27 Amendments of Elsi KATAINEN related to 2021/0211(COD)
Amendment 56 #
Proposal for a directive
Recital 15
Recital 15
(15) In 2013, the Commission adopted a strategy for progressively integrating maritime emissions into the Union's policy for reducing greenhouse gas emissions. As a first step in this approach, the Union established a system to monitor, report and verify emissions from maritime transport in Regulation (EU) 2015/757 of the European Parliament and of the Council47 , to be followed by the laying down of reduction targets for the maritime sector and the application of a market based measure. In line with the commitment of the co- legislators expressed in Directive (EU) 2018/410 of the European Parliament and of the Council48 , action by the International Maritime Organization (IMO) or the Union should start from 2023, including preparatory work on adoption and implementation of a measure ensuring that the sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement and due consideration being given by all stakeholders. When defining and implementing these actions, the EU should take due consideration the competitiveness of the maritime sector, the competitive position of EU ports as well as avoiding creating carbon and business leakage. __________________ 47Regulation (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). 48Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
Amendment 59 #
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement. EGiven the international character of shipping, efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, these measures will not be sufficient to achieve the objectives of the Paris Agreement by establishing a global market-based measure. The European Union should therefore further increase the pressure on the IMO in order to avoid carbon leakage, which would endanger our EU businesses due to unfair international competition vis-à-vis non- EU ports.
Amendment 62 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) A regional market-based measure such as the ETS could seriously jeopardise the reduction of total shipping emissions since evasive port calls at non- EU neighbouring ports could even increase overall emissions, in particular when evasion leads to longer voyages. To that end, the European Union should avoid possible evasive action and include the evasive call to/from a non-EU neighbouring port, including non-EU transhipment ports, as a call to an EU port when calculating the emissions falling under this Directive. The scope of voyages to be reported in the Regulation 2015/757 should include a requirement to report entire voyages involving these non- EU neighbouring ports. To this aim, the definition of port call applied in the EU ETS Directive and in Regulation 2015/757 should consider the risk of carbon and business leakage arising from the implementation of a regional market- based measure. Accordingly, the definition of port call should include stops in a transhipment port of a non-EU neighbouring country and must account for, and help prevent, vessels evading the EU ETS through evasive port calls on ports in countries neighbouring the EU. Furthermore, a new definition on neighbouring transhipment port should be integrated.
Amendment 69 #
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships 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 emissions from ships 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, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. Furthermore, in order to prevent carbon leakage due to reallocation of transhipment operation from EU port to transhipment port on non-EU neighbouring countries, the extension of the EU ETS to the maritime transport sector should thus include emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a non-EU neighbouring transhipment port and emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at non-EU neighbouring transhipment port. To ensure a smooth inclusion of the sector in the EU ETS, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. However, measures should be taken to ensure that the extension of the EU ETS to maritime transport affects Member States in a fair and not disproportionate manner, taking into account their specific circumstances, such as those related to their geographical situation, climate and weather. __________________ 49 Paris Agreement, Article 4(4).
Amendment 78 #
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the Commission should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 -regularly to the European Parliament and to the Council on progress in the IMO negotiations concerning a global market- based measure. In its report, the Commission should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those instruments in Union law through a revision of Directive 2003/87/EC. In its report, the Commission should include proposals as appropriate.
Amendment 82 #
Proposal for a directive
Recital 19
Recital 19
(19) The Commission should regularly exchange with all related port authorities, shipping companies and all related stakeholders and should review the functioning of Directive 2003/87/EC in relation to maritime transport activities in the light of experience of its application, including in relation to possible evasive practices, and should then propose measures to ensure its effectiveness.
Amendment 90 #
Proposal for a directive
Recital 24
Recital 24
(24) Based on experience from similar tasks related to environmental protection, the European Maritime Safety Agency (EMSA) or another relevant organisation should, as appropriate and in accordance with its mandate, assist the Commission and the administering authorities in respect of the implementation of Directive 2003/87/EC. Owing to its experience with the implementation of Regulation (EU) 2015/757 and its IT tools, EMSA cshould assist the administering authorities notably as regards the monitoring, reporting and verification of emissions generated by maritime activities under the scope of this Directive by facilitating the exchange of information or developing guidelines and criteria.
Amendment 92 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) To ensure that there is a level playing field for ships that navigate in ice conditions and other ships a specific method should be applied to take into account additional emissions related to navigation in ice conditions and additional emissions of ice-classed ships when sailing in open water, while ensuring that emissions trading through the ETS continues to drive down emissions in the maritime sector. To that end, relevant provisions on the transfer, surrender and cancellation of allowances under Directive 2003/87/EC should be amended accordingly.
Amendment 98 #
Proposal for a directive
Recital 32
Recital 32
(32) A comprehensive approach to innovation is essential for achieving the European Green Deal objectives. At EU level, the necessary research and innovation efforts are supported, among others, through Horizon Europe which include significant funding and new instruments for the sectors coming under the ETS. Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral, while the Commission should ensure the availability and efficiency of the necessary technical and advisory assistance.
Amendment 104 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels and the related infrastructure, such as hydrogen and ammonia that are produced from renewables, in shore-side electricity supply, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. __________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 233 #
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority, including information on port calls in neighbouring non-EU ports. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2 emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 248 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Directive 2003/87/EC
Article 3 – point v
Article 3 – point v
(v) ‘shipping company’ means 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, set out in Annex I to Regulation (EC) No 336/2006 of the European Parliament and of the Council(*); when the ultimate responsibility for the operation of the ship and the decisions affecting the CO2 emissions of the ship is assumed, by means of a contractual arrangement, by a different entity, this entity shall be directly responsible under this contractual agreement for assuming all the duties, responsibilities and compliance costs under this Directive. Operation of the ship for the purposes of this Article shall mean determining the cargo carried, the route or the speed of the ship.
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – paragraph 1
Article 3g – paragraph 1
1. The allocation of allowances and the application of surrender requirements in respect of maritime transport activities shall apply in respect of fifty percent (50 %) of the emissions fromthe following pattern: a) ships 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 or ships performing voyages departing from a port unoutsider the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State, with a stop on a neighbouring transhipment port outside the jurisdiction of a Member State, fifty: i) shall apply one hundred percent (50 100%) of the emissions from ships performing voyage departing from aor the segment of the voyage between the port outsiunder the jurisdiction of a Member State and arriving at athe neighbouring transhipment port unoutsider the jurisdiction of a Member State, one hundred percent (100 %) of emissions from and; ii) shall apply fifty percent (50%) for the rest of the voyage; b) ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port under the jurisdiction of a Member State andwith a stop on a neighbouring transhipment port outside the jurisdiction of a Member State, shall apply one hundred percent (100 %) of emissions fromor the whole voyage; c) ships at berth in a port under the jurisdiction of a Member State shall apply one hundred percent (100%) of emissions.
Amendment 304 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ga – paragraph 2
Article 3ga – paragraph 2
To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport for the years 2023, 2024 and 2025, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10. Member States shall provide at least 30% of the allowances free of charge in the new Emissions Trading System for shipping companies trading on deep-sea routes for those vessels carrying out at least 40% of transhipment operations in a call in a EU port, provided that ships operating in those routes do not develop alternative evasive routes and can demonstrate a high efficiency in accordance with a measurable environmental performance parameter. Those routes shall be incorporated in a list and reconsidered on an annual basis by the Commission.
Amendment 320 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1
Article 3ge – paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport in order to ensure a global approach. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate in order to align EU legislation with measures taken at international level.
Amendment 324 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 1a (new)
Article 3ge – paragraph 1a (new)
1a. By 2023, the Commission shall carry on a full and comprehensive impact assessment, based on real data and in close cooperation with the stakeholders, of the potential impacts and risk of these provisions on carbon leakage, evasion, delocation of calls and port business to ports outside the EU, connectivity of ports in Europe, competitiviness of the EU maritime sector resulting from the Fit for 55-packageand and where relevant on the modal shift. The Commission shall address the negative impacts identified by this assessment through revisions and amendments to Chapter II entitled “Aviation and Maritime Transport” and other provisionsrelevant to the maritime EU ETS. Alignment with a market-based measure developed in the IMO should be closely examined as a means to address potentialnegative impacts.
Amendment 329 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – paragraph 2
Article 3ge – paragraph 2
2. The Commission shall monitor and evaluate the implementation of this Chapter and possible trends as regards companies seeking to avoid, such as significant decrease of transhipment calls or traffic in EU ports, as regards companies seeking to avoid ports under the jurisdiction of a EU Member State being bound by the requirements of this Directive 1 year after its entry into force. If appropriate, the Commission shall propose measures to prevent such avoidance and review the provisions of this Directive in relation to maritime transport activities.;
Amendment 360 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10a – paragraph 8 – subparagraph 3
Article 10a – paragraph 8 – subparagraph 3
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund mayshall also support break- through innovative technologies and infrastructure to decarbonise the maritime sector, , where a substantial share of the EU ETS revenues generated by the maritime ETS shall be used to enable the decarbonisation of the sector and for the production of low- and zero-carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 382 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) each shipping company surrenders a number of allowances equal to its total emissions during the preceding calendar year, as verified in accordance with Article 3gc. Shipping companies may surrender fewer allowances on the basis of a ship’s ice class or navigation in ice or both in line with Annex Va.
Amendment 387 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point c
Article 1 – paragraph 1 – point 15 – point c
Directive 2003/87/EC
Article 12 – paragraph 3 – subparagraph 2
Article 12 – paragraph 3 – subparagraph 2
Member States, administering Member States and administering authorities in respect of a shipping company shall ensure that allowances surrendered in accordance with the first subparagraph are subsequently cancelled.; To the extent that fewer allowances are surrendered compared to the verified emissions from maritime transport, once the difference between verified emissions and allowances surrendered has been established in respect of each year, a corresponding quantity of allowances shall be cancelled rather than auctioned pursuant to Article 10
Amendment 393 #
Proposal for a directive
Article 1 – paragraph 1 – point 16
Article 1 – paragraph 1 – point 16
Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
Those implementing acts shall apply the sustainability and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001 of the European Parliament and of the Council(*), with any necessary adjustments for application under this Directive, for this biomass to be zero-rated. They shall specify how to account for storage of emissions from a mix of zero-rated sources and sources that are not zero-rated. They shall also specify how to account for emissions from renewable fuels of non- biological origin and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided. They shall also specify how to account for the well-to-tank emissions of renewable and low-carbon fuels”;
Amendment 460 #
Proposal for a directive
Article 3 – paragraph -1 a (new)
Article 3 – paragraph -1 a (new)
Regulation (EU) 2015/757
Article 3 – point b
Article 3 – point b
(-1 a) in Article 3, point (b) is replaced by the following: "(b) ‘port of call’ means the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, for the purpose of this regulation, stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops in a transhipment port of a non-EU neighbouring country and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02015R0757-20161216)Or. en
Amendment 461 #
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
Regulation (EU) 2015/757
Article 3 – points oa new, ob new, s new, t new, w new
Article 3 – points oa new, ob new, s new, t new, w new
(1a) in Article 3, the following points (oa), (ob), (s), (t) and (w) are added: (oa) 'navigating in ice conditions' means navigating of an ice-classed ship in a sea area within the ice edge. (ob) "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. (s) “neighbouring transhipment port” means a port located in a neighbouring country of the EU where the movement of one type of cargo to be transhipped exceeds 60 % of the total traffic of that port. It needs to be considered that cargo, container or goods are transhipped when they are unloaded from ship to the port for the sole purpose of loading them on another ship. Such ports shall be incorporated in a list and reconsidered on an annual basis by the Commission. (t) “deep sea routes” means those shipping routes connecting two or more continents and performed by regular services covering more than 3000km long where ships would carry out transhipment operations at any port in its route. Such routes shall be incorporated in a list and reconsidered on an annual basis by the Commission. (w) ”transhipment operation” means an operation in which any cargo, container or good is unloaded from a ship to the port for the sole purpose of loading it on another ship.
Amendment 462 #
Proposal for a directive
Article 3 – paragraph 1 – point 4 – point -a (new)
Article 3 – paragraph 1 – point 4 – point -a (new)
Regulation (EU) 2015/757
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 464 #
Proposal for a directive
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
Regulation (EU) 2015/757
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 468 #
Proposal for a directive
Article 3 – paragraph 1 – point 6 a (new)
Article 3 – paragraph 1 – point 6 a (new)
Regulation (EU) 2015/757
Article 10 – paragraph 1 – points ga new and l new
Article 10 – paragraph 1 – points ga new and l new
(6 a) in Article 10, first paragraph, the following points(ga) and (l) are inserted: "(ga) aggregated distance travelled separately for voyages between ports under a Member State's jurisdiction, for voyages departing from a port under a Member State's jurisdiction and for voyages arriving to a port under a Member State's jurisdiction, if the shipping company aims to surrender fewer emission allowances on that basis under Directive 2003/87/EC." "(l) ice-class and aggregated CO2 emissions when navigating in ice conditions separately for voyages between ports under a Member State's jurisdiction, for voyages departing from a port under a Member State's jurisdiction and for voyages arriving to a port under a Member State's jurisdiction and aggregated distance travelled when navigating in ice conditions separately for voyages between ports under a Member State's jurisdiction, for voyages departing from a port under a Member State's jurisdiction and for voyages arriving to a port under a Member State's jurisdiction when navigating in ice conditions, if the shipping company aims to surrender fewer emission allowances on that basis under Directive 2003/87/EC.”
Amendment 488 #
Proposal for a directive
Annex – point 4 a (new)
Annex – point 4 a (new)
Directive Directive 2003/87/EC
Annex V a (new)
Annex V a (new)