Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | TRAN | WARBORN Jörgen ( EPP) | TAX Vera ( S&D), KATAINEN Elsi ( Renew), PAULUS Jutta ( Verts/ALE), CAMPOMENOSI Marco ( ID), VAN OVERTVELDT Johan ( ECR), PIMENTA LOPES João ( GUE/NGL) |
Committee Opinion | ENVI | WÖLKEN Tiemo ( S&D) | Maria SPYRAKI ( PPE), Catherine CHABAUD ( RE), Idoia VILLANUEVA RUIZ ( GUE/NGL) |
Committee Opinion | ITRE | ANDRESEN Rasmus ( Verts/ALE) | Nicola DANTI ( RE), Eva KAILI ( S&D), Marisa MATIAS ( GUE/NGL), Evžen TOŠENOVSKÝ ( ECR) |
Lead committee dossier:
Legal Basis:
RoP 57, TFEU 100-p2
Legal Basis:
RoP 57, TFEU 100-p2Subjects
Events
The European Parliament adopted by 555 votes to 48, with 25 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the Commission's proposal as follows:
Subject matter and objective
This Regulation lays down uniform rules imposing: (a) a limit on the greenhouse gas (GHG) intensity of energy used on board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State; and (b) an obligation to use on-shore power supply (OPS) or zero-emission technology in ports under the jurisdiction of a Member State.
Its objective in doing so is to increase consistent use of renewable and low-carbon fuels and substitute sources of energy in maritime transport across the Union, in line with the objective of reaching Union-wide climate neutrality at the latest by 2050, while ensuring the smooth operation of maritime transport, creating regulatory certainty for the uptake of renewable and low-carbon fuels and sustainable technologies and avoiding distortions in the internal market.
GHG intensity limit on energy used on board by a ship
The amended text stipulates that ships must gradually reduce their greenhouse gas (GHG) emissions by reducing the amount of GHGs in the energy they use by:
- 2% from 1 January 2025;
- 6% from 1 January 2030;
- 14.5% from 1 January 2035;
- 31% from 1 January 2040;
- 62% from 1 January 2045;
- 80% from 1 January 2050 .
This will apply to ships with a gross tonnage of more than 5 000 tonnes , as well as all energy used on board or between EU ports, and 50% of the energy used during voyages when the port of departure or arrival is outside the EU, or in the outermost regions of the EU.
Member States may exempt specific routes and ports from the application of the Regulation in respect of the energy used on voyages performed by passenger ships other than cruise passenger ships between a port of call under the jurisdiction of a Member State and a port of call under the jurisdiction of the same Member State located in an island with fewer than 200 000 permanent residents, and in respect of the energy used during their stay within a port of call of that island. No such exemptions should apply beyond 31 December 2029.
Use of Renewable Fuels of Non-Biological Origin (RFNBO)
For the calculation of the GHG intensity of the energy used on board by a ship, from 1 January 2025 to 31 December 2033 a multiplier of “2” can be used to reward the ship for the use of RFNBO.
The Commission should monitor, calculate and annually publish at the latest 18 months after the end of each reporting period, the share of RFNBO in the yearly energy used on board by ships falling under the scope of this Regulation.
The new rules set a 2% renewable fuels usage target as of 2034 if the Commission reports that in 2031 renewable fuels of non-biological origin (RFNBO) amount to less than 1% of fuel mix.
If monitoring and the Commission's assessment show conclusively that the production capacity and availability of RFNBO for the maritime sector are insufficient, that the geographical distribution of these fuels is uneven or that the price of these fuels is too high, the 2% sub-target should not apply.
On-shore power supply
In order to significantly reduce air pollution in ports, containerships and passenger ships will be obliged to use on-shore power supply for all electricity needs while moored at the quayside in major EU ports as of 2030.
Different OPS projects and solutions have been tested for ships at anchorage, but there is currently no mature and scalable technical solution available. For that reason, the obligation to use OPS should be, in principle, limited to ships moored at the quayside. Nevertheless, the Commission should regularly reassess the situation, with a view to extending that obligation to ships at anchorage, when the necessary technologies are sufficiently mature. In the meantime, Member States should be allowed to impose, in certain cases, the obligation to use OPS on ships at anchorage, for example in ports that are already equipped with such technology or are located in areas where any pollution should be avoided.
Exceptions from the obligation to use OPS should also be provided for a number of objective reasons, subject to verification by the competent authority of the Member State of the port of call or any duly authorised entity, after consulting relevant entities where appropriate.
Such exceptions should be limited to unscheduled port calls, which are not made on a systematic basis, for reasons of safety or saving life at sea, to short stays of ships moored at the quayside of less than two hours as this is the minimum time required for connection, to cases of unavailability or incompatibility of OPS, to the use of onboard energy generation under emergency situations and to maintenance and functional tests.
Certification and penalties
A robust certification and monitoring of fuels is essential to achieve the objectives of this Regulation and guarantee the environmental integrity of the renewable and low-carbon fuels that are expected to be deployed in the maritime sector.
Verification activities are carried out by verifiers. Verifiers should be equipped with means and staff commensurate with the size of the fleet for which they perform verification activities under this Regulation. Verification should ensure the accuracy and completeness of the monitoring and reporting by companies and the compliance with this Regulation.
A document of compliance (the FuelEU document of compliance) issued by a verifier or, where applicable, the competent authority of the administering State should be held by ships as evidence of compliance with the limits on the GHG intensity of the energy used on board by a ship and with the obligation to use on-shore power supply. Verifiers should record in the FuelEU database the issuance of the FuelEU document of compliance.
A FuelEU penalty should be imposed also for each non-compliant port call. That FuelEU penalty should be proportionate to the cost of using the electricity at sufficient level, should have a dissuasive effect as regards the use of more polluting energy sources and should be expressed in a fixed amount in EUR, multiplied by the established total electrical power demand of the ship at berth and by the total number of hours, rounded up to the nearest whole hour, spent at berth in noncompliance with on-shore power supply requirements.
The European Parliament adopted by 451 votes to 137, with 54 abstentions, amendments to the proposal for a regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC.
The matter was referred back to the committee responsible for interinstitutional negotiations.
The main amendments adopted in plenary concern the following points:
Objective and purpose
This Regulation lays down uniform rules imposing: (a) the limit on the greenhouse gas (‘GHG’) intensity of energy used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and (b) the obligation to use on-shore power supply or zero-emission technology in ports under the jurisdiction of a Member State.
In doing so, the Regulation aims to increase consistent use of renewable and low carbon fuels and substitute sources of energy in maritime transport across the Union, in line with the Union’s objective of reaching climate neutrality at the latest by 2050 and the goals of the Paris Agreement, while ensuring the smooth operation of maritime traffic, creating development opportunities for the maritime industry and avoiding distortions in the internal market.
Scope
The proposed Regulation should apply to all ships above a gross tonnage of 5000 and encompasses 100% of their intra-EU voyages and 50% of their voyages between EU ports and ports located in third countries.
Members proposed the inclusion of a new article stipulating that Member States may, in respect of the energy used on voyages performed by passenger ships other than cruise passenger ships between a port of call under the jurisdiction of a Member State and a port of call under the jurisdiction of the same Member State located in an island with fewer than 100 000 permanent residents, and in respect of the energy used during their stay within a port call of the corresponding island, exempt specific routes and ports from the application of the Regulation.
In addition, the report requested that the Commission continuously monitor the impact of this Regulation on cargo diversion, in particular via transhipment ports in neighbouring countries. Where the Commission identifies major negative impacts on Union ports, the Commission should submit legislative proposals to the European Parliament and to the Council to amend this Regulation.
Greenhouse gas intensity limit of energy used on-board by a ship
Members proposed to reduce greenhouse gas limits by:
- 20% from 1 January 2035;
- 38% from 1 January 2040;
- 64% from 1 January 2045;
- 80% from 1 January 2050.
The Commission had proposed reductions of 13%, 26%, 59% and 75%.
Use of renewable fuels of non-biological origin
Parliament proposed that Member States should take the necessary measures to ensure that renewable fuels of non-biological origin (RFNBOs) are made available in ports within their territory.
From 1 January 2030, at least 2% of the average annual energy used on board a ship should be covered by RFNBOs.
By 2028 at the latest, the Commission should evaluate this obligation with a view to adjusting it if for example there are serious concerns about the production capacity, availability or price of such renewable fuels.
On-shore power supply
Regarding the requirement for ships to connect to on-shore power supply in certain situations in order to limit harmful air pollution, a new article proposed that from 1 January 2030 , a ship at berth in a port of call covered by the Alternative Fuels Infrastructure Regulation should connect to on-shore power supply and use it for all its electricity needs while at berth. In the event that a non-TEN-T port has voluntarily installed on-shore power supply, ships calling at that port and having compatible on-shore power supply equipment on-board should connect to on-shore power supply when available at the visited berth.
Consultations should be organised between managing bodies of ports, terminal operators, ship-owners, ship-operators, OPS providers, grid managers and other relevant stakeholders to ensure cooperation on the OPS infrastructure that is planned and deployed in individual ports, as well as on the demand expected from vessels calling on these ports.
Ocean Fund
Members proposed the setting up of a dedicated Ocean Fund channelling revenues generated from the auctioning of maritime allowances within the ETS back to the maritime sector. The revenue from the financial penalties provided for in the Regulation should be paid into the Oceans Fund and used to support projects and investments related to improving the energy efficiency of ships and ports, to innovative technologies and infrastructure for decarbonising maritime transport, to the production and deployment of sustainable alternative fuels and to the development of zero-emission propulsion technologies.
Reporting and monitoring
By 1 January 2024, the Commission should draw up a report on the social impact of the Regulation. This report should include a projection of the impact of the Regulation on employment and training needs up to 2030 and 2050.
The Regulation should be reviewed, and when needed, amended, as new greenhouse gas abatement technologies , such as on-board carbon capture, new renewable and low-carbon fuels and new propulsion methods, such as wind propulsion, become technically and economically mature.
The Commission should continuously evaluate the maturity of different greenhouse gas abatement technologies and present a first review in this regard by 1 January 2027.
The Committee on Transport and Tourism adopted a report by Jörgen WARBORN (EPP, SE) on the proposal for a regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Objective and purpose
This Regulation lays down uniform rules imposing: (a) the limit on the greenhouse gas (‘GHG’) intensity of energy used on-board by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and (b) the obligation to use on-shore power supply or zero-emission technology in ports under the jurisdiction of a Member State. Its purpose in doing so is to increase consistent use of renewable and low carbon fuels and substitute sources of energy in maritime transport across the Union, in line with the Union’s objective of reaching climate neutrality at the latest by 2050 and the goals of the Paris Agreement, while ensuring the smooth operation of maritime traffic, creating development opportunities for the maritime industry and avoiding distortions in the internal market.
Scope
The proposed Regulation should apply to all ships above a gross tonnage of 5000 and encompasses 100% of their intra-EU voyages and 50% of their voyages between EU ports and ports located in third countries.
Members proposed the inclusion of a new article stipulating that Member States may, in respect of the energy used on voyages performed by passenger ships other than cruise passenger ships between a port of call under the jurisdiction of a Member State and a port of call under the jurisdiction of the same Member State located in an island with fewer than 100 000 permanent residents, and in respect of the energy used during their stay within a port call of the corresponding island, exempt specific routes and ports from the application of the Regulation.
In addition, the report requested that the Commission continuously monitor the impact of this Regulation on cargo diversion , in particular via transhipment ports in neighbouring countries. Where the Commission identifies major negative impacts on Union ports, the Commission shall submit legislative proposals to the European Parliament and to the Council to amend this Regulation.
Greenhouse gas intensity limit of energy used on-board by a ship
Members proposed to reduce greenhouse gas limits by:
- 20% from 1 January 2035;
- 38% from 1 January 2040;
- 64% from 1 January 2045;
- 80% from 1 January 2050.
For ships in ice classes , a correction factor should be applied, resulting in the deduction of the higher fuel consumption linked to ice navigation.
Use of Renewable Fuels of Non-Biological Origin
The report proposed that Member States should take the necessary measures to ensure that renewable fuels of non-biological origin (RFNBOs) are made available in ports within their territory. From 1 January 2030, at least 2% of the average annual energy used on board a ship should be covered by RFNBOs.
On-shore power supply
Regarding the requirement for ships to connect to on-shore power supply in certain situations in order to limit harmful air pollution, a new article proposed that from 1 January 2030, a ship at berth in a port of call covered by the Alternative Fuels Infrastructure Regulation should connect to on-shore power supply and use it for all its electricity needs while at berth. In the event that a non-TEN-T port has voluntarily installed on-shore power supply, ships calling at that port and having compatible on-shore power supply equipment on-board should connect to on-shore power supply when available at the visited berth.
Calculation of emission factors and compliance
The proposed Regulation provides tables with default reference values for the calculation of emission factors for fuels from well-to-tank and from tank-to-wake. These default values should, depending on the fuel mix bunkered by a vessel, constitute the basis for determining a ship’s compliance or non-compliance. Members suggested that the use of default values laid down in the annexes should be complemented by the possibility for a ship owner or operator to use real values for well-to-tank and tank-to-wake emissions provided that the actual values are certified by means of laboratory testing or direct emissions measurements.
Dedicated Ocean Fund
Members proposed the setting up of a dedicated Ocean Fund channelling revenues generated from the auctioning of maritime allowances within the ETS back to the maritime sector.
The revenue from the financial penalties provided for in the Regulation should be paid into the Oceans Fund and used to support projects and investments related to improving the energy efficiency of ships and ports, to innovative technologies and infrastructure for decarbonising maritime transport, to the production and deployment of sustainable alternative fuels and to the development of zero-emission propulsion technologies.
PURPOSE: to propose an EU common framework on the use of renewable and low-carbon fuels in maritime transport (FuelEU).
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: 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 marine fuel prices can have a significant impact on the economic performance of ship operators. At the same time, the price differential between conventional fossil-based marine fuels and low-carbon renewable fuels remains high.
In order to achieve significant reductions in CO2 emissions from international shipping, measures are needed to ensure that the penetration of low-carbon renewable fuels in the marine fuel market takes place under fair competition in the EU shipping market.
The European Green Deal launched a new growth strategy for the EU that aims to transform the EU into a fair and prosperous society, with a modern, resource-efficient and competitive economy. The ‘ European Climate Law ’ has made the EU's climate neutrality target by 2050 legally binding.
The Commission has presented a complementary and interconnected set of proposals as part of the 2030 Climate and Energy ‘Fit for 55’ package to achieve the greenhouse gas emission reduction target of at least 55% compared to 1990 . This ‘Fit for 55’ legislative package is the most comprehensive building block in the efforts to implement the ambitious new 2030 climate target, and all economic sectors and policies will need to make their contribution.
CONTENT: the Commission proposes the FuelEU Maritime Initiative which aims to establish a common EU regulatory framework to increase the share of renewable and low-carbon fuels in the fuel mix of international maritime transport without creating barriers to the single market.
In particular, the proposed Regulation:
- lays down rules to reduce the greenhouse gas intensity of energy used on-board by ships arriving at, within or departing from ports under the jurisdiction of a EU Member State, to promote the harmonious development and consistent use of renewable and low-carbon fuels across the Union, without introducing barriers to the single market to promote the reduction of greenhouse gas emissions from maritime transport;
- establishes requirements for the use of on-shore power supply or zero-emission energy at berth for specific ship types and lists possible exceptions;
- lays down the conditions to the issue a FuelEU certificate of compliance;
- encourages the use of sustainable maritime fuels and zero-emission technologies by imposing a maximum limit on the greenhouse gas content of the energy used by ships calling at European ports
- obliges passenger ships and container ships to use on-shore power in ports under the jurisdiction of a Member State, unless they can demonstrate that they use an alternative zero-emission technology;
- establishes common principles for monitoring compliance: the regulation builds on the existing system of monitoring, verification and reporting of greenhouse gas emissions from the sector;
- establishes the requirement for ships to carry a valid FuelEU compliance certificate and sets out the conditions for issuing a FuelEU certificate of compliance;
- establishes the penalties to be incurred if compliance has not been achieved;
- requires the Commission to report to the European Parliament and the Council on the application of this Regulation, at least every five years.
Budgetary implications
Expected costs of EUR 500 000 are related to IT services, IT system development and the pooling of ships for compliance.
Documents
- Final act published in Official Journal: Regulation 2023/1805
- Final act published in Official Journal: OJ L 234 22.09.2023, p. 0048
- Draft final act: 00026/2023/LEX
- Decision by Parliament, 1st reading: T9-0262/2023
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE746.978
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2023)003055
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)003055
- Text agreed during interinstitutional negotiations: PE746.978
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0367/2022
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0233/2022
- Committee opinion: PE704.703
- Committee opinion: PE703.146
- Amendments tabled in committee: PE731.663
- Amendments tabled in committee: PE731.682
- Committee draft report: PE729.908
- Contribution: COM(2021)0562
- Economic and Social Committee: opinion, report: CES3630/2021
- Contribution: COM(2021)0562
- Contribution: SWD(2021)0635
- Contribution: SWD(2021)0636
- Document attached to the procedure: SEC(2021)0562
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0635
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0636
- Legislative proposal published: COM(2021)0562
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2021)0562
- Document attached to the procedure: EUR-Lex SWD(2021)0635
- Document attached to the procedure: EUR-Lex SWD(2021)0636
- Economic and Social Committee: opinion, report: CES3630/2021
- Committee draft report: PE729.908
- Amendments tabled in committee: PE731.663
- Amendments tabled in committee: PE731.682
- Committee opinion: PE703.146
- Committee opinion: PE704.703
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)003055
- Text agreed during interinstitutional negotiations: PE746.978
- Draft final act: 00026/2023/LEX
- Contribution: COM(2021)0562
- Contribution: SWD(2021)0635
- Contribution: SWD(2021)0636
- Contribution: COM(2021)0562
Activities
- Ismail ERTUG
- Pedro SILVA PEREIRA
- Izaskun BILBAO BARANDICA
Plenary Speeches (1)
- Nicola DANTI
Plenary Speeches (1)
- Karima DELLI
Plenary Speeches (1)
- Andor DELI
Plenary Speeches (1)
- Eva KAILI
Plenary Speeches (1)
- Cláudia MONTEIRO DE AGUIAR
Plenary Speeches (1)
- Caroline NAGTEGAAL
Plenary Speeches (1)
- Ljudmila NOVAK
Plenary Speeches (1)
- Dimitrios PAPADIMOULIS
Plenary Speeches (1)
- João PIMENTA LOPES
Plenary Speeches (1)
- Stanislav POLČÁK
Plenary Speeches (1)
- Bronis ROPĖ
Plenary Speeches (1)
- Maria SPYRAKI
Plenary Speeches (1)
- Clare DALY
Plenary Speeches (1)
- José Ramón BAUZÁ DÍAZ
Plenary Speeches (1)
- Catherine CHABAUD
Plenary Speeches (1)
- Pierre KARLESKIND
Plenary Speeches (1)
- Benoît LUTGEN
Plenary Speeches (1)
- Mick WALLACE
Plenary Speeches (1)
- Sylvia LIMMER
Plenary Speeches (1)
- Eugen JURZYCA
Plenary Speeches (1)
- Beata MAZUREK
Plenary Speeches (1)
- Aurélia BEIGNEUX
Plenary Speeches (1)
- Anna DEPARNAY-GRUNENBERG
Plenary Speeches (1)
- Maxette PIRBAKAS
Plenary Speeches (1)
- Petar VITANOV
Plenary Speeches (1)
- Vera TAX
Plenary Speeches (1)