Sittings · Document

Draft report (COM(2025)0990 – 2025/0418(COD)) 2026-05-11

Establishing the Temporary Decarbonisation Fund

Committee on the Environment, Climate and Food Safety

Amendment 179

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

Proposal for a regulation

Article 3 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
	6a. By 31 March 2028, the Commission shall carry out and submit to the European Parliament and to the Council a comprehensive assessment of the effectiveness of the Fund in:
	(a) preventing carbon leakage, including by assessing whether the current scope of eligible goods and sectors adequately reflects the sectors exposed to a risk of relocation of production outside the Union;
	(b) supporting the export competitiveness of Union producers, in particular in sectors exposed to international competition.
	The assessment shall, in particular:
	(a) evaluate whether additional goods or sectors are to be considered eligible for support under this Regulation on the basis of their exposure to carbon leakage or their need for export support;
	(b) assess the adequacy of the financial resources allocated to the Fund in light of its objectives.
	On the basis of the assessment, the Commission shall, where appropriate, submit, together with the report, a legislative proposal to revise this Regulation, with a view to:
	(i) extending the scope of the Fund to additional goods or sectors; and
	(ii) increasing the financial resources of the Fund, including by allowing for the allocation of up to 100% of the revenues generated from the sale of CBAM certificates related to exports, excluding the administrative costs incurred for the implementation of the Fund, with the aim to channel revenues back to industry to support decarbonisation and maintain competitiveness.

Or. en

Amendment 180

Claudiu-Richard Târziu

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
1. The Fund shall be implemented by the Commission under direct management within the meaning of Article 62(1), first subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, and in accordance with the other relevant rules adopted pursuant to Article 322 TFEU, including Regulation (EU, Euratom) 2020/2092.	1. The Fund shall be implemented by the Commission under direct management, in close coordination with the Member States and respecting national industrial, energy and strategic priorities, as well as the principles of subsidiarity, proportionality and technological neutrality, within the meaning of Article 62(1), first subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, and in accordance with the other relevant rules adopted pursuant to Article 322 TFEU, including Regulation (EU, Euratom) 2020/2092.

Or. ro

Justification

Ensures that implementation of the Fund remains compatible with the strategic and industrial priorities of the Member States, hence avoiding an overly centralised approach and strengthening subsidiarity, proportionality and technological neutrality.

Amendment 181

Anja Arndt, Marc Jongen, Ivan David

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
1. The Fund shall be implemented by the Commission under direct management within the meaning of Article 62(1), first subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, and in accordance with the other relevant rules adopted pursuant to Article 322 TFEU, including Regulation (EU, Euratom) 2020/2092.	1. The Temporary Decarbonisation Fund shall not be established. Member States shall retain primary responsibility for industrial policy decarbonisation strategies on their territory.

Or. de

Justification

Prevents the growth of EU bureaucracy and preserves national sovereignty over decisions pertaining to industrial policy .

Amendment 182

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

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
1. The Fund shall be implemented by the Commission under direct management within the meaning of Article 62(1), first subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, and in accordance with the other relevant rules adopted pursuant to Article 322 TFEU, including Regulation (EU, Euratom) 2020/2092.	1. The Fund shall be implemented by the Commission under direct management within the meaning of Article 62(1), first subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, and in accordance with the other relevant rules adopted pursuant to Article 322 TFEU.

Or. fr

Amendment 183

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

Proposal for a regulation

Article 4 – paragraph 1

Text proposed by the Commission	Amendment
1. The Fund shall be implemented by the Commission under direct management within the meaning of Article 62(1), first subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, and in accordance with the other relevant rules adopted pursuant to Article 322 TFEU, including Regulation (EU, Euratom) 2020/2092.	1. The Fund shall be implemented by the Commission under direct management within the meaning of Article 62(1), first subparagraph, point (a), of Regulation (EU, Euratom) 2024/2509, and in accordance with the other relevant rules adopted pursuant to Article 322 TFEU.

Or. es

Amendment 184

Adrian-George Axinia

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements concerning the implementation of the Fund, including the reporting and monitoring requirements.	2. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements concerning the implementation of the Fund, including the reporting and monitoring requirements. The Commission shall ensure an equitable geographical distribution of support, preventing concentration in a few Member States and supporting high emission-intensity sectors with limited fiscal resources

Or. en

Justification

To preserve the integrity of the Single Market and prevent a widening of industrial disparities, the Fund must act as a tool for convergence. Without explicit safeguards for geographical balance, there is a significant risk that the transition will be uneven, potentially disadvantaging border regions and Member States with limited national state-aid capacity. The criteria of convergence and limited fiscal capacity must be central to the allocation of EU funds to avoid the deindustrialization of less developed regions.

Amendment 185

Claudiu-Richard Târziu

Proposal for a regulation

Article 4 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements concerning the implementation of the Fund, including the reporting and monitoring requirements.	2. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by laying down the provisions and arrangements concerning the implementation of the Fund, including the reporting and monitoring requirements, after proper consultation of the Member States and ensuring that these requirements remain proportionate, transparent and compatible with national administrative, technical and financial capacities.

Or. ro

Justification

This amendment strengthens legal clarity and administrative cohesion, ensuring that implementation of the Fund does not place disproportionate burdens on Member States and reflects the differences in national administrative capacities.

Amendment 186

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. The Commission shall provide for a fair geographical distribution of support among Member States through delegated acts laying down the provisions and modalities for implementation of the Fund.

Or. ro

Amendment 187

Danuše Nerudová

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Every year as of 2027, the Commission shall document detailed information about the collection and use of the assigned revenue in the relevant working documents accompanying the draft budget.

Or. en

Amendment 188

Danuše Nerudová

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. By 31 December 2030, the Commission shall present a report to the European Parliament and the Council on the expenditure financed by the Fund. This report shall contain at least a detailed breakdown of funds disbursed by the Fund and applications per Member State, sector, goods and installations, and an evaluation of the Fund.	3. By 30 June 2028, the Commission shall present a report to the European Parliament and the Council on the expenditure financed by the Fund covering the applications received, the sectors and installations concerned, the level of demand for support, and an assessment of whether the available appropriations are sufficient to meet that demand. Where the implementing report concludes that the available budget is insufficient to cover the identified needs, the Commission shall, by 31 December 2029, submit a legislative proposal to extend or supplement the financial envelope of the Fund in order to ensure adequate support to eligible operators.

Or. en

Amendment 189

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

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. By 31 December 2030, the Commission shall present a report to the European Parliament and the Council on the expenditure financed by the Fund. This report shall contain at least a detailed breakdown of funds disbursed by the Fund and applications per Member State, sector, goods and installations, and an evaluation of the Fund.	3. By 31 December 2030, the Commission shall present a report to the European Parliament and the Council on the expenditure financed by the Fund. This report shall contain at least a detailed breakdown of funds disbursed by the Fund and applications per Member State, sector, goods and installations, and an evaluation of the Fund, including a specific assessment of its impact on European fertiliser production, the evolution of the costs of those inputs for agricultural holdings, dependence on imports from third countries and the competitiveness of the European agri-food chain.

Or. es

Amendment 190

Claudiu-Richard Târziu

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. By 31 December 2030, the Commission shall present a report to the European Parliament and the Council on the expenditure financed by the Fund. This report shall contain at least a detailed breakdown of funds disbursed by the Fund and applications per Member State, sector, goods and installations, and an evaluation of the Fund.	3. By 31 December 2030, the Commission shall present a report to the European Parliament and the Council on the expenditure financed by the Fund. This report shall contain at least a detailed breakdown of funds disbursed by the Fund and applications per Member State, sector, goods and installations, and an evaluation of the Fund, including its impact on industrial competitiveness, energy security, energy affordability, economic cohesion and the strategic resilience of the Union and the Member States.

Or. ro

Justification

This amendment enlarges the scope of the assessment of the Fund, taking this past purely financial or climate objectives to include competitiveness, energy security and strategic resilience as key criteria for assessing its actual effectiveness.

Amendment 191

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

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission	Amendment
3. By 31 December 2030, the Commission shall present a report to the European Parliament and the Council on the expenditure financed by the Fund. This report shall contain at least a detailed breakdown of funds disbursed by the Fund and applications per Member State, sector, goods and installations, and an evaluation of the Fund.	3. By 31 December 2030, the Commission shall present a report to the European Parliament and the Council on the performance and projected expenditure financed by the Fund. This report shall contain at least a view of revenue generated from the sources referred to in Article 3(1), a detailed breakdown of funds disbursed by the Fund, applications per Member State, sector, goods and installations, verifiable emission reductions achieved, and an evaluation of the Fund.

Or. en

Amendment 192

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

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The report referred to in paragraph 3 shall also include an assessment of the cumulative impact of the EU ETS, the CBAM, energy costs, applicable tariffs and other regulatory burdens on the competitiveness of the sectors listed in the Annex, with a particular focus on fertilisers and their effect on the costs borne by farmers. Where appropriate, the Commission shall accompany that assessment with legislative or non-legislative recommendations aimed at preventing the loss of European production capacity and excessive dependence on third countries.

Or. es

Amendment 193

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

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. By 31 December 2028, the Commission shall present an interim report to the European Parliament and the Council on the performance and projected expenditure financed by the Fund. That report shall contain at least a view of revenue generated from the sources referred to in Article 3(1), a detailed breakdown of funds disbursed by the Fund, applications per Member State, sector, goods and installations, verifiable emission reductions achieved, and an evaluation of the Fund.

Or. en

Amendment 194

Claudiu-Richard Târziu

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. When implementing and allocating resources from the Fund, the Commission and the Member States must ensure the application of the principles of proportionality, economic cohesion and strategic resilience, while prioritising Member States, regions and sectors disproportionately affected by high energy costs, the risk of industrial relocation, external strategic dependences and vulnerabilities in critical industrial value chains.

Or. ro

Justification

Ensures that the Fund functions as a tool for industrial competitiveness and economic security, protecting Member States and the sectors most exposed to energy and industrial pressures in line with the principles of proportionality and cohesion of the Union.

Amendment 195

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

Proposal for a regulation

Article 4 – paragraph 3 b (new)

Text proposed by the Commission	Amendment
	3b. By 31 December 2030, the Commission shall present a report that specifically evaluates the impact of the transaction fee on the stability and liquidity of the secondary EU ETS market, assessing its effectiveness in reducing speculative volatility without hindering the compliance activities of industrial operators.

Or. en

Amendment 196

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

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission	Amendment
	Article 4a
	Evaluation of market access barriers for certain undertakings
	1. By [one year from the entry into force of this Regulation], the Commission shall carry out an impact assessment on the need for, and possible design of, a Union support mechanism aimed at undertakings covered by Directive 2003/87/EC that are not engaged primarily in export activities or face significant barriers to accessing international markets. The impact assessment shall, in particular:
	(a) analyse the economic and structural barriers faced by such undertakings in accessing international markets, including those linked to production costs associated with Union climate policies;
	(b) evaluate the extent to which such barriers affect their competitiveness and their capacity to expand beyond the internal market;
	(c) assess the feasibility, effectiveness and proportionality of establishing a Union-level support mechanism, including financial instruments, to facilitate market access and strengthen their competitiveness;
	(d) ensure consistency with Union climate objectives, State aid rules, and the Union’s international obligations.
	2. On the basis of the impact assessment referred to in paragraph 1, the Commission shall submit a legislative proposal establishing a support mechanism at Union level, including provisions on its scope, governance, financing and eligibility criteria.

Or. en

Amendment 197

Michalis Hadjipantela

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7.	1. The operator of an installation, including but not limited to those within the scope of Directive 2003/87, producing goods not listed in the Annex, which have a low ratio of value to weight and or are subject to a heightened remaining risk of carbon leakage due to the increased raw material input cost due to the application of Regulation (EU) 2023/956 at national level as defined in the delegated act adopted in accordance with paragraph 3 of this Article, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.

Or. en

Amendment 198

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7.	1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7, provided that the installation belongs to the top 20% most efficient installations in terms of greenhouse gas emissions performance as determined by the relevant product benchmarks under Directive 2003/87/EC.

Or. en

Amendment 199

Claudiu-Richard Târziu

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7.	1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, along with other strategic and energy-intensive goods or goods of relevance for the industrial competitiveness, energy security, strategic resilience and economic autonomy of the Union and the Member States, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7.

Or. ro

Justification

Expands eligibility to better reflect the Union’s industrial, energy and strategic realities, avoiding over-limitation to a static list of sectors and strengthening industrial competitiveness, economic security and strategic resilience.

Amendment 200

Sara Matthieu

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7.	1. The operator of an installation located in the Union producing and exporting goods as listed in the Annex, which fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7.

Or. en

Amendment 201

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

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7.	1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9.

Or. es

Amendment 202

Andreas Glück

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 and subject to the conditions set out in Article 7.	1. The operator of an installation or downstream operator producing goods as listed in the Annex, which goods fall under the Combined Nomenclature (‘CN’) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9.

Or. en

Amendment 203

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

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The Commission shall, by means of implementing acts, establish the list of eligible operators or installations based on the most recent verified data provided under the EU ETS registry.

Or. en

Amendment 204

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

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.	2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a greater increase in prices attributable to the EU ETS, as well as exposure to a risk of carbon leakage exacerbated by the CBAM, or which can demonstrate significant losses resulting from Union climate legislation as defined in the delegated act adopted in accordance with paragraph 3, shall, following a reasoned request of a Member State, or pursuant to Article 8(2)(e) from the installation operator themselves, be eligible to receive financial support in accordance with Article 9.

Or. es

Amendment 205

Dimitris Tsiodras

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.	2. The operator of an installation including but not limited to those within the scope of Directive 2003/87, producing goods not listed in the Annex, which have a low ratio of value to weight or are subject to a heightened remaining risk of carbon leakage due to the increased raw material input cost due to the application of Regulation (EU) 2023/956 as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.

Or. en

Amendment 206

Michalis Hadjipantela

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.	2. Producers of goods not listed in the Annex, which are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.

Or. en

Amendment 207

Aurelijus Veryga

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.	2. The operator of an installation, including but not limited to those within the scope of Directive 2003/87, producing goods not listed in the Annex, which have a low ratio of value to weight or are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.

Or. en

Amendment 208

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

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.	2. The operator of an installation, including but not limited to those within the scope of Directive 2003/87, producing goods not listed in the Annex, which have a low ratio of value to weight or are subject to a heightened remaining risk of carbon leakage due to the increased raw material input cost due to the application of Regulation (EU) 2023/956 as defined in the delegated act adopted in accordance with paragraph 3, shall be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.

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 209

Claudiu-Richard Târziu

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.	2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, after coordinated assessment by the Commission and the Member State concerned, following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.

Or. ro

Justification

This amendment strengthens subsidiarity and flexibility for the Member States, ensuring a more balanced approach between EU supervision and national economic and industrial priorities.

Amendment 210

Andreas Glück

Proposal for a regulation

Article 6 – paragraph 2

Text proposed by the Commission	Amendment
2. The operator of an installation producing goods not listed in the Annex, which have a low ratio of value to weight and are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall, upon decision of the Commission following a reasoned request of a Member State, be eligible to receive financial support in accordance with Article 9 and be subject to the conditions set out in Article 7.	2. The operator of an installation or downstream operator producing eligible goods not listed in the Annex, which are subject to a heightened remaining risk of carbon leakage at national level as defined in the delegated act adopted in accordance with paragraph 3, shall be eligible to receive financial support in accordance with Article 9.

Or. en

Amendment 211

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 6 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
	That delegated act shall determine the impact of Union legislation on the viability of businesses, taking into account the trend in their average net turnover compared with the 2016–2018 reference period, the total costs associated with adapting to Union climate and environmental legislation, as well as the proportion of those costs relative to their annual revenue, whilst also taking into account social and economic considerations, in particular with regard to the number of jobs lost or at risk. The concept of Community priority, favouring undertakings established in a Member State, shall also be taken into account.

Or. es

Amendment 212

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

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. The Fund may also provide temporary and proportionate support to downstream energy-intensive activities not listed in the Annex, provided that all of the following conditions are met:
	(a) the activity is significantly dependent on goods covered by Regulation (EU) 2023/956;
	(b) costs arising from the application of Regulation (EU) 2023/956 are demonstrably passed from upstream operators to the downstream operator;
	(c) such cost pass-through results in a temporary and disproportionate risk of carbon leakage.
	Support granted under this paragraph shall not be contingent upon additional decarbonisation investments and shall be strictly limited to addressing unintended effects arising from incomplete coverage of the value chain.

Or. en

Justification

The provision is justified as a temporary and targeted response to transitional distortions created by the incomplete coverage of the CBAM along value chains. Downstream sectors not yet included may face indirect cost increases due to carbon cost pass-through from upstream suppliers, leading to competitiveness losses and carbon leakage risks that are regulatory in nature rather than performance-based. The Fund therefore provides limited support to correct these unintended effects until full alignment of the system is achieved.

Amendment 213

Lynn Boylan

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States that have aligned their Nitrates Action Programme with the goals of the Farm to Fork Strategy to reduce nutrient losses by at least 50%, while ensuring that there is no deterioration in soil fertility and reducing the use of fertilisers by at least 20% by 2030, may request the Commission to extend the eligibility criteria for receiving financial support from the Fund to downstream actors in the agri-food value chain established in the Member State concerned where those downstream actors are at risk of carbon leakage. The Commission shall grant such an extension, or provide a reasoned opinion for not doing so, within one month of receipt of the Member State's request.

Or. en

Amendment 214

Michalis Hadjipantela

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. A downstream operator producing eligible goods as listed in the Annex, which fall under the Combined Nomenclature (CN) codes in Regulation (EEC) No 2658/87, shall be eligible to receive financial support in accordance with Article 9 of this Regulation and subject to the conditions set out in Article 7 of this Regulation, provided it demonstrates that:
	(a) it has incurred significant additional carbon-related costs passed through from operators under Directive 2003/87/EC and/or Regulation (EU) 2023/956 in respect of such goods; and
	(b) a substantial proportion of its output of those goods is exported to third-country markets or supplied to exporters of such goods.

Or. en

Amendment 215

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

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. By way of derogation from the procedure set out in paragraph 2, where a Member State demonstrates, in its reasoned opinion, that the production of goods not listed in the Annex is exposed to an increased residual risk of carbon leakage resulting from a disruption of supply chains, the Commission shall temporarily include those goods in the scope of this Regulation without waiting for the adoption of the delegated act referred to in paragraph 3. The goods thus included shall benefit from the financial support provided for in Article 9 for the period of application of this Regulation.

Or. fr

Amendment 216

Sebastian Everding

Proposal for a regulation

Article 6 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Member States that have aligned their targets with the 'Farm to Fork' Strategy and demonstrably meet them may request the Commission to extend the eligibility of the Fund to downstream actors who are at risk of carbon leakage in the agricultural and food value chain.

Or. en

Amendment 217

Proposal for a regulation

Article 6 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2b. Support granted under Article 6(2a) shall be subject to the following requirements:
	(a) it shall be limited to the verified indirect costs arising from the pass-through of CBAM-related charges;
	(b) it shall be strictly time-bound and shall automatically terminate once the relevant downstream products are brought within the scope of Regulation (EU) 2023/956;
	(c) it shall neither lead to overcompensation nor be combined with any other Union or national support measures covering the same cost items.

Or. en

Justification

The provision is justified as a targeted safeguard to address temporary indirect cost impacts arising from CBAM pass-through effects. Limiting support to verified costs ensures objectivity and prevents misuse, while the strict time limitation guarantees alignment with the gradual extension of CBAM coverage. The prohibition of overcompensation and cumulation with other measures preserves market neutrality and avoids double funding of the same costs, ensuring fiscal and regulatory coherence.

Amendment 218

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

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.	3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph. That indicator shall take into account, in addition to carbon leakage exposure, the strategic importance of the goods for food security, agriculture, the Union’s self-sufficiency in terms of production and the resilience of essential value chains.

Or. es

Amendment 219

Claudiu-Richard Târziu

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.	3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph, after proper consultation of the Member States and with due regard for the principles of proportionality, subsidiarity, technological neutrality and industrial competitiveness.

Or. ro

Justification

Limits the risk of overcentralised enforcement and ensures that delegated acts remain compatible with Member States’ industrial, energy and strategic priorities, while maintaining legal clarity and legislative cohesion.

Amendment 220

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

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.	3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the degree of exposure to substantial price increases attributable to the EU ETS, as well as the risk of carbon leakage exacerbated by the CBAM, or the existence of significant losses resulting from Union climate legislation provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, and the procedure to make the request referred to in the first subparagraph.

Or. es

Amendment 221

Lynn Boylan

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.	3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, an indicator determining the risk of carbon leakage for downstream actors in the agri-food value chain in accordance with paragraph 2a, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.

Or. en

Amendment 222

Michalis Hadjipantela

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.	3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing the indicators determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, including downstream goods not listed in Annex I to Regulation (EU) 2023/956, the conditions that the producers of such goods need to fulfil to receive financial support, in addition to the ones set out in Article 7.

Or. en

Amendment 223

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.	3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing the indicators determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicators, including downstream goods not listed in Annex I to Regulation (EU) 2023/956, the conditions that producers of such goods need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.

Or. en

Justification

This amendment is needed to reflect the broader eligibility criteria to access compensation under the fund.

Amendment 224

Andreas Glück

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.	3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators or downstream operators need to fulfil to receive financial support.

Or. en

Amendment 225

Dimitris Tsiodras

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing an indicator determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.	3. The Commission is empowered to adopt delegated acts in accordance with Article 14 to supplement this Regulation by establishing the indicators determining the heightened remaining risk of carbon leakage provided for in paragraph 2 and a list of goods determined on the basis of that indicator, the conditions that the operators need to fulfil to receive financial support, in addition to the ones set out in Article 7, and the procedure to make the request referred to in the first subparagraph.

Or. en

Amendment 226

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

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. When assessing the admissibility of fertiliser-related goods, the Commission shall take into account their role as essential inputs for agricultural production, the existence of significant import dependency, exposure to the volatility of international markets, and the risk of additional costs being passed on to farms. In particular, the Commission shall assess the exclusion of fertiliser production from the EU Emissions Trading System where its application would undermine the competitiveness of European industry, increase dependence on third countries, or unjustifiably increase the costs borne by farmers.

Or. es

Amendment 227

Adrian-George Axinia

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The Commission shall establish a simplified fast-track procedure and a clear, binding timeline for the adoption of the delegated acts. That procedure shall ensure that the criteria for the 'opt-in' mechanism are defined well in advance of the reference periods to provide maximum legislative predictability for the affected industrial operators.

Or. en

Justification

The establishment of a simplified fast-track procedure and a binding adoption timeline for delegated acts is essential to provide industry with the legislative predictability required for long-term capital investment. By defining "opt-in" criteria well in advance of reference periods, the Union ensures legal certainty, prevents administrative "limbo," and effectively incentivizes participation in the Fund. This approach safeguards industrial competitiveness by replacing bureaucratic uncertainty with a transparent and timely regulatory framework across the Single Market

Amendment 228

Aurelijus Veryga

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. In addition to the revenues referred to in Article 3, Member States shall be permitted to allocate additional funding to support eligible goods that are at heightened risk of carbon leakage, as determined pursuant to the criteria established in this Article, provided that such support is consistent with State aid rules.

Or. en

Amendment 229

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Article 6 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The Commission shall adopt the delegated acts referred to in paragraphs 2 and 3 within 3 weeks of the adoption of this Regulation. Further necessary delegated acts may be adopted at a later stage.

Or. ro

Amendment 230

Aurelijus Veryga

Proposal for a regulation

Article 6 – paragraph 3 b (new)

Text proposed by the Commission	Amendment
	3b. If the resources under the Fund prove insufficient to prevent the risk of carbon leakage, and Member States are unable to provide additional resources to address this risk in accordance with paragraph 4 of this Article, the phase - in of Regulation (EU) 2023/956 shall be paused and the free allocation of allowances under the EU ETS reinstated.

Or. en

Amendment 231

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

Proposal for a regulation

Article 7

Text proposed by the Commission	Amendment
Article 7	deleted
Conditionality
1. Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the competent authority that one of the following conditions is fulfilled:
(a) all recommendations under Article 11 of Directive 2023/1791/EC of the European Parliament and of the Council have been implemented;
(b) the pay-back time for any remaining relevant investments exceeds five years;
(c) the cost of implementing the recommendations referred to in (a) is disproportionate and the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for investments implementing other measures which will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System for the installation concerned.
2. The conditions set out in paragraph 1, points (a), (b) and (c), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.
_________________
21 Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p. 1, ELI: http://data.europa.eu/eli/dir/2023/1791/oj).

Or. es

Amendment 232

Andreas Glück

Proposal for a regulation

Article 7

Text proposed by the Commission	Amendment
Article 7	deleted
Conditionality
1. Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the competent authority that one of the following conditions is fulfilled:
(a) all recommendations under Article 11 of Directive 2023/1791/EC of the European Parliament and of the Council21 have been implemented;
(b) the pay-back time for any remaining relevant investments exceeds five years;
(c) the cost of implementing the recommendations referred to in (a) is disproportionate and the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for investments implementing other measures which will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System for the installation concerned.
2. The conditions set out in paragraph 1, points (a), (b) and (c), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.
_________________
21 Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p. 1, ELI: http://data.europa.eu/eli/dir/2023/1791/oj).

Or. en

Amendment 233

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the competent authority that one of the following conditions is fulfilled:	1. An operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for investments to achieve the targets and milestones referred to in a transition plan for climate change mitigation as laid down in Delegated Regulation (EU) 2023/2772.
	In addition, where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the competent authority that one of the following conditions is fulfilled:

Or. en

Amendment 234

Claudiu-Richard Târziu

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
(1) Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the competent authority that one of the following conditions is fulfilled:	(1) Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates proportionately, transparently and to the satisfaction of the competent authority that one of the following conditions is fulfilled, taking into account industrial competitiveness, energy security, economic feasibility and sectoral specificities:

Or. ro

Amendment 235

Sara Matthieu

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the competent authority that one of the following conditions is fulfilled:	1. Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the competent authority and of the Commission that one of the following conditions is fulfilled:

Or. en

Amendment 236

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

Proposal for a regulation

Article 7 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the competent authority that one of the following conditions is fulfilled:	1. Where an operator is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, the operator shall receive financial support from the Fund provided that the operator demonstrates to the satisfaction of the Commission that three of the following conditions are fulfilled:

Or. en

Amendment 237

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 7 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) all recommendations under Article 11 of Directive 2023/1791/EC of the European Parliament and of the Council have been implemented21 ;	(a) any recommendations under Article 11 of Directive 2023/1791/EC of the European Parliament and of the Council have been implemented21;
_________________	_________________
21 Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p. 1, ELI: http://data.europa.eu/eli/dir/2023/1791/oj).	21 Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (OJ L 231, 20.9.2023, p. 1, ELI: http://data.europa.eu/eli/dir/2023/1791/oj).

Or. es

Amendment 238

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

Proposal for a regulation

Article 7 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) all recommendations under Article 11 of Directive 2023/1791/EC of the European Parliament and of the Council21 have been implemented;	(a) all or part of the recommendations under Article 11 of Directive 2023/1791/EC of the European Parliament and of the Council21 have been implemented;
_________________	_________________
21 Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (recast), OJ L 231, 20.9.2023, p. 1, ELI: http://data.europa.eu/eli/dir/2023/1791/oj).	21 Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 (recast), OJ L 231, 20.9.2023, p. 1, ELI: http://data.europa.eu/eli/dir/2023/1791/oj).

Or. fr

Amendment 239

Claudiu-Richard Târziu

Proposal for a regulation

Article 7 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the pay-back time for any remaining relevant investments exceeds five years;	(b) the pay-back time for any remaining relevant investments exceeds five years or – where justified by market conditions, energy costs, industrial competitiveness or strategic constraints – a proportionate deadline set by the Member State concerned;

Or. ro

Justification

This provides flexibility for Member States to adjust the economic criteria to national industrial and energy realities, hence avoiding the loss of key strategic investments due to overly rigid thresholds.

Amendment 240

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

Proposal for a regulation

Article 7 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the pay-back time for any remaining relevant investments exceeds five years;	(b) the pay-back time for any remaining relevant investments exceeds three years;

Or. en

Amendment 241

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 7 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) the cost of implementing the recommendations referred to in (a) is disproportionate and the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for investments implementing other measures which will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System for the installation concerned.	(c) the company has incurred any costs in implementing the recommendations referred to in (a)

Or. es

Amendment 242

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

Proposal for a regulation

Article 7 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(c) the cost of implementing the recommendations referred to in (a) is disproportionate and the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for investments implementing other measures which will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System for the installation concerned.	(c) the cost of implementing the recommendations referred to in (a) is disproportionate.

Or. fr

Amendment 243

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

Proposal for a regulation

Article 7 – paragraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) the operator demonstrates that the investments lead to verifiable emission reductions, precluding any support for incremental improvements to fossil-fuel-dependent technologies;

Or. en

Amendment 244

Thomas Pellerin-Carlin

Proposal for a regulation

Article 7 – paragraph 1 – point c a (new)

Text proposed by the Commission	Amendment
	(ca) the operator commits to not using the allocated funds directly or indirectly for dividend distributions and share buy-backs;

Or. en

Amendment 245

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

Proposal for a regulation

Article 7 – paragraph 1 – point c b (new)

Text proposed by the Commission	Amendment
	(cb) the operator and its parent company are not established in jurisdictions listed in the Union list of non-cooperative jurisdictions for tax purposes and do not engage in aggressive tax planning.

Or. en

Amendment 246

Michalis Hadjipantela

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission	Amendment
2. The conditions set out in paragraph 1, points (a), (b) and (c), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.	2. The conditions set out in paragraph 1, points (a), (b) and (c), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791. Beneficiaries shall retain the flexibility to select the decarbonisation measures that are most effective and cost-efficient in their specific circumstances, provided they comply with these conditionality requirements.

Or. en

Amendment 247

Claudiu-Richard Târziu

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission	Amendment
2. The conditions set out in paragraph 1, points (a), (b) and (c), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.	2. The conditions set out in paragraph 1, points (a), (b) and (c), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791, while maintaining administrative proportionality and avoiding disproportionate burdens for small and medium-sized operators and vulnerable strategic sectors.

Or. ro

Justification

Shields SMEs and strategic sectors from excessive administrative burdens while maintaining energy efficiency and emission reduction targets.

Amendment 248

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

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission	Amendment
2. The conditions set out in paragraph 1, points (a), (b) and (c), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.	2. The conditions set out in paragraph 1, points (a), (b), (c), (d), and (e) shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.

Or. en

Amendment 249

Thomas Pellerin-Carlin

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the Commission	Amendment
2. The conditions set out in paragraph 1, points (a), (b) and (c), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.	2. The conditions set out in paragraph 1, points (a), (b), (c) and (d), shall apply also to operators that are not subject to the obligation to conduct an energy audit provided that their energy audit is compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.

Or. en

Amendment 250

Lynn Boylan

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	deleted
	(This paragraph is deleted as its main content is moved to the first paragraph.)

Or. en

Amendment 251

Claudiu-Richard Târziu

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment to investments in industrial modernisation, energy efficiency, economic competitiveness, reducing energy costs and enhancing security of energy supply. Such investments may include access to stable and competitive sources of low-carbon energy, including nuclear energy, civil nuclear infrastructure, advanced nuclear technologies, biogas, biomethane, renewable and low-carbon gases, low-carbon hydrogen and other solutions in keeping with the principle of technological neutrality.

Or. ro

Amendment 252

Anja Arndt, Marc Jongen, Ivan David

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. Member States may provide support to companies to ensure their economic viability and prevent deindustrialisation, without imposing mandatory decarbonisation targets or additional climate- and emissions-related requirements.

Or. de

Justification

Prevents the use of financial aid as a tool for exerting political influence over Member States.

Amendment 253

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

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the investments necessary to achieve the targets and milestones referred to in a climate neutrality plan are significant.

Or. fr

Amendment 254

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

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. Alternatively to paragraphs 1 and 2, and subject to the mandatory fulfilment of the conditions set out in Article 7(1), points (d) and (e), an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.

Or. en

Amendment 255

Sara Matthieu

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. In addition to the conditions set out in paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates, to the satisfaction of the competent authority and the Commission, a publicly available legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the 2030 targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.

Or. en

Amendment 256

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan.

Or. en

Justification

A strict one-to-one investment requirement risks excluding financially constrained installations and thereby undermines the Fund’s primary objective of preventing carbon leakage.

Amendment 257

Michalis Hadjipantela

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan.

Or. en

Amendment 258

Dimitris Tsiodras

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan.

Or. en

Justification

A strict one-to-one investment requirement risks excluding financially constrained installations and thereby undermines the Fund’s primary objective of preventing carbon leakage.

Amendment 259

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

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission	Amendment
3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.	3. Alternatively to paragraphs 1 and 2, an operator shall receive financial support from the Fund provided that the operator demonstrates a significant reduction in turnover, actual job losses or an imminent risk of job losses, or that they have incurred expenses for investments to meet the objectives set out in the climate legislation and which are at least equivalent to the support amount applied for under this Regulation.

Or. es

Amendment 260

Sara Matthieu

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. In addition to the conditions set out in paragraphs 1, 2, and 3, an operator shall receive financial support from the Fund provided it demonstrates, to the satisfaction of the competent authority and the Commission, that is complies with all the following conditions:
	(a) in case the Fund is used to support an innovative technology, the operator has a publicly available legal commitment not to transfer it outside of the Union territory;
	(b) the operator has a publicly available legal commitment, during the 5 calendar years after the end of the investments supported by the Fund, to not directly or indirectly transfer, relocate or offshore the facility concerned outside of the Union territory;
	(c) the operator has a publicly available legal commitment to ensure the use or sourcing of at least 20% of equipment, supplies and materials, or their components, originating from the Union’s territory, for the investments supported by the Fund;
	(d) the operator complies with applicable Union and national labour, social and environmental legislation, respects established social dialogue mechanisms, respects the right to collective bargaining and applicable collective agreements signed by the most representative social partners according to national rules and practices.

Or. en

Amendment 261

Michalis Hadjipantela

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. A downstream operator shall receive support from the Fund provided that it demonstrates to the satisfaction of the competent authority that it has undertaken verifiable actions leading to a reduced use or lower-carbon use of goods included in Annexes I and II to Regulation (EU) 2023/956, or that it fulfils the conditions set out in paragraph 2 of this Article. For small and medium-sized downstream operators and agri-food operators, the Commission shall, by means of implementing acts, define standardised indicators and simplified templates to demonstrate compliance with the conditionality requirements, including where appropriate, indicators related to fertiliser-use efficiency and energy-use intensity, in order to avoid disproportionate administrative burden while maintaining robust verification of decarbonisation efforts.

Or. en

Amendment 262

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Additionally, operators shall only receive financial support from the Fund provided that the operator demonstrates that no dividend payouts, share buybacks or executive bonuses have taken place or been issued over the period 2026-2027.
	Operators that do not comply with the applicable working and employment conditions and/or employer obligations resulting from Union or national labour law or the relevant collective agreements shall not be eligible to receive financial support from the Fund.

Or. en

Amendment 263

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. In order to ensure consistency and avoid unnecessary administrative burdens, the decarbonisation requirements set out in this Article shall be aligned, to the extent possible, with the existing EU ETS framework, including as regards monitoring, reporting and the verification of emissions, as well as the applicable methodologies. The Commission shall ensure that these requirements do not result in duplicate reporting obligations or institutional fragmentation for operators.

Or. ro

Amendment 264

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

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. In the case of final beneficiaries that produce fertilisers, the conditions set forth in this article shall apply in a proportionate manner, avoiding unnecessary administrative burdens and ensuring that the financial assistance effectively contributes to preserving European production, the sector’s competitiveness and the availability of fertilisers for farmers in the Union.

Or. es

Amendment 265

Sara Matthieu

Proposal for a regulation

Article 7 – paragraph 3 b (new)

Text proposed by the Commission	Amendment
	3b. In addition to the conditions set out in paragraphs 1, 2, 3, and 3a, an operator shall receive financial support from the Fund provided that it demonstrates, to the satisfaction of the competent authority and the Commission, that it has a publicly available legal commitment to use the support provided by the Fund 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 Clean Industrial Deal State Aid Framework.

Or. en

Amendment 266

Radan Kanev

Proposal for a regulation

Article 7 a (new)

Text proposed by the Commission	Amendment
	Article 7a
	Simplified conditionality for SMEs and mid-caps
	1. By way of derogation from Article 7, where an SME or mid-cap undertaking is subject to the obligation to conduct an energy audit as a stand-alone energy audit or within the framework of a certified Energy Management System or Environmental Management System, it shall receive financial support from the Fund provided that it demonstrates to the satisfaction of the competent authority that one of the following conditions is fulfilled:
	(a) all recommendations under Article 11 of Directive (EU) 2023/1791 have been implemented;
	(b) the pay-back time for any remaining relevant investments exceeds three years;
	(c) the cost of implementing the recommendations referred to in point (a) is disproportionate and the SME or mid-cap undertaking demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for investments implementing other measures which will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System or Environmental Management System for the installation or production site concerned.
	2. The conditions set out in paragraph 1, points (a), (b) and (c), may also apply to SMEs and mid-cap undertakings that are not subject to the obligation to conduct an energy audit, provided that they voluntarily submit an energy audit compliant with the minimum criteria set out in Annex VI to Directive (EU) 2023/1791.
	3. Alternatively to paragraphs 1 and 2, an SME or mid-cap undertaking shall receive financial support from the Fund provided that it demonstrates a legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 made for investments to achieve the targets and milestones referred to in a climate-neutrality plan and which is at least equivalent to the support amount applied for under this Regulation.
	4. Where an SME or mid-cap undertaking does not fall under paragraphs 1 or 2 and does not submit a climate-neutrality plan pursuant to paragraph 3, it shall receive financial support from the Fund provided that it demonstrates :
	(a) investments reducing greenhouse gas emissions or emissions intensity;
	(b) investments reducing energy consumption or improving energy efficiency;
	(c) electrification, fuel-switching or use of low-carbon energy;
	(d) reduction in the use of carbon-intensive inputs or substitution by lower-carbon inputs;
	(e) participation in recognised national, regional or sectoral decarbonisation, energy-efficiency or environmental management schemes;
	(f) other measures producing a verifiable reduction in greenhouse gas emissions, emissions intensity, energy consumption or carbon-intensive input use.
	5. SMEs and mid-cap undertakings shall not be required to prepare a new climate-neutrality plan, verified climate-neutrality report, energy audit, certified Energy Management System or certified Environmental Management System solely for the purpose of receiving support under this Regulation, unless such document or system is otherwise required under Union or national law.
	The competent authority shall apply this Article in a proportionate manner, taking into account the size, administrative capacity and resources of the undertaking concerned.

Or. en

Amendment 267

Michalis Hadjipantela

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the competent authority of the Member State where the operator of the installation is established and cover the two years of application of the Fund.	1. The operator of an installation or a downstream operator producing goods that are eligible for financial support may submit an application for such support from the Fund:
	(a) by 31 March 2028, covering the production reference period 2026-2027; or
	(b) by 31 March 2027, covering the production reference period 2026, and by 31 March 2028, covering the production reference period 2027.
	All applications for support shall be submitted to the competent authority of the Member State where the operator of the installation or the downstream operator is established.

Or. en

Amendment 268

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

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the competent authority of the Member State where the operator of the installation is established and cover the two years of application of the Fund.	1. The operator of an installation producing goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the competent authority of the Member State where the operator of the installation is established and cover the two years of application of the Fund. That application must not be a source of administrative complexity.

Or. fr

Amendment 269

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

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the competent authority of the Member State where the operator of the installation is established and cover the two years of application of the Fund.	1. The operator of an installation producing goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the Commission and cover the two years of application of the Fund.

Or. en

Amendment 270

Andreas Glück

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the competent authority of the Member State where the operator of the installation is established and cover the two years of application of the Fund.	1. The operator of an installation or downstream operator producing goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the competent authority of the Member State where the operator of the installation or downstream operator is established and cover the two years of application of the Fund.

Or. en

Amendment 271

Sara Matthieu

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission	Amendment
1. The operator of an installation producing goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the competent authority of the Member State where the operator of the installation is established and cover the two years of application of the Fund.	1. The Union's operator of an installation producing and exporting goods that are eligible for financial support may submit an application for such support from the Fund by 31 March 2028. That application shall be submitted to the competent authority of the Member State where the operator of the installation is established and cover the two years of application of the Fund.

Or. en

Amendment 272

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) for all operators, a production data report complementing the verified activity level reports for 2026 and 2027 submitted pursuant to Article 3 of Implementing Regulation (EU) 2019/1842, providing the necessary production data to verify the eligibility for financial support;	(a) for all operators, a production data report complementing the verified activity level reports for 2026 and 2027, the trend in their average net turnover compared with the 2016–2018 reference period, the total costs associated with adapting to Union climate and environmental legislation, as well as the proportion of those costs relative to their annual revenue, whilst also taking into account social and economic considerations, in particular with regard to the number of jobs lost or at risk, and which provides the necessary production data to verify the eligibility for financial support;

Or. es

Amendment 273

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

Proposal for a regulation

Article 8 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) for all operators, a production data report complementing the verified activity level reports for 2026 and 2027 submitted pursuant to Article 3 of Implementing Regulation (EU) 2019/1842, providing the necessary production data to verify the eligibility for financial support;	(a) for all operators, production data for 2026 and 2027;

Or. fr

Amendment 274

Mohammed Chahim, Bruno Tobback, Thomas Pellerin-Carlin

Proposal for a regulation

Article 8 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) for all operators, a production data report complementing the verified activity level reports for 2026 and 2027 submitted pursuant to Article 3 of Implementing Regulation (EU) 2019/1842, providing the necessary production data to verify the eligibility for financial support;	(a) For all operators, a production data report complementing the verified activity level reports for 2026 and 2027 submitted pursuant to Article 3 of Implementing Regulation (EU) 2019/1842, providing the necessary exported production data to verify the eligibility for financial support, including verified evidence that the installation ranks within the top 20% of the most efficient installations according to the relevant EU ETS product benchmarks;

Or. en

Amendment 275

Sara Matthieu

Proposal for a regulation

Article 8 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) for all operators, a production data report complementing the verified activity level reports for 2026 and 2027 submitted pursuant to Article 3 of Implementing Regulation (EU) 2019/1842, providing the necessary production data to verify the eligibility for financial support;	(a) for all operators, a production and export data report complementing the verified activity level reports for 2026 and 2027 submitted pursuant to Article 3 of Implementing Regulation (EU) 2019/1842, providing the necessary production and export data broken down by country allowing to verify the eligibility for financial support;

Or. en

Amendment 276

Andreas Glück

Proposal for a regulation

Article 8 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) for all operators, a production data report complementing the verified activity level reports for 2026 and 2027 submitted pursuant to Article 3 of Implementing Regulation (EU) 2019/1842, providing the necessary production data to verify the eligibility for financial support;	(a) for all operators and downstream operators, a production data report complementing the verified activity level reports for 2026 and 2027 submitted pursuant to Article 3 of Implementing Regulation (EU) 2019/1842, providing the necessary exported production data to verify the eligibility for financial support;

Or. en

Amendment 277

Andreas Glück

Proposal for a regulation

Article 8 – paragraph 2 – point b

Text proposed by the Commission	Amendment
(b) for operators seeking to meet the conditionality requirements set out in Article 7(1) or (2):	deleted
(i) a verification report confirming during the verification of the annual activity level reports for the years 2026 and 2027 in accordance with Article 3 of Implementing Regulation (EU) 2019/1842 that the conditions set out in Article 7(1) or (2) have been met;
(ii) if applicable, documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(1), point (c), and the documentary evidence that the investment will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System for the installation concerned.

Or. en

Justification

Following the proposed deletion of Article 7.

Amendment 278

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 2 – point b – introductory part

Text proposed by the Commission	Amendment
(b) for operators seeking to meet the conditionality requirements set out in Article 7(1) or (2):	(b) for operators seeking to meet the admissibility requirements set out in the Commission delegated act referred to in Article 6(2):

Or. es

Amendment 279

Sara Matthieu

Proposal for a regulation

Article 8 – paragraph 2 – point b – introductory part

Text proposed by the Commission	Amendment
(b) for operators seeking to meet the conditionality requirements set out in Article 7(1) or (2):	(b) for all operators:

Or. en

Amendment 280

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Article 8 – paragraph 2 – point b – introductory part

Text proposed by the Commission	Amendment
(b) for operators seeking to meet the conditionality requirements set out in Article 7(1) or (2):	(b) for operators seeking to meet the conditionality requirements set out in Article 7(1), second subparagraph, or (2):
	(Refers to amendments made to Article 7)

Or. en

Amendment 281

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 2 – point b – point i

Text proposed by the Commission	Amendment
(i) a verification report confirming during the verification of the annual activity level reports for the years 2026 and 2027 in accordance with Article 3 of Implementing Regulation (EU) 2019/1842 that the conditions set out in Article 7(1) or (2) have been met;	(i) an audit report demonstrating the causal link between the Union’s environmental policy and the loss of their average net turnover compared with the 2016–2018 reference period, the total costs associated with adapting to Union climate and environmental legislation, as well as the proportion of those costs relative to their annual revenue, whilst also taking into account the number of jobs lost or at risk; small and medium-sized enterprises may substitute the audit report with a financial and accounting report; the cost of such reports shall be reimbursed at the fund’s expense;

Or. es

Amendment 282

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

Proposal for a regulation

Article 8 – paragraph 2 – point b – point i

Text proposed by the Commission	Amendment
(i) a verification report confirming during the verification of the annual activity level reports for the years 2026 and 2027 in accordance with Article 3 of Implementing Regulation (EU) 2019/1842 that the conditions set out in Article 7(1) or (2) have been met;	(i) a verification report confirming the annual activity level reports for the years 2026 and 2027;

Or. fr

Amendment 283

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

Proposal for a regulation

Article 8 – paragraph 2 – point b – point ii

Text proposed by the Commission	Amendment
(ii) if applicable, documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(1), point (c), and the documentary evidence that the investment will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System for the installation concerned.	deleted

Or. es

Amendment 284

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 2 – point b – point ii

Text proposed by the Commission	Amendment
(ii) if applicable, documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(1), point (c), and the documentary evidence that the investment will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System for the installation concerned.	(ii) if applicable, documentary evidence of the commitment for the investment referred to in Article 7(1), point (c).

Or. es

Amendment 285

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

Proposal for a regulation

Article 8 – paragraph 2 – point b – point ii

Text proposed by the Commission	Amendment
(ii) if applicable, documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(1), point (c), and the documentary evidence that the investment will lead to greenhouse gas emission reductions equivalent to those recommended by the audit report or by the certified Energy Management System for the installation concerned.	(ii) if applicable, documentary evidence relating to the investment referred to in Article 7(1), point (c).

Or. fr

Amendment 286

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

Proposal for a regulation

Article 8 – paragraph 2 – point b – point ii a (new)

Text proposed by the Commission	Amendment
	(iia) a technical decarbonisation plan and a certified project impact assessment demonstrating that the intended investments lead to verifiable emission reductions and do not involve incremental improvements to fossil-fuel-dependent technologies;

Or. en

Amendment 287

Thomas Pellerin-Carlin

Proposal for a regulation

Article 8 – paragraph 2 – point b – point ii a (new)

Text proposed by the Commission	Amendment
	(iia) a formal declaration signed by the operator’s legal representative committing to a prohibition on dividend distributions and share buy-backs by using the allocated funds directly or indirectly.

Or. en

Amendment 288

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

Proposal for a regulation

Article 8 – paragraph 2 – point b – point ii b (new)

Text proposed by the Commission	Amendment
	(iib) a tax transparency report and an ownership structure disclosure providing evidence that the operator and its parent company are not established in jurisdictions listed in the Union list of non-cooperative jurisdictions for tax purposes and a self-declaration that they do not engage in aggressive tax planning.

Or. en

Amendment 289

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

Proposal for a regulation

Article 8 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) for operators seeking to meet the conditionality requirements of Article 7(3) both of the following:	deleted
(i) a verified climate-neutrality report in accordance with Article 3b of Implementing Regulation (EU) 2019/1842 that has been verified as satisfactory in accordance with Commission Implementing Regulation (EU) 2018/2067; or for operators submitting a climate neutrality plan for the first time, a climate neutrality plan for their activities covered by Directive 2003/87/EC in accordance with Implementing Regulation (EU) 2023/2441;
(ii) documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(3), and the documentary evidence that the investment leads to the achievement of the targets and milestones referred to in the most recent climate neutrality plan in accordance with Implementing Regulation (EU) 2023/2441.
_________________
22 Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, pp. 94, ELI: http://data.europa.eu/eli/reg_impl/2018/2067/oj).

Or. es

Amendment 290

Andreas Glück

Proposal for a regulation

Article 8 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) for operators seeking to meet the conditionality requirements of Article 7(3) both of the following:	deleted
(i) a verified climate-neutrality report in accordance with Article 3b of Implementing Regulation (EU) 2019/1842 that has been verified as satisfactory in accordance with Commission Implementing Regulation (EU) 2018/206722 ; or for operators submitting a climate neutrality plan for the first time, a climate neutrality plan for their activities covered by Directive 2003/87/EC in accordance with Implementing Regulation (EU) 2023/2441;
(ii) documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(3), and the documentary evidence that the investment leads to the achievement of the targets and milestones referred to in the most recent climate neutrality plan in accordance with Implementing Regulation (EU) 2023/2441.
_________________
22 Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94, ELI: http://data.europa.eu/eli/reg_impl/2018/2067/oj).

Or. en

Justification

Following the proposed deletion of Article 7.

Amendment 291

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 2 – point c – introductory part

Text proposed by the Commission	Amendment
(c) for operators seeking to meet the conditionality requirements of Article 7(3) both of the following:	(c) If a Member State rejects an application for access to the Fund submitted by an installation without giving reasons, that installation may submit the application directly to the Commission.

Or. es

Amendment 292

Sara Matthieu

Proposal for a regulation

Article 8 – paragraph 2 – point c – introductory part

Text proposed by the Commission	Amendment
(c) for operators seeking to meet the conditionality requirements of Article 7(3) both of the following:	(c) for all operators:

Or. en

Amendment 293

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Article 8 – paragraph 2 – point c – introductory part

Text proposed by the Commission	Amendment
(c) for operators seeking to meet the conditionality requirements of Article 7(3) both of the following:	(c) for all operators seeking to meet the conditionality requirements of Article 7(1), first subparagraph, both of the following:
	(Change based on amendments to Article 7.)

Or. en

Amendment 294

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

Proposal for a regulation

Article 8 – paragraph 2 – point c – introductory part

Text proposed by the Commission	Amendment
(c) for operators seeking to meet the conditionality requirements of Article 7(3) both of the following:	(c) for operators seeking to meet the conditionality requirements of Article 7(3) at least one of the following:

Or. fr

Amendment 295

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

Proposal for a regulation

Article 8 – paragraph 2 – point c – introductory part

Text proposed by the Commission	Amendment
(c) for operators seeking to meet the conditionality requirements of Article 7(3) both of the following:	(c) for operators seeking to meet the conditionality requirements of Article 7(3) all of the following:

Or. en

Amendment 296

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 2 – point c – point i

Text proposed by the Commission	Amendment
(i) a verified climate-neutrality report in accordance with Article 3b of Implementing Regulation (EU) 2019/1842 that has been verified as satisfactory in accordance with Commission Implementing Regulation (EU) 2018/206722 ; or for operators submitting a climate neutrality plan for the first time, a climate neutrality plan for their activities covered by Directive 2003/87/EC in accordance with Implementing Regulation (EU) 2023/2441;	deleted
_________________
22 Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94, ELI: http://data.europa.eu/eli/reg_impl/2018/2067/oj).

Or. es

Amendment 297

Sara Matthieu

Proposal for a regulation

Article 8 – paragraph 2 – point c – point i

Text proposed by the Commission	Amendment
(i) a verified climate-neutrality report in accordance with Article 3b of Implementing Regulation (EU) 2019/1842 that has been verified as satisfactory in accordance with Commission Implementing Regulation (EU) 2018/206722 ; or for operators submitting a climate neutrality plan for the first time, a climate neutrality plan for their activities covered by Directive 2003/87/EC in accordance with Implementing Regulation (EU) 2023/2441;	(i) a verified, publicly available climate-neutrality report in accordance with Article 3b of Implementing Regulation (EU) 2019/1842 that has been verified as satisfactory in accordance with Commission Implementing Regulation (EU) 2018/206722 ; or for operators submitting a climate neutrality plan for the first time, a publicly available climate neutrality plan for their activities covered by Directive 2003/87/EC in accordance with Implementing Regulation (EU) 2023/2441;
_________________	_________________
22 Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94, ELI: http://data.europa.eu/eli/reg_impl/2018/2067/oj).	22 Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94, ELI: http://data.europa.eu/eli/reg_impl/2018/2067/oj).

Or. en

Amendment 298

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 2 – point c – point ii

Text proposed by the Commission	Amendment
(ii) documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(3), and the documentary evidence that the investment leads to the achievement of the targets and milestones referred to in the most recent climate neutrality plan in accordance with Implementing Regulation (EU) 2023/2441.	deleted

Or. es

Amendment 299

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

Proposal for a regulation

Article 8 – paragraph 2 – point c – point ii

Text proposed by the Commission	Amendment
(ii) documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(3), and the documentary evidence that the investment leads to the achievement of the targets and milestones referred to in the most recent climate neutrality plan in accordance with Implementing Regulation (EU) 2023/2441.	(ii) documentary evidence relating to the investment referred to in Article 7(1), point (c).

Or. fr

Amendment 300

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 2 – point c – point ii

Text proposed by the Commission	Amendment
(ii) documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(3), and the documentary evidence that the investment leads to the achievement of the targets and milestones referred to in the most recent climate neutrality plan in accordance with Implementing Regulation (EU) 2023/2441.	(ii) documentary evidence of the elements referred to in Article 7(3).

Or. es

Amendment 301

Sara Matthieu

Proposal for a regulation

Article 8 – paragraph 2 – point c – point ii

Text proposed by the Commission	Amendment
(ii) documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(3), and the documentary evidence that the investment leads to the achievement of the targets and milestones referred to in the most recent climate neutrality plan in accordance with Implementing Regulation (EU) 2023/2441.	(ii) documentary evidence of the publicly available legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842 for the investment referred to in Article 7(3), and the documentary evidence that the investment leads to the achievement of the targets and milestones referred to in the most recent climate neutrality plan in accordance with Implementing Regulation (EU) 2023/2441.

Or. en

Amendment 302

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

Proposal for a regulation

Article 8 – paragraph 2 – point c – point ii a (new)

Text proposed by the Commission	Amendment
	(iia) a tax transparency report and an ownership structure disclosure providing evidence that the operator and its parent company are not established in jurisdictions listed in the Union list of non-cooperative jurisdictions for tax purposes and a self-declaration that they do not engage in aggressive tax planning;

Or. en

Amendment 303

Sara Matthieu

Proposal for a regulation

Article 8 – paragraph 2 – point c – point ii a (new)

Text proposed by the Commission	Amendment
	(iia) documentary evidence of the fulfilment of the conditions set out in Article 7(3a) and (3b).

Or. en

Amendment 304

Lynn Boylan

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
	By way of derogation from the first subparagraph of this paragraph, downstream actors in the agri-food value chain eligible for the Fund in accordance with Article 6(2a), shall be subject to the conditionality criteria to be assigned by the Commission in accordance with Article 6(3).
	(Refers to an amendment made to Article 6.)

Or. en

Amendment 305

Sebastian Everding

Proposal for a regulation

Article 8 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
	By way of derogation, downstream actors in the agricultural and food value chain who are eligible for the Fund pursuant to Article 6(2a) shall be subject to the conditionality criteria laid down by the Commission pursuant to Article 6(3).

Or. en

Amendment 306

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt implementing acts to further define details related to procedural requirements, the documents and evidence submitted as part of the application procedure to be eligible for financial support by the Fund, particularly the minimum contents to be submitted as part of the production data report and the documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).	3. The Commission is empowered to adopt implementing acts to further define details related to procedural requirements, the documents and evidence submitted as part of the application procedure to be eligible for financial support by the Fund, particularly the minimum contents to be submitted as part of the report, which are as follows:

Or. es

Amendment 307

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

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission	Amendment
3. The Commission is empowered to adopt implementing acts to further define details related to procedural requirements, the documents and evidence submitted as part of the application procedure to be eligible for financial support by the Fund, particularly the minimum contents to be submitted as part of the production data report and the documentary evidence of the legal commitment within the meaning of Article 3d of Implementing Regulation (EU) 2019/1842. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).	3. The Commission is empowered to adopt implementing acts to further define details related to procedural requirements, the documents and evidence submitted as part of the application procedure to be eligible for financial support by the Fund. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

Or. fr

Amendment 308

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 3 – point a (new)

Text proposed by the Commission	Amendment
	(a) production data;

Or. es

Amendment 309

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 3 – point b (new)

Text proposed by the Commission	Amendment
	(b) change in average net turnover compared to the 2016-2018 reference period;

Or. es

Amendment 310

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

Proposal for a regulation

Article 8 – paragraph 3 – point c (new)

Text proposed by the Commission	Amendment
	(c) total expenditure on measures to adapt to EU climate and environmental legislation, and the percentage of annual revenue that figure represents;

Or. es

Amendment 311

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

Proposal for a regulation

Article 8 – paragraph 3 – point d (new)

Text proposed by the Commission	Amendment
	(d) social and economic considerations, in particular the number of jobs lost or at risk.

Or. es

Amendment 312

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The Commission is empowered to adopt delegated acts, in accordance with Article 14, to supplement this Regulation by laying down the detailed technical list of additional elements to be included in the production reports referred to in paragraph 2, with a view to ensuring consistent and transparent application of this Article. In defining those requirements, the Commission shall maintain a direct, continuous and structured consultation with the operators affected by the CBAM mechanism, taking into account their role in the financing of the mechanism and the need for reporting requirements to be proportionate, technically feasible and adjusted to the operational realities of the sectors concerned.

Or. ro

Amendment 313

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).

Or. es

Amendment 314

Aurelijus Veryga

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission	Amendment
4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.	4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. Where necessary, the competent authority shall request eligible applicants to provide missing information or clarify supporting documents within the timelines established in the implementing acts adopted pursuant to paragraph 3 of this Article. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard .

Or. en

Amendment 315

Michalis Hadjipantela

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission	Amendment
4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.	4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. Where necessary, the competent authority shall request eligible applicants to provide missing information or clarify supporting documents within the timelines established in the implementing acts adopted pursuant to paragraph 3 of this Article. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.

Or. en

Amendment 316

Sara Matthieu

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission	Amendment
4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.	4. A competent authority shall assess, with the support of the Commission, the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.

Or. en

Amendment 317

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

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission	Amendment
4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.	4. The Commission shall assess the documentation provided in accordance with paragraph 2. The Commission shall decide whether the conditions set out in Articles 6 and 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.

Or. en

Amendment 318

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

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission	Amendment
4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.	4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 or 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.

Or. fr

Amendment 319

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission	Amendment
4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Articles 6 and 7 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.	4. A competent authority shall assess the documentation provided in accordance with paragraph 2. Based on that assessment, the competent authority shall decide whether the conditions set out in Article 6 have been met. It shall recover funds if the conditions were not met and bring legal proceedings where necessary in that regard.

Or. es

Amendment 320

Michalis Hadjipantela

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission	Amendment
5. By 30 June 2028, a competent authority shall provide to the Commission a list identifying all the applicants that meet the conditions as determined in accordance with paragraph 4, their respective installations and the level of support calculated in accordance with Article 9.	5. By 30 June 2027 and 30 June 2028, the competent authority shall provide to the Commission a list identifying all the applicants that applied by 31 March 2027 and 31 March 2028 respectively, that meet the conditions as determined in accordance with paragraph 4, their respective installations or downstream operations and the level of support calculated in accordance with Article 9.

Or. en

Amendment 321

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

Proposal for a regulation

Article 8 – paragraph 5

Text proposed by the Commission	Amendment
5. By 30 June 2028, a competent authority shall provide to the Commission a list identifying all the applicants that meet the conditions as determined in accordance with paragraph 4, their respective installations and the level of support calculated in accordance with Article 9.	5. By 30 June 2028, the Commission shall establish a list identifying all the applicants that meet the conditions as determined in accordance with paragraph 4, their respective installations and the level of support calculated in accordance with Article 9.

Or. en

Amendment 322

Radan Kanev

Proposal for a regulation

Article 8 a (new)

Text proposed by the Commission	Amendment
	Article 8a
	Simplified application procedure for SMEs and mid-caps
	By way of derogation from Article 8, SMEs and mid-cap undertakings applying for support under Article 7a may submit a simplified application containing only the information and evidence strictly necessary to demonstrate compliance with Article 7a and to calculate the amount of support.
	The Commission is empowered to adopt implementing acts to further define the standard format, minimum content and evidence requirements for that simplified application, in accordance with the examination procedure referred to in Article 15(2). Those implementing acts shall ensure that SMEs and mid-cap undertakings may rely, to the greatest extent possible, on existing documents and shall not impose requirements to prepare new climate-neutrality plans, verified climate-neutrality reports, energy audits, certified Energy Management Systems or certified Environmental Management Systems where those are not otherwise required under Union or national law.

Or. en

Amendment 323

Michalis Hadjipantela

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the exported goods listed in the Annex, based on the amount of free allocation phased out, taking into account also the free allocation phased out for the relevant precursors as defined in the Regulation adopted in accordance with Regulation (EU) 2023/956 on CBAM benchmarks. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production in volume of goods listed in the Annex that has been exported to third-country markets, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform for the reference period for which an application for support has been submitted in accordance with Article 8(1), in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

Or. en

Amendment 324

Sara Matthieu

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible Union's operators, for the export of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of export (in volume) of goods listed in the Annex, multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830, and it shall be adjusted to consider the difference between the carbon price in the countries where goods are exported to and the prices of the EU ETS allowances. The carbon price in third countries shall be calculated in accordance with implementing acts adopted under Article 6.6 of Regulation 2023/956.

Or. en

Amendment 325

Adam Jarubas

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out, taking into account also the free allocation phased out for the relevant precursors as defined in the Implementing Regulation 2025/2620 adopted in accordance with Regulation 2023/956. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

Or. en

Amendment 326

Anna Zalewska, Jacek Ozdoba, Jadwiga Wiśniewska

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out, taking into account also the free allocation phased out for the relevant precursors as defined in the Implementing Regulation 2025/2620 adopted in accordance with Regulation 2023/956. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

Or. en

Justification

For the eligible products, the financial support of the fund needs to cover the additional carbon costs due to the CBAM factor for their entire production process, including for the relevant precursors subject to CBAM. Yet, the current reference to the EU ETS free allocation regulation could entail financial support only for the final production process, at least in cases where the full production process is split in several installations. Instead, it should be clarified that the financial support should take into account also the phased out free allocation of the relevant precursors (defined in the Regulation 2025/2620 on CBAM benchmarks, adopted in accordance with the CBAM Regulation 2023/956).

Amendment 327

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

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out, taking into account also the free allocation phased out for the relevant precursors as defined in the Implementing Regulation 2025/2620 adopted in accordance with Regulation 2023/956. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

Or. en

Amendment 328

Claudiu-Richard Târziu

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out, in a transparent, proportionate and administratively efficient manner. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830, while avoiding excessive administrative complexity and ensuring practical applicability for operators and competent authorities.

Or. ro

Justification

The amendment ensures full consistency with the existing Union legal framework, while strengthening proportionality, administrative efficiency and the practical applicability of the mechanism in order to avoid excessive bureaucratic burdens that could reduce the efficiency of the Fund and industrial competitiveness.

Amendment 329

Radan Kanev

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the exported goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

Or. en

Amendment 330

Andreas Glück

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the exported production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

Or. en

Amendment 331

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

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out, the percentage of annual revenue spent on measures to adapt to EU climate and environmental legislation, and the number of jobs lost or at risk, according to the audit report. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

Or. es

Amendment 332

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

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the Commission	Amendment
1. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible operators, for the production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.	1. The Commission shall assess and calculate the amount of financial support to be provided to eligible operators, for the exported production of each of the goods listed in the Annex, based on the amount of free allocation phased out. That amount of allowances shall be calculated in accordance with Article 16(8) of Delegated Regulation (EU) 2019/331 and take into account the Decision the Commission has adopted in accordance with Article 23(4) of that Regulation. To obtain the financial value of the support, the amount of free allowances shall be adjusted to the share of production (in volume) of goods listed in the Annex, and multiplied with the annual average of the closing prices of EU ETS allowances on the common auction platform in 2026 and 2027, in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

Or. en

Amendment 333

Michalis Hadjipantela

Proposal for a regulation

Article 9 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible downstream operators for the production of each exported good listed in the Annex, based on:
	(a) the volume of those goods exported;
	(b) the CO2 content of the CBAM-covered inputs or precursors used to produce those goods; and
	(c) the annual average of the closing prices of EU ETS allowances on the common auction platform for the reference period for which an application for support has been submitted, in accordance with Article 8(1) of this Regulation and with the procedures laid down in Delegated Regulation (EU) 2023/2830.
	The Commission shall, by means of a delegated act, specify the methodology for determining the CO2 content of inputs and the parameters for the calculation.

Or. en

Amendment 334

Andreas Glück

Proposal for a regulation

Article 9 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The competent authorities shall assess and calculate the amount of financial support to be provided to eligible downstream operators, for the exported production of eligible goods. The Commission shall adopt a delegated act laying down the rules for competent authorities to calculate this financial support.

Or. en

Amendment 335

Michalis Hadjipantela

Proposal for a regulation

Article 9 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
	1b. When determining the amount of financial support pursuant to paragraphs 1 and 1a, the competent authorities shall take into account, to the extent possible, the competitiveness risk faced by the goods in the export destination due to differences in carbon-pricing schemes and equivalent regulatory constraints on industrial emissions between that destination and the Union. The Commission shall, by means of an implementing act, establish a methodology based on public, objective indicators, including the presence and level of explicit carbon-pricing mechanisms in the export destination and the existence of equivalent regulatory requirements. That methodology shall be applied in a non-discriminatory manner between Member States and between sectors.

Or. en

Amendment 336

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

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission	Amendment
2. The total financial support granted by the Fund to all final beneficiaries shall not exceed the resources of the Fund referred to in Article 3(2), reduced by the administrative costs incurred by the Commission pursuant to Article 3(5).	2. The total financial support granted by the Fund to all final beneficiaries shall not exceed the resources of the Fund referred to in Article 3(2).

Or. fr

Amendment 337

Sara Matthieu

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission	Amendment
2. The total financial support granted by the Fund to all final beneficiaries shall not exceed the resources of the Fund referred to in Article 3(2), reduced by the administrative costs incurred by the Commission pursuant to Article 3(5).	2. The total financial support granted by the Fund to all final beneficiaries shall not exceed half of the resources of the Fund referred to in Article 3(2), reduced by the administrative costs incurred by the Commission pursuant to Article 3(5).

Or. en

Amendment 338

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

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission	Amendment
2. The total financial support granted by the Fund to all final beneficiaries shall not exceed the resources of the Fund referred to in Article 3(2), reduced by the administrative costs incurred by the Commission pursuant to Article 3(5).	2. The total financial support granted by the Fund to all final beneficiaries shall not exceed the resources of the Fund referred to in Article 3(2), reduced by the administrative costs incurred by the Commission pursuant to Article 2a.

Or. es

Amendment 339

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

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission	Amendment
	Article 9a
	When calculating support for fertiliser-related goods, the Commission and the competent authorities shall take into account the need to maintain European production of strategic inputs, reduce the risk of dependence on third countries and avoid, as far as possible, passing on additional costs to agricultural holdings.

Or. es

Amendment 340

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

Proposal for a regulation

Article 10 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. Upon receipt of the list referred to in Article 8(5), the Commission shall perform the following actions:	1. Upon establishing the list referred to in Article 8(5), the Commission shall perform the following actions:

Or. en

Amendment 341

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

Proposal for a regulation

Article 10 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) review the calculation performed by the competent authorities pursuant to Article 9(1);	deleted

Or. en

Amendment 342

Andreas Glück

Proposal for a regulation

Article 10 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) review the calculation performed by the competent authorities pursuant to Article 9(1);	(a) review the calculation performed by the competent authorities pursuant to Article 9(1) and (1a);

Or. en

Amendment 343

Andreas Glück

Proposal for a regulation

Article 10 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) assess the inclusion of each operator and installation in the list;	(b) assess the inclusion of each operator, installation and downstream operator in the list;

Or. en

Amendment 344

Proposal for a regulation

Article 10 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) assess the inclusion of each operator and installation in the list;	(b) assess the inclusion of each producer of eligible goods in the list;

Or. en

Justification

This amendments is needed to reflect the broader eligibility criteria to access compensation under the fund.

Amendment 345

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

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the Commission	Amendment
2. The Commission shall proportionally reduce the amount of support to be awarded to each final beneficiary in accordance with Article 9(1) where it is needed to comply with Article 9(2).	2. The Commission shall reduce the amount of support to be awarded to each final beneficiary in accordance with Article 9(1) where it is needed to comply with Article 9(2). When adjusting each amount, priority access to the Fund shall be given to the sectors listed in the Annex, applying the principle of Community preference to companies registered in a Member State and giving special consideration to SMEs.

Or. es

Amendment 346

Michalis Hadjipantela

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. Based on its assessment in accordance with paragraph 1, the Commission shall adopt an implementing decision on the financial support to the operators upon availability of the resources of the Fund. That decision shall constitute a financing decision within the meaning of Article 110 of Regulation (EU, Euratom) 2024/2509. The notification of that decision to the competent authority concerned shall constitute an individual legal commitment within the meaning of Regulation (EU, Euratom) 2024/2509.	3. Based on its assessment in accordance with paragraph 1, the Commission shall adopt an implementing decision by 31 December 2027 for the lists received by 30 June 2027 and by 31 December 2028 for the lists received by 30 June 2028 on the financial support to the operators and downstream operators upon availability of the resources of the Fund. That decision shall constitute a financing decision within the meaning of Article 110 of Regulation (EU, Euratom) 2024/2509. The notification of that decision to the competent authority concerned shall constitute an individual legal commitment within the meaning of Regulation (EU, Euratom) 2024/2509.

Or. en

Amendment 347

Aurelijus Veryga

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. Based on its assessment in accordance with paragraph 1, the Commission shall adopt an implementing decision on the financial support to the operators upon availability of the resources of the Fund. That decision shall constitute a financing decision within the meaning of Article 110 of Regulation (EU, Euratom) 2024/2509. The notification of that decision to the competent authority concerned shall constitute an individual legal commitment within the meaning of Regulation (EU, Euratom) 2024/2509.	3. Based on its assessment in accordance with paragraph 1, and by no later than 30 September 2028, the Commission shall adopt an implementing decision on the financial support to the operators upon availability of the resources of the Fund. That decision shall constitute a financing decision within the meaning of Article 110 of Regulation (EU, Euratom) 2024/2509. The notification of that decision to the competent authority concerned shall constitute an individual legal commitment within the meaning of Regulation (EU, Euratom) 2024/2509.

Or. en

Amendment 348

Andreas Glück

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. Based on its assessment in accordance with paragraph 1, the Commission shall adopt an implementing decision on the financial support to the operators upon availability of the resources of the Fund. That decision shall constitute a financing decision within the meaning of Article 110 of Regulation (EU, Euratom) 2024/2509. The notification of that decision to the competent authority concerned shall constitute an individual legal commitment within the meaning of Regulation (EU, Euratom) 2024/2509.	3. Based on its assessment in accordance with paragraph 1, the Commission shall adopt an implementing decision on the financial support to the operators and downstream operators upon availability of the resources of the Fund. That decision shall constitute a financing decision within the meaning of Article 110 of Regulation (EU, Euratom) 2024/2509. The notification of that decision to the competent authority concerned shall constitute an individual legal commitment within the meaning of Regulation (EU, Euratom) 2024/2509.

Or. en

Amendment 349

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission	Amendment
3. Based on its assessment in accordance with paragraph 1, the Commission shall adopt an implementing decision on the financial support to the operators upon availability of the resources of the Fund. That decision shall constitute a financing decision within the meaning of Article 110 of Regulation (EU, Euratom) 2024/2509. The notification of that decision to the competent authority concerned shall constitute an individual legal commitment within the meaning of Regulation (EU, Euratom) 2024/2509.	3. Based on its assessment in accordance with paragraph 1, the Commission shall adopt an implementing decision on the financial support to producers of eligible goods upon availability of the resources of the Fund. That decision shall constitute a financing decision within the meaning of Article 110 of Regulation (EU, Euratom) 2024/2509. The notification of that decision to the competent authority concerned shall constitute an individual legal commitment within the meaning of Regulation (EU, Euratom) 2024/2509.

Or. en

Justification

This amendment is needed to reflect the broader eligibility criteria to access compensation under the fund.

Amendment 350

Sara Matthieu

Proposal for a regulation

Article 10 – paragraph 4

Text proposed by the Commission	Amendment
4. The decision referred to in paragraph 3 shall set out the total amount to be transferred to the respective Member State, the list of the final beneficiaries of financial support and the amount for each recipient.	4. The decision referred to in paragraph 3 shall be publicly available and set out the total amount to be transferred to the respective Member State, the list of the final beneficiaries of financial support and the amount for each recipient, and evidence of how the beneficiaries meet the conditions set out in Article 7.

Or. en

Amendment 351

Sara Matthieu

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
1. Following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission may also pay support with respect to investments and productions even if already completed.	1. Following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities.

Or. en

Amendment 352

Aurelijus Veryga

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
1. Following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission may also pay support with respect to investments and productions even if already completed.	1. Within one month following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission may also pay support with respect to investments and productions even if already completed.

Or. en

Amendment 353

Michalis Hadjipantela

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
1. Following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission may also pay support with respect to investments and productions even if already completed.	1. Within one month following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission may also pay support with respect to investments and productions even if already completed.

Or. en

Amendment 354

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
1. Following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission may also pay support with respect to investments and productions even if already completed.	1. Following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission's support shall be paid to productions already completed.

Or. en

Justification

With this proposed change it is clarified that all support will be paid retroactively.

Amendment 355

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

Proposal for a regulation

Article 11 – paragraph 1

Text proposed by the Commission	Amendment
1. Following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission may also pay support with respect to investments and productions even if already completed.	1. Following the adoption of the decision referred to in Article 10(3), the Commission shall disburse the total amount set out in that decision to the competent authorities. By derogation from Article 196(3) of Regulation (EU, Euratom) 2024/2509, the Commission support shall be paid to productions already completed.

Or. en

Amendment 356

Aurelijus Veryga

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission	Amendment
2. Within one month upon receipt of the funding from the Commission and at the latest on 31 December 2029, the competent authorities shall disburse the financial support awarded by the Commission under the decisions referred to in Article 10(3) to the final beneficiaries and shall inform the Commission immediately after the disbursements are made.	2. The competent authorities shall disburse the financial support awarded by the Commission under the decisions referred to in Article 10(3) to the final beneficiaries and shall inform the Commission immediately after the disbursements are made.
	The competent authority shall disburse the financial support related to production year 2026 to final beneficiaries within one month upon receipt of the funding from the Commission and at the latest on 31 December 2028. The competent authority shall disburse the financial support related to production year 2027 within one month upon receipt of the funding from the Commission and at the latest on 31 December 2029.

Or. en

Amendment 357

Michalis Hadjipantela

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission	Amendment
2. Within one month upon receipt of the funding from the Commission and at the latest on 31 December 2029, the competent authorities shall disburse the financial support awarded by the Commission under the decisions referred to in Article 10(3) to the final beneficiaries and shall inform the Commission immediately after the disbursements are made.	2. Within one month upon receipt of the funding from the Commission and at the latest on 31 March 2028 for the implementing decisions referred to in Article 10(3) adopted by 31 December 2027 and on 31 March 2029 for the implementing decisions referred to in Article 10(3) adopted by 31 December 2028, the competent authorities shall disburse the financial support awarded by the Commission to the final beneficiaries and shall inform the Commission immediately after the disbursements are made.

Or. en

Amendment 358

Adrian-George Axinia

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission	Amendment
2. Within one month upon receipt of the funding from the Commission and at the latest on 31 December 2029, the competent authorities shall disburse the financial support awarded by the Commission under the decisions referred to in Article 10(3) to the final beneficiaries and shall inform the Commission immediately after the disbursements are made.	2. Within one month upon receipt of the funding from the Commission and at the latest on 31 December 2028, the competent authorities shall disburse the financial support awarded by the Commission under the decisions referred to in Article 10(3) to the final beneficiaries and shall inform the Commission immediately after the disbursements are made.

Or. en

Justification

The 2029 deadline is too late to address the immediate cash-flow challenges caused by the phase-out of ETS free allocations and the start of CBAM costs. Advancing the payment to early 2028 is essential to maintain industrial liquidity and accelerate the deployment of clean technologies.

Amendment 359

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission	Amendment
2. Within one month upon receipt of the funding from the Commission and at the latest on 31 December 2029, the competent authorities shall disburse the financial support awarded by the Commission under the decisions referred to in Article 10(3) to the final beneficiaries and shall inform the Commission immediately after the disbursements are made.	2. Within one month upon receipt of the funding from the Commission and at the latest on 31 December 2028, the competent authorities shall disburse the financial support awarded by the Commission under the decisions referred to in Article 10(3) to the final beneficiaries and shall inform the Commission immediately after the disbursements are made.

Or. ro

Justification

Shortening the disbursement timeline from late 2029 to late 2028 would provide timely liquidity. The current deadline is liable to pose significant risks to the financial stability and competitiveness of exposed industries.

Amendment 360

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission	Amendment
1. Member States, as beneficiaries of funds under the Fund, shall take all the appropriate measures to protect the financial interests of the Union and to ensure that the use of the financial allocations complies with applicable Union and national law, in particular regarding the prevention, detection and tackling of fraud, corruption, conflicts of interests and all other irregularities affecting the financial interests of the Union. To that effect, Member States shall take any necessary measures for the recovery of amounts wrongly paid. Member States shall rely on their national budget management, control and recovery systems.	1. Member States, as beneficiaries of funds under the Fund, and the Commission, as administrator of the Fund, shall take all the appropriate measures to protect the financial interests of the Union and to ensure that the use of the financial allocations complies with applicable Union and national law, in particular regarding the prevention, detection and tackling of fraud, corruption, conflicts of interests and all other irregularities affecting the financial interests of the Union. To that effect, Member States and the Commission shall take any necessary measures for the recovery of amounts wrongly paid. Member States shall rely on their national budget management, control and recovery systems.

Or. es

Amendment 361

Michalis Hadjipantela

Proposal for a regulation

Article 12 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The Commission shall ensure that the implementation of the Fund is fully integrated into its strategy for the protection of the Union's financial interests in the climate and energy field, including through risk-based controls, the use of digital tools for data-matching with EU ETS and CBAM registries, and coordination with the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) where applicable, and national authorities, in accordance with Regulations (EU, Euratom) No 883/2013 and (EU, Euratom) 2024/2509.

Or. en

Amendment 362

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 12 – paragraph 2 – introductory part

Text proposed by the Commission	Amendment
2. The decision referred to in Article 10(3) shall provide for the following obligations on the Member States:	2. The decision referred to in Article 10(3) shall provide for the following obligations on the Member States and the Commission:

Or. es

Amendment 363

Sara Matthieu

Proposal for a regulation

Article 12 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) that Member States take appropriate measures to prevent, detect and tackle fraud, corruption, conflicts of interests and all other irregularities affecting the financial interest of the Union within the meaning of Article 61 of Regulation (EU, Euratom) 2024/2509 and to take legal action to recover funds that have been unduly spent or misappropriated;	(a) that Member States take appropriate measures to prevent, detect and tackle fraud, corruption, conflicts of interests, non-compliance and all other irregularities affecting the financial interest of the Union within the meaning of Article 61 of Regulation (EU, Euratom) 2024/2509 and to take legal action to recover funds that have been unduly spent or misappropriated; Member States shall verify that the final beneficiaries have used the financial support to carry out the investments and that they have complied and continue to comply with the conditions referred to in Article 7; Member States shall take legal action to recover the funds in case of non-compliance with Article 7;

Or. en

Amendment 364

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 12 – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) that Member States take appropriate measures to prevent, detect and tackle fraud, corruption, conflicts of interests and all other irregularities affecting the financial interest of the Union within the meaning of Article 61 of Regulation (EU, Euratom) 2024/2509 and to take legal action to recover funds that have been unduly spent or misappropriated;	(a) that the Commission and the Member States take appropriate measures to prevent, detect and tackle fraud, corruption, conflicts of interests and all other irregularities affecting the financial interest of the Union within the meaning of Article 61 of Regulation (EU, Euratom) 2024/2509 and to take legal action to recover funds that have been unduly spent or misappropriated, including funds unduly spent as part of the administrative costs incurred by the Commission;

Or. es

Amendment 365

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 12 – paragraph 2 – point c

Text proposed by the Commission	Amendment
(c) to expressly authorise that the Commission, OLAF, the Court of Auditors and, in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, the EPPO can exert their rights as provided for in Article 129(1) of Regulation (EU, Euratom) 2024/2059 and to impose obligations on all final beneficiaries of the financial support to expressly authorise the Commission, OLAF, the Court of Auditors and, where applicable, EPPO to exert their rights as provided for in Article 129(1) of Regulation (EU, Euratom) 2024/2059 and to impose similar obligations on all final beneficiaries of funds disbursed;	(c) to expressly authorise that OLAF, the Court of Auditors and, in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, the EPPO can exert their rights as provided for in Article 129(1) of Regulation (EU, Euratom) 2024/2059 and to impose obligations on all final beneficiaries of the financial support to expressly authorise OLAF, the Court of Auditors and, where applicable, EPPO to exert their rights as provided for in Article 129(1) of Regulation (EU, Euratom) 2024/2059 and to impose similar obligations on all final beneficiaries of funds disbursed;

Or. es

Amendment 366

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 12 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) to expressly authorise that the Commission has the right to reduce the financial support under the Fund proportionately and recover any amount due to the Union budget, in cases of fraud, corruption, conflict of interests or any other irregularity affecting the financial interests of the Union.	(e) to recover any amount due to the Union budget, in cases of fraud, corruption, conflict of interests or any other irregularity affecting the financial interests of the Union.

Or. es

Amendment 367

Sara Matthieu

Proposal for a regulation

Article 12 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) to expressly authorise that the Commission has the right to reduce the financial support under the Fund proportionately and recover any amount due to the Union budget, in cases of fraud, corruption, conflict of interests or any other irregularity affecting the financial interests of the Union.	(e) to expressly authorise that the Commission has the right to reduce the financial support under the Fund proportionately and recover any amount due to the Union budget, in cases of fraud, corruption, conflict of interests, non-compliance or any other irregularity affecting the financial interests of the Union.

Or. en

Amendment 368

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 12 – paragraph 3

Text proposed by the Commission	Amendment
3. When deciding on the amount of the recovery and reduction the Commission shall respect the principle of proportionality and shall take into account the seriousness of the concerned fraud, corruption, conflict of interests and other irregularity affecting the financial interests of the Union, or of a breach of an obligation. The Commission shall give the Member State the opportunity to present its observations before the reduction is made.	3. When deciding on the amount of the recovery and reduction, the principle of proportionality shall be respected, and the seriousness of the concerned fraud, corruption, conflict of interests and other irregularity affecting the financial interests of the Union, or of a breach of an obligation, shall be taken into account. The Member State shall have the opportunity to present its observations before the reduction is made.

Or. es

Amendment 369

Lynn Boylan, Sebastian Everding

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission	Amendment
	Article 12a
	Commission Reports
	By ... [six months from the entry into force of this Regulation], the Commission shall provide a quantified estimation of the additional decarbonisation expected to be triggered by the Fund in comparison to business as usual. Within six months of the termination of the Fund, the Commission shall provide a report to the European Parliament and the Council holistically reviewing the Fund, including the following elements:
	(a) geographical balance of disbursements;
	(b) ex-post assessment of additional decarbonisation triggered by the Fund in comparison to business as usual.

Or. en

Amendment 370

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission	Amendment
1. The final beneficiaries shall be responsible of the data submitted under this Regulation by them and keep complete and accurate records of the activities referred to in Article 7 substantiating their submissions.	1. The final beneficiaries shall be responsible of the data submitted under this Regulation by them and keep complete and accurate records of the activities substantiating their submissions.

Or. es

Amendment 371

Jorge Buxadé Villalba, Marie-Luce Brasier-Clain

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission	Amendment
3. The final beneficiaries shall cooperate with the Commission or the relevant competent authority when they perform audits, evaluations, and monitoring activities. Upon request, the final beneficiaries shall timely provide the information and documents referred to in paragraph 1 to the competent authorities and to the Commission.	3. The final beneficiaries shall cooperate with the relevant competent authority when they perform audits, evaluations, and monitoring activities. Upon request, the final beneficiaries shall timely provide the information and documents referred to in paragraph 1 to the competent authorities and to the Commission.

Or. es

Amendment 372

Daniel Buda, Ioan-Rareş Bogdan

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission	Amendment
2. The power to adopt delegated acts referred to in Article 3(6), Article 4(2) and Article 6(3) shall be conferred on the Commission for a period of five years ending on [OP please insert the date: five years after the entry into force of this Regulation].	2. The power to adopt delegated acts referred to in Article 3(6), Article 4(2) and Article 6(3), and in Article 8(3a) shall be conferred on the Commission for a period of five years ending on [OP please insert the date: five years after the entry into force of this Regulation].

Or. ro