48 Amendments of Silvia MODIG related to 2023/0266(COD)
Amendment 18 #
Proposal for a regulation
Recital 1
Recital 1
(1) Supporting efforts towards better sustainability and efficiency of the Union transport system is prerequisite to maintain a stable path towards climate-neutrality by 2050 at the latest, at the same time taking due account of the need to preserve continuous growth andensure a just and inclusive transition, pursue growth within planetary boundaries and strengthen the competitiveness of the European industry.
Amendment 19 #
Proposal for a regulation
Recital 2
Recital 2
(2) Greenhouse gas emissions accounting is used in various economic sectors – including transport – to quantify greenhouse gas emissions data from specific activities of businesses and individuals. Better information on the performance of transport services is a powerful tool to lower the carbon footprint of public procurements, create right incentives for transport users for making more sustainable choices, and to influence business decisions of transport organisers and operators. Reliable and comparable greenhouse gas emissions data are the underlying requirement to create these incentives, and thus to stimulate a lower carbon footprint of public procurements and behavioural change among consumers and businesses alike, for contributing to objectives of the European Green Deal52 for transport, and the European Climate Law. _________________ 52 Communication from the Commission to the European Parliament, the European Council, the European Economic And Social Committee and the Committee of the Regions; The European Green Deal; COM(2019) 640 final
Amendment 29 #
Proposal for a regulation
Recital 6
Recital 6
(6) Laying down harmonised rules for accounting greenhouse gas emissions of freight and passenger transport services is therefore appropriate to attain comparable figures for greenhouse gas emissions of transport services and to avoid misleading information on their performance resulting from the possibility to choose between various emissions calculation methods and input data. Such rules should ensure a level playing field between transport modes, segments, and the Union’s national networks. It should also help create incentives to behavioural change among public bodies, businesses and other customers to reduce greenhouse emissions from transport services, especially when purchases are made entirely or partially with public funds, through the uptake and use of comparable and reliable greenhouse emissions data.
Amendment 41 #
Proposal for a regulation
Recital 8
Recital 8
(8) Despite benefits stemming from the increased transparency on the performance of transport services, mandatory application of this Regulation to all entities offering transport services on the Union market would be disproportionate and lead to excessive costs and burden. Therefore, this Regulation should apply only to those entities that decide or are bound by other relevant legislative and non-legislative regimes, to calculate and disclose information on greenhouse gas emissions of freight or passengers transport services that start or end on the territory of the Union. This consequently includes services, the origin or destination points of which are situated in a third country. Future developments and revisions should aim to expand the mandatory application of the Regulation, while taking into considerations the needs and limitations of SMEs.
Amendment 45 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Future developments and revisions of this Regulation should aim to include air pollutants to the scope. It is estimated that air pollution caused more than 300 000 premature deaths in the EU-28 in 201854a, while aggravating existing and causing new diseases. Transportation sector is a major contributor to air pollution, especially in urban areas. The inclusion of air pollutants to this Regulation would help create incentives to behavioural change among public bodies, businesses and other customers to reduce air pollution emissions from transport services, especially when purchases are made entirely or partially with public funds, through the uptake and use of comparable and reliable data. _________________ 54a EEA, 2020. Air quality in Europe – 2020 report.
Amendment 57 #
Proposal for a regulation
Recital 12
Recital 12
(12) EN ISO standard 14083:2023, published by the European Committee for Standardisation57 in April 2023, and transposing ISO standard 14083:2023, was chosen to be the reference methodology for calculating greenhouse gas emissions of transport services under this Regulation. The analysis showed that ISO standard 14083:2023 proved to be the most relevant and proportional in addressing the objectives of this Regulation. The quantification of emissions is performed on a well-to-wheel basis, which includes greenhouse gas emissions stemming from energy provision and vehicle use during transport and hub operations. The Commission should provide access to the ISO standard free of charge. _________________ 57 https://www.cencenelec.eu
Amendment 64 #
Proposal for a regulation
Recital 13
Recital 13
(13) Attention should be paid not to deviate from the original methodological choices of EN ISO standard 14083:2023, in order to avoid inconsistencies in the calculation of greenhouse emissions of transport services on the market, especially in the context of international transport chains. However, from time to time, it is appropriate to assess the need of a possible adjustment of EN ISO 14083:2023 from the perspective of Union policies, as well as future amendments to that standard that may be carried out by the European Committee of Standardisation, or another competent body. Especially relevant is to evaluate possible additional elements and added accuracy to reinforce positive environmental impact of the standard. In case these assessments show a risk that certain part of the standard may create undue imbalances in calculating greenhouse gas emissions of transport services in specific market segments or lead to discrepancies between that standard and the objectives of this Regulation or other applicable Union law, the Commission, in cooperation with Member States, may consider to request the European Committee for Standardisation to revise the standard accordingly, or to decide for the exclusion of that part of the standard from the scope of this Regulation.
Amendment 66 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) EN ISO standard 14083:2023 has its limitations, particularly the shortage that it does not considered greenhouse gas emissions from the whole lifecycle of transport services. Future developments of this Regulation should look into the possibilities and strive to adopt a reference methodology that takes into account greenhouse gas emissions from the whole lifecycle of transport services.
Amendment 72 #
Proposal for a regulation
Recital 15
Recital 15
(15) Different types of input data, including primary and secondary data, can be used to calculate greenhouse gas emissions of transport services. The use of primary data leads to most reliable and accurate results, and therefore should be prioritised to provide for the gradual uptake of these datamandatory in greenhouse gas emissions calculation processes. However, primary data might be unattainable or prohibitively expensive for certain stakeholders, especially SMEs. Therefore, the use of secondary data should be allowedSMEs. Therefore, SMEs should be allowed to use secondary data under clear conditions.
Amendment 78 #
Proposal for a regulation
Recital 17
Recital 17
(17) A core EU database of default values for greenhouse gas emission intensity should therefore be established to improve the comparability of greenhouse gas emissions results obtained in the application of this Regulation. However, given the sectorial, national and regional specificities of those default values across the Union, other relevant databases and datasets operated by third parties should be allowedThe Commission, with the assistance of the European Environmental Agency, establishing and maintaining the database should take into account as accurately as possible the sectorial, national and regional specificities of those default values across the Union. The database should include separate tables for each mode of transportation. Third parties should be allowed the possibility to contribute to database on the condition that they data they may provide undergoes a technical quality check at Union level. Third party input can be valuable especially in improving the accuracy of values in regards to sectorial, national and regional specificities.
Amendment 81 #
Proposal for a regulation
Recital 18
Recital 18
(18) When establishing greenhouse gas emission intensity of a transport service, greenhouse gas emission factors for transport energy carriers are required to derive estimates of greenhouse gas emissions reflecting the amount of energy used in well-to-wheel perspective. Hence, a central EU database of greenhouse gas emission factors of energy carriers should be set up to guarantee the comparability and quality of input data. Considering the positive effects of the use of zero-emission technologies and the need to incentivise these in the short term, the greenhouse gas emission factor of electricity should be counted as zero. The Commission could envisage the possibility to take into account the actual greenhouse gas emission factor of electricity at a later stage when reviewing or replacing the EN ISO standard 14083:2023, while ensuring that primary or secondary values of greenhouse gas factors of different fuels represent accurately their real-world emissions.
Amendment 86 #
Proposal for a regulation
Recital 19
Recital 19
(19) The development and maintenance of the EU databases of default values for greenhouse gas emission intensity and greenhouse gas emission factors, as well as the technical quality check of external databases and datasets operatthe data provided by third parties should be undertaken by a neutral and competent body operating at Union level. Given its remit, the European Environmental Agency is best placed to provide the necessary assistance for the proper implementation of this part of the Regulation. Where relevant, this work may rely on contribution from and be supported by other sectorial EU bodies, in accordance of separate Union law.
Amendment 91 #
Proposal for a regulation
Recital 22
Recital 22
(22) It is appropriate to lay down common metrics to express greenhouse gas emissions output data that underlie the comparability of those data and allow for effective benchmarking of various transport services. Common metrics should also enable clear communication from a data provider and accurate understanding of this communication by a data recipient. It should be clarified that concerned entities should not be able to reduce the volume of greenhouse gas emissions of the output data by using carbon removal units.
Amendment 93 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) In order to encourage environmentally sound behavioural choices, the Commission should establish a free of charge portal where users could examine the output data provided by entities pursuant to this Regulation. The portal should allow users to easily identify and compare the carbon footprint of different transport service providers within geographically specified locations and to see the proportion of transport services provided using zero-emission vehicles. The portal should allow query- based searches and downloads in order to for example support research in the field of transport services in the Union.
Amendment 94 #
Proposal for a regulation
Recital 22 b (new)
Recital 22 b (new)
(22 b) Colour coded communication schemes help citizens, especially those with limited knowledge about the issue at stake, to understand emission data and compare similar emissions and environmental friendliness of different service providers. Therefore, a colour coded communication scheme should be established for the greenhouse gas emissions of transport services via delegated act.
Amendment 102 #
Proposal for a regulation
Recital 26
Recital 26
(26) External calculation tools that are provided on the market for the broader commercial and non-commercial use can facilitate the accounting of greenhouse gas emissions of transport services, thus supporting its uptake by the wider groups of stakeholders. The use of these tools should be certified to guarantee that they conform to the requirements of this Regulation, especially as regards the use of the common reference methodology and an appropriate set of input data. The certification should specify whether the calculation tool supports calculation based on primary data. Furthermore, in order to create a common and easily comparable tool, as well as to reduce the administrative and financial burden on entities wishing to calculate their emissions, the Commission should develop a calculation tool that is publicly accessible and free of charge.
Amendment 111 #
Proposal for a regulation
Recital 28
Recital 28
(28) Administrative burden linked to the verification could be disproportionate for smaller companies and therefore it should be avoided. To that end, SMEs should be exempted from the requirements related to the verification, unless these enterprises wish to obtain a respective proof of compliance. In addition, l or they arge enterprises should take into account the principle of proportionality when considering requesting the verification of conformity from value chain partners, in particular SMEs.carrying out transport services as sub-contractors for larger entities that are under the scope of this Regulation.
Amendment 118 #
Proposal for a regulation
Recital 33
Recital 33
(33) In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of incentivising public procurements with a lower carbon footprint and behavioural change among businesses and customers to reduce greenhouse gas emissions from transport services, especially when purchases are made entirely or partially with public funds, through the uptake and use of comparable and reliable greenhouse gas emissions data to lay down rules on the accounting of greenhouse gas emissions of transport services. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with Article 5(4) on the Treaty on European Union.
Amendment 133 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3 a) ‘carbon removal unit’ means as a carbon removal unit as defined in Article 2 of [new Regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals].
Amendment 165 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. By [OP please insert the date of entry into force of this Regulation], the Commission shall make access to EN ISO 14083:2023 standard free of charge, in an easily accessible website.
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The CommissionNo later than [OP please insert date = the first day of the month following 24 months after the date of entry into force of this Regulation], the Commission shall present a report to the European Parliament and to the Council where it shall assess: (a) the need for anand possibility to replace the metholodogy referred in paragraph 1 with an alternative that takes into account the full lifecycle of the greenhouse gas emissions from transport services; (b) the need and possibility of other potential adjustments of any component of the standard referred to in paragraph 1, not later and (c) the feasibility and economic, environmental, health an 36 months after the date of application ofd social impacts of the inclusion of accounting of air pollution caused by transport services that start or end on the Union territory to the scope of this Regulation. The report may be, where appropriate, accompanied by a legislative proposal to amend this Regulation.
Amendment 173 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission is empowered to adopt delegated acts in accordance with Article 16 to request the European Committee on Standardisation to add additional elements, increase the accuracy or otherwise revise the standard referred to in paragraph 1, including based on the result of the assessment referred to in paragraph 2 and compliance check referred to in paragraph 3.
Amendment 180 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Entities referred to in Article 2 shall prioritise the use of primary data for calculating greenhouse gas emissions of a transport serviceuse primary data to calculate the greenhouse gas emissions of a transport service, with the exception of services provided by micro, small and medium- sized enterprises (SMEs) as defined in Commission Recommendation 2003/361/EC. SMEs shall prioritise the use of primary data for calculating greenhouse gas emissions of a transport service. By way of derogation from the first subparagraph, SMEs shall use primary data to calculate the greenhouse gas emissions of those transport service that they carry out as sub-contractors for entities referred to in Article 2 that are not themselves SMEs.
Amendment 189 #
Proposal for a regulation
Article 5 – paragraph 2 – point -a (new)
Article 5 – paragraph 2 – point -a (new)
(-a) the entity is able to prove that the use of primary data is not technically feasible or it would be prohibitively expensive;
Amendment 190 #
Proposal for a regulation
Article 5 – paragraph 2 – point a – point ii
Article 5 – paragraph 2 – point a – point ii
Amendment 214 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall ensure the maintenance, update and continuous development of the database referred to in paragraph 1, taking into account for the evolution of the technological state-of-the- art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions at least annually.
Amendment 218 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Access to the database referred to in paragraph 1, the possibility to submit feedback and to consult or use default emission intensity values shall be open to the public and free of charge.
Amendment 223 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Databases and datasets of default values for greenhouse gas emission intensity operatprovided by third parties
Amendment 226 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A developer of a database or dataset referred to in Article 5 (2), point (a)(ii) shall submit an application to the Commission for a technical quality check ofThird parties may submit additional data to the Commission concerning default values for greenhouse gas emission intensity includreflected in thate database or datasetpursuant to Article 6. The Commission, with the assistance of the European Environmental Agency, shall conduct the technical quality check for the data in accordance with the requirements set out in Articles 4 to 8 of this Regulation and may amend the core EU database of default values for greenhouse gas emission intensity pursuant to Article 6 based on the data.
Amendment 231 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Only databases and datasets of default emission intensity values that have been positively assessed in that technical quality check referred to paragraph 1 shall be used for the purpose of using secondary data in accordance with Article 5 (2), point (a)(ii)increasing the accurancy or otherwise develop the core EU database of default values for greenhouse gas emission intensity pursuant to Article 6.
Amendment 232 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The technical quality check is required as from 24 months after the date of the application of this Regulation, at the latest. A record of positive assessment of thate quality check pursuant to paragraph 1 shall be valid for two years.
Amendment 239 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. The Commission, with the assistance of the European Environmental Agency, shall establish a central EU database of default greenhouse gas emission factors referred to in Article 5(2), point (b). For the purposes of this Regulation, the default values for the greenhouse gas emission factor of electricity in the central EU database shall be set to zero.
Amendment 255 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission, with the assistance of the European Environmental Agency, shall ensure the maintenance, update and continuous development of the database referred to in paragraph 1, taking into account the evolution of the technological state-of-the-art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions at least annually.
Amendment 257 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Access to the database referred to in paragraph 1, the possibility to submit feedback and to consult or use default greenhouse gas emission factors for the transport energy carriers shall be open to the public and free of charge.
Amendment 265 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. By [OP please insert date = the first day of the month following 12 months after the date of entry into force of this Regulation], the Commission shall adopt a implementing act in accordance with Article 17, to supplement this Regulation by establishing a calculation tool for output data that shall be publicly- accessible and free of charge.
Amendment 266 #
Proposal for a regulation
Article 9 – paragraph 2 b (new)
Article 9 – paragraph 2 b (new)
2 b. Entities referred to in Article 2 shall not reduce the volume of greenhouse gas emissions of the output data by using carbon removal units.
Amendment 270 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Concerned entities shall disclose output data in a clear and unambiguous manner. When concerned entities disclose output data, in the communication accompanying this disclosure they shall include the following statement “Well-to- wheel greenhouse gas emissions calculated in accordance with Regulation [reference to this Regulation] of the European Parliament and the Council”, at least in one of the official languages of the EU, and where possible, in an official language of a Member State on the territory of which the service is performed. Concerned entities shall also include in this disclosure information on the share of the transport operation of their total transport services that has been conducted by zero-emission vehicles.
Amendment 276 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. By [OP please insert date = the first day of the month following 2 months after the date of entry into force of this Regulation], the Commission shall adopt implementing acts in accordance with Article 17 to lay down clear rules and the format on the disclosure of the output data for concerned entities pursuant to paragraph 1.
Amendment 280 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where output data are obtained and disclosed by a data intermediary on the basis of separate arrangements, the rules laid down in paragraph 1, 1a and Article 9(2b) and (3) shall apply. When disclosing output data, the data intermediary shall include a reference to the source of these data.
Amendment 289 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The output data and evidence referred to in paragraph 54 shall be established in a clear and unambiguous manner, at least in one of the official languages of the Union. Where possible, tThey shall be made available in the form of a weblink, QR code or equivalent and in the Portal pursuant to paragraph 7a.
Amendment 294 #
Proposal for a regulation
Article 10 – paragraph 7 a (new)
Article 10 – paragraph 7 a (new)
7 a. By [OP please insert date = the first day of the month following 12 months after the date of entry into force of this Regulation], the Commission shall establish a freely accesible internet portal that enables the users to view the newest information on the output data provided of by entities covered by this Regulation, including the share of transport operation of the entities’ total transport services that has been conducted by zero-emission vehicles.The portal shall include the possibility to compare entities in geographically specified locations and to make query-based searches and downloads. The Commission and the Member States shall actively promote the portal to its potential users.
Amendment 296 #
Proposal for a regulation
Article 10 – paragraph 7 b (new)
Article 10 – paragraph 7 b (new)
7 b. By [OP please insert date = the first day of the month following 6 months after the date of entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with Article 16, to supplement this Regulation by establishing a colour coded communication scheme for the greenhouse gas emissions of transport services that allows comparison of emissions between entities pursuant to Article 2 and different modes of transportation services pursuant to this Regulation.The communication scheme shall be used to visualize the emission levels of output data pursuant to the portal referred in paragraph 7a. The communication scheme pursuant to the first subparagraph shall be reviewed regularly.
Amendment 304 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The verification requirements referred to in paragraph 1 shall apply to concerned entities referred to Article 2, with the exception of micro, small and medium-sized enterprises referred to in Commission Recommendation 2003/361/EC66 . The micro, small and medium-sized enterprises may undergo the verification upon their request. By way of derogation from the first subparagraph, SMEs shall be subject to verification requirements referred to in paragraph 1 for those transport service that they carry out as sub-contractors for entities referred to in Article 2 that are not themselves SMEs. _________________ 66 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 314 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Where the verification assessment identifies incorrect calculations or non- compliance with Articles 4 to 9 of this Regulation, the conformity assessment body shall inform the entity concerned thereof in a timely manner. That entity shall then correct within 90 days the calculation or remedy non-conformities so as to enable the verification process to be completed.
Amendment 317 #
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. The entity concerned shall provide within 30 days the conformity assessment body with any additional information that enables it to carry out the verification procedures. The conformity assessment body may conduct checks during the verification process to determine the reliability of data and calculations.
Amendment 319 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. The conformity assessment body concerned shall draw up and maintain an up-to-date list of the entities that have undergone and successfully completed or failed to complete the verification pursuant to paragraphs 1 to 6. By 31 March each year, the conformity assessment body shall notify that list to the Commission. The Commission shall make the list publicly available in the portal referred to in Article 10(7a).
Amendment 335 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission shall carry out an evaluation report of this Regulation in light of the objectives that it pursues and present a report on the. The report shall also evaluate the potential benefits and means of using the data produced in this Regulation to lower the carbon footprint of public procurements in the Union and its Member States. In addition, the report shall evaluate different options of increasing greenhouse gas emissions accounting of transport services, especially among SMEs. The Commission shall present the report and its main findings to the European Parliament and the Council by [OP: please insert a date: 53 years after the Regulation is applicable]. The report may, where appropriate, be accompanied by a legislative proposal.
Amendment 344 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. It shall apply from [OP: Please insert a date: 424 months after the entry into force of this Regulation].