Activities of Maria SPYRAKI related to 2021/0210(COD)
Plenary speeches (1)
Sustainable maritime fuels (FuelEU Maritime Initiative) - Deployment of alternative fuels infrastructure (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC
Amendments (121)
Amendment 107 #
Proposal for a regulation
Recital 1
Recital 1
(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, fewer jobs and a loss of connectivity for citizens and businesses
Amendment 110 #
(1a) The maritime sector employs 2 million Europeans and contributes 149 billion Euros to the economy. For every million Euros generated in the shipping industry, 1,8 million Euros is generated elsewhere in the EU economy1a. _________________ 1a European Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.
Amendment 112 #
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Maritime transport is the most environmentally friendly transport mode with significantly lower greenhouse gas emissions per tonne of goods transported compared to other modes.1b At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. _________________ 1b European Environment Agency study, 2020, Methodology for GHG Efficiency of Transport Modes, Final Report, Fraunhofer-Institute for Systems and Innovation Research Karlsruhe, 2020: https://www.eea.europa.eu/publications/ra il-and-waterborne-transport
Amendment 116 #
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 motivate the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happenbe under way by 2030 to prepare for much more rapid change thereafter. _________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
Amendment 121 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbon fuels and substitute sources of energy, it is essential to ensure the proper functioning of and fair competition in the EU maritime transport market regarding marine fuels, which account for a substantial share of ship operators’ costs – typically between 35% and 53% of shipping freight rates. Differences in fuel requirements across Member States of the Union can significantly affect ship operators’ economic performance and negatively impact competition in the market. Due to the international nature of shipping, ship operators may easily bunker in third countries and carry large amounts of fuel. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.
Amendment 123 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The maritime sector is characterized by fierce international competition, and major differences in regulatory burdens across flag states have exacerbated unwanted practices such as the reflagging of vessels. The sector's intrinsic global character underlines the importance of a favourable regulatory environment, which is a precondition for attracting new investments and safeguarding the competitiveness of European ports, ship owners and operators.
Amendment 123 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Recognizing the importance to address the specific needs of islands and remote areas with a view to ensure connectivity and 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 125 #
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 supplied for 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 supplied for 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 supplied for 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.
Amendment 126 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Givent hat this Regulation will impose additional compliance costs on the sector, compensatory actions need to be taken in order to prevent the total level of regulatory burden from increasing. The Commission should therefore be obliged to present, before the application of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs for the maritime sector.
Amendment 127 #
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The FuelEU Maritime Regulation should be closely aligned and consistent with the proposal for a Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation), the proposal for a revision of Directive 2003/87/EC (EUETS), Directive XXXX-XXX (Renewable Energy Directive), and the proposal for a revision of Directive 2003/96/EC (Energy Taxation Directive), in order to ensure a coherent legislative framework for the shipping ecosystem, that contributes to massively increasing the production of alternative fuels, ensures the deployment of the necessary infrastructure and incentivises the use of these fuels in a steadily growing share of vessels.
Amendment 128 #
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The obligation for ports to provide on-shore power supply should be complemented by a corresponding obligation for ships to connect to such charging infrastructure while at berth, in order to ensure effectiveness and avoid stranded assets. Furthermore, the costs associated with on-shore charging should be reduced by permanently exempting electricity supplied to vessels in port from taxation through revisions of the Energy Taxation Directive (XXXX-XXX).
Amendment 130 #
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 , . However, the shipping compandy in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line withs not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. These responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. In that case, in order to properly implement the ‘polluter pays’ principle, the shipping company could, 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, and to encourage the uptake of cleaner fuels, a binding clause shall be included in these agreements for the purpose of passing on to that entity the costs under this Regulation, namely the penalties related to the under-performance of the ship. This clause shall provide that the entity responsible for the operation of the ship shall reimburse the shipping company with respect to the penalties imposed for each non-compliant port call and failing to meet the limits on the greenhouse gas intensity of the energy use don-board the ship. In this regard, operation of the ship means determining the cargo carried, the itinerary (including the port of calls), the routeing and/or the speed of the ship. __________________ 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 132 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) To ensure a level playing field for ships built to operate in ice-covered waters on their way to, from or between Member State ports, specific information relating to a ship's ice class, and to its navigation through ice, should be considered when calculating GHG emission reductions on a vessel basis, as well as in the data monitored and reported on the basis of the EU MRV Regulation (Regulation (EU) 2015/757).
Amendment 134 #
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 , . However, the shipping compandy in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line withs not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. These responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. In that case, in order to properly implement the ‘polluter pays’ principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting and to encourage the uptake of cleaner fuels, a binding clause shall be included in these agreements for the purpose of passing on to that entity the costs under this Regulation, namely the penalties related to the under-performance of the ship. This clause shall provide that the entity responsible for the operation of the ship shall reimburse the shipping company with respect to the penalties imposed for each non-compliant port call and failing to meet the limits on the greenhouse gas intensity of the energy used byon-board 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,. In this regard operation of the ship means determining the cargo carried, the itinerary (including the port of calls), the routeing and/or the speed of the ship. _________________ 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 147 #
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels and propulsion technologies with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.
Amendment 148 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 148 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In the event fuel enabling the ship to comply cannot be supplied at a port under the jurisdiction of a Member State, the ship should report the inability to obtain such fuel to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State.
Amendment 153 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 159 #
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 limits for the greenhouse gas intensity of the energy used on-board by ships, both during navigation and at berth, until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. To ensure legal certainty and provide sufficient time for the sector to plan and prepare long-term, as well as to avoid stranded assets, possible future reviews of this Regulation should be limited in scope and avoid significant changes to the requirements.
Amendment 162 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels 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 166 #
Proposal for a regulation
Recital 17
Recital 17
(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank- to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation.
Amendment 175 #
Proposal for a regulation
Recital 21
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport when at berth. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships in situations where it effectively reduces emissions at a reasonable cost.
Amendment 176 #
Proposal for a regulation
Recital 15
Recital 15
(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels 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 178 #
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, the terminal operator and/or the competent authority, depending on the governance model for ports in the different Member States. These exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations. In case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port, this should not be considered as a failure by the port nor of the ship operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager to the verifiers.
Amendment 181 #
Proposal for a regulation
Recital 24
Recital 24
(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. Ports should equip their births, and ship owners their vessels, with power installations that comply with applicable standards, in order to ensure that the systems are fully compatible. As of 2035, ship operators should plan carefully their calls on TEN-T ports callsovered by the Regulation XXXX- XXX (Alternative Fuels Infrastructure Regulation) to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS should be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.
Amendment 183 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) The targets for provision of OPS laid down in Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) take into account the types of vessels served and the respective traffic volumes of maritime ports. The requirement for ships to connect to OPS while at berth should not apply to vessels when calling on ports exempted from the OPS requirement in the Alternative Fuels Infrastructure Regulation.
Amendment 184 #
Proposal for a regulation
Recital 24 b (new)
Recital 24 b (new)
(24b) The implementation of this Regulation should take due consideration of the diverse governance models for ports across the Union, in particular as regards the responsibility for issuing a certificate exempting a vessel from the obligation to connect to OPS.
Amendment 185 #
Proposal for a regulation
Recital 24 c (new)
Recital 24 c (new)
(24c) Coordination between ports and ship operators is crucial to ensure smooth connection procedures to on-shore power in ports. Ship operators should inform the ports they call at about their intentions to connect to on-shore power, their power needs during the given call, in particular when those exceed the estimated needs for this ship category.
Amendment 202 #
Proposal for a regulation
Recital 37
Recital 37
(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.
Amendment 204 #
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, the compilation of information for the calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.
Amendment 206 #
Proposal for a regulation
Recital 40
Recital 40
(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well- to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor,establishing the rules on conducting the laboratory testing and direct emissions measurements, accreditation of verifiers and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 207 #
Proposal for a regulation
Recital 42
Recital 42
(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it cwould be regarded assignificantly more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global aproach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate,to align it with the international rules.
Amendment 212 #
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 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 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the limit on the greenhouse gas (‘GHG’) intensity of energy supplied by maritime fuel suppliers and used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
in order to increase consistent supply and use of renewable and low-carbon fuels and substitute sources of energy in maritime transport across the Union, while ensuring theits smooth operation of maritime traffic and avoiding distortions in the internal market.
Amendment 224 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to maritime fuel suppliers and to all ships above a gross tonnage of 5000, regardless of their flag, in respect to:
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the energy supplied or used during their stay within a port of call under the jurisdiction of a Member State,
Amendment 229 #
(b) the entirety of the energyergy supplied for used on voyages from a port of call under the jurisdiction of a Member State to a port of call under the jurisdiction of a Member State, and
Amendment 235 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half of the energy supplied for 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 239 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(a) By way of derogation, paragraph 1(b) shall not apply until 31th December 2029 to passenger and Ro-Ro passenger ships calling at ports of islands within the same Member State with less than 100.000 permanent residents, according to the latest official census of the population. Member States shall notify the Commission about the routes and islands exempted as well as for any alterations thereof.
Amendment 243 #
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, paragraph 2, point 38 of Directive (EU) 2018/2001, supplying marine fuel at a maritime port under the jurisdiction of a Member State;
Amendment 245 #
Proposal for a regulation
Recital 42
Recital 42
(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it could be regarded as more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global approach 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 246 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘company’ means company as defined in Article 3, point (d) of Regulation (EU) 2015/757; When the responsibility for the purchase of the fuel and/ or the operation of the ship is assumed, pursuant to a contractual agreement, by an entity other than the shipping company, that entity shall either pay the penalties under article 20, paragraph 1 and 2 of this Directive or reimburse the shipping company for the penalties paid. For the purposes of this paragraph, operation of the ship shall mean determining the cargo carried, the itinerary, the routing and/or the speed of the ship.
Amendment 249 #
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘ship at berth’ means a ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757;which is securely moored along a quay in a port falling under the jurisdiction of a Member State while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations
Amendment 250 #
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth without the additional energy used due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and the additional energy used by a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class due to sailing in ice conditions;
Amendment 252 #
Proposal for a regulation
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag State or an organisation recognised by that State, showing that the ship has been designed for navigation in sea-ice conditions.
Amendment 253 #
Proposal for a regulation
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(qb) 'sailing in ice conditions' means sailing of an ice-classed ship in a sea area within the ice edge.
Amendment 254 #
Proposal for a regulation
Article 3 – paragraph 1 – point q c (new)
Article 3 – paragraph 1 – point q c (new)
(qc) 'ice edge' is defined by paragraph 4.4. of the WMO Sea-Ice Nomenclature, March 2014, as the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting.
Amendment 255 #
Proposal for a regulation
Article 3 – paragraph 1 – point r
Article 3 – paragraph 1 – point r
(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
Amendment 268 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Greenhouse gas intensity limit of energy used on-board by asupplied to ships
Amendment 269 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The yearly average greenhouse gas intensity of the energy used on-board by a shipsupplied to a ship within a port of call under the jurisdiction of a Member State during a reporting period shall not exceed the limit set out in paragraph 2.
Amendment 283 #
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 supplied to ships and used on-board by ships in 2020 as 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 Annexes I to that Regulationand II to this Regulation. In view of adopting Lifecycle Assessment (LCA) Guidelines in IMO, the Commission should review this methodology with a view to aligning it with the global one once agreed. Ships shall comply with the limits referred to in paragraph 2 in relation to the energy supplied within a port of call under the jurisdiction of a Member State. Maritime fuel suppliers shall ensure that the energy made available to ships in ports under the jurisdiction of a Member State complies with the limits referred to in paragraph 2.]
Amendment 286 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the EU fleet average greenhouse gas intensity of the energy used on-board by ships in 202019 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.]
Amendment 288 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I, including a correction factor for ice classed ships, deducting the higher fuel consumption linked to ice navigation. As a basis for the calculation of emission factors, default values are provided in Annex II of this Regulation. These default values can be replaced by actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 288 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
By way of derogation, paragraph 1(b) shall not apply until 31th December 2029 to passenger and Ro-Ro passenger ships calling at ports of islands within the same Member State with less than 100.000 permanent residents, according to the latest official census of the population. Member States shall notify the Commission about the routes and islands exempted as well as for any alterations thereof.
Amendment 290 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 292 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Amendment 295 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member Statecovered by Article 9 of the Alternative Fuels Infrastructure Regulation shall connect to on-shore power supply and use it for all energits electricity needs while at berth, with exemption for auxiliary boilers.
Amendment 299 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, second paragraph, point 38 of Directive (EU) 2018/2001,supplying marine fuel at a Union port;
Amendment 306 #
Proposal for a regulation
Article 5 – paragraph 3 – point a a (new)
Article 5 – paragraph 3 – point a a (new)
(aa) that were estimated to be at berth for less than two hours, but were hindered from departing within that timeframe due to unforeseeable events outside the operator’s control.
Amendment 307 #
Proposal for a regulation
Article 5 – paragraph 3 – point c
Article 5 – paragraph 3 – point c
(c) that have to make an unscheduled port call for reasons of safety or saving life at sea or in emergency situations or under conditions of force majeure;
Amendment 311 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Ship operators shall inform the ports they call at about their intentions to connect to on-shore power and indicate the amount of power they require during the given call.
Amendment 312 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 314 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The managing body of the port of call, or where applicable the terminal operator or the competent authority, shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.
Amendment 318 #
Proposal for a regulation
Article 5 – paragraph 6
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).
Amendment 329 #
Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
Article 7 – paragraph 3 – point l a (new)
(la) information on the ice class of the ship, if the additional energy due to the ship's ice class is to be left out from the scope of the energy used on-board;
Amendment 332 #
Proposal for a regulation
Article 7 – paragraph 3 – point l b (new)
Article 7 – paragraph 3 – point l b (new)
(lb) a description of the procedure for monitoring the distance travelled for the whole voyage and when sailing in ice conditions, the date and time when sailing in ice conditions, the fuel consumption and the energy provided by substitute sources of energy or a zero emission technology as specified in Annex III when sailing in ice conditions, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board.
Amendment 335 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7 a FuelEU maritime non-availability report 1. If a ship, despite best efforts, fails to obtain at a port under the jurisdiction of a Member State fuels enabling it to comply with the limits referred to in paragraph 2 of Article 4,it shall report the inability to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State, by means of a FuelEU non-availability report. This report should include the reasons of the non-availability of fuels such as shortage of fuels and lack of port infrastructure. 2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU maritime non-availability report referred to in paragraph 1 of this Article. 3. The competent authorities of the Member State shall report in the compliance database referred to in Article 16the cases of fuel non-availability. 4. The Member State of the port shall investigate the reports of non-availability.
Amendment 340 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8 a Certification of fossil fuels 1. 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 to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements. 2. Companies shall be entitled to divert from the established default values for the well-to-tank emission factors provided that actual values are certified. The Commission is empowered to adopt delegated acts to supplement this Regulation by establishing the rules on certifying actual well-to-tank emissions.
Amendment 340 #
Proposal for a regulation
Chapter II – title
Chapter II – title
Amendment 341 #
Proposal for a regulation
Article 8 b (new)
Article 8 b (new)
Article 8 b FuelEU Maritime Bunker Certificate 1. Maritime fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Certificate’, which should be annexed to the Bunker Delivery Note. The fuel supplier shall be responsible for the accuracy of the information. 2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU Maritime Bunker Certificate referred to in paragraph 1 of this Article.
Amendment 353 #
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 shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
Amendment 369 #
Proposal for a regulation
Article 14 – paragraph 1 – point c
Article 14 – paragraph 1 – point c
(c) the amount of each type of fuel consumed at berth, in port and at sea;
Amendment 372 #
Proposal for a regulation
Article 14 – paragraph 1 – point e a (new)
Article 14 – paragraph 1 – point e a (new)
(ea) the ship's ice class, if the additional energy due to ship's ice class is to be left out from the scope of the energy used on-board;
Amendment 374 #
Proposal for a regulation
Article 14 – paragraph 1 – point e b (new)
Article 14 – paragraph 1 – point e b (new)
(eb) the date and time when sailing in ice conditions, the amount of each type of fuel consumed when sailing in ice conditions, the amount of each type of substitute source of energy consumed when sailing in ice conditions, the distance travelled when sailing in ice conditions, the distance travelled during the voyage, the amount of each type of fuel consumed at sea, the amount of each type of substitute source of energy consumed at sea, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on- board;
Amendment 380 #
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
Amendment 383 #
Proposal for a regulation
Article 15 – paragraph 2 – point d a (new)
Article 15 – paragraph 2 – point d a (new)
(da) compile the aforementioned information and submit it to the Member State’s competent authority.
Amendment 385 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. On the basis of the information provided by the verifier, the Member State’s competent authority shall calculate the amount of the penalties referred to in Article 20(1) and (2).
Amendment 388 #
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, within the THETIS- MRV module, 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 accessible to the companies, the verifiers, the competent authorities and the Commission.
Amendment 388 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Maritime fuel suppliers 1. Maritime fuel suppliers shall ensure that the supply of fuels in the Union ports is sufficient, in order for ships to meet the requirements set out in Article 4 paragraph 2. 2. Marine fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Certificate’, which should be annexed to the Bunker Delivery Note. The fuel supplier shall be responsible for the accuracy of the information. 3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to calculate and publish, at least two years in advance, the total quantities of fuels referred to in paragraph 1 and 2.
Amendment 390 #
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b Supply plans and reporting obligations for maritime fuel suppliers 1. By 31 March of each year maritime fuel suppliers shall develop and submit to the compliance database, referred to in Article 16, a comprehensive plan for the projected supply of the fuels referred to in Article 4 a (new) paragraph 1. The supply plan shall include the following information for each of the fuels projected to be supplied at Union ports: (a) The list of the Union ports and their geographical location; (b) The type and volumes; (c) The well-to-wake emission factors, origin of feedstock and conversion process. 2. By 31 March of each reporting year, maritime fuel suppliers shall report in the compliance database referred to in Article 16, the following information: (a) The volume of each type of fuels supplied at each Union port; (b) The well-to-wake emission factors, origin of feedstock and conversion process for each type of renewable marine fuels supplied at Union ports. 3. Commission shall publish information submitted to the compliance database referred to in paragraph 1 and 2.
Amendment 396 #
Proposal for a regulation
Article 17 – paragraph 2 – introductory part
Article 17 – paragraph 2 – introductory part
2. Where the ship has a compliance deficit for the reporting period, the company may borrow an advance compliance surplus of the corresponding amount from the following reporting period. The advance compliance surplus shall be added to the ship’s balance in the reporting period and subtracted from the same ship’s balance in the following reporting period. The amount to be subtracted in the following reporting period shall be equal to the advance compliance surplus multiplied by 1.1. The advance compliance surplus may not be borrowed:
Amendment 404 #
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 verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V. The verifier shall also allocate the proportion of the compliance deficit to the entity that is ultimately responsible for the purchase of the fuel and/or the operation of the ship, calculate the proportionate penalty and notify the shipping company and that other entity for the sake of payment or reimbursement.
Amendment 407 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The company shall pay a penalty for each non-compliant port call. The verifier shallMember State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on- board and by the number of completed hours spent at berth.
Amendment 414 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
Amendment 416 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. Member States shall ensure that penalties are imposed on maritime fuel suppliers failing to comply with the obligations laid down in Article 4 relative to the yearly average greenhouse gas intensity of the energy supplied. Member States shall lay down provisions on penalties applicable to maritime fuel suppliers and shall take all the measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of the relevant provisions of national law by 31.12.2024.
Amendment 424 #
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC and should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.
Amendment 433 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(6), 5(4), 9(3), 13(3), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 435 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 437 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 441 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every three years thereafter until 2050, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union, with emphasis on this Regulation’s impact on the functioning of the single market, the sector’s competitiveness, transport freight rates and the magnitude of carbon leakage. The Commission shall consider possible amendments to:
Amendment 442 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
Amendment 444 #
Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
Article 28 – paragraph 1 – point a a (new)
(aa) the scope of this Regulation in terms of - the gross tonnage threshold referred to in Article 2, - the share of energy used by ships in voyage to and from third countries referred to in Article 2 point (c)
Amendment 448 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 449 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The Commission shall report to the European Parliament and the Council, by 1 January 2030, and every fifth year until 2050, the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Fit for 55 legislative package,1a with particular emphasis on the effects on the Union's competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage. _________________ 1a Communication from the Commission (COM/2021/550), 14 July 2021.
Amendment 452 #
Proposal for a regulation
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
Amendment 454 #
Proposal for a regulation
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. The Commission shall propose amendments to this Regulation in the event the International Maritime Organization adopts global carbon emission standards, in order to fully align the respective provisions.
Amendment 455 #
Proposal for a regulation
Article 28 – paragraph 1 d (new)
Article 28 – paragraph 1 d (new)
1d. In the event of the adoption by the International Maritime Organization of a global low-GHG carbon fuel standard, the Commission shall present a report to the European Parliament and to the Council examining such measure, accompanied by a legislative proposal to the European Parliament and to the Council to appropriately amend this Regulation in order to align it with international rules.
Amendment 456 #
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 456 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Ports shall provide to the master of the ship a ‘FuelEU Maritime on-shore power supply Certificate’, which should be annexed to the Bunker Delivery Note. The certificate should contain information on the electricity purchased, including CO2eq WtT. The fuel supplier shall be responsible for the accuracy of the information.
Amendment 459 #
Proposal for a regulation
Annex I – paragraph 4 – introductory part
Annex I – paragraph 4 – introductory part
In the case of fossil fuels, the default values in Annex II shall be usedould be used unless the operator provides actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 463 #
Proposal for a regulation
Annex I – paragraph 5
Annex I – paragraph 5
The [Mi] massmass [Mi] of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [Mi A] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.
Amendment 466 #
The emission factors for all fuels can alternatively be determined on actual values certified by means of laboratory testing or direct emissions measurements.
Amendment 468 #
Proposal for a regulation
Annex II – paragraph 8
Annex II – paragraph 8
Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel33 . _________________ 33 Reference is made to Directive (EU) 2018/2001, Annex V.C.1.(a) to the term eu ‘emissions from the fuel in use’
Amendment 472 #
Proposal for a regulation
Annex I – Equation 2
Annex I – Equation 2
𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊, 𝑗 = (𝐶𝑓 𝐶𝑂2, 𝑗 × 𝐺𝑊𝑃𝐶𝑂2 + 𝐶𝑓 𝐶𝐻4, 𝑗 × 𝐺𝑊𝑃𝐶𝐻4 + 𝐶𝑓 𝑁2𝑂, 𝑗 × 𝐺𝑊𝑃𝑁2𝑂) 𝑖 Equation (2) Term Explanation i Index corresponding to the fuels delivered to the ship in the reference period j Index corresponding to the fuel combustion units on board the ship. For the purpose of this Regulation the units considered are the main engine(s), auxiliary engine(s) and fired oil boilers k Index corresponding to the connection points (c) where electricity is supplied per connection point. c Index corresponding to the number of electrical charging points m Index corresponding to the number of energy consumers 𝑀𝑖, 𝑗 Mass of the specific fuel i oxidised in consumer j [gFuel] 𝐸𝑘 Electricity delivered to the ship per connection point k if more than one [MJ] 𝐶𝑂2𝑒𝑞 𝑊𝑡𝑇, 𝑖 WtT GHG emission factor of fuel i [gCO2eq/MJ] 𝐶𝑂2𝑒𝑞 𝑒𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦, 𝑘 WtT GHG emission factor associated to the electricity delivered to the ship at berth per connection point k [gCO2eq/MJ] 𝐿𝐶𝑉𝑖 Lower Calorific Value of fuel i [MJ/gFuel] 𝐶𝑒𝑛𝑔𝑖𝑛𝑒 𝑠𝑙𝑖𝑝 𝑗 Engine fuel slippage (non-combusted fuel) coefficient as a percentage of the mass of the fuel i used by combustion unit j [%] 𝐶𝑓 𝐶𝑂2, 𝑗, 𝐶𝑓 𝐶𝐻4, 𝑗 , 𝐶𝑓 𝑁2𝑂, 𝑗 TtW GHG emission factors by combusted fuel in combustion unit j [gGHG/gFuel] 𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊, 𝑗 TtW CO2 equivalent emissions of combusted fuel i in combustion unit j [gCO2eq/gFuel] 𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊, 𝑗 = (𝐶𝑐𝑓 𝐶𝑂2, 𝑗 × 𝐺𝑊𝑃𝐶𝑂2 + 𝐶𝑐𝑓 𝐶𝐻4, 𝑗 × 𝐺𝑊𝑃𝐶𝐻4 + 𝐶𝑐𝑓 𝑁2𝑂, 𝑗 × 𝐺𝑊𝑃𝑁2𝑂) 𝑖 𝐶𝑠𝑓 𝐶𝑂2, 𝑗, 𝐶𝑠𝑓 𝐶𝐻4, 𝑗 ,𝐶𝑠𝑓 𝑁2𝑂, 𝑗 TtW GHG emissions factors by slipped fuel towards combustion unit j [gGHG/gFuel] 𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊𝑠𝑙𝑖𝑝𝑝𝑎𝑔𝑒 , 𝑗 TtW CO2 equivalent emissions of slipped fuel i towards combustion unit j [gCO2eq/gFuel] 𝐶𝑂2𝑒𝑞, 𝑇𝑡𝑊 𝑠𝑙𝑖𝑝𝑝𝑎𝑔𝑒, 𝑗 = (𝐶𝑠𝑓 𝐶𝑂2, 𝑗 × 𝐺𝑊𝑃𝐶𝑂2 + 𝐶𝑠𝑓 𝐶𝐻4, 𝑗 × 𝐺𝑊𝑃𝐶𝐻4 + 𝐶𝑠𝑓 𝑁2𝑂, 𝑗 × 𝐺𝑊𝑃𝑁2𝑂) 𝑖 𝐺𝑊𝑃𝐶𝑂2,𝐺𝑊𝑃𝐶𝐻4, ,𝐺𝑊𝑃 𝑁2𝑂 CO2, CH4 , N2O Global Warming Potential over 100 years Mi,j A Adjusted mass of the specific fuel i oxidized in consumer j [gFuel] due to sailing in ice conditions in the case of a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class 1 and due to technical properties of a ship having the ice class IA or IA Super or an equivalent ice class. The adjusted mass Mi,j A is used in Equation (1) instead of the mass Mi,j when appropriate.
Amendment 473 #
Proposal for a regulation
Annex I – Equation 2
Annex I – Equation 2
In the case of fossil fuels, the default values in Annex II shall be usedould be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For the purpose of this regulation the term 𝒄 ∑𝑘𝐸𝑘 × 𝐶𝑂2𝑒𝑞 𝑒𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦, 𝑘 in the numerator of Equation (1) shall be set to zero.
Amendment 474 #
Proposal for a regulation
Annex I – Method for determining [Mi]
Annex I – Method for determining [Mi]
The [Mi] massmass [Mi] of fuel shall be determined using the amount reported in accordance with the framework of the reporting under 1 For further information on correspondence between ice classes, see HELCOM Recommendation 25/7 at http://www.helcom.fi. Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [Mi A] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.
Amendment 475 #
Proposal for a regulation
ANNEX I - Methods for determining the reward factors linked to substitute sources of energy
ANNEX I - Methods for determining the reward factors linked to substitute sources of energy
Methods for determining the reward factors linked to substitute sources of energy In case substitute sources of energy are installed on board, a reward factor for substitute sources of energy can be applied. This reward factor can be applied on all types of fossil free energy generated on board, including but not limited to, wind energy. In case of wind power such reward factor is determined as follow:
Amendment 476 #
Proposal for a regulation
ANNEX I - Methods for determining the reward factors linked to substitute sources of energy
ANNEX I - Methods for determining the reward factors linked to substitute sources of energy
In case substitute sources of energy are installed on board, a reward factor for substitute sources of energy can be applied. In case of windof other fossil free sources of power such reward factor is determined as follows: Reward factor for substitute 𝑷𝑾𝒊𝒏𝒅 sources of 𝑷𝑭𝒐𝒔𝒔𝒊𝒍𝑭𝒓𝒆𝒆 sources of energy- WIND (fwind)energy- FOSSIL FREE (fFossilFree) 𝑷𝑻𝒐𝒕 0,99 0,1 0,97 0,2 0,95 ⩾ 0,3
Amendment 477 #
Proposal for a regulation
ANNEX I – Verification and Certification
ANNEX I – Verification and Certification
Amendment 478 #
Proposal for a regulation
ANNEX II
ANNEX II
The emissions factors for fossils fuels contained in this Annex shall be used for the determination of the greenhouse gas intensity index referred to in Annex I of this Regulation. The emissions factors of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels shall be determined according to the methodologies set out in Annex 5 part C of Directive (EU) 2018/2001. The emission factors for all fuels can alternatively be determined on actual values certified by mean of laboratory testing or direct emissions measurements. In the table: – TBM stands for To Be Measured – N/A stands for Not Available – The dash means not applicable
Amendment 479 #
Proposal for a regulation
ANNEX II – Column 4
ANNEX II – Column 4
Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel23.
Amendment 480 #
Proposal for a regulation
ANNEX III – Zero-emission technology
ANNEX III – Zero-emission technology
ANNEX III
Amendment 523 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. When the supply of fuels referred to in Article 4b (new) paragraph 1 and 2, is not sufficient at the Union ports of call in accordance with the supply plan of the maritime fuel suppliers, the ship shall submit a fuel non-availability report (FNAR). The report shall cover all the Union port calls during the compliance period and it shall be submitted to the competent authorities and the Commission.
Amendment 529 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. The Commission is empowered to adopt delegated acts in accordance with Article 26 to create a template for the fuel non-availability report referred to in paragraph 1 a (new).
Amendment 564 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The maritime fuel supplier shall pay the penalty referred to in paragraph 1 when the ship submits a FNAR. If more than one fuel suppliers are included in the FNAR, the penalty shall be divided among the fuel suppliers proportionally. This penalty shall be deducted from the amount paid by the company under paragraph 1.
Amendment 569 #
Proposal for a regulation
Article 20 – paragraph 3 a (new)
Article 20 – paragraph 3 a (new)
3a. Where the shipping company concludes a contract with a commercial operator specifying that this operator is responsible for the purchase of the fuel or the operation of the ship, the shipping company and that commercial operator shall, by means of a contractual arrangement, determine that the latter shall be liable for the payment of the costs arising from the penalties referred to in this Article. For the purposes of this paragraph, operation of the ship shall mean determining the cargo carried, the itinerary, the routeing and/or the speed of the ship. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs arising from the penalties referred to in this Article.
Amendment 591 #
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. All the revenues shall be earmarked to support projects in the maritime sector, and support the deployment of innovative energy efficiency technologies and sustainable fuels, in particular through carbon contracts for difference. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.
Amendment 604 #
Proposal for a regulation
Chapter V a (new)
Chapter V a (new)
INTERNATIONAL COOPERATION Article 25 (new) International cooperation 1. The Commission shall inform the International Maritime Organization and other relevant international bodies on a regular basis of the implementation of this Regulation, without prejudice to the distribution of competences or to decision- making procedures as provided for in the Treaties. 2. In the event that an international agreement is adopted regarding the limits in relation to the greenhouse gas intensity of the energy used by ships, the Commission shall review and shall propose amendments to this Regulation in order to ensure a full alignment with the international agreement.
Amendment 605 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(6), 5(4), 9(3), 13(3), 4(3a new), 14(3a new), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 610 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(7), 4(3a new), 5(4), 9(3), 13(3), 14(3a new), 20(4), and 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.