126 Amendments of Kathleen VAN BREMPT related to 2021/0210(COD)
Amendment 100 #
Proposal for a regulation
Recital 2
Recital 2
(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to motivatincrease the use of sustainably produced renewable and low-carbspeed up the large-scale development and usage of zero-emission fuels, included in the maritime transport sector. The necessary technology development and deployment has to happen by 2030 to prepare for much more rapid change thereafter. __________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
Amendment 113 #
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, 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. The Commission should set up a monitoring scheme specifically assessing carbon leakage, potential evasive practices and draft a list of potential business activities that do not fall under significant business activities performed at neighbouring EU port calls. In doing so, if significant carbon leakage and evasive practices are reported, the Commission should come up with proposed measures to tackle these issues.
Amendment 119 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) In order to ensure a coherent legislative frame work for the use and deployment of alternative fuels, the proposal for this Regulation should be aligned with the proposal for a Regulation (Alternative Fuels Infrastructure Regulation), the proposal for a revision of Directive 2003/87/EC (EU ETS) and the proposal for a revision of Directive 2003/96/EC (Energy Taxation Directive). This alignment should ensure that the requirements for the provision of shore- side electricity (SSE) in ports is accompanied by rules mandating the use of SSE by ships.
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 127 #
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, or government ships used for non-commercial purposes.
Amendment 132 #
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 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company cshould, 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, route and speed of the ship. The Commission is called upon to assess potential compliance loopholes, propose measures and formally review this Directive relating to this topic in 2027 if significant issues of compliance have been found. __________________ 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 136 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to limit the administrative burden, in particular that of smaller operators, this Regulation should not apply to wooden ships of a primitive build and ships not propelled by mechanical means and focus on ships with a gross tonnage above 5 000400 as ships above 5 000 gross tonnage. Even though these latter ships represent only approximately 55% of all ships calling at ports under the Regulation (EU) 2015/757 of the European Parliament and of the Council, they are responsible for 90% of the carbon dioxide (CO2) emissions from the maritime sectorand to avoid incentives to game the system by building smaller ships just below the threshold.
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 143 #
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. The successful utilization of zero emission fuels does not justify the use of inefficient systems leading to a waste of resources and energy. 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. This should be consistent with a climate goal-based and future-proof approach and implemented in a technology neutral and cost-effective manner. Stressing the need of energy efficiency solutions to completely decarbonising the sector.
Amendment 153 #
Proposal for a regulation
Recital 10
Recital 10
(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, limitsambitious limits, in line with the Paris Agreements threshold to remain below 1.5°C, should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology. At the same time, a distinction has to be made to particularly incentivise development and large-scale uptake of zero emission fuels that are needed to reach eventual full coverage of the market.
Amendment 155 #
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 e- fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IXfrom renewable energy sources as per article 27 (3) of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short termshould be eligible.
Amendment 159 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Shipping has been recognised by the EU Hydrogen strategy as a main sector for the upscaling of sustainable fuels derived from renewable hydrogen. As shipping has to compete for scarce renewable hydrogen supplies with other sectors, in which other, more efficient solutions like direct electrification can be deployed, additional measures should be established to encourage the uptake of renewable fuels of non-biological origin in the maritime sector, as they need to be firmly upscaled to achieve zero emissions of shipping by 2050.
Amendment 160 #
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) The Commission has identified additional incentives for synthetic fuels as an important element to bridge the price gap to fossil fuels and biofuels in the Impact Assessment to this regulation. The Commission recognises that a dedicated instruments for synthetic fuels would have positive impacts on innovation, the shipping, shipbuilding and marine equipment industries. This innovation push needs to be unlocked already before 2030, to accelerate the reduction of greenhouse gases and to safeguard high quality jobs in European shipbuilding and connected sectors. A minimum quota for renewable fuels of non-biological origin can generally increase the predictability of the regulatory framework, thereby minimising an important barrier to the deployment of renewable fuels of non- biological origin.
Amendment 165 #
Proposal for a regulation
Recital 13
Recital 13
(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops- based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop- based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. To do so, sufficient monitoring, reporting and verification of biofuels used in shipping shall be ensured. In accordance with Article 31a of Directive XXXX-XXX (Renewable Energy Directive REDIII), the Union database for tracing fuels should be used to establish which fuels are compliant with the requirements set out in Article 4 of this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway. This also applies to intermediate crops and other crops grown primarily for energy purposes on agricultural land as well as palm fatty acid distillates that are made by product of palm oil.
Amendment 168 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Used Cooking Oil can be a sustainable, waste-based fuel. However, there has been evidence of fraud in third countries on illegitimate labelling of used cooking oil. Regarding the international character of this Regulation, enforcement and control of sustainability standards of bunkered biofuels is even more difficult than for imported biofuels. Therefore, used cooking oil should be considered to have the same emission factors as the least favourable pathway.
Amendment 169 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) To prevent fraud regarding international bunkering of renewable hydrogen and hydrogen-derived fuels and to enable the international trade of renewable hydrogen, the EU should accelerate works on international renewable hydrogen standards and robust tracking, certification and verification systems for renewable fuels of non- biological origin.
Amendment 171 #
Proposal for a regulation
Recital 14
Recital 14
(14) The long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limitsambitious limits (in line with the Paris Agreement to stay below the 1.5°C threshold) for the greenhouse gas intensity of the energy used on-board by ships until 2050 both during navigation and at berth. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine sustainable renewable and low carbon fuels.
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 178 #
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 base and mon the fuel consumption reported by shipitoring entities 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 179 #
Proposal for a regulation
Recital 16
Recital 16
(16) IWhereas, in order to provide a more complete picture of the environmental performance of the various energy sources, the GHG performance of fuels should be assessed on a well-to-wake basis, taking into account the impacts of energy production, transport, distribution and use on-board and accounting for the footprint of the various stages of the well- to-tank emissions.. This is to incentivise technologies and production pathways that provide a lower GHG footprint and real benefits compared to the existing conventional fuels.
Amendment 180 #
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. This shall consider the performance of fossiall fuels should however only be assessed through the use of default emission factors as provided for by this Regulatincluding fossil fuels emission.
Amendment 183 #
Proposal for a regulation
Recital 18
Recital 18
(18) A comprehensive approach on all the most relevant GHG emissions (CO2, BC, CH4 and N2O) is necessary to promote the use of energy sources providing a lower GHG footprint overall. In order to reflect the global warming potential of methane and nitrous oxides, the limit set by this Regulation should therefore be expressed in terms of ‘CO2 equivalent’.
Amendment 184 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) According to the IPCC Assessment Report 1a, the world risks overshooting the 1.5°C temperature limit within the next 20 years. Therefore, it is appropriate to calculate the Global Warming Potential of Methane, Black Carbon and Nitrous Oxide on a 20years’ timeframe to avoid underestimating the real short-time effect on global warming. __________________ 1a IPCC, 2021: Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change.
Amendment 185 #
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Black carbon is both an air pollutant and short-lived climate forcer that forms along with particulate matter (PM) during combustion, with a significant warming effect. In an October 2021 Communication, the EU undertook to “lead the drive for Zero Emission and Zero Pollution shipping in the Arctic Ocean, in line with our Green Deal objectives and the Fit for 55 package
Amendment 186 #
Proposal for a regulation
Recital 18 c (new)
Recital 18 c (new)
(18c) Methane has an atmospheric lifetime of about 12 years, and is more than 80 times more damaging for global warming than CO2 over a period of 20 years after its release. Therefor the GWP20 of methane should be used in the GHG equations from Annex I to better reflect the actual climate impact of methane emissions.
Amendment 188 #
Proposal for a regulation
Recital 19
Recital 19
(19) The use of renewable energy sources and alternative propulsion, such as wind and solar energy, can be quick wins on the short term and 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 190 #
Proposal for a regulation
Recital 20
Recital 20
(20) Air pollution produced by ships (sulphur oxides, nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities. Therefore, specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their engines during their stay in port. According to the data collected within the framework of Regulation (EU) 2015/757 in 2018, passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. Accordingly, emissions from these categories of ships should be addressed as a priority. In addition, it is welcomed to incentive more categories of ships. However, it should be recognised that shore-side electricity (SSE) does not address emissions during navigation, including navigation in the port, highlighting the need for additional measures to address shipping emissions during navigation. Ships calling on ports in the EU should contribute to significantly lowering emissions and air pollution both at navigation and at berth.
Amendment 193 #
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. Efforts need to be undertaken to source the electricity to use for OPS in a sustainable way. 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 shipensure the abatement of air pollution at berth as well as the economic viability return on investment of OPS infrastructure through mandating the use of OPS to achieve effective GHG emission and air pollution reductions. Mandate the use of OPS by the most polluting ships (first priority, however, expanding scope to more ship categories) while Directive 2014/94/EU should ensure that ports deploy zero-emission (and zero air pollutant) infrastructure on a large scale and needs to avoid fossil fuel lock-ins by infrastructure. A parallel obligation on ports within this regulation to cater for the necessary infrastructure will be necessary, also to prevent unfair competition between ports.
Amendment 197 #
Proposal for a regulation
Recital 22
Recital 22
(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports(GHG emissions and air pollutants reductions) in ports and their surrounding areas.. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS, only then a ship should be exempted from its use of OPS.
Amendment 199 #
Proposal for a regulation
Recital 23
Recital 23
(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 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. However, ports should facilitate and maximise the use of OPS in their business as usual operations (planning and asset management).
Amendment 202 #
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 port calls toVessels and ports should apply available and future standardisation requirements to shore power installations on-board and in ports, ensuring that the systems cannot be incompatible. As 2030, ship operators should make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment and human health in coastal areas and port cities. A very 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 208 #
Proposal for a regulation
Recital 25
Recital 25
(25) A robust monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance and enforcement with its provisions. Such system should apply in a non- discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and maritime authorities.
Amendment 211 #
Proposal for a regulation
Recital 27
Recital 27
(27) CA robust certification and monitoring 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).
Amendment 212 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) 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 and the Member States/relevant authorities 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.
Amendment 213 #
Proposal for a regulation
Recital 28
Recital 28
(28) Verification by accredited verifiers should ensure the accuracy and completeness of the monitoring and reporting by companies and the compliance with this Regulation. In order to ensure impartiality and effectiveness, verifiers should be independent and competent legal entities and should be accredited and overseen by national accreditation bodies established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council24 . The respective competent administering authority is defined in this Regulation and sets out the penalties to be paid by non-compliant companies. __________________ 24 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).
Amendment 215 #
Proposal for a regulation
Recital 29
Recital 29
(29) Based on the data and information monitored and reported by companies and controlling bodies, the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit, including any compliance surplus or deficit, as well as the respect of the requirements to use on- shore power supply at berth. The verifier should notify this information to the company concerned. Where the verifier is the same entity as the verifier for the purpose of Regulation (EU) 2015/757, such notification could be done together with the verification report under that Regulation. Such information should be then reported by the company concerned to the Commission.
Amendment 218 #
Proposal for a regulation
Recital 31
Recital 31
(31) Compliance with this Regulation would depend on elements that could be beyond control of the company, such as issues related to fuel availability or fuel quality. Therefore, companies should be allowed the flexibility of rolling-over a compliance surplus from one year to another, for up to three consecutive years, or borrowing an advance compliance surplus, within certain limits, from the following year. The use of OPS at berth, being of high importance for local air quality in port cities and coastal areas should not be eligible for similar flexibility provisions.
Amendment 219 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to avoid technology lock-in and continue supporting the deployment of most performant solutions, companies should be allowed to pool the performances of different ships and use the possible over-performance of one ship to compensate for the under-performance of another ship. This creates a possibility to reward overcompliance and incentivatizes investment in more advanced technologies and stimulate investments in the production of new green ships. Therefore, the system needs to be review every three years considering the impact on the EU ships market and the effective production of new green ships. The possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies until 31 December 2039.
Amendment 222 #
Proposal for a regulation
Recital 35
Recital 35
(35) Without prejudice to the possibility of complying through the flexibility and pooling provisions, the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. The penalty should be proportionate to the extent of the non- compliance and remove any economic advantage of non-compliance, thus preserving a level playing field in the sector. It should be based olarger than the amount and cost of renewable and low-carbon fuel that the ships should have used to meet the requirements of the Regulation. If non- compliance persists, potential exclusion to EU ports can be considered.
Amendment 225 #
Proposal for a regulation
Recital 36
Recital 36
(36) The penalty imposed for each non- compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the EU average electricity price for non-household consumers multiplied by a factor of twofour to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.
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 237 #
Proposal for a regulation
Recital 39
Recital 39
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, calculation of the amounts of penalties or in case of repeated violations 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 239 #
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, and modalities for the payment of penalties setting out labelling system for the environmental performance of ships. 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 242 #
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 preferablneeds to be encourage 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 climate-effective and ambitious 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 aproachThe EU must continue and increase its efforts to promote more ambitious maritime decarbonization targets (that are in line with the Paris Agreement of staying below 1.5°C) within the IMO. However, the EU should not wait for the lack of action at the IMO level and lead on the international maritime level. Where an agreement on a global climate- effective approach, in line with the EU Green Deal and Climate Law ambition, 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 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 250 #
Proposal for a regulation
Recital 43
Recital 43
(43) The uptake of renewable and low- carbon fueldevelopment and large-scale uptake of zero emission fuels technologies and substitute sources of energy by ships arriving at, within or departing from ports under the jurisdiction of a Member State across the Union, is not an objective that can be sufficiently achieved by the Member States without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. This objective can be better achieved by introducing uniform rules at Union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
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 266 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
in order to increase consistent use of renewable and low-carbon fuels and substitute sources of energy across the Union, in line with the Union’s objective of climate neutrality in the Union at the latest by 2050 and the goals of the Paris Agreement while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.
Amendment 268 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to marine fuel suppliers and to all ships above aof 400 gross tonnage of 5000,and above regardless of their flag in respect to:
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 283 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) all the fuels purchased in EU ports.
Amendment 293 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘greenhouse gas emissions’ means the release of carbon dioxide (CO2), black carbon (BC) equivalent emissions, methane (CH4) and nitrous oxides (N2O) into the atmosphere;
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 300 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘food and feed crops’ means food and feed crops as defined in Article 2, point (40), of Directive (EU) 2018/2001; including intermediate crops and other crops grown primarily for energy purposes on agricultural land excluding residues and wastes, palm fatty acid distillates, animal fats category III and molasses.
Amendment 313 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at bin a port falling under th as defined in Article 3, point (n) of Regulation (EU) 2015/757; e jurisdiction of a Member State which is securely moored at the main berth/terminal, where it is loading and unloading and/or embarking/disembarking passengers, including the time spent when not engaged in these cargo/passenger operations; in case of cruise vessels, hoteling is included;
Amendment 321 #
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 floating and mobile, feeding the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
Amendment 323 #
Proposal for a regulation
Article 3 – paragraph 1 – point s a (new)
Article 3 – paragraph 1 – point s a (new)
(sa) The administering authority in respect of a shipping company shall be:
Amendment 324 #
Proposal for a regulation
Article 3 – paragraph 1 – point s b (new)
Article 3 – paragraph 1 – point s b (new)
(sb) in the case of a shipping company registered in a Member State, the Member State in which the shipping company is registered;
Amendment 325 #
Proposal for a regulation
Article 3 – paragraph 1 – point s c (new)
Article 3 – paragraph 1 – point s c (new)
(sc) in the case of a shipping company that is not registered in a Member State, the Member State with the greatest estimated number of port calls from voyages performed by that shipping company in the last two monitoring years and falling within the scope set out in Article 2;
Amendment 326 #
Proposal for a regulation
Article 3 – paragraph 1 – point s d (new)
Article 3 – paragraph 1 – point s d (new)
(sd) in the case of a shipping company that is not registered in a Member State and that did not carry out any voyage falling within the scope set out in Article 2 in the preceding two monitoring years, the administering authority shall be the Member State from where the shipping company has started its first voyage falling within the scope set out in Article 2;
Amendment 327 #
Proposal for a regulation
Article 3 – paragraph 1 – point u
Article 3 – paragraph 1 – point u
(u) ‘FuelEU certificate of compliance’ means a certificate specific to a ship, issued to a company by a verifierthe administering authority in respect of a shipping company, which confirms that that ship has complied with this Regulation for a specific reporting period;
Amendment 333 #
Proposal for a regulation
Article 3 – paragraph 1 – point y
Article 3 – paragraph 1 – point y
(y) ‘least favourable pathway’ means the most carbongreenhouse gas-intensive production pathway used for any given fuel;
Amendment 335 #
Proposal for a regulation
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
(z) ‘CO2 equivalent’ means the metric measure used to compute the emissions from CO2, BC, CH4 and N2Oon the basis of their global-warming potential, by converting amounts of BC, CH4 and N2O to the equivalent amount of carbon dioxide with the same global warming potential; 20 years after the emission into the atmosphere (“GWP 20”) ;
Amendment 338 #
Proposal for a regulation
Article 3 – paragraph 1 – point ee a (new)
Article 3 – paragraph 1 – point ee a (new)
(eea) The definition of the Arctic for the purposes of this Regulation is that set out in the Artic Council’s Arctic Human Development Reports – AHDR.
Amendment 345 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Greenhouse gas intensity limit of energy used on-board by a ship and minimum share of renewable fuels of non-biological origin
Amendment 346 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Marine fuel suppliers shall ensure that enough volumes of compliant renewable fuels are available in Union ports in order to enable ships to meet the minimum share of renewable fuels of non-biological origin in Article 4 paragraph 2b.
Amendment 349 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 1
Article 4 – paragraph 2 – indent 1
— -26% from 1 January 2025;
Amendment 351 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 2
Article 4 – paragraph 2 – indent 2
— -613% from 1 January 2030;
Amendment 354 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 3
Article 4 – paragraph 2 – indent 3
— -1326% from 1 January 2035;
Amendment 358 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 4
Article 4 – paragraph 2 – indent 4
— -2659% from 1 January 2040;
Amendment 360 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 5
Article 4 – paragraph 2 – indent 5
— -759% from 1 January 2045;
Amendment 362 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 6
Article 4 – paragraph 2 – indent 6
— -75100% from 1 January 2050.
Amendment 365 #
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 used on-board by ships in 2020 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 and II to thatis Regulation.]
Amendment 369 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 372 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. From1 January 2030, the share of RFNBOs used on board by a ship shall not be inferior to 6% of the total energy used during a reporting period. Ships may make use of compliance pooling provisions defined at articles 17 and 18, and are subject to penalties for non- compliance as defined at article 20 and Annex V.
Amendment 375 #
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 and minimum share of renewable fuels of non-biological origin shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I.
Amendment 382 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. By 1 January 2025, the Commission shall adopt a delegated act in accordance with Article 26 to amend Annex II in order to differentiate the well- to-tank emission factors of fuels in the category “Fossil” on the basis of its origin, specifying and including at least the respective emissions of upstream, transportation, and in case of LNG additionally the emissions of liquefaction, storage, and ship loading.
Amendment 385 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a New minimum share of renewable fuels of non-biological origin 1. From 1 January 2030, the share of RFNBOs used on board by a ship shall not be inferior to 6% of the total energy used during a reporting period. The Commission is empowered to adopt delegated acts in order to establish an appropriate compliance system, including flexible system of transfer of excess compliance units, a platform to facilitate their transfer, and penalties. 2. Marine fuel suppliers shall ensure that enough volumes of compliant renewable fuels are available in Union ports in order to enable ships to meet the greenhouse intensity limits in Article 4 (2) and the minimum share of renewable fuels of non-biological origin in Article 4 (a) paragraph 1.
Amendment 399 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, aA ship at berth 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 405 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) containpassenger ships by January 2025;
Amendment 406 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) passenger ships.containerships oil tankers, refrigerated bulk carriers by 1 January 2030;
Amendment 408 #
Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(b a) all remaining ships as defined by article 2, by 1 January 2035;
Amendment 413 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. As from 1 January [2028] and without prejudice to the exemption of paragraph 3 (a)of this Article, ships covered in Paragraph 2 of this Article which are at berth in a port of call under the jurisdiction of a Member State shall connect o shore side electricity and use it for all its energy needs in cases where these ships have an onshore power installation on board and there is an operational fixed SSE infrastructure in place at berth.
Amendment 425 #
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
Amendment 433 #
Proposal for a regulation
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
Amendment 444 #
Proposal for a regulation
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5a. The port of call shall ensure the provision of sufficient shore-side electricity supply for ships is provided, in line with the requirements set out in [AFIR COM/2021/559 final] and that the shore installation allows for the use of most commonly used on-board on-shore power equipment.
Amendment 445 #
Proposal for a regulation
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5b. Ship operators shall inform/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 foreseen in Annex III of this Regulation; Port managing bodies, or where relevant, the terminal operator or the competent authority, shall coordinate with the ship operators about the technical specifications foreshore-side electricity (SSE), the standardisation of shore-side electricity installations onboard and potential incompatibilities between the shore-side electricity provided at berth and the shore-side electricity installations onboard vessels, and where relevant, the possible use of other equivalent technologies specified in Annex III. Ship operators shall provide all information available about the power needed during certain call at berth, in particular when the needs exceed the estimated power needs for such a vessel.
Amendment 447 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 457 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. By 1 January 2025, the Commission shall adopt an implementing act laying down the applicable technologies to use Renewable fuels of non-biological origin in ports as referred to in Paragraph 3 (b) and specified in Annex III.
Amendment 460 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a OPEN LOOP EXHAUST GAS CLEANING SYSTEMS The discharge of waste from open loop exhaust gas cleaning systems (“scrubbers”) into open waters on journeys that fall under the scope of this Regulation shall be prohibited as of 1 January 2027. By 1 January 2024, the Commission shall adopt delegated act laying down the detailed requirements to comply with this obligation.
Amendment 478 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Certification of biofuels, biogas, renewable liquid and gaseous transport fuels of non- biological origin and recycled carbonother fuels
Amendment 481 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) greenhouse gas emission factors of biofuels and biogas tshatll comply with the sustainability and greenhouse gas saving criteria set out in Article 29 of Directive (EU) 2018/2001 and shall be determined according to the methodologies set out in that Directive;
Amendment 485 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) greenhouse gas emissions factors of renewable fuels of non-biological origin and recycled carbon fuel tshatll comply with the greenhouse gas emission savings thresholds set out in Article 27(3) of Directive (EU) 2018/2001 shall be determined according to the methodologies set out in that Directive;
Amendment 486 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops including intermediate crops and other crops grown primarily for energy purposes on agricultural land as well as palm fatty acid distillates, used cooking oil and animal fats of category III shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
Amendment 492 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(d a) any other fuels that do not comply with the minimum greenhouse gas saving criteria set out in Article 29 of Directive (EU) 2018/2001 shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels.
Amendment 498 #
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 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 measurementin accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001. For actual values related to RFNBOs, the values should be developed in accordance with Annex V of the Directive (EU) 2018/2001 and forthcoming delegated acts on additionality and GHG methodology for RFNBOs.
Amendment 505 #
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) the use of distillates or other cleaner alternative fuels or methods of propulsion when operating MRV voyages covered by this Regulation in or near the Arctic.
Amendment 509 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant deviations are found, the verifier shall carry out further analyses.
Amendment 519 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) the amount of each type of substitute source of energy including fuels, electricity, wind and solar energy consumed at berth and at sea.
Amendment 538 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Compliance database and reporting and publication of information
Amendment 540 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall develop, ensure functioning and update an electronic compliance database for the monitoring of compliance with Articles 4 and 5 and storage and publication of information submitted by companies under paragraph 3 of this Article. The compliance database shall be used to keep a record of the compliance balance of the ships the use of the exemptions set out in Article 5.3 and the use of the flexibility mechanisms set out in Articles 17 and 18 penalties incurred under Article 20, as well as data submitted as per paragraph 3.. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission. and general public in a transparent and user-friendly manner.
Amendment 544 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained by the verifierand calculated by the verifier, the use of the flexibility mechanisms set out in Articles 17 and 18, the yearly exceptions called under Article 5(3), if any, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.
Amendment 547 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. By 30 June each year, the Commission shall make publicly available the information recorded by the company in the compliance database as per paragraph 3. The information should be in a downloadable format without anonymization or further aggregation.
Amendment 548 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Where the ship has a compliance surplus for the reporting period, the company may bank it to the same ship’s compliance balance for the following reporting period. The company shall record the banking of the compliance surplus to the following reporting period in the compliance database subject to approval by its verifier. The company may no longer bank the compliance surplus once the FuelEU certificate of compliance has been issued. The unused compliance surplus for the following reporting period shall have a validity of three years.
Amendment 549 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. Banking of compliance surplus shall be limited to ships using only renewable fuels of non-biological origin, as defined in article 9(1) b), or zero- emission technologies as defined in annex III.
Amendment 556 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The compliance balances of two or more ships, which are verified by the same verifier, may be pooled for the purposes of fulfilling the requirements of Article 4 until December 2039. A ship’s compliance balance may not be included in more than one pool in the same reporting period. A ship with an excess compliance balance may participate in the pool provided it uses renewable fuels of non-biological origin, as defined in article 9(1) b), or zero-emission technologies as defined in Annex III.
Amendment 560 #
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 verifieradministering entity of a shipping company shall calculate the amount of the penalty on the basis of the formula specified Annex V.
Amendment 561 #
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 verifieradministering entity of a shipping company shall 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. The company shall pay a penalty for each MRV voyage covered by this Regulation and transiting the Arctic that does not use distillates or other cleaner alternative fuels or method of propulsion for the entirety (or only a part thereof) of the relevant MRV voyage. The penalty will be set at double the cost of the difference for the entire MRV journey between the cost of the fuel used and the distillate cost.
Amendment 567 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Notwithstanding Article 19(1), the verifier shall issue a FuelEU certificate of compliance once the penalties referred to in paragraphs 1 and 2 of this Article have been paid. The administering entity shall issue a FuelEU certificate of compliance through the payment of penalties to a company for a maximum of two consecutive years. For the second consecutive year of non-compliance the penalty calculated on the basis of the formula specified in Annex V shall be doubled, after which in the following reporting periods the verifier shall not issue a FuelEU certificate of compliance. The actions referred to in this Article as well as the proof of the financial payments in accordance with Article 21 shall be recorded in the FuelEU certificate of compliance.
Amendment 571 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into account the developments in the cost of energy. Regarding the formula referred to in paragraph 1 of this Article, the resulting penalty must be larger than the amount and cost of renewable and low-carbon fuel that the ships should have used to meet the requirements of this Regulation. The Commission shall monitor whether such condition is fulfilled on a half-yearly basis.
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 588 #
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 75% of the revenues generated from the auctioning of allowances referred to in Article 21 (2) shall be used through the Ocean Fund as stated in 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.
Amendment 594 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. The 25% of the remaining revenues shall be implemented in accordance with the rules applicable to the Innovation Fund;
Amendment 595 #
Proposal for a regulation
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. The total of the revenues generated from the provisions of Directive 2003/87/EC as regards maritime transport activities shall be used through the Ocean Fund amending Dir 2003/87and Regulation 2015/57
Amendment 597 #
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22 a Environmental performance labelling of ships So as to incentivise emissions reductions and increase the transparency of information, the Commission shall set up a holistic Union labelling system for the environmental performance of ships which shall apply to the ships covered by this Regulation. By 1 July 2023, the Commission shall adopt delegated acts in accordance with Article 26 to supplement this Regulation by setting out the detailed provisions of the functioning of the Union labelling system for the environmental performance of ships as well as the technical standards which constitute its basis.
Amendment 613 #
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 203027 and every five years thereafter, 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. The Commission shall consider possible amendments to:
Amendment 618 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) the extensions of the ships types to which Article 5(1) applies;
Amendment 621 #
Proposal for a regulation
Article 28 – paragraph 1 – point c a (new)
Article 28 – paragraph 1 – point c a (new)
(c a) the pooling of compliance referred to in Article 18;
Amendment 625 #
Proposal for a regulation
Article 28 – paragraph 1 – point c b (new)
Article 28 – paragraph 1 – point c b (new)
(c b) the inclusion of black carbon emissions within the scope of this regulation.
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.