BETA

Activities of Marisa MATIAS related to 2021/0210(COD)

Shadow opinions (1)

2022/06/28
Committee: ITRE
Dossiers: 2021/0210(COD)
Documents: PDF(534 KB) DOC(292 KB)
Authors: [{'name': 'Rasmus ANDRESEN', 'mepid': 197448}]

Amendments (49)

Proposal for a regulation
Recital 2 a (new)

(2 a) Methane is a powerful greenhouse gas, over 80 times more potent than CO2 over a 20-year period, making it the second most important greenhouse gas, as well as a precursor pollutant to ground- level ozone (O3) contributing to about a quarter of the global warming experienced today. Therefore in order to adequately capture the short-term climate forcing effects of methane, and thus accurately account for the climate impact of the use of fossil liquified natural gas in the shipping sector over the envisaged timeframe of implementation of this Regulation, the use of a Global Warming Potential (GWP) value of methane over a 20-year time horizon (GWP20) is considered more appropriate than over a 100-year time. Consequently the total GHG intensity of LNG should be calculated using GWP 20 value = 82.5, as defined in the IPCC 6th Assessment Report.

2022/02/18
Committee: ITRE

Proposal for a regulation
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 5 000. 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 sector400.

2022/02/18
Committee: ITRE

Proposal for a regulation
Recital 9 a (new)

(9 a) In keeping with the Commission recommendation of 28 September 2021 entitled ‘on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond’, this Regulation takes an integrated approach by introducing targets for energy efficiency, so that minimal energy would be required for several maritime activities, in addition to promoting fuel switch to sustainable renewable. An emission reduction target per transport work will stimulate shipowners and operators to implement available operational and energy efficiency measures, having into account their needs, such as slow steaming, speed and planning optimisation, wind propulsion, anti-fouling coatings, electrification from renewable sources and energy storage, but also digitalisation and logistics optimisation. Equally important to correctly operationalise the energy efficiency first guidelines is to reward, hence incentivise, more energy efficient energy sources or propulsion technologies for energy used at sea and at berth to comply with the provisions in this Regulation.

2022/02/18
Committee: ITRE

Proposal for a regulation
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~~energy efficiency and sustainability first principles. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships, w~~ithout prescribing the use of any particular fuel or technology~~hich should also ensure proper recognition of the energy efficiency and sustainability of any particular fuel or technology. Moreover, dedicated incentives are deemed appropriate to stimulate the upscale and uptake of renewable fuels of nonbiological origin which are set to play a key role to decarbonise those shipping applications without a more energy efficient and sustainable renewable-based alternative, such as direct renewable- based electrification.

2022/02/18
Committee: ITRE

Proposal for a regulation
Recital 13 a (new)

(13 a) OLAF investigations put forward concerning numbers of illegal dumping of biodiesel from world market into the EU which are also falsely described as having been obtained from used cooking oil (UCO). In this regard should be avoided the creation of a potentially large demand of UCO in the maritime sector, whereby its international nature would make enforcement and control of biofuels standards even more difficult than for imported biofuels. For this reason, used cooking oil based biofuels should be considered to have the same emission factos as the least favourable fossil pathway.

2022/02/18
Committee: ITRE

Proposal for a regulation
Recital 17

(17) The well-to-wake performance of renewable ~~and low-carbon~~ maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. ~~The performance of~~Fossil fuels and fossil ~~fuel~~gas should however only be assessed through the use of default emission factors as provided for by this Regulation and deemed not suitable for complying with the GHG emission intensity target.

2022/02/18
Committee: ITRE

Proposal for a regulation
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 to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS shoud be maintained in order to provide the possibility for occasional last- minute changes in port call schedules and calls in ports with incompatible equipment.deleted

2022/02/18
Committee: ITRE

Proposal for a regulation
Recital 32

(32) In order to avoid technology lock-in and continue supporting the deployment of most ~~performant~~energy efficient and sustainable renewable energy solutions, companies should be allowed to pool the performances of ~~different ship~~ships powered by zero- emission fuels or zero-emission technologies and use the possible over- performance of one ship to compensate for the under-performance of another ship. This creates a possibility to reward over compliance and incentivates investment in more advanced technologies. The possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)

(a a) the reduction of the greenhouse gas (‘GHG’) emissions per transport work as an average across the ship fleet operated by the same company arriving at, staying within or departing from ports under the jurisdiction of a Member State;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 1 – paragraph 1 – point a b (new)

(a b) the obligation to use a share of renewable fuels of non-biological origin by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State;

2022/02/18
Committee: ITRE

Proposal for a regulation
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~~the energy efficiency measures in maritime sector and to increase the use of sustainable renewable fuels and to achieve zero emissions in the maritime sector by 2040, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 1 – introductory part

This Regulation applies to all ships above a gross tonnage of 50400, regardless of their flag in respect to:

2022/02/18
Committee: ITRE

Proposal for a regulation
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.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 2 – paragraph 2

This Regulation does not apply to ~~warships, naval auxiliaries, fish-catching or fish-processing ships,~~ wooden ships of a primitive build, or ships not propelled by mechanical means~~, or government ships used for non-commercial purposes~~.

2022/02/18
Committee: ITRE

Proposal for a regulation
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; and intermediate crops, energy crops, palm fatty acid distillates, animal fats category III, molasses, soapstock and derivatives;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point y

(y) ‘least favourable pathway’ means the most ~~carbon~~GHG-intensive production pathway used for any given fuel;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point z

(z) ‘CO2 equivalent’ means the metric measure used to compute the emissions from CO2, CH4 and N2O on the basis of their global-warming potential, by converting amounts of CH4 and N2O to the equivalent amount of carbon dioxide with the same global warming potential (GWP) using GWP 20 figures;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 3 a (new)

Article 3 a Operational and energy efficiency Greenhouse gas intensity per transport of work 1. Companies shall linearly reduce the annual GHG emissions per transport work by at least 40% by 2030 as an average across all ships under their responsibility, compared to the average performance per ship category of ships of the same size and type as reported under this Regulation or, where appropriate, under the Regulation (EU) 2015/757. 2. Where, in a given reporting period, a company fails to comply with the annual reduction referred to in paragraph 1 of this Article, the administering authority in respect of the company shall impose an effective, proportionate and dissuasive financial penalty. Payment of the excess emissions penalty shall not release the company from its obligation under paragraph 1 of this Article. In the case of companies that have failed to comply with the emission limits laid down under this Article, the provisions of Article 23(3) apply. 3. The Commission shall adopt delegated acts by... [6 months after the entry into force of this Regulation] in accordance with Article 26 in order to supplement this Regulation by: (i) defining the average performance per ship category referred to in paragraph 1; (ii) determining the baseline and the annual linear reduction factor to be applied for each ship category by using the data from the THETIS-MRV, including the mandatory parameter ‘cargo carried’, and the IMO DCS, when available, while fully recognising the emission reductions already undertaken by the ‘decarbonising first movers’ companies, so as to achieve the target referred to in paragraph 1; (iii) specifying the rules and means for calculating and collecting the excess emissions penalty referred to in paragraph 2; and (iv) specifying any other rule and methods necessary for the monitoring, compliance and verification of compliance of this Article, for all ships falling under the scope of this Regulation.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 – indent 1

— -26% from 1 January 2025;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 – indent 2

— -623% from 1 January 2030;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 – indent 3

— -1377% from 1 January 2035;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 – indent 4

— -26100% from 1 January 2040;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 – indent 5

~~— -59% from 1 January 2045;~~deleted

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 – indent 6

~~— -75% from 1 January 2050.~~deleted

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2 a. From 1 January 2030, ships that do not have any other more energy efficient renewable-based solutions to decarbonise their operations, shall meet at least 18% of their yearly average energy used on-board during a reporting period with RFNBOs.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 4 – paragraph 3

3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I. When the emission factor of a fuel or energy pathway included in this calculation does not provide at least 65% greenhouse gas saving, or greater than 65% as defined according to provisions indicated in Article 9, relative to the reference value referred to in paragraph 2, the emission factor of the pathway shall be assumed to be equivalent to the least favourable pathway.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 1

1. ~~From 1 January 2030, a~~A 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.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 2 – introductory part

2. Paragraph 1 shall apply to:

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 2 – point a

(a) ~~containership~~by January 2025, to passenger ships and all seagoing containerships above 400 gross tonnes;

2022/02/18
Committee: ITRE

(b) ~~passenger ship~~by 1 January 2030 to all types of ships above 400 gross tonnes.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 3 – introductory part

3. Paragraph 1 and 2 shall not apply to ships:

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 3 – point d

~~(d) that are unable to connect to on- shore power supply due to unavailable connection points in a port;~~deleted

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 3 – point e

~~(e) that are unable to connect to on- shore power supply because the shore installation at the port is not compatible with the on-board on-shore power equipment;~~deleted

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 5 – paragraph 6

6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, points (d) and (e).deleted

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 3 – point d

(d) a description that the ship has installed and certified equipment to allow connection to on shore power supply, at a specified voltage and frequency, including the gear specified in IEC/IEEE 80005-1 (High Voltage) and IEC/IEEE 80005-3 (Low Voltage) or is equipped with substitute sources of energy or a zero- emission at berth technology as specified in Annex III together with a description of their main technical specifications, including their capacity expressed in megajoules (MJ) when relevant;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 7 – paragraph 3 – point e

(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4, 5, including the sources of energy intended to power the zero-emission at berth technology specified in Annex III, such as main intended energy source to charge the on board-electricity storage and to power the fuel cells, and 5a;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 9 – title

~~Certification of biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon~~Sustainability and GHG saving criteria of transport fuels

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 1 – introductory part

1. Where biofuels, biogas, and renewable fuels of non-biological origin ~~and recycled carbon fuels~~, as defined in Directive (EU) 2018/2001, and other fuels or gases are to be taken into account for the purposes referred to in Articles 4~~(1)~~ of this Regulation, the following rules apply:

2022/02/18
Committee: ITRE

Proposal for a regulation
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;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 1 – point b

(b) greenhouse gas emissions factors of renewable fuels of non-biological origin ~~and recycled carbon fuel that~~shall comply with the greenhouse gas emission savings thresholds set out in Article 27(3) of Directive (EU) 2018/2001, and the related delegated acts on additionality and GHG methodology, and shall be determined according to the methodologies set out in that Directive;

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)

(d a) fossil gas and any other fossil- derived fuel pathways shall be considered to have the same emission factors as the least favourable fossil fuel pathway fort his type of fuels.

2022/02/18
Committee: ITRE

Proposal for a regulation
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 measurements.deleted

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 13 – paragraph 3

3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and to ensure the verifier’s independence and impartiality. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.

2022/02/18
Committee: ITRE

Proposal for a regulation
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. The compliance database shall be used to keep a record of the compliance balance of the ships and the use of the flexibility mechanisms set out in Articles 17 and 18. It shall be publicly accessible ~~to the companies, the verifiers, the competent authorities and the Commission~~.

2022/02/18
Committee: ITRE

Proposal for a regulation
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 compliance surpluses that are not banked for each of the following reporting period shall be cancelled. 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.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 17 – paragraph 1 a (new)

1 a. Ships shall be allowed to bank their compliance surplus between reporting periods to meet the requirements set in Article 4 only if such a surplus is generated by using renewable energy sources.

2022/02/18
Committee: ITRE

Proposal for a regulation
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. Pooling compliance surplus shall be restricted to ships powered by zero-emission fuels, in accordance with values in Annex II, and zero-emission technologies, in accordance with Annex III. A ship’s compliance balance may not be included in more than one pool in the same reporting period.

2022/02/18
Committee: ITRE

Proposal for a regulation
Article 21 – paragraph 1

1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions. Projects financed by the funds collected shall contextually support, in dialogue with social partners, the redeployment, re- and up-skilling of the workers proper training, to ensure job-to- job transition, alternative quality jobs in the same regions, to provide the environmentally friendly and technology-related skills required for the transition.

2022/02/18
Committee: ITRE

Proposal for a regulation
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~~sustainable renewable energy in maritime transport and its impact on the maritime sector in the Union. The Commission shall consider possible amendments to:

2022/02/18
Committee: ITRE