91 Amendments of Bas EICKHOUT related to 2023/0266(COD)
Amendment 22 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Sustainable and Smart Mobility Strategy of December 202054 refers to incentives for choosing the most sustainable transport options, within and across the modes, with a strong emphasis on a shift to rail both for passengers and freight, including concrete targets for both, as concrete contributions for the transport sector's role in achieving the binding target under Union law, set out in Regulation (EU) 2021/1119, to reduce the Union’s net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 and the objective to reach economy- wide climate neutrality at the latest by 2050. Those incentives include the setting up of a European framework for the harmonised measurement of transport and logistics greenhouse gas emissions, based on globally recognised standards, which could then be used to provide businesses and end-users with an estimate of the carbon footprint of their choices, and increase the demand from end-users and consumers for opting for more sustainable transport and mobility solutions, including parcel deliveries, while avoiding greenwashing. _________________ 54 Communication from the Commission to the European Parliament, the European Council, the European Economic And Social Committee and the Committee of the Regions; Sustainable and Smart Mobility Strategy – putting European transport on track for the future; COM(2020) 789 final
Amendment 31 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Customers should be enabled to make informed choices. Therefore, reliable data on expected emissions for each transport service should be provided before the purchase of the service or conclusion of the contract , based on previous output data from equivalent services. This is essential in the case of passenger transport and delivery services, but also for logistic operations of businesses in their efforts to reduce their carbon footprint. This overall aim should prevail in relation to ensuring smooth data sharing across the transport chain to make it possible, for which electronic freight transport information (eFTI) could become a useful tool for freight transport, thereby enabling the realisation of the full emissions-reduction potential of Combined Transport, among others. Access to the data on final emissions after the provision of the service is also desirable, particularly in the freight domain, in order to allow for accurate emissions’ accounting of the businesses concerned.
Amendment 34 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6 b) Given the scale of the climate crisis and the enormous potential of the transport sector to contribute to addressing it, all entities performing transport services on the Union territory should eventually be required to calculate the greenhouse gas emissions of those services and make the data available to consumers and end users in order to facilitate informed choices. To give operators sufficient time to adjust, this Regulation shall follow a phase-in approach, beginning on a voluntary basis and becoming mandatory after a period. This is particularly important to ensure a level playing field and to account for the needs of micro, small and medium-sized enterprises (“SMEs”) referred to in Commission Recommendation 2003/361/EC.
Amendment 36 #
Proposal for a regulation
Recital 7
Recital 7
(7) This Regulation should make available a reference framework for other emissions reduction measures that may be further undertaken by public authorities and industry, including where establishing greenhouse gas transparency clauses in transport contracts, providing information on greenhouse gas emissions of a travel or delivery option to passengers or customers, or setting climate-related criteria for green procurement procedures. In the case of e- commerce and parcel deliveries, it would enable the requirement to provide, along with the current information on estimated delivery date, associated price, and the associated emissions of each option.
Amendment 40 #
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, toThis Regulation should apply to all entities offering transport services. They should calculate and disclose information on greenhouse gas emissions of freight or passengers transport services that start in, transit through, 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. Therefore, this Regulation should also apply to entities established in a third country who conduct transport services on the Union territory.
Amendment 46 #
Proposal for a regulation
Recital 9
Recital 9
(9) This Regulation should not apply to dData intermediaries, such as those offering multimodal digital mobility services, where they doas well as digital navigation services and journey route planning services, may not directly calculate information on greenhouse gas emissions of transport services but onlythey should disclose information on those emissions provided by a concerned entity or other relevant legal or natural person. However, theTherefore, data intermediaries should be bound by relevant rules related to the communication and transparency of the disclosed greenhouse gas emissions data, to ensure comparability of those data on the market and across modes. Data intermediaries include services that combine data provided by different concerned entities, for example those offering multimodal travel or travel consisting of multiple legs, provided they do not amend the original data in any way and that the original data has already been certified under this Regulation.
Amendment 47 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9 a) In order to ensure a true multi- modal comparison by users at all levels, including by passengers, availability of data regarding actual emissions of private car usage should be ensured. The use of in-vehicle data, together with digital navigation services, should allow an accurate enough provision of such information. Each calculated journey on a navigator or route planner should provide the expected emissions, factoring in the type of vehicle, whereas regarding re-fuelling or recharging, each billing should incorporate the associated emissions of the provision of the fuel or electricity, respectively, and the average emissions and emission intensity of the use of the amount re-fuelled or recharged. Original equipment manufacturers (OEMs), besides enabling and facilitating the necessary free access of in-vehicle data for such purposes to private users, as well as SMEs, should also provide clear information on expected average emissions intensity, disaggregated by type of road, to potential customers when selling their vehicles.
Amendment 48 #
Proposal for a regulation
Recital 10
Recital 10
(10) This Regulation should not apply where the calculation and disclosure of greenhouse gas emissions is performed in an aggregated form. This includes situations wheree data generated by the application of this Regulation may be aggregated and combined with additional information for the purpose of mandatory disclosures of environmentally-related information for sustainability reporting and the establishment of environmental accounts for statistical purposes are derived from other Union rules, such as those defined under Corporate Sustainability Reporting Directive55 and Regulation on European environmental economic accounts56 . Conversely, iInformation obtained on the basis of this Regulation may contribute to developing consolidated emission reports required under other applicable Union law, provided that the respective methodologies and collected data are sufficiently compatible. _________________ 55 Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting (OJ L 322, 16.12.2022, p. 15–80) 56 Regulation (EU) No 691/2011 of the European Parliament and of the Council of 6 July 2011 on European environmental economic accounts (OJ L 192, 22.7.2011, p. 1–16)
Amendment 49 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) This Regulation should be aligned with the European Sustainability Reporting Standards (ESRS), a key component of the Corporate Sustainability Reporting Directive (CSRD), as well as with other EU legislation in force, in order to avoid any inconsistencies in reporting greenhouse gas emissions of a transport service. Any claims made on the basis of output data reported in accordance with this regulation should be in full compliance with Directive (EU) (.....)/(....) on substantiation and communication of explicit environmental claims (Green Claims Directive) as well as Directive (.....)/(....)amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information.
Amendment 59 #
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 toshould 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 RegulationISO standard 14083:2023 fulfills the objectives of this Regulation, including a quick market uptake and comparability of data. 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. _________________ 57 https://www.cencenelec.eu
Amendment 60 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The Commission should assess the possibility of expanding the scope of the reference methodology for calculating grenhouse gas emissions of transport services in the near future to provide for the calculation and reporting of lifecycle greenhouse gas emissions of transport services, including in particular with relation to vehicle manufacturing, maintenance, and end-of-life, the construction, maintenance and use of infrastructure, and the equivalent climate impact of non-CO2 emissions in aviation. To that end, the Commission should consider existing efforts such as the ISO 14067:2018 and the Product Category Rules on transport services established in the International Environmental Product Declaration System.
Amendment 62 #
Proposal for a regulation
Recital 13
Recital 13
(13) AMeanwhile, 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 periodically assess the need ofor a possible adjustment of EN ISO 14083:2023 from the perspective of Union policies, including upcoming legislation, as well as future amendments to that standard that may be carried out by the European Committee of Standardisation, or another competent body. In casef these assessments showconclude that there is 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, twith particular regard to ensuring due alginment with the binding target under Union law, set out in Regulation (EU) 2021/1119, to reduce the Union’s net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 and the objective to reach economy-wide climate neutrality at the latest by 2050. 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. In doing so, the Commission should take due regard of other relevant Union legislation including Directive (EU) 2023/2413, Regulation (EU) 2015/757, and Regulation (EU) 2023/2405, including the non-CO2 dimension therein.
Amendment 68 #
Proposal for a regulation
Recital 14
Recital 14
(14) To avoid circulthe dissemination of inaccurate information on the market, a need may arise to clarify the reference methodology inwith respect tof greenhouse gas emission- relevant parameters and assumptions used to calculate emissions before a service is provided. The same applies to the share of primary data of each type used, disaggregated per transport chain element, if applicable, and other relevant technical parameters related to the allocation of emissions or aggregation of data elements in case the use of those parameters is not explicitly clarified in the methodology.
Amendment 71 #
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, and granular 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 prohibinitiveally expensive for certain stakeholders, especiallyunattainable for SMEs. Therefore, the use of secondary data by SMEs should be allowed under clear conditionduring a transitional period of 36 months under clear conditions. Access to in-vehicle data relevant for this purpose should be provided by OEMs to SMEs.
Amendment 77 #
Proposal for a regulation
Recital 16
Recital 16
(16) Regarding secondary dataWhere applicable, greenhouse gas emissions of a transport service may be calculated by using default values or modelled data ("secondary data"). The use of default values and modelled data should however provide accurate and reliable information on the greenhouse gas emissions of a specific transport service, and therefore those default values should be set and modelled data be developed and recurrently updated in neutral and objective manner, based on trusted sources and adequate parameters. The preferred type of database (“peer-referenced transport performance database”) is based on regular primary data collected in a peer-group with sectoral and geographical differentiation, translated to emission intensity factors that can be used by SMEs. Databases and default values that would lead to understate the resulting emissions compared to primary data reporting are considered to be failing the technical quality check. Technical quality checks should be repeated regularly.
Amendment 79 #
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, differentiated by transport mode and taking into account the disaggregation between different energy carriers as well as fleet vehicles, to improve the comparability of greenhouse gas emissions results obtained in the application of this Regulation. This database should provide enough granularity and reflect the sectorial, national, and regional specificities across the Union, and should include separate tables for each mode of transport, ensuring regular updating and incorporating state-of-the-art technological advances in emission reduction where applicable. 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 allowed for an interim period on the condition that they undergo a technical quality check at Union level.
Amendment 82 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) A location-based approach, on the basis that a set of up-to-date and accurate intensity values is ensured for the different Member States, should be encouraged when quantifying emissions related to the usage of electricity on the basis of up-to-date and accurate emissions intensity values for each Member State. A market-based approach is further desirable, provided that proper traceability is ensured, by means of an accreditable contract with guarantees of origin. The databases established by this regulation should use figures based on a location- based approach.
Amendment 85 #
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 operated 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 87 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19 a) When developing the databases, the Commission and the European Environmental Agency shall pay special attention that the default values must provide for a level playing field between all modes of transport, taking into account the limitations of the standard referred to in Article 4(1) and ensuring that the values and their correlations are aligned with the ultimate goals of the European Climate law. They should address possible distortions of potential default values that could be unequally beneficial for certain modes and they should take into account the differences existing within vehicle fleets, including many heterogeneous vehicles.
Amendment 88 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 90 #
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. In this sense, when determining distances, particularly regarding establishing emissions intensity, this regulation should only use the Great Circle Distance ("GCD") option within ISO14083, to enhance comparability and reduce administrative burden, except in cases where accurate primary data regarding actual distance may be used both in the numerator and the denominator, such as in the rail sector.
Amendment 92 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22 a) To avoid greenwashing, it is important to ensure harmonisation not only in the calculation methodology, but also in the presentation of output data. Only the verified emissions and emission intensity figures are objectively comparable. This output data should be clearly presented and not subject to categorisations such as colour-coding or grading schemes that can be subject to individual interpretation. Moreover, it is essential that every transport service offered by a concerned entity and its entire vehicle fleet are accounted for and not only those with lowest greenhouse gas emission intensity, as such partial disclosure may also entail greenwashing. The information provided to users and potential customers should clearly indicate the share of primary data used, to reward its application.
Amendment 95 #
Proposal for a regulation
Recital 23
Recital 23
(23) Any disaggregated information on greenhouse gas emissions of a transport service that is disclosed, including to a third party for commercial or regulatory purposes in accordance with the scope of this Regulation, should indispensably and prominently include output data established pursuant to the specific rules for calculating greenhouse emissions set out by this Regulation. Additional data elements, serving other purposes t, including information on the methodology used, assumptions and the share of use of primary data of each type, disaggregated per transport chain those defined under this Regulation, can be added, where relevantelement, if applicable, thereby encouraging transparency and incentivizing a qualitative comparative advantage for companies with more detailed input and thus better output data quality regarding their emissions.
Amendment 98 #
Proposal for a regulation
Recital 25
Recital 25
(25) Unless separate arrangements apply, a data intermediary collecting information on greenhouse gas emissions of a transport service from a concerned entity or other relevant legal or natural person, and disclosing it on the market, should not be considered liable in case this information breaches any of the requirements related to the calculation and verification of greenhouse gas emissions of transport services, and the certification of calculation tools, set out by this Regulation. However, the data intermediary should be responsible for ensuring the display of such compulsory information and at the same time make effort to prevent from inaccurate or incorrect information to be disclosed, avoiding a distortion of an emission-based consumer choice, and should respect rules related to the greenhouse gas emissions output data, communication and transparency. In addition, the data intermediary should provide the source of this information, to allow for the identification of the respective information provider.
Amendment 100 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25 a) In order to ensure that customers are fully aware of the expected emissions of a transport service, as well as of the available alternatives in order to make a properly informed choice, particularly in the case of passenger transport as well as for parcel deliveries, the estimated emissions based on previously calculated data for equivalent services should be adequately displayed by the transport service provider, as well as by any intermediaries such as vendors or search engines, digital navigation and journey route planning services and re-fuelling or re-charging stations, before the purchase of the transport service or conclusion of the contract. Such data should be automatically disclosed and shared to partners in the logistic and transport chain, and also particularly to data intermediaries within the scope of the [Regulation on Multimodal Digital Mobility Services]. The data intermediaries should be obliged to incorporate the information visibly on each search result and to include emissions ranking as a default sorting option, whereby the most environmentally friendly option would be displayed first, as well as an easy comparison between different modal choices, including the use of private vehicle as well as bicycle options where appropriate. E-commerce operators should also display the transport service emissions associated to the different parcel delivery options, alongside the currently available estimated date and cost. The output data related to actual emissions of the transport service should be also provided after its completion.
Amendment 101 #
Proposal for a regulation
Recital 25 b (new)
Recital 25 b (new)
(25 b) Cargo cycling is increasingly taken up in logistics as an efficient and nearly-zero emission mode for last-mile collection and delivery transport operations, particularly in urban environments and other short-range distances. Moreover, services associated to passenger transport, such as bike rental and shared bicycle schemes are also growing. Bicycle cargo logistic companies, essentially SMEs, are also ready and eager to report their emissions, which should be used where possible as a benchmark with alternative modes for similar services. Bicycle sharing services and the related emissions data provided by their entities should be integrated by default in journey route planners and navigators, alongside those of other modes.
Amendment 104 #
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. They should be aligned with the requirements set out by the reference methodology.
Amendment 105 #
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26 a) In order to create a common and easily comparable procedure, as well as to reduce the administrative and financial burden on entities wishing to calculate their emissions, the Commission should develop a free of charge public calculation tool that guarantees accessibility of output data. Public consultation shall be ensured during the development phase, including concerned stakeholders as well as civil society organisations, particularly working in the domain of climate.
Amendment 109 #
Proposal for a regulation
Recital 27
Recital 27
(27) A properly designed verification system for the conformity of greenhouse gas emissions output data disclosed on the market and underlying calculation processes, to the requirements set out under this Regulation, should substantially increase trust in the reliability and accuracy of those data. Entities that have successfully undergone the mandatory conformity assessment should be entitled to obtain a proof of compliance, to be commonly recognised across the Union. Where primary data were included, the proof of compliance should acknowledge it. The share of primary data of each type, disaggregated per transport chain element, if applicable, shall be indicated alongside the output data, as relevant information for the user on the reliability of the calculation, especially to incentivise the collection and use of primary data by any entity concerned by the rules set out by this Regulation.
Amendment 110 #
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, large enterprises should take into account the principle of proportionality when considering requesting the verification of conformity from value chain partners, in particular SMEs.In order to ensure a level-playing field, large enterprises should ensure the verification of conformity from value chain partners, assisting them where necessary and with regard to improving data quality, in particular SMEs they have sub- contracted.
Amendment 112 #
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28 a) The Commission should ensure proper guidance to SMEs in the application of this regulation, particularly when it comes to the actual calculation, by means of targeted guidelines among others. A larger entity subcontracting an SME should also take their responsibility in this regard. Moreover, in order to minimise and gradually introduce any additional administrative burden, although they should be still subject to verification in order to ensure reliability of output data and a level-playing field for all, SMEs could be temporarily exempted from certain aspects, such as the use of primary data. In this sense, a staged system in the applicability of this regulation could be envisaged, whereby it would initially be based on a voluntary opt-in for concerned entities, to subsequently become mandatory for all transport agents.
Amendment 114 #
Proposal for a regulation
Recital 29
Recital 29
(29) In case the verification of information on greenhouse gas emissions data of transport services is organised in accordance with specific rules set out by other Union legislation, including a regulation on ensuring a level playing field for sustainable air transport and implemented by the European Union Aviation Safety Agency or the accounting of non-CO2 emissions of aviation under Regulation (EU) 2023/2405 ("ETS Aviation") and Regulation (EU) 2015/757 ("MRV Regulation"), these rules shall be treated in an equivalent manner, under the condition that the verification assessment is established consistently with the requirements of this Regulation.
Amendment 116 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29 a) To ensure the proper uptake and implementation of this Regulation, Member States should contribute to its enforcement, including by establishing a system of penalties. The financial penalties should be proportionate and dissuasive, take into account any recurrence in the omission of the calculation and information duties or the provision of unfaithful information by concerned entities, among others. The minimum or maximum amounts established should by no means generate any incentive to non-compliance.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules for the accounting of the greenhouse gas emissions of transport services that start in, transit through, or end on the Union territory.
Amendment 127 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to any entity providing or organising freight and passenger transport services in the Union that calculates greenhouse gas emissions of a transport service starting or ending on the Union territory and discloses disaggregated information on those emissions to any third party for commercial or regulatory purposesstarting in, transiting through, or ending on the Union territory.
Amendment 138 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) “data intermediary” means a legal or natural person collecting, combining, and disclosing information on greenhouse gas emissions of a transport service on the basis of separate legal, contractual or other relevant arrangements;
Amendment 148 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21
Article 3 – paragraph 1 – point 21
(21) “primary data” means quantified value of a process or an activity obtained from a direct measurement or of a calculation based on direct measurements, and which can be ‘detailed’ or ‘aggregated’;
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21 a (new)
Article 3 – paragraph 1 – point 21 a (new)
(21 a) “detailed primary data” means primary data from individual vehicles or hub processes measured on a weekly basis or more frequently and data from individual transport services is used;
Amendment 152 #
Proposal for a regulation
Article 3 – paragraph 1 – point 21 b (new)
Article 3 – paragraph 1 – point 21 b (new)
(21 b) “aggregated primary data” means primary data aggregated over a longer period of time or from multiple vehicles, hub processes, or transport services;
Amendment 159 #
Proposal for a regulation
Article 3 – paragraph 1 – point 30 a (new)
Article 3 – paragraph 1 – point 30 a (new)
(30 a) “third country” means a country that is not a member of the European Union as well as a country or territory whose citizens do not enjoy the European Union right to free movement, as defined in Article 2(5) of Regulation (EU) 2016/399.
Amendment 169 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission shall assess the need for an adjustment of any component of the standard referred to in paragraph 1, not later than 3648 months after the date of application of this Regulation.
Amendment 174 #
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 revise, at least at a regional level, 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 175 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. As part of the assessment referred to in paragraph 2, the Commission shall evaluate the possibility of developing a common Union framework for the assessment and consistent data reporting of life-cycle greenhouse gas emissions of all transport modes, in particular with relation to vehicle manufacturing, maintenance and end-of-life, the construction, maintenance and use of infrastructure, as well as the equivalent climate impact of non-CO2 emissions of aviation. This assessment shall be consistent with the obligations laid down in Article 7a of Regulation EU 2019/631 and Article 15(5) of Regulation 2019/1242. If necessary, the Commission shall subsequently request the European Committee on Standardisation to revise the standard as referred to in paragraph 5 and develop a uniform Union-wide methodology for calculating life-cycle greenhouse gas emissions.
Amendment 177 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission is empowered to adopt implementing acts in accordance with Article 17 to supplement this Regulation with a view to clarify the reference methodology referred to in paragraph 1, to ensure its uniform implementation on the market as regards the approach for determining appropriate emission-relevant parameters for calculating greenhouse gas emissions before a service is provided, and, where applicable, other technical parameters related to the allocation of emissions or aggregation of data elements that are not explicitly explained in that methodology. In doing so, the Commission shall take due regard of other relevant sectoral Union legislation including Regulation (EU) 2021/1119, that sets out the framework to reduce the Union’s net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 and the objective to reach economy-wide climate neutrality at the latest by 2050.
Amendment 181 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Entities referred to in Article 2 shall use 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, during the first 36 months of application of this regulation. SMEs prioritise the use of primary data for calculating greenhouse gas emissions of a transport service.
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 2 – introductory part
Article 5 – paragraph 2 – introductory part
2. TheWhere an SME chooses to use secondary data as provided for in paragraph 1, the exceptional use of secondary data for calculating greenhouse gas emissions of a transport service shall be allowed under the following conditions:
Amendment 193 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. When secondary data or estimations regarding the distance are required in the denominator for the purpose of establishing greenhouse gas emissions intensity of the transport activity, only the greater circle distance ("GCD") shall be used as part of the EN ISO 14083:2023 methodology. Such a provision shall not become by any means detrimental to the use of primary data and if a different distance, such as the actual distance, is used in the numerator for the calculation of the overall emissions of a service, the same concept shall be used in the denominator. In the case of rail, track distance shall be used.
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2 b. Original Equipment Manufacturers (OEMs) shall grant adequate access to relevant in-vehicle data to SMEs as long as relevant for the purpose of facilitating their accurate data collection and subsequent calculations.
Amendment 202 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission with the assistance of the European Environmental Agency, shall establish a core EU database of default emission intensity values referred to in Article 5 (2), point (a)(i) within 24 months after the entry into force of this Regulation.
Amendment 206 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. When developing the default greenhouse gas emission intensity values, the Commission shall consistently use only the greater circle distance "GCD" method referred to in Article 5(2)(a) within EN ISO 14083:2023, as well as apply the location-based approach for which the standard referred to in Article 4 provides (“the location based approach”), and ensure that those default values are consistent with Regulation (EU) 2021/1119 setting out the framework to reduce the Union’s net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 and the objective to reach economy-wide climate neutrality at the latest by 2050 and other applicable Union law in the fields of climate, energy and transport. When greenhouse gas emissions from electricity consumed by transport can be quantified by using the location-based approach and the market- based approach under EN ISO 14083:2023 the market-based electricity mix shall be reported, provided the conditions set within Annex J of the mentioned standard are fulfilled.
Amendment 209 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1 b. Where default greenhouse gas emission intensity values are not available in the core EU database, entities may refer to other national databases, which are deemed to have been verified, pursuant to Article 13(8) or which have been verified under other existing Union legislation provided that such data is available at the same aggregation level as the one required by this Regulation.
Amendment 210 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission shall ensure the maintenance, update and, continuous development, and an appropriate level of security 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. The Commission shall assess the need for an update of the databases at least annually. Any updates to the default values shall be notified to the public without delay. Following such an update, concerned entities shall, where necessary, modify accordingly any output data established under Article 9 within 12 months.
Amendment 217 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. The Commission, with the assistance of the European Environmental Agency, shall ensure that technical quality checks of default values for greenhouse gas emission intensity are conducted, similarly to those applicable to databases or datasets operated by third parties.
Amendment 220 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Access to the database referred to in paragraph 1, to consult or use default emission intensity values shall be easily accessible, open to the public, and free of charge.
Amendment 224 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. A database or dataset referred to in Article 5(2), point (a)(ii) may only be used to derive secondary data as long as the core EU database referred to in Article 5(2), point (a)(i) is not yet operational. 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 of default values for greenhouse gas emission intensity included in that database or dataset. The Commission, with the assistance of the European Environmental Agency, shall conduct the technical quality check in accordance with the requirements set out in Articles 4 to 8 of this Regulation. The technical quality check shall be conducted within 12 months upon official receipt of the application.
Amendment 228 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. The technical quality check of databases and datasets of default values for greenhouse emission intensity referred in paragraph 1 shall include a comparison between emissions as reported by using primary data, and emissions as they would be reported using the database or default values, for equivalent representative use cases. Databases and default values that would lead to understate the resulting emissions compared to primary data reporting shall receive a negative assessment from the technical quality check.
Amendment 229 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Only databases and datasets of default emission intensity values that use the GCD method for distance calculation within ISO 14083:2023 and 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). The Commission shall publish and maintain an up-to-date list of the databases of default values for greenhouse gas emission intensity operated by third parties that have been positively assessed. The up-to-date list shall be publicly available on a dedicated website.
Amendment 234 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The technical quality check is required as from 124 months after the date of the application of this Regulation, at the latest. A record of positive assessment of that quality check shall be valid for two years.
Amendment 240 #
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) within 24 months after the entry into force of this Regulation.
Amendment 247 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. When developing the default greenhouse gas emission factors, the Commission shall apply the location- based approach and ensure that those default factors are consistent with Regulation (EU) 2021/1119, that sets out the framework to reduce the Union’s net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 and the objective to reach economy-wide climate neutrality at the latest by 2050 and other applicable Union law in the fields of climate, energy and transport. When greenhouse gas emissions from electricity consumed by transport can be quantified by using the location-based approach and the market-based approach under ISO 14083:2023 the market-based electricity mix shall be reported, provided the conditions set within annex J of the mentioned standard are fulfilled.
Amendment 250 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. Where default greenhouse gas emission factors are not available in the central EU database, entities may refer to other national databases, which are deemed to have been verified, pursuant to Article 13(8) or which have been verified under other existing Union legislation provided that such data is available at the same aggregation level as the one required by this Regulation.
Amendment 252 #
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, and appropriate level of security 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. The Commission shall regularly assess the need for an update of the database. Any updates to the default values shall be notified to the public without delay. Following such an update, concerned entities shall, where necessary, modify accordingly any output data established under Article 9 within 24 months.
Amendment 259 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Access to the database referred to in paragraph 1, to consult or use default greenhouse gas emission factors for the transport energy carriers shall be easily accessible, open to the public, and free of charge.
Amendment 263 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The output data may be established with using calculation tools. By [12 months after entry into force of this Regulation], the Commission shall develop a calculation tool that shall be publicly accessible and free of charge, in accordance with Article 11. External calculation tools shall comply with the requirements laid down in Article 11.
Amendment 267 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. The output data as a minimum shall consist of the total mass of carbon dioxide equivalent (CO2e) per transport service, and, in relation to a type of transport service concerned, at least one of the following data metrics:
Amendment 275 #
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. Concerned entities shall display the output data related to the estimated emissions of a transport service based on previously calculated data for equivalent services before the purchase of the service or conclusion of the contract. The estimated emissions shall be displayed in accordance with the provisions set out in Article 9(3). Concerned entities shall disclose output data related to the actual operations within 31 days after the completion of the services.
Amendment 279 #
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 and 1a and Article 9(3) shall apply. When disclosing output data, the data intermediary shall include a reference to the source of these data. Data intermediaries enabling the transport service and with a responsibility to contribute to transparency and adequate communication on transport-related emissions are, among others, ticket vendors or search engines, vehicle sellers, Original Equipment Manufacturers ("OEMs"), digital navigation and journey route planning services, as well as re- fuelling or re-charging hubs and their associated companies.
Amendment 281 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. Output data shall be disclosed to intermediaries within the scope of the [Regulation on Multimodal Digital Mobility Services], which shall incorporate the information visibly on each search result and include emissions ranking as a default sorting option, whereby the most environmentally friendly option would be displayed first, as well as an easy comparison between different modal choices, including the use of private vehicles as well as bicycle options where appropriate, before the conclusion of any contractual obligation.
Amendment 283 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where detailed or aggregated primary data are used in the meaning of Article 5(1), concerned entities shall be entitled to communicate this fact to any third party if the use of detailed primary data or aggregated primary data was verified in accordance with Articles 12 and 13.
Amendment 284 #
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. The share of primary data used for the calculations shall be visibly displayed as part of the information by default alongside the output data, including the respective share of detailed and aggregated primary data and, where applicable, disaggregation per transport chain element.
Amendment 288 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The output data and evidence referred to in paragraph 5 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, enabling interoperability of output data and evidence across different providers of transport services .
Amendment 291 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Any commercial claims made on the basis of the output data reported in shall be in full compliance with Directive (EU) (.....)/(....) on substantiation and communication of explicit environmental claims (Green Claims Directive) as well as Directive (.....)/(....)amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information.
Amendment 292 #
Proposal for a regulation
Article 10 – paragraph 7
Article 10 – paragraph 7
7. Any recipient of output data and of evidence referred to in paragraph 5, shall take measures to ensure the confidentiality of relevantsensitive commercial data that are processed and communicated in accordance with this Regulation, and ensure that such data may be accessed, processed and disclosed only when authorised.
Amendment 298 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Calculation tools that are used internally by an entity to calculate greenhouse gas emissions of a transport service shall also be aligned with the requirements set out by the reference methodology referred to in Article 4(1).
Amendment 299 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall publish on its official website an easily accessible list of all calculation tools that are certified in accordance with paragraph 1 and paragraph 2, as well as link to the websites referred in paragraph 3.
Amendment 303 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Output data referred to in Article 9 shall be subject to verification of its conformity with the requirements laid down in Articles 4 to 9 of this Regulation. Verification shall be carried out at least annually, and in accordance with the delegated acts referred to in Article 13(9).
Amendment 306 #
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. _________________ 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 308 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The conformity assessment body referred to in Article 14 shall verify the reliability, credibility, adherence and accuracy of the output data disclosed by a concerned entity. Verification shall be carried out at least annually, and in accordance with the delegated acts referred to in Article 13 (9).
Amendment 311 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. Where calculation tools are used that are not external, the conformity assessment body shall assess its compliance with the requirements set out by the reference methodology referred to in Article 4(1).
Amendment 312 #
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 mannerwithout delay. That entity shall then correct the calculation or remedy non- conformities so as to enable the verification process to be completed. If the entity, following at least two notifications by the conformity assessment body, refuses to correct the calculations or remedy non-conformities with regard to Article 4 to 9 of this regulation, the competent authority upon request of the conformity assessment body shall initiate a penalty procedure in accordance with the delegated act referred to in paragraph 9. The penalties provided for shall be effective, proportionate and dissuasive and shall, for the most serious infringements committed by a legal person, be at least 5% of the operator’s annual turnover in the financial year preceding the year in which the fine is imposed in the Union.
Amendment 318 #
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Upon completion of the verification, the conformity assessment body shall draw up, where appropriate, a proof of compliance confirming that the output data comply with the respective requirements set out in this Regulation and specifying whether the entity uses either detailed or aggregated primary data.
Amendment 320 #
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 the annual verification pursuant to paragraphs 1 to 6. By 31 March each year, the conformity assessment body shall notify that list to the Commission.
Amendment 322 #
Proposal for a regulation
Article 13 – paragraph 9
Article 13 – paragraph 9
9. The Commission shall adopt implementingdelegated acts in accordance with Article 176 laying down detailed rules on the verification of the output data and, the related proof of compliance and the penalty procedure. Those rules shall include provisions related to the evidence referred to in Article 10(5), and the communication rights associated with the use of primary data referred to in Article 10(4).
Amendment 324 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The conformity assessment body shall be independent from any entity applying for the verification or certification activities referred to in Articles 11, 12 and 13.
Amendment 325 #
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. The accreditation shall be valid for 5 years, after which it may be renewed for the same period on the basis of the applicable procedures under Union and national law.
Amendment 328 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The power to adopt delegated acts as referred to in Article 4(4), Article 4(5), Article 9(4), Article 13(9), and Article 15(4) shall be conferred on the Commission for an undetermined period of time from [OP: Please insert a date: entry into force of this Regulation].
Amendment 331 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Article 4(4), Article 4(5), Article 9(4), Article 13(9), and Article 15(4) 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 333 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. A delegated act adopted pursuant to Article 4(4), Article 4(5), Article 9(4), Article 13(9), and Article 15(4) 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 336 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
The Commission shall carry out an evaluation of this Regulation in light of the objectives that it pursues and present a report on the main findings to the European Parliament and the Council by [OP: please insert a date: 5 year48 months after the Regulation is applicable]. In that report, the Commission shall consider, inter alia, the possibility to update the existing methodology in order to calculate and report life-cycle greenhouse gas emissions of transport services as referred to in Article 4(5a), including in particular with relation to vehicle manufacturing, maintenance, and end-of-life, the construction, maintenance and use of infrastructure, as well as the equivalent climate impact of non-CO2 emissions in aviation. The Commission shall, where appropriate, accompany the report with a legislative proposal for amending this Regulation.
Amendment 341 #
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] to entities providing or organising freight and passenger transport services in the Union that calculate greenhouse gas emissions of a transport service starting in, transiting through or ending on the Union territory and disclose disaggregated information on those emissions to any third party for commercial or regulatory purposes. From [OP please insert: 42 months after entry into force of this Regulation], this Regulation shall apply to any entity providing freight or passenger transport services starting in, transiting through or ending on the Union territory.
Amendment 348 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. However, Article 4(4), Article 4(5) and Article 4 (6), Article 7(4(6), Article 6(1), Article 7(4), Article 8(1), Article 9(4), Article 11(6), Article 13(9) and Article 15(4) shall apply from the date of entry into force of this Regulation.