with a low ratio of value to weight with regards to the remaining risk of carbon leakage, an opt-in mechanism should be established. While the goods set out in the Annex demonstrate a particularly high Union-wide exposure, this opt-in mechanism should consider national circumstances. There should be an opt-in mechanism to allow Member States to subject certain Combined Nomenclature codes (‘CN codes’) in accordance with Council Regulation (EEC) No 2658/8715 to the proposed measure provided that they can demonstrate that the selection criteria that were used for defining the goods set out in the Annex to this Regulation are met at the national level.	(13) The risk exposure of goods, including but not limited to those with a low ratio of value to weight or facing increased raw materials input costs, might differ significantly between Member States. To account for the specific characteristics of such goods, an opt-in mechanism should be established. While the goods set out in the Annex demonstrate a particularly high Union-wide exposure, this opt-in mechanism should consider national circumstances. There should be an opt-in mechanism to allow Member States to subject certain Combined Nomenclature codes (‘CN codes’) in accordance with Council Regulation (EEC) No 2658/8715 to the proposed measure.
_________________	_________________
15 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).	15 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).

Or. en

Justification

The proposal also provides for an opt-in mechanism that further expands eligibility to installations producing goods with a low value-to-weight ratio, which will be defined in secondary legislation (Article 6).The current design of the opt-in mechanism is exclusively a viable solution for sectors with a low value-to-weight ratio, such as the cement industry.We propose to amend this opt in mechanism to allow more goods that are exposed to carbon leakage to be eligible on a case-by-case basis the increased raw material input costs that the aluminium transformation industry will face due to the expected impact of CBAM on all aluminium transactions in Europe.

Amendment 108

Aurelijus Veryga

Proposal for a regulation

Recital 13

Text proposed by the Commission	Amendment
(13) The risk exposure of goods with a low ratio of value to weight might differ significantly between Member States. To account for the specific characteristics of goods with a low ratio of value to weight with regards to the remaining risk of carbon leakage, an opt-in mechanism should be established. While the goods set out in the Annex demonstrate a particularly high Union-wide exposure, this opt-in mechanism should consider national circumstances. There should be an opt-in mechanism to allow Member States to subject certain Combined Nomenclature codes (‘CN codes’) in accordance with Council Regulation (EEC) No 2658/8715 to the proposed measure provided that they can demonstrate that the selection criteria that were used for defining the goods set out in the Annex to this Regulation are met at the national level.	(13) The risk exposure of goods, including but not limited to those with a low ratio of value to weight, might differ significantly between Member States. To account for the specific characteristics of such goods an opt-in mechanism should be established. While the goods set out in the Annex demonstrate a particularly high Union-wide exposure, this opt-in mechanism should consider national circumstances. There should be an opt-in mechanism to allow Member States to subject certain Combined Nomenclature codes (‘CN codes’) in accordance with Council Regulation (EEC) No 2658/8715 to the proposed measure provided that they can demonstrate that the selection criteria that were used for defining the goods set out in the Annex to this Regulation are met at the national level.
_________________	_________________
15 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).	15 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).

Or. en

Amendment 109

Michalis Hadjipantela

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13 a) The risk exposure of certain agri-food goods that use products covered by Regulation (EU) 2023/956 as key inputs, in particular fertilisers, may also increase significantly in the short term as a result of higher input prices linked to carbon pricing. Insofar as such goods are highly trade exposed and produced in installations or downstream operations that face a heightened remaining risk of carbon leakage on export markets, the Fund should be able to provide targeted support, strictly limited to the additional carbon related cost and conditional on verifiable improvements in the efficiency of fertiliser and other high-carbon inputs.

Or. en

Amendment 110

Lynn Boylan

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13 a) Downstream operators that use the products covered by Regulation (EU) 2023/956, particularly in the agri-food value chain, are facing a significant cost push due to the increase in the price of imports of those products, but which are primarily due to price impacts not related to the application of that Regulation. Therefore, Member States should be able to request the Commission to include those downstream actors in the Fund.

Or. en

Amendment 111

Aurelijus Veryga

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission	Amendment
	(13 a) To ensure that sufficient resources are available to support goods at risk of heightened carbon leakage at the national level, Member States shall be permitted to provide additional resources, beyond those foreseen under Article 3, to eligible sectors and goods, in compliance with State aid rules.

Or. en

Amendment 112

Michalis Hadjipantela

Proposal for a regulation

Recital 13 b (new)

Text proposed by the Commission	Amendment
	(13 b) For the purposes of extending support to agri-food products and downstream operators, the selection of eligible goods should be based on objective and transparent criteria, including in particular the direct and indirect costs of the implementation of Regulation (EU) 2023/956 and Directive 2003/87/EC on those product costs, expressed as a proportion of gross value added, and the trade or export intensity with third countries. Those criteria should be specified in a delegated act, following consultation of stakeholders and Member States, and ensure that support remains focused on those goods most at risk of carbon leakage in the short term.

Or. en

Amendment 113

Aurelijus Veryga

Proposal for a regulation

Recital 13 b (new)

Text proposed by the Commission	Amendment
	(13 b) If the resources under the Fund are insufficient to prevent the risk of carbon leakage, and Member States are unable to provide additional resources to address this risk, the phase-in of CBAM should be paused and the free allocation of allowances under the EU ETS reinstated, in order to avoid adverse impacts on the European economy.

Or. en

Amendment 114

Michalis Hadjipantela

Proposal for a regulation

Recital 13 c (new)

Text proposed by the Commission	Amendment
	(13 c) Operators of EU ETS installations producing cement clinker and cement are subject to the phase-out of free allocation under Directive 2003/87/EC and face a remaining risk of carbon leakage on export markets that is not fully addressed by Regulation (EU) 2023/956. The inclusion of cement clinker and cement products in the scope of the Fund is consistent with the scope of Annex I to Regulation (EU) 2023/956 and with the objective of maintaining the export competitiveness of Union cement producers, including those established in island and peripheral Member States where cement production represents a significant share of industrial output.

Or. en

Amendment 115

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Silvia Sardone

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) To ensure that the effect of the financial support is to incentivise the reduction of greenhouse gas emissions, that support should be subject to objective, non-discriminatory and pre-established conditions. To reduce administrative burden, the conditions should build on the existing administrative framework established for free allocation under the EU-ETS. To align the conditions with the existing procedure of application for free allocation, financial support should be contingent on the demonstration of the implementation of recommendations included in energy audits or equivalent measures or a legal commitment made for investments to achieve the targets and milestones referred to in a climate neutrality plan. To enable the most effective and cost-efficient emission reductions, beneficiaries should have the choice to invest their support in projects that most appropriately suit their individual situation.	deleted

Or. es

Amendment 116

Sara Matthieu

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) To ensure that the effect of the financial support is to incentivise the reduction of greenhouse gas emissions, that support should be subject to objective, non-discriminatory and pre-established conditions. To reduce administrative burden, the conditions should build on the existing administrative framework established for free allocation under the EU-ETS. To align the conditions with the existing procedure of application for free allocation, financial support should be contingent on the demonstration of the implementation of recommendations included in energy audits or equivalent measures or a legal commitment made for investments to achieve the targets and milestones referred to in a climate neutrality plan. To enable the most effective and cost-efficient emission reductions, beneficiaries should have the choice to invest their support in projects that most appropriately suit their individual situation.	(14) Support should be subject to objective, non-discriminatory and pre-established conditions which need to be verified ex ante and ex post. To ensure that the effect of the financial support is actual reduction of greenhouse gas emissions, support should be provided to new decarbonisation investments. To reduce administrative burden, the conditions should build on the existing administrative framework established for free allocation under the EU-ETS. To align the conditions with the existing procedure of application for free allocation, financial support should be contingent on the demonstration of the implementation of recommendations included in energy audits or equivalent measures and a publicly available legal commitment made for investments to achieve the 2030 targets and milestones referred to in a climate neutrality plan. Financial support should be used by the beneficiaries to finance new investments delivering the minimum decarbonisation or energy efficiency effects referred to in point 5.2 (aid for decarbonisation of industry) of the Commission communication of 4 July 2025 on the Clean Industrial Deal State Aid Framework.

Or. en

Amendment 117

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) To ensure that the effect of the financial support is to incentivise the reduction of greenhouse gas emissions, that support should be subject to objective, non-discriminatory and pre-established conditions. To reduce administrative burden, the conditions should build on the existing administrative framework established for free allocation under the EU-ETS. To align the conditions with the existing procedure of application for free allocation, financial support should be contingent on the demonstration of the implementation of recommendations included in energy audits or equivalent measures or a legal commitment made for investments to achieve the targets and milestones referred to in a climate neutrality plan. To enable the most effective and cost-efficient emission reductions, beneficiaries should have the choice to invest their support in projects that most appropriately suit their individual situation.	(14) To ensure that the effect of the financial support is to incentivise the reduction of greenhouse gas emissions and to restore a level playing field, that support should be subject to objective, non-discriminatory and pre-established conditions. To reduce administrative burden, financial support should be contingent on the demonstration of the implementation of recommendations included in energy audits or equivalent measures, or significant investments in decarbonisation. To enable the most effective and cost-efficient emission reductions, beneficiaries should have the choice to invest their support in projects that most appropriately suit their individual situation.

Or. fr

Amendment 118

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) To ensure that the effect of the financial support is to incentivise the reduction of greenhouse gas emissions, that support should be subject to objective, non-discriminatory and pre-established conditions. To reduce administrative burden, the conditions should build on the existing administrative framework established for free allocation under the EU-ETS. To align the conditions with the existing procedure of application for free allocation, financial support should be contingent on the demonstration of the implementation of recommendations included in energy audits or equivalent measures or a legal commitment made for investments to achieve the targets and milestones referred to in a climate neutrality plan. To enable the most effective and cost-efficient emission reductions, beneficiaries should have the choice to invest their support in projects that most appropriately suit their individual situation.	(14) To ensure that the effect of the financial support is a demonstrable reduction of greenhouse gas emissions, that support should be subject to objective, non-discriminatory and pre-established conditions. To reduce administrative burden, the conditions should build on the existing administrative framework established for free allocation under the EU-ETS. To align the conditions with the existing procedure of application for free allocation, financial support should be contingent on the demonstration of the implementation of recommendations included in energy audits or equivalent measures or a legal commitment made for investments to achieve the targets and milestones referred to in a climate neutrality plan. To enable the most effective and cost-efficient verifiable emission reductions, beneficiaries should invest their support in projects that most appropriately suit their individual situation. To maximize the public value of the Fund, such investments should ideally contribute to the creation of high-quality jobs and the deployment of breakthrough technologies that facilitate a total shift away from carbon-intensive production models.

Or. en

Amendment 119

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Recital 14

Text proposed by the Commission	Amendment
(14) To ensure that the effect of the financial support is to incentivise the reduction of greenhouse gas emissions, that support should be subject to objective, non-discriminatory and pre-established conditions. To reduce administrative burden, the conditions should build on the existing administrative framework established for free allocation under the EU-ETS. To align the conditions with the existing procedure of application for free allocation, financial support should be contingent on the demonstration of the implementation of recommendations included in energy audits or equivalent measures or a legal commitment made for investments to achieve the targets and milestones referred to in a climate neutrality plan. To enable the most effective and cost-efficient emission reductions, beneficiaries should have the choice to invest their support in projects that most appropriately suit their individual situation.	(14) To ensure that the effect of the financial support is to incentivise the reduction of greenhouse gas emissions, that support should be subject to objective, non-discriminatory and pre-established conditions. To reduce administrative burden, the conditions should build on the existing administrative framework established for free allocation under the EU-ETS. To align the conditions with the existing procedure of application for free allocation, financial support should be contingent on the demonstration of a legal commitment made for investments to achieve the targets and milestones referred to in a transition plan for climate change mitigation as laid down in Commission Delegated Regulation (EU) 2023/27721a and, where relevant, the implementation of recommendations included in energy audits or equivalent measures. To enable the most effective and cost-efficient emission reductions, beneficiaries should have the choice to invest their support in projects that most appropriately suit their individual situation.
	_________________
	1a Commission Delegated Regulation (EU) 2023/2772 of 31 July 2023 supplementing Directive 2013/34/EU of the European Parliament and of the Council as regards sustainability reporting standards (OJ L, 2023/2772, 22.12.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2772/oj).

Or. en

Amendment 120

Sara Matthieu

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission	Amendment
	(14 a) To ensure the protection of Union’s interests and the strengthening of the Union’s economy, beneficiaries should commit not to transfer the financed technology and the facility concerned outside of the Union’s territory, and some of the equipment used as part of the co-financed investments should be sourced from within the Union’s territory.

Or. en

Amendment 121

Sara Matthieu

Proposal for a regulation

Recital 14 b (new)

Text proposed by the Commission	Amendment
	(14 b) In line with the Union pillar of social rights, beneficiaries should demonstrate respect for established social dialogue mechanisms, the right to collective bargaining and applicable collective agreements.

Or. en

Amendment 122

Sara Matthieu

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) Following the submission of applications, the methodology for calculating the financial support by the competent authorities designated by the Member States should be laid down. That calculation should take into account the annual average of the closing prices of EU-ETS allowances on the auction platform for the years 2026 and 2027 as those years are the reference years for which the support is awarded and better reflect the cost of addressing the remaining risk of carbon leakage. Following the calculations, the competent authorities should provide the Commission with a list identifying all beneficiaries and their respective calculated financial support.	(15) Following the submission of applications, the methodology for calculating the financial support by the competent authorities designated by the Member States should be laid down. That calculation should take into account the annual average of the closing prices of EU-ETS allowances on the auction platform for the years 2026 and 2027 as those years are the reference years for which the support is awarded and better reflect the cost of addressing the remaining risk of carbon leakage; it should also consider the level of the carbon price in the export market or the absence thereof, which has an impact on the carbon leakage risk. Following the calculations, the competent authorities should provide the Commission and the public with a list identifying all beneficiaries and their respective calculated financial support.

Or. en

Amendment 123

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) Following the submission of applications, the methodology for calculating the financial support by the competent authorities designated by the Member States should be laid down. That calculation should take into account the annual average of the closing prices of EU-ETS allowances on the auction platform for the years 2026 and 2027 as those years are the reference years for which the support is awarded and better reflect the cost of addressing the remaining risk of carbon leakage. Following the calculations, the competent authorities should provide the Commission with a list identifying all beneficiaries and their respective calculated financial support.	(15) Following the submission of applications, the methodology for calculating the financial support by the Commission should be laid down. That calculation should take into account the annual average of the closing prices of EU-ETS allowances on the auction platform for the years 2026 and 2027 as those years are the reference years for which the support is awarded and better reflect the cost of addressing the remaining risk of carbon leakage. Following the calculations, the Commission should establish a list identifying all beneficiaries and their respective calculated financial support.

Or. en

Amendment 124

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Silvia Sardone

Proposal for a regulation

Recital 15

Text proposed by the Commission	Amendment
(15) Following the submission of applications, the methodology for calculating the financial support by the competent authorities designated by the Member States should be laid down. That calculation should take into account the annual average of the closing prices of EU-ETS allowances on the auction platform for the years 2026 and 2027 as those years are the reference years for which the support is awarded and better reflect the cost of addressing the remaining risk of carbon leakage. Following the calculations, the competent authorities should provide the Commission with a list identifying all beneficiaries and their respective calculated financial support.	(15) Following the submission of applications, the methodology for calculating the financial support by the competent authorities designated by the Member States should be laid down. That calculation should take into account the annual average of the closing prices of EU-ETS allowances on the auction platform for the years 2026 and 2027 as those years are the reference years for which the support is awarded and better reflect the cost of addressing the EU's climate policy. Following the calculations, the competent authorities should provide the Commission with a list identifying all beneficiaries and their respective calculated financial support.

Or. es

Amendment 125

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) Once it has verified the calculations provided by the national competent authorities, the Commission should take a decision setting out the amount allocated to each Member State specifying the amounts payable to each final beneficiary in the Member State. That decision should constitute a legal commitment in relation to the final beneficiaries within the meaning of Regulation (EU, Euratom) 2024/2590 of the European Parliament and of the Council16 . The Commission should disburse to the national competent authorities the amount allocated to each Member State, corresponding to the financial support given to final beneficiaries in that Member State. The competent authorities should then timely disburse the support to their respective final beneficiaries.	(16) The Commission should, based on its calculations, take a decision setting out the amount allocated to each Member State specifying the amounts payable to each final beneficiary in the Member State. That decision should constitute a legal commitment in relation to the final beneficiaries within the meaning of Regulation (EU, Euratom) 2024/2590 of the European Parliament and of the Council16 . The Commission should then timely disburse to the national competent authorities the amount allocated to each Member State, corresponding to the financial support given to final beneficiaries in that Member State. The competent authorities should then timely disburse the support to their respective final beneficiaries.
_________________	_________________
16 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).	16 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

Or. en

Amendment 126

Sara Matthieu

Proposal for a regulation

Recital 16

Text proposed by the Commission	Amendment
(16) Once it has verified the calculations provided by the national competent authorities, the Commission should take a decision setting out the amount allocated to each Member State specifying the amounts payable to each final beneficiary in the Member State. That decision should constitute a legal commitment in relation to the final beneficiaries within the meaning of Regulation (EU, Euratom) 2024/2590 of the European Parliament and of the Council16 . The Commission should disburse to the national competent authorities the amount allocated to each Member State, corresponding to the financial support given to final beneficiaries in that Member State. The competent authorities should then timely disburse the support to their respective final beneficiaries.	(16) Once it has verified the calculations provided by the national competent authorities, the Commission should publish a decision setting out the amount allocated to each Member State specifying the amounts payable to each final beneficiary in the Member State. That decision should constitute a legal commitment in relation to the final beneficiaries within the meaning of Regulation (EU, Euratom) 2024/2590 of the European Parliament and of the Council16 . The Commission should disburse to the national competent authorities the amount allocated to each Member State, corresponding to the financial support given to final beneficiaries in that Member State. The competent authorities should then timely disburse the support to their respective final beneficiaries.
_________________	_________________
16 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).	16 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj).

Or. en

Amendment 127

Sara Matthieu

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) To ensure the prevention, detection and tackling of fraud, corruption, conflicts of interest and other irregularities affecting the Union’s financial interests, the Commission, the European Court of Auditors and the European Anti-Fraud Office (OLAF) should have the powers conferred on them by Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (EU, Euratom) 2024/2509 to carry out audits and investigations concerning the use of Union funds under this Regulation. For the Member States participating in the enhanced cooperation in accordance with Council Regulation (EU) 2017/193918 , the European Public Prosecutor’s Office (EPPO) should investigate and prosecute offences against the Union’s financial interests.	(17) To ensure the prevention, detection and tackling of fraud, corruption, conflicts of interest and other irregularities affecting the Union’s financial interests, the Commission, the European Court of Auditors and the European Anti-Fraud Office (OLAF) should have the powers conferred on them by Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (EU, Euratom) 2024/2509 to carry out audits and investigations concerning the use of Union funds under this Regulation. For the Member States participating in the enhanced cooperation in accordance with Council Regulation (EU) 2017/193918 , the European Public Prosecutor’s Office (EPPO) should investigate and prosecute offences against the Union’s financial interests. Member States should verify that the final beneficiaries have used the financial support to carry out the investments in compliance with the conditions set out in this Regulation and should take legal action to recover the funds in case of non-compliance.
_________________	_________________
17 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/883/oj).	17 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/883/oj).
18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp. 1 ELI: http://data.europa.eu/eli/reg/2017/1939/oj).	18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp. 1 ELI: http://data.europa.eu/eli/reg/2017/1939/oj).

Or. en

Amendment 128

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) To ensure the prevention, detection and tackling of fraud, corruption, conflicts of interest and other irregularities affecting the Union’s financial interests, the Commission, the European Court of Auditors and the European Anti-Fraud Office (OLAF) should have the powers conferred on them by Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (EU, Euratom) 2024/2509 to carry out audits and investigations concerning the use of Union funds under this Regulation. For the Member States participating in the enhanced cooperation in accordance with Council Regulation (EU) 2017/193918 , the European Public Prosecutor’s Office (EPPO) should investigate and prosecute offences against the Union’s financial interests.	(17) To ensure the prevention, detection and tackling of fraud, corruption, conflicts of interest and other irregularities affecting the Union’s financial interests and objectives of this Regulation, the Commission, the European Court of Auditors and the European Anti-Fraud Office (OLAF) should have the powers conferred on them by Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17 and Regulation (EU, Euratom) 2024/2509 to carry out audits and investigations concerning the use of Union funds under this Regulation. For the Member States participating in the enhanced cooperation in accordance with Council Regulation (EU) 2017/193918 , the European Public Prosecutor’s Office (EPPO) should investigate and prosecute offences against the Union’s financial interests.
_________________	_________________
17 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/883/oj).	17 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/883/oj).
18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp. 1 ELI: http://data.europa.eu/eli/reg/2017/1939/oj).	18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp. 1 ELI: http://data.europa.eu/eli/reg/2017/1939/oj).

Or. en

Amendment 129

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Recital 17

Text proposed by the Commission	Amendment
(17) To ensure the prevention, detection and tackling of fraud, corruption, conflicts of interest and other irregularities affecting the Union’s financial interests, the Commission, the European Court of Auditors and the European Anti-Fraud Office (OLAF) should have the powers conferred on them by Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council17and Regulation (EU, Euratom) 2024/2509 to carry out audits and investigations concerning the use of Union funds under this Regulation. For the Member States participating in the enhanced cooperation in accordance with Council Regulation (EU) 2017/193918, the European Public Prosecutor’s Office (EPPO) should investigate and prosecute offences against the Union’s financial interests.	(17) To ensure the prevention, detection and tackling of fraud, corruption, conflicts of interest and other irregularities affecting the Union’s financial interests, the European Court of Auditors and the European Anti-Fraud Office (OLAF) should have the powers conferred on them by Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council and Regulation (EU, Euratom) 2024/2509 to carry out audits and investigations concerning the use of Union funds under this Regulation. For the Member States participating in the enhanced cooperation in accordance with Council Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) should investigate and prosecute offences against the Union’s financial interests.
_________________
17 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/883/oj).
18 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, pp. 1 ELI: http://data.europa.eu/eli/reg/2017/1939/oj).

Or. es

Amendment 130

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) In order to supplement non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to lay down rules in respect of the calculation and collection of each Member State’s contribution to the resources assigned to the Fund, the implementation of the Fund, including reporting and monitoring requirements, and the conditions of eligibility of the goods which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.	(18) In order to supplement non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to lay down rules in respect of the calculation and collection of each Member State’s contribution to the resources assigned to the Fund, the collection and calculation of the contribution based on the transaction levy on the secondary EU ETS market, the implementation of the Fund, including reporting and monitoring requirements, and the conditions of eligibility of the goods which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
_________________	_________________
19 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.	19 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.

Or. en

Amendment 131

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Silvia Sardone

Proposal for a regulation

Recital 18

Text proposed by the Commission	Amendment
(18) In order to supplement non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to lay down rules in respect of the calculation and collection of each Member State’s contribution to the resources assigned to the Fund, the implementation of the Fund, including reporting and monitoring requirements, and the conditions of eligibility of the goods which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.	(18) In order to supplement non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to lay down rules in respect of the calculation and collection of the contribution to the resources assigned to the Fund, the implementation of the Fund, including reporting and monitoring requirements, and the conditions of eligibility of the goods which have a low ratio of value to weight and are subject to a heightened risk of an increase in the price of production attributable to the Union's ETS and to the risk of carbon leakage aggravated by the CBAM. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making19. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
_________________	_________________
19 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.	19 OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj.

Or. es

Amendment 132

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Silvia Sardone

Proposal for a regulation

Recital 21

Text proposed by the Commission	Amendment
(21) Since the objectives of this Regulation to address remaining carbon leakage risks cannot be sufficiently achieved by the Member States in a consistent manner but can be better achieved at Union level to avoid uncoordinated support across the Union, and thereby distortions in the internal market and a weakening the overall effectiveness of the EU ETS, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.	deleted

Or. es

Amendment 133

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Recital 21

Text proposed by the Commission	Amendment
(21) Since the objectives of this Regulation to address remaining carbon leakage risks cannot be sufficiently achieved by the Member States in a consistent manner but can be better achieved at Union level to avoid uncoordinated support across the Union, and thereby distortions in the internal market and a weakening the overall effectiveness of the EU ETS, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.	deleted

Or. fr

Amendment 134

Carmen Crespo Díaz, Dolors Montserrat, Susana Solís Pérez, Esther Herranz García

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission	Amendment
2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced by eligible operators of installations in the period 2026-2027.	2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced by eligible operators of installations in the period 2026-2027, in particular where those goods constitute strategic inputs for food security, agricultural competitiveness or the resilience of essential value chains of the Union.

Or. es

Amendment 135

Sara Matthieu

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission	Amendment
2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced by eligible operators of installations in the period 2026-2027.	2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced and exported by eligible operators of Union’s installations in the period 2026-2027 by accelerating the decarbonisation of such installations.

Or. en

Amendment 136

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission	Amendment
2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced by eligible operators of installations in the period 2026-2027.	2. The Fund shall provide financial support in the period 2028-2029 to address the price increase caused by the EU ETS and the risk of carbon leakage, exacerbated by the CBAM, associated with carbon intensive goods produced by eligible operators of installations in the period 2026-2027.

Or. es

Amendment 137

Michalis Hadjipantela

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission	Amendment
2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced by eligible operators of installations in the period 2026-2027.	2. The Fund shall provide financial support in the period 2027-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced by eligible operators of installations and eligible downstream operators in the period 2026-2027.

Or. en

Amendment 138

Andreas Glück

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission	Amendment
2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced by eligible operators of installations in the period 2026-2027.	2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with eligible goods produced by eligible operators of installations or downstream operators in the period 2026-2027.

Or. en

Amendment 139

Claudiu-Richard Târziu

Proposal for a regulation

Article 1 – paragraph 2

Text proposed by the Commission	Amendment
2. The Fund shall provide financial support in the period 2028-2029 to address the remaining risk of carbon leakage associated with carbon intensive goods produced by eligible operators of installations in the period 2026-2027.	2. The Fund shall provide financial support in the period 2028-2029 to maintain industrial competitiveness, manufacturing capacities and jobs, and to prevent the relocation of the Union's industrial production, in particular in the strategic sectors listed in the Annex.

Or. ro

Amendment 140

Sara Matthieu

Proposal for a regulation

Article 1 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2 a. Moreover, in the period 2028-2029, the Fund shall contribute to international climate finance, particularly for Least Developed Countries, including for operators of installations, located in those countries, which produce the goods listed in Annex I to Regulation 2023/956, in order to accelerate the decarbonisation of, and alleviate the impact of the CBAM price on, those installations.

Or. en

Amendment 141

Michalis Hadjipantela

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) ‘operator’ means any person as defined in Article 3, point (f), of Directive 2003/87/EC carrying out one or more activities listed in Annex I to the same Directive and producing goods as referred to in Annex I to Regulation (EU) 2023/956;	(b) ‘operator’ means any person as defined in Article 3, point (f), of Directive 2003/87/EC carrying out one or more activities listed in Annex I to the same Directive or producing goods as referred to in Annex I to Regulation (EU) 2023/956;

Or. en

Amendment 142

Dimitris Tsiodras

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) ‘operator’ means any person as defined in Article 3, point (f), of Directive 2003/87/EC carrying out one or more activities listed in Annex I to the same Directive and producing goods as referred to in Annex I to Regulation (EU) 2023/956;	(b) ‘operator’ means any person as defined in Article 3, point (f), of Directive 2003/87/EC carrying out one or more activities listed in Annex I to the same Directive or producing goods as referred to in Annex I to Regulation (EU) 2023/956;

Or. en

Amendment 143

Michalis Hadjipantela

Proposal for a regulation

Article 2 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) 'downstream operator' means any person whose commercial activity is directly impacted by a carbon cost passed through by an operator, that produces eligible goods and can demonstrate a significant share of its output being exported to third-country markets or supplied to exporters of such goods;

Or. en

Amendment 144

Andreas Glück

Proposal for a regulation

Article 2 – paragraph 1 – point b a (new)

Text proposed by the Commission	Amendment
	(b a) ‘downstream operator’ means any person whose commercial activity is directly impacted by a carbon cost passed through an operator and that produces eligible goods;

Or. en

Amendment 145

Andreas Glück

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) ‘eligible good’ means any of the goods listed in the Annex;	(c) ‘eligible good’ means any of the goods listed in the Annex as well as goods identified as being subject to a heightened remaining risk of carbon leakage according to Article 6(3);

Or. en

Amendment 146

Michalis Hadjipantela

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) ‘eligible good’ means any of the goods listed in the Annex;	(c) ‘eligible good’ means any of the goods listed in the Annex, as well as any goods subject to a heightened remaining risk of carbon leakage identified pursuant to Article 6(3);

Or. en

Amendment 147

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission	Amendment
1. The Fund shall be financed by contributions from Member States.	1. The Fund shall be financed by EU contributions equivalent to 75 % of the proceeds derived from the sale of CBAM certificates during the years 2026 and 2027.

Or. es

Amendment 148

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission	Amendment
1. The Fund shall be financed by contributions from Member States.	1. The Fund shall be financed by contributions from Member States and revenues derived from a transaction fee on transactions on the secondary EU ETS market.

Or. en

Amendment 149

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission	Amendment
1. The Fund shall be financed by contributions from Member States.	1. The Fund shall be financed by contributions from Member States and from the Union budget.

Or. fr

Amendment 150

Claudiu-Richard Târziu

Proposal for a regulation

Article 3 – paragraph 1

Text proposed by the Commission	Amendment
1. The Fund shall be financed by contributions from Member States.	1. The Fund shall be financed by voluntary contributions from Member States.

Or. ro

Amendment 151

Sara Matthieu

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission	Amendment
2. Those contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.	2. Those contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027. 12.5% of the revenues shall be used for the purpose laid out in Article 1(2). 12.5% of the revenues shall be used for the purpose laid out in Article 1(2a).

Or. en

Amendment 152

Claudiu-Richard Târziu

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission	Amendment
2. Those contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.	2. Member States’ contributions to the Fund shall be voluntary. Member States may decide to allocate to the Fund up to 25% of the revenues collected from the sale of CBAM certificates provided for in Regulation (EU) 2023/956 in relation to embedded emissions declared for the years 2026 and 2027, provided that such allocation does not affect the financing of national support measures for industry, energy, agriculture and consumer protection.

Or. ro

Justification

This amendment ensures consistency with the existing CBAM framework for the period 2026-2027, while strengthening Member States’ flexibility over the use of the revenues generated; it also protects national economic priorities and avoids an excessive rerouting of resources at the expense of industrial competitiveness, energy security, agriculture and consumer protection.

Amendment 153

Adam Jarubas

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission	Amendment
2. Those contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.	2. Those contributions shall correspond to 15% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027 and to an equivalent amount from the revenues allocated to the Union budget.

Or. en

Amendment 154

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission	Amendment
2. Those contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.	2. Those Member States contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.

Or. en

Amendment 155

Anja Arndt, Marc Jongen, Ivan David

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission	Amendment
2. Those contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.	2. Those contributions shall not be transferred to the EU budget. Each Member State shall retain 100% of the revenue for use in supporting national industry.

Or. de

Justification

Fiscal revenue must remain under the primary control of national parliaments in order to ensure democratic accountability and the resilience of our industrial sector.

Amendment 156

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission	Amendment
2. Those contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.	2. Those contributions shall correspond to at least 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.

Or. fr

Amendment 157

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc

Proposal for a regulation

Article 3 – paragraph 2

Text proposed by the Commission	Amendment
2. Those contributions shall correspond to 25% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.	2. Those contributions shall correspond to 75% of the revenues that each Member State has collected from the sale of CBAM certificates pursuant to Article 20 of Regulation (EU) 2023/956 in relation to embedded emissions declared for 2026 and 2027.

Or. es

Amendment 158

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc

Proposal for a regulation

Article 3 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
	From this budget line, an annual amount of EUR 3.75 million shall be allocated for the management of the fund by the Commission. This amount shall be adjusted by an inflation index so that it remains equivalent to EUR 3.75 million in 2026 prices. The expenditure resulting from such management by the Commission shall under no circumstances exceed the funds allocated for that purpose.

Or. es

Amendment 159

Claudiu-Richard Târziu

Proposal for a regulation

Article 3 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	(2a) When allocating financial resources from the Fund, the Commission and the Member States must ensure the application of the principles of proportionality, economic cohesion and industrial solidarity, while prioritising Member States, regions and industrial sectors disproportionately affected by high energy costs, the risk of carbon leakage and deindustrialisation, strategic dependence on imports of critical raw materials and technologies and of vulnerabilities in strategic industrial value chains. The assessment of the allocation shall take into account industrial competitiveness, economic security, strategic resilience and the maintenance of essential productive capacities within the Union.

Or. ro

Justification

This amendment strengthens proportionality, economic cohesion and strategic resilience in the allocation of funding, thus ensuring proper support for Member States and sectors disproportionately affected by energy, industrial and economic pressures.

Amendment 160

Sara Matthieu

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.	3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue. The Commission shall use half of the monetary amount transferred to complement the Fund to Neighbourhood, Development and International Cooperation Instrument Global Europe (NDICI-Global Europe) and contribute to international climate finance, including to fulfil the Union’s commitment to the New Collective Quantified Goal agreed at COP29. The finance shall in particular support climate change mitigation and adaptation in Least Developed Countries and shall contribute to the decarbonisation of installations producing the goods listed in Annex I to Regulation 2023/956 in those countries. The Commission shall draw up a list of eligible operators in Least Developed Countries and identify their financial needs.

Or. en

Amendment 161

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Viktória Ferenc

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.	3. The Commission shall communicate the exact annual amounts it must contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. The Union shall allocate to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.

Or. es

Amendment 162

Michalis Hadjipantela

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.	3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the year 2026 by 31 July 2027 and for the year 2027 by 31 July 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 30 September 2027 for the revenues of the year 2026 and by 30 September 2028 for the revenues of the year 2027. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.

Or. en

Amendment 163

Claudiu-Richard Târziu

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.	3. Each Member State which decides to contribute to the Fund shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Participating Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.

Or. ro

Amendment 164

Massimiliano Salini, Fulvio Martusciello, Letizia Moratti, Flavio Tosi, Susana Solís Pérez

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.	3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article by 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.

Or. en

Amendment 165

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.	3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article by 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.

Or. en

Justification

This proposed amendment ensures that funds do not remain unused by the Commission for periods exceeding one year.

Amendment 166

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Article 3 – paragraph 3

Text proposed by the Commission	Amendment
3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article respectively by 31 March 2028 and 31 March 2029. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.	3. Each Member State shall communicate to the Commission the exact annual amounts to contribute to the Fund for the years 2026 and 2027 respectively by 31 December 2027 and 31 December 2028. Member States shall transfer to the Fund a monetary amount that corresponds to the amount referred to in paragraph 2 of this Article by 31 March 2029 at the latest. The amounts contributed shall be assigned revenue to the Fund in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. By way of derogation from that provision, the amounts contributed shall constitute external assigned revenue.

Or. fr

Amendment 167

Danuše Nerudová

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission	Amendment
4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall return the excess revenues to the Member States in proportion to their financial contribution to the Fund.	4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, any revenues remaining after the full disbursement shall be re-used for the purpose of supporting the decarbonisation of energy-intensive industries. To that end, the Commission shall, by [31 March 2030], submit a legislative proposal providing for the use of such revenues for additional support to operators in the sectors covered by this Regulation, in accordance with the objectives set out in Article 1.

Or. en

Amendment 168

Anja Arndt, Marc Jongen, Ivan David

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission	Amendment
4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall return the excess revenues to the Member States in proportion to their financial contribution to the Fund.	4. All revenue collected shall be returned to the Member States within 30 days of collection at the latest, without any additional administrative requirements

Or. de

Justification

Prevents the Commission from withholding national funds due to complex disbursement conditions or bureaucratic procedures.

Amendment 169

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission	Amendment
4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall return the excess revenues to the Member States in proportion to their financial contribution to the Fund.	4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund, by derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509. The Commission shall instead reallocate the excess revenues to the Neighbourhood, Development and International Cooperation Instrument, established by Regulation (EU) 2021/947, as additional financing for the Fund.

Or. en

Amendment 170

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission	Amendment
4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall return the excess revenues to the Member States in proportion to their financial contribution to the Fund.	4. Revenues from Member State contributions that are remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall return the excess revenues to the Member States in proportion to their financial contribution to the Fund at its earliest convenience.

Or. en

Amendment 171

Claudiu-Richard Târziu

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission	Amendment
4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall return the excess revenues to the Member States in proportion to their financial contribution to the Fund.	4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall return the excess revenues to the participating Member States in proportion to their financial contribution to the Fund.

Or. ro

Amendment 172

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 3 – paragraph 4

Text proposed by the Commission	Amendment
4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall return the excess revenues to the Member States in proportion to their financial contribution to the Fund.	4. Revenues remaining after the full disbursement of funding to final beneficiaries and payment of administrative costs of the Fund shall not be automatically carried over to be used by the Fund. By derogation from Article 12(4), point (c), of Regulation (EU, Euratom) 2024/2509, the Commission shall allocate the excess revenues to the repayment of the debt generated by the Next Generation EU fund.

Or. es

Amendment 173

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Article 3 – paragraph 5

Text proposed by the Commission	Amendment
5. The administrative costs incurred by the Commission for the implementation of the Fund shall be covered by the resources mentioned in paragraph 1.	5. The administrative costs for the implementation of the Fund shall be borne by the Commission.

Or. fr

Amendment 174

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Article 3 – paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5 a. The transaction fee referred to in paragraph 1 of this Article shall be applied to all secondary market transactions of emission allowances. To safeguard the decarbonisation incentives for industrial operators, transactions executed solely for the purpose of compliance under Directive 2003/87/EC shall be exempt. The Commission shall determine the applicable rate and technical arrangements for the collection of this fee via the delegated acts referred to in paragraph 7 of this Article.

Or. en

Amendment 175

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin, Annalisa Corrado, Sakis Arnaoutoglou

Proposal for a regulation

Article 3 – paragraph 6

Text proposed by the Commission	Amendment
6. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements necessary for the calculation and collection of each Member State’s contribution to the resources assigned to the Fund in accordance with this Article, including any relevant reporting requirements.	6. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements necessary for the calculation and collection of each Member State’s contribution to the resources assigned to the Fund, as well as the transaction fee on the secondary EU ETS market, in accordance with this Article, including any relevant reporting requirements.

Or. en

Amendment 176

Claudiu-Richard Târziu

Proposal for a regulation

Article 3 – paragraph 6

Text proposed by the Commission	Amendment
6. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements necessary for the calculation and collection of each Member State’s contribution to the resources assigned to the Fund in accordance with this Article, including any relevant reporting requirements.	6. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements necessary for the calculation, reporting and collection of each participating Member State’s contribution to the resources assigned to the Fund in accordance with this Article, including any relevant reporting requirements.

Or. ro

Amendment 177

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain, Viktória Ferenc

Proposal for a regulation

Article 3 – paragraph 6

Text proposed by the Commission	Amendment
6. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements necessary for the calculation and collection of each Member State’s contribution to the resources assigned to the Fund in accordance with this Article, including any relevant reporting requirements.	6. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements necessary for the calculation and collection of the contribution to the resources assigned to the Fund in accordance with this Article, including any relevant reporting requirements.

Or. es

Amendment 178

Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout

Proposal for a regulation

Article 3 – paragraph 6

Text proposed by the Commission	Amendment
6. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements necessary for the calculation and collection of each Member State’s contribution to the resources assigned to the Fund in accordance with this Article, including any relevant reporting requirements.	6. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements necessary for the calculation and collection of the resources assigned to the Fund in accordance with this Article, including any relevant reporting requirements.

Or. fr