23 Amendments of Pablo ARIAS ECHEVERRÍA related to 2021/0210(COD)
Amendment 108 #
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. 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 a scaled production and 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 112 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) LNG today plays a role as a transition low-carbon fuel while laying the ground for the roll out of bioLNG and eLNG in the coming years. Account needs to be taken of the technological advantages of these decarbonized alternatives in terms of abatement costs and infrastructure readiness.
Amendment 114 #
Proposal for a regulation
Recital 4
Recital 4
(4) In order to produce an effect on all the activities of the maritime transport sector, it is appropriate that this Regulation covers a share of the voyages between a port under the jurisdiction of a Member State and port under the jurisdiction of a third country. This Regulation should thus apply to half of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port outside the jurisdiction of a Member State, half of the of the energy used by a ship performing voyages departing from a port under the jurisdiction of a Member State and arriving at a port outside the jurisdiction of a Member State, the entirety of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a Member State from a port under the jurisdiction of a Member State, and the energy used at berth in a port under the jurisdiction of a Member State. Such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the Union and third countries ensures the effectiveness of this Regulation, including by increasing the positive impact on the environment of such framework. Simultaneously, such framework should limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union by including in its scope the entirety of the energy used on voyages from a non-EU neighbouring country transhipment port to a port of call under the jurisdiction of a Member State. In order to ensure smooth operation of maritime traffic, a level playing field among maritime transport operators and among ports, and avoid distortions in the internal market, all journeys arriving or departing from ports under jurisdiction of Member States, as well as the stay of ships in those ports should be covered by uniform rules contained in this Regulation.
Amendment 128 #
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 or voyages to and from EU outermost regions.
Amendment 129 #
Proposal for a regulation
Recital 5
Recital 5
(5) The rules laid down in this Regulation should apply in a non- discriminatory manner to all ships regardless of their flag. For reasons of coherence with Union and international rules in the area of maritime transport, this Regulation should not apply to warships, naval auxiliaries, fish-catching or fish- processing ships, or government ships used for non-commercial purposes.
Amendment 133 #
Proposal for a regulation
Recital 6
Recital 6
(6) The person or organisation partially 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 affecting the greenhouse gas intensity of the energy used by the ship accountable for the compliance costs under this Regulation. This entity would normally be the entity that is responsible for the choice of fuel, route and speed of the ship. __________________ 21 Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Amendment 134 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) However, those companies cannot be held totally responsible for the compliance of this Regulation, since they cannot influence the availability of the different types of fuel in ports for maritime transport. This availability can only be ensured by maritime fuel suppliers that even have access to EU funds to ensure that the appropriate infrastructures are in place. Therefore, obligations for maritime fuel suppliers should be set for them to bear part of the compliance costs of this Regulation.
Amendment 273 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) the entirety of the energy used on voyages from a non-EU neighbouring country transhipment port to a port of call under the jurisdiction of a Member State,
Amendment 277 #
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, except those from a non-EU neighbouring country transhipment port.
Amendment 285 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
This Regulation does not apply to: (a) warships, naval auxiliaries, fish- catching or fish-processing ships, wooden ships of a primitive build, ships not propelled by mechanical means, or government ships used for non-commercial purposes, (b) voyages to and from outermost regions.
Amendment 295 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘renewable fuels of non-biological origin’ means renewable liquid and gaseous transport fuels of non- biological origin as defined in Article 2, point (36), of Directive (EU) 2018/2001;
Amendment 305 #
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) ‘port of call’ means a port of call as defined in Article 3, point (b) of Regulation (EU) 2015/757. For the purpose of this Regulation stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, making repairs, taking shelter from adverse weather, stops because the ship is in need of assistance or in distress, ship-to-ship transfers outside ports and stops in a transhipment port of a non-EU neighbouring country are excluded;
Amendment 307 #
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) “transhipment port” is the port where the movement of one type of cargo to be transhipped exceeds 60 % of the total traffic of that port. Cargo, container or goods are transhipped when they are unloaded from the ship to the port for the sole purpose of loading them on another ship;
Amendment 309 #
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) ‘company’ means company as defined in Article 3, point (d) of Regulation (EU) 2015/757 or any other entity that assumes the ultimate responsibility for the procurement, purchase, payment or reimbursement of the cost of the fuel, through a contractual agreement;
Amendment 312 #
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) ‘maritime fuel supplier’ means a fuel supplier as defined in Article 2, second paragraph, point 38 of Directive (EU) 2018/2001, supplying marine fuel at a Union port;
Amendment 387 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Maritime fuel suppliers 1. Maritime fuel suppliers shall ensure that the supply of fuels in the Union ports is sufficient for ships to meet the requirements set out in Article 4(2). 2. Marine fuel suppliers shall provide to the master of the ship a ‘FuelEU Maritime Bunker Certificate’ which should be annexed to the Bunker Delivery Note. The fuel supplier shall be responsible for the accuracy of the information. 3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to calculate and publish two years before the entry into force of this Regulation the total quantities of fuels referred to in paragraph 1.
Amendment 391 #
Proposal for a regulation
Article 4 b (new)
Article 4 b (new)
Article 4 b Supply plans and reporting obligations for maritime fuel suppliers 1. By 31 March of each year maritime fuel suppliers shall develop and record in the compliance database, referred to in Article 16, a comprehensive plan for the projected supply of the fuels to comply with Article 4 a (new). The supply plan shall include the following information for each of the fuels projected to be supplied at Union ports: (a) the list of the Union ports and their geographical location; (b) the type of fuels and volumes; (c) the well-to-wake emission factors, origin of feedstock and conversion process. 2. By 31 March of each reporting year, maritime fuel suppliers shall record in the compliance database the following information: (a) the volume of each type of fuels supplied at each Union port; (b) the well-to-wake emission factors, origin of feedstock and conversion process for each type of renewable marine fuels supplied at Union ports. 3. The Commission shall make public the information recorded in the compliance database referred to in paragraphs 1 and 2.
Amendment 484 #
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) greenhouse gas emissions factors of renewable fuels of non-biological origin and recycled carbon fuel that comply with the greenhouse gas emission savings thresholds set out in Articles 25 and 27(31) of Directive (EU) 2018/2001 shall be determined according to the methodologies set out in that Directive;
Amendment 524 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. When the supply of fuels referred to in Article 4a is not sufficient at the Union ports of call in accordance with the supply plan of the maritime fuel suppliers, the ship shall submit a fuel non- availability report (FNAR). The report shall cover all the Union port calls during the compliance period and it shall be submitted to the competent authorities and the Commission.
Amendment 565 #
Proposal for a regulation
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. The maritime fuel supplier shall pay the penalty referred to in paragraph 1 when a ship submits a FNAR. If more than one fuel supplier is included in the FNAR, the penalty shall be divided among the fuel suppliers proportionally. This penalty shall be deducted from the amount paid by the company under paragraph 1.
Amendment 607 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4(6), 4a(3), 5(4), 9(3), 13(3), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 657 #
Proposal for a regulation
Annex I – paragraph 4 – subparagraph 1
Annex I – paragraph 4 – subparagraph 1
For the purpose of this regulation the term c ∑kEk × CO2eq electricity, k in the numerator of Equation (1) shall be set to zeroequal to the associated emissions of the electricity mix in the territory of the Member State to which the port belongs, considering the two-year period before the year in which the electricity is supplied.
Amendment 670 #
Proposal for a regulation
Annex II – paragraph 11
Annex II – paragraph 11
Column 7 contains the emission factor Cf for methane in [gCH4/gfuel]. Default values as contained in the table shall be used. Values certified by mean of testing can be used in place of the default values. For LNG fuels (i.e. LNG, bio-LNG and e- LNG) Cf for methane are set to zero.