57 Amendments of Hildegard BENTELE related to 2021/0210(COD)
Amendment 175 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1 a) The maritime sector employs 2 million Europeans and contributes 149 billion Euros to the economy. For every million Euros generated in the shipping industry, 1,8 million Euros is generated elsewhere in the EU economy. 1a _________________ 1aEuropean Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.
Amendment 176 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) Maritime transport is the most environmentally friendly transport mode with significantly lower greenhouse gas emissions per tonne of goods transported compared to other modes.1b 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. _________________ 1b European Environment Agency study,2020, https://www.eea.europa.eu/publications/ra il-and-waterborne-transport
Amendment 182 #
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 - typically between 35% and 53% of shipping freight rates. 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. 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 185 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) The maritime sector is characterized by fierce international competition, and major differences in regulatory burdens across flag states have exacerbated unwanted practices such as the reflagging of vessels. The sector's intrinsic global character underlines the importance of a favourable regulatory environment, which is a precondition for attracting new investments and safeguarding the competitiveness of European ports, ship owners and operators.
Amendment 187 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Given that this Regulation will impose additional compliance costs on the sector, compensatory actions need to be taken in order to prevent the total level of regulatory burden from increasing. The Commission should therefore be obliged to present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs for the maritime sector.
Amendment 188 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4 b) The FuelEU Maritime Regulation should be closely aligned and consistent with the proposal for a Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation), the proposal for a revision of Directive 2003/87/EC (EUETS), Directive XXXX-XXX (Renewable Energy Directive), and the proposal for a revision of Directive 2003/96/EC (Energy Taxation Directive), in order to ensure a coherent legislative framework for the shipping ecosystem, that contributes to massively increasing the production of alternative fuels, ensures the deployment of the necessary infrastructure and incentivises the use of these fuels in a steadily growing share of vessels.
Amendment 189 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4 c) The obligation for ports to provide on-shore power supply should be complemented by a corresponding obligation for ships to connect to such charging infrastructure while at berth, in order to ensure effectiveness and avoid stranded assets. Furthermore, the costs associated with on-shore charging should be reduced by permanently exempting electricity supplied to vessels in port from taxation through revisions of the Energy Taxation Directive (XXXX-XXX).
Amendment 192 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) To ensure a level playing field for ships built to operate in ice-covered waters on their way to, from or between Member State ports, specific information relating to a ship's ice class, and to its navigation through ice, should be considered when calculating GHG emission reductions on a vessel basis, as well as in the data monitored and reported on the basis of the EU MRV Regulation (2015/757).
Amendment 198 #
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 are not suited 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 fossil free electricity, is therefore necessary.
Amendment 207 #
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels and propulsion technologies 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 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 martime transport already in the short term.
Amendment 221 #
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. The use of substitute sources of energy, such as wind or fossil free electricity, should also be reflected in the methodology.
Amendment 224 #
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.
Amendment 229 #
Proposal for a regulation
Recital 19
Recital 19
(19) The use of renewable and fossil free energy sources and alternative propulsion, such asincluding, but not limited to, 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.
Amendment 233 #
Proposal for a regulation
Recital 21
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport when at berth. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships in situations where it effectively reduces emissions at a reasonable cost.
Amendment 237 #
(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call and, the terminal operator and/or the competent authority, depending on the governance model for ports in the different Member States. These exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations. In case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port, this should not be considered as a failure neither of the port nor of the ship operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager to the verifiers.
Amendment 240 #
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. Ports should equip their births, and ship owners their vessels, with power installations that comply with applicable standards, in order to ensure that the systems are fully compatible. 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.
Amendment 242 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
Amendment 243 #
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24 b) Even if on-shore power supply is an important tool to reduce local emissions of air pollutants, its potential to reduce greenhouse gases depend entirely on the energy mix that is fed through the cables. To realise the full climate and environmental potential of OPS, Member States must continue to reduce the GHG intensity of their energy mixes and provide ports with priceworthy, plannable and fossil free electricity.
Amendment 244 #
Proposal for a regulation
Recital 24 c (new)
Recital 24 c (new)
(24 c) The implementation of this Regulation should take due consideration of the diverse governance models for ports across the Union, in particular as regards the responsibility for issuing a certificate exempting a vessel from the obligation to connect to OPS.
Amendment 245 #
Proposal for a regulation
Recital 24 d (new)
Recital 24 d (new)
(24 d) Coordination between ports and ship operators is crucial to ensure smooth connection procedures to on-shore power in ports. Ship operators should inform the ports they call at about their intentions to connect to on-shore power, their power needs during the given call, in particular when those exceed the estimated needs for this ship category.
Amendment 256 #
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 and propulsion technologies in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.
Amendment 257 #
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, the compilation of information for the calculation of the amounts of penalties and 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 259 #
Proposal for a regulation
Recital 40
Recital 40
(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well- to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor,establishing the rules on conducting the laboratory testing and direct emissions measurements, accreditation of verifiers and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 264 #
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 cwould be regarded assignificantly 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 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,to align it with the international rules.
Amendment 289 #
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘substitute sources of energy’ means renewable wind or solaror fossil free energy generated on-board or electricity supplied from on-shore power supply;
Amendment 292 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at bwhich is securely moored along a quay in a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757;e jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations
Amendment 294 #
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;
Amendment 296 #
Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(q a) ‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag State or an organisation recognised by that State, showing that the ship has been designed for navigation in sea-ice conditions.
Amendment 299 #
Proposal for a regulation
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(q b) 'sailing in ice conditions' means sailing of an ice-classed ship in a sea area within the ice edge;
Amendment 300 #
Proposal for a regulation
Article 3 – paragraph 1 – point q c (new)
Article 3 – paragraph 1 – point q c (new)
(q c) 'ice edge' means, in accordance with paragraph 4.4. of the WMO Sea-Ice Nomenclature of March 2014, the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting;
Amendment 302 #
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 installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
Amendment 321 #
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 EU fleet average greenhouse gas intensity of the energy used on-board by ships in 202019 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 Annex I to that Regulation.]
Amendment 324 #
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, including a correction factor for ice classed ships, deducting the higher fuel consumption linked to ice navigation. As a basis for the calculation of emission factors, default values are provided in Annex II of this Regulation. These default values may be replaced by actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 335 #
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 the Alternative Fuels Infrastructure Regulation shall connect to on-shore power supply and use it for all energits electricity needs while at berth, with exemption for auxiliary boilers.
Amendment 344 #
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(a a) that were estimated to be at berth for less than two hours, but were hindered from departing within that timeframe due to unforeseeable events outside the operator’s control.
Amendment 345 #
Proposal for a regulation
Article 5 – paragraph 3 – point c
Article 5 – paragraph 3 – point c
(c) that have to make an unscheduled port call for reasons of safety or saving life at sea or in emergency situations or under conditions of force majeure;
Amendment 350 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Ship operators shall inform the ports they call at about their intentions to connect to on-shore power and indicate the amount of power they require during the given call.
Amendment 351 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 352 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The managing body of the port of call, or where applicable the terminal operator or the competent authority, shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.
Amendment 360 #
Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
Article 7 – paragraph 3 – point l a (new)
(l a) information on the ice class of the ship, if the additional energy due to the ship's ice class is to be left out from the scope of the energy used on-board;
Amendment 362 #
Proposal for a regulation
Article 7 – paragraph 3 – point l b (new)
Article 7 – paragraph 3 – point l b (new)
(l b) a description of the procedure for monitoring the distance travelled for the whole voyage and when sailing in ice conditions, the date and time when sailing in ice conditions, the fuel consumption and the energy provided by substitute sources of energy or a zero emission technology as specified in Annex III when sailing in ice conditions, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board.
Amendment 379 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the amount of each type of fuel consumed at berth, in port and at sea;
Amendment 381 #
(e a) the ship's ice class, if the additional energy due to ship's ice class is to be left out from the scope of the energy used on-board;
Amendment 382 #
Proposal for a regulation
Article 14 – paragraph 1 – point e b (new)
Article 14 – paragraph 1 – point e b (new)
(e b) the date and time when sailing in ice conditions, the amount of each type of fuel consumed when sailing in ice conditions, the amount of each type of substitute source of energy consumed when sailing in ice conditions, the distance travelled when sailing in ice conditions, the distance travelled during the voyage, the amount of each type of fuel consumed at sea, the amount of each type of substitute source of energy consumed at sea, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on- board;
Amendment 387 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. On the basis of the information provided by the verifier, the Member State’s competent authority shall calculate the amount of the penalties referred to in Article 20(1) and (2).
Amendment 398 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The company shall pay a penalty for each non-compliant port call. The verifier shallMember State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on- board and by the number of completed hours spent at berth.
Amendment 400 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 405 #
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 should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector. 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 410 #
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), 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 411 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(7), 5(4), 9(3), 13(3), 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.
Amendment 412 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 413 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every three years thereafter until 2050, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union, with emphasis on this Regulation’s impact on the functioning of the single market, the sector’s competitiveness, transport freight rates and the magnitude of carbon leakage. The Commission shall consider possible amendments to:
Amendment 417 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 420 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1 a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every fifth year until 2050, the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Fit for 55 legislative package,1a with particular emphasis on the effects on the Union’s competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage. _________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.
Amendment 421 #
Proposal for a regulation
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
Amendment 422 #
Proposal for a regulation
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1 c. The Commission shall propose amendments to this Regulation in the event the International Maritime Organization adopts global carbon emission standards, in order to fully align the respective provisions.
Amendment 424 #
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28 a Compensatory regulatory reduction The Commission shall present, by 1 January 2024, and in line with its communication on the application of the “one in, one out” principle,1a proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the maritime sector. _________________ 1a EC press release on the working methods of the von der Leyen Commission, 4 December 2019.