47 Amendments of Isabel GARCÍA MUÑOZ related to 2021/0210(COD)
Amendment 102 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) LNG is likely to play a continued transitional role in maritime transport, where there is currently no economically viable zero-emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifetime of the ships. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e-gas) for instance.
Amendment 106 #
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. 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. In this line, this Regulation shall not apply to the energy used for those voyages in the EEE where the socioeconomic impacts of these measures risk to render the voyage services impracticable or where it can be demonstrated there is a carbon leakage due to cargo shifting to other transport means.
Amendment 115 #
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 atthe entirety of the energy used on voyages from a non-EU neighbouring country transhipment port to a port of call under the jurisdiction of a Member State, and a share of the voyages between a port under the jurisdiction of a Member State from aand port outsiunder 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,third country except those from a non-EU neighbouring country transhipment port. This Regulation should also apply to the entirety of the energy used on 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 other words, when the ship is securely moored at a berth while loading and unloading, 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 frameworktargeted measures should be implemented to further limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. IThis Regulation should ensure uniform rules in order to ensure smooth operation of maritime traffic, as well as a level playing field among maritime transport operators and among ports, and avoid distortions in the EU 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 122 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Voyages operating under a public service contract or subject to public service obligations, and voyages operating within the EEE to the outermost regions of the Union within the same Member States and also those voyages within the same Member State in these regions should be exempted from any obligations under this Regulation, given their high EU value in improving these regions' accessibility and socioeconomic cohesion.
Amendment 125 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) 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 138 #
Proposal for a regulation
Recital 8
Recital 8
(8) The development and deployment of new fuels and energy solutions requires a coordinated approach to match supply, demand and the provision of appropriate distribution infrastructure. While the current European regulatory framework already partly addresses fuel production with Directive (EU) 2018/2001 of the European Parliament and of the Council22 and distribution with Directive 2014/94/EU of the European Parliament and of the Council23 , there is also a need for a tool that establishes increasing levels of demand of renewable and low-carbon maritime fuels. Development of innovative technologies should ensure consistency with the co-programmed Partnership on Zero Emissions Waterborne Transport in the framework of Horizon Europe, coordinated by the Waterborne Technology Platform. Close cooperation and coordination between all relevant port stakeholders is crucial to ensure the effective deployment and use of alternative fuels and the optimal alignment between the provision of SSE and other alternative equivalent technologies that perform equivalent in terms of GHG emissions and air pollution, in line with the requirements of the present Regulation and Regulation XXXX-XXX (AFIR), thus avoiding stranded assets and continuity of investment in sustainable and zero- emission assets. Ship operators should in due time inform the ports they call at about their technical aspects and demands to use SSE or other equivalent technologies. Moreover, they should give the port of call the adequate information as concerns power needs during the given call, in particular when those exceed the estimated needs for this ship category. Such a dialogue between a port and its users should lead to an effective uptake of sustainable transitional fuels and technologies in view of achieving the green transition of the maritime sector. A consultation mechanism between the port and the shipping operators should therefore be developed at the level of the individual port to ensure a well- coordinated approach between the port and the shipping operators concerning the use of SSE, the power needs, and other alternative technologies in application of the requirements foreseen in this Regulation. In addition, best practices and lessons learned on effective consultation mechanisms should be shared between ports. __________________ 22 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2001, p. 82). 23 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).
Amendment 173 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) 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 will 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 228 #
Proposal for a regulation
Recital 37
Recital 37
(37) The revenues generated from the payment of penalties should be used exclusively 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; finance/co-finance green infrastructure and if necessary superstructure investments in the EU ports as well as to support redeployment, re-skilling and up-skilling of workers, in quality social dialogue with social partners, safeguard vulnerable marine eco-systems in port areas. For this purpose these revenues should be allocated to the theOcean Fund and Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. Part of the Revenues generated from penalties for non- compliance under FuelEU Maritime should be reinvested in the European shipping sector, incl. the European Maritime Technology Sector. These revenues should also be used to help ports to fund the necessary investments inshore-side electricity (SSE), and, where relevant, the production of electricity in ports.
Amendment 231 #
Proposal for a regulation
Recital 37 a (new)
Recital 37 a (new)
(37a) Investments in new skills are critical to ensure that workers are prepared and protected in the process of introducing new fuels and their handling procedures. Therefore part of the revenues should be invested in safety, training and protecting measures for workers using new maritime fuels.
Amendment 232 #
Proposal for a regulation
Recital 37 b (new)
Recital 37 b (new)
(37 b) The upskilling and reskilling of workers in the shipbuilding and maritime technology sector remains vital, in particular in relation to green and digital skills. The EU Pact for Skills for the sector should ensure that stakeholders, including employers, trade unions, universities and vocational training providers, can prepare the workforce for the technological changes of the future and ensure that no worker or region is left behind.
Amendment 233 #
Proposal for a regulation
Recital 37 c (new)
Recital 37 c (new)
(37c) Quality social dialogue at all levels and adherence to the EU Directive on European Worker’s Councils is essential for achieving a just transition towards an innovative shipping industry with quality jobs.
Amendment 234 #
Proposal for a regulation
Recital 37 d (new)
Recital 37 d (new)
(37d) Member States shall carry out detailed Employment Impact Assessments (EIA) evaluating the impact that the obligations outlined in this directive have on jobs and working conditions both at national and regional levels.
Amendment 235 #
Proposal for a regulation
Recital 37 e (new)
Recital 37 e (new)
(37e) Delivering on the Green Deal should ensure quality job creation and social progress for all. To be socially acceptable, the climate ambition proposed in this regulation should be matched by an equivalent social ambition, in line with the European Pillar of Social Rights. The European Green Deal agenda should be an opportunity to maintain and create quality jobs, promote decent work, raise labour standards, strengthen social dialogue and collective bargaining, tackle discriminations at work, promote gender equality, and workplace democracy. In order to achieve these objectives Just Transition mechanisms must complement all proposed actions in the framework of the Green Deal and the “Fit for 55” package.
Amendment 247 #
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42a) To ensure an international level playing field and maximise environmental integrity of legislation on sustainable renewable fuels, the European Commission and Members States should promote within the IMO and other international organisations robust tracking and verification systems for biofuels and renewable fuels of non- biological origin. Furthermore, the European Commission should advocate rigorously on the international level for the acceptance of an ambitious and climate effective international measure.
Amendment 248 #
Proposal for a regulation
Recital 42 b (new)
Recital 42 b (new)
(42b) As new sustainable alternative fuels and technologies are being further developed this regulation should be thoroughly evaluated in 2027. The Commission should carry out a new in- depth impact assessment covering all Fit for 55 legislations that apply to the maritime sector (cumulative). This overarching assessment should cover the economic impact, environmental impact and social impact. It needs to be undertaken early on during implementation of the different legislations and expanded with a periodical monitoring scheme. In particular, potential compliance or enforcement loopholes should be analysed and monitored. However, it may not delay the implementation of the different files.
Amendment 255 #
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 of the Union and 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 274 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) the entirety of the energy used on voyages from a non-EU neighbouring country transhipment port to a port of call under the jurisdiction of a Member State, and
Amendment 278 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half of the energy 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. except those from a non EU neighbouring country transhipment port
Amendment 281 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a halfthe entirety of the energy 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 284 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Paragraphs (a), (b), (c), and (d) above shall not apply to: (i) the energy used for force majeure purposes, (ii) for the energy used for those voyages in the EEE where the social and economic impact of the measure would risk to render the service impracticable or where it can be demonstrated that there is a carbon leakage due to cargo shifting to other transport means, (iii) the energy used for those within the EEE to the outermost regions of the Union within the same Member States and also those departing and arriving within the same Member State in these regions, provided that the relevant Member States ensure that, in those regions the air quality standards are respected . (iv) the energy used for those voyages operating under a public service contract or subject to public service obligations.
Amendment 297 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ‘marine fuel supplier’ means a fuel supplier as defined in Article 2, second paragraph, point 38 of Directive (EU) 2018/2001, supplying marine fuel at Union port;
Amendment 303 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘"port of call’" means a port of call as defined in Article 3, point (b) of Regulation (EU) 2015/757the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, for the purpose of this regulation stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops in a transhipment port of a non-EU neighbouring country and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 306 #
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) "transhipment port" means the port where the movement of one type of cargo to be transhipped exceeds 60 % of the total traffic of that port. It needs to be considered that cargo, container or goods are transhipped when they are unloaded from ship to the port for the sole purpose of loading them on another ship.
Amendment 311 #
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) ‘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 316 #
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 in a port falling under the jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations;
Amendment 383 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The Commission will carry out a review of the implementation of this regulation at the level of the MS and with regards to fuel certification schemes worldwide every five years from 2028 in order to assess the need to maintain or modify the percentages indicated in section 2 of this article. Furthermore, the Commission will carry out with a first review in 2025 to specifically address carbon leakage.
Amendment 386 #
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 and Article 4b (new) paragraph 2b 2. Marine fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Note’, 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.
Amendment 389 #
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 and 2. 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 of fuels supplied 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 396 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth, in other words, moored at the quayside, in a port of call under the jurisdiction of a Member State shall connect to on- shore power supply and use it for all energy needs while at berth.
Amendment 402 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Ship operators shall inform and consult the port managing body and/or, where relevant, the terminal operator and/or competent authority, in due time about the current and future demand for shore-side electricity supply and/or any of equivalent technologies.
Amendment 415 #
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
(a) that are at berthmoored at the quayside for less than twofour hours, calculated on the basis of hour of departure and arrival monitored in accordance with Article 14;
Amendment 432 #
Proposal for a regulation
Article 5 – paragraph 3 – point d a (new)
Article 5 – paragraph 3 – point d a (new)
(d a) that operate in a port which is located on an island in accordance with Article 9(3) of AFIR Regulation;
Amendment 461 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In accordance with Articles 7 to 9, companies shall, for each of their ships, monitor and report on the relevant data during a reporting period. They shall carry out that monitoring and reporting within all ports under the jurisdiction of a Member State and for anyll voyages to or from a port under the jurisdiction of a Member State.
Amendment 516 #
Proposal for a regulation
Article 14 – paragraph 1 – point c a (new)
Article 14 – paragraph 1 – point c a (new)
(c a) the amount of electricity taken at berth at navigational purposes;
Amendment 517 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) the well-to-wake emission factors for each type of fuel, including electricity taken from onshore power supply, consumed at berth and at sea, broken down by well-to-tank, tank- to-wake and fugitive emissions, covering all relevant greenhouse gases;
Amendment 522 #
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 4a (new) paragraph 2 and 4, 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 the Union port of call where bunker is to be taken, the bunkers that gave rise to the FNAR. FNARs, shall be valid for one compliance period only, and shall be submitted to the competent authorities and the Commission.
Amendment 530 #
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 566 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The company, considering the bunker supplied leading to a FNAR shall get a proportional discount in the penalty referred to in paragraph 1. If more than one fuel supplier is included in the FNARs, the discounts shall be cumulative.
Amendment 577 #
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 including safety, training and protecting measures for workers using new maritime fuels. 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, or adaptation of superstructure if required, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions. Part of the Revenues should be reinvested in the European shipping sector, including the European Maritime Technology Sector.
Amendment 587 #
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 Funda maritime dedicated fund set with the objective of supporting projects and investments as follows: (a) improvement of the energy efficiency of ships and ports; (b) innovative technologies and infrastructure for decarbonising the maritime transport sector, including as regards short sea shipping and ports; (c) deployment of sustainable alternative fuels, such as hydrogen and ammonia; (d) zero-emission propulsion technologies, including wind technologies; (e) research and development and first industrial application of innovative technologies and fuels; (f) projects preserving and benefiting biodiversity and promoting innovation in technologies, for decarbonisation, reduction of risk of noise and air and maritime pollution; (g) contribution to a just transition in the maritime sector through training, upskilling and reskilling of existing workforce; All investment supported by the Fund shall be made public and shall be consistent with the aims of this Regulation.
Amendment 614 #
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, 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 and globally. The Commission shall consider possible amendments to:
Amendment 622 #
Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
Article 28 – paragraph 1 – point c a (new)
(c a) (e) the scope of application listed in Article 2;
Amendment 626 #
Proposal for a regulation
Article 28 – paragraph 1 – point c b (new)
Article 28 – paragraph 1 – point c b (new)
(c b) the definitions listed in Article 3
Amendment 629 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. By 1 January 2023 the Commission shall produce a report on the social impacts as well as the employment and training needs up to 2030 and 2050 in relation to this Regulation.
Amendment 660 #
Proposal for a regulation
Annex I – paragraph 8 – indent -1 a (new)
Annex I – paragraph 8 – indent -1 a (new)
- supplier
Amendment 662 #
Proposal for a regulation
Annex I – paragraph 8 – indent 5 a (new)
Annex I – paragraph 8 – indent 5 a (new)
- Standard used for setting the WtT GHG emission factors
Amendment 664 #
Proposal for a regulation
Annex II – table
Annex II – table
LNG Otto 2,755 (dual fuel MEPC245 (66) 3,1 LNG 3,0,0491 17,7 medium medium 0 0,00011 speed Regulation (EU) speed) 2,755 2015/757 LNG Otto MEPC245 (66) LNG 0,0491 18,5 (dual fuel LNG Otto 0 0,00011 1,7 Regulation (EU)(dual fuel slow speed) 2015/757 LNG Diesel (dual fuel 0.2 0.2 slow speed) LBSI N/A