...
2. Article 3 shall be amended as follows:
(a) point (c) shall be replaced by the following:
"(c) "greenhouse gases" means the gases listed in Annex II and other gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and re-emit infrared radiation;";
(b) point (h) shall be replaced by the following:
"(h) "new entrant" means:
- any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emissions permit for the first time after 30 June 2011,
- any installation carrying out an activity which is included in the Community scheme pursuant to Article 24(1) or (2) for the first time, or
- any installation carrying out one or more of the activities indicated in Annex I or an activity which is included in the Community scheme pursuant to Article 24(1) or (2), which has had a significant extension after 30 June 2011, only in so far as this extension is concerned.";
(c) The following points shall be added:
"(t) "combustion" means any oxidation of fuels, regardless of the way in which the heat, electrical or mechanical energy produced by this process is used, and any other directly associated activities, including waste gas scrubbing;
(u) "electricity generator" means an installation that, on or after 1 January 2005, has produced electricity for sale to third parties, and in which no activity listed in Annex I is carried out other than the "combustion of fuels".";
3. In Article 3c(2), the word "Article 11(2)" shall be replaced by "Article 13(1)";
...
14. In Article 11b(1) the following subparagraph shall be added:
"The Community and its Member States shall only authorise project activities where all project participants have headquarters either in a country that has concluded the international agreement relating to such projects or in a country or sub-federal or regional entity which is linked to the Community scheme pursuant to Article 25.";
Wiki-Markup
(a) the following paragraph shall be inserted:
"1a. The Commission shall, by 31 December 2010, examine whether the market for emissions allowances is sufficiently protected from insider dealing or market manipulation and, if appropriate, shall bring forward proposals to ensure such protection. The relevant provisions of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) \ [\] may be used with any appropriate adjustments needed to apply them to trade in commodities.
(b) the following paragraph shall be inserted:
"3a. An obligation to surrender allowances shall not arise in respect of emissions verified as captured and transported for permanent storage to a facility for which a permit is in force in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide \ [\].
(c) the following paragraph shall be added:
"5. Paragraphs 1 and 2 apply without prejudice to Article 10c.";
16. Article 13 shall be replaced by the following:
"Article 13
Validity of allowances
...
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 5
Addressees
Wiki-Markup
Done at Strasbourg, 23 April 2009.
For the European Parliament
The President
H.-G. Pöttering
For the Council
The President
P. Nečas
[
1] OJ C 27, 3.2.2009, p. 66.
[
2] OJ C 325, 19.12.2008, p. 19.
[
3] Opinion of the European Parliament of 17 December 2008 (not yet published in the Official Journal) and Council Decision of 6 April 2009.
[
4] OJ L 275, 25.10.2003, p. 32.
[
5] OJ L 33, 7.2.1994, p. 11.
[
6] OJ C 68 E, 21.3.2009, p. 13.
[
7] OJ L 52, 21.2.2004, p. 50.
[
8] OJ L 49, 19.2.2004, p. 1.
[
9] OJ L 184, 17.7.1999, p. 23.
[
10] Directive 2004/101/EC of the European Parliament and of the Council of 27 October 2004 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol’s project mechanisms (OJ L 338, 13.11.2004, p. 18).
[
11] Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).
[
12] Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny --- — Part Two (OJ L 87, 31.3.2009, p. 109).
[
13] OJ C 321, 31.12.2003, p. 1.
\
[\] OJ L 96, 12.4.2003, p. 16.";
\
[\] OJ L 140, 5.6.2009, p. 114";
\
-------------------------------------------------\-
\\
ANNEX I
Annex I to Directive 2003/87/EC shall be replaced by the following:
...
