41 Amendments of Iskra MIHAYLOVA related to 2021/0210(COD)
Amendment 90 #
Proposal for a regulation
Recital 1
Recital 1
(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, and a loss of connectivity for citizens and businesses. Therefore, to avoid market distortion and to ensure a fair and level playing field for Member States, measures should be taken to address specific circumstances, such as those related to climate, weather and natural conditions.
Amendment 117 #
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 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 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 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, suchThe framework should 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 120 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure a coherent legislative framework for the decarbonisation of the maritime sector, this Regulation, AFIR, RED, ETS and ETD should be aligned to create legal and investment certainty for the sector. Furthermore, the overarching economic impacts of these legislations should be evaluated comprehensively.
Amendment 149 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Development of new innovative technologies, such as wind propulsion and carbon capture and storage, should be fostered, including through the Innovation Fund.
Amendment 158 #
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels, such as bio- LNG, produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise maritime transport already in the short term.
Amendment 184 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The Fit for 55 package includes a significant number of measures affecting the maritime sector, including the proposal for an Alternative Fuels Infrastructure Regulation, the updated Renewable Energy Directive, the inclusion the maritime sector in the EU ETS system and the revision of the Energy Taxation Directive. The FuelEU Maritime Regulation should be coherent with these proposals, in order to secure a stable and predictable legislative framework.
Amendment 199 #
Proposal for a regulation
Recital 9
Recital 9
(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they aremay not suitedbe sufficient to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or electricity, is therefore necessary.
Amendment 201 #
Proposal for a regulation
Recital 24
Recital 24
(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. As of 2035, ship operators should plan carefully their calls on TEN-T ports callsovered by the Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS should be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment. In order to mitigate stranded assets, incompatibility of OPS infrastructure on board and at berth as well as alternative fuel demand and supply imbalances, frequent consultation meetings between relevant stakeholders should be organised to discuss and take decisions on requirements and future plans.
Amendment 204 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) If a port outside of the TEN-T network has voluntarily installed OPS, ships calling at that port should connect to OPS.
Amendment 206 #
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, LNG and sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, LNG and sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to begin the decarboniseation of maritime transport already in the short term.
Amendment 222 #
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. for well-to-tank emissions, which should be regularly updated based on the most recent technological and scientific developments, as provided for by this Regulation. The tank-to-wake emissions of fossil fuels should be established using default or actual and certified emission factors.
Amendment 228 #
Proposal for a regulation
Recital 19
Recital 19
(19) The use of renewable energy sources and alternative propulsion, such as wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy use. The difficulty to accurately measure and quantify these energy sources (intermittence of the energy use, direct transfer as propulsion, etc.) should not impede their recognition in the overall ship energy use through means of approximations of their contribution to the ship’s energy balance. Furthermore, given that significant efforts to ensure accurate measurements are on-going, the Commission should continue to monitor standardisation efforts with a view to updating its measurement approach in line with scientific and technical developments.
Amendment 230 #
Proposal for a regulation
Recital 37
Recital 37
(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels in the maritime sector and help maritime operators to meet their climate and environmental goals, including by supporting investments in alternative fuels and OPS infrastructure. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. It should be ensured that this allocation is earmarked for decarbonisation projects in the maritime sector.
Amendment 235 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) In order to ensure the optimal use of on-shore power supply (OPS) and of alternative equivalent technologies, vessels, ports and all relevant stakeholders should engage in close cooperation and coordination. In particular, ship operators should provide the port of call with adequate and timely information about their intention to use OPS and their estimated power needs, in order to ensure the availability of the infrastructure as well as contributing to a predictable use of the electricity grid.
Amendment 236 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21 b) The use of OPS may nonetheless present challenges for the stability of the electricity grid, given the significant power demand of certain categories of ships. Thus, Member States should work closely with the relevant stakeholders to ensure that the necessary investments are carried out and sufficient grid capacity is secured.
Amendment 239 #
Proposal for a regulation
Recital 24
Recital 24
(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. In order to avoid incompatibility between shore power installations on-board and in ports, the Commission should provide the necessary support to ensure that vessels and ports apply all existing and future standardisation requirements, notably with regards to electrical frequency conversion where required. As of 2035, ship operators should plan carefully their port calls to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS shoud be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.
Amendment 241 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) The methodology used to calculate GHG emission intensity reductions in Annex I should be reviewed regularly in order to evaluate, and if necessary amend, this Regulation, in order to include the reductions derived from new technological innovations. For example, the new potential GHG abatement technologies, such as propulsion techniques and carbon capture and storage, could contribute towards achieving the objectives of this Regulation.
Amendment 249 #
Proposal for a regulation
Recital 27
Recital 27
(27) Certification of fuels is essential to achieve the objectives of this Regulation and guarantee the environmental integrity of the renewable and low-carbon fuels that are expected to be deployed in the maritime sector. Such certification should be undertaken by means of a transparent and non-discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to-tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake) for all types of maritime fuels.
Amendment 254 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) The Commission shall comprehensively evaluate the quantity and sustainability of alternative fuels supply in the EU and report the results to the European Parliament and the Council, by 1 January 2028, and every five years until 2050. If needed, the Commission should propose a shared responsibility mechanism between shipping companies and fuel suppliers to ensure adequate volume and sustainability of these fuels.
Amendment 255 #
Proposal for a regulation
Recital 37
Recital 37
(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels in the maritime sector and help maritime operators to meet their climate and environmental goals, including by supporting investments in infrastructure deployment and improvement. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. It should be ensured that this allocation is earmarked for projects in the maritime sector.
Amendment 294 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) ‘wind propulsion’ or ‘wind- assisted propulsion’ means a propulsion technique that contributes primarily or auxiliary to the propulsion of any type of vessel via the energy of the wind, which is captured when the ship is sailing.
Amendment 301 #
Proposal for a regulation
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side fixed, floating and mobile installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
Amendment 315 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757which is securely moored at the quayside in a port falling under the jurisdiction of a Member State while it is loading, unloading and/or embarking/disembarking passengers or hoteling, including the time spent when not engaged in cargo/passenger operations;
Amendment 320 #
Proposal for a regulation
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side fixed, mobile and floating installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
Amendment 326 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex I in order to insert references to updated standards for measuring the contribution of substitute sources of energy, to account for the most recent technological, scientific and commercial developments.
Amendment 328 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to include the well-to-wake emission factors related to any new sources of energy orand to adapt the existing emission factorsupdate regularly the emission factors of existing sources of energy, to ensure consistency with future international standards or the legislation of the Union in the field of energy as well as to account for the most recent technological, scientific and commercial developments.
Amendment 356 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7 a. The Commission shall provide all the necessary guidance to ensure the compatibility between on-board and on- shore power installations, notably with regards to electrical frequency conversion.
Amendment 376 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors of all maritime fuels, provided that actual values are certified by means of laboratory testing or direct emissions measurements. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements.
Amendment 384 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Frequent consultation meetings with all relevant stakeholders in individual ports should be organised, to ensure ongoing discussion and cooperation on the alternative fuel supply that is planned and deployed in ports as well as on the demand expected from vessels calling on these ports.
Amendment 393 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member Statecovered by Article 9 of Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) shall connect to on-shore power supply and use it for all energy needs while at berth.
Amendment 401 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. If a port outside of the TEN-T network has voluntarily installed OPS, ships calling at that port should connect to OPS.
Amendment 403 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, support investments to ensure the compatibility between on-board and on-shore power installations, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.
Amendment 407 #
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 and shall be earmarked to finance projects meeting the criteria established in paragraph 1. 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 409 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(3), 4(6), 5(4), 9(3), 13(3), 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 425 #
Proposal for a regulation
Annex I – paragraph 4 – introductory part
Annex I – paragraph 4 – introductory part
In the case of fossil fuels, the default values in Annex II shall be used. Certified values for tank-to-wake emissions may also be used.
Amendment 427 #
Fugitive emissions are emissions caused by the amount of fuel that does not reach the combustion chamber of the combustion unit or that is not consumed by the energy converter because they are uncombusted, vented, or leaked from the system. For the purpose of this Regulation, fugitive emissions are taken into account as a percentage of the mass of the fuel used by the engine. The default values are contained in Annex II. Certified values obtained via direct measurement or laboratory testing may be used if this enhances the overall accuracy of the calculation.
Amendment 455 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Frequent consultation meetings with all relevant stakeholders in individual ports should be organised, to ensure ongoing discussion and cooperation on the OPS infrastructure supply that is planned and deployed in ports as well as on the demand expected from vessels calling on these ports. This will mitigate stranded assets and incompatibility of OPS installations available onboard vessels and at berth.
Amendment 473 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Companies shall check regularly, and at least annually, whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved, corrected and/or updated.
Amendment 583 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, and support the development, testing and deployment of the most innovative European technologies, such as wind propulsion and carbon capture and storage, in the fleet to achieve significant emission reductions.
Amendment 589 #
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. 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. The revenues from these penalties shall be earmarked for the maritime sector and contribute to its decarbonisation, including support for alternative fuels production and deployment, alternative fuels infrastructure and OPS infrastructure as well as new innovative technologies.
Amendment 628 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The Commission shall review and evaluate every five years, starting from the entry into force of this Regulation until 2050, the default values presented in Annex II and amend them, if needed, based on sound scientific research and evidence.