28 Amendments of Miapetra KUMPULA-NATRI related to 2021/0210(COD)
Amendment 181 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel something that could also contribute to a risk of loss of competitiveness of Union ports vis-à-vis non-Union ports. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.
Amendment 186 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Every year over a period of five years as from the entry into force of the FuelEU Maritime Regulation, the EU Commission should evaluate the impact of FuelEU Maritime on EU ports exposed to competition from non-EU ports. A list of those ports shall be established, their emissions monitored and the evolution of the volumes tracked in order to determine whether variations are due to market conditions or can be attributed to carbon leakage. Should the cargo diversion be caused by the introduction of FuelEU Maritime, the EU Commission will have to thoroughly evaluate the loss of competitiveness and allocate additional funding for clean port infrastructure and for the greening of superstructure such as new clean mobile service equipment.
Amendment 190 #
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warships, naval auxiliaries, fish-catching or fish- processing ships, or government ships used for non-commercial purposes. Ships not covered by this Regulation should be encouraged to comply with the obligations of this Regulation on a voluntary basis.
Amendment 216 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The development and production of sustainable maritime fuels should be exponentially increased in the coming years. The EU and the Member States should invest in the research and production of sustainable maritime fuel projects as they present both an environmental and an industrial opportunity. The production of sustainable maritime fuels should be concentrated inside the Union, creating industrial, labour and research opportunities in all the Member States. As there is an urgent need to support research and innovation for maritime fuels, an EU research centre for alternative marine fuels and technologies could be created. This centre should coordinate the sector stakeholders involved in the development of sustainable renewable fuels and possibly co-finance investment and research, development and deployment through the ETS maritime revenues.
Amendment 223 #
Proposal for a regulation
Recital 17
Recital 17
(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation. It should be also taken into account that allowing the use of verified actual emission factors is necessary for incentivizing the research and development of cleaner fuels and propulsion systems.
Amendment 231 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) In the event that the fuel necessary for a ship to comply cannot be supplied at a port under the jurisdiction of a Member State, the ship should report the inability to obtain such fuel to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State.
Amendment 248 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) The use of blockchain technology should be encouraged in order to render monitoring and reporting processes more secure and accurate.
Amendment 258 #
Proposal for a regulation
Recital 39
Recital 39
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, calculation of the amounts of penalties andor in case of repeated violations refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.
Amendment 261 #
Proposal for a regulation
Recital 40 a (new)
Recital 40 a (new)
(40 a) Alternative fuels and technologies are a quickly developing area of research and development. The Commission should therefore prepare a technology-readiness report, analyzing the market readiness and availability of key zero- and low- emission propulsion systems and fuel technologies two years after the entry into force of this Regulation. The report should serve as the basis for the review of the emission factors listed in Annex and, if necessary, the inclusion of well-to-wake emission factors for any new sources of energy and the update of existing values.
Amendment 263 #
Proposal for a regulation
Recital 42
Recital 42
(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it could be regarded as more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. The EU must continue its efforts to promote more ambitious maritime decarbonization targets within the IMO. Where an agreement on a global aproach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate, with the international rules.
Amendment 277 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the energy supplied and used during their stay within a port of call under the jurisdiction of a Member State,
Amendment 281 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) all the fuels purchased in EU ports.
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
By way of derogation, point (b) of paragraph 1 shall not apply until 31th December 2029 to passenger and Ro-Ro passenger ships calling at ports of islands within the same Member State with less than 100.000 permanent residents, according to the latest official national census of the population. Member States shall notify the Commission about the routes and islands exempted as well as for any alterations thereof.
Amendment 293 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth; without the additional energy used due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and the additional energy used by a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class due to sailing in ice conditions 27a ; _________________ 27aFor further information on correspondence between ice classes, see HELCOM Recommendation 25/7 at http://www.helcom.fi.
Amendment 306 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The yearly average greenhouse gas intensity of the energy supplied and used on-board by a ship during a reporting period shall not exceed the limit set out in paragraph 2.
Amendment 313 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 3
Article 4 – paragraph 2 – indent 3
— -1325% from 1 January 2035;
Amendment 315 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 4
Article 4 – paragraph 2 – indent 4
— -2650% from 1 January 2040;
Amendment 317 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 5
Article 4 – paragraph 2 – indent 5
— -759% from 1 January 2045;
Amendment 334 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a The Commission should prepare a technology-readiness report, analyzing the market readiness and availability of key zero- and low-emission propulsion systems and fuel technologies two years after the entry into force of this Regulation. Based on this report, the Commission should review the emission factors listed in Annex II and, if necessary, include the well-to-wake emission factors related to any new sources of energy.
Amendment 370 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops including intermediate crops and other crops grown primarily for energy purposes on agricultural land shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
Amendment 377 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and mandatory re-accreditation of verifiers to address the new complexities of the data to be verified and the new specificities of the new alternative fuels. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.
Amendment 384 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a FuelEU maritime non-availability report 1. If a ship, despite best efforts, fails to obtain at a port under the jurisdiction of a Member State fuels enabling it to comply with the limits referred to in paragraph 2 of Article 4, it shall report the inability to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State, by means of a Fuel EU non-availability report. This report should include the reasons of the non-availability of fuels such as shortage of fuels and lack of port infrastructure. 2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU maritime non-availability report referred to in paragraph 1 of this Article. 3. The competent authorities of the Member State shall report in the compliance database referred to in Article 16 the cases of fuel non-availability. 4. The Member State of the port shall investigate the reports of non-availability.
Amendment 397 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a penaln appealable penalty which is imposed by a national authority. The verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V.
Amendment 399 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. When the responsibility for the purchase of the fuel and/ or the operation of the ship is assumed, pursuant to a contractual agreement, by an entity other than the shipping company, that entity shall either pay the penalties under Article 20(1) and (2) of this Regulation or reimburse the shipping company for the penalties paid. For the purposes of this paragraph, operation of the ship shall mean determining the cargo carried, the itinerary, the routeing and/or the speed of the ship.
Amendment 426 #
Proposal for a regulation
Annex I – paragraph 5
Annex I – paragraph 5
The [Mi] mass of fuel [Mi] shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [Mi A] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class.28a The adjusted mass [Mi A] is defined in Annex X. _________________ 28aFor further information on correspondence between ice classes, see HELCOM Recommendation 25/7 at http://www.helcom.fi.
Amendment 428 #
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
The emissions factors for fossils fuels contained in this Annex shall be used for the determination of the greenhouse gas intensity index referred to in Annex I of this Regulation. And if necessary for incentifizing the research and development of cleaner fuels and propulsion systems use of verified actual emission factor should be allowed.
Amendment 432 #
Proposal for a directive
Annex I – Table 2
Annex I – Table 2
Amendment 443 #
Proposal for a directive
Annex V a (new)
Annex V a (new)