40 Amendments of Robert HAJŠEL related to 2021/0210(COD)
Amendment 181 #
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. 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 something that could also contribute to a risk of loss of competitiveness of Union ports vis-à-vis non-Union ports. 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 186 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) Every year over a period of five years as from the entry into force of the FuelEU Maritime Regulation, the EU Commission should evaluate the impact of FuelEU Maritime on EU ports exposed to competition from non-EU ports. A list of those ports shall be established, their emissions monitored and the evolution of the volumes tracked in order to determine whether variations are due to market conditions or can be attributed to carbon leakage. Should the cargo diversion be caused by the introduction of FuelEU Maritime, the EU Commission will have to thoroughly evaluate the loss of competitiveness and allocate additional funding for clean port infrastructure and for the greening of superstructure such as new clean mobile service equipment.
Amendment 190 #
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. Ships not covered by this Regulation should be encouraged to comply with the obligations of this Regulation on a voluntary basis.
Amendment 193 #
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 or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. 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 affectHowever, the shipping company is not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. These responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. In that case, in order to properly implement the ‘polluter pays’ principle and to encourage the uptake of cleaner fuels, a binding clause should be included ing the greenhouse gas intse agreements for the purpose of passing on to that enstity 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,costs under this Regulation, namely the penalties related to the under-performance of the ship. This clause should provide that the entity responsible for the operation of the ship should reimburse the shipping company with respect to the penalties imposed for each non-compliant port call and failing to meet the limits on the greenhouse gas intensity of the energy used on-board the ship. In this regard operation of the ship includes determining the cargo carried, the itinerary (including the port of calls), the routeing and/or the speed of the ship. _________________ 21Regulation (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 216 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The development and production of sustainable maritime fuels should be exponentially increased in the coming years. The EU and the Member States should invest in the research and production of sustainable maritime fuel projects as they present both an environmental and an industrial opportunity. The production of sustainable maritime fuels should be concentrated inside the Union, creating industrial, labour and research opportunities in all the Member States. As there is an urgent need to support research and innovation for maritime fuels, an EU research centre for alternative marine fuels and technologies could be created. This centre should coordinate the sector stakeholders involved in the development of sustainable renewable fuels and possibly co-finance investment and research, development and deployment through the ETS maritime revenues.
Amendment 220 #
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 on the basis of the information provided by the EU maritime fuel suppliers. The use of substitute sources of energy, such as wind or electricity, should also be reflected in the methodology.
Amendment 231 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) In the event that the fuel necessary for a ship to comply cannot be supplied at a port under the jurisdiction of a Member State, the ship should report the inability to obtain such fuel to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State.
Amendment 253 #
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, finance/co-finance infrastructure and if necessary superstructure investments in the EU ports as well as to support redeployment, re-skilling and up- skilling of workers, in quality social dialogue with social partners. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.
Amendment 258 #
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 andor in case of repeated violations 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 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 263 #
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 relevant submissions should be made to the IMO. The EU must continue its efforts to promote more ambitious maritime decarbonization targets within the IMO. Where an agreement on a global aproach 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 267 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43 a) Recognizing the importance to address the specific needs of islands and remote areas of the Union and with a view to ensure connectivity, flexibility should be provided to the passenger maritime cabotage sector, as prescribed in Council Regulation (EEC) No 3577/92, in order to adapt to the scheme without compromising the current level of transport services.
Amendment 268 #
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 supplied by maritime fuel suppliers and used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and
Amendment 271 #
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
in order to increase consistent supply and use of renewable and low-carbon fuels and substitute sources of energy across the Union, while ensurin maritime transport across the Union in line with the Union’s objective of climate neutrality ing the smooth operation of maritime trafficUnion at the latest by 2050 and the goals of the Paris Agreement, while ensuring its smooth operation and avoiding distortions in the internal market.
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
This Regulation applies to marine fuel suppliers and to all ships above a gross tonnage of 5000 and from year 2035 to all ships above a gross tonnage of 400, regardless of their flag in respect to:
Amendment 277 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the energy supplied and used during their stay within a port of call under the jurisdiction of a Member State,
Amendment 279 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) a half 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, provided that a thorough ex ante impact assessment regarding the risks of cargo diversion establishes that no major negative impacts on EU ports are expected. The Commission shall then propose an amendment to this Regulation aiming at adjusting it taking into account the data from the impact assessment.
Amendment 281 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) all the fuels purchased in EU ports.
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
By way of derogation, point (b) of paragraph 1 shall not apply until 31th December 2029 to passenger and Ro-Ro passenger ships calling at ports of islands within the same Member State with less than 100.000 permanent residents, according to the latest official national census of the population. Member States shall notify the Commission about the routes and islands exempted as well as for any alterations thereof.
Amendment 286 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(e a) low-carbon fuels’ means recycled carbon fuels as defined in Article 2 of Directive (EU) 2018/2001, low-carbon hydrogen and synthetic gaseous and liquid fuels the energy content of which is derived from low-carbon hydrogen, which meet the greenhouse gas emission reduction threshold of 70%.
Amendment 288 #
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; including intermediate crops and other crops grown primarily for energy purposes on agricultural land.
Amendment 290 #
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(i a) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, paragraph 2,point 38 of Directive (EU) 2018/2001, supplying marine fuel at a maritime port under the jurisdiction of a Member State;”
Amendment 306 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The yearly average greenhouse gas intensity of the energy supplied and used on-board by a ship during a reporting period shall not exceed the limit set out in paragraph 2.
Amendment 313 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 3
Article 4 – paragraph 2 – indent 3
— -1325% from 1 January 2035;
Amendment 315 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 4
Article 4 – paragraph 2 – indent 4
— -2650% from 1 January 2040;
Amendment 317 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 5
Article 4 – paragraph 2 – indent 5
— -759% from 1 January 2045;
Amendment 319 #
Proposal for a regulation
Article 4 – paragraph 2 – indent 6
Article 4 – paragraph 2 – indent 6
— -75100% from 1 January 2050.
Amendment 320 #
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 procedure, corresponds to the fleet average greenhouse gas intensity of the energy supplied to ships and used on-board by ships in 2020 as 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 to that Regulation.]
Amendment 330 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Ships shall comply with the limits referred to in paragraph 2 in relation to the energy used and supplied within a port of call under the jurisdiction of a Member State.
Amendment 331 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4 b. Maritime fuel suppliers shall ensure that the energy made available to ships in ports under the jurisdiction of a Member State complies with the limits referred to in paragraph 2.
Amendment 332 #
Proposal for a regulation
Article 4 – paragraph 4 c (new)
Article 4 – paragraph 4 c (new)
4 c. From 1 January 2035, the share of RFNBOs used on board by a ship shall not be inferior to 6% of the total energy used during a reporting period. Ships may make use of compliance pooling provisions defined at articles 17 and 18, and are subject to penalties for non- compliance as defined at article 20 and Annex V.
Amendment 333 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Minimum share of renewable fuels of non-biological origin available at Union ports 1. Marine fuel suppliers shall ensure that the overall marine fuel sold in the course of a year to ships at each Union port complies with the limits, values and dates of application set out in Article 4 (c) in order to provide the necessary fuels to ships. 2. Member States shall ensure that any marine fuel supplier failing to comply with the obligations laid down in Paragraph 1 is liable to an administrative fine. That fine shall be at least twice as high as the multiplication of the difference between the yearly average price of marine fossil fuels covered by this regulation and the cheapest marine renewable fuel of non-biological origin per tonne and of the quantity of fuel not complying with the green house gas limit referred to in Article 4(a).
Amendment 349 #
Proposal for a regulation
Article 5 – paragraph 3 – point f a (new)
Article 5 – paragraph 3 – point f a (new)
(f a) at anchorage
Amendment 370 #
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 including intermediate crops and other crops grown primarily for energy purposes on agricultural land shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;
Amendment 377 #
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 mandatory re-accreditation of verifiers to address the new complexities of the data to be verified and the new specificities of the new alternative fuels. 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 384 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a FuelEU maritime non-availability report 1. If a ship, despite best efforts, fails to obtain at a port under the jurisdiction of a Member State fuels enabling it to comply with the limits referred to in paragraph 2 of Article 4, it shall report the inability to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State, by means of a Fuel EU non-availability report. This report should include the reasons of the non-availability of fuels such as shortage of fuels and lack of port infrastructure. 2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU maritime non-availability report referred to in paragraph 1 of this Article. 3. The competent authorities of the Member State shall report in the compliance database referred to in Article 16 the cases of fuel non-availability. 4. The Member State of the port shall investigate the reports of non-availability.
Amendment 390 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Reporting obligations for maritime fuel suppliers By 31 March of each reporting year, maritime fuel suppliers shall report in the compliance database referred to in Article 16, the following information relative to the reporting period: (a) The volume of renewable and low- carbon fuels at ports under the jurisdiction of a Member State, and for each type of energy; (b) The lifecycle emissions, origin of feed stock and conversion process of each renewable and low-carbon fuel type supplied at ports under the jurisdiction of a Member State.
Amendment 395 #
Proposal for a regulation
Article 19 – paragraph 5 a (new)
Article 19 – paragraph 5 a (new)
5 a. Member States shall ensure that penalties are imposed on maritime fuel suppliers who fail to comply with the obligations laid down in Article 4 relative to the yearly average greenhouse gas intensity of the energy supplied. Member States shall lay down provisions on penalties applicable to maritime fuel suppliers and shall take all the measures necessary to ensure that they are applied. The penalties provided therefor shall be effective, proportionate and dissuasive. Member States shall notify the Commission of the relevant provisions of national law by 31 December 2024.
Amendment 396 #
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 verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V. The verifier shall also allocate the proportion of the compliance deficit to the entity that is ultimately responsible for the purchase of the fuel and/or the operation of the ship, calculate the proportionate penalty and notify the shipping company and that other entity for the sake of payment or reimbursement.
Amendment 399 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2 a. When the responsibility for the purchase of the fuel and/ or the operation of the ship is assumed, pursuant to a contractual agreement, by an entity other than the shipping company, that entity shall either pay the penalties under Article 20(1) and (2) of this Regulation or reimburse the shipping company for the penalties paid. 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.
Amendment 404 #
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 sector including safety, training and protecting measures for workers using new maritime fuels. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.