Activities of Jutta PAULUS related to 2021/0210(COD)
Plenary speeches (1)
Sustainable maritime fuels (FuelEU Maritime Initiative) - Deployment of alternative fuels infrastructure (debate)
Shadow reports (1)
REPORT 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
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 (388)
Amendment 86 #
Proposal for a regulation
Title
Title
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on energy efficiency and the use of renewable and low-carbon fuelenergy sources in maritime transport and amending Directive 2009/16/EC (Text with EEA relevance)
Amendment 87 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(292(1) thereof,
Amendment 89 #
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. CO2 emissions from maritime transport both at global and European level are expected to increase, unless further action is taken, respectively by 90 % to 130 % of 2008 emissions by 2050 and by 86 % compared with 1990 levels by 20501a. If current trends are continued, combined international emissions from shipping and aviation will likely consume between 60 and 220 % of allowable CO2 emissions by 2050 under the 1.5°C scenario1b. 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 competi, yet its environmental and climate impacts need to be tackled swiftly. All sectors of the economy must contribute to the swift reduction of GHG emissions towards net- zero GHG emissions by 2050 at the latest as enshrined in Regulation (EU) 2021/1119 of the European Parliament and of the Council. It is therefore essential for the Union to set an ambitious pathway for the swift ecological transition of the maritime sector, which would also contribute to maintaining and further promoting its global leadership and competitive advantage in the green technologies, services and solutions in the sector as 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, and a loss of connectivity for citizens and businesses ell as contributing to the health of citizens and decreasing the stress on marine ecosystems by reducing noise and pollution of air and water framework for achieving climate neutrality and amending Regulations (EC)No 401/2009 and (EU)2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p.1). __________________ 1a 4th IMO Study 1b UNEP Emission Gap Report, 2020
Amendment 99 #
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 integrateso ensure the tmarget of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordinglyitime sector achieves zero-emission by 2040, various complementary policy instruments are needed to motivate the use of sustainabsimultaneously improduced renewable and low-carbon fuels, included in the maritime transport sectorve the energy and operational efficiency of the sector and then to promote the swift uptake of sustainable renewable energy. The necessary changes, technology development and deployment has to happen by 2030 to prepare for much more rapid change thereafteras soon as possible to ensure the Union is on track to reach its 2030 climate and energy target as well as climate neutrality by 2040 at the latest. __________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
Amendment 100 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on energy efficiency and the use of renewable and low-carbon fuelenergy sources in maritime transport and amending Directive 2009/16/EC (Text with EEA relevance)
Amendment 101 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 103 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(292(1) thereof,
Amendment 104 #
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. CO2 emissions from maritime transport both at global and European level are expected to increase, unless further action is taken respectively by 90 % to 130 % of 2008 emissions by 2050 and by 86 % compared with 1990 levels by 20501a. 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, and a loss of connectivity for citizens and businesses , yet its environmental and climate impact needs to be tackled swiftly. All sectors of the economy must contribute to the swift reduction of GHG emissions towards net- zero GHG emissions by 2050 at the latest as enshrined in Regulation (EU) 2021/1119 of the European Parliament and of the Council. It is therefore essential for the Union to set an ambitious pathway for the swift ecological transition of the maritime sector, which would also contribute to maintaining and further promoting its global leadership and competitive advantage in the green technologies, services and solutions in the sector as well as contributing to the health of citizens and decreasing the stress on marine ecosystems by reducing noise and pollution of air and water framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU)2018/1999 (‘European Climate Law’)2a. _________________ 1a Fourth IMO GHG Study 2020, International Maritime Organization, London, 2021 2a OJ L 243, 9.7.2021, p. 1
Amendment 104 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) Methane is a powerful greenhouse gas, over 80 times more potent than CO2 over a 20-year period, making it the second most important greenhouse gas, contributing to about a quarter of the global warming experienced today. Additionally, it is a precursor to ground- level ozone (O3) which is an important pollutant. Pathways modelled by the 1.5°C Special Report of the Intergovernmental Panel on Climate Change (IPCC), the IPCC Sixth Assessment Report and the 2021 Global Methane Assessment of the UN Environment Programme (UNEP) that limit global warming to 1.5°C with no or limited overshoot involve deep reductions in methane emissions. Therefore, in order to adequately capture the short-term climate forcing effects of methane, and thus accurately account for the climate impact of the use of fossil liquefied natural gas in the shipping sector over the envisaged timeframe of implementation of this Regulation, the use of a Global Warming Potential (GWP) value of methane over a 20-year time horizon (GWP20) is considered more appropriate than over a 100-year time. Therefore the total GHG intensity of LNG should be calculated using GWP 20 value = 82.5, as defined in the report of Working Group 1 for the upcoming IPCC 6th Assessment Report.
Amendment 110 #
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. DTo avoid 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 111 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) The maritime sector is characterised by fierce international competition. 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 flag-neutral regulation such as this one, applying to every ship calling at an EU port regardless of its origin, owner, flag state or cargo, which is a precondition for attracting new investments and for safeguarding the competitiveness of European ports, shipowners and operators.
Amendment 115 #
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 integrateso ensure the tmarget 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 sectoritime sector achieves zero-emission by 2040, various complementary policy instruments are needed to first improve the energy and operational efficiency of the sector and then to promote the swift uptake of sustainable renewable energy. The necessary changes, technology development and deployment has to happen by 2030 to prepare for much more rapid change thereafteras soon as possible to ensure the Union is on track to reach its 2030 climate and energy target as well as climate neutrality by 2040 at the latest. _________________ 19 COM(2020) 563 final 20 COM(2020) 562 final
Amendment 116 #
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 thell 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 halfthe entirety of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of thethe entirety of the energy used by a ship performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, the entirety of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and the energy used at berth in a port under the jurisdiction of a Member State. Such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of this Regulation, including by increasing the positive impact on the environment of such framework. Simultaneously, such framework limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. In order to ensure smooth operation of maritime traffic, a level playing field among maritime transport operators and among ports, and avoid distortions in the internal market, all journeys arriving or departing from ports under jurisdiction of Member States, as well as the stay of ships in those ports should be covered by uniform rules contained in this Regulation.
Amendment 117 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Currently, the fuel mix in the maritime sector relies entirely on fossil fuels. By weight, almost 40% of maritime trade itself consists of fossil fuels. The almost exclusive reliance on fossil fuels and the slow implementation of energy efficiency and emission reduction measures in the sector constitutes a major risk to the climate and the sector’s ability to achieve zero-emissions any time soon. For this reason, no fossil fuels or gases should be incentivised nor accounted for the achievement of the targets set out by this Regulation. This also includes fossil LNG whose marginal or negative GHG benefits over existing marine fuels have been widely documented. In fact, the combination of CO2 and methane leakage/slippage over the whole fuel life- cycle, from production to combustion (well-to-wake analysis), can make natural gas/LNG more damaging than fossil marine diesel, depending on the ship engine. This is also why financial authorities such as the World Bank have already explicitly called on regulators to avoid any policy support to LNG in the maritime sector, including as a, so-called, transitional fuel, due to the risk of technology lock-ins, stranded assets and unnecessary capital expenditure it creates. Accordingly, LNG and any other fuel that does not meet at least the sustainability and GHG saving criteria for transport fuels set out in Directive (EU) 2018/2001 of the European Parliament and of the Council1ashould be considered to have the same emission factors as the least favourable fossil pathway for this type of fuel.
Amendment 119 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) Methane is a powerful greenhouse gas, over 80 times more potent than CO2 over a 20-year period, making it the second most important greenhouse gas, contributing to about a quarter of the global warming experienced today. Additionally, it is a precursor to ground- level ozone (O3) which is an important pollutant. Pathways modelled by the 1.5°C Special Report of the Intergovernmental Panel on Climate Change (IPCC), the IPCC Sixth Assessment Report and the 2021 Global Methane Assessment of the UN Environment Programme (UNEP) that limit global warming to 1.5°C with no or limited overshoot involve deep reductions in methane emissions. Therefore, in order to adequately capture the short-term climate forcing effects of methane, and thus accurately account for the climate impact of the use of fossil liquefied natural gas in the shipping sector over the envisaged timeframe of implementation of this Regulation, the use of a Global Warming Potential (GWP) value of methane over a 20-year time horizon (GWP20) is considered more appropriate than over a 100-year time. Therefore the total GHG intensity of LNG should be calculated using GWP 20 value = 82.5, as defined in the report of Working Group 1 for the upcoming IPCC 6th Assessment Report.
Amendment 120 #
Proposal for a regulation
Recital 3
Recital 3
(3) In the context of fuel transition to renewable and low carbonsustainable renewable 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. DTo avoid 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 121 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Damage to the environment caused by the production or use of a product is not priced into any economic balance sheet. Environmental, climate and health costs of transport are therefore not included in the prices of goods, which means that they are fully born by society. This violation of the polluter-pays principle should be remedied. It is therefore important that these externalities will be included in the prices. Given the price difference in e-fuels and conventional fuels, it is paramount to introduce incentives for operators to switch to sustainable fuels.
Amendment 124 #
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 thell 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 halfthe entirety of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of thethe entirety of the energy used by a ship performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, the entirety of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and the energy used at berth in a port under the jurisdiction of a Member State. Such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of this Regulation, including by increasing the positive impact on the environment of such framework. Simultaneously, such framework limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. In order to ensure smooth operation of maritime traffic, a level playing field among maritime transport operators and among ports, and avoid distortions in the internal market, all journeys arriving or departing from ports under jurisdiction of Member States, as well as the stay of ships in those ports should be covered by uniform rules contained in this Regulation.
Amendment 126 #
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, or government ships used for non-commercial purposes.
Amendment 129 #
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, or government ships used for non-commercial purposes.
Amendment 131 #
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, the time charterer or the bareboat charterer, that has assumed the responsibility for the commercial operation of the ship from the shipowner and is responsible for paying for fuel consumed by the ship, and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions affecting21. __________________ 21 This Amendment reflects the European Parliament position voted on Wednesday, 16 September 2020 on the greenhouse gas intensity of the energy used by the ship accountable for the compliance costs under this Regulation. This entity would normally be the entity that is responsible for the choice of fuel, route and speed of the ship. __________________ 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 maritimevision of the "MRV Regulation" (Regulation (EU) 2015/757) transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 133 #
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, the time charterer or the bareboat charterer, that has assumed the responsibility for the commercial operation of the ship from the shipowner and is responsible for paying for fuel consumed by the ship, and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company 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, route and 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 135 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to limit the administrative burden, in particular that of smaller operators, this Regulation should not apply to wooden ships of a primitive build and ships not propelled by mechanical means and focus on ships with a gross tonnage above 5 000. Even though these latter ships represent only approximately 55% of all ships calling at ports under the Regulation (EU) 2015/757 of the European Parliament and of the Council, they are responsible for 90% of the carbon dioxide (CO2) emissions from the maritime sectorexcept for fully wind- powered cargo ships and focus on ships with a gross tonnage above 400.
Amendment 135 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to limit the administrative burden, in particular that of smaller operators, this Regulation should not apply to wooden ships of a primitive build and ships not propelled by mechanical means and focus on ships with a gross tonnage above 5 000. Even though these latter ships represent only approximately 55% of all ships calling at ports under the Regulation (EU) 2015/757 of the European Parliament and of the Council, they are responsible for 90% of the carbon dioxide (CO2) emissions from the maritime sectorexcept for fully wind-powered cargo ships and focus on ships with a gross tonnage above 400.
Amendment 138 #
Proposal for a regulation
Recital 8
Recital 8
(8) The development and deployment of newsustainable renewable fuels and energy solutions requires a coordinated approach to match supply, demand and the provision of appropriate distribution infrastructure. While the current European regulatory framework already partly addresses fuel production with Directive (EU) 2018/2001 of the European Parliament and of the Council22 and distribution with Directive 2014/94/EU of the European Parliament and of the Council23 , there is also a need for a tool that establishes increasing levels of demand of renewable and low-carbon maritime fuels. maritime fuels and other renewable energy sources. _________________ 22 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2001, p. 82). 23 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).
Amendment 139 #
Proposal for a regulation
Recital 8
Recital 8
(8) The development and deployment of newsustainable renewable fuels and energy solutions requires a coordinated approach to match supply, demand and the provision of appropriate distribution infrastructure. While the current European regulatory framework already partly addresses fuel production with Directive (EU) 2018/2001 of the European Parliament and of the Council22 and distribution with Directive 2014/94/EU of the European Parliament and of the Council23 , there is also a need for a tool that establishes increasing levels of demand of renewable and low-carbon maritime fuelmaritime fuels and other renewable energy sources. __________________ 22 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2001, p. 82). 23 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).
Amendment 141 #
Proposal for a regulation
Recital 9
Recital 9
(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promotmay promote some improvements in energy and operational efficiency, they are not suited to bring about a significant uptake of operational and energy efficiency measures nor a shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to spur operational and energy efficiency measures as well as the deployment of renewable and low-carbon marintime fuels and substitute sources of energy, such as wind or electricity, is therefore necessary.
Amendment 143 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In line with the Energy Efficiency First principle and the Commission recommendation of 28 September 2021 entitled ‘on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond’, this Regulation takes an integrated approach by introducing targets for energy efficiency, so that minimal energy would be required for various maritime activities, in addition to promoting fuel switch to sustainable renewable. An emission reduction target per transport work will stimulate shipowners and commercial operators to implement available operational and energy efficiency measures, according to their needs, such as slow steaming, speed and planning optimisation, wind propulsion, anti-fouling coatings, electrification from renewable sources and energy storage, but also digitalisation and logistics optimisation. Equally important to correctly operationalise the energy efficiency first guidelines is to reward, hence incentivise, more energy efficient energy sources or propulsion technologies for energy used at sea and at berth to comply with the provisions in this Regulation.
Amendment 144 #
Proposal for a regulation
Recital 9
Recital 9
(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promotmay promote some improvements in energy and operational efficiency, they are not suited to bring about a significant uptake of operational and energy efficiency measures nor a shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to spur operational and energy efficiency measures as well as the deployment of renewable and low-carbon marintime fuels and substitute sources of energy, such as wind or renewable electricity, is therefore necessary.
Amendment 145 #
Proposal for a regulation
Recital 10
Recital 10
(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutralityenergy efficiency and sustainability first principles. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships, without prescribing the use of any particular fuel orhich should also ensure proper recognition of the energy efficiency and sustainability of any particular fuel or technology. Moreover, dedicated incentives are deemed appropriate to stimulate the upscale and uptake of renewable fuels of non-biological origin which are set to play a key role to decarbonise those shipping applications without a more energy efficient and sustainable renewable-based alternative, such as direct renewable-based electrification or renewable propulsion technologyies.
Amendment 146 #
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a highthe most sustainable renewable solutions with a high energy efficiency potential as well as the potential for innovation and growth to meet future needs of the hardest to abate maritime applications should be promoted with priority. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable renewable maritime fuels and renewable propulsion technologies in the short and long term to contribute to Union climate, energy and 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 147 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In line with the Energy Efficiency First principle and the Commission recommendation of 28 September 2021 entitled ‘on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond’, this Regulation takes an integrated approach by introducing targets for energy efficiency, so that minimal energy would be required for various maritime activities, in addition to promoting fuel switch to sustainable renewable. An emission reduction target per transport work will stimulate shipowners and commercial operators to implement available operational and energy efficiency measures, according to their needs, such as slow steaming, speed and planning optimisation, wind propulsion, anti-fouling coatings, electrification from renewable sources and energy storage, but also digitalisation and logistics optimisation. Equally important to correctly operationalise the energy efficiency first guidelines is to reward, hence incentivise, more energy efficient energy sources or propulsion technologies for energy used at sea and at berth to comply with the provisions in this Regulation.
Amendment 149 #
Proposal for a regulation
Recital 12
Recital 12
(12) Indirect land-use change occurs when the cultivation of crops for biofuels, bioliquids and biomass fuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high- carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels, bioliquids and biomass fuels, and the extent to which land with high- carbon stock is protected worldwide. The level of greenhouse gas emissions caused by indirect land-use change cannot be unequivocally determined with the level of precision required for the establishment of emission factors required by the application of this regulation. However, there is evidence that all fuels produced from feedstock cause indirect land-use change to various degrees. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels, bioliquids or biomass fuels – indirect land-use change poses risks to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. Accordingly, no feed and food crop-based fuels, including food and feed crops, intermediate crops, energy crops, as well as by-products already used in other sectors such as palm fatty acid distillates, animal fats category III, molasses, soapstock and derivatives should be promoted. Directive (EU) 2018/2001 already limits and sets a cap on the contribution of such biofuels, bioliquids and biomass to the GHG emissions savings targets in the road and rail transport sector considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns.
Amendment 152 #
Proposal for a regulation
Recital 10
Recital 10
(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutralityenergy efficiency and sustainability first principles. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships, without prescribing the use of any particular fuel orhich should also ensure proper recognition of the energy efficiency and sustainability of any particular fuel or technology. Moreover, dedicated incentives are deemed appropriate to stimulate the upscale and uptake of renewable fuels of non-biological origin which are set to play a key role to decarbonise those shipping applications without a more energy efficient and sustainable renewable-based alternative, such as direct renewable- based electrification or renewable propulsion technologyies.
Amendment 154 #
Proposal for a regulation
Recital 13
Recital 13
(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops- based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop- based fuels, intermediate crops, energy crops, palm fatty acid distillates, animal fats category III, molasses, soapstock and derivatives, under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanatly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuelsMoreover, many feedstocks listed in Annex IX of Directive (EU) 2018/2001 have important existing uses which impacts their availability for other sectors. For example, Palm Fatty Acid Distillate (PFAD) is a by-product of the palm oil refining process of high value in other industries, such as oleochemicals; animal fats category III are by-products from the animal slaughter process and are already being used for the manufacture of oleochemicals (e.g. soaps, cosmetics), pet food and animal feeds; and molasses are by-products from the processing of sugar cane and sugar beet into sugar and are already being used for animal feed and in the yeast sector. It is therefore appropriate to avoid the creation of a potentially large demand of crops-based biofuels, bioliquids and biomass fuels, based on food and feed crops, intermediate crops, energy crops, palm fatty acid distillates, animal fats category III, used cooking oil, molasses, soapstock and derivatives, by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels to be considered to have the same emission factors as the least favourable fossil pathway. This also applies to by-products with important existing uses such as PFAD, used cooking oil, animal fats cat III, and molasses.
Amendment 154 #
Proposal for a regulation
Recital 11
Recital 11
(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a highthe most sustainable renewable solutions and propulsion technologies with a high energy efficiency potential as well as the potential for innovation and growth to meet future the needs of the hardest to abate maritime applications should be promoted with priority. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable renewable maritime fuels and renewable propulsion technologies in the short and long term to contribute to Union climate, energy and 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 158 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) OLAF yearly investigations1a show concerning numbers of illegal input of biodiesel from the world market into the EU which are falsely described as having been obtained from used cooking oil (UCO). UCOs are currently used as feedstock for biofuels in the road sector and they are also expected to play an important role in the aviation sector. Especially since a distinction of UCO from virgin plant oils is hardly possible, it is appropriate to avoid the creation of a potentially large demand of UCO in the maritime sector, whereby its international nature would make enforcement and control of biofuels standards even more difficult than for imported biofuels. For this reason used cooking oil based biofuels should be considered to have the same emission factors as the least favourable fossil pathway. _________________ 1a The OLAF report 2020, p 26, Luxembourg 2021, https://ec.europa.eu/anti- fraud/system/files/2021- 12/olaf_report_2020_en.pdf
Amendment 160 #
Proposal for a regulation
Recital 14
Recital 14
(14) The long lead times associated to the development and deployment of new renewable fuels and energy solutions for maritime transport, as well as the long average lifespan of ships ranging between 25 and 30 years, 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 clearThe accelerating climate crisis increases the importance of measures taken in the sector today. A clear, ambitious and stable long-term regulatory framework will facilitate the development and deployment of renew fuels andable 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 until reaching zero emissions by 20540. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels.
Amendment 161 #
Proposal for a regulation
Recital 12
Recital 12
(12) Indirect land-use change occurs when the cultivation of crops for biofuels, bioliquids and biomass fuels displaces traditional production of crops for food and feed purposes. Such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock, such as forests, wetlands and peatland, causing additional greenhouse gas emissions and loss of biodiversity. Research has shown that the scale of the effect depends on a variety of factors, including the type of feedstock used for fuel production, the level of additional demand for feedstock triggered by the use of biofuels, bioliquids and biomass fuels, and the extent to which land with high-carbon stock is protected worldwide. The level of greenhouse gas emissions caused by indirect land-use change cannot be unequivocally determined with the level of precision required for the establishment of emission factors required by the application of this regulation. However, there is evidence that all fuels produced from feedstock cause indirect land-use change to various degrees. In addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels, bioliquids or biomass fuels – indirect land-use change poses risks to biodiversity. This risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. Accordingly, no feed and food crop-based fuels, including food and feed crops, intermediate crops, energy crops, as well as by-products already used in other sectors such as palm fatty acid distillates, animal fats category III, molasses, soapstock and derivatives should be promoted. Directive (EU) 2018/2001 already limits and sets a cap on the contribution of such biofuels, bioliquids and biomass to the GHG emissions savings targets in the road and rail transport sector considering their lower environmental benefits, lower performance in terms of greenhouse reduction potential and broader sustainability concerns.
Amendment 163 #
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. The use of substitute sources of energy, such as wind, solar or electricity both on board and at berth, should also be reflected in the methodology.
Amendment 164 #
Proposal for a regulation
Recital 13
Recital 13
(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops- based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop- based fuels, intermediate crops, energy crops, palm fatty acid distillates, animal fats category III, molasses, soapstock and derivatives, under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuelsMoreover, many feedstocks listed in Annex IX of Directive (EU) 2018/2001 have important existing uses, which impacts their availability for other sectors. For example, Palm Fatty Acid Distillate (PFAD) is a by-product of the palm oil refining process of high value in other industries, such as oleo chemicals; animal fats category III are by-products from the animal slaughter process and are already being used for the manufacture of oleo chemicals (e.g. soaps, cosmetics), pet food and animal feeds; and molasses are by- products from the processing of sugar cane and sugar beet into sugar and are already being used for animal feed and in the yeast sector. It is therefore appropriate to avoid the creation of a potentially large demand of crops-based biofuels, bioliquids and biomass fuels, based on food and feed crops, intermediate crops, energy crops, palm fatty acid distillates, animal fats category III, used cooking oil, molasses, soapstock and derivatives, by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels to be considered to have the same emission factors as the least favourable fossil pathway. This also applies to by-products with important existing uses such as PFAD, used cooking oil, animal fats cat III, and molasses.
Amendment 167 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) OLAF yearly investigations13a show concerning numbers of illegal input of biodiesel from the world market into the EU, which are falsely described as having been obtained from used cooking oil (UCO). UCO is currently used as feedstock for biofuels in the road sector and they are also expected to play an important role in the aviation sector. Especially since a distinction of UCO from virgin plant oils is hardly possible, it is appropriate to avoid the creation of a potentially large demand of UCO in the maritime sector, whereby its international nature would make enforcement and control of biofuels standards even more difficult than for imported biofuels. For this reason used cooking oil based biofuels should be considered to have the same emission factors as the least favourable fossil pathway. __________________ 13a The OLAF report 2020, p 26 https://ec.europa.eu/anti- fraud/system/files/2021- 12/olaf_report_2020_en.pdf
Amendment 168 #
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 ofFossil fuels, including fossil fuelsgas, should however only be assessed through the use of default emission factors as provided for by this Regulation.
Amendment 169 #
Proposal for a regulation
Recital 18
Recital 18
(18) A comprehensive approach on all the most relevant GHG emissions (CO2, CH4 and N2O), including the climate impact of black carbon emissions, is necessary to promote the use of energy sources providing a lower GHG footprint overall. In order to reflect the global warming potential of methane and, nitrous oxides, and black carbon, the reference value and the limits set by this Regulation should therefore be expressed in terms of ‘CO2 equivalent’. The reference value should be published by the European Commission no later than December 2022 and should correspond to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 determined on the basis of data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I and Annex II to this Regulation.
Amendment 170 #
Proposal for a regulation
Recital 14
Recital 14
(14) The long lead times associated to the development and deployment of new renewable fuels and energy solutions for maritime transport, as well as the long average lifespan of ships ranging between 25 and 30 years, 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 clearThe accelerating climate crisis increases the importance of measures taken in the sector today. A clear, ambitious and stable long-term regulatory framework will facilitate the development and deployment of renew fuels andable 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 until reaching zero emissions by 20540. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuelfuels. Future reviews of this regulation should take the present regulation as a baseline to build on and incorporate - as a minimum - all the environmental ambitions of the requirements.
Amendment 171 #
Proposal for a regulation
Recital 19
Recital 19
(19) The use of renewable energy sources and alternative propulsion, such as wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy use. The difficultySolutions to accurately measure and quantify these energy sources (intermittence of the energy use, direct transfer as propulsion, etc.) should not impede their recognition such as on board sensors and software for assessing route conditions are becoming increasingly available. Therefore, the contribution of renewable energy sources and alternative propulsion to the overall ship’s energy balance should be recorded and accounted as accurately as possible by using the overall ship energy use through means of approximations of their contribution to the ship’s energy balancebest means of measuring available to date or, when that is proven not technically possible, through the best available approximations. For instance, the MEPC.1/Circ.896 from the International Maritime Organization (IMO) provides guidance on the treatment of innovative energy efficiency technology, including for estimating energy from wind assist propulsion.
Amendment 172 #
Proposal for a regulation
Recital 20
Recital 20
(20) Air pollution produced by ships (sulphur oxides, nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities, with an estimated impact of over 50 000 deaths per year in the Union. Therefore, specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their internal combustion engines during their stay in port. According to the data collected within the framework of Regulation (EU) 2015/757 in 2018, passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. Accordingly, emissions from these categories of ships should be addressed as a priority, followed soon after by measures and targets addressing emissions for all remaining ships in order to improve air quality in coastal areas and port cities.
Amendment 173 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Since it is the second largest contributor to climate warming caused by ships, measures to reduce black carbon should be included in this Regulation in order to tackle both air pollution and climate change as soon as possible. Setting stringent GHG intensity limits and an operational energy efficiency target will help reduce both CO2 and black carbon emissions. However as those targets will require some time to be implemented, additional measures are required to tackle with priority the release of black carbon close or near the Arctic. Therefore, all ships covered by this Regulation which sail through the Arctic should be required to use only distillates or renewable fuels or zero-emissions methods of propulsion.
Amendment 176 #
Proposal for a regulation
Recital 21
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships at berth as well as reducesing the amount of GHG emissions generated by maritime transport at berth. OPS represents an increasingly cleanuseful power supply available to ships at berth, in view ofwhich will be as decarbonised as the gprowingportion of the renewables energy 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 shipsall ships covered by this Regulation.
Amendment 177 #
Proposal for a regulation
Recital 22
Recital 22
(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports, such as renewable installation on board, batteries and batteries swaps. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS in terms of air pollution and GHG emissions reduction, a ship should be exempted from its use of OPS.
Amendment 177 #
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. The use of substitute sources of energy, such as wind, solar or electricity both on board and at berth, should also be reflected in the methodology.
Amendment 180 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 181 #
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 ofFossil fuels, including fossil fuelsgas, should however only be assessed through the use of default emission factors as provided for by this Regulation.
Amendment 182 #
Proposal for a regulation
Recital 18
Recital 18
(18) A comprehensive approach on all the most relevant GHG emissions (CO2, CH4 and N2O), including the climate impact of black carbon (BC) emissions, is necessary to promote the use of energy sources providing a lower GHG footprint overall. In order to reflect the global warming potential of methane and, nitrous oxides, and black carbon, the reference value and the limits set by this Regulation should therefore be expressed in terms of ‘CO2 equivalent’. The reference value should be published by the European Commission no later than December 2022 and should correspond to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 determined on the basis of data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I and Annex II to this Regulation.
Amendment 186 #
Proposal for a regulation
Recital 25
Recital 25
(25) A robust and transparent monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non- discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and mari, maritime and administratimve authorities.
Amendment 187 #
Proposal for a regulation
Recital 19
Recital 19
(19) The use of renewable energy sources and alternative propulsion, such as wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy use. The difficultySolutions to accurately measure and quantify these energy sources (intermittence of the energy use, direct transfer as propulsion, etc.) should not impede their recognition such as on board sensors and software for assessing route conditions are becoming increasingly available. Therefore, the contribution of renewable energy sources and alternative propulsion to the overall ship’s energy balance should be recorded and accounted as accurately as possible by using the overall ship energy use through means of approximations of their contribution to the ship’s energy balance. best means of measuring available to date or, when that is proven not technically possible, through the best available approximations. For instance, the IMO MEPC.1/Circ.896 provides guidance on the treatment of innovative energy efficiency technology, including for estimating energy from wind assisted propulsion.
Amendment 188 #
Proposal for a regulation
Recital 26
Recital 26
(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board or presence, technical specification of wind assisting technologies or any alternative source of energy present onboard, including the accounting of the energy they provide, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier.
Amendment 189 #
Proposal for a regulation
Recital 27
Recital 27
(27) Certification of fuels is essential to achieve the objectives of this Regulation and guarantee the environmental integrity of the renewable and low-carbon fuels that are expected to be deployed in the maritime sector. Such certification should be undertaken by means of a transparent and non- discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, and renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to- tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake).
Amendment 189 #
Proposal for a regulation
Recital 20
Recital 20
(20) Air pollution produced by ships (sulphur oxides, nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities, with an estimated impact of over 50 000 deaths per year in the Union20a. Therefore, specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their internal combustion engines during their stay in port. According to the data collected within the framework of Regulation (EU) 2015/757 in 2018, passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. Accordingly, emissions from these categories of ships should be addressed as a priority. Passenger ships, containerships, general cargo ships, bulk cargo carriers and oil tankers represent the most common ships currently in service. Emissions from these categories of ships should be addressed as a priority, followed soon after by measures and targets addressing emissions for all remaining ships in order to improve air quality in coastal areas and port cities. __________________ 20a Brandt, J., Silver, J. D., and Frohn, L. M., ‘Assessment of Health-Cost Externalities of Air Pollution at the National Level using the EVA Model System. CEEH Scientific Report No 3’, 2011.
Amendment 190 #
Proposal for a regulation
Recital 29
Recital 29
(29) Based on the data and information monitored and reported by companies, the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit, including any compliance surplus or deficit, as well as the respect of the requirements to use on-shore power supply at berth and to use distillates or sustainable renewable alternatives or zero-emission technologies on journeys in or near the Arctic. The verifier shall also separately aggregate on an annual basis each type of fuel or energy consumed at berth and at sea, including for each substitute source of energy consumed such as electricity, wind or solar energy. The verifier should notify and transmit this information to the company concerned. Where the verifier is the same entity as the verifier for the purpose of Regulation (EU) 2015/757, such notification could be done together with the verification report under that Regulation. Such information should be then reported by the company concerned to the Commission.
Amendment 191 #
Proposal for a regulation
Recital 30
Recital 30
(30) The Commission should establish and ensure the functioning of an centrally managed electronic database thatfor registersing the performance of each ship and ensuresing its compliance with thise various provisions of this Regulation, as well as for collecting data on energy uses, penalties, flexibilities, exemptions and any other relevant information related to the Regulation. In order to facilitate reporting and limit administrative burden to companies, verifiers and other users, this electronic database should build upon the existing THETIS-MRV module and take into account the possibility to reuse information and data collected for the purpose of Regulation (EU) 2015/757. To enhance transparency while reducing the administrative burden for shipowners and operators, verifiers should aggregate at individual ship level the compliance data reported by shipowners and operators. The data entered in the database should be comparable and be made publicly available in an open format in order to allow the general public and, in particular, the civil society and the scientific community to track the ecological transition of the maritime sector.
Amendment 191 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
Amendment 192 #
Proposal for a regulation
Recital 21
Recital 21
(21) The use of on-shore power supply (OPS) abates air pollution produced by ships at berth as well as reducesing the amount of GHG emissions generated by maritime transport at berth. OPS represents an increasingly cleanuseful power supply available to ships at berth, in view ofwhich will be as decarbonised as the gprowingportion of the renewables energy share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (ARegulation 2022/XXX (Regulation of the European Parliament and of the Council on the deployment of alternative Ffuels Iinfrastructure Directive –, and repealing Directive 2014/94/EU of the European Parliament and of the Council - AFIDR), 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 shipsall ships covered by this Regulation.
Amendment 194 #
Proposal for a regulation
Recital 31
Recital 31
(31) Compliance with this Regulation would depend on elements that could be beyond control of the company, such as issues related to fuel availability or fuel quality. Therefore, companies should be allowed the flexibility of rolling-over a compliance surplus generated by renewable-based propulsion and renewable fuels or gases from one year to another or borrowing an advance compliance surplus, within certain limits, from the following year. The use of OPS at berth, being of high importance for local air quality in port cities and coastal areas should not be eligible for similar flexibility provisions.
Amendment 195 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to avoid technology lock-in and continue supporting the deployment of most performantenergy efficient and sustainable renewable energy solutions, companies should be allowed to pool the performances of different shipships powered by zero- emission fuels or zero- emission technologies and use the possible over-performance of one ship to compensate for the under-performance of another ship. This creates a possibility to reward overcompliance and incentivatises investment in more advanced technologies. The possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies.
Amendment 196 #
Proposal for a regulation
Recital 33
Recital 33
(33) A document of compliance (‘FuelEU certificate of compliance’) issued by a verifier following the procedures established by this Regulation, should be kept on board ships as evidence of compliance with the limits on the greenhouse gas intensity of the energy used on-board by a ship, and with the requirements on the use of OPS at berth. Verifiers should inform the Commission of the issuance of such documenRFNBOs, on the use of OPS at berth, and on the use of distillates or other sustainable renewable fuels during journeys through the Arctic. Verifiers should inform the Commission of the issuance of such documents. Port authorities should check the certificates of all ships falling under the scope of this regulation that call at their ports.
Amendment 196 #
Proposal for a regulation
Recital 22
Recital 22
(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports, such as renewable installation on board, batteries and batteries swaps. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS, a ship should be exempted from its use of OPS. in terms of air pollution and GHG emissions reduction, a ship should be exempted from its use of OPS. Local authorities should be able to restrict the use of permitted onshore power supply technologies due to air pollution control reasons
Amendment 197 #
Proposal for a regulation
Recital 35
Recital 35
(35) Without prejudice to the possibility of complying through the flexibility and pooling provisions, the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. The penalty should be proportionate to the extent of the non- compliance and remove any economic advantage of non-compliance, thus preserving a level playing field in the sector. It should be based ondouble the amount and cost of renewable and low-carbon fuel that the ships should have used to meet the requirements of the Regulation.
Amendment 198 #
Proposal for a regulation
Recital 36
Recital 36
(36) The penalty imposed for each non- compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the most recent EU average electricity price for non-household consumers at the moment the penalty is imposed multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.
Amendment 199 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
Amendment 200 #
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 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. ecological just transition of the maritime sector by means of the rapid improvement of energy and operational efficiency of ships, including in short sea shipping and ports, the deployment of zero-emission propulsion technologies and the uptake of sustainable use of renewable energy, including wind, and in doing so helping maritime operators to meet their climate and environmental goals. In parallel, revenues should also be used to support the training, re- and up- skilling of workers along the entire value chain of the maritime sector, including shipyards, in order to equip them with environmentally friendly skills and technologies needed for the transition. Trainings for maritime navigators and captains, in particular, should also focus on the benefits and efficiency gains of slow steaming, route optimisation and cargo logistics as well as raising awareness of marine ecosystems and of the problem of marine litter. 20% of the yearly revenue generated from the payment of penalties shall be used to contribute to the protection, restoration and better management of marine ecosystems. For this purpose these revenues should be allocated to the Ocean Fund. In any case, at least 20% of the yearly revenues generated from the payment of the penalties shall be used to contribute to the protection, restoration and better management of marine ecosystems.
Amendment 200 #
Proposal for a regulation
Recital 24
Recital 24
Amendment 203 #
Proposal for a regulation
Recital 39
Recital 39
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, calculation of the amounts of penalties 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 and the administering authority 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 205 #
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 complementing the requirements related to the energy and operational efficiency target, of defining or updating standards for measuring and accounting substitute sources of energy, of amendment of the list of well-to- wake emission factors, calculation of CO2- equivalent emissions, including for black carbon, 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 or the measuring of their contribution to the ships' energy balance, to define the monitoring plans template, adaptation of the penalty factor and formulas, accreditation of verifiers, adaptation of the penalty factor, 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 25
Recital 25
(25) A robust and transparent monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non- discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and mari, maritime and administratimve authorities.
Amendment 209 #
Proposal for a regulation
Recital 26
Recital 26
(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board or presence, technical specification of wind assisting technologies or any alternative source of energy present on board, including the accounting of the energy they provide, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier.
Amendment 210 #
Proposal for a regulation
Recital 43
Recital 43
(43) The uptake of renewable and low- carbon fuels and substitute sources of energy by ships arriving at, within or departing from ports under the jurisdiction of a Member State across the Union, is not an objective that can be sufficiently achieved by the Member States without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. This objective can be better achieved by introducing uniform rules at Union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 210 #
Proposal for a regulation
Recital 27
Recital 27
(27) Certification of fuels is essential to achieve the objectives of this Regulation and guarantee the environmental integrity of the renewable and low-carbon fuels that are expected to be deployed in the maritime sector. Such certification should be undertaken by means of a transparent and non- discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, and renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to- tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake).
Amendment 214 #
Proposal for a regulation
Recital 29
Recital 29
(29) Based on the data and information monitored and reported by companies, the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit, including any compliance surplus or deficit, as well as the respect of the requirements to use on-shore power supply at berth and to use distillates or sustainable renewable alternatives or zero-emission technologies on journeys in or near the Arctic. The verifier shall also separately aggregate on an annual basis each type of fuel or energy consumed at berth and at sea, including for each substitute source of energy consumed such as electricity, wind or solar energy. The verifier should notify and transmit this information to the company concerned. Where the verifier is the same entity as the verifier for the purpose of Regulation (EU) 2015/757, such notification could be done together with the verification report under that Regulation. Such information should be then reported by the company concerned to the Commission.
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point -a (new)
Article 1 – paragraph 1 – point -a (new)
(-a) the reduction of the greenhouse gas (‘GHG’) emissions per transport work as an average across the ship fleet operated by the same company arriving at, staying within or departing from ports under the jurisdiction of a Member State;
Amendment 216 #
Proposal for a regulation
Recital 30
Recital 30
(30) The Commission should establish and ensure the functioning of an centrally managed electronic database thatfor registersing the performance of each ship and ensuresing its compliance with thise various provisions of this Regulation, as well as for collecting data on energy uses, penalties, flexibilities, exemptions and any other relevant information related to the Regulation. In order to facilitate reporting and limit administrative burden to companies, verifiers and other users, this electronic database should build upon the existing THETIS-MRV module and take into account the possibility to reuse information and data collected for the purpose of Regulation (EU) 2015/757. To enhance transparency while reducing the administrative burden for shipowners and operators, verifiers should aggregate at individual ship level the compliance data reported by shipowners and operators. The data entered in the database should be comparable and be made publicly available in an open format in order to allow the general public and, in particular, the civil society and the scientific community to track the ecological transition of the maritime sector
Amendment 217 #
Proposal for a regulation
Recital 31
Recital 31
(31) Compliance with this Regulation would depend on elements that could be beyond control of the company, such as issues related to fuel availability or fuel quality. Therefore, companies should be allowed the flexibility of rolling-over a compliance surplus generated by renewable-based propulsion and renewable fuels or gases from one year to another or borrowing an advance compliance surplus, within certain limits, from the following year. The use of OPS at berth, being of high importance for local air quality in port cities and coastal areas should not be eligible for similar flexibility provisions.
Amendment 218 #
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 used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and;
Amendment 219 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) the obligation to use a share of renewable fuels of non-biological origin by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State;
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 1 – point a b (new)
Article 1 – paragraph 1 – point a b (new)
(ab) the obligation to use distillates, sustainable renewable fuels or zero- emission technologies for the energy used by ships navigating through the Arctic and arriving at, staying within or departing from ports under the jurisdiction of a Member State;
Amendment 220 #
Proposal for a regulation
Recital 32
Recital 32
(32) In order to avoid technology lock-in and continue supporting the deployment of most performantenergy efficient and sustainable renewable energy solutions, companies should be allowed to pool the performances of different shipships powered by zero- emission fuels or zero-emission technologies and use the possible over- performance of one ship to compensate for the under-performance of another ship. This creates a possibility to reward overcompliance and incentivatises investment in more advanced technologies. The possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies.
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
in order to increase consistent use of renewable and low-carbon fuels and substitute sources of energy across the Unionentivise more energy efficient shipping operations and to increase consistent use of sustainable renewable energy and substitute sources of energy in replacement to fossil fuels across the Union and to achieve zero emissions in the maritime sector by 2040, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.
Amendment 221 #
Proposal for a regulation
Recital 33
Recital 33
(33) A document of compliance (‘FuelEU certificate of compliance’) issued by a verifier following the procedures established by this Regulation, should be kept on board ships as evidence of compliance with the limits on the greenhouse gas intensity of the energy used on-board by a ship, and with the requirements on the use of OPS at berth. Verifiers should inform the Commission of the issuance of such documenRFNBOs, on the use of OPS at berth, and on the use of distillates or other sustainable renewable fuels during journeys through the Arctic. Verifiers should inform the Commission of the issuance of such documents. Port authorities should check the certificates of all ships falling under the scope of this regulation that call at their ports.
Amendment 223 #
Proposal for a regulation
Recital 35
Recital 35
(35) Without prejudice to the possibility of complying through the flexibility and pooling provisions, the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. The penalty should be proportionate to the extent of the non- compliance and remove any economic advantage of non-compliance, thus preserving a level playing field in the sector. It should be based ondouble the amount and cost of renewable and low-carbon fuel that the ships should have used to meet the requirements of the Regulation.
Amendment 224 #
Proposal for a regulation
Recital 36
Recital 36
(36) The penalty imposed for each non- compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the most recent EU average electricity price for non-household consumers at the moment the penalty is imposed multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.
Amendment 226 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
Amendment 227 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to all ships above a gross tonnage of 50400, regardless of their flag in respect to:
Amendment 227 #
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 in the maritimecological just transition of the maritime sector by means of the rapid improvement of energy and operational efficiency of ships, including in short sea shipping and ports, the deployment of zero-emission propulsion technologies and the uptake of sustainable usector and of renewable energy, including wind. The revenues would thus help maritime operators to meet their climate and environmental goals. FIn parallel, revenues should also be used to support this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. e training, re- and up-skilling of workers along the entire value chain of the maritime sector, including shipyards, in order to equip them with environmentally friendly skills and technologies needed for the transition. Trainings for maritime navigators and captains, in particular, should also focus on the benefits and efficiency gains of slow steaming, route optimisation and cargo logistics as well as raising awareness of marine ecosystems and of the problem of marine litter. 20% of the yearly revenue generated from the payment of penalties shall be used to contribute to the protection, restoration and better management of marine ecosystems. For this purpose these revenues should be allocated to the Ocean Fund referred to in Directive 2003/87/EC. In any case, at least 20% of the yearly revenues generated from the payment of the penalties shall be used to contribute to the protection, restoration and better management of marine ecosystems.
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a halfthe entirety of the energy used on voyages departing from or arriving to a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country.
Amendment 236 #
Proposal for a regulation
Recital 39
Recital 39
(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, calculation of the amounts of penalties 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 and the administering authority 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 237 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) the entirety of the energy used on board for voyages though the Arctic that are departing from or arriving at 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 238 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
This Regulation does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, or ships not propelled by mechanical means, or government ships used for non-commercial purpose except for fully wind-powered cargo ships.
Amendment 238 #
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 complementing the requirements related to the energy and operational efficiency target, of defining or updating standards for measuring and accounting substitute sources of energy, of amendment of the list of well-to- wake emission factors, calculation of CO2- equivalent emissions, including for black carbon, 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 or the measuring of their contribution to the ships' energy balance, to define the monitoring plans template, adaptation of the penalty factor and formulas, accreditation of verifiers, adaptation of the penalty factor, 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 240 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘greenhouse gas emissions’ means the release of carbon dioxide (CO2), methane (CH4) and nitrous oxides (N2O) into the atmosphere and the direct radiative forcing of black carbon (BC) emissions;
Amendment 241 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘food and feed crops’ means food and feed crops as defined in Article 2, point (40), of Directive (EU) 2018/2001 and intermediate crops, energy crops, palm fatty acid distillates, animal fats category III, molasses, soap stock and derivatives;
Amendment 244 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘zero-emission technology ’ means a technology fulfilling the requirements of Annex III that does not imply the tailpipe release of the following greenhouse gases and air pollutants into the atmosphere by ships: carbon dioxide (CO2), black carbon (BC), methane (CH4), nitrous oxides (N2O), sulphur oxides (SOx), nitrogen oxides (NOx) and particulate matter (PM);
Amendment 244 #
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 coordinated relevant submissions should be made to the IMO promoting the global adoption of measures contained in this Regulation. 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 245 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘port of call’ means a port of call as defined in Article 3, poin (b) of Regulation (EU) 2015/757; the port where a ship stops to load or unload a substantial part of its cargo or to embark or disembark passengers; consequently, 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, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 247 #
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) 2015/757the shipowner or any other organisation or person such as the manager; the time charterer or the bareboat charterer, which has assumed the responsibility for the commercial operation of the ship from the shipowner and is responsible for paying for fuel consumed by the ship;
Amendment 251 #
Proposal for a regulation
Recital 43
Recital 43
(43) The uptake of renewable and low- carbon fuels and substitute sources of energy by ships arriving at, within or departing from ports under the jurisdiction of a Member State across the Union, is not an objective that can be sufficiently achieved by the Member States without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. This objective can be better achieved by introducing uniform rules at Union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
Amendment 258 #
Proposal for a regulation
Article 3 – paragraph 1 – point x a (new)
Article 3 – paragraph 1 – point x a (new)
(xa) ‘non-compliant Arctic voyage’ means a ship voyage that does not comply with the requirements set out in Article 5a;
Amendment 259 #
Proposal for a regulation
Article 3 – paragraph 1 – point y
Article 3 – paragraph 1 – point y
(y) ‘least favourable pathway’ means the most carbonGHG-intensive production pathway used for any given fuel;
Amendment 259 #
Proposal for a regulation
Article 1 – paragraph 1 – point -a (new)
Article 1 – paragraph 1 – point -a (new)
(-a) the reduction of the greenhouse gas (‘GHG’) emissions per transport work as an average across the ship fleet operated by the same company arriving at, staying within or departing from ports under the jurisdiction of a Member State;
Amendment 260 #
Proposal for a regulation
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
(z) ‘CO2 equivalent’ means the metric measure used to compute the emissions from CO2, BC,CH4 and N2O on the basis of their global-warming potential, by converting amounts of BC, CH4 and N2O to the equivalent amount of carbon dioxide with the same global warming potential (GWP) using GWP 20 figures;
Amendment 260 #
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 used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and;
Amendment 261 #
Proposal for a regulation
Article 3 – paragraph 1 – point ee a (new)
Article 3 – paragraph 1 – point ee a (new)
(eea) 'administering authority in respect of a shipping company' means: (i) in the case of a company registered in a Member State, the Member State in which the company is registered; (ii) in the case of a company that is not registered in a Member State, the Member State with the greatest estimated number of port calls from voyages performed by that company in the last two monitoring years and falling within the scope set out in Article 2; (iii) in the case of a company that is not registered in a Member State and that did not carry out any voyage falling within the scope set out in Article 2 in the preceding two monitoring years, the administering authority means the Member State from where the company has started its first voyage falling within the scope set out in Article 2.
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) the obligation to use a share of renewable fuels of non-biological origin by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State;
Amendment 262 #
Proposal for a regulation
Article 1 – paragraph 1 – point a b (new)
Article 1 – paragraph 1 – point a b (new)
(ab) the obligation to use distillates, sustainable renewable fuels or zero- emission technologies for the energy used by ships navigating through the Arctic and arriving at, staying within or departing from ports under the jurisdiction of a Member State;
Amendment 263 #
Proposal for a regulation
Article 3 – paragraph 1 – point ee b (new)
Article 3 – paragraph 1 – point ee b (new)
(eeb) ‘Arctic’ means all marine waters of the geographical area including all of Alaska, Canada North of 60°N, together with northern Quebec and Labrador, all of Greenland, the Faroe Islands, and Iceland, and the northernmost counties of Norway, Sweden and Finland, and in Russia the Murmansk Oblast, the Nenets, Yamalo-Nenets, Taimyr, and Chukotka autonomous krugs, Vorkuta City in the Komi Republic, Norilsk and Igsrka in Krasnoyarsky Kray, and those parts of the Sakha Republic whose boundaries lie closest to the Arctic Circle1eeb. _________________ 1eeb An integrated European Union policy for the Arctic, JOIN/2016/021 final.
Amendment 263 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
in order to increase consistent use of renewable and low-carbon fuels and substitute sources of energy across the Union,entivise more energy efficient shipping operations and to increase consistent use of sustainable renewable energy and substitute sources of energy in replacement to fossil fuels across the Union and to achieve zero emissions in the maritime sector by 2050, in line with the Union’s objective of climate neutrality at the latest by 2050 and the goals of the Paris Agreement while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.
Amendment 265 #
Proposal for a regulation
Chapter II – title
Chapter II – title
II REQUIREMENTS ON ENERGY USEDS ON-BOARD BY SHIPS
Amendment 266 #
Proposal for a regulation
Article -4 (new)
Article -4 (new)
Amendment 267 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Greenhouse gas intensity limit of energy used on-board by a ship and mandate for the uptake of renewable fuels of non- biological origin
Amendment 270 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 1
Article 4 – paragraph 2 – indent 1
— -24.4% from 1 January 2025;
Amendment 270 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to all ships above aof 400 gross tonnage of 5000and above, regardless of their flag in respect to:
Amendment 272 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 2
Article 4 – paragraph 2 – indent 2
— -622.4% from 1 January 2030;
Amendment 274 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 3
Article 4 – paragraph 2 – indent 3
— -1375.4% from 1 January 2035;
Amendment 276 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 4
Article 4 – paragraph 2 – indent 4
— -26100% from 1 January 2040;
Amendment 278 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 5
Article 4 – paragraph 2 – indent 5
Amendment 280 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 6
Article 4 – paragraph 2 – indent 6
Amendment 280 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a halfthe entirety of the energy used on voyages departing from or arriving to a port of call under the jurisdiction of a Member State, where the last or the next port of call is under the jurisdiction of a third country.
Amendment 282 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) the entirety of the energy used on board for voyages though the Arctic that are departing from or arriving at 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 286 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
This Regulation does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, or ships not propelled by mechanical means, or government ships used for non-commercial purpose except for fully wind-powered cargo ships. This Regulation shall also apply to fish- catching, fish-processing ships, offshore ships, service vessels (such as tugs and dredgers) and yachts.
Amendment 287 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. From 1 January 2030, ships shall meet at least 14% of their yearly average energy used on-board during a reporting period with RFNBOs or direct use of renewable energy.
Amendment 289 #
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. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex I in order to insert or update reference standards for accurately measuring and accounting for the contribution of substitute sources of energy in the light of scientific and technical progress3a. _________________ 3a MEPC.1/Circ.896: 2021 Guidance on treatment of innovative energy efficiency technologies for calculation and verification of the attained eedi and eexi.
Amendment 291 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to ensure the emission factors are as representative as possible to real emissions according to the best available scientific and technical knowledge, to include the well-to-wake emission factors related to black carbon and any new sources of energy or, to adapt the existing emission factors to ensure consistency with more ambitious future international standards or the legislations of the Union in the fields of energy, environment and climate.
Amendment 292 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘greenhouse gas emissions’ means the release of carbon dioxide (CO2), methane (CH4) and nitrous oxides (N2O) into the atmosphere and the direct radiative forcing of black carbon (BC) emissions;
Amendment 296 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, aA ship at berth in a port of call under the jurisdiction of a Member State shall connect to on- shore power supply and use it for all energy needs while at berth.
Amendment 298 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Paragraph 1 shall apply to:
Amendment 298 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ‘marine fuel supplier’ means a fuel supplier as defined in Article 2, second paragraph, point 38 of Directive (EU) 2018/2001, supplying marine fuel at a Union port;
Amendment 299 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) containershipby 1 January 2025, to passenger ships and all seagoing containerships above 400 gross tonnes;
Amendment 301 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) passenger shipby 1 January 2030 to all types of ships above 400 gross tonnes.
Amendment 301 #
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘food and feed crops’ means food and feed crops as defined in Article 2, point (40), of Directive (EU) 2018/2001 and intermediate crops, energy crops, palm fatty acid distillates, animal fats category III, molasses, soap stock and derivatives;
Amendment 302 #
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘zero-emission technology’ means a technology fulfilling the requirements of Annex III that does not imply the release of the following greenhouse gases and air pollutants into the atmosphere by ships: carbon dioxide (CO2), black carbon (BC), methane (CH4), nitrous oxides (N2O), sulphur oxides (SOx), nitrogen oxides (NOx) and particulate matter (PM);
Amendment 304 #
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Paragraphs 1 and 2 shall not apply to ships:
Amendment 304 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘port of call’ means a port of call as defined in Article 3, point (b) of Regulation (EU) 2015/757the port where a ship stops to load or unload a substantial part of its cargo or to embark or disembark passengers; consequently, 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, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;
Amendment 305 #
Proposal for a regulation
Article 5 – paragraph 3 – point a
Article 5 – paragraph 3 – point a
Amendment 308 #
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
Amendment 308 #
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) 2015/757the shipowner or any other organisation or person such as the manager; the time charterer or the bareboat charterer, which has assumed the responsibility for the commercial operation of the ship from the shipowner and is responsible for paying for fuel consumed by the ship;
Amendment 310 #
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) ‘commercial operator of a ship’ means an operator that, for remuneration, provides scheduled or non-scheduled sea transport services for the carriage of passengers or freight and is entitled to decide on the commercial operations of the ship, such as the quality and quantity of the fuel used by the ship;
Amendment 313 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or modify the criteria for their use, where these new technologies are found equivalent to the technologies listed in that Annex in the light of scientific and technical progressor other uses criteria are found equivalent or better in term of emissions reduction to the technologies and criteria for uses listed in that Annex in the light of scientific and technical progress as well as developments in the Union’s climate, environmental and energy legislation.
Amendment 315 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 317 #
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 from renewable sources to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations as well as mobile installations on land or at water, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;
Amendment 319 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Amendment 320 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Monitoring and reporting shall be complete and cover the energy used on- board by ships, while the ships are at sea as well as at berth. Companies shall apply appropriate measures to prevent any data gaps with, and the necessary temporal and geographical information needed to precisely identify the energy used by ships navigating the reporting periodrough the Arctic.
Amendment 321 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Monitoring and reporting shall be consistent and comparable over time. To that end, companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. Companies shall enable reasonable assurance ofsure the integrity of the data to be monitored and reported.
Amendment 322 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, in a transparent, complete and accurate manner, so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships, the share of Renewable Fuels of Non- Biological Origins (RFNBOs), the energy used on-board for voyages through the Arctic and any other information required to comply with this Regulation.
Amendment 323 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. In undertaking the monitoring and reporting activities set out in Articles 7 to 9, 8 and 14 of this Regulation, information and data collected for the purpose of Regulation (EU) 2015/757 shall be used where appropriate.
Amendment 324 #
Proposal for a regulation
Article 7 – paragraph 3 – point d
Article 7 – paragraph 3 – point d
(d) a description that the ship has installed and certified equipment to allow connection to onshore power supply, at a specified voltage and frequency, including the gear specified in IEC/IEEE 80005-1 (High Voltage) and IEC/IEEE 80005-3 (Low Voltage) or is equipped with substitute sources of energy or a zero- emission technology as specified in Annex III together with a description of their main technical specifications, including their capacity expressed in megajoules (MJ) when relevant;
Amendment 325 #
Proposal for a regulation
Article 7 – paragraph 3 – point e
Article 7 – paragraph 3 – point e
(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4 and 5; , 5, including the sources of energy intended to power the zero-emission technology specified in Annex III, such as main intended energy source to charge the on board-electricity storage and to power the fuel cells, and in Article 5a;
Amendment 326 #
Proposal for a regulation
Article 7 – paragraph 3 – point f
Article 7 – paragraph 3 – point f
(f) a description of the procedures for monitoring and accounting the fuel consumption of the ship as well as the energy provided by substitute sources of energy or a zero- emission technology as specified in Annex III;
Amendment 327 #
Proposal for a regulation
Article 7 – paragraph 3 – point i
Article 7 – paragraph 3 – point i
(i) a description of the procedures used for determining activity data per voyage, including the procedures, responsibilities, formulae and data sources for determining and recording the time spent at sea between the port of departure and the port of arrival and the time spent at berth, including for voyages through the Arctic;
Amendment 328 #
Proposal for a regulation
Article 7 – paragraph 3 – point k
Article 7 – paragraph 3 – point k
(k) a description of the method to be used to determine surrogate data for closing data gapasures taken to prevent data gaps and fraud and of the method to be used to determine surrogate data for closing unavoidable data gaps as well as methods to identify data errors;
Amendment 328 #
Proposal for a regulation
Article 3 – paragraph 1 – point u
Article 3 – paragraph 1 – point u
(u) ‘FuelEU certificate of compliance’ means a certificate specific to a ship, issued to a company by a verifierthe administering authority in respect of a shipping company, which confirms that that ship has complied with this Regulation for a specific reporting period;
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 1 – point w a (new)
Article 3 – paragraph 1 – point w a (new)
(wa) ‘General cargo ship’ means a ship with a multi-deck or single-deck hull designed primarily for the carriage of general cargo;
Amendment 330 #
Proposal for a regulation
Article 3 – paragraph 1 – point w b (new)
Article 3 – paragraph 1 – point w b (new)
(wb) ‘Bulk carrier ship’ means a ship which is constructed generally with single deck, top-side tanks and hopper side tanks in cargo spaces, and is intended primarily to carry dry cargo in bulk, and includes such types as ore carriers and combination carriers or which is intended primarily to carry dry cargo in bulk, including such types as ore carriers and combination carriers;
Amendment 331 #
Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
Article 7 – paragraph 3 – point l a (new)
(la) a list of the personnel which is entitled to enter data in the monitoring plan and a documentation of their training.
Amendment 331 #
Proposal for a regulation
Article 3 – paragraph 1 – point w c (new)
Article 3 – paragraph 1 – point w c (new)
(wc) ‘Oil tanker’ means a ship constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers, any "NLS tanker" as defined in Annex II of the present Convention and any gas carrier as defined in regulation 3.20 of chapterII-1 of SOLAS 74 (as amended), when carrying a cargo or part cargo of oil in bulk;
Amendment 332 #
Proposal for a regulation
Article 3 – paragraph 1 – point x a (new)
Article 3 – paragraph 1 – point x a (new)
Amendment 334 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Companies shall use standardised monitoring plans based on templates. The Commission shall, by means of implementing acts, determine those templates, including the technical rules for their uniform application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3) adopt delegated acts in accordance with Article 26 supplementing this Regulation by establishing standardised monitoring plans based on templates, including the technical rules for their uniform application and use.
Amendment 334 #
Proposal for a regulation
Article 3 – paragraph 1 – point y
Article 3 – paragraph 1 – point y
(y) ‘least favourable pathway’ means the most carbonGHG-intensive production pathway used for any given fuel;
Amendment 336 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Companies shall check regularly, and at least annuallytwice a year, whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved.
Amendment 336 #
Proposal for a regulation
Article 3 – paragraph 1 – point z
Article 3 – paragraph 1 – point z
(z) ‘CO2 equivalent’ means the metric measure used to compute the emissions from CO2, BC, CH4 and N2O on the basis of their global-warming potential, by converting amounts of BC, CH4 and N2O to the equivalent amount of carbon dioxide with the same global warming potential (GWP) using GWP 20 figures;
Amendment 337 #
Proposal for a regulation
Article 3 – paragraph 1 – point ee a (new)
Article 3 – paragraph 1 – point ee a (new)
Amendment 338 #
Proposal for a regulation
Article 8 – paragraph 2 – point e a (new)
Article 8 – paragraph 2 – point e a (new)
(ea) where methods to prevent data gaps and identify data errors have been found inadequate for ensuring data solidity and transparency.
Amendment 339 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Modifications of the monitoring plan referred to in paragraph 2, points (b), (c), (d) and (dea) of this Article shall be subject to assessment by the verifier. Following the assessment, the verifier shall notify the company concerned whether those modifications are in conformity with Article 6.
Amendment 339 #
Proposal for a regulation
Article 3 – paragraph 1 – point ee b (new)
Article 3 – paragraph 1 – point ee b (new)
Amendment 341 #
Proposal for a regulation
Chapter II – title
Chapter II – title
Amendment 342 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 342 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Operational and energy efficiency: Greenhouse gas intensity per transport of work 1. Companies shall linearly reduce the annual GHG emissions per transport work by at least 40% by 2030 as an average across all ships under their responsibility, compared to the average performance per ship category of ships of the same size and type as reported under this Regulation or, where appropriate, under the Regulation (EU) 2015/757. 2. Where, in a given reporting period, a company fails to comply with the annual reduction referred to in paragraph 1 of this Article, the administering authority in respect of the company shall impose an effective, proportionate and dissuasive financial penalty. Payment of the excess emissions penalty shall not release the company from its obligation under paragraph 1 of this Article. 3. The Commission shall adopt delegated acts by... [6 months after the entry into force of this Regulation] in accordance with Article 26 in order to supplement this Regulation by: (i) defining the average performance per ship category referred to in paragraph 1; (ii) determining the baseline and the annual linear reduction factor to be applied for each ship category by using the data from the THETIS-MRV, including the mandatory parameter ‘cargo carried’, and the IMO DCS, when available, while fully recognising the emission reductions already undertaken by the ‘decarbonising first movers’ companies, so as to achieve the target referred to in paragraph 1; (iii) specifying the rules and means for calculating and collecting the excess emissions penalty referred to in paragraph 2; (iv) specifying any other rule and methods necessary for the monitoring, compliance and verification of compliance of this Article, for all ships falling under the scope of this Regulation. 4. Ships that belong to an ice class may apply to be exempted from the obligations in paragraph.
Amendment 343 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Greenhouse gas intensity limit of energy used on-board by a ship and mandate for the uptake of renewable fuels of non- biological origin
Amendment 344 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where biofuels, biogas, and renewable fuels of non-biological origin and recycled carbon fuels, as defined in Directive (EU) 2018/2001, and other fuels or gases are to be taken into account for the purposes referred to in Articles 4(1) of this Regulation, the following rules apply:
Amendment 345 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) greenhouse gas emission factors of biofuels and biogas tshatll comply with the sustainability and greenhouse gas saving criteria set out in Article 29 of Directive (EU) 2018/2001 and shall be determined according to the methodologies set out in that Directive;
Amendment 347 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) greenhouse gas emissions factors of renewable fuels of non-biological origin and recycled carbon fuel thatshall comply with the greenhouse gas emission savings thresholds set out in Article 27(3) of Directive (EU) 2018/2001, and the related delegated acts on additionality and GHG methodology, and shall be determined according to the methodologies set out in that Directive;
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 1
Article 4 – paragraph 2 – indent 1
— -26% from 1 January 2025;
Amendment 349 #
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, intermediate crops, energy crops, palm fatty acid distillates, used cooking oil, animal fats category III, molasses, soapstocks and derivatives, shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
Amendment 352 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 2
Article 4 – paragraph 2 – indent 2
— -613% from 1 January 2030;
Amendment 354 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) renewable fuels of non-biological origin and recycled carbon fuels that do not comply with point (b) and any other hydrogen-derived synthetic fuels or hydrogen types shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels.;
Amendment 355 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 3
Article 4 – paragraph 2 – indent 3
— -1326% from 1 January 2035;
Amendment 356 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(da) fossil gas and any other fossil- derived fuel pathways shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels.
Amendment 357 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 357 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 4
Article 4 – paragraph 2 – indent 4
— -2659% from 1 January 2040;
Amendment 358 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 359 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall revise without undue delay its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond one month before the beginning of the reporting period.
Amendment 359 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 5
Article 4 – paragraph 2 – indent 5
— -759% from 1 January 2045;
Amendment 360 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where the verification assessment identifies incorrect statements or non- conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then amend without undue delay the incorrect statements or non- conformities so as to enable the verification process to be completed in time.
Amendment 361 #
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the use of on-shore power supply or the presence of exceptions listed in Article 5(3) as certified in accordance with Article 5(5).
Amendment 361 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 6
Article 4 – paragraph 2 – indent 6
— -75100% from 1 January 2050.
Amendment 362 #
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(da) the reported energy sources used in order to comply with the provisions defined in Article 5a;
Amendment 363 #
Proposal for a regulation
Article 11 – paragraph 2 – point d b (new)
Article 11 – paragraph 2 – point d b (new)
(db) the relevant records of the ship are complete, transparent and consistent.
Amendment 364 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant deviations are found, the verifier shall carry out further analyses.
Amendment 364 #
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 procedureshould be published by the European Commission no later than 2 years before the entry into force of this Regulation, corresponds to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I and II to thatis Regulation.]
Amendment 365 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4 a. The verifier shall provide, for each of the ships under its surveillance, an individual quality management program of measures to be taken to prevent data gaps and errors.
Amendment 366 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008. The national accreditation body shall notify without undue delay to the Commission the list of accredited verifiers together with the information allowing their identification and record them in the database.
Amendment 367 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and to ensure the verifiers’ independence and impartiality. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.
Amendment 368 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) for each ship that the requirement of Article 5(1) applies, the connection to and use of on-shore power or the existence of any of the exceptions listed in Article 5(3) as certified in accordance with Article 5(5);
Amendment 370 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) the amount of each type of substitute source of energy consumed at berth and at sea, including the amount of each source of energy powering the zero- emission technologies, such as wind, solar energy, source of electricity stored on batteries, type of fuels powering the fuel cells and batteries.
Amendment 370 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. From 1 January 2030, ships that do not have any other more energy efficient renewable-based solutions to decarbonise their operations shall meet at least 14% of their yearly average energy used on-board during a reporting period with RFNBOs or non-combustion use of renewable energy.
Amendment 371 #
Proposal for a regulation
Article 14 – paragraph 1 – point e a (new)
Article 14 – paragraph 1 – point e a (new)
(ea) where applicable, the date, time and geographic location of entering/leaving the Arctic and the amount of each type of fuel consumed at berth and at sea;
Amendment 373 #
Proposal for a regulation
Article 4 – paragraph 2 b (new)
Article 4 – paragraph 2 b (new)
2b. Marine fuel suppliers shall ensure that enough volumes of compliant renewable fuels are available in Union ports in order to enable ships to meet the greenhouse intensity limits in Article 4 (2) and Article 4 (2) (a) (new).
Amendment 374 #
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. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex I in order to insert or update reference standards for accurately measuring and accounting for the contribution of substitute sources of energy in the light of scientific and technical progress3a. __________________ 3a Please take a look at MEPC.1/Circ.896: 2021 GUIDANCE ON TREATMENT OF INNOVATIVE ENERGY EFFICIENCY TECHNOLOGIES FOR CALCULATION AND VERIFICATION OF THE ATTAINED EEDI AND EEXI
Amendment 376 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Companies shall record the information and data listed in paragraph 1 oin annual basis in a timely and transparent manner, that and compile them on annual basis to enables the verification of compliance with this Regulation by the verifier.
Amendment 377 #
Proposal for a regulation
Article 15 – paragraph 2 – point a a (new)
Article 15 – paragraph 2 – point a a (new)
(aa) calculate, when applicable, the percentage of RFNBOs over the yearly average energy used on-board by the ship concerned;
Amendment 378 #
Proposal for a regulation
Article 15 – paragraph 2 – point a b (new)
Article 15 – paragraph 2 – point a b (new)
(ab) calculate, when applicable, the percentage of direct use of renewable energy over the yearly average energy used on-board by the ship concerned;
Amendment 378 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Default values are provided in Annex II of this Regulation to serve as the basis for the calculation of emission factors. Any diversion from these default values shall be restricted to renewable fuels and certified by means real-life direct emissions measurements, in accordance with Directive (EU) 2018/2001.
Amendment 379 #
Proposal for a regulation
Article 15 – paragraph 2 – point c a (new)
Article 15 – paragraph 2 – point c a (new)
(ca) assess, when relevant, the compliance with the requirements set out in Article 5a new;
Amendment 380 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to ensure the emission factors are as representative as possible to real emissions according to the best available scientific and technical knowledge, to include the well-to-wake emission factors related to black carbon and any new sources of energy or, to adapt the existing emission factors to ensure consistency with more ambitious future international standards or the legislations of the Union in the field of energy, environment and climate.
Amendment 381 #
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
Amendment 381 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. By 1 January 2025, the Commission shall adopt a delegated act in accordance with Article 26 to amend Annex II in order to differentiate the well- to-tank emission factors of fuels in the category “Fossil” on the basis of its origin, specifying and including at least the respective emissions of upstream, transportation, and in case of LNG additionally the emissions of liquefaction, re-gasification, storage, and ship loading.
Amendment 382 #
Proposal for a regulation
Article 15 – paragraph 2 – point d a (new)
Article 15 – paragraph 2 – point d a (new)
(da) separately aggregate on an annual basis the information monitored and recorded in accordance with Article 14(1), point (c), (d), (e) and (ea) for each ship and provide it to companies for their submission to the database in accordance with Article 16(3);
Amendment 384 #
Proposal for a regulation
Article 15 – paragraph 2 – point d b (new)
Article 15 – paragraph 2 – point d b (new)
(db) assess quality and coherence of monitoring plan, data input and adherence to the quality management system.
Amendment 386 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 387 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 389 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall, by means of implementing acts, lay down the rules for access rights and the functional and technical specifications of the compliancdatabase, while ensuring the public accessibility of the database. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
Amendment 390 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained by the verifierand calculated by the verifier, the yearly exceptions applied under Article 5(3), if any, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.
Amendment 391 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. By 30 June of each year, the Commission shall make publicly available all the information recorded in the database for a given reporting period. Information for previous reporting period shall remain publicly available at any time. The information shall be provided in an open, downloadable and raw format without anonymization or further aggregation.
Amendment 393 #
1a. Ships shall be allowed to bank their compliance surplus between reporting periods to meet the requirements set in Article 4 only if such surplus is generated by using renewable energy sources.
Amendment 394 #
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1b. Companies shall be allowed to bank compliance surplus from ships fully propelled with renewable energy such as wind or solar as long as these ships are not used for leisure purposes only.
Amendment 395 #
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. If the ship ceases operation before fulfilling the advance compliance surplus, it shall pay a penalty calculated in accordance with Article 20. The advance compliance surplus may not be borrowed:
Amendment 397 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) for the amount exceeding by more than 21% the limit set out in Article 4(2), multiplied by the energy consumption of the ship calculated in accordance with Annex I;
Amendment 398 #
Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(ba) by a ship that is in its last year of operation;
Amendment 399 #
Proposal for a regulation
Article 17 – paragraph 2 – point b b (new)
Article 17 – paragraph 2 – point b b (new)
(bb) by a ship that has taken over a borrowed advance compliance surplus from a ship that has ceased operation;
Amendment 400 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. By 30 April of the year following the reporting period, the company shall record the advance compliance surplus, following approval by its verifier, in the compliance databasedatabase referred to in Article 16.
Amendment 400 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. From 1 January 2030, aA ship at berth in a port of call under the jurisdiction of a Member State shall connect to on- shore power supply and use it for all energy needs while at berth.
Amendment 401 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The compliance balances of two or more ships, which are verified by the same verifier, may be pooled for the purposes of fulfilling the requirements of Article 4. Pooling compliance surplus shall be restricted to ships powered by zero- emission fuels, in accordance with values in Annex II, and zero-emission technologies, in accordance with Annex III. A ship’s compliance balance may not be included in more than one pool in the same reporting period.
Amendment 403 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. Paragraph 1 shall apply to:
Amendment 404 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) containershipby 1 January 2025, to all seagoing containerships above 400 gross tonnes;
Amendment 405 #
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 verifiersuch deficit shall be added to the ship’s balance in the following reporting period, and the company shall pay a dissuasive penalty double the amount and cost of renewable fuels that the ships should have used to meet the requirements of this Regulation. The administering authority with respect to the shipping company shall calculate the amount of the penalty on the basis of the formula specified in Annex V.
Amendment 407 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) by 1 January 2025, to passenger ships.
Amendment 408 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The company shall pay a dissuasive penalty for each non-compliant port call. The verifieradministering authority with respect to the shipping company shall calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on- board and by the number of completed hours spent at berth.
Amendment 409 #
Proposal for a regulation
Article 5 – paragraph 2 – point b a (new)
Article 5 – paragraph 2 – point b a (new)
(b a) by 1 January 2030, to bulk carriers;
Amendment 410 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The company shall pay a dissuasive penalty for each non-compliant Arctic voyage. The administering authority with respect to the shipping company shall calculate the penalty as the double of the cost difference between the costs of distillate and the costs of the fuel used. The costs shall be determined as the Rotterdam spot price on the day of commencement of the voyage.
Amendment 410 #
Proposal for a regulation
Article 5 – paragraph 2 – point b b (new)
Article 5 – paragraph 2 – point b b (new)
(b b) by 1 January 2030, to oil tankers;
Amendment 411 #
Proposal for a regulation
Article 5 – paragraph 2 – point b c (new)
Article 5 – paragraph 2 – point b c (new)
(b c) to all remaining ships as defined in Article 2, by 1 January 2035.
Amendment 413 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Notwithstanding Article 19(1), the verifier shall issue a FuelEU certificate of compliance onceafter the penalties referred to in paragraphs 1 and 2 of this Article have been paid for a maximum of two consecutive years. For the second consecutive year of non-compliance both the penalties, referred to in paragraphs 1 and 2 of this Article have been paid, and the compliance deficit to be added to the ship’s balance in the following reporting period shall be doubled. For a third year of non- compliance the verifier shall not issue a FuelEU certificate of compliance. The actions referred to in this Article as well as the proof of the financial payments in accordance with Article 21 shall be recorded in the FuelEU certificate of compliance.
Amendment 414 #
Proposal for a regulation
Article 5 – paragraph 3 – introductory part
Article 5 – paragraph 3 – introductory part
3. Paragraph 1 and 2 shall not apply to ships:
Amendment 415 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into accountas soon as the developments in the cost of energy undermine the dissuasive effect of those penalties.
Amendment 417 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. By 1 January 2027, the Commission shall adopt a delegated act in accordance with Article 26 supplementing this Regulation by laying down the formula for the calculation of the amount of the penalty for failing to comply with the RFNBOs mandate set out in Article 4(2), point (b), the criteria for its application and the rules for its enforcement.
Amendment 418 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Allocation of penalties to support renewable and low-carbon fuels inthe just ecological transition of the maritime sector
Amendment 419 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sectorto accelerate the just ecological transition of the maritime sector by means of the rapid improvement of energy and operational efficiency of ships, the deployment of zero-emission propulsion technologies and the uptake of sustainable renewable energy in the maritime sector, as well as to help the protection, restoration and better management of marine ecosystems. These revenues should be allocated to the Ocean Fund referred to in Directive 2003/87/EC. In any case, at least 20% of the yearly revenues generated from the payment of the penalties shall be used to contribute to the protection, restoration and better management of marine ecosystems. Projects financed by the funds collected from the penalties shall apply the energy efficiency first principle and stimulate the production of greater quantities of renewable and low carbon fuelsustainable renewable fuels and on-board renewable generation solutions for the maritime sector, facilitate the construction of appropriatthe relative bunkering facilities or, electric connection porints in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductionsa zero-emission, highly energy efficient and fully renewable-based maritime sector as soon as possible. Projects financed by the funds collected shall contextually support, in dialogue with social partners, the redeployment, re-skilling and up-skilling of the workers to provide the environmentally friendly and technology- related skills required for the transition.
Amendment 422 #
1a. 20% of the yearly collected penalties referred to in paragraph 1 shall be used to contribute to the protection, restoration and better management of marine ecosystems impacted by global warming, such as marine protected areas, and to promote a crosscutting sustainable blue economy, such as renewable marine energy. All the projects supported by the funds collected from penalties shall be recorded and made available to the public.
Amendment 423 #
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 InnovatioOcean Fund referred to in Article 10a(8)3gdb of Directive 2003/87/EC and used to finance programmes according to the principles and objectives established in Paragraph 1 and 1a. 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 424 #
Proposal for a regulation
Article 5 – paragraph 3 – point d
Article 5 – paragraph 3 – point d
Amendment 425 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement this Regulation concerning the modalities for the payment of the penalties referred to in Article 20(1) and 20(2). and the modalities for making the information on the supported projects available to the public.
Amendment 426 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [dd/mm/20xx],31 July 2024 and shall notify to the Commission without delay any subsequent amendments. By 1 January 2025, the Commission shall report to the European Parliament and the Council the overview of the national measures laid down by Member States and report without delay any subsequent amendments.
Amendment 427 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Each Member State shall ensure that any inspection of a ship in a port under its jurisdiction carried out in accordance with Directive 2009/16/EC includes checking that a valid FuelEU certificate of compliance is carried on board and standard procedures applied for port calls by the port authorities.
Amendment 428 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where a ship has failed to present a valid FuelEU certificate of compliance for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance, the competent authority of the Member State of the port of call mayshall, after giving the opportunity to the company concerned to submit its observations, issue an expulsion order. The competent authority of the Member State shall notify the expulsion order to the Commission, the other Member States and the flag State concerned. Every Member State, with the exception of any Member State whose flag the ship is flying, shall refuse entry of the ship which is subject to the expulsion order into any of its ports until the company fulfils its obligations. Where the ship flies the flag of a Member State, the Member State concerned shall, after giving the opportunity to the company concerned to submit its observations, order a flag detention until the company fulfils its obligations as set out by this Regulation.
Amendment 429 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Sanctions against a specified ship by any Member State shall be notified to the Commission, to the other Member States and to the flag State concerned. The Commission shall record each notified sanction in the database.
Amendment 431 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall designate one or more independent competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). They shall communicate their names and contact information to the Commission. The Commission shall publish on its website, and on the database, the list of competent authorities.
Amendment 432 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(63a, 4(3), 4(4), 5(4), 9(37(4), 13(3), 20(4), 20(4a) 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 434 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(73a, 4(3), 4(4), 5(4), 9(37(4), 13(3), 20(4), 20(4a) 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 434 #
Proposal for a regulation
Article 5 – paragraph 3 – point e
Article 5 – paragraph 3 – point e
Amendment 436 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(73a, 4(3), 4(4), 5(4), 9(37(4), 13(3), 20(4), 20(4a) 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 438 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 203027 and every 5 years thereafter, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuelszero-emission technologies and sustainable renewable energy in maritime transport and its impact on the maritime sector in the Union. TIn the report the Commission shall consider possible amendments to: also examine the ambition and overall environmental integrity of the Regulation in relation to the targets under the Paris Agreement, to the Union economy-wide GHG emissions reduction target for 2030 and to the climate-neutrality objective as defined in the European Climate Law, as well as to the Renewable energy and Energy efficiency targets. The Commission shall consider amendments to the entire proposal regarding its environmental integrity and effectiveness in relation to the Paris Agreement, the Union’s GHG emissions reduction targets and the energy legislation, and at least:
Amendment 438 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Ship operators shall inform beforehand 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 and about the power equipment on board.
Amendment 439 #
Proposal for a regulation
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
3b. By 1 January 2025, the Commission shall adopt an implementing act laying down the content, format and deadlines for ship operators to provide information as requested in paragraph 3a to the authorities of the port of call.
Amendment 440 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or modify the criteria for their use, where these new technologies are found equivalent to the technologies listed in that Annex in the light of scientific and technical progresor other uses criteria are found equivalent or better in term of emissions reduction to the technologies and criteria for uses listed in that Annex in the light of scientific and technical progress. The Commission shall review and, if necessary, expand the list of applicable zero-emission technologies according to Annex III every two years.
Amendment 443 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) make the limit referred to in Article 4(2) more stringent;
Amendment 445 #
Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
Article 28 – paragraph 1 – point a a (new)
(aa) strengthen the operational and energy efficiency target in Article -4(new) and extend it, in a suitable form, beyond 2030;
Amendment 446 #
Proposal for a regulation
Article 28 – paragraph 1 – point b
Article 28 – paragraph 1 – point b
(b) expand the ship types to which Article 5(1)this Regulation applies to;
Amendment 446 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 447 #
Proposal for a regulation
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) limit the exceptions listed in Article 5(3).
Amendment 451 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The European Parliament through its competent committees may provide an opinion on the report by the Commission including proposals for amending this Regulation.
Amendment 453 #
Proposal for a regulation
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. The Commission shall reply in writing to the opinion adopted by the European Parliament as well as respond to any call for action concerning the different provisions of the Regulation, including providing justifications for foreseen inaction, and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt.
Amendment 457 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The following point shall be added to the list set out in Annex IV to Directive 2009/16/EC: ‘51. The FuelEU certificate of compliance issued under Regulation (EU) xxxx on the use of renewable and low- carbon fuelenergy efficiency and the use of renewable energy sources in maritime transport’.
Amendment 458 #
Proposal for a regulation
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. By 1 January 2025, the Commission shall adopt an implementing act laying down the applicable technologies to use Renewable fuels of non-biological origin in ports as referred to in Paragraph 3 (b) and specified in Annex III.
Amendment 459 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Additional requirement for the energy used for voyages through the Arctic 1. A ship which navigates through the Arctic shall employ for its non-renewable energy needs distillates or sustainable renewable fuels, unless it is fully powered by zero-emission technologies as defined in Annex III. 2. Paragraph 1 is without prejudice to more ambitious requirements in term of energy uses at sea or at berth that may result from the application of Articles 4 and 5.
Amendment 462 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Monitoring and reporting shall be complete and cover the energy used on- board by ships, while the ships are at sea as well as at berth. Companies shall apply appropriate measures to prevent any data gaps with, and the necessary temporal and geographical information needed to precisely identify the energy used by ships navigating the reporting periodrough the Arctic. Companies shall prevent any data.
Amendment 463 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Monitoring and reporting shall be consistent and comparable over time. To that end, companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. Companies shall enable reasonable assurance ofsure the integrity of the data to be monitored and reported.
Amendment 464 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, in a transparent, complete and accurate manner, so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships, the share of RFNBOs, the energy used on-board for voyages through the Arctic and any other information required to comply with this Regulation.
Amendment 465 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. In undertaking the monitoring and reporting activities set out in Articles 7 to 9, 8 and 14 of this Regulation, information and data collected for the purpose of Regulation (EU) 2015/757 shall be used where appropriate.
Amendment 466 #
Proposal for a regulation
Article 7 – paragraph 3 – point d
Article 7 – paragraph 3 – point d
(d) a description that the ship has installed and certified equipment to allow connection to onshore power supply, at a specified voltage and frequency, including the gear specified in IEC/IEEE 80005-1 (High Voltage) and IEC/IEEE 80005-3 (Low Voltage) or is equipped with substitute sources of energy or a zero- emission technology as specified in Annex III together with a description of their main technical specifications, including their capacity expressed in megajoules (MJ) when relevant;
Amendment 467 #
Proposal for a regulation
Article 7 – paragraph 3 – point e
Article 7 – paragraph 3 – point e
(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4, 5, including the sources of energy intended to power the zero-emission technology specified in Annex III, such as main intended energy source to charge the on board-electricity storage and to power the fuel cells, and 5a;
Amendment 468 #
Proposal for a regulation
Article 7 – paragraph 3 – point f
Article 7 – paragraph 3 – point f
(f) a description of the procedures for monitoring and accounting the fuel consumption of the ship as well as the energy provided by substitute sources of energy or a zero- emission technology as specified in Annex III;
Amendment 469 #
Proposal for a regulation
Article 7 – paragraph 3 – point i
Article 7 – paragraph 3 – point i
(i) a description of the procedures used for determining activity data per voyage, including the procedures, responsibilities, formulae and data sources for determining and recording the time spent at sea between the port of departure and the port of arrival and the time spent at berth, including for voyages through the Arctic;
Amendment 470 #
Proposal for a regulation
Article 7 – paragraph 3 – point k
Article 7 – paragraph 3 – point k
(k) a description of the method to be used to determine surrogate data for closing data gaps; asures taken to prevent data gaps and fraud and of the method to be used to determine surrogate data for closing unavoidable data gaps as well as methods to identify data errors;
Amendment 471 #
Proposal for a regulation
Article 7 – paragraph 3 – point l a (new)
Article 7 – paragraph 3 – point l a (new)
(l a) a list of the personnel which is entitled to enter data in the monitoring plan and a documentation of their training.
Amendment 472 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Companies shall use standardised monitoring plans based on templates. The Commission shall, by means of implementing acts, determine those templates, including the technical rules for their uniform application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3) adopt delegated acts in accordance with Article 26 supplementing this Regulation by establishing standardised monitoring plans based on templates, including the technical rules for their uniform application and use.
Amendment 474 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Companies shall check regularly, and at least annuallytwice a year, whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved.
Amendment 475 #
Proposal for a regulation
Article 8 – paragraph 2 – point e a (new)
Article 8 – paragraph 2 – point e a (new)
(e a) where methods to prevent data gaps and identify data errors have been found inadequate for ensuring data solidity and transparency.
Amendment 476 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Modifications of the monitoring plan referred to in paragraph 2, points (b), (c), (d) and (dea) of this Article shall be subject to assessment by the verifier. Following the assessment, the verifier shall notify the company concerned whether those modifications are in conformity with Article 6.
Amendment 477 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Amendment 479 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Where biofuels, biogas, and renewable fuels of non-biological origin and recycled carbon fuels, as defined in Directive (EU) 2018/2001, and other fuels or gases are to be taken into account for the purposes referred to in Articles 4(1) of this Regulation, the following rules apply:
Amendment 480 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) greenhouse gas emission factors of biofuels and biogas tshatll comply with the sustainability and greenhouse gas saving criteria set out in Article 29 of Directive (EU) 2018/2001 and shall be determined according to the methodologies set out in that Directive;
Amendment 482 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) greenhouse gas emissions factors of renewable fuels of non-biological origin and recycled carbon fuel thatshall comply with the greenhouse gas emission savings thresholds set out in Article 27(3) of Directive (EU) 2018/2001, and the related delegated acts on additionality and GHG methodology, and shall be determined according to the methodologies set out in that Directive;
Amendment 483 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) greenhouse gas emissions factors of renewable fuels of non-biological origin and recycled carbon fuel thatshall comply with the greenhouse gas emission savings thresholds set out in Article 27(35(2) of Directive (EU) 2018/2001 and any relevant delegated acts on additionality and GHG methodology shall be determined according to the methodologies set out in that Directive;
Amendment 485 #
Proposal for a regulation
Annex I
Annex I
Amendment 486 #
Proposal for a regulation
Annex I
Annex I
Amendment 487 #
Proposal for a regulation
Annex II – Table 1 – Default factors
Annex II – Table 1 – Default factors
Amendment 487 #
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, intermediate crops, energy crops, palm fatty acid distillates, used cooking oil, animal fats category III, molasses, soapstocks and derivatives, shall be considered to have the same emission factors as the least favourable fossil fuel pathway for thise respective type of fuel;
Amendment 488 #
Proposal for a regulation
Annex IV
Annex IV
ANNEX IV CERTIFICATE TO BE ISSUED BY THE MANAGING BODY OF THE PORT OF CALL IN CASES WHERE SHIPS CANNOT MAKE USE OF OPS FOR JUSTIFIED REASONS (ARTICLE 5(5)) - MINIMUM ELEMENTS TO BE INCLUDED IN THE CERTIFICATE For the purposes of this Regulation, the certificate referred to in Article 5(5) shall contain at least the following information: (1 (8) Ship identification (a) IMO number (b) Ship name (c) Call sign (d) Ship type (e) Flag (2 (9) Port of call (3) (10) Location/terminal name (4) (11) Arrival date and time (ATA) (5) (12) Departure date and time (ATD) The confirmation, proven by reasonable evidence, from the managing body of the port that the ship was found among any of the following cases: – the ship made an unscheduled port call for reasons of safety or saving life at sea (Article 5(2), point (c)) – the ship was unable to connect to on-shore power supply due to unavailable connection points in the port (Article 5(2), point (d)) – the on-shore power supply equipment on board was found to be incompatible with the shore installation at the port (Article 5(2), point (e)) – that the ship used, for a limited period of time on-board energy generation, under emergency situations representing immediate risk to life, the ship, or the environment (Article 5(2), point (f)). (6) 13) Details of the managing body of the port (a) Name (b) contact (phone, email) (7) 14) Date of issue
Amendment 489 #
Proposal for a regulation
Annex V
Annex V
ANNEX V FORMULAS FOR CALCULATING THE COMPLIANCE BALANCE AND PENALTY LAID DOWN IN ARTICLE 20(1) Formula for calculating the ship’s compliance balance For the purpose of calculating the compliance balance of a ship the following formula shall apply: Compliance balance [gCO2eq/MJ]] = (GHGIEtarget - GHGIEactual) x [ ] Where: Grams of CO2 equivalent GHGIEtarget Greenhouse gas intensity limit of the energy used on-board a ship according to Article 4(2) of this Regulation GHGIEactual Yearly average of the greenhouse gas intensity of the energy used on-board a ship calculated for the relevant reporting period Formula for calculating the penalty laid down in Article 20(1) The amount of the penalty laid down in Article 20(1) shall be calculated as follows: Penalty = ( - Compliance balance / GHGIEactual) x conversion factor from MJ to tonnes of VLSFO (41.0 MJ / MJ / kg) x EUR 243000 Justification: The first change is an editorial amendment needed to add a negative sign at the beginning of the equation The second change is to make the penalty more dissuasive considering the 2020 prices.
Amendment 491 #
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) renewable fuels of non-biological origin and recycled carbon fuels that do not comply with point (b) and any other hydrogen-derived synthetic fuels or hydrogen types shall be considered to have the same emission factors as the least favourable fossil fuel pathway for thise respective type of fuels.;
Amendment 493 #
Proposal for a regulation
Article 9 – paragraph 1 – point d a (new)
Article 9 – paragraph 1 – point d a (new)
(d a) fossil gas and any other fossil- derived fuel pathways shall be considered to have the same emission factors as the least favourable fossil fuel pathway for the respective type of fuel.
Amendment 494 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Default values are provided in Annex II of this Regulation to serve as the basis for the calculation of emission factors. Any diversion from these default values shall be restricted to renewable fuels and certified by means real-life direct emissions measurements, in accordance with Directive (EU) 2018/2001.
Amendment 496 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Companies shall provide accurate, complete and reliable data on the GHG emission intensity and the sustainability characteristics of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel, verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001.
Amendment 497 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 502 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall revise without undue delay its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond one month before the beginning of the reporting period.
Amendment 503 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where the verification assessment identifies incorrect statements or non- conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then amend without undue delay the incorrect statements or non- conformities so as to enable the verification process to be completed in time.
Amendment 504 #
Proposal for a regulation
Article 11 – paragraph 2 – point d
Article 11 – paragraph 2 – point d
(d) the use of on-shore power supply or the presence of exceptions listed in Article 5(3) as certified in accordance with Article 5(5).
Amendment 506 #
Proposal for a regulation
Article 11 – paragraph 2 – point d a (new)
Article 11 – paragraph 2 – point d a (new)
(d a) the reported energy sources used in order to comply with the provision defined in Article 5a;
Amendment 507 #
Proposal for a regulation
Article 11 – paragraph 2 – point d b (new)
Article 11 – paragraph 2 – point d b (new)
(d b) that the relevant records of the ship are complete, transparent and consistent.
Amendment 508 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant deviations are found, the verifier shall carry out further analyses.
Amendment 510 #
Proposal for a regulation
Article 12 – paragraph 4 a (new)
Article 12 – paragraph 4 a (new)
4a. The verifier shall provide, for each of the ships under its surveillance, an individual quality management program of measures to be taken to prevent data gaps and errors.
Amendment 511 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008. The national accreditation body shall notify without undue delay to the Commission the list of accredited verifiers together with the information allowing their identification and record them in the database.
Amendment 512 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and to ensure the verifiers’ independence and impartiality. When adopting these acts, the Commission shall take into account the elements set out in Part B of Annex III of Regulation 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. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.
Amendment 513 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The verifier must also: (a) be knowledgeable in shipping; (b) be equipped at all times with significant managerial, technical and support staff commensurate with the amount of vessels he verifies; (c) be capable of assigning to every place of work, when and as needed, means and staff commensurate with the tasks to be carried out in accordance with the various tasks listed in Chapter V of the present regulation; (d) have developed, implemented and must maintain an effective internal quality system based on appropriate parts of internationally recognised quality standards and in compliance with EN ISO/IEC 17020:2004 (inspection bodies) and with EN ISO 9001:2000 (quality management systems, requirements).
Amendment 514 #
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3b. The verifier is not substantially dependent on a single company for its revenue.
Amendment 515 #
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) for each ship that the requirement of Article 5(1) applies, the connection to and use of on-shore power or the existence of any of the exceptions listed in Article 5(3) as certified in accordance with Article 5(5);
Amendment 518 #
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) the amount of each type of substitute source of energy consumed at berth and at sea, including the amount of each source of energy powering the zero- emission technologies, such as wind, solar energy, source of electricity stored on batteries, type of fuels powering the fuel cells and batteries.
Amendment 520 #
Proposal for a regulation
Article 14 – paragraph 1 – point e a (new)
Article 14 – paragraph 1 – point e a (new)
(e a) where applicable, the date, time and geographic location of entering/leaving the Arctic and the amount of each type of fuel consumed at berth and at sea;
Amendment 525 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. In the event the supply of renewable marine fuels referred to under Article 4 (2) a (new) and Article 4 (2) b (new) is not sufficient at Union ports of call during the compliance year, the ship shall submit including support documents from the port a Fuel non-availability report (FNAR) to the competent authority and the Commission.
Amendment 527 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Companies shall record the information and data listed in paragraph 1 oin annual basis in a timely and transparent manner, that and compile them on annual basis to enables the verification of compliance with this Regulation by the verifier.
Amendment 528 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. In the event the supply of renewable marine fuels referred to under Article 4 (2) a (new) and Article 4 (2) b (new) is not sufficient at Union ports of call during the compliance year, the ship shall submit including support documents from the port a Fuel non-availability report (FNAR) to the competent authority and the Commission. 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 531 #
Proposal for a regulation
Article 15 – paragraph 2 – point a a (new)
Article 15 – paragraph 2 – point a a (new)
(a a) calculate, when applicable, the percentage of RFNBOs over the yearly average energy used on-board by the ship concerned;
Amendment 532 #
Proposal for a regulation
Article 15 – paragraph 2 – point a b (new)
Article 15 – paragraph 2 – point a b (new)
(a b) calculate, when applicable, the percentage of direct use of renewable energy over the yearly average energy used on-board by the ship concerned;
Amendment 533 #
Proposal for a regulation
Article 15 – paragraph 2 – point c a (new)
Article 15 – paragraph 2 – point c a (new)
(c a) assess, when relevant, the compliance with the requirements set out in Article 5a new;
Amendment 534 #
Proposal for a regulation
Article 15 – paragraph 2 – point d
Article 15 – paragraph 2 – point d
Amendment 535 #
Proposal for a regulation
Article 15 – paragraph 2 – point d a (new)
Article 15 – paragraph 2 – point d a (new)
(d a) separately aggregate on an annual basis the information monitored and recorded in accordance with Article 14(1), point (c), (d), (e) and (ea) for each ship and provide it to companies for their submission to the database in accordance with Article 16(3);
Amendment 536 #
Proposal for a regulation
Article 15 – paragraph 2 – point d b (new)
Article 15 – paragraph 2 – point d b (new)
(d b) assess quality and coherence of monitoring plan, data input and adherence to the quality management system.
Amendment 537 #
Proposal for a regulation
Article 16 – title
Article 16 – title
Amendment 539 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. The Commission shall develop, ensure functioning and update an centrally managed electronic compliance database for the monitoring of compliance with Articles 4 and 5, to be integrated with the THETIS-MRV system established under Regulation (EU) 2015/757, for the monitoring of compliance with Articles 4, 4a, 4c, 5, 5a and storage and publication of information submitted by companies under paragraph 3 of this Article. The compliance database shall be used to keep a record of the compliance balance of the ships and the use of the flexibility mechanisms set out in Articles 17 and 18. It shall bemonitor compliance with Articles (-4), 4, 5 and 5a, keep a record of the compliance balance of the ships, the use of the exemptions set out in Article 5(3), the use of the flexibility mechanisms set out in Articles 17 and 18, the penalties set out in Article 20, the data submitted in accordance with paragraph 3 of this Article, the sanctions notified in accordance with Article 23 and the list of competent authorities referred to in Article 25(1). The database shall be made publicly available in an open data format and freely accessible to the companies, the verifiers, the competent authorities and, the Commission and the general public in a transparent, downloadable and user- friendly manner.
Amendment 541 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. Ships shall be allowed to bank their compliance surplus between reporting periods to meet the requirements set in Article 4 only if such surplus is generated by using renewable energy sources.
Amendment 542 #
Proposal for a regulation
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
1b. Companies shall be allowed to bank compliance surplus from ships not subject to this regulation that are fully propelled with renewable energy such as wind or solar as long as these ships are not used for leisure purposes only.
Amendment 543 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The Commission shall, by means of implementing acts, lay down the rules for access rights and the functional and technical specifications of the compliancdatabase, while ensuring the public accessibility of the database. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).
Amendment 545 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained by the verifierand calculated by the verifier, the yearly exceptions applied under Article 5(3), if any, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.
Amendment 546 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. By 30 June of each year, the Commission shall make publicly available all the information recorded in the database for a given reporting period. Information for previous reporting period shall remain publicly available at any time. The information shall be provided in an open, downloadable and raw format without anonymization or further aggregation.
Amendment 550 #
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. If the ship ceases operation before fulfilling the advance compliance surplus, it shall pay a penalty calculated in accordance with Article 20. The advance compliance surplus may not be borrowed:
Amendment 551 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) for the amount exceeding by more than 21% the limit set out in Article 4(2), multiplied by the energy consumption of the ship calculated in accordance with Annex I;
Amendment 552 #
Proposal for a regulation
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(b a) by a ship that is in its last year of operation;
Amendment 553 #
Proposal for a regulation
Article 17 – paragraph 2 – point b b (new)
Article 17 – paragraph 2 – point b b (new)
(b b) by a ship that has taken over a borrowed advance compliance surplus from a ship that has ceased operation;
Amendment 554 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. By 30 April of the year following the reporting period, the company shall record the advance compliance surplus, following approval by its verifier, in the compliance databasedatabase referred to in Article 16.
Amendment 555 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. The compliance balances of two or more ships, which are verified by the same verifier, may be pooled for the purposes of fulfilling the requirements of Article 4. A ship with an excess compliance balance may participate in the pool provided it uses renewable fuels of non-biological origin, as defined in article 9(1) b), or zero-emission technologies as defined in Annex III. A ship’s compliance balance may not be included in more than one pool in the same reporting period.
Amendment 557 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. By 30 March of the year following the reporting period, the company shall notify to the verifier the intention of including the ship’s compliance balance in a pool for the immediately preceding reporting period. In the case where the ships participating in the pool are controlled by two or more companies, but verified by a same verifier, the companies shall make a joint notification to the verifier. In the case where the ships participating in the pool are controlled by two or more companies and are verified by two or more distinct verifiers, the companies shall make a joint notification to one of the verifiers designated from among the latter as responsible verifier.
Amendment 558 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. By 30 April of the year following the reporting period, the pool shall be recorded in the compliance database by the verifier or by the responsible verifier. The composition of the pool shall not change after that date.
Amendment 559 #
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 verifiersuch deficit shall be added to the ship’s balance in the following reporting period, and the company shall pay a dissuasive penalty double the amount and cost of renewable fuels that the ships should have used to meet the requirements of this Regulation. The administering authority with respect to the shipping company shall calculate the amount of the penalty on the basis of the formula specified in Annex V.
Amendment 562 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The company shall pay a dissuasive penalty for each non-compliant port call. The verifieradministering authority with respect to the shipping company shall calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on- board and by the number of completed hours spent at berth.
Amendment 563 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The company shall pay a dissuasive penalty for each non-compliant Arctic voyage. The administering authority with respect to the shipping company shall calculate the penalty as the double of the cost difference between the costs of distillate and the costs of the fuel used. The costs shall be determined as the Rotterdam spot price on the day of commencement of the voyage.
Amendment 568 #
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Notwithstanding Article 19(1), the verifier shall issue a FuelEU certificate of compliance onceafter the penalties referred to in paragraphs 1 and 2 of this Article have been paid for a maximum of two consecutive years. For the second consecutive year of non-compliance both the penalties, referred to in paragraphs 1 and 2 of this Article have been paid, and the compliance deficit to be added to the ship’s balance in the following reporting period shall be doubled. For a third year of non- compliance the verifier shall not issue a FuelEU certificate of compliance. The actions referred to in this Article as well as the proof of the financial payments in accordance with Article 21 shall be recorded in the FuelEU certificate of compliance.
Amendment 570 #
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 and 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 572 #
Proposal for a regulation
Article 20 – paragraph 4
Article 20 – paragraph 4
4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into accountas soon as the developments in the cost of energy undermine the dissuasive effect of those penalties.
Amendment 573 #
Proposal for a regulation
Article 20 – paragraph 4 a (new)
Article 20 – paragraph 4 a (new)
4a. By 1 January 2027, the Commission shall adopt a delegated act in accordance with Article 26 supplementing this Regulation by laying down the formula for the calculation of the amount of the penalty for failing to comply with the RFNBOs mandate set out in Article 4(2), point (b), the criteria for its application and the rules for its enforcement.
Amendment 574 #
Proposal for a regulation
Article 20 – paragraph 4 b (new)
Article 20 – paragraph 4 b (new)
4b. The port of call shall pay a penalty for failing to provide sufficient supply of shore-side electricity through shore installation that allows for the use of most commonly used on-board on-shore power equipment. By 1 January 2025, the Commission shall adopt a delegated act in accordance with Article 26 to lay down the formula for the calculation of the amount of the penalty and for the criteria of application and rules for enforcement.
Amendment 575 #
Proposal for a regulation
Article 21 – title
Article 21 – title
Allocation of penalties to support renewable and low-carbon fuels inthe just ecological transition of the maritime sector
Amendment 576 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sectorto accelerate the just ecological transition of the maritime sector by means of the rapid improvement of energy and operational efficiency of ships, the deployment of zero-emission propulsion technologies and the uptake of sustainable renewable energy in the maritime sector, as well as to the help the protection, restoration and better management of marine ecosystems. These revenues should be allocated to the Ocean Fund1a. In any case, at least 20% of the yearly revenues generated from the payment of the penalties shall be used to contribute to the protection, restoration and better management of marine ecosystems. Projects financed by the funds collected from the penalties shall apply the energy efficiency first principle and stimulate the production of greater quantities of renewable and low carbon fuelsustainable renewable fuels and on-board renewable generation solutions for the maritime sector, facilitate the construction of appropriatthe relative bunkering facilities or, electric connection porints in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions. a zero-emission, highly energy efficient and fully renewable based maritime sector as soon as possible. Projects financed by the funds collected shall contextually support, in dialogue with social partners, the redeployment, re- skilling and up-skilling of the workers to provide the environmentally friendly and technology-related skills required for the transition. __________________ 1a As was agreed by the European Parliament voted on Wednesday, 16 September 2020 on the revision of the "MRV Regulation" (Regulation (EU) 2015/757).
Amendment 586 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. 20% of the yearly collected penalties referred to in paragraph 1 shall be used to contribute to the protection, restoration and better management of marine ecosystems impacted by global warming, such as marine protected areas, and to promote a crosscutting sustainable blue economy, such as renewable marine energy. All the projects supported by the funds collected from penalties shall be recorded and made available to the public.
Amendment 592 #
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 InnovatioOcean Fund referred to in Article 10a(8)X of Directive 2003/87/EC and used to finance programmes according to the principles and objectives established in Paragraph 1 and 1a. 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 596 #
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement this Regulation concerning the modalities for the payment of the penalties referred to in Article 20(1) and 20(2) and the modalities for making the information on the supported projects available to the public.
Amendment 598 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [dd/mm/20xx],31 July 2024 and shall notify to the Commission without delay any subsequent amendments. By 1 January 2025, the Commission shall report to the European Parliament and the Council the overview of the national measures lay down by Member States and report without delay any subsequent amendments.
Amendment 599 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Each Member State shall ensure that any inspection of a ship in a port under its jurisdiction carried out in accordance with Directive 2009/16/EC includes checking that a valid FuelEU certificate of compliance is carried on board and standard procedures applied for port calls by the port authorities.
Amendment 600 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Where a ship has failed to present a valid FuelEU certificate of compliance for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance, the competent authority of the Member State of the port of call mayshall, after giving the opportunity to the company concerned to submit its observations, issue an expulsion order. The competent authority of the Member State shall notify the expulsion order to the Commission, the other Member States and the flag State concerned. Every Member State, with the exception of any Member State whose flag the ship is flying, shall refuse entry of the ship which is subject to the expulsion order into any of its ports until the company fulfils its obligations. Where the ship flies the flag of a Member State, the Member State concerned shall, after giving the opportunity to the company concerned to submit its observations, order a flag detention until the company fulfils its obligations as set out by this Regulation.
Amendment 601 #
Proposal for a regulation
Article 23 – paragraph 5
Article 23 – paragraph 5
5. Sanctions against a specified ship by any Member State shall be notified to the Commission, to the other Member States and to the flag State concerned. The Commission shall record each notified sanction in the database.
Amendment 603 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Member States shall designate one or more independent competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). They shall communicate their names and contact information to the Commission. The Commission shall publish on its website , and on the database, the list of competent authorities.
Amendment 606 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(63a, 4(3), 4(4), 5(4), 9(37(4), 13(3), 20(4), 20(4a) 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 609 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The delegation of power referred to in Articles 4(73a, 4(3), 4(4), 5(4), 9(37(4), 13(3), 20(4), 20(4a) 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 611 #
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. A delegated act adopted pursuant to Articles 4(73a, 4(3), 4(4), 5(4), 9(37(4), 13(3), 20(4), 20(4a) 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 612 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. The Commission shall report to the European Parliament and the Council, by 1 January 203027 and every 5 years thereafter, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuelszero-emission technologies and sustainable renewable energy in maritime transport and its impact on the maritime sector in the Union. TIn the report the Commission shall consider possible amendments toalso examine the ambition and overall environmental integrity of the Regulation in relation to the targets under the Paris Agreement, to the Union economy-wide GHG emissions reduction target for 2030 and to the climate-neutrality objective as defined in the European Climate Law, as well as to the Renewable energy and Energy efficiency targets. The Commission shall consider amendments to the entire proposal regarding its environmental integrity and effectiveness in relation to the Paris Agreement, the Union’s GHG emissions reduction targets and the energy legislation, and at least:
Amendment 616 #
Proposal for a regulation
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(a) make the limit referred to in Article 4(2) more stringent;
Amendment 617 #
Proposal for a regulation
Article 28 – paragraph 1 – point a a (new)
Article 28 – paragraph 1 – point a a (new)
(a a) strengthen the operational and energy efficiency target in Article 3 a (new) and extend it, in a suitable form, beyond 2030;
Amendment 619 #
Proposal for a regulation
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) limit the exceptions listed in Article 5(3).
Amendment 630 #
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The European Parliament through its competent committees may provide an opinion on the report by the Commission including proposals for amending this Regulation.
Amendment 631 #
Proposal for a regulation
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. The Commission shall reply in writing to the opinion adopted by the European Parliament as well as respond to any call for action concerning the different provisions of the Regulation, including providing justifications for foreseen inaction, and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt.
Amendment 632 #
Proposal for a regulation
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. In the event of the adoption by the International Maritime Organization of a global fuel standard and before that or corresponding measures take effect, the Commission shall submit a report to the European Parliament and to the Council in which it shall examine the ambition and overall environmental integrity of the measures decided upon by IMO, including their general ambition in relation to targets under the Paris Agreement, to the Union economy-wide GHG emissions reduction target for 2030 and to the climate-neutrality objective as defined in Regulation (EU) .../... [European Climate Law]. Where appropriate, the Commission may accompany the report referred to in paragraph 1a with a legislative proposal to the European Parliament and to the Council to amend this Regulation in a manner that is consistent with the aim of preserving the environmental integrity and effectiveness of Union climate action, in particular the Union economy-wide GHG emissions reduction target for 2030 and the climate-neutrality objective as defined in Regulation (EU) .../... [European Climate Law].
Amendment 633 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
The following point shall be added to the list set out in Annex IV to Directive 2009/16/EC: ‘51. The FuelEU certificate of compliance issued under Regulation (EU) xxxx on the use of renewable and low- carbon fuelenergy efficiency and the use of renewable energy sources in maritime transport’.
Amendment 637 #
Proposal for a regulation
Annex I – equation 1
Annex I – equation 1
GHG intensity WtT TtW index GHG intensity ∑ni fuelMi × CO2eq WtT,i × LCVi + ∑ckEk × CO2eqelectricity,k ∑ni fuel∑m j engine ( Mi,j × [ 1 ― 1 C ) 100 engine slip j × (CO2eq,TtW,j) + ( 1 C 100 engine slip j ) × CO2eq TtW, slippage,j ] index [ gCO2eq MJ ] ∑ni∑in fuelMi × LCVi × 𝐌𝐔𝐋𝐓𝐢 + ∑𝐜𝐥𝐤𝐄𝐤 + + ∑𝐧𝐬𝐄𝐬 + ∑𝐧𝐰𝐄𝐰 + ∑ni fuelMi × LCVi × 𝐌𝐔𝐋𝐓𝐢 + ∑lkEk + ∑𝐧𝐬𝐄𝐬 + ∑𝐧𝐰𝐄𝐰 =
Amendment 641 #
Proposal for a regulation
Annex I – table 1 – row 4 a (new)
Annex I – table 1 – row 4 a (new)
w Index corresponding to the wind installations (n) where energy is supplied per wind installation.
Amendment 642 #
Proposal for a regulation
Annex I – table 1 – row 4 b (new)
Annex I – table 1 – row 4 b (new)
s Index corresponding to the solar installations (p) where electricity is supplied per solar installation.
Amendment 647 #
Proposal for a regulation
Annex I – table 1 – row 8 a (new)
Annex I – table 1 – row 8 a (new)
Ew Energy delivered to the ship per wind installation (w) if more than one [MJ]
Amendment 648 #
Proposal for a regulation
Annex I – table 1 – row 8 b (new)
Annex I – table 1 – row 8 b (new)
Es Electricity delivered to the ship per solar installation point (s) if more than one [MJ]
Amendment 650 #
Proposal for a regulation
Annex I – table 1 – row 17
Annex I – table 1 – row 17
GWPCO2,GWPCH4, ,GWP N2O CO2, CH4, N2O Global Warming Potential over 1020 years
Amendment 654 #
Proposal for a regulation
Annex I – table 1 – row 17 a (new)
Annex I – table 1 – row 17 a (new)
MULTi Multiplier applied to RFNBO fuel i
Amendment 655 #
Proposal for a regulation
Annex I – paragraph 4 – subparagraph 1
Annex I – paragraph 4 – subparagraph 1
Amendment 659 #
Proposal for a regulation
Annex I – paragraph 4 a (new)
Annex I – paragraph 4 a (new)
The term MULT in the denominator of Equation (1) shall be set to five for the amount of RFNBOs or direct use of renewable energy exceeding the 14% of a ship’s yearly average energy used on- board during a reporting period, as referred to in article 4.2a new.
Amendment 663 #
Proposal for a regulation
Annex I – subheading 7
Annex I – subheading 7
Amendment 668 #
Proposal for a regulation
Annex II – table
Annex II – table
LNG Otto (dual fuel 3,1 medium Bio-LNG speed) Main Ref. to 2,755 LNG Otto products / Directive MEPC245 (66), 0,05 (dual fuel 0,00005 0 0,000181 1,7 wastes / (EU) Regulation (EU) slow speed) Feedstock 2018/2001 2015/757 mix LNG Diesel 0.2 (dual fuels) LBSI N/A
Amendment 672 #
Proposal for a regulation
Annex III – table – row 2
Annex III – table – row 2
Fuel cells Fuel cells used on board for power generation while at berth should be fully powered by renewable energy renewable and low carbon fuel sources.
Amendment 673 #
Proposal for a regulation
Annex III – table – row 3
Annex III – table – row 3
Amendment 676 #
Proposal for a regulation
Annex III – table – row 4 a (new)
Annex III – table – row 4 a (new)
On-board electricity production from renewable The fuels used should be renewable fuels fuels of non-biological origin according to Annex 2.
Amendment 677 #
Proposal for a regulation
Annex III – table – row 4 b (new)
Annex III – table – row 4 b (new)
On-board electricity production from renewable Any technology that is suitable for providing fuels of non-biological origin from mobile electricity to ships through the usage of installations renewable fuels according to Annex 2.
Amendment 678 #
Proposal for a regulation
Annex III – paragraph 3
Annex III – paragraph 3
The use of these zero-emission technologies shall continuously achieve emissionsthe same GHG and air pollutant emissions reductions at berth that are equivalent to the emissions reductions that would be achieved by using on-shore power supply for the entire energy needs while at berth.
Amendment 680 #
Proposal for a regulation
Annex IV – paragraph 2 – point 5 – paragraph 1 – introductory part
Annex IV – paragraph 2 – point 5 – paragraph 1 – introductory part
The confirmation, proven by reasonable evidence, from the managing body of the port that the ship was found among any of the following cases:
Amendment 683 #
Proposal for a regulation
Annex V – paragraph 2 – table
Annex V – paragraph 2 – table
𝒏 𝑓𝑢𝑒𝑙 𝒍 Compliance balance [gCO2eq/MJ] = (GHGIEtarget - GHGIEactual) x [∑𝑖 𝑀𝑖 × 𝐿𝐶𝑉𝑖 + ∑𝑖 𝐸𝑖 ]
Amendment 689 #
Proposal for a regulation
Annex V – paragraph 4 – table
Annex V – paragraph 4 – table
Penalty = (C- compliance balance) / GHGIEactual) x conversion factor from MJ to tonnes / (LCVVLSFO*1000*3000€/t) Where: of LCVVLSFO (= 41.0 MJ / kg) x EUR 2400 /kg