42 Amendments of Elissavet VOZEMBERG-VRIONIDI related to 2021/0210(COD)
Amendment 123 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Recognizing the importance to address the specific needs of islands and remote areas with a view to ensure connectivity and flexibility should be provided to the passenger maritime cabotage sector, as prescribed in Council Regulation (EEC) No 3577/92, in order to adapt to the scheme without compromising the current level of transport services.
Amendment 125 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to produce an effect on all the activities of the maritime transport sector, it is appropriate that this Regulation covers a share of the voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country. This Regulation should thus apply to half of the energy supplied for used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the of the energy supplied for used by a ship performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, the entirety of the energy supplied for used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and the energy used at berth in a port under the jurisdiction of a Member State. Such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of this Regulation, including by increasing the positive impact on the environment of such framework. Simultaneously, such framework limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. In order to ensure smooth operation of maritime traffic, a level playing field among maritime transport operators and among ports, and avoid distortions in the internal market, all journeys arriving or departing from ports under jurisdiction of Member States, as well as the stay of ships in those ports should be covered by uniform rules contained in this Regulation.
Amendment 130 #
Proposal for a regulation
Recital 6
Recital 6
(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , . However, the shipping compandy in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line withs not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. These responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. In that case, in order to properly implement the ‘polluter pays’ principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting the greenhouse gas intensity of the energy used by the ship accountable for the compliance costs under this Regulation. This entity would normally be the entity that is responsible for the choice of fuel, and to encourage the uptake of cleaner fuels, a binding clause shall be included in these agreements for the purpose of passing on to that entity the costs under this Regulation, namely the penalties related to the under-performance of the ship. This clause shall provide that the entity responsible for the operation of the ship shall reimburse the shipping company with respect to the penalties imposed for each non-compliant port call and failing to meet the limits on the greenhouse gas intensity of the energy use don-board the ship. In this regard, operation of the ship means determining the cargo carried, the itinerary (including the port of calls), the routeing and/or the speed of the ship. __________________ 21 Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 134 #
Proposal for a regulation
Recital 6
Recital 6
(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , . However, the shipping compandy in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line withs not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. These responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. In that case, in order to properly implement the ‘polluter pays’ principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting and to encourage the uptake of cleaner fuels, a binding clause shall be included in these agreements for the purpose of passing on to that entity the costs under this Regulation, namely the penalties related to the under-performance of the ship. This clause shall provide that the entity responsible for the operation of the ship shall reimburse the shipping company with respect to the penalties imposed for each non-compliant port call and failing to meet the limits on the greenhouse gas intensity of the energy used byon-board the ship accountable for the compliance costs under this Regulation. This entity would normally be the entity that is responsible for the choice of fuel,. In this regard operation of the ship means determining the cargo carried, the itinerary (including the port of calls), the routeing and/or the speed of the ship. _________________ 21 Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 148 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In the event fuel enabling the 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 162 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels on the basis of the information provided by the EU maritime fuel suppliers. The use of substitute sources of energy, such as wind or electricity, should also be reflected in the methodology.
Amendment 176 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels on the basis of the information provided by the EU maritime fuel suppliers. The use of substitute sources of energy, such as wind or electricity, should also be reflected in the methodology.
Amendment 212 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Recognizing the importance to address the specific needs of islands and remote areas with a view to ensure connectivity, flexibility should be provided to the passenger maritime cabotage sector, as prescribed in Council Regulation (EEC) No 3577/92, in order to adapt to the scheme without compromising the current level of transport services.
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the limit on the greenhouse gas (‘GHG’) intensity of energy supplied by maritime fuel suppliers and used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
in order to increase consistent supply and use of renewable and low-carbon fuels and substitute sources of energy in maritime transport across the Union, while ensuring theits smooth operation of maritime traffic and avoiding distortions in the internal market.
Amendment 224 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to maritime fuel suppliers and to all ships above a gross tonnage of 5000, regardless of their flag, in respect to:
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the energy supplied or used during their stay within a port of call under the jurisdiction of a Member State,
Amendment 229 #
(b) the entirety of the energyergy supplied for used on voyages from a port of call under the jurisdiction of a Member State to a port of call under the jurisdiction of a Member State, and
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half of the energy supplied for used on voyages departing from or arriving to a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country.
Amendment 239 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(a) By way of derogation, paragraph 1(b) 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 census of the population. Member States shall notify the Commission about the routes and islands exempted as well as for any alterations thereof.
Amendment 243 #
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, paragraph 2, point 38 of Directive (EU) 2018/2001, supplying marine fuel at a maritime port under the jurisdiction of a Member State;
Amendment 245 #
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. Where an agreement on a global approach 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 246 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘company’ means company as defined in Article 3, point (d) of Regulation (EU) 2015/757; 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, paragraph 1 and 2 of this Directive 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 routing and/or the speed of the ship.
Amendment 268 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Greenhouse gas intensity limit of energy used on-board by asupplied to ships
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The yearly average greenhouse gas intensity of the energy used on-board by a shipsupplied to a ship within a port of call under the jurisdiction of a Member State during a reporting period shall not exceed the limit set out in paragraph 2.
Amendment 283 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the fleet average greenhouse gas intensity of the energy supplied to ships and used on-board by ships in 2020 as determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annexes I to that Regulationand II to this Regulation. In view of adopting Lifecycle Assessment (LCA) Guidelines in IMO, the Commission should review this methodology with a view to aligning it with the global one once agreed. Ships shall comply with the limits referred to in paragraph 2 in relation to the energy supplied within a port of call under the jurisdiction of a Member State. Maritime fuel suppliers shall ensure that the energy made available to ships in ports under the jurisdiction of a Member State complies with the limits referred to in paragraph 2.]
Amendment 288 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
By way of derogation, paragraph 1(b) 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 census of the population. Member States shall notify the Commission about the routes and islands exempted as well as for any alterations thereof.
Amendment 292 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 299 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, second paragraph, point 38 of Directive (EU) 2018/2001,supplying marine fuel at a Union port;
Amendment 335 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 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 FuelEU 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 16the cases of fuel non-availability. 4. The Member State of the port shall investigate the reports of non-availability.
Amendment 340 #
Proposal for a regulation
Chapter II – title
Chapter II – title
Amendment 341 #
Proposal for a regulation
Article 8 b (new)
Article 8 b (new)
Article 8 b FuelEU Maritime Bunker Certificate 1. Maritime fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Certificate’, which should be annexed to the Bunker Delivery Note. The fuel supplier shall be responsible for the accuracy of the information. 2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU Maritime Bunker Certificate referred to in paragraph 1 of this Article.
Amendment 388 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Maritime fuel suppliers 1. Maritime fuel suppliers shall ensure that the supply of fuels in the Union ports is sufficient, in order for ships to meet the requirements set out in Article 4 paragraph 2. 2. Marine fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Certificate’, which should be annexed to the Bunker Delivery Note. The fuel supplier shall be responsible for the accuracy of the information. 3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to calculate and publish, at least two years in advance, the total quantities of fuels referred to in paragraph 1 and 2.
Amendment 390 #
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b Supply plans and reporting obligations for maritime fuel suppliers 1. By 31 March of each year maritime fuel suppliers shall develop and submit to the compliance database, referred to in Article 16, a comprehensive plan for the projected supply of the fuels referred to in Article 4 a (new) paragraph 1. The supply plan shall include the following information for each of the fuels projected to be supplied at Union ports: (a) The list of the Union ports and their geographical location; (b) The type and volumes; (c) The well-to-wake emission factors, origin of feedstock and conversion process. 2. By 31 March of each reporting year, maritime fuel suppliers shall report in the compliance database referred to in Article 16, the following information: (a) The volume of each type of fuels supplied at each Union port; (b) The well-to-wake emission factors, origin of feedstock and conversion process for each type of renewable marine fuels supplied at Union ports. 3. Commission shall publish information submitted to the compliance database referred to in paragraph 1 and 2.
Amendment 404 #
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 penalty. The verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V. The verifier shall also allocate the proportion of the compliance deficit to the entity that is ultimately responsible for the purchase of the fuel and/or the operation of the ship, calculate the proportionate penalty and notify the shipping company and that other entity for the sake of payment or reimbursement.
Amendment 416 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Member States shall ensure that penalties are imposed on maritime fuel suppliers failing to comply with the obligations laid down in Article 4 relative to the yearly average greenhouse gas intensity of the energy supplied. Member States shall lay down provisions on penalties applicable to maritime fuel suppliers and shall take all the measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of the relevant provisions of national law by 31.12.2024.
Amendment 448 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 455 #
Proposal for a regulation
Article 28 – paragraph 1 d (new)
Article 28 – paragraph 1 d (new)
1d. In the event of the adoption by the International Maritime Organization of a global low-GHG carbon fuel standard, the Commission shall present a report to the European Parliament and to the Council examining such measure, accompanied by a legislative proposal to the European Parliament and to the Council to appropriately amend this Regulation in order to align it with international rules.
Amendment 456 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Ports shall provide to the master of the ship a ‘FuelEU Maritime on-shore power supply Certificate’, which should be annexed to the Bunker Delivery Note. The certificate should contain information on the electricity purchased, including CO2eq WtT. The fuel supplier shall be responsible for the accuracy of the information.
Amendment 523 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. When the supply of fuels referred to in Article 4b (new) paragraph 1 and 2, is not sufficient at the Union ports of call in accordance with the supply plan of the maritime fuel suppliers, the ship shall submit a fuel non-availability report (FNAR). The report shall cover all the Union port calls during the compliance period and it shall be submitted to the competent authorities and the Commission.
Amendment 529 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The Commission is empowered to adopt delegated acts in accordance with Article 26 to create a template for the fuel non-availability report referred to in paragraph 1 a (new).
Amendment 564 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The maritime fuel supplier shall pay the penalty referred to in paragraph 1 when the ship submits a FNAR. If more than one fuel suppliers are included in the FNAR, the penalty shall be divided among the fuel suppliers proportionally. This penalty shall be deducted from the amount paid by the company under paragraph 1.
Amendment 569 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Where the shipping company concludes a contract with a commercial operator specifying that this operator is responsible for the purchase of the fuel or the operation of the ship, the shipping company and that commercial operator shall, by means of a contractual arrangement, determine that the latter shall be liable for the payment of the costs arising from the penalties referred to in this Article. 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. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs arising from the penalties referred to in this Article.
Amendment 591 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. All the revenues shall be earmarked to support projects in the maritime sector, and support the deployment of innovative energy efficiency technologies and sustainable fuels, in particular through carbon contracts for difference. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.
Amendment 604 #
Proposal for a regulation
Chapter V a (new)
Chapter V a (new)
INTERNATIONAL COOPERATION Article 25 (new) International cooperation 1. The Commission shall inform the International Maritime Organization and other relevant international bodies on a regular basis of the implementation of this Regulation, without prejudice to the distribution of competences or to decision- making procedures as provided for in the Treaties. 2. In the event that an international agreement is adopted regarding the limits in relation to the greenhouse gas intensity of the energy used by ships, the Commission shall review and shall propose amendments to this Regulation in order to ensure a full alignment with the international agreement.
Amendment 605 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(6), 5(4), 9(3), 13(3), 4(3a new), 14(3a new), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 610 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(7), 4(3a new), 5(4), 9(3), 13(3), 14(3a new), 20(4), and 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.