Changes from report parliamentary committee draft to plenary report

AddedArticle 9 – paragraph 1: 1. The Commission 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, in a transparent 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 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) of this Regulation and in accordance with the procedures laid down in Delegated Regulation (EU) 2023/2830.

AddedArticle 9 – paragraph 1 a (new): 1a. The Commission 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 price of CBAM certificates for the reference period, as calculated pursuant to Article 22 of Regulation (EU) 2023/956 and the implementing acts adopted pursuant to paragraph 1b of this Article, taking into account the adjustment necessary to reflect the extent to which EU ETS allowances are allocated free of charge in accordance with Article 31 of Regulation (EU) 2023/956.

AddedArticle 9 – paragraph 1 b (new): 1b. The Commission shall, by means of implementing acts, specify the methodology for determining the CO2 content of inputs, the annual average price of CBAM certificates calculated as the weekly average prices of CBAM certificates published pursuant to Article 22 of Regulation (EU) 2023/956, and the parameters used for that calculation.

AddedArticle 9 – paragraph 1 c (new): 1c. Pursuant to paragraphs 1, 1a and 1b, when calculating the level of financial support, the Commission shall take into account, to the extent possible, the competitiveness risk faced by the goods in the country destination due to differences in carbon-pricing schemes and equivalent regulatory constraints on industrial emissions between that destination and the Union, notably by establishing a methodology based on public and objective indicators.

AddedArticle 10 – paragraph 1 – introductory part: 1. Upon establishing the list referred to in Article 8(5), the Commission shall perform the following actions:

AddedArticle 10 – paragraph 1 – point a: (a) review the calculation performed pursuant to Article 9(1), (1a), (1b) and (1c)

AddedArticle 10 – paragraph 1 – point b: (b) assess the inclusion of each operator, installation and downstream operator in the list;

AddedArticle 10 – paragraph 3: 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, including 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.

AddedArticle 10 – paragraph 4: 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 information on how the beneficiaries meet the conditions set out in Article 7.

AddedArticle 11 – paragraph 1: 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 relevant 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.

AddedArticle 11 – paragraph 2: 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 relevant 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.

AddedArticle 12 – paragraph 1: 1. Member States, as beneficiaries of funds under the Fund, and relevant competent authorities 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 to prevent wrongful payouts and for the recovery of amounts wrongly paid. Member States shall rely on their national budget management, control and recovery systems.

AddedArticle 12 – paragraph 2 – point a: (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; The Commission, with support of the Member State relevant competent authorities, shall verify that the final beneficiaries have used the financial support to carry out the investments and that they have complied with the conditions referred to in Article 7;

AddedArticle 12 – paragraph 2 – point e: (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.