24 Amendments of Andris AMERIKS related to 2021/0211(COD)
Amendment 45 #
Proposal for a directive
Recital 15
Recital 15
(15) In 2013, the Commission adopted a strategy for progressively integrating maritime emissions into the Union's policy for reducing greenhouse gas emissions. As a first step in this approach, the Union established a system to monitor, report and verify emissions from maritime transport in Regulation (EU) 2015/757 of the European Parliament and of the Council47 , to be followed by the laying down of reduction targets for the maritime sector and the application of a market based measure. In line with the commitment of the co- legislators expressed in Directive (EU) 2018/410 of the European Parliament and of the Council48 , action by the International Maritime Organization (IMO) or the Union should start from 2023, including preparatory work on adoption and implementation of a measure ensuring that the sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement and due consideration being given by all stakeholders. These actions should avoid creating carbon leakage, and should take due consideration of the competitiveness of the European maritime industry, in particular the competitive position of EU ports. _________________ 47Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55). 48Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p. 3).
Amendment 46 #
Proposal for a directive
Recital 16
Recital 16
(16) Pursuant to Directive (EU) 2018/410, the Commission should report to the European Parliament and to the Council on the progress achieved in the IMO towards an ambitious emission reduction objective, and on accompanying measures to ensure that the maritime transport sector duly contributes to the efforts needed to achieve the objectives agreed under the Paris Agreement in line with the principle of the polluter pays. Efforts to limit global maritime emissions through the IMO are under way and should be encouraged. However, while the recent progress achieved through the IMO is welcome, these measures will not be sufficient to achieve the objectives of the Paris Agreement. Given the international character of shipping, a global market- based measure would be the most suitable and effective option. The European Union should therefore further increase the pressure on the International Maritime Organization (IMO) to make progress on the development of such a global market- based measure. Overall, EU initiatives addressing emissions from shipping should be compatible with IMO efforts in order to avoid carbon leakage and leakage of business to ports outside Europe.
Amendment 48 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Evasive port calls at neighbouring non-EU ports could seriously jeopardise the effectiveness of the maritime ETS, as it would not reduce total shipping emissions. It could even increase overall emissions, in particular when evasion leads to longer voyages. Possible evasive action must be avoided and the polluter pays-principle upheld. To that end, possible measures could include considering the evasive call to/from a non-EU neighbouring port as a call to an EU port when calculating the emissions falling under this Directive. To that effect, the scope of voyages to be reported in the EU MRV Regulation (EU)2015/757 should be expanded to include a requirement to report entire voyages involving these neighbouring ports.
Amendment 51 #
Proposal for a directive
Recital 17
Recital 17
(17) In the European Green Deal, the Commission stated its intention to take additional measures to address greenhouse gas emissions from the maritime transport sector through a basket of measures to enable the Union to reach its emissions reduction targets. In this context, Directive 2003/87/EC should be amended to include the maritime transport sector in the EU ETS in order to ensure this sector contributes to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement, which requires developed countries to take the lead by undertaking economy-wide emission reduction targets, while developing countries are encouraged to move over time towards economy-wide emission reduction or limitation targets.49 Considering that emissions from international aviation outside Europe should be capped from January 2021 by global market-based action while there is no action in place that caps or prices maritime transport emissions, it is appropriate that the EU ETS covers a share of the emissions from voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country, with the third country being able to decide on appropriate action in respect of the other share of emissions. Unlike maritime transport, the risk of evasive behaviour is very limited in case of air transport. The extension of the EU ETS to the maritime transport sector should thus include half of the emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the emissions from ships performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, emissions from ships performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and emissions at berth in a port under the jurisdiction of a Member State. This approach has been noted as a practical way to solve the issue of Common but Differentiated Responsibilities and Capabilities, which has been a longstanding challenge in the UNFCCC context. The coverage of a share of the emissions from both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of the EU ETS, notably by increasing the environmental impact of the measure compared to a geographical scope limited to voyages within the EU, while limiting. Such an approach is however not tackling sufficiently the risk of evasive port calls and, the risk of delocalisation of transhipment activities outside the Union, as well as the possible negative impact on connectivity of EU ports. Furthermore, the definition of port call applied in the EU ETS Directive and in Regulation (EU) 2015/757should consider the risk of carbon and business leakage arising from the implementation of a regional ETS. Accordingly, the definition of port call must account for, and help prevent, vessels evading the EU ETS through evasive port calls on ports in countries neighbouring the EU. To that end, a port call must include a significant transfer of cargo from one vessel to another for the purposes of transhipment, or significant bunkering. To ensure a smooth inclusion of the sector in the EU ETS and considering the developments at global level, the surrendering of allowances by shipping companies should be gradually increased with respect to verified emissions reported for the period 2023 to 2025. To protect the environmental integrity of the system, to the extent that fewer allowances are surrendered in respect of verified emissions for maritime transport during those years, once the difference between verified emissions and allowances surrendered has been established each year, a corresponding a number of allowances should be cancelled. As from 2026, shipping companies should surrender the number of allowances corresponding to all of their verified emissions reported in the preceding year. _________________ 49 Paris Agreement, Article 4(4).
Amendment 57 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) To avoid the negative impacts in terms of emission reduction and competitiveness of a regional measure, Directive 2003/87/EC should find solutions to limit the risk of carbon leakage linked to rerouting and evasion calls, as well as recognise and mitigate the possible negative impacts of such a regional system on the competitiveness and connectivity of ports in Europe, as well as the possible negative impact on the modal split;
Amendment 60 #
Proposal for a directive
Recital 18
Recital 18
(18) The provisions of Directive 2003/87/EC as regards maritime transport activities should be kept under review in light of future international developments and efforts undertaken to achieve the objectives of the Paris Agreement, including the second global stocktake in 2028, and subsequent global stocktakes every five years thereafter, intended to inform successive nationally determined contributions. In particular, the Commission should report any time before the second global stocktake in 2028 - and therefore no later than by 30 September 2028 - to the European Parliament and to the Council on progress in the IMO negotiations concerning a global market- based measure. In its report, the Commission should analyse the International Maritime Organization instruments and, assess, as relevant, how to implement those instruments in Union law through a revision of Directive 2003/87/EC. In its report, the Commission should include proposals as appropriate. the event that a global market-based measure has been adopted at IMO level leading to greenhouse gas emission reductions which are in line with the Paris agreement and have an equivalent impact to the Union measures, the Commission should review the Union measures to avoid the creation of a double burden and align the Union measures with the global measure, in view of achieving an effective instrument to boost the greening of the shipping sector.
Amendment 61 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Before the entry into force of the provisions of Directive 2003/87/EC in relation to maritime transport activities, the Commission should make a full impact assessment, in close cooperation with the relevant stakeholders, based on real data, of the possible impacts and risk of these provisions on carbon leakage, moves of calls and port business to ports outside the EU, connectivities of ports in Europe and where relevant on the modal shift. Such a dedicated impact assessment is a precondition for the EU ETS to work as intended. If the impact assessment finds that there is indeed a risk of a negative impact on the maritime sector and ports, the Commission shall propose measures to prevent such negative effects and to ensure the effectiveness of the EU ETS. Alignment with a market-based measure developed in the IMO should be closely examined as a means of addressing potential negative impacts of a regional ETS scope. Furthermore, a gathered impact assessment investigating the effect of all Fit for 55 proposals that address and/or affect the maritime sector and ports on emissions reductions and competitiveness should also be carried out.
Amendment 64 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to reduce the administrative burden on shipping companies, one Member State should be responsible for each shipping company. The Commission should publish an initial list of shipping companies that performed a maritime activity falling within the scope of the EU ETS, which specifies the administering authority in respect of each shipping company. The list should be updated at least every two years to reattribute shipping companies to another administering authority as relevant. For shipping companies registered in a Member State, the administering authority should be that Member State. For shipping companies registered in a third country, the administering authority should be the Member State in which the shipping company had the greatest estimated number of port calls from voyages falling within the scope of Directive 2003/87/EC in the last two monitoring years. For shipping companies registered in a third country and which did not perform any voyage falling within the scope of Directive 2003/87/EC in the last two monitoring years, the administering authority should be the Member State from where the shipping company started its first voyage falling within the scope of that Directive. The Commission should publish and update on a biennial basis a list of shipping companies falling within the scope of Directive 2003/87/EC specifying the administering authority for each shipping company. In order to ensure equal treatment of shipping companies, Member States should follow harmonised rules for the administration of shipping companies for which they have responsibility, in accordance with detailed rules to be established by the Commission. These rules must abide by the principle of polluter pays. The expected effects of attribution on the allocation of revenues to individual Member States should be modelled and clearly accounted for, especially since only a third of vessels calling on ports in the EU fly a flag of an EU Member State.
Amendment 72 #
Proposal for a directive
Recital 28
Recital 28
(28) Achieving the increased climate ambition will require substantial public resources in the EU as well as national budgets to be dedicated to the climate transition. To complement and reinforce the substantial climate-related spending in the EU budget, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. This includes the use for financial support to address social aspects in lower- and middle-income households by reducing distortive taxes. Further, to address distributional and social effects of the transition in low-income Member States, an additional amount of 2,5 % of the Union-wide quantity of allowances from [year of entry into force of the Directive] to 2030 should be used to fund the energy transition of the Member States with a gross domestic product (GDP) per capita below 65 % of the Union average in 2016-2018, through the Modernisation Fund referred to in Article 10d of Directive 2003/87/EC. For the EU ETS to serve its stated aim of lowering emissions and enabling decarbonisation, a substantial share of the EU ETS revenues generated by the maritime sector or the equivalent amount should be used to enable the decarbonisation of the maritime sector and ports in the EU.
Amendment 107 #
Proposal for a directive
Recital 33
Recital 33
(33) The scope of the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC should be extended to support innovation in low-carbon technologies and processes that concern the consumption of fuels in the sectors of buildings and road transport. In addition, the Innovation Fund should serve to support investments to decarbonise the maritime transport sector, including investments in sustainable alternative fuels and the associated infrastructure, such as hydrogen and ammonia that are produced from renewables, provision of shore-side electricity, as well as zero-emission propulsion technologies like wind technologies. Considering that revenues generated from penalties raised in Regulation xxxx/xxxx [FuelEU Maritime]52 are allocated to the Innovation Fund as external assigned revenue in accordance with Article 21(5) of the Financial Regulation, the Commission should ensure that a share of these revenues flows help fund the necessary infrastructure investments supply in European ports. The Commission should also give due consideration is given to support for innovative projects aimed at accelerating the development and deployment of renewable and low carbon fuels in the maritime sector, as specified in Article 21(1) of Regulation xxxx/xxxx [FuelEU Maritime]. To ensure sufficient funding is available for innovation within this extended scope, the Innovation Fund should be supplemented with 50 million allowances, stemming partly from the allowances that could otherwise be auctioned, and partly from the allowances that could otherwise be allocated for free, in accordance with the current proportion of funding provided from each source to the Innovation Fund. _________________ 52[add ref to the FuelEU Maritime Regulation].
Amendment 115 #
Proposal for a directive
Recital 35
Recital 35
(35) Carbon Contracts for Difference (CCDs) are an important elementcould help to trigger emission reductions in industry, offering the opportunity to guarantee investors in infrastructure and innovative climate- friendly technologies a price that rewards CO2 emission reductions above those induced by the current price levels in the EU ETS. The range of measures that the Innovation Fund can support should be extended to provide support to a limited number of pilot and innovative projects through price- competitive tendering, such as CCDs. The Commission should be empowered to adopt delegated acts on the precise rules for this type of support, which should ensure significant environmental gains from any potential use of ETS revenues for such CCDs, and avoid hindering innovation and the development of future alternative fuels through bridging the price gap between fossil fuels and existing alternative fuels. To avoid misallocation of limited resources, and to support technology- neutral maritime decarbonisation without creating market distortions, the potential use of CCDs should be limited to supporting innovative pilot projects and the deployment of port infrastructure.
Amendment 176 #
Proposal for a directive
Recital 67
Recital 67
(67) It is necessary to amend Regulation (EU) 2015/757 to take into account the inclusion of the maritime transport sector in the EU ETS. Regulation (EU) 2015/757 should be amended to oblige companies to report aggregated emissions data at company level and to submit for approval their verified monitoring plans and aggregated emissions data at company level to the responsible administering authority, along with information on port calls in countries neighbouring the EU including information on cargo transfers and/or bunkering operations as provided in the bill of lading. The EU MRV reporting requirements should also include reporting on the emissions from all legs of voyages involving these ports. In addition, the Commission should be empowered to adopt delegated acts to amend the methods for monitoring CO2 emissions and the rules on monitoring, as well as any other relevant information set out in Regulation (EU) 2015/757, to ensure the effective functioning of the EU ETS at administrative level and to supplement Regulation (EU) 2015/757 with the rules for the approval of monitoring plans and changes thereof by administering authorities, with the rules for the monitoring, reporting and submission of the aggregated emissions data at company level and with the rules for the verification of the aggregated emissions data at company level and for the issuance of a verification report in respect of the aggregated emissions data at company level. The data monitored, reported and verified under Regulation (EU) 2015/757 might also be used for the purpose of compliance with other Union law requiring the monitoring, reporting and verification of the same ship information.
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g – Paragraph 1 a (new)
Article 3g – Paragraph 1 a (new)
1 a. For the allocation of allowances and the application of the requirement to surrender allowances in accordance with Paragraph 1, ports in countries adjacent to and/or connected by the same sea basin as an EU Member State shall be reported in the same manner as ports falling under the jurisdiction of a Member State. Vessels that are demonstrably engaged in regional short sea connectivity between the EU and ports in countries adjacent to and/or connected by the same sea basin as an EU Member State and their respective hinterlands shall be exempted from this requirement.
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2003/87/EC
Article 3g –Paragraph 1 b (new)
Article 3g –Paragraph 1 b (new)
1 b. Countries neighbouring the Union that have struck bilateral agreements to address emissions from voyages involving their ports under the EU ETS and the Energy Taxation Directive are excluded from Paragraph 1b [which sets out the scope of the ETS].
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3gd Paragraph 2a (new)
Article 3gd Paragraph 2a (new)
(ba) in Article 3gd, the following paragraph is added: '2a.The expected effects of attribution on the allocation of revenues to individual Member States shall be modelled and clearly accounted for.
Amendment 202 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Article 3ge
Paragraph 2a
in Article 3ge, the following paragraph is added: '2a. By 2023 / before the entry into force of the provisions outlined in Chapter II entitled “Aviation and Maritime Transport”, the Commission shall make a full impact assessment, in close cooperation with the relevant stakeholders, based on real data, of the possible impacts and risk of these provisions on carbon leakage, moves of calls and port business to ports outside the EU, connectivities of ports in Europe and where relevant on the modal shift. Negative impacts identified by this assessment shall be addressed by the Commission through amendments to this Chapter and other provisions relevant to the maritime EU ETS. Alignment with a market-based measure developed in the IMO shall be closely examined as a means to address potential negative impacts.
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge – Paragraph 1
Article 3ge – Paragraph 1
1. The Commission shall consider possible amendments in relation to the adoption by the International Maritime Organization of a global market-based measure to reduce greenhouse gas emissions from maritime transport to ensure a global approach. In the event of the adoption of such a measure, and in any event before the 2028 global stocktake and no later than 30 September 2028, the Commission shall present a report to the European Parliament and to the Council in which it shall examine any such measure. Where appropriate, the Commission may follow to the report with a legislative proposal to the European Parliament and to the Council to amend this Directive as appropriate. in order to align EU legislation with measures taken on the global level. By 2023/Before the entry into force of the provisions outlined in Chapter II entitled “Aviation and Maritime Transport”, the Commission shall make a full impact assessment, in close cooperation with the relevant stakeholders, based on real data, of the possible impacts and risk of these provisions on carbon leakage, delocation of calls and port business to ports outside the EU, connectivities of ports in Europe and where relevant on the modal shift. Negative impacts identified by this assessment shall be addressed by the Commission through amendments to this Chapter and other provisions relevant to the maritime EU ETS. Alignment with a market-based measure developed in the IMO should be closely examined as a means to address potential negative impacts.
Amendment 205 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2003/87/EC
Article 3ge - Paragraph 2
Article 3ge - Paragraph 2
2. The Commission shall monitor the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requirements of this Directive. If appropriate, the Commission shall propose measures to prevent such avoidance.;carry out a comprehensive impact assessment on the gathered risk of evasion and its impact on emissions and competitiveness of the EU maritime sector resulting from the Fit for 55-package. The Commission shall also monitor and evaluate the implementation of this Chapter and possible trends as regards companies seeking to avoid being bound by the requirements of this Directive [6 months, 1 year] after its entry into force. Such trends can include, but are not limited to; a [clear] decrease in transhipment calls being made on ports in the Union, a noticeable increase in voyages coming from ports neighbouring the EU, an increase of port calls from feeder vessels, an overall decrease in port traffic in ports in the EU. If and when such trends have been established, the Commission shall propose measures to prevent such avoidance. This could include a revision of the design of the maritime EU ETS, including adjustments to the scope, and provision of financial support to maritime stakeholders, especially ports, who have been disproportionally affected. In order to effectively monitor the impact of the EU ETS and other relevant legislation [EU Energy Taxation Directive] on the maritime sector, the European Commission should benchmark the competitive standing of the EU maritime sector before the implementation of the maritime EU ETS, and evaluate its impact [6months, 1 year] after its entry into force.
Amendment 315 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 1
Article 10 a – paragraph 8 – subparagraph 1
8. 365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in low-carbon technologies and processes enabling the deployment of alternative fuels infrastructure, and contribute to zero pollution objectives (the ‘Innovation Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph.
Amendment 316 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2
Article 10 a – paragraph 8 – subparagraph 2
In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU(*), and shall be used in a timely manner for innovation support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) [FuelEU Maritime] shall be allocated to the Innovation Fund andwhere a substantial share of these revenues shall flow back to ports with the remainder implemented in line with this paragraph.
Amendment 323 #
Proposal for a directive
Article 1 – paragraph 1 – point 12 – point g
Article 1 – paragraph 1 – point 12 – point g
The Innovation Fund shall cover the sectors listed in Annex I and Annex III, including environmentally safe carbon capture and utilisation (“CCU”) that contributes substantially to mitigating climate change, as well as products substituting carbon intensive ones produced in sectors listed in Annex I, and to help stimulate the construction and operation of projects aimed at the environmentally safe capture and geological storage (“CCS”) of CO2, as well as of innovative renewable energy and energy storage technologies; in geographically balanced locations. The Innovation Fund may alsoshall support break- through innovative technologies and infrastructure to decarbonise the maritime sector and forwhere a substantial share of the EU ETS revenues generated by the maritime ETS, or an equivalent amount, shall be used to enable the decarbonisation of the sector. The Innovation fund may also support the production of low- and zero- carbon fuels in aviation, rail and road transport. Special attention shall be given to projects in sectors covered by the [CBAM regulation] to support innovation in low carbon technologies, CCU, CCS, renewable energy and energy storage, in a way that contributes to mitigating climate change.
Amendment 441 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
This Regulation applies to ships above 5 000 gross tonnage in respect of CO2 emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State. This Regulation also applies to ships arriving or departing from a port under the jurisdiction of a Member State to or from a port in a country neighbouring the EU/ports in countries in the same sea basin as an EU Member State. Voyages from countries neighbouring the Union that have struck bilateral agreements to address emissions from voyages involving their ports are not included.
Amendment 442 #
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
‘port of call’ means the port where a ship stops to load or unload a substantial share of total cargo, to refuel, or to embark or disembark passengers; consequently, stops for the sole purposes of 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 443 #
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
Based on the monitoring plan assessed in accordance with Article 13(1), for each ship arriving in or departing from, and for each voyage to or from, a port under a Member State's jurisdiction, companies shall monitor in accordance with Part A of Annex I and Part A of Annex II the following parameters: (a) port of departure and port of arrival including the date and hour of departure and arrival; (b) amount and emission factor for each type of fuel consumed in total; (c) CO2 emitted; (d) distance travelled; (e) time spent at sea; (f) cargo carried, including share of cargo being transhipped as per the bill of lading; (g) transport work. Companies may also monitor information relating to the ship's ice class and to navigation through ice, where applicable.