52 Amendments of Tiemo WÖLKEN related to 2023/0266(COD)
Amendment 42 #
Proposal for a regulation
Recital 8
Recital 8
(8) Despite benefits stemming from the increased transparency on the performance of transport services, mandatory application of this Regulation to all entities offering transport services on the Union market would be disproportionate and lead to excessive costs and burden. Therefore, this Regulation should apply only to those entities that decide or are bound by other relevant legislative and non-legislative regimes, to calculate and disclose information on greenhouse gas emissions of freight or passengers transport services that start or end on the territory of the Union. This consequently includes services, the origin or destination points of which are situated in a third country and are operated by entities based in third countries, to which this Regulation therefore also applies.
Amendment 42 #
Proposal for a regulation
Recital 8
Recital 8
(8) Despite benefits stemming from the increased transparency on the performance of transport services, mandatory application of this Regulation to all entities offering transport services on the Union market would be disproportionate and lead to excessive costs and burden. Therefore, this Regulation should apply only to those entities that decide or are bound by other relevant legislative and non-legislative regimes, to calculate and disclose information on greenhouse gas emissions of freight or passengers transport services that start or end on the territory of the Union. This consequently includes services, the origin or destination points of which are situated in a third country and are operated by entities based in third countries, to which this Regulation therefore also applies.
Amendment 50 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) This Regulation should be aligned with the European Sustainability Reporting Standards (ESRS), a key component of the Corporate Sustainability Reporting Directive (CSRD), as well as with other EU legislation in force, in order to avoid any inconsistencies in reporting greenhouse gas emissions of a transport service. Any claims made on the basis of output data reported in accordance with this regulation should be in full compliance with Directive (EU) (.....)/(....) on substantiation and communication of explicit environmental claims (Green Claims Directive) as well as Directive (.....)/(....)amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information.
Amendment 50 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) This Regulation should be aligned with the European Sustainability Reporting Standards (ESRS), a key component of the Corporate Sustainability Reporting Directive (CSRD), as well as with other EU legislation in force, in order to avoid any inconsistencies in reporting greenhouse gas emissions of a transport service. Any claims made on the basis of output data reported in accordance with this regulation should be in full compliance with Directive (EU) (.....)/(....) on substantiation and communication of explicit environmental claims (Green Claims Directive) as well as Directive (.....)/(....)amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information.
Amendment 73 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Where a transport service organiser partially subcontracts the performance of a transport service, the parties should be able to decide whether to calculate the output data for the subcontracted part of the transport service on the basis of primary or secondary data, irrespective of the method chosen by the transport service organiser for the calculation of its own output data.
Amendment 73 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Where a transport service organiser partially subcontracts the performance of a transport service, the parties should be able to decide whether to calculate the output data for the subcontracted part of the transport service on the basis of primary or secondary data, irrespective of the method chosen by the transport service organiser for the calculation of its own output data.
Amendment 76 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15 b) Where a transport service organiser that partially or fully subcontracts the concrete performance of a transport service and decides to integrate the subcontractor’s greenhouse gas emissions data in its overall calculation, it should be able to rely on secondary data in respect of the transport services performed by the subcontractor(s). Flexibility should be granted to use secondary data provided by one or several subcontractors, even if primary data is used for the calculation of greenhouse gas emissions deriving from the transport services performed by other subcontractors or by the transport service organiser’s own fleet.
Amendment 76 #
Proposal for a regulation
Recital 15 b (new)
Recital 15 b (new)
(15 b) Where a transport service organiser that partially or fully subcontracts the concrete performance of a transport service and decides to integrate the subcontractor’s greenhouse gas emissions data in its overall calculation, it should be able to rely on secondary data in respect of the transport services performed by the subcontractor(s). Flexibility should be granted to use secondary data provided by one or several subcontractors, even if primary data is used for the calculation of greenhouse gas emissions deriving from the transport services performed by other subcontractors or by the transport service organiser’s own fleet.
Amendment 84 #
Proposal for a regulation
Recital 19
Recital 19
(19) The development and maintenance of the EU databases of default values for greenhouse gas emission intensity and greenhouse gas emission factors, as well as the technical quality check of external databases and datasets operated by third parties should be undertaken by a neutral and competent body operating at Union level. Given its remit, the European Environmental Agency is best placed to provide the necessary assistance for the proper implementation of this part of the Regulation. Where relevant, this work may rely on contribution from and be supported by other sectorial EU bodies, in accordance of separate Union law.
Amendment 84 #
Proposal for a regulation
Recital 19
Recital 19
(19) The development and maintenance of the EU databases of default values for greenhouse gas emission intensity and greenhouse gas emission factors, as well as the technical quality check of external databases and datasets operated by third parties should be undertaken by a neutral and competent body operating at Union level. Given its remit, the European Environmental Agency is best placed to provide the necessary assistance for the proper implementation of this part of the Regulation. Where relevant, this work may rely on contribution from and be supported by other sectorial EU bodies, in accordance of separate Union law.
Amendment 103 #
Proposal for a regulation
Recital 26
Recital 26
(26) External calculation tools that are provided on the market for the broader commercial and non-commercial use can facilitate the accounting of greenhouse gas emissions of transport services, thus supporting its uptake by the wider groups of stakeholders. The use of these tools should be certified to guarantee that they conform to the requirements of this Regulation, especially as regards the use of the common reference methodology and an appropriate set of input data. In order to create a level-playing field, esepcially with regards to SMEs, as well as to make the output data more readily comparable, the Commission should develop a compliant calculation tool and provide it to the public free of charge.
Amendment 103 #
Proposal for a regulation
Recital 26
Recital 26
(26) External calculation tools that are provided on the market for the broader commercial and non-commercial use can facilitate the accounting of greenhouse gas emissions of transport services, thus supporting its uptake by the wider groups of stakeholders. The use of these tools should be certified to guarantee that they conform to the requirements of this Regulation, especially as regards the use of the common reference methodology and an appropriate set of input data. In order to create a level-playing field, esepcially with regards to SMEs, as well as to make the output data more readily comparable, the Commission should develop a compliant calculation tool and provide it to the public free of charge.
Amendment 126 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to any entity providing or organising freight and passenger services in the Union that calculates greenhouse gas emissions of a transport service starting or ending on the Union territory, including incoming and outgoing transport services between the Union and third countries, and discloses disaggregated information on those emissions to any third party for commercial or regulatory purposes, either on a voluntary or contractual basis or due to obligations under Union or national law.
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30 a (new)
Article 3 – paragraph 1 – point 30 a (new)
(30 a) “third country” means a country that is not a member of the European Union as well as a country or territory whose citizens do not enjoy the European Union right to free movement, as defined in Article 2(5) of Regulation (EU) 2016/399.
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30 b (new)
Article 3 – paragraph 1 – point 30 b (new)
(30 b) “transport service organiser” means an entity that provides transport services within which the operation of some transport chain elements are subcontracted to one or more entities that operate them.
Amendment 161 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30 c (new)
Article 3 – paragraph 1 – point 30 c (new)
(30 c) “transport subcontractor” means an entity providing or organising freight or passenger transport services, transport chains and/or transport operations on behalf of one or several transport service organiser(s), under contractual arrangements.
Amendment 178 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission is empowered to adopt implementingdelegated acts in accordance with Article 176 to supplement this Regulation with a view to celarifyborate the reference methodology referred to in paragraph 1, to ensure its uniform implementation on the marketand to adapt it to the rules set out in Chapter III of this regulation as regards the approach for determining appropriate emission-relevant parameters for calculating greenhouse gas emissions before a service is provided, and, where applicable, other technical parameters related to the allocation of emissions or aggregation of data elements that are not explicitly explained in that methodology.
Amendment 194 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. When an entity referred to in Article 2 is a transport service organiser, both the transport service organiser and the transport subcontractor shall be entitled to decide whether to calculate the output data of the subcontracted part of the transport operation on the basis of primary or secondary data, irrespective of the method chosen by the transport service organiser for the calculation of its own output data.
Amendment 195 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2 b. When an entity referred to in Article 2 is a transport service organiser that decides to integrate the subcontractor’s greenhouse gas emissions data in its overall calculation of a transport service, it shall be able to rely on secondary data from its transport subcontractors. This shall be allowed even if the principal entity opted to use primary data for calculating the greenhouse gas emissions deriving from a transport service performed by other transport subcontractors or its own fleet.
Amendment 197 #
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2 c. When greenhous gas emissions from electricity consumed by transport can be quantified by using the location- based approach and the market-based approach under EN ISO 14083:2023 the market-based electricity mix shall be reported. For the purposes of establishing the databases referred to in Article 5(2), points (a) to (b) of this regulation, the location-based approach for electricity shall be applied.
Amendment 198 #
Proposal for a regulation
Article 5 – paragraph 2 d (new)
Article 5 – paragraph 2 d (new)
2 d. With regards to transport fuels listed in Annex V, Directive (EU) 2018/2001, their default emission intensity values in the database referred to in Article 5 (2), point (a)(i), shall be no lower than the aggregated values (as calculated against the fossil fuel comparator) listed in parts A and B of that Annex.
Amendment 200 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission with the assistance of the European Environmental Agency, taking into account the expertise of relevant stakeholders, shall establish a core EU database of default emission intensity values referred to in Article 5 (2), point (a)(i), within 24 months after the entry into force of this Regulation. When establishing the core EU database of default emission intensity values referred to in Article 5 (2), point (a)(i), the Commission and the European Environmental Agency shall produce a seperate table for each mode of transport and may take into account databases operated by member states and third parties which contain specialised regional or sectoral emission intensity values.
Amendment 207 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. In a situation where default greenhouse gas emission intensity values are not available in the core EU database, entities may refer to other national databases, which are deemed to have been verified, pursuant to Article 13(8) or which have been verified under other existing Union legislation provided that such data is available at the same aggregation level as the one required by this Regulation.
Amendment 211 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall ensure thean appropriate level of security, maintenance, update, and continuous development of the database referred to in paragraph 1, taking into account for the evolution of the technological state-of-the- art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions. The Commission shall assess the need for an update of the databases at least annually. Any updates to the default values shall be notified to the public without delay. Following such an update, concerned entities shall, where necessary, modify accordingly any output data established under Article 9 within 24 months.
Amendment 216 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The Commission, with the assistance of the European Environmental Agency, and taking into account the expertise of relevant stakeholders, shall ensure that technical quality checks of default values for greenhouse gas emission intensity are conducted, similarly to those applicable to databases or datasets operated by third parties.
Amendment 221 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Access to the database referred to in paragraph 1, to consult or use default emission intensity values shall be easily accessible open to the public and free of charge.
Amendment 225 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A database or dataset referred to in Article 5 (2), point (a)(ii) may only be used to derive secondary data as long as the core EU Database referred to in Article 5(2), point (a)(i) is not yet operational. A developer of a database or dataset referred to in Article 5 (2), point (a)(ii) shall submit an application to the Commission for a technical quality check of default values for greenhouse gas emission intensity included in that database or dataset. The Commission, with the assistance of the European Environmental Agency, shall conduct the technical quality check in accordance with the requirements set out in Articles 4 to 8 of this Regulation. The technical quality check shall be conducted in due time upon official receipt of the application.
Amendment 230 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Only databases and datasets of default emission intensity values that have been positively assessed in that technical quality check referred to paragraph 1 shall be used for the purpose of using secondary data in accordance with Article 5 (2), point (a)(ii). The Commission shall publish and maintain an up-to-date list of the databases of default values for greenhouse gas emission intensity operated by third parties that have been positively assessed. The up-to-date list shall be publicly available on a dedicated website.
Amendment 242 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, with the assistance of the European Environmental Agency, shall establish a central EU database of default greenhouse gas emission factors referred to in Article 5(2), point (b) within 24 months after the entry into force of this Regulation.
Amendment 248 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. In a situation where default greenhouse gas emission factors are not available in the central EU database, entities may refer to other national databases, which are deemed to have been verified, pursuant to Article 13(8) or which have been verified under other existing Union legislation provided that such data is available at the same aggregation level as the one required by this Regulation.
Amendment 251 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission, with the assistance of the European Environmental Agency, shall ensure thean appropriate level of security, maintenance, update, and continuous development of the database referred to in paragraph 1, taking into account the evolution of the technological state-of-the-art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions. The Commission shall regularly assess the need for an update of the database. Any updates to the default values shall be notified to the public without delay. Following such an update, concerned entities shall, where necessary, modify accordingly any output data established under Article 9 within 24 months.
Amendment 260 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Access to the database referred to in paragraph 1, to consult or use default greenhouse gas emission factors for the transport energy carriers shall be easily accessible, open to the public and free of charge.
Amendment 264 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The output data may be established with using calculation tools. By [24 months after entry into force] the Commission shall provide free of charge calculation tool in accordance with Article 11. External calculation tools shall comply with the requirements laid down in Article 11.
Amendment 268 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The output data as a minimum shall consist of the total mass of carbon dioxide equivalent (CO2e) per transport service, and, in relation to a type of transport service concerned, at least one of the following data metrics:
Amendment 269 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Concerned entities shall disclose output data in a clear and unambiguous manner. When concerned entities disclose output data, in the communication accompanying this disclosure they shall include the following statement “Well-to- wheel greenhouse gas emissions calculated in accordance with EU Regulation [reference to this Regulation] of the European Parliament and the Council”, at least in one of the official languages of the EU, and where possible, in an official language of a Member State on the territory of which the service is performed. Concerned entities may also include in this disclosure information on the percentage share of any transport operation that has been carried out using zero-emission vehicles; provided that share has been verified in accordance with Articles 12 and 13. Any commercial claims made on the basis of the output data reported in shall be in full compliance with Directive (EU) (.....)/(....) on substantiation and communication of explicit environmental claims (Green Claims Directive) as well as Directive (.....)/(....)amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information.
Amendment 286 #
Proposal for a regulation
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) it shall be made available upon request of a competent authority, in accordance with the rules set out in the delegated act, referred to in Article 13(9), or another third party insofar separate legal or contractual arrangements apply;
Amendment 287 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The output data and evidence referred to in paragraph 5 shall be established in a clear and unambiguous manner, at least in one of the official languages of the Union. Where possible, they shall be made in a harmonised and simple form, available in the form of a weblink, QR code or equivalent, enabling interoperability of output data and evidence across different providers of transport services.
Amendment 297 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Calculation tools that are used internally by an entity to calculate greenhouse gas emissions of a transport service shall also be aligned with the requirements set out by the reference methodology referred to in Article 4(1).
Amendment 300 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall publish on its official website an easily accessible list of all calculation tools that are certified in accordance with paragraph 1 and paragraph 2.
Amendment 301 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Output data referred to in Article 9 shall be subject to verification of its conformity with the requirements laid down in Articles 4 to 9 of this Regulation. Verification shall be carried out at least annually, and in accordance with the delegated acts referred to in Article 13(9).
Amendment 305 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The verification requirements referred to in paragraph 1 shall apply to concerned entities referred to in Article 2, with the exception of micro, small and medium-sized enterprises referred to in Commission Recommendation 2003/361/EC66 . T, to whom they shall only apply as of [OP: Please insert a date: 60 months after the entry into force of this Regulation]. Until [OP: Please insert a date: 60 months after the entry into force of this Regulation] the micro, small and medium-sized enterprises may undergo the verification upon their request. _________________ 66 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 307 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The conformity assessment body referred to in Article 14 shall verify the reliability, credibility, adherence and accuracy of the output data disclosed by a concerned entity. Verification shall be carried out at least annually, and in accordance with the delegated acts referred to in Article 13 (9).
Amendment 310 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. Where calculation tools are used that are not external, the conformity assessment body shall assess its compliance with the requirements set out by the reference methodology referred to in Article 4(1).
Amendment 313 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where the verification assessment identifies incorrect calculations or non- compliance with Articles 4 to 9 of this Regulation, the conformity assessment body shall inform the entity concerned thereof in a timely manner. That entity shall then correct the calculation or remedy non-conformities so as to enable the verification process to be completed. If the entity, following at least two notifications by the conformity assessment body, knowingly refuses to correct the calculations or remedy non-conformities with regards to Article 4 to 9 of this regulation, the Commission shall initiate a penalty procedure in accordance with the delegated act referred to in paragraph 5. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 316 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The entity concerned shall provide the conformity assessment body with any additional information that enables it to carry out the verification procedures. The conformity assessment body may conduct checks during the verification process, in accordance with the delegated act referred to in Article 13 (9), to determine the reliability of data and calculations.
Amendment 323 #
Proposal for a regulation
Article 13 – paragraph 9
Article 13 – paragraph 9
9. The Commission shall adopt implementingdelegated acts in accordance with Article 176 laying down detailed rules on the verification of the output data ande, the related proof of compliance and penalty procedures. Those rules shall include provisions related to the evidence referred to in Article 10(5), and the communication rights associated with the use of primary data referred to in Article 10(4). .
Amendment 327 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The power to adopt delegated acts as referred to in Article 4(4), Article 4(5), Article 9(44(6), Article 9(4), Article 13(9) and Article 15(4) shall be conferred on the Commission for an undetermined period of time from [OP: Please insert a date: entry into force of this Regulation].
Amendment 329 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Article 4(4), Article 4(5), Article 9(44(6), Article 9(4), Article 13(9) and Article 15(4) 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 332 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. A delegated act adopted pursuant to Article 4(4), Article 4(5), Article 9(44(6), Article 9(4), Article 13(9) and Article 15(4) 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 345 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. It shall apply from [OP: Please insert a date: 424 months after the entry into force of this Regulation].
Amendment 347 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. However, Article 4(4), Article 4(5) and Article 4 (6), Article 7(4), Article 6(1), Article 8(1), Article 9(4), Article 11(6), Article 13(9) and Article 15(4) shall apply from the date of entry into force of this Regulation.
Amendment 349 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3 a. With regards to micro, small and medium-sized enterprises (SMEs) referred to in Commission Recommendation 2003/361/EC66a, Articles 4 to 9 and Article 12(1) shall apply [OP: Please insert a date: 60 months after the entry into force of this Regulation]. _________________ 66a Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).