A-9-2022-0233 — EU Parl Watch

Rapporteurs for the opinions of associated committees pursuant to Rule 57 of the Rules of Procedure:

Tiemo Wölken, Committee on the Environment, Public Health and Food Safety

Rasmus Andresen, Committee on Industry, Research and Energy

PR_COD_1amCom

Symbols for procedures

* Consultation procedure

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

DRAFT EUROPEAN PARLIAMENT 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

(COM(2021)0562 – C90333/2021 – 2021/0210(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0562),

– having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90333/2021),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Seanad Éireann, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 8 December 2021,

– after consulting the Committee of the Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Industry, Research and Energy,

– having regard to the report of the Committee on Transport and Tourism (A9-0233/2022),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, and a loss of connectivity for citizens and businesses

(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a global level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, fewer jobs and a loss of connectivity for citizens and businesses.

Amendment 2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1 a) The maritime sector employs 2 million Europeans and contributes EUR 149 billion to the economy. For every EUR 1 million generated in the shipping industry, EUR 1,8 million are generated elsewhere in the EU economy.1a

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1a European Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.

Amendment 3

Proposal for a regulation

Recital 1 b (new)

Text proposed by the Commission

Amendment

(1 b) Maritime transport is the most environmentally friendly transport mode with significantly lower greenhouse gas emissions per tonne of goods transported compared to other modes1a. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11 % of all EU CO2 emissions from transport and 3 to 4 % of total EU CO2emissions. CO2 emissions from maritime transport are expected to increase, unless further action is taken. All sectors of the economy must contribute to the swift reduction of GHG emissions towards net-zero GHG emissions by 2050 at the latest as enshrined in Regulation (EU) 2021/1119. It is therefore essential for the Union to set out an ambitious pathway for the swift ecological transition of the maritime sector, which would also contribute to maintaining and further promoting its global leadership in the green technologies, services and solutions, and to further stimulating job creation in the related value chains while retaining competitiveness.

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1a European Environment Agency study, 2020, https://www.eea.europa.eu/publications/rail-and-waterborne-transport

Amendment 4

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to motivate the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happen by 2030 to prepare for much more rapid change thereafter.

(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050 at the latest, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)[1]as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’[2].This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to promote and speed up a large-scale production and the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector, whilst respecting the principle of technological neutrality. The necessary technology development and deployment should be supported as soon as possible and must be under way by 2030 to prepare for much more rapid change thereafter. It is also essential to foster innovation and to support research for emerging and future innovation such as emerging alternative fuels, eco-design, bio based materials, wind propulsion and wind-assisted propulsion.

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19 COM(2020) 563 final

20 COM(2020) 562 final

Amendment 5

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2 a) LNG is likely to play a transitional role in maritime transport, enabling a gradual transition towards zero-emission alternatives, especially where there is currently no economically viable zero-emission powertrain technology available.The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifespan of the ships. Transport fuels such as LNG need increasingly to be decarbonised by blending with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e-gas) for instance.

Amendment 6

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 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.

(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 - typically between 35 % and 53 % of shipping freight rates. Policy measures must therefore be cost-effective and aim to generate the largest possible decarbonisation at the lowest possible cost. 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, which could also contribute to a risk of loss of competitiveness of Union ports vis-à-vis non-Union ports. This may lead to carbon leakage and business leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable and low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market, leaving shipping operators a lower abatement cost option. The availability of such an option is essential to guarantee the competitiveness of European shipping industries and the relevance of logistic routes linking European ports with global trade.

Amendment 7

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3 a) The maritime sector is characterised by fierce international competition. Major differences in regulatory burdens across flag states have exacerbated unwanted practices such as the reflagging of vessels. The sector's intrinsic global character underlines the importance of a flag-neutral approach and of a favourable regulatory environment, which is a precondition for attracting new investment and safeguarding the competitiveness of European ports, ship owners and operators.

Amendment 8

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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 limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. 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.

(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. This framework should limit the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. 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. The Commission should set up a monitoring scheme specifically to assess carbon leakage and business leakage, as well as potential evasive practices, and draft a list of potential business activities that do not fall under significant business activities performed at neighbouring EU port calls. In doing so, if significant carbon leakage and business leakage as well as evasive practices are reported, the Commission should propose measures to tackle these issues.

Amendment 9

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4 a) Given that this Regulation will impose additional compliance costs on the sector, compensatory actions need to be taken in order to prevent the total level of regulatory burden from increasing. Before the application of this Regulation, the Commission should therefore present proposals offsetting the regulatory burdens introduced by this Regulation, through the amendment or repeal of provisions in other Union legislative acts that generate regulatory burdens in the maritime sector.

Amendment 10

Proposal for a regulation

Recital 4 b (new)

Text proposed by the Commission

Amendment

(4 b) In order to ensure the necessary degree of legal and investment certainity, this Regulation should be closely aligned to and consistent with Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation), the Directive2003/87/EC (EU ETS), Directive XXXX-XXX (Renewable Energy Directive), and Directive 2003/96/EC (Energy Taxation Directive). Such alignment should result in a coherent legislative framework for the shipping sector, that contributes to significantly increasing the production of sustainable alternative fuels, ensures the deployment of the necessary infrastructure and incentivises the use of these fuels in a steadily growing share of vessels. In order to ensure overall consistency with the Union’s climate, competitiveness and ‘sustainable economic growth’ targets the overarching, combined and cumulative climate and economic impacts of those legislative acts should be evaluated comprehensively and continuously.

Amendment 11

Proposal for a regulation

Recital 4 c (new)

Text proposed by the Commission

Amendment

(4 c) The obligation for ports to provide an on-shore power supply should be matched by a corresponding obligation for ships to connect to the charging infrastructure designed to deliver that power supply while at berth, in order to ensure the effectiveness of that infrastructure and avoid the risk of stranded assets. Furthermore, efforts should be made to reduce the costs associated with on-shore charging by permanently exempting electricity supplied to vessels in port from taxation through amendments to Directive XXXX-XXXX (Energy Taxation Directive).

Amendment 12

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5 a) With the increased costs of shipping for the vessels which do not comply with the requirements of this Regulation, the risk of evasive behaviour and circumvention of the provisions of this Regulation, in particular on the segment of liner container trade, should be addressed. Port calls to ports in the Union’s vicinity in order to limit the costs of compliance with this Regulation would not only diminish the environmental benefits expected and significantly undermine the objectives pursued by this Regulation, but could lead to additional emissions, due to the extra distance travelled to evade the application of this Regulation. It is therefore appropriate to exclude from the concept of port of call certain stops at non-Union ports. That exclusion should target ports in the Union’s vicinity where the risk of evasion is the greatest. A limit of 300 nautical miles constitutes a proportionate response to that risk, balancing the additional burden and the risk of evasion. Moreover, the exclusion from the concept of port of call should only target containerships and ports the main activity of which is the transshipment of containers. For such shipments, the risk of evasion also consists in a shift of port hub to ports outside the Union aggravating the effects of the evasion. For this reason, and in the absence of an IMO mandatory scheme on the use of renewable and low carbon fuels for international voyages at the global level that has a similar level of ambition to that of the requirements set out in this Regulation, stops of containerships in a neighbouring container transshipment port should not be considered to be stops in ports of calls within the meaning of this Regulation. In order to ensure that the measure is proportional to the objectives pursued and results in equal treatment, measures in third countries that have an effect equivalent to this Regulation should be taken into account.

Amendment 13

Proposal for a regulation

Recital 5 b (new)

Text proposed by the Commission

Amendment

(5 b) In order to take into account the specific situation of island regions, as underlined in Article 174 of the Treaty, and the need to preserve connectivity between islands and peripheral regions with central regions of the Union, temporary exemptions should be allowed for 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.

Amendment 14

Proposal for a regulation

Recital 5 c (new)

Text proposed by the Commission

Amendment

(5 c) Taking into account the special characteristics of the outermost regions of the Union, notably their remoteness and insularity, and the constraints to which they are subject, special consideration should be given to preserving their accessibility, and the ability to connect to them efficiently by means of maritime transport. Therefore, only half of the energy used on voyages departing from or arriving to a port of call located in an outermost region should be included in the scope of this Regulation. For the same reason, temporary exemptions should be allowed for voyages between a port of call located in an outermost region and another port of call located in an outermost region, and to the energy used during their stay within the port of calls of the corresponding outermost regions.

Amendment 15

Proposal for a regulation

Recital 5 d (new)

Text proposed by the Commission

Amendment

(5d) To ensure a level playing field for ships, including those built to operate in ice-covered waters on their way to, from or between Member State ports, specific information relating to a ship's ice class, and to its navigation through ice, should be considered when calculating GHG emission reductions on a vessel basis, as well as in the data monitored and reported on the basis of the Regulation (EU) 2015/757.

Amendment 16

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions 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.

(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the ship-owner 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 ship-owner 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.

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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 17

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) In order to limit the administrative burden, in particular that of smaller operators, this Regulation should not apply to wooden ships of a primitive build and ships not propelled by mechanical means and focus on ships with a gross tonnage above 5 000. Even though these latter ships represent only approximately 55% of all ships calling at ports under the Regulation (EU) 2015/757 of the European Parliament and of the Council, they are responsible for 90% of the carbon dioxide (CO2) emissions from the maritime sector.

(7) In order to limit the administrative burden, in particular that of smaller operators, this Regulation should not apply to wooden ships of a primitive build and focus on ships with a gross tonnage above 5 000. Even though these latter ships represent only approximately 55% of all ships calling at ports under the Regulation (EU) 2015/757 of the European Parliament and of the Council, they are responsible for 90% of the carbon dioxide (CO2) emissions from the maritime sector.

Amendment 18

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7 a) In order to ensure the continuing effectiveness of this Regulation, the Commission should monitor its functioning, carrying out impact assessments in respect of the gross tonnage threshold and the ship types covered by this Regulation. The Commission should, in particular, decide whether there are significant reasons to encompass smaller ships and additional ship types within the scope of this Regulation. The Commission should in particular take into account considerations such as the availability of relevant data, the potential GHG emissions reduction and the effectiveness of a scope widening in terms of climate impact, the scale of administrative burden, as well as financial and social consequences thereof.

Amendment 19

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or electricity, is therefore necessary.

(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or electricity, is therefore necessary. That approach should be implemented in a goal-based, technology-neutral and cost-effective manner.

Amendment 20

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology.

(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, ambitious limits, in line with the goals of the Paris Agreement, should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology.

Amendment 21

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

(10 a) A dedicated Ocean Fund should be established, channelling revenues generated from the auctioning of maritime allowances within the ETS back to the maritime sector. Funds provided under the Ocean Fund should be used to support projects and investments related to the improvement of 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.

Amendment 22

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.

(11) Development and deployment of renewable and low carbon fuels and propulsion technologies with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.

Amendment 23

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11 a) In order to encourage the early market development and deployment of the most sustainable and innovative fuel technologies with growth potential to meet future needs, a dedicated incentive for renewable fuels of non-biological origin (RFNBO) is necessary. This family of fuels has high potential to introduce renewable energy into the marine bunker fuel mix. In view of significantly higher production costs for RFNBOs in the short and medium terms, it is important to ensure a degree of demand that supports investment in such family of fuels. This Regulation introduces a combination of measures to ensure the support to the uptake of sustainable RNFBOs. These include (a) a multiplier until 2035 to reward companies that decide to opt for these fuels despite their relatively high price, and (b) from 2030 a fixed minimum share of RNFBOs in the fuel energy mix. To facilitate compliance with the minimum share of RNFBOs, flexibility measures according to Articles 17 and 18 of this Regulation should apply. Companies can, by means of contractual arrangements, hold the fuel suppliers accountable for the compliance costs under this Regulation, if RNFBOs were not delivered according to agreed conditions.

Amendment 24

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop-based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway.

(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop-based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominantly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway.

Amendment 25

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) The long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels.

(14) The long lead times associated with the development and deployment of new fuels and energy solutions for maritime transport, as well as the long average lifespan of ships, which typically range between 25 and 30 years, require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships, both during navigation and at berth, until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. To ensure legal certainty and to allow sufficient time for the sector to plan and prepare for the long-term, as well as to avoid the risk of stranded assets, any future proposals to amend this Regulation should be limited in scope and should avoid significant changes to the requirements.

Amendment 26

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. The use of substitute sources of energy, such as wind or electricity, should also be reflected in the methodology.

(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. The use of substitute sources of energy, such as wind or solar power, generated on-board, or electricity provided at berth, should also be reflected in the methodology.

Amendment 27

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16) In order to provide a more complete picture of the environmental performance of the various energy sources, the GHG performance of fuels should be assessed on a well-to-wake basis, taking into account the impacts of energy production, transport, distribution and use on-board. This is to incentivise technologies and production pathways that provide a lower GHG footprint and real benefits compared to the existing conventional fuels.

(16) In order to provide a more complete picture of the environmental performance of the various energy sources, the GHG performance of fuels should be assessed on a well-to-wake basis, taking into account the impacts of energy production, transport, distribution and use on-board, accounting for the footprints of the various stages of the fuel lifecycle. This is to incentivise technologies and production pathways that provide a lower GHG footprint and real benefits compared to the existing conventional fuels.

Amendment 28

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation.

(17) The well-to-wake performance of maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions.

Amendment 29

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships.

(21) The use of on-shore power supply (OPS) abates air pollution produced by ships at berth as well as reduces the amount of GHG emissions generated by maritime transport when at berth. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing shares of renewables and fossil free energy sources in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. To ensure that air pollution at berth is abated and that OPS infrastructure is economically viable and delivers a return on investment, specific rules should be established to mandate the use of OPS by the most polluting ships in situations where that use would effectively reduce emissions at a reasonable cost.

Amendment 30

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS, a ship should be exempted from its use of OPS.

(22) In addition to OPS, other zero emission technologies might be capable of offering equivalent environmental benefits in ports. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS, in terms of air pollution and GHG emissions reduction, a ship should be exempted from its use of OPS.

Amendment 31

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call and limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations.

(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call, the terminal operator or the competent authority, depending on the governance model for ports in the different Member States. Those exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations. If it is impossible to supply sufficient on-shore power, due to insufficient capacity in the local grid connected to the port, this should not be considered to be a failure by the port or by the ship owner or operator to comply with the requirements of this Regulation, provided that the insufficient local grid capacity is duly attested by the grid manager to the verifiers.

Amendment 32

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. As of 2035, ship operators should plan carefully their port calls to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS shoud be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.

(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. In order to ensure full interoperability, ports should equip their berths, and ship owners their vessels, with power installations that comply with applicable standards. From 2035, ship operators should plan carefully their calls at TEN-T ports covered by the Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS should be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment. In order to mitigate the risk of stranded assets, incompatibility of OPS infrastructure on board and at berth as well as alternative fuel demand and supply imbalances, frequent consultation meetings between relevant stakeholders should be organised to discuss and take decisions on requirements and future plans.

Amendment 33

Proposal for a regulation

Recital 24 a (new)

Text proposed by the Commission

Amendment

(24 a) The targets for provision of OPS laid down in Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) take into account the types of vessels served and the respective traffic volumes of maritime ports. The requirement for ships to connect to OPS while at berth should not apply to vessels when calling at ports outside the scope of the OPS requirement by that Regulation, unless the port has OPS installed and available at the visited berth. If a ship calls at a non-TEN-T port at which OPS is available, that ship should connect to the OPS while at berth.

Amendment 34

Proposal for a regulation

Recital 24 b (new)

Text proposed by the Commission

Amendment

(24 b) Even if OPS is an important tool to reduce local emissions of air pollutants, its potential to reduce greenhouse gas emissions depends entirely on the energy mix that is fed through the cables. To realise the full climate and environmental potential of OPS, Member States should increase the capacity and connectivity of electricity grids and continue to reduce the GHG intensity of their energy mixes, so as to provide ports with affordable, plannable and fossil free electricity.

Amendment 35

Proposal for a regulation

Recital 24 c (new)

Text proposed by the Commission

Amendment

(24 c) The implementation of this Regulation should take due account of the diverse governance models for ports across the Union, in particular as regards the responsibility for issuing a certificate exempting a vessel from the obligation to connect to OPS.

Amendment 36

Proposal for a regulation

Recital 24 d (new)

Text proposed by the Commission

Amendment

(24 d) Coordination between ports and ship operators is crucial to ensure smooth connection procedures to on-shore power in ports. Ship operators should inform the ports they call at about their intentions to connect to on-shore power and the amount of power needed during the given call, in particular when it exceeds the estimated needs for this ship category.

Amendment 37

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) A robust monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non-discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and maritime authorities.

(25) A robust and transparent monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non-discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and maritime authorities.

Amendment 38

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board or presence of wind assisting technologies, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier.

(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board and the technical specification of the wind assisting technologies, or any other alternative source of energy present on-board, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier.

Amendment 39

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Certification 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. Such certification should be undertaken by means of a transparent and non-discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to-tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake).

(27) 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. Such certification should be undertaken by means of a transparent and non-discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to-tank values) or by means of direct emissions measurements (tank-to-wake).

Amendment 40

Proposal for a regulation

Recital 27 a (new)

Text proposed by the Commission

Amendment

(27 a) The reliability and accuracy of the information concerning the characteristics of fuels is essential for the enforcement of this Regulation. Fuel suppliers that have been proven to have provided misleading or inaccurate information about the greenhouse gas intensity of the fuels they supply should be subject to a penalty. Fuel suppliers who have repeatedly provided false or misleading information should be blacklisted from the certification schemes laid down in Directive EU 2018/2001 (Renewable Energy Directive). In such cases, any fuels bunkered from its facilities should be considered to have the same emission factor as the least favourable fossil fuel.

Amendment 41

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Verification by accredited verifiers should ensure the accuracy and completeness of the monitoring and reporting by companies and the compliance with this Regulation. In order to ensure impartiality, verifiers should be independent and competent legal entities and should be accredited by national accreditation bodies established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council24 .

(28) Verification by accredited verifiers should ensure the accuracy and completeness of the monitoring and reporting by companies and the compliance with this Regulation. In order to ensure impartiality and effectiveness, verifiers should be independent and competent legal entities and should be accredited and overseen by national accreditation bodies established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council24 .

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24 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).

Amendment 42

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission

Amendment

(31 a) Companies and fuel suppliers could, by means of contractual arrangements, agree on mutual commitments to produce, supply and purchase predetermined quantities of certain fuels. Such contractual arrangements should also cover liability and establish conditions for financial compensation in cases where fuels are not made available as agreed.

Amendment 43

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The penalty imposed for each non-compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the EU average electricity price for non-household consumers multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.

(36) The penalty imposed for each non-compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the most updated EU average electricity price for non-household consumers multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.

Amendment 44

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.

(37) The revenues generated from the payment of penalties should be earmarked for the maritime sector and used to promote its decarbonisation, including support for alternative fuels development, production and deployment, alternative fuels infrastructure and OPS infrastructure, as well as new innovative technologies For this purpose these revenues should be allocated to the the Ocean Fund referred to in Article 3gab of Directive 2003/87/EC.

Amendment 45

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.

(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, the compiling of information for the calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.

Amendment 46

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well-to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor, and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well-to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on certifying actual well-to-tank emissions, the rules on conducting direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor, and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 47

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it could be regarded as more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global approach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate, with the international rules.

(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it would be significantly more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO, continuing the EU’s efforts to promote ambitious maritime decarbonisation targets on an international level. Where an agreement on a global approach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation to align it with the international rules.

Amendment 48

Proposal for a regulation

Recital 42 a (new)

Text proposed by the Commission

Amendment

(42 a) To ensure an international level playing field and maximise the environmental impact of legislation on renewable and low-carbon fuels, the Commission and Members States should promote within the IMO and other international organisations robust certification and monitoring systems for renewable fuels.

Amendment 49

Proposal for a regulation

Recital 42 b (new)

Text proposed by the Commission

Amendment

(42 b) The Commission should ensure implementation and availability of tools for collaboration and exchange of best practices for the maritime transport sector, as defined in the ‘Better Regulation Guidelines.’1a

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1a European Commission, Brussels, Commission Staff Working Document, Better Regulation Guidelines, 3.11.2021 SWD(2021) 305 final.

Amendment 50

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) The uptake of renewable and low-carbon fuels and substitute sources of energy by ships arriving at, within or departing from ports under the jurisdiction of a Member State across the Union, is not an objective that can be sufficiently achieved by the Member States without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. This objective can be better achieved by introducing uniform rules at Union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

(43) The development and large-scale uptake of renewable and low-carbon fuels and substitute sources of energy by ships arriving at, within or departing from ports under the jurisdiction of a Member State across the Union, is not an objective that can be sufficiently achieved by the Member States without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. This objective can be better achieved by introducing uniform rules at Union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

Amendment 51

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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

(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

Amendment 52

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the obligation to use on-shore power supply or zero-emission technology in ports under the jurisdiction of a Member State,

(b) an obligation to use on-shore power supply or zero-emission technology in ports under the jurisdiction of a Member State,

Amendment 53

Proposal for a regulation

Article 1 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

in order to increase consistent use of renewable and low-carbon fuels and substitute sources of energy across the Union, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.

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.

Amendment 54

Proposal for a regulation

Article 2 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

This Regulation applies to all ships above a gross tonnage of 5000, regardless of their flag in respect to:

This Regulation applies to all ships above a gross tonnage of 5000, regardless of their flag in respect of:

Amendment 55

Proposal for a regulation

Article 2 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the entirety of the energy used on voyages from a port of call under the jurisdiction of a Member State to a port of call under the jurisdiction of a Member State, and

(b) the entirety of the energy used on voyages from a port of call under the jurisdiction of a Member State to a port of call under the jurisdiction of a Member State,

Amendment 56

Proposal for a regulation

Article 2 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(b a) half of the energy used on voyages departing from or arriving at a port of call located in an outermost region under the jurisdiction of a Member State, and

Amendment 57

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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.

(c) half of the energy used on voyages departing from or arriving at 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.

Amendment 58

Proposal for a regulation

Article 2 – paragraph 2

Text proposed by the Commission

Amendment

This Regulation does not apply to 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.

This Regulation does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, or government ships used for non-commercial purposes.

Amendment 59

Proposal for a regulation

Article 2 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. By 31 December 2025, the Commission shall adopt an implementing act establishing the list of neighbouring container transshipment ports excluded from the definition of ports of call for containerships set out in this Regulation.

At least every two years thereafter, the Commission shall adopt implementing acts updating that list of neighbouring container transshipment ports excluded from the definition of ports of call for containerships set out in this Regulation.

Those implementing acts shall list neighbouring container transhipment ports located outside the Union but less than 300 nautical miles of the Union territory, where the share of transhipment of containers, measured in twenty-foot equivalent unit, exceeds 65 % of the total container traffic of that port during the most recent twelve-month period for which relevant data are available.

For the purpose of that list, containers shall be considered to be transshipped when they are unloaded from a ship to the port for the sole purpose of loading them on another ship. Ports located in a third country that effectively applies measures that are as ambitious as the requirements set out in this Regulation shall not be included.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

Amendment 60

Proposal for a regulation

Article 2 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. 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 paragraph 1(a) and (b). Member States shall notify those exemptions prior to their entry into force to the Commission, which shall publish them in the Official Journal of the European Union. No such exemptions shall apply beyond 31 December 2029.

Amendment 61

Proposal for a regulation

Article 2 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

2c. Member States may, in respect of the energy used on voyages between a port of call located in an outermost region and another port of call located in an outermost region, and in respect of the energy used during their stay within the ports of call of the corresponding outermost regions, exempt specific routes and ports from the application of paragraph 1(a) and (ba). Member States shall notify those exemptions prior to their entry into force to the Commission, which shall publish them in the Official Journal of the European Union. No such exemptions shall apply beyond 31 December 2029. Nothing shall prevent Member States, their regions and territories, from deciding not to apply this exemption or from bringing any exemption that they have granted to an end before 31 December 2029.

Amendment 62

Proposal for a regulation

Article 2 – paragraph 2 d (new)

Text proposed by the Commission

Amendment

2d. Member States may, in respect of the energy used on voyages performed in the framework of a public service contract or on voyages undertaken by vessels subject to public service obligations in accordance to Council Regulation (EEC) No 3577/92, exempt specific routes from the application of paragraph 1. Member States shall notify such exemptions prior to their entry into force to the Commission, which shall publish them in the Official Journal of the European Union. No such exemptions shall apply beyond 31 December 2029.

Amendment 63

Proposal for a regulation

Article 2 – paragraph 2 e (new)

Text proposed by the Commission

Amendment

2e. The Commission shall continuously monitor the impact of this Regulation on cargo diversion, in particular via transshipment 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. In particular, the Commission shall analyse the impact of this Regulation on outermost regions and islands, and shall, where appropriate, propose amendments to the scope of this Regulation.

Amendment 64

Proposal for a regulation

Article 3 – paragraph 1 – point h

Text proposed by the Commission

Amendment

(h) ‘substitute sources of energy’ means renewable wind or solar energy generated on-board or electricity supplied from on-shore power supply;

(h) ‘substitute sources of energy’ means renewable energy generated on-board or electricity supplied from on-shore power supply;

Amendment 65

Proposal for a regulation

Article 3 – paragraph 1 – point h a (new)

Text proposed by the Commission

Amendment

(h a) ‘windpropulsion’ or ‘wind-assisted propulsion’ means a propulsion technique that contributes primarily or in an auxiliary manner to the propulsion of any type of vessel via the energy of the wind, which is harnessed when the ship is sailing.

Amendment 66

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ‘port of call’ means a port of call as defined in Article 3, poin (b) of Regulation (EU) 2015/757;

(i) ‘port of call’ means the port where a ship stops to load or unload a substantial part of its cargo or to embark or disembark passengers; and consequently, excludes stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities, and stops of container ships in a neighbouring container transshipment port.

Amendment 67

Proposal for a regulation

Article 3 – paragraph 1 – point m

Text proposed by the Commission

Amendment

(m) ‘ship at berth’ means ship at berth as defined in Article 3, point (n) of Regulation (EU) 2015/757;

(m) ‘ship at berth’ means a ship which is securely moored at the quayside in a port falling under the jurisdiction of a Member State while it is loading, unloading, embarking or disembarking passengers or hotelling, including the time spent when not engaged in cargo or passenger operations;

Amendment 68

Proposal for a regulation

Article 3 – paragraph 1 – point n

Text proposed by the Commission

Amendment

(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth;

(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth, excluding the additional energy used due to the technical characteristics of a ship in ice class IA or IA Super, or an equivalent ice class, and excluding the additional energy used by a ship in ice class IC, IB, IA or IA Super, or an equivalent ice class due to sailing in ice conditions;

Amendment 69

Proposal for a regulation

Article 3 – paragraph 1 – point q a (new)

Text proposed by the Commission

Amendment

(q a) ‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag state or an organisation recognised by that state, showing that the ship has been designed for navigation in sea-ice conditions;

Amendment 70

Proposal for a regulation

Article 3 – paragraph 1 – point q b (new)

Text proposed by the Commission

Amendment

(q b) 'sailing in ice conditions' means the sailing by an ice class ship in a sea area within the ice edge;

Amendment 71

Proposal for a regulation

Article 3 – paragraph 1 – point q c (new)

Text proposed by the Commission

Amendment

(q c) 'ice edge' means the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting;

Amendment 72

Proposal for a regulation

Article 3 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;

(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side fixed, floating and mobile installations, feeding the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;

Amendment 73

Proposal for a regulation

Article 4 – paragraph 2 – indent 3

Text proposed by the Commission

Amendment

— -13% from 1 January 2035;

— -20% from 1 January 2035;

Amendment 74

Proposal for a regulation

Article 4 – paragraph 2 – indent 4

Text proposed by the Commission

Amendment

— -26% from 1 January 2040;

— -38% from 1 January 2040;

Amendment 75

Proposal for a regulation

Article 4 – paragraph 2 – indent 5

Text proposed by the Commission

Amendment

— -59% from 1 January 2045;

— -64% from 1 January 2045;

Amendment 76

Proposal for a regulation

Article 4 – paragraph 2 – indent 6

Text proposed by the Commission

Amendment

— -75% from 1 January 2050.

— -80% from 1 January 2050.

Amendment 77

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 1

Text proposed by the Commission

Amendment

[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.]

[Asterix: The reference value, the calculation of which will be carried out at a later stage of the legislative procedure, corresponds to the Union fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.]

Amendment 78

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I.

3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I. For ships in ice classes, a correction factor shall be applied, resulting in the deduction of the higher fuel consumption linked to ice navigation.

Amendment 79

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The default values set out in Annex II to this Regulation shall serve as the basis for the calculation of emission factors. Where actual values exist verified by means of certification or direct emissions measurements, those actual values may be used instead.

Amendment 80

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to include the well-to-wake emission factors related to any new sources of energy or to adapt the existing emission factors to ensure consistency with future international standards or the legislation of the Union in the field of energy.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to include the well-to-wake emission factors related to any new sources of energy, to adapt the existing emission factors to ensure consistency with future international standards or the legislation of the Union in the field of energy and to ensure that they are as representative of real emissions throughout all stages of the fuel lifecycle as possible, in accordance with the best available scientific and technical knowledge.

Amendment 81

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. Consultations shall be organised between managing bodies of ports, terminal operators, ship-owners, ship-operators, fuel suppliers and other relevant stakeholders, to ensure cooperation with regard to the alternative fuel supply that is planned and deployed in individual ports, as well as with regard to the demand expected from vessels calling on those ports.

Amendment 82

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission

Amendment

Article 4 a

Use of Renewable Fuels of Non-Biological Origin

1. Member States shall take the necessary measures, if necessary drawing on the credit exchange mechanism established in Regulation XXXX [Renewable Energy Directive], to ensure that renewable fuels of non-biological origin (RFNBOs) are made available in ports within their territory.

2. From 1 January 2025 to 31 December 2034, a multiplier of “2” shall be used in the denominator of Equation (1) of Annex I for the calculation of the greenhouse gas intensity of the energy used on-board, in order to reward companies for the use of RFNBO fuels.

3. From 1 January 2030, at least 2% of the yearly average energy used on-board a ship shall be met with RFNBOs compliant with paragraph 1(b) of Article 9.

4. Until 31 December 2034 paragraph 3 shall not apply to companies, and their subsidiaries, operating three or fewer ships falling within the scope laid down in Article 2(1).

5. By 2028 at the latest, the Commission shall assess the obligation laid down in Paragraph 3 with a view to adjust it if:

 there are serious concerns about production capacity, availability or price of RFNBOs, or;

 there is a substantial cost reduction and a geographically comprehensive availability of RFNBOs and a need to increase the level of sub-quota to meet Union climate targets.

6. The Commission is empowered to adopt delegated acts in accordance with Article 26 to set the criteria for this assessment, and to adjust the obligations in Article 4a(3) and Annex V if deemed necessary by the assessment carried out in accordance with Paragraph 5.

Amendment 83

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member State shall connect to on-shore power supply and use it for all energy needs while at berth.

1. From 1 January 2030, a ship at berth in a port of call covered by Article 9 of Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) shall 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 OPS, ships calling at that port and having compatible OPS equipment on-board shall connect to OPS when available at the visited berth.

Amendment 84

Proposal for a regulation

Article 5 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) that use zero-emission technologies, as specified in Annex III;

(b) that use zero-emission technologies, as specified in Annex III provided that they continuously achieve emissions that are equivalent to the emissions reductions that would be achieved by using on-shore power supply;

Amendment 85

Proposal for a regulation

Article 5 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) that are unable to connect to on-shore power supply due to unavailable connection points in a port;

(d) that are unable to connect to on-shore power supply due to unavailable connection points in a port, including due to a (temporary) lack of grid capacity, including during (seasonal) peak power demands by vessels at berth;

Amendment 86

Proposal for a regulation

Article 5 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) that are unable to connect to on-shore power supply because the shore installation at the port is not compatible with the on-board on-shore power equipment;

(e) that are unable to connect to on-shore power supply because the shore installation at the port is not compatible with the on-board on-shore power equipment provided that the installation for shore-connection on-board the ship is certified in accordance with the standards specified in Annex II of Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation) for seagoing ships’ shore connection systems;

Amendment 87

Proposal for a regulation

Article 5 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. Ship operators shall inform in advance the ports that they call at about their intentions to connect to on-shore power supply or their intention to use a zero-emission technology as defined in Annex III of this Regulation. Ship operators shall also indicate, where applicable, the amount of power they expect to require during that call and inform about the available power equipment on-board.

Amendment 88

Proposal for a regulation

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or criteria for their use, where these new technologies are found equivalent to the technologies listed in that Annex in the light of scientific and technical progress.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or modify the criteria for their use, where these new technologies or criteria for use are found to be equivalent to or better than the technologies listed in that Annex in the light of scientific and technical progress.

Amendment 89

Proposal for a regulation

Article 5 – paragraph 5

Text proposed by the Commission

Amendment

5. The managing body of the port of call shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.

5. The managing body of the port of call, or where applicable the operator of the terminal or the competent authority, shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.

Amendment 90

Proposal for a regulation

Article 5 – paragraph 6

Text proposed by the Commission

Amendment

6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, points (d) and (e).

deleted

Amendment 91

Proposal for a regulation

Article 5 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7 a. Consultations shall 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.

Amendment 92

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, in a transparent and accurate manner, so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships.

4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, and any other information required to comply with this Regulation, in a transparent and accurate manner, so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships.

Amendment 93

Proposal for a regulation

Article 7 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4 and 5;

(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4 and 5, as well as in Annexes I and III, respectively;

Amendment 94

Proposal for a regulation

Article 7 – paragraph 3 – point k

Text proposed by the Commission

Amendment

(k) a description of the method to be used to determine surrogate data for closing data gaps;

(k) a description of the method to be used to determine surrogate data for closing data gaps or for identifying and correcting data errors;

Amendment 95

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. If the additional energy required due to the ship’s ice class is to be excluded from the calculation of the energy used on-board, the monitoring plan shall also include:

(a) information on the ice class of the ship;

(b) a description of the procedure for monitoring the distance travelled for the whole voyage; and

(c) when sailing in ice conditions, the date and time when sailing in ice conditions, the fuel consumption and the energy provided by substitute sources of energy, or a zero emission technology as specified in Annex III when sailing in ice conditions.

Amendment 96

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the Commission

Amendment

1. Companies shall check regularly, and at least annually, whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved.

1. Companies shall check regularly, and at least annually, whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved, corrected or updated.

Amendment 97

Proposal for a regulation

Article 8 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Companies shall modify the monitoring plan in any of the following situations:

2. Companies shall modify the monitoring plan without undue delay in any of the following situations:

Amendment 98

Proposal for a regulation

Article 8 – paragraph 2 – point e a (new)

Text proposed by the Commission

Amendment

(e a) where methods to prevent data gaps and identify data errors have been found to be inadequate to ensure data solidity and transparency.

Amendment 99

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Companies shall provide accurate and reliable data on the GHG emission intensity and the sustainability characteristics of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel, verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001.

2. Companies shall provide accurate, complete and reliable data on the GHG emission intensity and the sustainability characteristics of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel, verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001.

Amendment 100

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of laboratory testing or direct emissions measurements. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements.

3. Companies shall be entitled to diverge from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of direct emissions measurements in accordance with existing certification and verification schemes laid down in the Directive (EU) 2018/2001 and Directive (EU) XXXX/XXXX (Gas Directive). The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing the rules on conducting the direct emissions measurements

Amendment 101

Proposal for a regulation

Article 9 a (new)

Text proposed by the Commission

Amendment

Article 9 a

Certification of other fuels

1. Companies shall be entitled to diverge from the established default values for the well-to-tank emission factors of all other fuels provided that actual values are established by means of certification or direct emissions measurements.

2. Companies shall be entitled to diverge from the established default values for the tank-to-wake emission factors of all other fuels provided that actual values are certified by means of direct emissions measurements.

3. The Commission is empowered to adopt delegated acts in accordance with Article 26, to supplement this Regulation by laying down rules on certifying real well-to-tank emissions and rules on conducting the direct emissions measurements.

Amendment 102

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall revise its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond the beginning of the reporting period.

1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall without undue delay revise its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond the beginning of the reporting period.

Amendment 103

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Where the verification assessment identifies incorrect statements or non-conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then amend the incorrect statements or non-conformities so as to enable the verification process to be completed in time.

3. Where the verification assessment identifies incorrect statements or non-conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then without undue delay amend the incorrect statements or non-conformities so as to enable the verification process to be completed in time.

Amendment 104

Proposal for a regulation

Article 11 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) the use of on-shore power supply or the presence of exceptions certified in accordance with Article 5(5).

(d) the use of on-shore power supply or the presence of exceptions listed in Article 5(3), certified in accordance with Article 5(5).

Amendment 105

Proposal for a regulation

Article 11 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the relevant records of the ship are complete and consistent.

(d) the relevant records of the ship are complete, transparent and consistent.

Amendment 106

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant deviations are found, the verifier shall carry out further analyses.

1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant divergences are found that would undermine the achievement of the targets of this Regulation, the verifier shall carry out further analyses.

Amendment 107

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008.

1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008. The national accreditation body shall regularly notify to the Commission the list of accredited verifiers, together with all relevant contact information.

Amendment 108

Proposal for a regulation

Article 13 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. National accreditation bodies shall make sure that the verifier:

(a) is knowledgeable in shipping;

(b) is equipped at all times with significant technical and support staff commensurate with the amount of vessels he verifies;

(c) is capable of assigning to every place of work, when and as needed, means and staff commensurate with the tasks to be carried out in accordance with the various tasks listed in Chapter V of the present regulation;

Amendment 109

Proposal for a regulation

Article 13 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. In order to exclude potential conflicts of interest, the verifier shall not be substantially dependent on a single company for its revenue.

Amendment 110

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.

3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and other rules to ensure the verifiers’ independence and impartiality. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.

Amendment 111

Proposal for a regulation

Article 14 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the amount of each type of fuel consumed at berth and at sea;

(c) the amount of each type of fuel consumed at berth and at sea, including the amount of electricity taken at berth for navigational purposes;

Amendment 112

Proposal for a regulation

Article 14 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) the well-to-wake emission factors for each type of fuel consumed at berth and at sea, broken down by well-to-tank, tank-to-wake and fugitive emissions, covering all relevant greenhouse gases;

(d) the well-to-wake emission factors for each type of fuel, including electricity taken from an onshore power supply, consumed at berth and at sea, broken down by well-to-tank, tank-to-wake and fugitive emissions, covering all relevant greenhouse gases;

Amendment 113

Proposal for a regulation

Article 14 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) the amount of each type of substitute source of energy consumed at berth and at sea.

(e) the amount of each type of substitute source of energy consumed at berth and at sea, including fuels, electricity, wind and solar energy.

Amendment 114

Proposal for a regulation

Article 14 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. If the additional energy required due to the ship’s ice class is to be excluded from the energy used on-board, the monitoring plan shall also include:

(a) the ice class of the ship;

(b) the date and time when sailing in ice conditions,

(c) the amount of each type of fuel consumed when sailing in ice conditions,

(d) the amount of each type of substitute source of energy consumed when sailing in ice conditions,

(e) the distance travelled when sailing in ice conditions,

(f) the distance travelled during the voyage,

(g) the amount of each type of fuel consumed at sea and

(h) the amount of each type of substitute source of energy consumed at sea.

Amendment 115

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. Companies shall record the information and data listed in paragraph 1 on annual basis in a transparent manner, that enables the verification of compliance with this Regulation by the verifier.

2. Companies shall record the information and data listed in paragraph 1 in a timely and transparent manner and compile them on annual basis to enable the verification of compliance with this Regulation by the verifier.

Amendment 116

Proposal for a regulation

Article 15 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

(c a) compile that information, provided pursuant to Article 14(3), and submit it to the Member State’s competent authority.

Amendment 117

Proposal for a regulation

Article 15 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) calculate the amount of the penalties referred to in Article 20(1) and (2).

deleted

Amendment 118

Proposal for a regulation

Article 15 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. On the basis of the information provided by the verifier, the Member State’s competent authority shall calculate the amount of the penalties referred to in Article 20(1) and (2) and shall notify it to the company.

Amendment 119

Proposal for a regulation

Article 15 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The administering authority in respect of a shipping company shall be:

(a) in the case of a shipping company registered in a Member State, the Member State in which the shipping company is registered;

(b) in the case of a shipping company that is not registered in a Member State, the Member State with the greatest estimated number of port calls from voyages performed by that shipping company in the last two monitoring years falling within the scope set out in Article 2;

(c) in the case of a shipping company that is not registered in a Member State and that has not carried out any voyage falling within the scope set out in Article 2 in the preceding two monitoring years, the administering authority shall be the Member State from where the shipping company has started its first voyage falling within the scope set out in Article 2.

Amendment 120

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall develop, ensure functioning and update an electronic compliance database for the monitoring of compliance with Articles 4 and 5. The compliance database shall be used to keep a record of the compliance balance of the ships and the use of the flexibility mechanisms set out in Articles 17 and 18. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.

1. The Commission shall develop, ensure the functioning of, and update an electronic compliance database integrated with the THETIS-MRV system established under Regulation (EU) 2015/757, for the monitoring of compliance with Articles 4 and 5. The compliance database shall be used to keep a record of the compliance balance of the ships, the use of the exemptions set out in Article 5(3) and the use of the flexibility mechanisms set out in Articles 17 and 18 and penalties incurred under Article 20. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.

Amendment 121

Proposal for a regulation

Article 16 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Companies shall be allowed to bank compliance surplus from ships not subject to this regulation that are fully propelled with renewable energy such as wind or solar as long as these ships are not used for leisure purposes only.

Amendment 122

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained by the verifier, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.

3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained and calculated by the verifier, the use of the flexibility mechanisms set out in Articles 17 and 18, the yearly exceptions applied under Article 5(3) issued, if any, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.

Amendment 123

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the ship has a compliance surplus for the reporting period, the company may bank it to the same ship’s compliance balance for the following reporting period. The company shall record the banking of the compliance surplus to the following reporting period in the compliance database subject to approval by its verifier. The company may no longer bank the compliance surplus once the FuelEU certificate of compliance has been issued.

1. Based on the information referred to in Article 15(2), where the ship has for the reporting period a compliance surplus on its greenhouse gas intensity or RNFBO quota as referred to in Articles 4(2) and 4a(3) respectively, the company may bank it to the same ship’s compliance balance for the following reporting period. The company shall record the banking of the compliance surplus to the following reporting period in the compliance database subject to approval by its verifier. The company may no longer bank the compliance surplus once the FuelEU certificate of compliance has been issued. The unused compliance surplus for the following reporting period shall have a validity of three years.

Amendment 124

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. The compliance balances of two or more ships, which are verified by the same verifier, may be pooled for the purposes of fulfilling the requirements of Article 4. A ship’s compliance balance may not be included in more than one pool in the same reporting period.

1. The compliance balances for greenhouse gas intensity and RNFBO quota as referred to in Articles 4(2) and 4a(3) respectively, of two or more ships, which are verified by the same verifier, may be pooled for the purposes of fulfilling the requirements of Article 4 and 4a. A ship’s compliance balance may not be included in more than one pool in the same reporting period.

Amendment 125

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a penalty. The verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V.

1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a remedial penalty. The Member State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty on the basis of the formulas specified in Annex V, for the greenhouse gas intensity limits and, where applicable, the RFNBO quota, as referred to in Articles 4(2) and 4a(3) respectively.

Amendment 126

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The company shall pay a penalty for each non-compliant port call. The verifier shall calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on-board and by the number of completed hours spent at berth.

2. The company shall pay a penalty for each non-compliant port call. The Member State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty by multiplying the amount of EUR 250 at 2022 prices by megawatts of power installed on-board and by the number of completed hours spent at berth. For the purpose of this calculation, the amount of time needed to connect to OPS shall be deemed to be two hours, and that amount of time shall be subtracted by default from the calculation of the number of completed hours spent at berth to account for the time needed to connect to OPS.

Amendment 127

Proposal for a regulation

Article 20 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The administering State in respect of a company shall ensure that, for any of its ships having compliance deficits on 1 June of the reporting year, after a possible validation by their competent authority, the company shall pay by 30 June of the reporting year an amount equal to the penalty resulting from the application of the formulas specified in Annex V Part B.

Amendment 128

Proposal for a regulation

Article 20 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3 b. Where the company concludes a contract with a commercial operator specifying that this operator is responsible for the purchase of the fuel and the operation of the ship, the company and that commercial operator shall, by means of a contractual arrangement, determine that the latter shall be liable for the payment of the costs arising from the penalties referred to in this Article. For the purposes of this paragraph, being responsible for the operation of the ship shall mean determining the cargo carried, the itinerary, the routeing and/or the speed of the ship.

Amendment 129

Proposal for a regulation

Article 20 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

3c. Where the company or commercial operator concludes a contract with a fuel supplier, making the latter responsible for the supply of specific fuels, that contract shall include provisions laying down the fuel supplier’s liability to compensate the company or commercial operator for the payment of penalties referred to in this Article, if fuels were not delivered according to the agreed terms. For the purpose of this paragraph, fuels supplied under mentioned contracts must be compliant with provisions in Article 9(1)(b).

Amendment 130

Proposal for a regulation

Article 20 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into account the developments in the cost of energy.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, as soon as developments in the cost of energy undermine the dissuasive effect of the existing penalties. Regarding the formula referred to in paragraph1 of this Article, the resulting penalty must be larger than the amount and cost of the renewable and low-carbon fuel that the ships would have used if they had met the requirements of this Regulation.

Amendment 131

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.

1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, or adapt the superstructure, if required, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.

Amendment 132

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.

2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the Ocean Fund referred to in Article 3gab of Directive 2003/87/EC. These revenues shall be earmarked for the maritime sector and contribute to its decarbonisation. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Ocean Fund.

Amendment 133

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission

Amendment

1. The companies shall be entitled to apply for a review of the calculations and measures addressed to them by the verifier under this Regulation, including the refusal to issue a FuelEU certificate of compliance pursuant to Article 19(1).

1. The companies shall be entitled to apply for a review of the calculations and measures addressed to them by the Member State’s competent authority or the verifier under this Regulation, including the refusal to issue a FuelEU certificate of compliance pursuant to Article 19(1).

Amendment 134

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 4(6), 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].

2. The power to adopt delegated acts referred to in Articles 4(4), 4a(6), 5(4), 9(3), 9a(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 135

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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.

3. The delegation of power referred to in Articles 4(4), 4a(6), 5(4), 9(3), 9a(3),13(3), 20(4), and 21(3) 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 136

Proposal for a regulation

Article 26 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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.

6. A delegated act adopted pursuant to Articles 4(4), ), 4a(6), 5(4), 9(3), 9a(3), 13(3), 20(4), and 21(3) 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 137

Proposal for a regulation

Article 28 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-1. By 1 January 2024, the Commission shall produce a report on the social impact of this Regulation. That report shall include a projection of the impact of this Regulation on employment and training needs up to 2030 and up to 2050.

Amendment 138

Proposal for a regulation

Article 28 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union. The Commission shall consider possible amendments to:

1. By 1 January 2027, and every five years thereafter, the Commission shall report to the European Parliament and the Council, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union. That report shall pay particular attention to the contribution of this Regulation to achieving the Union’s overall and sector-specific climate targets, as defined under the European Climate Law, to the Union’s Renewable energy and Energy efficiency targets. The report shall also evaluate the impact of this Regulation on the functioning of the single market, the maritime sector’s competitiveness, transport freight rates and the magnitude of carbon and business leakage. The Commision shall at the same time also evaluate the impact of this Regulation on global GHG emissions reduction in the transport sector as well as on the development of global and regional trade flows. The Commission shall consider possible amendments to:

Amendment 139

Proposal for a regulation

Article 28 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) the scope of this Regulation in terms of:

- decreasing the gross tonnage threshold referred to in Article 2(1), to 400 GT;

- expanding the share of energy used by ships in voyage to and from third countries referred to in Article 2 point (c);

Amendment 140

Proposal for a regulation

Article 28 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

(ab) the default values provided in Annex II, based on the most accurate available scientific knowledge and evidence;

Amendment 141

Proposal for a regulation

Article 28 – paragraph 1 – point a c (new)

Text proposed by the Commission

Amendment

(ac) the list of pollutants covered by this Regulation, in particular the possibility to include black carbon (BC) emissions;

Amendment 142

Proposal for a regulation

Article 28 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the ship types to which Article 5(1) applies;

(b) an extension of the ship types to which Article 5(1) applies;

Amendment 143

Proposal for a regulation

Article 28 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the methodology specified in Annex I.

Amendment 144

Proposal for a regulation

Article 28 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. To ensure a goal-based and technology-neutral approach, this 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 shall continuously evaluate the maturity of different greenhouse gas abatement technologies and present a first review in this regard to the European Parliament and the Council by 1 January 2027.

Amendment 145

Proposal for a regulation

Article 28 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. The Commission shall continuously monitor the quantity of alternative fuels made available to shipping companies in the Union and shall report their findings to the European Parliament and the Council, by 1 January 2027, and every five years thereafter until 2050. If the supply of those fuels fails to meet the demand from shipping companies, required to fulfil the obligations set out in this Regulation, the Commission should propose measures to ensure that maritime fuel suppliers in the Union make available adequate volumes of alternative fuels to shipping companies calling at Union ports.

Amendment 146

Proposal for a regulation

Article 28 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1c. The Commission shall propose amendments to this Regulation in the event that the International Maritime Organization adopts global greenhouse gas intensity limits on an equivalent level to this Regulation, in order to ensure a full alignment with the international agreement.

Amendment 147

Proposal for a regulation

Article 28 – paragraph 1 d (new)

Text proposed by the Commission

Amendment

1d. By 1January 2027, and every fifth year until 2050, the Commission shall report to the European Parliament and the Council the results of a comprehensive evaluation of the aggregated macroeconomic impact of the Fit for 55 legislative package.1aThat report shall pay particular attention to the effects on the Union’s competitiveness, job creation, transport freight rates, household purchasing power and the magnitude of carbon leakage.

__________________

1a Communication from the Commission (COM(2021)0550), 14July 2021

Amendment 148

Proposal for a regulation

Article 28 – paragraph 1 e (new)

Text proposed by the Commission

Amendment

1e. The Commission shall consider possible amendments to this Regulation with the aim of achieving regulatory simplification. The Commission and the competent authorities shall continuously adapt to best-practice administrative procedures and take all measures to simplify the enforcement of this Regulation, thereby keeping the administrative burden on ship owners,operators, ports and verifiers to a minimum.

Amendment 149

Proposal for a regulation

Article 28 a (new)

Text proposed by the Commission

Amendment

Article 28 a

Compensatory regulatory reduction

In line with its communication on the “one in, one out” principle, the Commission shall, by 1 January 2024, present proposals offsetting the regulatory burden introduced by this Regulation, through the amendment or repeal of provisions in other Union legislative acts that generate regulatory burdens in the maritime sector.

Amendment 150

Proposal for a regulation

Annex I – equation 1

Text proposed by the Commission

GHG intensity index

WtT

TtW

GHG intensity

=

Amendment

GHG intensity index

WtT

TtW

GHG intensity

=

Amendment 151

Proposal for a regulation

Annex I – table 1 – row 6 a (new)

Text proposed by the Commission

Amendment

n fuel

Number of fuels delivered to the ship in the reference period

Amendment 152

Proposal for a regulation

Annex I – table 1 – row 12 a (new)

Text proposed by the Commission

Amendment

MULTi

Multiplier applied to RFNBO fuel

Amendment 153

Proposal for a regulation

Annex I – table 1 – row 19 a (new)

Text proposed by the Commission

Amendment

Mi,j A

Adjusted mass of the specific fuel i oxidized in consumer j [gFuel] due to sailing in ice conditions in the case of a ship in ice class IC, IB, IA or IA Super or in an equivalent ice class1a and due to technical properties of a ship in ice class IA or IA Super or in an equivalent ice class. The adjusted mass Mi,j A is used in Equation (1) instead of the mass Mi,j when appropriate.

_______________

1a For further information on correspondence between ice classes, see HELCOM Recommendation 25/7 at http://www.helcom.fi.

Amendment 154

Proposal for a regulation

Annex I – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

In the case of fossil fuels, the default values in Annex II shall be used.

In the case of fossil fuels, the default values in Annex II shall be used unless actual values can be provided by means of certification or direct emissions measurements.

Amendment 155

Proposal for a regulation

Annex I – paragraph 4 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

For the purpose of this regulation the term Σ𝐸𝑘 ×𝐶𝑂2𝑒𝑞 𝑒𝑙𝑒𝑐𝑡𝑟𝑖𝑐𝑖𝑡𝑦,𝑘 in the numerator of Equation (1) shall be set to zero.

The term MULT in the denominator of Equation (1) shall be set to the value of the RNFBO multiplier asreferred to in Article 4a (2) in accordance with Article 9 (1 b). For all other fuels, the multiplier shall be set to one.

Amendment 156

Proposal for a regulation

Annex I – paragraph 5

Text proposed by the Commission

Amendment

The [Mi] mass of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company.

The mass [Mi] of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [MiA] may be used instead of the mass of fuel [Mi] for a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.

Amendment 157

Proposal for a regulation

Annex I – paragraph 12

Text proposed by the Commission

Amendment

In accordance with its compliance plan referred to in Article 6 and upon assessment by the verifier, other methods, such as direct CO2eq measurement, laboratory testing, may be used if it enhances the overall accuracy of the calculation.

In accordance with its compliance plan referred to in Article 6 and upon assessment by the verifier, other methods, such as direct CO2eq measurement may be used if it enhances the overall accuracy of the calculation.

Amendment 158

Proposal for a regulation

Annex I – table

Text proposed by the Commission

Fuels Class

WtT

TtW

Fossil

Default values shall be used as provided in Table 1 of this Regulation

MRV Regulation CO2 carbon factors shall be used for fuels for which such factor is provided

For all other emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of laboratory testing direct emissions measurements

Sustainable Renewable Fuels

(Bio Liquids, Bio Gases, e-Fuels)

CO2eq values as provided in RED II (without combustion) can be used for all fuels whose pathways are included in RED II, alternatively

RED II approved certification scheme can be used

Emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of laboratory testing or direct emissions measurements.

Others (including electricity)

CO2eq values as provided in RED II (without combustion) can be used for all fuels whose pathways are included in RED II, alternatively

RED II approved certification scheme can be used

Emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of laboratory testing or direct emissions measurements.

Amendment

Fuels Class

WtT

TtW

Fossil

Default values shall be used as provided in Table 1 of this Regulation unless actual values can be provided by means of certification or direct emissions measurements

MRV Regulation CO2 carbon factors shall be used for fuels for which such factor is provided

For all other emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of direct emissions measurements

Sustainable Renewable Fuels

(Bio Liquids, Bio Gases, e-Fuels)

CO2eq values as provided in RED II (without combustion) can be used for all fuels whose pathways are included in RED II, alternatively

RED II approved certification scheme or direct emissions measurements can be used

Emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of direct emissions measurements.

Others (including electricity)

CO2eq values as provided in RED II (without combustion) can be used for all fuels whose pathways are included in RED II, alternatively

RED II approved certification scheme or direct emissions measurements can be used

Emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of direct emissions measurements.

Amendment 159

Proposal for a regulation

Annex II – paragraph 2

Text proposed by the Commission

Amendment

The emissions factors of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels shall be determined according to the methodologies set out in Annex 5 part C of Directive (EU) 2018/2001.

The emission factors for any kind of fuel can alternatively be determined based on actual certified values or values established by means of direct emissions measurements.

Amendment 160

Proposal for a regulation

Annex II – table

Text proposed by the Commission

Bio-LNG

Main products / wastes / Feedstock mix

0,05

Ref. to Directive (EU) 2018/2001

LNG Otto (dual fuel medium speed)

2,755

MEPC245 (66),

Regulation (EU) 2015/757

0,00005

0,00018

3,1

LNG Otto (dual fuel slow speed)

1,7

LNG Diesel (dual fuels)

0.2

LBSI

N/A

Amendment

Bio-LNG

Main products / wastes / Feedstock mix

0,05

Ref. to Directive (EU) 2018/2001

LNG Otto (dual fuel medium speed)

2,755

MEPC245 (66),

Regulation (EU) 2015/757

0

0,00011

3,1

LNG Otto (dual fuel slow speed)

1,7

LNG Diesel (dual fuels)

0.2

LBSI

N/A

Amendment 161

Proposal for a regulation

Annex II – paragraph 8

Text proposed by the Commission

Amendment

Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels only the default values in the table shall be used. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel33 .

Column 4 contains the CO2eq emissions values in [gCO2eq/MJ]. For fossils fuels the default values in the table shall be used unless actual values can be provided by means of certification or direct emissions measurements. For all other fuels, (except were expressly indicated), values shall be calculated by using the methodology or the default values as per in Directive (EU) 2018/2001 deducted of the combustion emissions considering full oxidation of the fuel33 .

__________________

33 Reference is made to Directive (EU) 2018/2001, Annex V.C.1.(a) to the term eu ‘emissions from the fuel in use’

Amendment 162

Proposal for a regulation

Annex III – table – row 4 a (new)

Text proposed by the Commission

Amendment

Any other zero-emission power source

Any technology that achieves emissions reductions equivalent to or more significant than would be achieved by using on-shore power supply.

Amendment 163

Proposal for a regulation

Annex V

Text proposed by the Commission

ANNEX V

FORMULAS FOR CALCULATING THE COMPLIANCE BALANCE AND PENALTY laid down in Article 20(1)

Formula for calculating the ship’s compliance balance

For the purpose of calculating the compliance balance of a ship the following formula shall apply:

Compliance balance [gCO2eq/MJ] =

(GHGIEtarget - GHGIEactual) x []

Where:

Grams of CO2 equivalent

GHGIEtarget

Greenhouse gas intensity limit of the energy used on-board a ship according to Article 4(2) of this Regulation

GHGIEactual

Yearly average of the greenhouse gas intensity of the energy used on-board a ship calculated for the relevant reporting period

Formula for calculating the penalty laid down in Article 20(1)

The amount of the penalty laid down in Article 20(1) shall be calculated as follows:

Penalty =

(Compliance balance / GHGIEactual) x conversion factor from MJ to tonnes of VLSFO (41.0 MJ / kg) x EUR 2400

Amendment

ANNEX V

FORMULAS FOR CALCULATING THE COMPLIANCE BALANCE AND REMEDIAL PENALTY laid down in Article 20(1)

A. Formula for calculating the ship’s compliance balance

a) Compliance Balance with respect to greenhouse gas intensity of the ship, in respect to Article 4.2

For the purpose of calculating the compliance balance of a ship the following formula shall apply:

Compliance balance [gCO2eq/MJ] =

(GHGIEtarget - GHGIEactual) x []

Where:

Grams of CO2 equivalent

GHGIEtarget

Greenhouse gas intensity limit of the energy used on-board a ship according to Article 4(2) of this Regulation

GHGIEactual

Yearly average of the greenhouse gas intensity of the energy used on-board a ship calculated for the relevant reporting period

b) Compliance Balance with respect to RFNBO quota, in respect to Article 4a (3)

CB_RFNBO [% RFNBO] =

(% RFNBOquota - % RFNBOactual)

Where :

Compliance Balance with respect to RFNBOquota, in respect to Article 4a(3)

% RFNBOquota

RNFBOquota of the yearly average energy used on-board a ship according to Article 4a(3) of this Regulation

% RFNBOactual

Percentage of the yearly average energy used on-board reported by a ship that is actually met with RFNBOs compliant with Article 9(1)(b)

B. Formula for calculating the penalty laid down in Article 20(1)

a) Remedial Penalty with respect to compliance balance for greenhouse gas intensity of the ship, in respect to Article 4.2

The amount of the penalty laid down in Article 20(1) shall be calculated as follows:

Penalty =

(Compliance balance / GHGIEactual) x conversion factor from MJ to tonnes of VLSFO (41.0 MJ / kg) x EUR 2400

b) Remedial Penalty with respect to RFNBO quota, with respect to Article 4a(3)

The amount of the remedial penalty laid down in Article 20(1a) shall be calculated as follows:

Remedial Penalty (RFNBO) =

abs(CB_RFNBO) x Pd x 3

Where:

Remedial Penalty

in EUR

abs(CB_RFNBO)

Is the absolute value of the compliance balance for RFNBO

Pd

Price difference between RFNBOs and fossil fuel compatible with ship installation

Amendment 164

Proposal for a regulation

Annex V a (new)

Text proposed by the Commission

Amendment

ANNEX Va

CALCULATION OF ADJUSTED MASS OF FUEL AND OF ADDITIONAL ENERGY

First, this Annex describes how to calculate the adjusted mass of fuel using the additional energy due to technical characteristics of a ship in ice class IA or IA Super or in an equivalent ice class1a and the additional energy used by a ship in ice class IC, IB, IA or IA Super or in an equivalent ice class due to sailing in ice conditions. Second, it describes how to calculate the additional energies.

Adjusted mass [Mj A]

The [Mi A] adjusted mass of fuel shall be calculated on the basis of the additional energy used for sailing in ice conditions and the additional energy used due to technical properties of a ship in ice class IA or IA Super or in an equivalent ice class. The company may choose to which fuel i the additional energy is allocated. The selected fuel i must be one of the fuels that the ship has consumed during the reporting period. The amount of the energy corresponding to the consumed mass of the fuel i may be lower than the amount of the additional energy.

The [Mi A] adjusted mass of fuel i shall be calculated as follows

, (Ax.1)

where Mi total denotes the total mass of fuel i, Mi additional due to ice class the mass of fuel due to additional energy consumption of a ship in ice class IA or IA Super or in an equivalent ice class and Mi additional due to ice conditions the mass of fuel due to additional energy consumption due to sailing in ice conditions.

The mass of fuel i representing the additional energy consumption due to technical characteristics of a ship in ice class IA or IA Super or in an equivalent ice class is calculated with

, (Ax.2)

where Eadditional due to ice class is the additional energy consumption due to the technical characteristics of a ship in ice class IA or IA Super or in an equivalent ice class and LCVi is the lower caloric value of the fuel i.

Similarly, the mass of fuel due to additional energy consumption due to sailing in ice conditions is calculated using

, (Ax.3)

where Eadditional due to ice conditions is the additional energy consumption due to sailing in ice conditions.

Additional energy due to ice class and due to sailing in ice conditions

The additional energy consumption due to the technical characteristics of a ship in ice class IA or IA Super or in an equivalent ice class shall be calculated as follows

, (Ax.4)

where Evoyages, total denotes the total energy consumed for all voyages and Eadditional due to ice conditions additional energy consumption due to sailing in ice conditions.

The total energy consumed for all voyages shall be calculated using

, (Ax.5)

where Mi, voyages, total denotes the mass of fuel i consumed for all voyages within the scope of this Regulation, LCVi the lower caloric value of fuel i and E elect., voyages, total the amount of the electricity delivered to the ship consumed for all voyages.

The mass of fuel i Mi, voyages, total consumed for all voyages within the scope of this Regulation is calculated with

, (Ax.6)

where Mi, voyages between MS denotes the aggregated mass of fuel consumed during all voyages between ports under a Member State's jurisdiction, Mi, voyages from MS the aggregated mass of fuel consumed during all voyages which departed from ports under a Member State's jurisdiction and Mi, voyages to MS the aggregated mass of fuel consumed during voyages to ports under a Member State's jurisdiction. The consumed amount of the electricity delivered to the ship E elect., voyages total can be calculated in the same way.

The additional energy consumption due to sailing in ice conditions e calculated as follows

, (Ax.7)

where E voyages, open water denotes the energy consumed on voyages in open water and Evoyages, ice conditions, adjusted the adjusted energy consumed in ice conditions.

The energy consumed for voyages that include sailing in open water only e calculated as follows

(Ax.8)

where Evoyages, ice conditions denotes energy consumed for sailing in ice conditions, which is calculated as follows

(Ax.9)

where Mi, voyages, ice conditions denotes the mass of fuel i consumed for sailing in ice conditions and E elect., voyages, total denotes the amount of the electricity delivered to the ship consumed when sailing in ice conditions.

The mass of fuel i consumed for sailing in ice conditions is defined as follows

, (Ax.10)

where Mi, voyages between MS, ice cond. denotes the aggregated mass of fuel consumed by an ice class ship when sailing in ice conditions between ports under a Member State's jurisdiction, Mi, voyages from MS the aggregated mass of fuel consumed by an ice class ship when sailing in ice conditions during all voyages which departed from ports under a Member State's jurisdiction and Mi, voyages to MS the aggregated mass of fuel consumed by an ice class ship when sailing in ice conditions during voyages to ports under a Member State's jurisdiction. The consumed amount of the electricity delivered to the ship E ice conditions can be calculated in the same way.

The adjusted energy consumed in ice conditions shall be calculated using

1)

(Ax.1

with the distance travelled when sailing in ice conditions Dice conditions and energy consumption per distance travelled in open water .

The distance travelled when sailing in ice conditions Dice conditions shall be calculated as follows

, (Ax.12)

where D voyages between MS, ice cond. denotes the aggregated distance travelled when sailing in ice conditions between ports under a Member State's jurisdiction, D voyages from MS the aggregated distance when sailing in ice conditions during all voyages which departed from ports under a Member State's jurisdiction and D voyages to MS the aggregated distance when sailing in ice conditions during voyages to ports under a Member State's jurisdiction.

The latter is defined as follows:

, (Ax.13)

where E voyages, ice conditions denotes the energy consumption when sailing in ice conditions and D total the total annual distance travelled.

The total annual distance travelled shall be calculated as follows

, (Ax.14)

where D voyages between MS denotes the aggregated distance travelled between ports under a Member State's jurisdiction, D voyages from MS the aggregated distance travelled during all voyages which departed from ports under a Member State's jurisdiction and D voyages to MS the aggregated distance travelled during voyages to ports under a Member State's jurisdiction.

______________

1a For further information on correspondence between ice classes, see HELCOM Recommendation 25/7 at http://www.helcom.fi.

EXPLANATORY STATEMENT

Background

The draft Regulation on the use of renewable and low-carbon fuels in maritime transport (FuelEU Maritime) is an integral part of the Fit for 55 package. The proposal by the Commission establishes a common EU framework to increase the development, production and use of low-carbon fuels in shipping. The proposal lays down a technology neutral emission reduction trajectory that forces ship owners and operators to gradually reduce emissions from their vessels. The proposal also establishes a requirement for ships to connect to on-shore power supply in certain situations in order to limit harmful air pollution.

Economic context of the proposal

Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy.

In order for the maritime sector to contribute to overall decarbonisation efforts, new fuels and propulsion technologies need to be deployed and the sector has far-reaching ambitions in this regard. It is nevertheless both complicated and expensive to make the transition happen. Fuel costs make up between 35 % and 53 % of the total operating cost in shipping. The proposed regulation would significantly increase fuel prices and thus have a major impact on total shipping costs. Furthermore, the Rapporteur stresses that added costs in the transport phase passes on to the manufacturing and retail phases, ultimately hitting consumers. The economic burdens will be felt hardest by low-margin industries and low-income households, which calls for compensatory actions to keep transport freight rates down and safeguard people’s purchasing power. The Rapporteur proposes an obligation for the Commission to present measures offsetting the new compliance costs introduced, in order to prevent the total level of regulatory burden from increasing.

Scope and level of ambition

The Commission’s emission reduction trajectory targets ships above 5000 gross tonnes and encompasses 100% of their intra-EU voyages and 50% of their voyages between EU ports and ports located in third countries. The Rapporteur supports the level of ambition proposed by the Commission, as well as the ship type and geographical scope. The maritime sector's intrinsic global character underlines the importance of a level playing field where rules apply irrespective of a ship’s flag state. Seeking international solutions that apply equally across the globe will be key to achieving the major emission reductions necessary. The Rapporteur sees this Regulation as an important tool to fast-forward negotiations within the International Maritime Organization (IMO) on global greenhouse gas standards and to spur a behavioural change in terms of uptake of low-carbon and renewable fuels among maritime operators acting in European seas and calling on EU ports.

Given that the Regulation is the first of its kind, with a risk of unknown side effects, the Rapporteur believes that focus should be on the largest actors, which generate the lion’s share of emissions, while preventing the compliance costs from hitting the smallest shipping companies. Clear review clauses will however be included in the Regulation in order to monitor whether there are overriding reasons to change the scope, not least in case the IMO adopts binding global GHG standards. In that case, the Rapporteur suggests that the rules should be fully streamlined to remove any competitive disadvantage for European shipping companies.

Calculation of emission factors and compliance

The 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. The Rapporteur suggests 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. The default values can then help avoid lengthy and bureaucratic testing procedures for the vast majority of owners and operators, while those that are frontrunners in terms of technological development and low-carbon propulsion can be rewarded if they outperform the default values.

On-shore power supply

Stimulating the use of on-shore power supply (OPS) when vessels are at berth can remedy harmful local air pollutants and be one among many measures to reduce the maritime sector’s carbon footprint. FuelEU Maritime’s sister-Regulation, the Alternative Fuels Infrastructure Regulation (AFIR), lays down provisions on ports to provide the opportunity to connect, while FuelEU Maritime imposes on ship owners and operators to use these connections when at berth. The respective provisions in these two Regulations must be completely streamlined to avoid stranded assets and to ensure that investments are made where reasonable and effective. The Rapporteur proposes that the obligation to connect to OPS supply should apply to ships calling on ports falling inside the scope of AFIR and not on all EU ports, in order to safeguard the competitiveness of smaller non-TEN-T ports and avoid dramatic redistributions of traffic that would damage the connectivity and economic standing of regions dependent on such ports. The Rapporteur sees a need to lower the economic threshold for the deployment and use of OPS, through a permanent tax exemption on electricity supplied through OPS.

Conclusion

The Rapporteur shares the ambition to decarbonise maritime transport and appreciates the technology neutral approach proposed by the Commission, which will ensure that stakeholders in the sector can deploy the most efficient solutions without political micromanagement. The flag neutral approach and extra-EU scope increase chances of achieving an international solution within the IMO. The Rapporteur reiterates that Europe’s global competitiveness must be safeguarded and that recurring report and review procedures will be paramount to identify possible undesirable consequences and prevent carbon, investment and job leakage. The Rapporteur underlines that emission limits must be phased in gradually, in a pace that allows stakeholders to adapt in a cost effective way, ensuring decarbonisation at a price that is bearable for consumers.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Clean Air Task Force

CLECAT

Costa Group

Cruise Lines Industry Association (CLIA)

D´Amico Shipping Group

Danish Shipowners' Association

DFDS

EU-kommissionens generaldirektorat för klimat (GD CLIMA)

EU-kommissionens generaldirektorat för transporter (GD MOVE)

Eurogas

European Biodiesel Board

European Community Shipowners' Association

European Energy Forum

European Sea Ports Organisation

European Transport Workers' Federation

Feport

Finlands EU-representation

Finlands miljödepartement

Finlands transport- och kommunikationsdepartement

Finnish Shipowners' Association

FuelsEurope

Future Proof Shipping

Gas Infrastructure Europe

Gasum

GoodFuels

Grimaldi Group

Hydrogen Europe

International Shipowners´ Association of Portugal

Kongsberg Maritime

Liquid Wind

Maersk

Methanol Institute

MSC Group

Nederländernas EU-representation

Norges EU-representation

Norges miljödepartement

North Sea Port

Port of Rotterdam

Research Institutes of Sweden (RISE)

Rina Services

Scandlines

Sea Europe (Shipyards and Maritime Equipment Association)

Sea-LNG

Siemens Energy

Skogsindustrierna

Stena

Svensk Sjöfart

Sveriges EU-representation

Tärntank Rederi Donsö

Teneo

Tjeckiens EU-representation

Trafigura

Transport & Environment

Wärtsilä

World Shipping Council

X Shore Electric Boats

Yara

20.6.2022

OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY

for the Committee on Transport and Tourism

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

(COM(2021)0562 – C90333/2021 – 2021/0210(COD))

Rapporteur for opinion:Tiemo Wölken

(*) Associated committee – Rule 57 of the Rules of Procedure

SHORT JUSTIFICATION

Shipping is responsible for 3-4% of the EU’s CO2 emissions. While the transition towards zero-emission technologies has picked up pace in other sectors, the shipping sector’s path to achieving the zero-emission goal by 2050 is not yet clear. The sixth Assessment Report of the IPCC has put on display the increasing urgency for every sector to accelerate their decarbonisation in order to fulfil the EU’s objectives under the Paris Agreement. With less than 30 years left, and considering the long lifetime of ships, the right steps towards this goal have to be taken now.

Fuel EU Maritime - Fostering innovation and creating new jobs

New technologies and fuels are becoming available and being picked up in other sectors. A similar transition towards renewable fuels has to take place in shipping in order to guarantee that the sector can reap the benefits of new industrial opportunities. This transition can be beneficial for both innovative industries in Europe and the existing workforce that is delivering economically significant work in maritime clusters in the EU. The Commission’s Impact Assessment carried out for this Regulation has confirmed that the evolution of technologies can benefit both workers and existing companies, attracting new investment.

At the same time, the necessity to upgrade skills necessitates significant investments in training and certification of shipbuilders and seafarers, as learning how to work with new technologies is not currently included in training and education programmes nor required by existing regulations. The upskilling and reskilling of workers in the shipbuilding and maritime technology sector will only gain in importance, in particular regarding green and digital skills. The EU Pact for Skills for the sector should ensure that stakeholders, including employers, trade unions, universities and vocational training providers, can prepare the workforce for future technological advancements and ensure that no worker or region is left behind. Additionally, quality social dialogue at all levels and adherence to the EU Directive on European Works Councils is essential for achieving a just transition towards an innovative shipping industry with quality jobs.

Choosing the right instruments to incentivise upscaling of sustainable technologies

Shipping has been recognised by the EU hydrogen strategy as a main sector for the upscaling of renewable hydrogen. As shipping has to compete for scarce renewable hydrogen supplies with other sectors, in which other, more efficient solutions like direct electrification can be deployed, additional measures should be taken to encourage the uptake of renewable fuels of non-biological origin in the maritime sector. Otherwise, significant demand in other sectors could divert the necessary fuels from the shipping sector and create lock-out due to path dependency effects.

Therefore, the Rapporteur proposes to introduce a minimum quota for renewable fuels of non-biological origin as an innovation-fostering instrument. The Commission recognises that this policy option would have positive impacts on the shipping, shipbuilding and marine equipment industries. To ensure supply, the Rapporteur proposes to introduce an equal obligation on fuel suppliers at port level.

The Commission concludes that even with mixed instruments, the main benefits of the innovation push will only be unlocked after 2030. In order to account for this, the Rapporteur proposes to advance the targets and extend the scope, including on the obligation to use on shore power supply. Innovation needs to be boosted now, both for achieving our climate goals and for enhancing the competitiveness of the European shipbuilding industry.

The Rapporteur proposes to focus policy instruments on renewable fuels of non-biological origin, while not incentivising particular technologies. Regarding biofuels, the Rapporteur does not share the Commission’s optimism about their scalability, given that the EU's carbon sink needs to grow at the same time. A focus on renewable fuels of non-biological origin also comes with other advantages such as the reduction of methane slippage.

The EU as a frontrunner in shipping decarbonisation - incentivising climate action at the international level

This Regulation has an important international dimension. At the IMO, the international strategy to reduce shipping’s greenhouse gas emissions is currently discussed. The European Commission and all EU Member States have endorsed the assessment that international shipping reaching zero greenhouse gas emissions by 2050 is essential to keep the Paris Agreement temperature goals within reach. To increase the international ambition and incentivise the development of green shipping corridors, the Rapporteur proposes to extend the application of this Regulation to the full scope of international voyages.

To prevent fraud regarding international bunkering of hydrogen and hydrogen-derived fuels and to enable the international trade of sustainable hydrogen, the EU should accelerate work on international sustainable hydrogen standards and the complete documentation, certification and control of sustainable hydrogen. Within the IMO and other international organisations, robust tracking and verification systems for biofuels and renewable fuels of non-biological origin have to be advanced quickly.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility

of the Rapporteur. The Rapporteur has received input from the following entities or persons in

the preparation of the draft opinion:

Entity and/or person

Hanse-Office

Meyer Werft GmbH & Co. KG

Fr. Lürrsen Werft GmbH und Co KG

Verband für Schiffsbau und Meerestechnik e.V.

Verband Deutscher Maschinen- und Anlagenbau

Verband Deutscher Reeder

TUI Cruises

Agentur für Struktur und Personalentwicklung

Naturschutzbund Deutschland

Zentralverband der deutschen Seehafenbetriebe

Uniper SE

EWE AG

Verband der Chemischen Industrie

Maritimes Cluster Norddeutschland e.V.

MARIKO GmbH

ZIM-Netzwerk GreenMeth

European Community Shipowner's Associations

T&E - Transport and Environment

IndustriAll Global Union

International Council on Clean Transportation

Getting to Zero coalition

European Sea Ports Organisation (ESPO)

SEA-LNG LTD

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, and a loss of connectivity for citizens and businesses

(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions, with pollution resulting from greenhouse gas emissions having a particular impact on marine and coastal ecosystems, marine biodiversity as well as on human health. CO2 emissions from maritime transport both at global and European level are expected to increase, unless further action is taken respectively by 90 % to 130 % of 2008 emissions by 2050 and by 86 % compared with 1990 levels by 20501a. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy, yet its environmental and climate impact needs to be tackled swiftly. All sectors of the economy must contribute to the swift reduction of GHG emissions towards net-zero GHG emissions by 2050 at the latest as enshrined in Regulation (EU) 2021/11191b of the European Parliament and of the Council. It is therefore essential for the Union to set an ambitious pathway for the swift ecological transition of the maritime sector, which would also contribute to maintaining and further promoting its global leadership and competitive advantage in the green technologies, services and solutions in the sector as well as contributing to the health of citizens and decreasing the stress on marine ecosystems by reducing noise and pollution of air and water.

__________________

1a Fourth IMO GHG Study 2020, International Maritime Organization, London, 2021

1b OJ L 243, 9.7.2021, p. 1

Amendment 2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) As it recognises the negative impact of climate change, and especially maritime transport on ocean ecosystems and marine biodiversity, and on the vulnerability of coastal regions, this Regulation should take into account the Special Report on the Ocean and Cryosphere in a Changing Climate of the IPCC1a , and be in line with the Regulation (EU)2015/757 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport (MRV)1b as well as the objectives agreed upon by the Mission Starfish 2030: restore our Ocean and Waters1c.

__________________

1a IPCC, Special Report on the Ocean and Cyrosphere in a Changing Climate, 2019. United Nations, Paris Agreement, 2015.

1b 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.

1c European Commission, Directorate-General for Research and Innovation, Lamy, P., Citores, A., Deidun, A., et al., Mission Starfish 2030: restore our ocean and waters, Publications Office, 2020.

Amendment 3

Proposal for a regulation

Recital 1 b (new)

Text proposed by the Commission

Amendment

(1b) The maritime sector employs 2 million Europeans and contributes 149 billion Euros to the economy. For every million Euros generated in the shipping industry, 1,8 million Euros is generated elsewhere in the EU economy1a

__________________

1a European Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.

Amendment 4

Proposal for a regulation

Recital 1 c (new)

Text proposed by the Commission

Amendment

(1c) The successful transition to zero-emission shipping requires an integrated approach and the appropriate enabling environment to stimulate innovation, both on ships and in ports. That enabling environment involves public and private investment in research and innovation, technological and operational measures to improve the energy efficiency of ships, and the deployment of sustainable alternative fuels, such as hydrogen and ammonia, that are produced from renewable energy sources and of zero-emission propulsion technologies, including the necessary refuelling and recharging infrastructure in ports. An Ocean Fund should be established to improve the energy efficiency of ships and support investment aimed at helping to decarbonise maritime transport, including in short sea shipping and ports. In parallel, revenues should also be used to support the training, re- and up-skilling of workers along the entire value chain of the maritime sector, including shipyards, in order to equip them with environmentally friendly skills and technologies needed for the transition. 20% of the yearly revenue generated from the payment of penalties should be used to contribute to the protection, restoration and better management of marine ecosystems.

Amendment 5

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to motivate the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happen by 2030 to prepare for much more rapid change thereafter.

(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050 at the latest, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20. This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to improve the energy and operational efficiency of the sector and promote swift uptake of renewable fuels and renewable energy, whilst respecting the principle of technological neutrality. It is essential to foster innovation and to support research for emerging and future innovation such as emerging alternative fuels, eco-design, bio based materials, and wind propulsion via the construction of thick and rigid wings for sailboats while motivating the use of sustainably produced renewable fuels, included in the maritime transport sector. The necessary technology development and deployment has to happen and should be supported as soon as possible to ensure the Union is on track to reach its 2030 climate and energy targets as well as climate neutrality by 2050 at the latest to prepare for much more rapid change thereafter.

__________________

19 COM(2020) 563 final

20 COM(2020) 562 final

Amendment 6

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2a) Methane is a powerful greenhouse gas, over 80 times more potent than CO2 over a 20-year period, making it the second most important greenhouse gas, contributing to about a quarter of the global warming experienced today. Additionally, it is a precursor to ground-level ozone (O3) which is an important pollutant. Pathways modelled by the 1.5°C Special Report of the Intergovernmental Panel on Climate Change (IPCC), the IPCC Sixth Assessment Report and the 2021 Global Methane Assessment of the UN Environment Programme (UNEP) that limit global warming to 1.5°C with no or limited overshoot involve deep reductions in methane emissions. Therefore, in order to adequately capture the short-term climate forcing effects of methane, and thus accurately account for the climate impact of the use of fossil liquefied natural gas in the shipping sector over the envisaged timeframe of implementation of this Regulation, the use of a Global Warming Potential (GWP) value of methane over a 20-year time horizon (GWP20) is considered more appropriate than over a 100-year time.

Amendment 7

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission

Amendment

(2b) Considering their different starting points, Member States should be supported to improve their capacity to bring about changes into policies pertaining to sustainable maritime fuels.

Amendment 8

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 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.

(3) In the context of fuel transition to sustainable renewable 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 typically between 35% and 53% of shipping freight rates. Differences in fuel requirements across Member States of the Union, the availability of renewable fuels in maritime ports under the jurisdiction of a Member State is accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.

Amendment 9

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3a) The maritime sector is characterized by fierce international competition, and major differences in regulatory burdens across flag states have exacerbated unwanted practices such as the reflagging of vessels. The sector's intrinsic global character underlines the importance of a favourable regulatory environment, which is a precondition for attracting new investments and safeguarding the competitiveness of European ports, ship owners and operators.

Amendment 10

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(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 limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. 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.

(4) In order to produce an effect on all the activities of the maritime transport sector, it is appropriate that this Regulation covers all 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 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 outside the jurisdiction of a Member State, the entirety 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 a framework limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the Union. 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 11

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) The FuelEU Maritime Regulation should be closely aligned and consistent with the proposal for a Regulation XXXX-XXX (Alternative Fuels Infrastructure Regulation), the proposal for a revision of Directive 2003/87/EC (EUETS), Directive XXXX-XXX (Renewable Energy Directive), and the proposal for a revision of Directive 2003/96/EC (Energy Taxation Directive), in order to ensure a coherent legislative framework for the shipping ecosystem, that contributes to massively increasing the production of alternative fuels, ensures the deployment of the necessary infrastructure and incentivises the use of these fuels in a steadily growing share of vessels.

Amendment 12

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) It should be noted that a threshold of 5000 gross tonnage (GT) may in practice have unwanted adverse effects, as it does not incentivise smaller ships to reduce their emissions and may lead to the replacement of a ship above the threshold by several smaller ones, resulting in a lack of level playing field, as well as a negative impact on CO2 emissions and the environment.

Amendment 13

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions 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.

(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. However, the shipping company is not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. These responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. In that case, in order to properly implement the ‘polluter pays’ principle and to encourage the uptake of cleaner fuels, it is important that a binding clause be included in these agreements for the purpose of passing on to that entity the costs under this Regulation, namely the penalties related to the under-performance of the ship, and that the clause provides that the entity responsible for the operation of the ship reimburses the shipping company with respect to the penalties imposed. In this regard operation of the ship means in particular determining the cargo carried, the itinerary (including the port of calls), the routeing and/or the 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 14

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7) In order to limit the administrative burden, in particular that of smaller operators, this Regulation should not apply to wooden ships of a primitive build and ships not propelled by mechanical means and focus on ships with a gross tonnage above 5 000. Even though these latter ships represent only approximately 55% of all ships calling at ports under the Regulation (EU) 2015/757 of the European Parliament and of the Council, they are responsible for 90% of the carbon dioxide (CO2) emissions from the maritime sector.

(7) In order to limit the administrative burden, in particular that of smaller operators, this Regulation should not apply to wooden ships of a primitive build and ships not propelled by mechanical means and focus on ships with a gross tonnage above 400, as ships above 5000 gross tonnage represent only approximately 55% of all ships calling at ports under the Regulation (EU) 2015/757 of the European Parliament and of the Council, and to avoid incentives to game the system by building smaller ships just below the threshold. The extension of this scope should also foster the development and application of the technological innovations for medium-sized ships.

Amendment 15

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The development and deployment of new fuels and energy solutions requires a coordinated approach to match supply, demand and the provision of appropriate distribution infrastructure. While the current European regulatory framework already partly addresses fuel production with Directive (EU) 2018/2001 of the European Parliament and of the Council22 and distribution with Directive 2014/94/EU of the European Parliament and of the Council23 , there is also a need for a tool that establishes increasing levels of demand of renewable and low-carbon maritime fuels.

(8) The development and deployment of sustainable renewable fuels and energy solutions requires a coordinated approach to match supply, demand and the provision of appropriate distribution infrastructure. While the current European regulatory framework already partly addresses fuel production with Directive (EU) 2018/2001 of the European Parliament and of the Council22 and distribution with Directive 2014/94/EU of the European Parliament and of the Council23 , there is also a need for a tool that establishes increasing levels of demand of renewable maritime fuels and their supply by individual fuel suppliers to ensure sufficient coverage of renewable maritime fuels.

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22 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2001, p. 82).

23 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).

Amendment 16

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or electricity, is therefore necessary.

(9) While instruments such as carbon pricing may promote some improvements in energy and operational efficiency, they are not suited to bring about a significant uptake of operational and energy efficiency measures nor a shift towards renewable fuels in the short and medium term. A specific regulatory approach dedicated to spur operational and energy efficiency measures as well as the deployment of renewable maritime fuels and substitute sources of energy, such as wind or electricity, is therefore necessary.

Amendment 17

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

(9a) In line with the Energy Efficiency First principle, this Regulation takes an integrated approach by introducing targets for energy efficiency, so that minimal energy would be required for various maritime activities, in addition to promoting fuel switch to sustainable renewables. An emission reduction target per transport work will stimulate shipowners and commercial operators to implement available operational and energy efficiency measures, according to their needs, such as slow steaming, speed and planning optimisation, wind propulsion, anti-fouling coatings, electrification from renewable sources and energy storage, but also digitalisation and logistics optimisation. Equally important to correctly operationalise the energy efficiency first guidelines is to incentivise, more energy efficient energy sources or propulsion technologies for energy used at sea and at berth to comply with the provisions in this Regulation.

Amendment 18

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology.

(10) Policy intervention to stimulate demand of renewable maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology. At the same time, a distinction has to be made to particularly incentivise scalable zero emission fuels that are needed to reach eventual full coverage of the market. Moreover, dedicated incentives are deemed appropriate to stimulate the upscale and uptake of renewable fuels of non-biological origin which are set to play a key role to decarbonise those shipping applications without a more energy efficient and sustainable renewable-based alternative, such as direct renewable-based electrification or renewable propulsion technologies.

Amendment 19

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.

(11) Development and deployment of renewable fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels and renewable propulsion technologies in the short and long term to contribute to Union climate, energy and transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection.

Amendment 20

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a) Shipping has been recognised in the EU Hydrogen strategy1a as a main sector for the upscaling of sustainable fuels derived from renewable hydrogen. As shipping has to compete for scarce renewable hydrogen supplies with other sectors, in which other, more efficient solutions like direct electrification can be deployed, additional measures should be established to encourage the uptake of renewable fuels of non-biological origin in the maritime sector, as they need to be firmly up-scaled to achieve zero emissions of shipping by 2050.

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1a COM(2020)0301.

Amendment 21

Proposal for a regulation

Recital 11 b (new)

Text proposed by the Commission

Amendment

(11b) The Commission has identified additional incentives for synthetic fuels as an important element to bridge the price gap to fossil fuels and biofuels in the Impact Assessment to this regulation. The Commission recognises that a minimum quota for synthetic fuels would have positive impacts on innovation, the shipping, shipbuilding and marine equipment industries. This innovation push needs to be unlocked already before 2030, to accelerate the reduction of greenhouse gases and to safeguard high quality jobs in European shipbuilding and connected sectors. A quota can generally increase the predictability of the regulatory framework, thereby minimising an important barrier to the deployment of renewable fuels of non-biological origin.

Amendment 22

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop-based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway.

(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop-based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominantly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable fossil fuel pathway. This also applies to intermediate crops as well as palm fatty acid distillates that are a main byproduct of palm oil. Imported biofuels must comply with the European sustainability criteria set out in the Renewable Energy Directive.

Amendment 23

Proposal for a regulation

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a) Used Cooking Oil can be a sustainable, waste-based fuel. However, there has been evidence of fraud in third countries on illegitimate labelling of used cooking oil. OLAF yearly investigations1a show concerning numbers of illegal input of biodiesel from the world market into the EU which are falsely described as having been obtained from used cooking oil (UCO). Regarding the international character of this Regulation, enforcement and control of sustainability standards of bunkered biofuels is even more difficult than for imported biofuels. Therefore, the Commission should evaluate whether used cooking oil should be considered to have the same emission factors as the least favourable fossil fuel pathway.

Amendment 24

Proposal for a regulation

Recital 13 b (new)

Text proposed by the Commission

Amendment

(13b) To prevent fraud regarding international bunkering of renewable hydrogen and hydrogen-derived fuels and to enable the international trade of renewable hydrogen, the EU should accelerate works on international renewable hydrogen standards and robust tracking, certification and verification systems for renewable fuels of non-biological origin.

Amendment 25

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) The long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels.

(14) The long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport, as well as the long average lifespan of ships ranging between 25 and 30 years, require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. The accelerating climate crisis increases the importance of measures taken in the sector today. A clear, ambitious and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships, both during navigation and at berth, until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of renewable marine fuels. It is important to ensure legal certainty and provide sufficient time for the sector to plan and prepare long-term, as well as to avoid stranded assets. Possible future reviews of this Regulation should duly take this into account.

Amendment 26

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. The use of substitute sources of energy, such as wind or electricity, should also be reflected in the methodology.

(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels including on the basis of the information provided by the EU maritime fuel suppliers. The use of substitute sources of energy, such as wind, solar or electricity both on board and at berth, should also be reflected in the methodology.

Amendment 27

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation.

(17) The well-to-wake performance of all renewable maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. Fossil fuels, including fossil gas, should however only be assessed through the use of default emission factors as provided for by this Regulation.

Amendment 28

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) A comprehensive approach on all the most relevant GHG emissions (CO2, CH4 and N2O) is necessary to promote the use of energy sources providing a lower GHG footprint overall. In order to reflect the global warming potential of methane and nitrous oxides, the limit set by this Regulation should therefore be expressed in terms of ‘CO2 equivalent’.

(18) A comprehensive approach on all the most relevant GHG emissions (CO2, CH4 and N2O), including the climate impact of black carbon emissions, is necessary to promote the use of energy sources providing a lower GHG footprint overall. In order to reflect the global warming potential of methane, nitrous oxides and black carbon, the reference value and the limits set by this Regulation should therefore be expressed in terms of ‘CO2 equivalent’.

Amendment 29

Proposal for a regulation

Recital 18 a (new)

Text proposed by the Commission

Amendment

(18a) According to the IPCC Assessment Report 61a, the world risks overshooting the 1.5°C temperature limit within the next 20 years. Therefore, it is appropriate to calculate the Global Warming Potential of Methane, Black Carbon and Nitrous Oxide on a 20 years’ timeframe to avoid underestimating the real short-time effect on global warming.

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1a IPCC, 2021: Climate Change 2021: The Physical Science Basis. Contribution of Working Group I to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change

Amendment 30

Proposal for a regulation

Recital 18 b (new)

Text proposed by the Commission

Amendment

(18b) Black carbon is both an air pollutant and short-lived climate forcer that forms along with particulate matter (PM) during combustion, with a significant warming effect. In an October 2021 Communication1a, the EU undertook to “lead the drive for Zero Emission and Zero Pollution shipping in the Arctic Ocean, in line with our Green Deal objectives and the Fit for 55 package”.

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1a Joint communication to the European parliament, the Council, the European economic and social committee and the Committee of the regions a stronger EU engagement for a peaceful, sustainable and prosperous Art JOIN(2021) 27 final.

Amendment 31

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) The use of renewable energy sources and alternative propulsion, such as wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy use. The difficulty to accurately measure and quantify these energy sources (intermittence of the energy use, direct transfer as propulsion, etc.) should not impede their recognition in the overall ship energy use through means of approximations of their contribution to the ship’s energy balance.

(19) The use of renewable energy sources and alternative propulsion, such as wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy use. Solutions to accurately measure and quantify these energy sources such as on board sensors and software for assessing route conditions are becoming increasingly available. Therefore, the contribution of renewable energy sources and alternative propulsion to the overall ship’s energy balance should be recorded and accounted as accurately as possible by using the best means of measuring available to date or, when that is proven not technically possible, through the best available approximations. For instance, the MEPC.1/Circ.896 from the International Maritime Organization (IMO) provides guidance on the treatment of innovative energy efficiency technology, including for estimating energy from wind assist propulsion.

Amendment 32

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) Air pollution produced by ships (sulphur oxides, nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities. Therefore, specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their engines during their stay in port. According to the data collected within the framework of Regulation (EU) 2015/757 in 2018, passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. Accordingly, emissions from these categories of ships should be addressed as a priority.

(20) Air pollution produced by ships (sulphur oxides, nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities, with an estimated impact of over 50 000 deaths per year in the Union. Therefore, specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their internal combustion engines during their stay in port. According to the data collected within the framework of Regulation (EU) 2015/757 in 2018, passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. Accordingly, emissions from these categories of ships should be addressed as a priority, followed soon after by measures and targets addressing emissions for all remaining ships in order to improve air quality in coastal areas and port cities, as these ships represent only 40% of berth emissions. In order to better protect human health and the environment the scope should be extended to further ship types.

Amendment 33

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

(20a) Since it is the second largest contributor to climate warming caused by ships, measures to reduce black carbon should be included in this Regulation in order to tackle both air pollution and climate change as soon as possible. Setting stringent GHG intensity limits and an operational energy efficiency target will help reduce both CO2 and black carbon emissions. However as those targets will require time to be implemented, additional measures are required to tackle with priority the release of black carbon close or near the Arctic. Therefore, all ships covered by this Regulation which sail through the Arctic should be required to use only distillates or renewable fuels or zero-emissions methods of propulsion.

Amendment 34

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships.

(21) The use of on-shore power supply (OPS) abates air pollution produced by ships at berth as well as reduces the amount of GHG emissions generated by maritime transport at berth. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), while exempting ports from the obligation to offer OPS connection points when there is no demand, the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships, while Directive 2014/94/EU should ensure that ports deploy zero-emission infrastructure and avoid fossil fuel lock-ins by infrastructure. A parallel obligation on ports within this regulation to cater for the necessary infrastructure will be necessary, also to prevent unfair competition between ports. If the obligation is not fulfilled, ports should be responsible to pay penalties.

Amendment 35

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS, a ship should be exempted from its use of OPS.

(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports, such as renewable installation on board, batteries and batteries swaps. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS in terms of air pollution and GHG emissions reduction, a ship should be exempted from its use of OPS.

Amendment 36

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. As of 2035, ship operators should plan carefully their port calls to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS shoud be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.

(24) Exceptions in case of incompatibility of OPS should not be made after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. Ports should equip their berths, and ship owners their vessels, with power installations that comply with applicable standards, in order to ensure that the systems are fully compatible. As of 2030, ship operators should make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment and human health in coastal areas and port cities. A limited number of exceptions in case of unavailability of OPS should be maintained in order to provide the possibility for occasional last-minute changes in port call schedules.

Amendment 37

Proposal for a regulation

Recital 24 a (new)

Text proposed by the Commission

Amendment

(24a) The reduction of air pollutants is of high concern for human health, but technical solutions like exhaust gas cleaning systems should not lead to redirect pollution. Discharges of waste from exhaust gas cleaning systems can stress the direct environment of ship lanes and can be avoided by proper disposal in port reception facilities.

Amendment 38

Proposal for a regulation

Recital 24 b (new)

Text proposed by the Commission

Amendment

(24b) The implementation of this Regulation should take consideration of the diverse governance models for ports across the Union.

Amendment 39

Proposal for a regulation

Recital 24 c (new)

Text proposed by the Commission

Amendment

(24c) Coordination between ports and ship operators is crucial to ensure smooth connection procedures to on-shore power in ports. Ship operators should inform the ports they call at about their intentions to connect to on-shore power, their power needs during the given call, in particular when those exceed the estimated needs for this ship category.

Amendment 40

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) A robust monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non-discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and maritime authorities.

(25) A robust and transparent monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non-discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers, maritime and administrative authorities.

Amendment 41

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board or presence of wind assisting technologies, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier.

(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board, technical specification of wind assisting technologies or any alternative source of energy present onboard, including the accounting of the energy they provide, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier.

Amendment 42

Proposal for a regulation

Recital 27

Text proposed by the Commission

Amendment

(27) Certification 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. Such certification should be undertaken by means of a transparent and non-discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to-tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake).

(27) Certification of fuels is essential to achieve the objectives of this Regulation and guarantee the environmental integrity of the renewable fuels that are expected to be deployed in the maritime sector. Such certification should be undertaken by means of a transparent and non-discriminatory procedure. With a view to facilitating certification and limiting the administrative burden, the certification of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by Directive (EU) 2018/2001. This approach of certification should also apply to fuels bunkered outside the Union, which should be considered as imported fuels, in a similar way as Directive (EU) 2018/2001. When companies intend to depart from the default values provided for by that Directive or this new framework, this should only be done when values can be certified by one of the voluntary schemes recognised under Directive (EU) 2018/2001 (for well-to-tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake).

Amendment 43

Proposal for a regulation

Recital 28

Text proposed by the Commission

Amendment

(28) Verification by accredited verifiers should ensure the accuracy and completeness of the monitoring and reporting by companies and the compliance with this Regulation. In order to ensure impartiality, verifiers should be independent and competent legal entities and should be accredited by national accreditation bodies established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council24 .

(28) Verification by accredited verifiers should ensure the accuracy and completeness of the monitoring and reporting by companies and the compliance with this Regulation. In order to ensure impartiality and effectiveness, verifiers should be independent and competent legal entities and should be accredited and overseen by national accreditation bodies established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council23a,24

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23a The respective competent administering authority is defined in this Regulation and sets out the penalties to be paid by non-compliant companies

24 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008).

Amendment 44

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) Based on the data and information monitored and reported by companies, the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit, including any compliance surplus or deficit, as well as the respect of the requirements to use on-shore power supply at berth. The verifier should notify this information to the company concerned. Where the verifier is the same entity as the verifier for the purpose of Regulation (EU) 2015/757, such notification could be done together with the verification report under that Regulation. Such information should be then reported by the company concerned to the Commission.

(29) Based on the data and information monitored and reported by companies, the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit, including any compliance surplus or deficit, as well as the respect of the requirements to use on-shore power supply at berth. The verifier should also separately aggregate on an annual basis each type of fuel or energy consumed at berth and at sea, including for each substitute source of energy consumed such as electricity, wind or solar energy. The verifier should notify and transmit this information to the company concerned. Where the verifier is the same entity as the verifier for the purpose of Regulation (EU) 2015/757, such notification could be done together with the verification report under that Regulation. Such information should be then reported by the company concerned to the Commission.

Amendment 45

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) The Commission should establish and ensure the functioning of an electronic database that registers the performance of each ship and ensures its compliance with this Regulation. In order to facilitate reporting and limit administrative burden to companies, verifiers and other users, this electronic database should build upon the existing THETIS-MRV module and take into account the possibility to reuse information and data collected for the purpose of Regulation (EU) 2015/757.

(30) The Commission should establish and ensure the functioning of a centrally managed electronic database for registering the performance of each ship and ensuring its compliance with the various provisions of this Regulation, as well as for collecting data on energy uses, penalties, flexibilities, exemptions and any other relevant information related to the Regulation In order to facilitate reporting and limit administrative burden to companies, verifiers and other users, this electronic database should build upon the existing THETIS-MRV module and take into account the possibility to reuse information and data collected for the purpose of Regulation (EU) 2015/757. The data entered in the database should be comparable and be made publicly available in an open format in order to allow the general public and, in particular, the civil society and the scientific community to track the ecological transition of the maritime sector.

Amendment 46

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) In order to avoid technology lock-in and continue supporting the deployment of most performant solutions, companies should be allowed to pool the performances of different ships and use the possible over-performance of one ship to compensate for the under-performance of another ship. This creates a possibility to reward overcompliance and incentivates investment in more advanced technologies. The possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies.

(32) In order to avoid technology lock-in and continue supporting the deployment of most energy efficient and sustainable renewable energy solutions, companies should be allowed to pool the performances of ships and use the possible over-performance of one ship to compensate for the under-performance of another ship. This creates a possibility to reward overcompliance and incentivises investment in more advanced technologies. The possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies.

Amendment 47

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) A document of compliance (‘FuelEU certificate of compliance’) issued by a verifier following the procedures established by this Regulation, should be kept on board ships as evidence of compliance with the limits on the greenhouse gas intensity of the energy used on-board by a ship a with the requirements on the use of OPS at berth. Verifiers should inform the Commission of the issuance of such documents.

(33) A document of compliance (‘FuelEU certificate of compliance’) issued by a verifier following the procedures established by this Regulation, should be kept on board ships as evidence of compliance with the limits on the greenhouse gas intensity of the energy used on-board by a ship, and with the requirements on the use of RFNBOs, on the use of OPS at berth. Verifiers should inform the Commission of the issuance of such documents. Port authorities should check the certificates of all ships falling under the scope of this regulation that call at their ports.

Amendment 48

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) Without prejudice to the possibility of complying through the flexibility and pooling provisions, the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. The penalty should be proportionate to the extent of the non-compliance and remove any economic advantage of non-compliance, thus preserving a level playing field in the sector. It should be based on the amount and cost of renewable and low-carbon fuel that the ships should have used to meet the requirements of the Regulation.

(35) Without prejudice to the possibility of complying through the flexibility and pooling provisions, the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. The penalty should be proportionate to the extent of the non-compliance and remove any economic advantage of non-compliance, thus preserving a level playing field in the sector. It should be at least twice as high as the difference between the price of the fuel used by the ship and the amount and price of the most cost efficient renewable fuel.

Amendment 49

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The penalty imposed for each non-compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the EU average electricity price for non-household consumers multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.

(36) The penalty imposed for each non-compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the most recent EU average electricity price for non-household consumers at the moment the penalty is imposed multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements. Where the ship is unable to connect to the OPS due to the lack of sufficient and appropriate infrastructure, the port should pay the penalty.

Amendment 50

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.

(37) The revenues generated from the payment of penalties should be exclusively used to promote the distribution and use of renewable fuels in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the Ocean Fund established in Directive 2003/87/EC.

Amendment 51

Proposal for a regulation

Recital 37 a (new)

Text proposed by the Commission

Amendment

(37a) The upskilling and reskilling of workers in the shipbuilding and maritime technology sector remains vital, in particular in relation to green and digital skills. The EU Pact for Skills for the sector should ensure that stakeholders, including employers, trade unions, universities and vocational training providers, can prepare the workforce for the technological changes of the future and ensure that no worker or region is left behind.

Amendment 52

Proposal for a regulation

Recital 37 b (new)

Text proposed by the Commission

Amendment

(37b) Quality social dialogue at all levels and adherence to the EU’s Directive on European Works Councils1a is essential for achieving a just transition towards an innovative shipping industry with quality jobs.

__________________

1a Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council

Amendment 53

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.

(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, the compilation of information for the calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.

Amendment 54

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well-to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor, and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well-to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, , adaptation of the penalty factor, penalties for ports, accreditation of verifiers, adaptation of the penalty factor, modalities for the payment of penalties, setting out labelling system for the environmental performance of ships. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 55

Proposal for a regulation

Recital 41 a (new)

Text proposed by the Commission

Amendment

(41a) The European Commission and all EU Member States endorsed a statement at the IMO Maritime Environment Protection Committee that notes the IPCC analysis of anthropogenic global warming due to past and ongoing emissions, and in light of the present trends described in the IPCC reports, and recognizes that international shipping reaching zero GHG emissions by 2050 is essential to keep the Paris Agreement temperature goals within reach1a .

__________________

1a MEPC 77/WP.1/Rev.1

Amendment 56

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it could be regarded as more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global approach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate, with the international rules.

(42) Given the international dimension of the maritime sector, a global, similarly effective and ambitious, approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it could be regarded as creating a higher impact due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO to increase ambition and facilitate international upscaling of renewable maritime fuels and the necessary infrastructure in ports. Where an agreement on such a similarly effective and ambitious global approach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate and not decreasing ambition, with the international rules.

Amendment 57

Proposal for a regulation

Recital 42 a (new)

Text proposed by the Commission

Amendment

(42a) The decarbonisation of maritime transport should include the establishment of low-emission zones - Sulphur Emission Control Area (SECA) and NECA (Nitrogen Emission Control Area) as decided in the Mediterranean by the contracting parties to the Barcelona Convention in 2021 and scheduled to come into force on January 1, 2025, after validation adoption by resolution by the Marine Environment Protection Committee (MEPC) of the International Maritime Organisation. The extension of SECA and NECA zones should apply to all European seas, especially to the Mediterranean sea, which suffers from chronic sources of pollution with adverse effects on human health and marine biodiversity.

Amendment 58

Proposal for a regulation

Recital 42 b (new)

Text proposed by the Commission

Amendment

(42b) The endeavour to reduce greenhouse gases as well as increase carbon removal on a global scale is a global undertaking, and as such, the EU should encourage international partners at international fora, such as the upcoming UNFCCC COP27 and COP 28 summits, to also undertake additional commitments to reduce greenhouse gases as well as increase carbon removal.

Amendment 59

Proposal for a regulation

Recital 42 c (new)

Text proposed by the Commission

Amendment

(42c) The Clydebank Declaration for green shipping corridors provides for a welcomed international initiative to facilitate renewable fuels infrastructure on international shipping routes. As this could enable the complete decarbonisation of all voyages bound to EU ports, the Commission and EU Member States should advocate for quick and ambitious operationalisation and upscaling of the initiative.

Amendment 60

Proposal for a regulation

Recital 42 d (new)

Text proposed by the Commission

Amendment

(42d) To ensure an international level playing field and maximise environmental integrity of legislation on renewable fuels, the European Commission and Members States should promote within the IMO and other international organisations robust tracking and verification systems for biofuels and renewable fuels of non-biological origin.

Amendment 61

Proposal for a regulation

Recital 43

Text proposed by the Commission

Amendment

(43) The uptake of renewable and low-carbon fuels and substitute sources of energy by ships arriving at, within or departing from ports under the jurisdiction of a Member State across the Union, is not an objective that can be sufficiently achieved by the Member States without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. This objective can be better achieved by introducing uniform rules at Union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

(43) The uptake of renewable fuels and substitute sources of energy by ships arriving at, within or departing from ports under the jurisdiction of a Member State across the Union, is not an objective that can be sufficiently achieved by the Member States without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. This objective can be better achieved by introducing uniform rules at Union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. Accordingly, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

Amendment 62

Proposal for a regulation

Recital 43 a (new)

Text proposed by the Commission

Amendment

(43a) The Commission should ensure implementation and availability of tools for collaboration and exchange of best practices for the maritime transport sector, as defined in the ‘Better Regulation Guidelines1a. It is essential that the regulations put in place under the Fit For 55 - Green Deal, EU ETS - as well as the European Recovery and Resilience Facility - are coherent and link actors from the maritime sector to make the EU the champion of green ships.

_________________

1a Commission Staff Working Document, Better Regulation Guidelines, SWD(2021) 305 final, European Commission, Brussels.

Justification

Tools for collaboration and exchange of best practices, such as the sectoral roadmaps, could help the sector to implement the new provisions provided by the Regulation thereby reducing emissions faster.

Amendment 63

Proposal for a regulation

Recital 43 b (new)

Text proposed by the Commission

Amendment

(43b) Recognizing the importance to address the specific needs of islands and remote areas with a view to ensure connectivity, flexibility should be provided to the passenger maritime cabotage sector, as prescribed in Council Regulation (EEC) No 3577/92, in order to adapt to the scheme without compromising the current level of transport services.

Amendment 64

Proposal for a regulation

Recital 43 c (new)

Text proposed by the Commission

Amendment

(43c) The successful transition towards zero-emission and green ships requires going beyond the silo approach and implementing an integrated approach to promote innovative measures for greener ships, in line with other European legislation, such as the MRV or ETS Regulations. For example, regarding hull design, new engines and sustainable alternative fuels, wind propulsion, and operational measures that can be implemented in the short term to reduce fuel consumption and thus emissions, such as speed reduction or better route planning. Speed reduction, also referred to as slow steaming, was tested on a large scale between 2006 and 2012 due to the sharp increase in fuel prices: a 10% reduction in speed led to a reduction in consumption of around 19%1a and a corresponding reduction in emissions.

_________________

1a ‘The impact of international shipping on European air quality and climate forcing’, European Environment Agency, Technical report No 4/2013.

Amendment 65

Proposal for a regulation

Article 1 – paragraph 1 – point -a (new)

Text proposed by the Commission

Amendment

(-a) the reduction of the greenhouse gas (‘GHG’) emissions per transport work as anaverage across the ship fleet operated by the same company arriving at, stayingwithin or departing from ports under the jurisdiction of a Member State;

Amendment 66

Proposal for a regulation

Article 1 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(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

(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;

Amendment 67

Proposal for a regulation

Article 1 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) the obligation to use distillates, sustainable renewable fuels or zero-emission technologies for the energy used by ships navigating through the Arctic and arriving at, staying within or departing from ports under the jurisdiction of a Member State;

Amendment 68

Proposal for a regulation

Article 1 – paragraph 1 – point a b (new)

Text proposed by the Commission

Amendment

(ab) the obligation to use a share of renewable fuels of non-biological origin by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State;

Amendment 69

Proposal for a regulation

Article 1 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the obligation to use on-shore power supply or zero-emission technology in ports under the jurisdiction of a Member State, in order to increase consistent use of renewable and low-carbon fuels and substitute sources of energy across the Union, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.

(b) the obligation to use on-shore power supply or zero-emission technology in ports under the jurisdiction of a Member State, in order to increase consistent use of renewable fuels and substitute sources of energy across the Union, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.

Amendment 70

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission

Amendment

in order to increase consistent use of renewable and low-carbon fuels and substitute sources of energy across the Union, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.

in order to increase energy efficiency of shipping operations and consistent use of renewable fuels and substitute sources of energy to replace fossil fuels in the maritime transport sector across the Union, in line with the Union’s objective of climate neutrality at the latest by 2050 and the goals of the Paris Agreement, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.

Amendment 71

Proposal for a regulation

Article 2 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

This Regulation applies to all ships above a gross tonnage of 5000, regardless of their flag in respect to:

This Regulation applies to marine fuel supplier and to all ships of 400 gross tonnage and above regardless of their flag in respect to:

Amendment 72

Proposal for a regulation

Article 2 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(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.

(c) the entirety 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.

Amendment 73

Proposal for a regulation

Article 2 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the entirety of the energy used on board for voyages through the Arctic that are departing from or arriving at a port of call under the jurisdiction of a Member State;

Amendment 74

Proposal for a regulation

Article 2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

Voyages of ships between 400 gross tonnage and 5000 gross tonnages operating within the national coastal waters of a Member State with a maximum un interrupted operation time of not more than 72 service hours are exempt from the contribution towards the goals in Article 4 and 4a.

Amendment 75

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) ‘greenhouse gas emissions’ means the release of carbon dioxide (CO2), methane (CH4) and nitrous oxides (N2O) into the atmosphere;

(a) ‘greenhouse gas emissions’ means the release of carbon dioxide (CO2), methane (CH4) and nitrous oxide (N2O) into the atmosphere and the direct radiative forcing of black carbon (BC) emissions;

Amendment 76

Proposal for a regulation

Article 3 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

(ea) ‘marine 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 77

Proposal for a regulation

Article 3 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) ‘zero-emission technology’ means a technology fulfilling the requirements of Annex III that does not imply the release of the following greenhouse gases and air pollutants into the atmosphere by ships: carbon dioxide (CO2), methane (CH4), nitrous oxides (N2O), sulphur oxides (SOx), nitrogen oxides (NOx) and particulate matter (PM);

(g) ‘zero-emission technology ’ means a technology fulfilling the requirements of Annex III that does not imply the release of the following greenhouse gases and air pollutants into the atmosphere by ships: carbon dioxide (CO2), black carbon (BC), methane (CH4), nitrous oxides (N2O), sulphur oxides (SOx), nitrogen oxides (NOx) and particulate matter (PM);

Amendment 78

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ‘port of call’ means a port of call as defined in Article 3, poin (b) of Regulation (EU) 2015/757;

(i) ‘port of call’ means the port where a ship stops to load or unload a substantial part of its cargo or to embark or disembark passengers; consequently, stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;

Amendment 79

Proposal for a regulation

Article 3 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) ‘company’ means company as defined in Article 3, point (d) of Regulation (EU) 2015/757;

(k) ‘company’ means the shipowner or any other organisation or person such as the manager; the time charterer or the bareboat charterer, which has assumed the responsibility for the commercial operation of the ship from the shipowner and is responsible for paying for fuel consumed by the ship;

Amendment 80

Proposal for a regulation

Article 3 – paragraph 1 – point k a (new)

Text proposed by the Commission

Amendment

(ka) ‘commercial operator of a ship’ means an operator that, for remuneration, provides scheduled or non-scheduled sea transport services for the carriage of passengers or freight and is entitled to decide on the commercial operations of the ship, such as the quality and quantity of the fuel used by the ship;

Amendment 81

Proposal for a regulation

Article 3 – paragraph 1 – point n

Text proposed by the Commission

Amendment

(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth;

(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth without the additional energy used due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and the additional energy used by a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class due to sailing in ice conditions;

Amendment 82

Proposal for a regulation

Article 3 – paragraph 1 – point q a (new)

Text proposed by the Commission

Amendment

(qa) ‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag State or an organisation recognised by that State, showing that the ship has been designed for navigation in sea-ice conditions.

Amendment 83

Proposal for a regulation

Article 3 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;

(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations as well as mobile installations on land or at water, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;

Amendment 84

Proposal for a regulation

Article 3 – paragraph 1 – point s a (new)

Text proposed by the Commission

Amendment

(sa) 'administering authority' in respect of a shipping company means: (a) in the case of a shipping company registered in a Member State, the Member State in which the shipping company is registered; (b) in the case of a shipping company that is not registered in a Member State, the Member State with the greatest estimated number of port calls from voyages performed by that shipping company in the last two monitoring years and falling within the scope set out in Article 2; (c) in the case of a shipping company that is not registered in a Member State and that did not carry out any voyage falling within the scope set out in Article 2 in the preceding two monitoring years, the administering authority shall be the Member State from where the shipping company has started its first voyage falling within the scope set out in Article 2;

Amendment 85

Proposal for a regulation

Article 3 – paragraph 1 – point x a (new)

Text proposed by the Commission

Amendment

(xa) ‘non-compliant Arctic voyage’ means a ship voyage that does not comply with the requirements set out in Article 4d;

Amendment 86

Proposal for a regulation

Article 3 – paragraph 1 – point y

Text proposed by the Commission

Amendment

(y) ‘least favourable pathway’ means the most carbon-intensive production pathway used for any given fuel;

(y) ‘least favourable pathway’ means the most greenhouse gas-intensive production pathway used for any given fuel;

Amendment 87

Proposal for a regulation

Article 3 – paragraph 1 – point z

Text proposed by the Commission

Amendment

(z) ‘CO2 equivalent’ means the metric measure used to compute the emissions from CO2, CH4 and N2Oon the basis of their global-warming potential, by converting amounts of CH4 and N2O to the equivalent amount of carbon dioxide with the same global warming potential;

(z) ‘CO2 equivalent’ means the metric measure used to compute the emissions from CO2, CH4, Black Carbon and N2O on the basis of their global-warming potential, by converting amounts of CH4 and N2O to the equivalent amount of carbon dioxide with the same global warming potential 20 years after the emission into the atmosphere (“GWP 20”);

Amendment 88

Proposal for a regulation

Article 3 – paragraph 1 – point ee a (new)

Text proposed by the Commission

Amendment

(eea) 'sailing in ice conditions' means sailing of an ice-classed ship in a sea area within the ice edge.

Amendment 89

Proposal for a regulation

Article 3 – paragraph 1 – point ee b (new)

Text proposed by the Commission

Amendment

(eeb) "ice edge" is defined by paragraph 4.4. of the WMO Sea-Ice Nomenclature, March 2014 as the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting.

Amendment 90

Proposal for a regulation

Article 4 – title

Text proposed by the Commission

Amendment

Greenhouse gas intensity limit of energy used on-board by a ship

Greenhouse gas intensity limit of energy used on-board by a ship and mandate for the uptake of renewable fuels of non-biological origin

Amendment 91

Proposal for a regulation

Article 4 – paragraph 2 – indent 1

Text proposed by the Commission

Amendment

— -2% from 1 January 2025;

— [-5%] from 1 January 2025;

Amendment 92

Proposal for a regulation

Article 4 – paragraph 2 – indent 2

Text proposed by the Commission

Amendment

— -6% from 1 January 2030;

— [-14%] from 1 January 2030;

Amendment 93

Proposal for a regulation

Article 4 – paragraph 2 – indent 3

Text proposed by the Commission

Amendment

— -13% from 1 January 2035;

— [-26%] from 1 January 2035;

Amendment 94

Proposal for a regulation

Article 4 – paragraph 2 – indent 4

Text proposed by the Commission

Amendment

— -26% from 1 January 2040;

— [-55%] from 1 January 2040;

Amendment 95

Proposal for a regulation

Article 4 – paragraph 2 – indent 5

Text proposed by the Commission

Amendment

— -59% from 1 January 2045;

— [-80%] from 1 January 2045;

Amendment 96

Proposal for a regulation

Article 4 – paragraph 2 – indent 6

Text proposed by the Commission

Amendment

— -75% from 1 January 2050.

— [-100%] from 1 January 2050.

Amendment 97

Proposal for a regulation

Article 4 – paragraph 3 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex I in order to insert or update reference standards for accurately measuring and accounting for the contribution of substitute sources of energy in the light of scientific and technical progress.

Amendment 98

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to include the well-to-wake emission factors related to any new sources of energy or to adapt the existing emission factors to ensure consistency with future international standards or the legislation of the Union in the field of energy.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to ensure the emission factors are as representative as possible to real emissions according to the best available scientific and technical knowledge, to include the well-to-wake emission factors related to black carbon or any new sources of energy, or to adapt the existing emission factors to ensure consistency with future international standards or legislation of the Union in the fields of energy, climate and the environment.

Amendment 99

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. By 1 January 2025, the Commission shall adopt a delegated act in accordance with Article 26 to amend Annex II in order to differentiate the well-to-tank emission factors of fuels in the category “Fossil” on the basis of its origin, specifying and including at least the respective emissions of upstream, transportation, and in case of LNG additionally the emissions of liquefaction, storage, and ship loading.

Amendment 100

Proposal for a regulation

Article 4 a (new)

Text proposed by the Commission

Amendment

Article 4a

Minimum quota for renewable fuels of non-biological origin for ships

1. The yearly share of renewable fuels of non-biological origin, or of direct use of renewable energy, of the energy used on-board by a ship during a reporting period shall be at least the following values:

– 6% from 1 January 2030;

– 12% from 1 January 2035;

– 24% from 1 January 2040;

– 48% from 1 January 2045;

- 70% from 1 January 2050

Amendment 101

Proposal for a regulation

Article 4 b (new)

Text proposed by the Commission

Amendment

Article 4b

Reporting obligations for maritime fuel suppliers

By 31 March of each reporting year, maritime fuel suppliers shall report in the compliance database referred to in Article 16, the following information relative to the reporting period:

(a) The volume of renewable and low-carbon fuels at ports under the jurisdiction of a Member State, and for each type of energy;

(b) The lifecycle emissions, origin of feedstock and conversion process of each renewable and low-carbon fuel type supplied at ports under the jurisdiction of a Member State.

Amendment 102

Proposal for a regulation

Article 4 c (new)

Text proposed by the Commission

Amendment

Article 4 c

Minimum share of renewable fuels of non-biological origin available at Union ports

1. Marine fuel suppliers shall ensure that the overall marine fuel sold in the course of a year to ships at Union ports complies with the values and dates of application set out in Article 4 (a) in order to provide the necessary fuels to ships.

Amendment 103

Proposal for a regulation

Article 4 d (new)

Text proposed by the Commission

Amendment

Article 4d

Operational and energy efficiency: Greenhouse gas intensity per transport of work

1. Companies shall linearly reduce the annual GHG emissions per transport work by at least 40% by 2030 as an average across all ships under their responsibility, compared to the average performance per ship category of ships of the same size and type as reported under this Regulation or, where appropriate, under the Regulation (EU) 2015/757.

2. Where, in a given reporting period, a company fails to comply with the annual reduction referred to in paragraph 1 of this Article, the administering authority in respect of the company shall impose an effective, proportionate and dissuasive financial penalty. Payment of the excess emissions penalty shall not release the company from its obligation under paragraph 1 of this Article. In the case of companies that have failed to comply with the emission limits laid down under this Article, the provisions of Article 23(3) apply.

3. The Commission shall adopt delegated acts by... [6 months after the entry into force of this Regulation] in accordance with Article 26 in order to supplement this Regulation by:

(i) defining the average performance per ship category referred to in paragraph 1;

(ii) determining the baseline and the annual linear reduction factor to be applied for each ship category by using the data from the THETIS-MRV, including the mandatory parameter ‘cargo carried’, and the IMO DCS, when available, while fully recognising the emission reductions already undertaken by the ‘decarbonising first movers’ companies, so as to achieve the target referred to in paragraph 1;

(iii) specifying the rules and means for calculating and collecting the excess emissions penalty referred to in paragraph 2; (iv) specifying any other rule and methods necessary for the monitoring, compliance and verification of compliance of this Article, for all ships falling under the scope of this Regulation.

Amendment 104

Proposal for a regulation

Article 5 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) bulk carriers;

Amendment 105

Proposal for a regulation

Article 5 – paragraph 2 – point b b (new)

Text proposed by the Commission

Amendment

(bb) oil tankers

Amendment 106

Proposal for a regulation

Article 5 – paragraph 2 – point b c (new)

Text proposed by the Commission

Amendment

(bc) all remaining ships as defined in Article 2, by [1 January 2035].

Amendment 107

Proposal for a regulation

Article 5 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) that are unable to connect to on-shore power supply because the shore installation at the port is not compatible with the on-board on-shore power equipment;

deleted

Amendment 108

Proposal for a regulation

Article 5 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. 3a. Ship operators shall inform beforehand the ports they call at about their intentions to connect to on-shore power and indicate the amount of power they require during the given call and about the power equipment on board.

Amendment 109

Proposal for a regulation

Article 5 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. By 1 January 2025, the Commission shall adopt an implementing act laying down the content, format and deadlines for ship operators to provide information as requested in paragraph 3a to the authorities of the port of call.

Amendment 110

Proposal for a regulation

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or criteria for their use, where these new technologies are found equivalent to the technologies listed in that Annex in the light of scientific and technical progress.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or modify the criteria for their use, where these new technologies or use criteria are found equivalent or better to the technologies listed in that Annex in the light of scientific and technical progress.

Amendment 111

Proposal for a regulation

Article 5 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. The port of call shall ensure sufficient shore-side electricity supply for ships is provided and that the shore installation allows for the use of most commonly used on-board on-shore power equipment , in line with the requirements set out in [AFIR COM/2021/559 final].

Amendment 112

Proposal for a regulation

Article 5 – paragraph 6

Text proposed by the Commission

Amendment

6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, points (d) and (e).

6. From 1 January 2035, the exception listed in paragraph 3, point (d), may not be applied to a given ship, in total, more than five times during one reporting year. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, point (d).

Amendment 113

Proposal for a regulation

Article 5 a (new)

Text proposed by the Commission

Amendment

Article 5a

Additional requirement for the energy used for voyages through the Arctic

1. A ship which navigates through the Arctic shall employ for its energy needs distillates or sustainable renewable fuels, unless it is fully powered by zero-emission technologies as defined in Annex III.

2. Paragraph 1 is without prejudice to more ambitious requirements that may result from the application of Articles 4, 4a,and 5.

3. The Commission shall adopt delegated acts by... [6 months after the entry into force of this Regulation] in accordance with Article 26 in order to supplement this Regulation specifying rules and methods necessary for the monitoring, compliance and verification of compliance of this Article.

Amendment 114

Proposal for a regulation

Article 5 b (new)

Text proposed by the Commission

Amendment

Article 5b

Open loop exhaust gas cleaning systems

1. The discharge of waste from open loop exhaust gas cleaning systems (“scrubbers”) into open waters on journeys that fall under the scope of this Regulation shall be prohibited as of 1January 2027.

2. By 1 January 2024, the Commission shall adopt a delegated act laying down the detailed requirements to comply with this obligation.

Amendment 115

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Monitoring and reporting shall be consistent and comparable over time. To that end, companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. Companies shall enable reasonable assurance of the integrity of the data to be monitored and reported.

3. Monitoring and reporting shall be consistent and comparable over time. To that end, companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. Companies shall ensure the integrity of the data to be monitored and reported.

Amendment 116

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. In undertaking the monitoring and reporting activities set out in Articles 7 to 9 and 14 of this Regulation, information and data collected for the purpose of Regulation (EU) 2015/757 shall be used where appropriate.

5. In undertaking the monitoring and reporting activities set out in Articles 7, 8 and 14 of this Regulation, information and data collected for the purpose of Regulation (EU) 2015/757 shall be used where appropriate.

Amendment 117

Proposal for a regulation

Article 7 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) a description that the ship has installed and certified equipment to allow connection to onshore power supply, at a specified voltage and frequency, including the gear specified in IEC/IEEE 80005-1 (High Voltage) and IEC/IEEE 80005-3 (Low Voltage) or is equipped with substitute sources of energy or a zero-emission technology as specified in Annex III;

(d) a description that the ship has installed and certified equipment to allow connection to onshore power supply, at a specified voltage and frequency, including the gear specified in IEC/IEEE 80005-1 (High Voltage) and IEC/IEEE 80005-3 (Low Voltage) or is equipped with substitute sources of energy or a zero-emission technology as specified in Annex III together with a description of their main technical specifications, including their capacity expressed in megajoules (MJ) when relevant;

Amendment 118

Proposal for a regulation

Article 7 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4 and 5;

(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4, 5, including the sources of energy intended to power the zero-emission technology specified in Annex III, such as main intended energy source to charge the on board-electricity storage and to power the fuel cells, and in Article 5a;

Amendment 119

Proposal for a regulation

Article 7 – paragraph 3 – point k

Text proposed by the Commission

Amendment

(k) a description of the method to be used to determine surrogate data for closing data gaps;

(k) a description of the measures taken to prevent data gaps and fraud and of the method to be used to determine surrogate data for closing unavoidable data gaps as well as methods to identify data errors;

Amendment 120

Proposal for a regulation

Article 7 – paragraph 3 – point l a (new)

Text proposed by the Commission

Amendment

(la) information on the ice class of the ship, if the additional energy due to the ship's ice class is to be left out from the scope of the energy used on-board;

Amendment 121

Proposal for a regulation

Article 7 – paragraph 3 – point l b (new)

Text proposed by the Commission

Amendment

(lb) a list of the personnel which is entitled to enter data in the monitoring plan and a documentation of their training.

Amendment 122

Proposal for a regulation

Article 7 – paragraph 3 – point l c (new)

Text proposed by the Commission

Amendment

(lc) a description of the procedure for monitoring the distance travelled for the whole voyage and when sailing in ice conditions, the date and time when sailing in ice conditions, the fuel consumption and the energy provided by substitute sources of energy or a zero emission technology as specified in Annex III when sailing in ice conditions, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board.

Amendment 123

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Companies shall use standardised monitoring plans based on templates. The Commission shall, by means of implementing acts, determine those templates, including the technical rules for their uniform application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

4. Companies shall use standardised monitoring plans based on templates. The Commission shall adopt delegated acts in accordance with Article 26 supplementing this Regulation by establishing standardised monitoring plans based on templates, including the technical rules for their uniform application and use.

Amendment 124

Proposal for a regulation

Article 8 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Companies shall modify the monitoring plan in any of the following situations:

2. Companies shall modify the monitoring plan without undue delay in any of the following situations:

Amendment 125

Proposal for a regulation

Article 8 – paragraph 2 – point e a (new)

Text proposed by the Commission

Amendment

(ea) where methods to prevent data gaps and identify data errors have been found inadequate for ensuring data solidity and transparency.

Amendment 126

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. Modifications of the monitoring plan referred to in paragraph 2, points (b), (c) and (d) of this Article shall be subject to assessment by the verifier. Following the assessment, the verifier shall notify the company concerned whether those modifications are in conformity with Article 6.

4. Modifications of the monitoring plan referred to in paragraph 2, points (b), (c), (d) and (ea) of this Article shall be subject to assessment by the verifier. Following the assessment, the verifier shall notify the company concerned whether those modifications are in conformity with Article 6.

Amendment 127

Proposal for a regulation

Article 8 a (new)

Text proposed by the Commission

Amendment

Article 8a

FuelEU Maritime Bunker Certificate

1. Maritime 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.

2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU Maritime Bunker Certificate referred to in paragraph 1 of this Article.

Amendment 128

Proposal for a regulation

Article 9 – title

Text proposed by the Commission

Amendment

Certification of biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon fuels

Certification of biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin and other fuels

Amendment 129

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Where biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels, as defined in Directive (EU) 2018/2001, are to be taken into account for the purposes referred to in Articles 4(1) of this Regulation, the following rules apply:

1. Where biofuels, biogas, renewable fuels of non-biological origin and other fuels, as defined in Directive (EU) 2018/2001, are to be taken into account for the purposes referred to in Article 4 of this Regulation, the following rules apply:

Amendment 130

Proposal for a regulation

Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(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 Article 27(3) of Directive (EU) 2018/2001 shall be determined according to the methodologies set out in that Directive;

(b) greenhouse gas emissions factors of renewable fuels of non-biological origin and other fuels that comply with the greenhouse gas emission savings thresholds set out in Directive (EU) 2018/2001 and any relevant delegated acts on additionality and GHG methodology shall be determined according to the methodologies set out in that Directive;

Amendment 131

Proposal for a regulation

Article 9 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;

(c) biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops including intermediate crops as well as palm fatty acid distillates, shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;

Amendment 132

Proposal for a regulation

Article 9 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) renewable fuels of non-biological origin and recycled carbon fuels that do not comply with point (b) shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels.

(d) renewable fuels of non-biological origin that do not comply with point (b) and any other fuel that does not comply with the sustainability and greenhouse gas saving criteria set out in Directive (EU) 2018/2001shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels.

Amendment 133

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Companies shall provide accurate and reliable data on the GHG emission intensity and the sustainability characteristics of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel, verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001.

2. Companies shall provide accurate, complete and reliable data on the GHG emission intensity and the sustainability characteristics of biofuels, biogas, renewable fuels of non-biological origin and other fuels verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001.

Amendment 134

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of laboratory testing or direct emissions measurements. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements.

3. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of direct emissions measurements in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing the rules on conducting the direct emissions measurements. For actual values related to RFNBOs, the values should be developed in accordance with Annex V of the Directive (EU) 2018/2001 and forthcoming delegated acts on additionality and GHG methodology for RFNBOs.

Amendment 135

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall revise its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond the beginning of the reporting period.

1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall revise without undue delay its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond one month before the beginning of the reporting period.

Amendment 136

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Where the verification assessment identifies incorrect statements or non-conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then amend the incorrect statements or non-conformities so as to enable the verification process to be completed in time.

3. Where the verification assessment identifies incorrect statements or non-conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then amend without undue delay the incorrect statements or non-conformities so as to enable the verification process to be completed in time.

Amendment 137

Proposal for a regulation

Article 11 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) the use of on-shore power supply or the presence of exceptions certified in accordance with Article 5(5).

(d) the use of on-shore power supply or the presence of exceptions listed in Article 5(3) as certified in accordance with Article 5(5).

Amendment 138

Proposal for a regulation

Article 11 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(da) the reported energy sources used in order to comply with the provisions defined in Article 5a;

Amendment 139

Proposal for a regulation

Article 11 – paragraph 2 – point d b (new)

Text proposed by the Commission

Amendment

(db) the relevant records of the ship are complete, transparent and consistent.

Amendment 140

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant deviations are found, the verifier shall carry out further analyses.

1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where deviations are found, the verifier shall carry out further analyses.

Amendment 141

Proposal for a regulation

Article 12 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The verifier shall provide, for each of the ships under its surveillance, an individual quality management program of measures to be taken to prevent data gaps and errors.

Amendment 142

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008.

1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008. The national accreditation body shall notify without undue delay to the Commission the list of accredited verifiers together with the information allowing their identification and record them in the database.

Amendment 143

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.

3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and to ensure the verifiers’ independence and impartiality. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.

Amendment 144

Proposal for a regulation

Article 14 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) for each ship that the requirement of Article 5(1) applies, the connection to and use of on-shore power or the existence of any of the exceptions listed in Article 5(3);

(b) for each ship that the requirement of Article 5(1) applies, the connection to and use of on-shore power or the existence of any of the exceptions listed in Article 5(3) as certified in accordance with Article 5(5);

Amendment 145

Proposal for a regulation

Article 14 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the amount of each type of fuel consumed at berth and at sea;

(c) the amount of each type of fuel consumed at berth, in port and at sea;

Amendment 146

Proposal for a regulation

Article 14 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) the amount of each type of substitute source of energy consumed at berth and at sea.

(e) the amount of each type of substitute source of energy consumed at berth and at sea, including the amount of each source of energy powering the zero-emission technologies, such as wind, solar energy, source of electricity stored on batteries, type of fuels powering the fuel cells and batteries.

Amendment 147

Proposal for a regulation

Article 14 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

(ea) where applicable, the date, time and geographic location of entering/leaving the Arctic and the amount of each type of fuel consumed at berth and at sea;

Amendment 148

Proposal for a regulation

Article 14 – paragraph 1 – point e b (new)

Text proposed by the Commission

Amendment

(eb) the ship's ice class, if the additional energy due to ship's ice class is to be left out from the scope of the energy used on-board;

Amendment 149

Proposal for a regulation

Article 14 – paragraph 1 – point e c (new)

Text proposed by the Commission

Amendment

(ec) the date and time when sailing in ice conditions, the amount of each type of fuel consumed when sailing in ice conditions, the amount of each type of substitute source of energy consumed when sailing in ice conditions, the distance travelled when sailing in ice conditions, the distance travelled during the voyage, the amount of each type of fuel consumed at sea, the amount of each type of substitute source of energy consumed at sea, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board;

Amendment 150

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. Companies shall record the information and data listed in paragraph 1 on annual basis in a transparent manner, that enables the verification of compliance with this Regulation by the verifier.

2. Companies shall record the information and data listed in paragraph 1 to the compliance database in Article 16 in a timely and transparent manner and compile them on annual basis to enable the verification of compliance with this Regulation by the verifier.

Amendment 151

Proposal for a regulation

Article 15 – paragraph 2 – point a a (new)

Text proposed by the Commission

Amendment

(aa) calculate, when applicable, the percentage of RFNBOs over the yearly average energy used on-board by the ship concerned;

Amendment 152

Proposal for a regulation

Article 15 – paragraph 2 – point c a (new)

Text proposed by the Commission

Amendment

(ca) assess, when relevant, the compliance with the requirements set out in Article 5a new;

Amendment 153

Proposal for a regulation

Article 15 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) calculate the amount of the penalties referred to in Article 20(1) and (2).

deleted

Justification

Moved to become a task for Competent Authorities.

Amendment 154

Proposal for a regulation

Article 15 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(da) separately aggregate on an annual basis the information monitored and recorded in accordance with Article 14(1), point (c), (d), (e) and (ea) for each ship and provide it to companies for their submission to the database in accordance with Article 16(3);

Amendment 155

Proposal for a regulation

Article 15 – paragraph 2 – point d b (new)

Text proposed by the Commission

Amendment

(db) compile the aforementioned information and submit it to the Member State’s competent authority.

Amendment 156

Proposal for a regulation

Article 15 – paragraph 2 – point d c (new)

Text proposed by the Commission

Amendment

(dc) assess quality and coherence of monitoring plan, data input and adherence to the quality management system.

Amendment 157

Proposal for a regulation

Article 15 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. On the basis of the information provided by the verifier, the Member State’s competent authority shall calculate the amount of the penalties referred to in Article 20(1) and (2).

Amendment 158

Proposal for a regulation

Article 16 – title

Text proposed by the Commission

Amendment

Compliance database and reporting

Compliance database, reporting and publication of information

Amendment 159

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall develop, ensure functioning and update an electronic compliance database for the monitoring of compliance with Articles 4 and 5. The compliance database shall be used to keep a record of the compliance balance of the ships and the use of the flexibility mechanisms set out in Articles 17 and 18. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.

1. The Commission shall develop, ensure functioning and update a centrally managed electronic compliance database, to be integrated with the THETIS-MRV system established under Regulation (EU) 2015/757, for the monitoring of compliance with Articles 4, 4a, 4c, 5, 5a and storage and publication of information submitted by companies under paragraph 3 of this Article. The compliance database shall be used to keep a record of the compliance balance of the ships, the use of the exemptions set out in Article 5(3), the use of the flexibility mechanisms set out in Articles 17 and 18, penalties incurred under Article 20, sanctions notified under Article 23, the list of competent authorities referred to in Article 25 and the information submitted under paragraph 3 of this Article. The database shall be accessible to the companies, the verifiers, the competent authorities, the Commission and general public in a transparent and user-friendly manner. The information included in the database shall be made available in an open data format without anonymization or aggregation.

Amendment 160

Proposal for a regulation

Article 16 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall, by means of implementing acts, lay down the rules for access rights and the functional and technical specifications of the compliance database. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

2. The Commission shall, by means of implementing acts, lay down the rules for accessibility and the functional and technical specifications of the compliance database. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

Amendment 161

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained by the verifier, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.

3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained and calculated by the verifier, the use of the flexibility mechanisms set out in Articles 17 and 18, the yearly exceptions applied under Article 5(3), if any, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.

Amendment 162

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. Where the ship has a compliance surplus for the reporting period, the company may bank it to the same ship’s compliance balance for the following reporting period. The company shall record the banking of the compliance surplus to the following reporting period in the compliance database subject to approval by its verifier. The company may no longer bank the compliance surplus once the FuelEU certificate of compliance has been issued.

1. Where the ship has a compliance surplus for the reporting period, the company may bank it to the same ship’s compliance balance for the following reporting period. The company shall record the banking of the compliance surplus to the following reporting period in the compliance database subject to approval by its verifier. The company may no longer bank the compliance surplus once the FuelEU certificate of compliance has been issued. The unused compliance surplus for the following reporting period shall have a validity of three years.

Amendment 163

Proposal for a regulation

Article 17 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Companies shall be allowed to bank compliance surplus from ships fully propelled with renewable energy such as wind or solar as long as these ships are not used for leisure purposes only.

Amendment 164

Proposal for a regulation

Article 17 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) by a ship that is in its last year of operation;

Amendment 165

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. The compliance balances of two or more ships, which are verified by the same verifier, may be pooled for the purposes of fulfilling the requirements of Article 4. A ship’s compliance balance may not be included in more than one pool in the same reporting period.

1. The compliance balances of two or more ships, which are verified by the same verifier, may be pooled for the purposes of fulfilling the requirements of Article 4 until 31 December 2039. A ship’s compliance balance may not be included in more than one pool in the same reporting period.

Amendment 166

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a penalty. The verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V.

1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, such deficit shall be added to the ships compliance balance for the following reporting period and the company shall pay a penalty. The administering authority of the shipping company shall calculate the amount of the penalty on the basis of the formula specified in Annex V.

Amendment 167

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The company shall pay a penalty for each non-compliant port call. The verifier shall calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on-board and by the number of completed hours spent at berth.

2. The company shall pay a penalty for each non-compliant port call. The administering authority of the shipping company shall calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on-board and by the number of rounded-up hours spent at berth.

Where a ship does not comply with the RFNBO mandate set out in Article 4a, the respective difference to the quota in percentage points is multiplied by 2 and added to the limit in Article 4(2) as a malus, unless the non-compliance with the quota is due to the lack of fuel supply.

Amendment 168

Proposal for a regulation

Article 20 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. By 1 January 2025, the Commission shall adopt a delegated act in accordance with Article 26 to specify the modalities for the penalty in subparagraph 2, the criteria of application and rules for enforcement.

Amendment 169

Proposal for a regulation

Article 20 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. The company shall pay a dissuasive penalty for each non-compliant Arctic voyage. By 1 January 2025, the Commission shall adopt a delegated act in accordance with Article 26 to lay down the formula for the calculation of the amount of the penalty for non-compliant Arctic voyages.

Amendment 170

Proposal for a regulation

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. Notwithstanding Article 19(1), the verifier shall issue a FuelEU certificate of compliance once the penalties referred to in paragraphs 1 and 2 of this Article have been paid. The actions referred to in this Article as well as the proof of the financial payments in accordance with Article 21 shall be recorded in the FuelEU certificate of compliance.

3. Notwithstanding Article 19(1), the verifier shall issue a FuelEU certificate of compliance once the penalties referred to in paragraphs 1 and 2 of this Article have been paid. The verifier shall issue a FuelEU certificate of compliance through the payment of penalties to a company for a maximum of two consecutive years. For the second consecutive year of non-compliance the penalty calculated on the basis of the formula specified in Annex V and the compliance deficit of the ship in the following period shall be doubled. In the following reporting periods the verifier shall not issue a FuelEU certificate of compliance. The actions referred to in this Article as well as the proof of the financial payments in accordance with Article 21 shall be recorded in the FuelEU certificate of compliance.

Amendment 171

Proposal for a regulation

Article 20 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The company shall have an entitlement against the commercial operator of the ship for reimbursement of the costs and responsibilities incurred by the company as regulated entity under this Regulation.

Amendment 172

Proposal for a regulation

Article 20 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into account the developments in the cost of energy.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into account the developments in the cost of energy and ensuring the dissuasive effect of penalties. In particular, the Commission shall ensure that the penalties remain at least twice as high as the difference between the price of the fuel used by the ship and the amount and price of the most cost efficient renewable fuel.

Amendment 173

Proposal for a regulation

Article 20 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The marine fuel supplier shall pay a penalty for failing to provide the necessary fuels at Union ports as set out it Article 4b.

By 1 January 2025, the Commission shall adopt a delegated act in accordance with Article 26 to lay down the formula for the calculation of the amount of the penalty and for the criteria of application and rules for enforcement.

Amendment 174

Proposal for a regulation

Article 20 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4b. The port of call shall pay a penalty for failing to provide sufficient supply of shore-side electricity through shore installation that allows for the use of most commonly used on-board on-shore power equipment.

By 1 January 2025, the Commission shall adopt a delegated act in accordance with Article 26 to lay down the formula for the calculation of the amount of the penalty and for the criteria of application and rules for enforcement.

Amendment 175

Proposal for a regulation

Article 21 – title

Text proposed by the Commission

Amendment

Allocation of penalties to support renewable and low-carbon fuels in the maritime sector

Allocation of penalties to support renewable fuels in the maritime sector

Amendment 176

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.

1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to improve the energy efficiency of ships and support investment in innovative technologies and infrastructure to decarbonise the maritime transport sector, including in short sea shipping and ports, and the deployment of sustainable alternative fuels, such as hydrogen and ammonia, that are produced from renewables, and of zero-emission propulsion technologies, including wind technologies. 20% of the yearly collected penalties shall be used to contribute to the protection, restoration and better management of marine ecosystems impacted by global warming, such as marine protected areas and to promote a crosscutting sustainable blue economy such as renewable marine energy. All projects supported by the penalties collected shall be made public and shall be consistent with the aims of this Regulation.

Amendment 177

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.

2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the Ocean Fund referred to in [Article X] of Directive 2003/87/EC and be used in accordance with paragraph 1. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.

Amendment 178

Proposal for a regulation

Article 21 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement this Regulation concerning the modalities for the payment of the penalties referred to in Article 20(1) and 20(2).

3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement this Regulation concerning the modalities for the payment of the penalties referred to in Article 20(1) and 20(2) and the modalities for making the information on the supported projects available to the public.

Amendment 179

Proposal for a regulation

Article 22 a (new)

Text proposed by the Commission

Amendment

Article 22a

Environmental performance labelling of ships

1. So as to incentivise emissions reductions and increase the transparency of information, the Commission shall set up a holistic Union labelling system for the environmental performance of ships which shall apply to the ships covered by this Regulation.

2. By 1 July 2023, the Commission shall adopt delegated acts in accordance with Article 26 to supplement this Regulation by setting out the detailed provisions of the functioning of the Union labelling system for the environmental performance of ships as well as the technical standards which constitute its basis.

Amendment 180

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall lay down the rules on sanctions applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [dd/mm/20xx], and shall notify to the Commission without delay any subsequent amendments.

1. Member States shall lay down the rules on sanctions applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [6 months after entry into force of this Regulation] and shall notify to the Commission without delay any subsequent amendments. By [entry into force of this Regulation], the Commission shall report to the European Parliament and the Council the overview of the national measures laid down by Member States and report any subsequent amendments regularly.

Amendment 181

Proposal for a regulation

Article 23 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall be provided by the Commission technical support, where appropriate, in complying with the obligations arising from this Regulation.

Amendment 182

Proposal for a regulation

Article 23 – paragraph 3

Text proposed by the Commission

Amendment

3. Where a ship has failed to present a valid FuelEU certificate of compliance for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance, the competent authority of the Member State of the port of call may, after giving the opportunity to the company concerned to submit its observations, issue an expulsion order. The competent authority of the Member State shall notify the expulsion order to the Commission, the other Member States and the flag State concerned. Every Member State, with the exception of any Member State whose flag the ship is flying, shall refuse entry of the ship which is subject to the expulsion order into any of its ports until the company fulfils its obligations. Where the ship flies the flag of a Member State, the Member State concerned shall, after giving the opportunity to the company concerned to submit its observations, order a flag detention until the company fulfils its obligations.

3. Where a ship has failed to present a valid FuelEU certificate of compliance for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance, the competent authority of the Member State of the port of call shall, after giving the opportunity to the company concerned to submit its observations, issue an expulsion order. The competent authority of the Member State shall notify the expulsion order to the Commission, the other Member States and the flag State concerned. Every Member State, with the exception of any Member State whose flag the ship is flying, shall refuse entry of the ship which is subject to the expulsion order into any of its ports until the company fulfils its obligations. Where the ship flies the flag of a Member State, the Member State concerned shall, after giving the opportunity to the company concerned to submit its observations, order a flag detention until the company fulfils its obligations.

Amendment 183

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). They shall communicate their names and contact information to the Commission. The Commission shall publish on its website the list of competent authorities.

Member States shall designate one or more independent competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). They shall communicate their names and contact information to the Commission. The Commission shall publish on its website, and on the database, the list of competent authorities.

Amendment 184

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 4(6), 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].

2. The power to adopt delegated acts referred to in Articles 4(3), 4(4), 5(4), 8(b) new, 9(3), 13(3), 20(4), 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

Amendment 185

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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.

3. The delegation of power referred to in Articles 4(3), 4(4), 5(4), 8(b) new, 9(3), 13(3), 20(4), 21(3) 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 186

Proposal for a regulation

Article 26 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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.

6. A delegated act adopted pursuant to Articles 4(4), 4(5), 5(4), 5.a(2), 13(3), 20(2b), 20(4), 21(3), 21.b(2) 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 187

Proposal for a regulation

Article 28 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union. The Commission shall consider possible amendments to:

1. The Commission shall report to the European Parliament and the Council, by 1 January 2027 and every three years thereafter, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable fuels and zero-emission technologies in maritime transport and its impact on the maritime sector in the Union, including its competitiveness and potential carbon leakage. The evaluation shall also assess the environmental integrity of this Regulation in relation to the commitments laid down in the Paris Agreement and in Regulation (EU) 2021/1119. The Commission shall consider in particular possible amendments to:

Amendment 188

Proposal for a regulation

Article 28 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the limit referred to in Article 4(2);

(a) the limits and goals referred to in Article 4 and 4a;

Amendment 189

Proposal for a regulation

Article 28 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the ship types to which Article 5(1) applies;

(b) the extension of the ship types to which Article 5(1) applies;

Amendment 190

Proposal for a regulation

Article 28 – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(ba) the gross tonnage threshold referred to in Article 2(1);

Amendment 191

Proposal for a regulation

Article 28 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) the pooling of compliance referred to in Article 18(1);

Amendment 192

Proposal for a regulation

Article 28 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

(cb) the inclusion of Used Cooking Oil and animal fats of category III as least favourable pathway into Article 9(1) point c).

Amendment 193

Proposal for a regulation

Article 28 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. In the event of the adoption by the International Maritime Organization of a global fuel standard and before that or corresponding measures take effect, the Commission shall submit a report to the European Parliament and to the Council in which it shall examine the ambition and overall environmental integrity of the measures decided upon by IMO, including their general ambition in relation to targets under the Paris Agreement, to the Union economy-wide GHG emissions reduction target for 2030 and to the climate-neutrality objective as defined in Regulation (EU) .../... [European Climate Law].

Where appropriate, the Commission may accompany the report referred to in paragraph 1a with a legislative proposal to the European Parliament and to the Council to amend this Regulation in a manner that is consistent with the aim of preserving the environmental integrity and effectiveness of Union climate action, in particular the Union economy-wide GHG emissions reduction target for 2030 and the climate-neutrality objective as defined in Regulation (EU) .../... [European Climate Law]."

Amendment 194

Proposal for a regulation

Article 28 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. By 1 January 2024, the Commission shall produce a report on the social impacts as well as the employment and training needs up to 2030 and 2050 in relation to this regulation.

Amendment 195

Proposal for a regulationANNEX I – Equation 2 METHODOLOGY FOR ESTABLISHING THE GREENHOUSE GAS INTENSITY LIMIT ON THE ENERGY USED ON-BOARD BY A SHIP

Text proposed by the Commission

Term

Explanation

i

Index corresponding to the fuels delivered to the ship in the reference period

j

Index corresponding to the fuel combustion units on board the ship. For the purpose of this Regulation the units considered are the main engine(s), auxiliary engine(s) and fired oil boilers

k

Index corresponding to the connection points (c) where electricity is supplied per connection point.

c

Index corresponding to the number of electrical charging points

m

Index corresponding to the number of energy consumers

Mass of the specific fuel i oxidised in consumer j [gFuel]

Electricity delivered to the ship per connection point k if more than one [MJ]

WtT GHG emission factor of fuel i [gCO2eq/MJ]

WtT GHG emission factor associated to the electricity delivered to the ship at berth per connection point k [gCO2eq/MJ]

Lower Calorific Value of fuel i [MJ/gFuel]

Engine fuel slippage (non-combusted fuel) coefficient as a percentage of the mass of the fuel i used by combustion unit j [%]

TtW GHG emission factors by combusted fuel in combustion unit j [gGHG/gFuel]

TtW CO2 equivalent emissions of combusted fuel i in combustion unit j [gCO2eq/gFuel]

TtW GHG emissions factors by slipped fuel towards combustion unit j [gGHG/gFuel]

TtW CO2 equivalent emissions of slipped fuel i towards combustion unit j [gCO2eq/gFuel]

CO2, CH4 , N2O Global Warming Potential over 100 years

Amendment

Term

Explanation

i

Index corresponding to the fuels delivered to the ship in the reference period

j

Index corresponding to the fuel combustion units on board the ship. For the purpose of this Regulation the units considered are the main engine(s), auxiliary engine(s) and fired oil boilers

K

Index corresponding to the connection points (c) where electricity is supplied per connection point.

c

Index corresponding to the number of electrical charging points

m

Index corresponding to the number of energy consumers

Mass of the specific fuel i oxidised in consumer j [gFuel]

Electricity delivered to the ship per connection point k if more than one [MJ] + Electricity delivered to the ship per wind energy [MJ] + Electricity delivered to the ship per solar energy [MJ]

WtT GHG emission factor of fuel i [gCO2eq/MJ]

WtT GHG emission factor associated to the electricity delivered to the ship at berth per connection point k [gCO2eq/MJ]

Lower Calorific Value of fuel i [MJ/gFuel]

Engine fuel slippage (non-combusted fuel) coefficient as a percentage of the mass of the fuel i used by combustion unit j [%]

TtW GHG emission factors by combusted fuel in combustion unit j [gGHG/gFuel]

TtW CO2 equivalent emissions of combusted fuel i in combustion unit j [gCO2eq/gFuel]

TtW GHG emissions factors by slipped fuel towards combustion unit j [gGHG/gFuel]

TtW CO2 equivalent emissions of slipped fuel i towards combustion unit j [gCO2eq/gFuel]

CO2 Global Warming Potential over 100 years

CH4 , N2O Global Warming Potential over 20 years

Amendment 196

Proposal for a regulation

Annex I – paragraph 5

Text proposed by the Commission

Amendment

The [Mi] mass of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company.

The mass of fuel [Mi] shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [MiA] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex X.

Amendment 197

Proposal for a regulation

ANNEX III

Text proposed by the Commission

The following table provides a list of zero-emission technologies as referred to in Article 5(3)(b), as well as, specific criteria for their use as applicable.

Zero-emission technology

Criteria for use

Fuel cells

Fuel cells used on board for power generation while at berth should be fully powered by renewable and low carbon fuels.

On-board Electricity Storage

The use of on-board electricity storage is allowed irrespective on the source of energy that produced the stored power (on-board generation or on-shore in case of battery swapping).

On-board Electricity production from wind and solar energy

Any ship that is capable to sustain energy needs at berth through the use of wind and solar energy.

The use of these zero-emission technologies shall continuously achieve emissions that are equivalent to the emissions reductions that would be achieved by using on-shore power supply.

Amendment

The following table provides a list of zero-emission technologies as referred to in Article 5(3)(b), as well as, specific criteria for their use as applicable.

Zero-emission technology

Criteria for use

Fuel cells

Fuel cells used on board for power generation should be fully powered by renewable energy sources.

On-board Electricity Storage

The use of on-board electricity storage is allowed irrespective on the source of energy that produced the stored power (on-board generation or on-shore in case of battery swapping).

On-board Electricity production from wind and solar energy

Any ship that is capable to sustain energy needs at berth through the use of wind and solar energy.

The use of these zero-emission technologies shall continuously achieve the same Greenhouse Gas and air pollutant emissions reductions as would be achieved by using on-shore power supply.

Amendment 198

Proposal for a regulation

ANNEX V

Text proposed by the Commission

Formula for calculating the ship’s compliance balance

For the purpose of calculating the compliance balance of a ship the following formula shall apply:

Compliance balance [gCO2eq/MJ] =

(GHGIEtarget - GHGIEactual) x []

Where:

Grams of CO2 equivalent

GHGIEtarget

Greenhouse gas intensity limit of the energy used on-board a ship according to Article 4(2) of this Regulation

GHGIEactual

Yearly average of the greenhouse gas intensity of the energy used on-board a ship calculated for the relevant reporting period

Formula for calculating the penalty laid down in Article 20(1)

The amount of the penalty laid down in Article 20(1) shall be calculated as follows:

Penalty =

(Compliance balance / GHGIEactual) x conversion factor from MJ to tonnes of VLSFO (41.0 MJ / kg) x EUR 2400

Amendment

Formula for calculating the ship’s compliance balance

For the purpose of calculating the compliance balance of a ship the following formula shall apply:

Compliance balance [gCO2eq] =

(GHGIEtarget - GHGIEactual) x []

Where:

Grams of CO2 equivalent

GHGIEtarget

Greenhouse gas intensity limit of the energy used on-board a ship according to Article 4(2) of this Regulation

GHGIEactual

Yearly average of the greenhouse gas intensity of the energy used on-board a ship calculated for the relevant reporting period

Formula for calculating the penalty laid down in Article 20(1)

The amount of the penalty laid down in Article 20(1) shall be calculated as follows:

Penalty =

( Penalty = (- compliance balance) / GHGIEactual / (*1000*4500€/t

Where:

= 41.0MJ/kg

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

The use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC

References

COM(2021)0562 – C9-0333/2021 – 2021/0210(COD)

Committee responsible

Date announced in plenary

TRAN

13.9.2021

Opinion by

Date announced in plenary

ENVI

13.9.2021

Associated committees - date announced in plenary

11.11.2021

Rapporteur for the opinion

Date appointed

Tiemo Wölken

17.9.2021

Discussed in committee

14.2.2022

Date adopted

28.4.2022

Result of final vote

+:

–:

0:

48

24

14

Members present for the final vote

Mathilde Androuët, Nikos Androulakis, Bartosz Arłukowicz, Margrete Auken, Simona Baldassarre, Marek Paweł Balt, Traian Băsescu, Aurélia Beigneux, Monika Beňová, Hildegard Bentele, Sergio Berlato, Alexander Bernhuber, Simona Bonafè, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Esther de Lange, Christian Doleschal, Marco Dreosto, Bas Eickhout, Cyrus Engerer, Cornelia Ernst, Eleonora Evi, Agnès Evren, Pietro Fiocchi, Raffaele Fitto, Malte Gallée, Catherine Griset, Jytte Guteland, Teuvo Hakkarainen, Anja Hazekamp, Martin Hojsík, Pär Holmgren, Jan Huitema, Adam Jarubas, Petros Kokkalis, Athanasios Konstantinou, Ewa Kopacz, Joanna Kopcińska, Peter Liese, Sylvia Limmer, Javi López, César Luena, Marian-Jean Marinescu, Fulvio Martusciello, Liudas Mažylis, Joëlle Mélin, Tilly Metz, Dolors Montserrat, Alessandra Moretti, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Jutta Paulus, Stanislav Polčák, Jessica Polfjärd, Nicola Procaccini, Luisa Regimenti, Frédérique Ries, María Soraya Rodríguez Ramos, Sándor Rónai, Rob Rooken, Silvia Sardone, Christine Schneider, Günther Sidl, Linea Søgaard-Lidell, Maria Spyraki, Nicolae Ştefănuță, Nils Torvalds, Edina Tóth, Véronique Trillet-Lenoir, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Anna Zalewska

Substitutes present for the final vote

Catherine Chabaud, Nicolás González Casares, Michèle Rivasi, Idoia Villanueva Ruiz, Nikolaj Villumsen

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

48

+

NI

Athanasios Konstantinou, Edina Tóth

PPE

Stanislav Polčák, Maria Spyraki

Renew

Pascal Canfin, Catherine Chabaud, Martin Hojsík, Jan Huitema, Frédérique Ries, María Soraya Rodríguez Ramos, Nicolae Ştefănuță, Linea Søgaard-Lidell, Nils Torvalds, Véronique Trillet-Lenoir, Emma Wiesner, Michal Wiezik

S&D

Marek Paweł Balt, Monika Beňová, Simona Bonafè, Delara Burkhardt, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Cyrus Engerer, Nicolás González Casares, Jytte Guteland, Javi López, César Luena, Alessandra Moretti, Sándor Rónai, Günther Sidl, Petar Vitanov, Tiemo Wölken

The Left

Cornelia Ernst, Anja Hazekamp, Petros Kokkalis, Idoia Villanueva Ruiz, Nikolaj Villumsen, Mick Wallace

Verts/ALE

Margrete Auken, Eleonora Evi, Malte Gallée, Pär Holmgren, Tilly Metz, Ville Niinistö, Grace O'Sullivan, Jutta Paulus, Michèle Rivasi

24

-

ECR

Sergio Berlato, Pietro Fiocchi, Raffaele Fitto, Dace Melbārde, Nicola Procaccini, Rob Rooken, Alexandr Vondra, Anna Zalewska

ID

Mathilde Androuët, Simona Baldassarre, Aurélia Beigneux, Marco Dreosto, Catherine Griset, Teuvo Hakkarainen, Sylvia Limmer, Joëlle Mélin, Silvia Sardone

PPE

Traian Băsescu, Hildegard Bentele, Alexander Bernhuber, Christian Doleschal, Adam Jarubas, Marian-Jean Marinescu, Christine Schneider

14

0

NI

Ivan Vilibor Sinčić

PPE

Bartosz Arłukowicz, Nathalie Colin-Oesterlé, Agnès Evren, Ewa Kopacz, Esther de Lange, Peter Liese, Fulvio Martusciello, Liudas Mažylis, Dolors Montserrat, Ljudmila Novak, Jessica Polfjärd, Luisa Regimenti, Pernille Weiss

Key:

+ : in favour

- : against

0 : abstentions

28.6.2022

OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY

for the Committee on Transport and Tourism

on the proposal for a regulation of the European Parliament and of the Council The use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC

(COM(2021)0562 – C90333/2021 – 2021/0210(COD))

Rapporteur for opinion: Rasmus Andresen

SHORT JUSTIFICATION

The latest IPCC report is unequivocal in its finding: human influence has warmed the atmosphere, ocean and land and this human-induced climate change is already affecting many weather and climate extremes also across Europe. In order to prevent further global heating above 1.5 C˚ compared to pre-industrial levels, rapid and ambitious international and European climate action across all economic sectors is now imperative.

The overall ambition of the EU’s climate-neutrality target for 2050, the 2030 GHG emissions reduction target and the proposals under the Fit for 55 package are just a timid start: in order to limit global warming to 1.5 C˚ and to fulfil our obligations under the Paris Climate, the EU needs to achieve a zero emission, highly energy-efficient and fully renewables-based economy by 2040 at the latest. Studies have shown that such a system is not only technologically possible, but also economically and socially beneficial for the EU.

With shipping traffic accounting for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions, stimulating the swift ecological transition of the maritime sector is of particular importance. In fact, unless further action is taken emissions from maritime transport at European level are expected to further increase by 86 % compared with 1990 levels by 2050, while the uptake of energy efficiency measures and renewable energy sources are expected to remain limited.

The Commission’s FuelEU Maritime proposal start with good intentions, but lacks ambition in a range of respects that the rapporteur seeks to address in order to provide a stronger impetus for the just ecological transition of the entire maritime value chain and workforce.

The European maritime industry will play a leading role in the transition of the global maritime transport sector. The rapporteur’s ambition is to support and encourage the industry’s efforts towards the energy transition and to ensure a sustainable competitiveness on the global market. By means of a clear legislative European framework and stronger efforts to foster European innovation in the maritime sector our industry will be strengthened.

Promoting operational and energy efficiency measures

Reducing the energy needs and improving energy efficiency is the precondition to achieve climate neutrality at the lowest possible cost. Unfortunately, to date, no EU legislation spurs effectively energy efficiency measures in the maritime sector. This, in turn, constitutes a major risk to the sector’s ability to achieve zero-emissions any time soon.

For this reason, the rapporteur follows the guidelines on the application of the energy efficiency first principle and takes an integrated approach introducing a target to stimulate a quick uptake of operational and energy efficiency measures by shipping companies, so that minimal energy would be required for various maritime activities in the first place. He mirrors and complements what was already voted by the European Parliament on the MRV regulation (COM(2019)0038), the negotiations on which are currently being kept on a stall by the Council. The rapporteur considers that such target is particularly well fit within this Regulation, which is dealing expressly with the decarbonisation of the sector.

An emission reduction target per transport work is in fact likely to stimulate ship-owners and operators to implement available operational and energy efficiency measures which they believe are better suited to their needs, such as slow steaming, speed and planning optimisation, wind propulsion, anti-fouling coatings, electrification from renewable sources and energy storage, but also digitalisation and logistics optimisation.

The rapporteur furthermore suggests to more accurately and proportionally reward, and hence incentivise, more energy efficient energy sources or propulsion technologies for energy uses on board and at berth to comply with the provisions in this Regulation.

Strengthening the GHG emission reduction targets

Beyond operational and energy efficiency measures, a GHG intensity target tightening over time is needed to stimulate the switch from fossil fuels to sustainable renewable alternatives. However, the levels initially proposed by the Commissions fall not only short of reaching zero emissions, and in doing so contravening the sector’s obligation under the Paris Agreement, but also to ensure that only renewable sources are promoted for achieving the target.

For the rapporteur it is essential to provide a strong regulatory signal to stimulate green innovation and encourage first movers. Therefore, he suggests a GHG emissions reduction pathway compatible with a highly energy-efficient and fully renewables-based EU’s economy by 2040, employing the best available research. The Lappeenranta-Lahti University of Technology (LUT, Finland) is currently finalizing such modelling also providing, for the first time, a specific zero emission pathway by 2040 for the shipping sector. This overall target has also been identified by globally acting companies and prominent economic stakeholders as both feasible, as well as desirable, constituting crucial regulatory support to the industry’s transition.

In the context of stepping up the ambition and of ensuring that everyone play its fair role, the rapporteur proposes to extend the scope of the regulation to cover a wide range of ship categories above 400 gross tonnage. The initially proposed threshold leaves 45% of ships unregulated and calculations on the basis of the data from Marine Benchmark suggest that 15% rather than the assumed 10% of emissions would remain unregulated. In practical terms that would mean continuously emitting a total of up to 25.8 Mt - comparable to the total CO2 emissions of Denmark in 2020- with no clear pathway for incentivizing emission reductions in the future. In light of the fact that zero-emission technologies are already available for smaller ships (especially green hydrogen fuel cells and electric batteries), it is crucial to encourage their further uptake, and hence the market development of such technologies so that they would also become more readily available for bigger ships.

Boosting the uptake of sustainable renewable energy sources

It should be the ambition of the ITRE report to lay out a clear pathway on how to encourage only those energy sources and fuel alternatives that are truly sustainable, renewable and scalable.

This requires a holistic approach that accounts accurately for the methane emissions of for example LNG, considering methane’s significant short-term global warming potential. LNG, as a fossil fuel that emits large amounts of methane all along its lifecycle, and its use as a marine fuel being more damaging for the climate than the fossil diesel it replaces, should not be the beneficiary of any policy support, as was also recently recommended by the World Bank. The World bank’s analysis also finds that aggregate investment implications of a two-stage conversion (oil to LNG, followed by LNG to zero-carbon) might amount to additional investment costs of up to $186 billion, relative to a single-stage conversion from the current oil-derived bunker fuels directly to zero-carbon bunker fuels.

In order to ensure sustainable business models, such a holistic approach also entails a full lifecycle assessment of different technologies, including biofuels. This comprises considering the limited availability of advanced biofuels, the demand for those in other hard-to-abate sectors like aviation, and the overall planetary boundaries, in the limits of which an overreliance on crop-based biofuels would result in higher food prices and significant GHG emissions from expanding cropland globally.

The rapporteur therefore proposes to concentrate policy support instruments on those renewable alternatives that are truly sustainable and scalable. He also proposes a mandated minimum share of renewable fuels of non-biological origin (RFNBOs), as well as a multiplier that particularly rewards investments in RFNBOs when it comes to calculating the compliance with the greenhouse gas intensity targets. Those measures, combined with limiting the pooling mechanism to zero-emission fuels and zero emission technologies, will further strengthen the economic case for investments in this respect and will therefore make them more cost competitive and boost their uptake.

Ensuring European leadership and competitiveness

As the committee on industry, the rapporteur is of the strong belief that the ITRE position must stimulate even further the European leadership in green technologies in the sector and hence its competitiveness in the global sector of shipping.

The ambition of this report is also to be understood as a strong mandate to the EU and its Member States to advocate for and support complimentary solutions of equal or higher ambition at the IMO level. Being a regulatory first-mover is not only a way to ensure that the EU is able to proactively influence global standards, but also an opportunity to preserve European technological leadership and create and keep well-paid jobs along the entire maritime value chain in Europe.

Nonetheless, the rapporteur acknowledges that the transition will constitute significant challenges to European industries and therefore strongly supports the proposal to channel penalty payments through a dedicated Ocean fund back into the transition of the industry. In order to ensure the optimal use of these resources, the rapporteur proposes to specify further within this regulation the earmarking and intended purpose of these funds, to channel them to wherever they are most needed. This includes rapid improvement of energy and operational efficiency of ships, the deployment of zero-emission propulsion technologies powered by renewable energy sources, and the uptake of renewable fuels, as well as retraining and upskilling. Furthermore, 20% of the yearly collected penalties shall be used to contribute to the protection, restoration and better management of marine ecosystems. This approach is in direct alignment with the standing EP position on the MRV regulation (COM(2019)0038).

Strengthening transparency, data collection and publication

In order to ensure the successful and impactful enforcement, the rapporteur proposes to strengthen the involvement of public authorities and the transparency towards the public. A more pronounced role for public authorities and thus public oversight will be achieved through giving the responsibility to assign and collect penalty payments to the administering authority. By furthermore better collecting and publishing the data in a public, open and transparent database, the ability of the public, including the European Parliament, researchers and civil society, to scrutinise the compliance is further enhanced.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on Transport and Tourism, as the committee responsible, to take into account the following amendments:

Amendment 1

Proposal for a regulation

Title 1

Text proposed by the Commission

Amendment

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

on the use of renewable and low-carbon fuels and energy sources in maritime transport and amending Directive 2009/16/EC

(Text with EEA relevance)

Amendment 2

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2 emissions from transport and 3-4% of total EU CO2 emissions. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable. The stability and prosperity of the maritime transport market and its economic actors rely on a clear and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, and a loss of connectivity for citizens and businesses

(1) Maritime transport accounts for around 75% of EU external trade and 31% of EU internal trade in terms of volume. At the same time, ship traffic to or from ports in the European Economic Area accounts for some 11% of all EU CO2emissions from transport and 3-4% of total EU CO2 emissions. CO2 emissions from maritime transport both at global and European level are expected to increase by 86 % compared with 1990levels by 2050 unless further action is taken. 400 million passengers embark or disembark annually in ports of Member States, including around 14 million on cruise ships. Maritime transport is therefore an essential component of Europe’s transport system and plays a critical role for the European economy, and its environmental and climate impact needs to be tackled swiftly. The maritime transport market is subject to strong competition between economic actors in the Union and beyond for which a level playing field is indispensable also taking into account specific national circumstances deriving from external factors, such as climate, weather or geographical morphology. The stability and prosperity of the maritime transport market and its economic actors rely on a clear, predictable and harmonised policy framework where maritime transport operators, ports and other actors in the sector can operate on the basis of equal opportunities. Where market distortions occur, they risk putting ship operators or ports at a disadvantage compared to competitors within the maritime transport sector or in other transport sectors. In turn, this can result in a loss of competitiveness of the maritime transport industry, fewer jobs and a loss of connectivity for citizens and businesses. It is therefore essential for the Union to sets an ambitious pathway for the swift ecological transition of the maritime sector in order to maintain and further promote its global leadership and competitive advantage in the green technologies, services and solutions in the sector and to further spur job creation and transformation in the related value chains.

Amendment 3

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a) The maritime sector employs 2 million Europeans and contributes 149 billion EUR to the economy. For every million EUR generated in the shipping industry, 1,8 million EUR is generated elsewhere in the Union economy. Maritime transport is also a key asset to connect islands and peripheral areas of the continent.

Amendment 4

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. Accordingly, various complementary policy instruments are needed to motivate the use of sustainably produced renewable and low-carbon fuels, included in the maritime transport sector. The necessary technology development and deployment has to happen by 2030 to prepare for much more rapid change thereafter.

(2) To enhance the Union’s climate commitment under the Paris Agreement and set out the steps to be taken to achieve climate neutrality by 2050, and to translate the political commitment into a legal obligation, the Commission adopted the (amended) proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)19 as well as the Communication ‘Stepping up Europe’s 2030 climate ambition’20 . This also integrates the target of reducing greenhouse gas (GHG) emissions by at least 55% compared to 1990 levels by 2030. To ensure that the maritime sector achieves a zero-emission target by 2050, various complementary policy instruments are needed to first improve the energy and operational efficiency of the sector and to promote the swift uptake and production of sustainable renewable energy. The necessary changes, technology development and deployment has to happen as soon as possible to ensure the Union is on track to reach its 2030 climate and energy target as well as climate neutrality by 2050 at the latest.

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19 COM(2020) 563 final

20 COM(2020) 562 final

Amendment 5

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2a) Currently, the fuel mix in the maritime sector relies entirely on fossil fuels. By weight, almost 40% of maritime trade itself consists of fossil fuels. The almost exclusive reliance on fossil fuels and the slow implementation of energy efficiency and emission reduction measures in the sector constitutes a major risk to the climate and the sector’s ability to achieve zero-emissions any time soon. Importantly the combination of CO2 and methane leakage/slippage over the whole fuel life-cycle, from production to combustion (well-to-wake), can provide for very damaging climate effects.

Amendment 6

Proposal for a regulation

Recital 2 b (new)

Text proposed by the Commission

Amendment

(2b) Methane is a powerful greenhouse gas, over 80 times more potent than CO2over a 20-year period, making it the second most important greenhouse gas, as well as a precursor pollutant to ground-level ozone (O3) contributing to about a quarter of the global warming experienced today. Pathways modelled by the1,5°C Special Report of the Intergovernmental Panel on Climate Change (IPCC),the IPCC Sixth Assessment Report and the 2021 Global Methane Assessment of the UN Environment Programme (UNEP) that limit global warming to 1,5°C with no or limited overshoot involve deep reductions in methane emissions. As more transparency about the short-term global warming implications of methane emissions would help to better inform Union climate policies, the Commission in its reporting should also analyse the potential implication of using a 20-year time horizon for global warming potential, as a complement to the 100-year time frame currently used in accordance with the UNFCCC guidelines on greenhouse gas inventories.

Amendment 7

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(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 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.

(3) In the context of fuel transition to renewable 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, usually between 35% and 53% of shipping freight rates. 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, which could also contribute to a risk of loss of competitiveness of Union ports vis-à-vis non-Union ports. This may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a Member State is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of Member States. This Regulation should lay down measures to ensure that the penetration of renewable and low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the EU maritime transport market.

Amendment 8

Proposal for a regulation

Recital 3 a (new)

Text proposed by the Commission

Amendment

(3a) The maritime sector is characterized by fierce international competition, and major differences in regulatory frameworks across flag states have exacerbated unwanted practices such as the reflagging of vessels. The sector's intrinsic global character underlines the importance of a favourable regulatory environment, which is a precondition for attracting new investments and safeguarding the competitiveness of European ports, ship owners and operators.

Amendment 9

Proposal for a regulation

Recital 3 b (new)

Text proposed by the Commission

Amendment

(3b) Other legislative proposals, whic are part of the"Fit for 55" package,adopted as part of the European Green Deal, affect the maritime sector, including provisions in the Alternative Fuels Infrastructure Regulation, the revised Renewable Energy Directive, the inclusion the maritime sector in the EU ETS system and the revision of the Energy Taxation Directive. It is relevant to ensure coherence across these files for setting an ambitious, stable and predictable legislative framework for the ecological transition of the shipping ecosystem, in particular for the necessary exponential development, production and uptake of sustainable renewable technologies and alternative maritime fuels as well as for the deployment of corresponding infrastructure. It is important to attract and develop the industrial value chain for such sustainable renewable technologies and alternative maritime fuels inside the Union, to create industrial, labour and research opportunities in all the Member States and to ensure the Union’s global leadership and competitive advantage. In this regard the creation of an EU research centre for sustainable renewable technologies and alternative maritime fuels could help coordinate the stakeholders, researchers and civil society and the co-financing of projects.

Amendment 10

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) To ensure a level playing field for ships built to operate in ice-covered waters on their way to, from or between Member State ports, specific information relating to a ship's ice class, and to its navigation through ice, should be considered when calculating GHG emission reductions on a vessel basis, as well as in the data monitored and reported on the basis of the Regulation (EU) 2015/7571a.

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1a 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 11

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention. This definition is based on the definition of ‘company’ in Article 3, point (d) of Regulation (EU) 2015/757 of the European Parliament and of the Council21 , and in line with the global data collection system established in 2016 by the International Maritime Organization (IMO). In line with the polluter pays principle, the shipping company could, by means of a contractual arrangement, hold the entity that is directly responsible for the decisions 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.

(6) The person or organisation responsible for the compliance with this Regulation should be the shipping company, defined as the shipowner or any other organisation or person, such as the manager, the time charterer or the bareboat charterer, that has assumed the responsibility for the commercial operation of the ship from the shipowner and that, is responsible for paying for the fuel consumed by the ship and, 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 12

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8) The development and deployment of new fuels and energy solutions requires a coordinated approach to match supply, demand and the provision of appropriate distribution infrastructure. While the current European regulatory framework already partly addresses fuel production with Directive (EU) 2018/2001 of the European Parliament and of the Council22 and distribution with Directive 2014/94/EU of the European Parliament and of the Council23 , there is also a need for a tool that establishes increasing levels of demand of renewable and low-carbon maritime fuels.

(8) The development and deployment of new fuels and energy solutions requires a coordinated approach to match supply, demand and the provision of appropriate distribution infrastructure. Appropriate incentives and economies of scale on the supply side should facilitate further developments of these new fuels. While the current European regulatory framework already partly addresses fuel production with Directive (EU) 2018/2001 of the European Parliament and of the Council22 and distribution with Directive 2014/94/EU of the European Parliament and of the Council23 , there is also a need for a tool that establishes increasing levels of demand of renewable and low-carbon maritime fuels and other renewable energy source.

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22 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2001, p. 82).

23 Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).

Amendment 13

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9) While instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or electricity, is therefore necessary.

(9) While instruments such as carbon pricing or targets on the carbon intensity of activity can promote some improvements in energy and operational efficiency, they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. A specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy, such as wind or electricity, is therefore necessary.

Amendment 14

Proposal for a regulation

Recital 9 a (new)

Text proposed by the Commission

Amendment

(9a) In accordance with the Commission recommendation of 28 September 2021entitled ‘on Energy Efficiency First: from principles to practice. Guidelines and examples for its implementation in decision-making in the energy sector and beyond’, there is a need to make sure that minimal energy is required for various maritime activities, in addition to promoting fuel switch to sustainable renewable. In its first report on the functioning of this Regulation, the Commission should assess and quantify the operational and energy efficiency achieved in maritime sector as triggered by relevant Fit 55 proposals and in case of insufficient action, it should consider possible amendments to this Regulation to include dedicated provisions to encourage shipowners and operators to implement available operational and energy efficiency measures, according to their needs, such as slow steaming, speed and planning optimisation, windpropulsion, anti-fouling coatings, electrification from renewable sources and energy storage, but also digitalisation and logistics optimisation. Rewarding, hence incentivising the use of more energy efficient energy sources or propulsion technologies for energy used at sea and at berth to comply with the provisions in this Regulation is as important as correctly operationalising the energy efficiency first guidelines.

Amendment 15

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10) Policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology.

(10) Whereas zero-emission technologies may not be available in the very short-term, policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the energy efficiency first principles. Accordingly, limits should be set on the greenhouse gas intensity of the energy used on-board by ships, which should also ensure proper recognition of the energy efficiency and sustainability of any particular fuel or technology. Moreover, dedicated incentives are appropriate to stimulate the upscale and uptake of renewable fuels of nonbiological origin which are set to play a key role in decarbonisation of those shipping applications where a more energy efficient and sustainable renewable-based alternative, such as direct renewable-based electrification, is not available.

Amendment 16

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11) Development and deployment of renewable and low carbon fuels with a high potential for sustainability, commercial maturity and a high potential for innovation and growth to meet future needs should be promoted. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable maritime fuels in the short and long term to contribute to Union transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to decarbonise martime transport already in the short term.

(11) Development and deployment of the most sustainable renewable and low carbon fuels with a high energy efficiency potential as well as the potential for innovation and growth to meet the needs of the hardest to abate maritime applications should be promoted with priority. This will support creating innovative and competitive fuels markets and ensure sufficient supply of sustainable renewable and low carbon fuels maritime fuels and renewable propulsion technologies in the short and long term to contribute to Union climate, energy and transport decarbonisation ambitions, while strengthening Union’s efforts towards a high level of environmental protection. For this purpose, sustainable maritime fuels produced from feedstock listed in Parts A and B of Annex IX of Directive (EU) 2018/2001, as well as synthetic maritime fuels should be eligible. In particular, sustainable maritime fuels produced from feedstock listed in Part B of Annex IX of Directive (EU) 2018/2001 are essential, as currently the most commercially mature technology to begin the decarbonisation of martime transport already in the short term.

Amendment 17

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop-based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway.

(13) However, this approach must be stricter in the maritime sector. The maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels, bioliquids and biomass fuels, since over 99% of currently used marine fuels are of fossil origin. Therefore, the non-eligibility of food and feed crop-based fuels under this Regulation also minimises any risk to slow down the decarbonisation of the transport sector, which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. It is essential to minimise such a shift, as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. It is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels, bioliquids and biomass fuels by promoting their use under this Regulation. Accordingly, the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require these fuels to be considered to have the same emission factors as the least favourable fossil pathway.

Amendment 18

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14) The long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. A clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships until 2050. Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels.

(14) The long lead times associated to the development and deployment of new renewable fuels and energy solutions for maritime transport, as well as the long average lifespan of ships ranging between 25 and 30 years, require rapid action and the establishment of a clear and predictable long-term regulatory framework, discussed with stakeholders and civil society, facilitating planning and investment from all the stakeholders concerned. The accelerating climate crisis increases the importance of measures taken in the sector today. A clear, ambitious and stable long-term regulatory framework will facilitate the development and deployment of alternative fuels and renewable energy solutions for maritime transport, and encourage investment from stakeholders. Such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships until reaching zero emission by 2050.Those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels.

Amendment 19

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. The use of substitute sources of energy, such as wind or electricity, should also be reflected in the methodology.

(15) This Regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. This formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. The use of substitute sources of energy at sea and at berth, such as wind, solar or electricity, should also be reflected in the methodology.

Amendment 20

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. The performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this Regulation.

(17) The well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. The performance of fossil fuels both liquid and gaseous should however only be assessed through the use of default emission factors, which should be regularly updated based on the most recent technological and scientific development, as provided for by this Regulation. Using actual and certified emission factors covering the slippage emissions portion of the tank-to-wake emissions for fossil fuels could be allowed in the future provided that the corresponding certification and verification mechanism is put in place by the Commission via means of a delegated act.

Amendment 21

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18) A comprehensive approach on all the most relevant GHG emissions (CO2, CH4 and N2O) is necessary to promote the use of energy sources providing a lower GHG footprint overall. In order to reflect the global warming potential of methane and nitrous oxides, the limit set by this Regulation should therefore be expressed in terms of ‘CO2 equivalent’.

(18) A comprehensive approach on all the most relevant GHG emissions (CO2, BC, CH4 and N2O) is necessary to promote the use of energy sources providing a lower GHG footprint overall. In order to reflect the global warming potential of methane, black carbon and nitrous oxides, the limit set by this Regulation should therefore be expressed in terms of ‘CO2 equivalent’. The Commission should calculate the reference value no later than December 2022 and should correspond to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 determined on the basis of data monitored and reported in the framework of Regulation (EU) 2015/757 and by using the methodology and default values laid down in Annexes I and II to this Regulation.

Amendment 22

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19) The use of renewable energy sources and alternative propulsion, such as wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy use. The difficulty to accurately measure and quantify these energy sources (intermittence of the energy use, direct transfer as propulsion, etc.) should not impede their recognition in the overall ship energy use through means of approximations of their contribution to the ship’s energy balance.

(19) The use of renewable energy sources and alternative propulsion, including but not limited to, wind and solar energy, greatly reduces the greenhouse gas intensity of the overall ship energy. Solutions to accurately measure and quantify these energy sources such as on board sensors and software for assessing route conditions are becoming increasingly available. Therefore, the contribution of renewable energy sources and alternative propulsion to the overall ship’s energy balance should be recorded and accounted as accurately as possible through the best means of measuring available to date, or when measuring is proven not technically possible, through the best available approximations. The IMO provides some guidance on the treatment of innovative energy efficiency technology1a, including for estimating energy from wind assist propulsion and other assessment methods are being developed.

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1a 2021 GUIDANCE ON TREATMENT OF INNOVATIVE ENERGY EFFICIENCY TECHNOLOGIES FOR CALCULATION AND VERIFICATION OF THE ATTAINED EEDI AND EEXI (MEPC.1/Circ.896)

Amendment 23

Proposal for a regulation

Recital 20

Text proposed by the Commission

Amendment

(20) Air pollution produced by ships (sulphur oxides, nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities. Therefore, specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their engines during their stay in port. According to the data collected within the framework of Regulation (EU) 2015/757 in 2018, passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. Accordingly, emissions from these categories of ships should be addressed as a priority.

(20) According to estimates, Air pollution produced by ships (sulphur oxides, nitrogen oxides and particulate matter) is responsible for over 50 000 deaths annually in the Union and it is a significant concern for coastal areas and port cities. Therefore, specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their engines during their stay in ports. According to the data collected within the framework of Regulation (EU)2015/757 in 2018, passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth . Accordingly, emissions from these categories of ships should be addressed as a priority, followed by addressing emissions for all remaining ships in order improve air quality in coastal areas as soon as possible.

Amendment 24

Proposal for a regulation

Recital 20 a (new)

Text proposed by the Commission

Amendment

(20a) Since black carbon is the second largest contributor to climate warming caused by ships, measures to reduce its use could contribute to tackle both air pollution and climate change. Setting stringent GHG intensity, incentivising operational and energy efficiency and accounting BC in the GHG intensity target could help reduce both CO2 and BC emissions. The Commission in its reporting should assess whether further measures may be needed to tackle the release of BC close or in the Arctic.

Amendment 25

Proposal for a regulation

Recital 21

Text proposed by the Commission

Amendment

(21) The use of on-shore power supply (OPS) abates air pollution produced by ships as well as reduces the amount of GHG emissions generated by maritime transport. OPS represents an increasingly clean power supply available to ships at berth, in view of the growing renewables share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules should be established to mandate the use of OPS by the most polluting ships.

(21) The use of on-shore power supply (OPS) abates air pollution produced by ships at berth as well as reduces the amount of GHG emissions generated by maritime transport at berth. OPS represents an increasingly useful power supply available to ships at berth, which will be as clean as the proportion of the renewable energy share in the EU electricity mix. While only the provision on OPS connection points is covered by Directive 2014/94/EU (Alternative Fuels Infrastructure Directive – AFID), the demand for and, as a result, the deployment of this technology has remained limited. Therefore specific rules and incentives should be established to mandate the use of OPS by all ships covered by this Regulation.

Amendment 26

Proposal for a regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

(21a) Coordination between ports, ship operators and all relevant stakeholders is crucial to ensure the optimal use of on-shore power supply (OPS). In particular, ship operators should provide the port of call with adequate and timely information about their intention to use OPS and their estimated power needs, in particular when those needs exceed the estimated needs for this ship category also to ensure a predictable use of the electricity grid. Member States should work closely with the relevant stakeholders to ensure that the necessary investments are carried out and sufficient grid capacity and stability are secured. The obligation for ports to provide on-shore power supply should be complemented by a corresponding obligation for ships to connect to such charging infrastructure while at berth, in order to ensure effectiveness and avoid stranded assets.

In order to avoid incompatibility between shore power installations on-board and in ports, the Commission should provide the necessary support to ensure that vessels and ports apply all existing and future standardisation requirements, notably with regards to electrical frequency conversion where required.

Amendment 27

Proposal for a regulation

Recital 22

Text proposed by the Commission

Amendment

(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports. When the use of an alternative technology is demonstrated to be equivalent to the use of OPS, a ship should be exempted from its use of OPS.

(22) In addition to OPS, other technologies might be capable of offering equivalent environmental benefits in ports, such as renewable installation on board, batteries and batteries swaps. When the use of an alternative technology is demonstrated to be equivalent, in terms of air pollution and GHG emission reduction, to the use of OPS, a ship should be exempted from its use of OPS.

Amendment 28

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call and limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations.

(23) Exceptions to the use of OPS should also be provided for a number of objective reasons, certified by the managing body of the port of call, the terminal operator and/or the competent authority, depending on the governance model for ports in the different Member States. These exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea, for short stays of ships at berth of less than two hours as this is the minimum time required for connection, and for the use of on-board energy generation under emergency situations.

Amendment 29

Proposal for a regulation

Recital 24

Text proposed by the Commission

Amendment

(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. As of 2035, ship operators should plan carefully their port calls to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability or incompatibility of OPS shoud be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.

(24) Exceptions in case of unavailability or incompatibility of OPS should be limited after ship and port operators have had sufficient time to make the necessary investments, in order to provide the necessary incentives for those investments and avoid unfair competition. As of 2035, ship operators should plan carefully their port calls to make sure that they can carry out their activities without emitting air pollutants and GHG at berth and compromise the environment in coastal areas and port cities. A limited number of exceptions in case of unavailability of OPS shoud be maintained until 2040 in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment. In order to further incentivise the use of OPS, Member States should implement the provisions under Article 14 of the Directive (EU) .../... [ Energy Taxation Directive] which provides for total or partial exemptions to electricity directly supplied to vessels berthed in ports or vessels’ mobile batteries recharged at berth.

Amendment 30

Proposal for a regulation

Recital 25

Text proposed by the Commission

Amendment

(25) A robust monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non-discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and maritime authorities.

(25) A robust and transparent monitoring, reporting and verification system should be put in place by this Regulation in order to trace compliance with its provisions. Such system should apply in a non-discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. In order to facilitate achieving the objective of this Regulation, any data already reported for the purpose of Regulation (EU) 2015/757 should be used, when necessary, for verifying compliance with this Regulation in order to limit administrative burden imposed on companies, verifiers and maritime and administrative authorities.

Amendment 31

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board or presence of wind assisting technologies, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier.

(26) Companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth, as well as other relevant information, such as information on the type of engine on board, technical specification of wind assisting technologies or any alternative source of energy present on board, including the accounting of the energy they provide, with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this Regulation. To facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers, similarly to Regulation (EU) 2015/757, companies should document the envisaged monitoring method and provide further details on the application of the rules of this Regulation in a monitoring plan. The monitoring plan, as well as its subsequent modifications, if applicable, should be submitted to the verifier. Information regarding ice navigation and other relevant information on ice-classed vessels must be reported in order to apply the specific method laid out in the annexes .

Amendment 32

Proposal for a regulation

Recital 26 a (new)

Text proposed by the Commission

Amendment

(26a) The use of distributed ledger technologies should be encouraged in order to render monitoring and reporting processes set out in accordance with this Regulation more secure, accurate and better traceable for verification.

Amendment 33

Proposal for a regulation

Recital 29

Text proposed by the Commission

Amendment

(29) Based on the data and information monitored and reported by companies, the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit, including any compliance surplus or deficit, as well as the respect of the requirements to use on-shore power supply at berth. The verifier should notify this information to the company concerned. Where the verifier is the same entity as the verifier for the purpose of Regulation (EU) 2015/757, such notification could be done together with the verification report under that Regulation. Such information should be then reported by the company concerned to the Commission.

(29) Based on the data and information monitored and reported by companies, the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit, including any compliance surplus or deficit, as well as the respect of the requirements to use on-shore power supply at berth the quota for renewable fuels of non-biological origin. The verifier should also separately aggregate on an annual basis each type of fuel or energy consumed at berth and at sea, including for each substitute source of energy consumed such as electricity, wind or solar energy. The verifier should notify this information to the company concerned. Where the verifier is the same entity as the verifier for the purpose of Regulation (EU) 2015/757, such notification could be done together with the verification report under that Regulation. Such information should be then reported by the company concerned to the Commission.

Amendment 34

Proposal for a regulation

Recital 30

Text proposed by the Commission

Amendment

(30) The Commission should establish and ensure the functioning of an electronic database that registers the performance of each ship and ensures its compliance with this Regulation. In order to facilitate reporting and limit administrative burden to companies, verifiers and other users, this electronic database should build upon the existing THETIS-MRV module and take into account the possibility to reuse information and data collected for the purpose of Regulation (EU) 2015/757.

(30) The Commission should establish and ensure the functioning of a centrally managed electronic database for registering the performance of each ship, as well as for collecting data on the energy uses, penalties, flexibilities and exemptions and any other relevant information. and ensures its compliance with this Regulation. In order to facilitate reporting and limit administrative burden to companies, verifiers and other users, this electronic database should build upon the existing THETIS-MRV module and take into account the possibility to reuse information and data collected for the purpose of Regulation (EU)2015/757. To enhance transparency while reducing the administrative burden for shipowners and operators, verifiers should aggregate at individual ship level the compliance data reported by shipowners and operators. The data entered in the database should be comparable and be made publicly available in an open format in order to allow the general public and, in particular, the civil society and the scientific community to track the ecological transition of the maritime sector.

Amendment 35

Proposal for a regulation

Recital 31

Text proposed by the Commission

Amendment

(31) Compliance with this Regulation would depend on elements that could be beyond control of the company, such as issues related to fuel availability or fuel quality. Therefore, companies should be allowed the flexibility of rolling-over a compliance surplus from one year to another or borrowing an advance compliance surplus, within certain limits, from the following year. The use of OPS at berth, being of high importance for local air quality in port cities and coastal areas should not be eligible for similar flexibility provisions.

(31) Compliance with this Regulation would depend on elements that could be beyond control of the company, such as issues related to fuel availability or fuel quality. Therefore, companies should be allowed the flexibility of rolling-over a compliance surplus from one year to another or borrowing an advance compliance surplus generated by renewable energy, within certain limits, from the following year. The use of OPS and any other zero-emission technology at berth, being of high importance for local air quality in port cities and coastal areas should not be eligible for similar flexibility provisions.

Amendment 36

Proposal for a regulation

Recital 32

Text proposed by the Commission

Amendment

(32) In order to avoid technology lock-in and continue supporting the deployment of most performant solutions, companies should be allowed to pool the performances of different ships and use the possible over-performance of one ship to compensate for the under-performance of another ship. This creates a possibility to reward overcompliance and incentivates investment in more advanced technologies. The possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies.

(32) In order to avoid technology lock-in and continue supporting the deployment of most energy efficient and sustainable solutions, companies should be allowed to pool the performances of different ships and use the possible over-performance of one ship to compensate for the under-performance of another ship. This creates a possibility to reward overcompliance and incentivates investment in more advanced technologies. The possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies.

Amendment 37

Proposal for a regulation

Recital 33

Text proposed by the Commission

Amendment

(33) A document of compliance (‘FuelEU certificate of compliance’) issued by a verifier following the procedures established by this Regulation, should be kept on board ships as evidence of compliance with the limits on the greenhouse gas intensity of the energy used on-board by a ship a with the requirements on the use of OPS at berth. Verifiers should inform the Commission of the issuance of such documents.

(33) A document of compliance (‘FuelEU certificate of compliance’) issued by a verifier following the procedures established by this Regulation, should be kept on board ships as evidence of compliance with the limits on the greenhouse gas intensity of the energy used on-board by a ship, with the requirement for renewable fuels of non-biological origin, with the requirements on the use of OPS at berth. Verifiers should inform the Commission of the issuance of such documents.

Amendment 38

Proposal for a regulation

Recital 35

Text proposed by the Commission

Amendment

(35) Without prejudice to the possibility of complying through the flexibility and pooling provisions, the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. The penalty should be proportionate to the extent of the non-compliance and remove any economic advantage of non-compliance, thus preserving a level playing field in the sector. It should be based on the amount and cost of renewable and low-carbon fuel that the ships should have used to meet the requirements of the Regulation.

(35) Without prejudice to the possibility of complying through the flexibility and pooling provisions, the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. The penalty should be proportionate to the extent of the non-compliance and remove any economic advantage of non-compliance, thus preserving a level playing field in the sector. It should be larger than the amount and cost of renewable and low-carbon fuel that the ships should have used to meet the requirements of the Regulation.

Amendment 39

Proposal for a regulation

Recital 36

Text proposed by the Commission

Amendment

(36) The penalty imposed for each non-compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the EU average electricity price for non-household consumers multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.

(36) The penalty imposed for each non-compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. The penalty should be based on the power installed on board the vessel, expressed in megawatts, multiplied by a fixed penalty in EUR per hour of stay at berth. Due to lack of accurate figures on the cost of providing OPS in the Union, this rate should be based on the most updated EU average electricity price for non-household consumers multiplied by a factor of two to account for other charges related to the provision of the service, including among others connection costs and investment recovery elements.

Amendment 40

Proposal for a regulation

Recital 37

Text proposed by the Commission

Amendment

(37) The revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels in the maritime sector and help maritime operators to meet their climate and environmental goals. For this purpose these revenues should be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC.

(37) The revenues generated from the payment of penalties should be entirely reinvested in the maritime sector and used to promote its ecological just transition of by means of the rapid improvement of energy and operational efficiency of ships,including in short sea shipping and ports, the deployment of zero-emission propulsion technologies and the uptake of sustainable use of renewable energy, including wind, as well as facilitate the construction of the relative bunkering facilities, electric connection points in ports, and in doing so helping maritime operators to meet their climate and environmental goals. In parallel, revenues should also be used to support the redeployment, training, re- and up-skilling for workers along the entire value chain of the maritime sector, including shipyards, in order to equip them with environmentally friendly skills and technologies needed for the transition Trainings for maritime navigators and captains, in particular, should also focus on the benefits and efficiency gains of slow steaming, route optimisation and cargo logistics as well as raising awareness of marine ecosystems and of the problem of marine litter.. For this purpose these revenues should be allocated to the Ocean Fund referred to in Article [XX] of Directive 2003/87/EC and earmarked for projects in the maritime sector in line with the objectives set out in this Regulation. Indeed 20% of the yearly collected revenues of the Ocean fund should be used to contribute to the protection, restoration and better management of marine ecosystems impacted by global warming, such as marine protected areas, and to promote a crosscutting sustainable blue economy, such as renewable marine energy.

Amendment 41

Proposal for a regulation

Recital 39

Text proposed by the Commission

Amendment

(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.

(39) Given the importance of consequences that the measures taken by the verifiers under this Regulation may have for the companies concerned, in particular regarding the determination of non-compliant port calls, the compilation of information for the calculation of the amounts of penalties and refusal to issue a FuelEU certificate of compliance, those companies should be entitled to apply for a review of such measures to the competent authority in the Member State where the verifier was accredited. In the light of the fundamental right to an effective remedy, enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, decisions taken by the competent authorities and the managing bodies of the port under this Regulation should be subject to judicial review, carried out in accordance with the national law of the Member State concerned.

Amendment 42

Proposal for a regulation

Recital 40

Text proposed by the Commission

Amendment

(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of the list of well-to-wake emission factors, amendment of the list of the applicable zero-emission technologies or criteria for their use, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor, and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(40) In order to maintain a level playing field through the efficient functioning of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendment of defining or updating standards for measuring and accounting substitute sources of energy, of the list of well-to-wake emission factors, calculation of CO2-equivalent emissions, including for BC, amendment of the list of the applicable zero-emission at berth technologies or criteria for their use or the measuring of their contribution to the ships’ energy balance, to define the monitoring plans template, to establish the rules on conducting the laboratory testing and direct emissions measurements, adaptation of the penalty factor, accreditation of verifiers, adaptation of the penalty factor and formulas, and modalities for the payment of penalties. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 43

Proposal for a regulation

Recital 40 a (new)

Text proposed by the Commission

Amendment

(40a) Climate-neutral technologies in the maritime sector area quickly evolving area of research and development. By ... [two years after the entry into force of this Regulation], the Commission should prepare a report analyzing the developments, both in research and innovation and on the market, of zero-emission at berth technologies and zero-emission fuel technologies.

Amendment 44

Proposal for a regulation

Recital 41

Text proposed by the Commission

Amendment

(41) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council27 . When establishing by means of implementing acts the templates for standardised monitoring plans, including the technical rules for their uniform application, the Commission should take into account the possibility of reusing information and data collected for the purpose of Regulation (EU) 2015/757.

(41) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council27 .

__________________

27 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 45

Proposal for a regulation

Recital 42

Text proposed by the Commission

Amendment

(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships is preferable as it could be regarded as more effective due to its broader scope. In this context, and with a view to facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and relevant submissions should be made to the IMO. Where an agreement on a global aproach is reached on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate, with the international rules.

(42) Given the international dimension of the maritime sector, a global approach to limiting the greenhouse gas intensity of the energy used by ships could be preferable as it could be regarded as more effective due to its broader scope. This should not hinder the Union’s ability to be more ambitious than the international standards. In this context, and with a view to improve the ambition and facilitating the development of international rules within the International Maritime Organisation (IMO), the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies and submissions should be made to the IMO promoting the global adoption of measures contained in this Regulation. The Union shall continue its efforts to promote more ambitious maritime decarbonisation targets within the IMO. Where an agreement on a global approach is reached and it is proven as effective and ambitious on matters of relevance to this Regulation, the Commission should review the present Regulation with a view to aligning it, where appropriate, with the international rules.

Amendment 46

Proposal for a regulation

Recital 42 a (new)

Text proposed by the Commission

Amendment

(42a) In addition to the principles of subsidiarity and proportionality, the review procedure should be guided by the one-in-one-out principle. The one-in-one-out principle is an important tool, which is meant to tackle administrative and regulatory burdens and should be complemented by qualitative measures to ensure future-proof and effective law making in line with Union’s long-term objectives.

Amendment 47

Proposal for a regulation

Recital 43 a (new)

Text proposed by the Commission

Amendment

(43a) Recognizing the importance of addressing the specific needs of islands and remote areas of the Union and with a view to ensure connectivity, flexibility should be provided to the passenger maritime cabotage sector, as provided for in Council Regulation (EEC) No 3577/92, in order to adapt to the scheme without compromising the current level of transport services.

Amendment 48

Proposal for a regulation

Article 1 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) the obligation to use a share of renewable fuels of non-biological origin by a ship arriving at, staying within or departing from ports under the jurisdiction of a Member State and the obligation to be supplied by maritime fuel suppliers; and

Amendment 49

Proposal for a regulation

Article 1 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

in order to increase consistent use of renewable and low-carbon fuels and substitute sources of energy across the Union, while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market.

in order to incentivise more energy efficient shipping operations and to increase consistent supply and use of low-carbon and sustainable renewable energy and substitute sources of energy in maritime transport across the Union and to achieve zero emissions in the sector at the latest by 2050 inline with the Union’s objective of climate neutrality and the goals of the Paris Agreement, while ensuring its smooth operation and avoiding distortions in the internal market also coming from non-EU operators.

Amendment 50

Proposal for a regulation

Article 2 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

This Regulation applies to all fuel suppliers in respect to the renewable fuels of non-niological origin supplied to ships falling under the scope of this regulation.

Amendment 51

Proposal for a regulation

Article 2 – paragraph 2 a 1 (new)

Text proposed by the Commission

Amendment

Member States may exempt from the application of point (b) of the first subparagraph until 31th December 2029 passenger and Ro-Ro passenger ships calling at ports of islands within the same Member State with less than 50.000 permanent residents, according to the latest official national census of the population. Member States shall notify the Commission about the routes, ships and islands exempted as well as for any alterations thereof.

Amendment 52

Proposal for a regulation

Article 3 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) ‘greenhouse gas emissions’ means the release of carbon dioxide (CO2), methane (CH4) and nitrous oxides (N2O) into the atmosphere;

(a) ‘greenhouse gas emissions’ means the release of carbon dioxide (CO2), methane (CH4) and nitrous oxides (N2O) into the atmosphere and the direct radiative forcing of black carbon (BC) emissions;

Amendment 53

Proposal for a regulation

Article 3 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(fa) ‘low-carbon fuels’ means low-carbon fuels as defined in Article ... of Directive (EU) .../... [Directive on common rules for the internal markets in renewable and natural gases and in hydrogen COM/2021/803];

Amendment 54

Proposal for a regulation

Article 3 – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) ‘zero-emission technology’ means a technology fulfilling the requirements of Annex III that does not imply the release of the following greenhouse gases and air pollutants into the atmosphere by ships: carbon dioxide (CO2), methane (CH4), nitrous oxides (N2O), sulphur oxides (SOx), nitrogen oxides (NOx) and particulate matter (PM);

(g) ‘zero-emission at berth technology’ means a technology fulfilling the requirements of Annex III that does not imply the release of the following greenhouse gases and air pollutants into the atmosphere by ships: carbon dioxide (CO2),methane (CH4), nitrous oxides (N2O), sulphur oxides (SOx),nitrogen oxides (NOx), particulate matter (PM) and Black Carbon (BC);

Amendment 55

Proposal for a regulation

Article 3 – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) ‘port of call’ means a port of call as defined in Article 3, poin (b) of Regulation (EU) 2015/757;

(i) ‘port of call’ means the port where a ship stops to load or unload a substantial part of its cargo or to embark or disembark passengers; which exclude consequently stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities;

Amendment 56

Proposal for a regulation

Article 3 – paragraph 1 – point i a (new)

Text proposed by the Commission

Amendment

(ia) ‘port area’ means a port area as defined in Article 2, point (r) of Directive 2009/45;

Amendment 57

Proposal for a regulation

Article 3 – paragraph 1 – point i b (new)

Text proposed by the Commission

Amendment

(ib) ‘maritime fuel supplier’ means a fuel supplier as defined in point 38 of Article 2(2), of Directive (EU) 2018/2001, supplying marine fuel at a maritime port under the jurisdiction of a Member State;”

Amendment 58

Proposal for a regulation

Article 3 – paragraph 1 – point k

Text proposed by the Commission

Amendment

(k) ‘company’ means company as defined in Article 3, point (d) of Regulation (EU) 2015/757;

(k) ‘company’ means the shipowner or any other organisation or person such as the manager, the time charterer or the bareboat charterer, which has assumed the responsibility for the commercial operation of the ship from the shipowner and is responsible for paying for fuel consumed by the ship;

Amendment 59

Proposal for a regulation

Article 3 – paragraph 1 – point n

Text proposed by the Commission

Amendment

(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth;

(n) ‘energy use on-board’ means the amount of energy, expressed in mega joules (MJ), used by a ship for propulsion and for the operation of any on-board equipment, at sea or at berth, without the additional energy used due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and the additional energy used by a ship having the ice class IC, IB,IA or IA Super or an equivalent ice class due to sailing in ice conditions;

Amendment 60

Proposal for a regulation

Article 3 – paragraph 1 – point r

Text proposed by the Commission

Amendment

(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;

(r) ‘on-shore power supply’ means the system to supply electricity to ships at berth, at low or high voltage, alternate or direct current, including ship side and shore side fixed, floating and mobile installations, when feeding directly the ship main distribution switchboard for powering hotel, service workloads or charging secondary batteries;

Amendment 61

Proposal for a regulation

Article 3 – paragraph 1 – point y

Text proposed by the Commission

Amendment

(y) ‘least favourable pathway’ means the most carbon-intensive production pathway used for any given fuel;

(y) ‘least favourable pathway’ means the most GHG-intensive production pathway used for any given fuel;

Amendment 62

Proposal for a regulation

Article 3 – paragraph 1 – point z

Text proposed by the Commission

Amendment

(z) ‘CO2 equivalent’ means the metric measure used to compute the emissions from CO2, CH4 and N2Oon the basis of their global-warming potential, by converting amounts of CH4 and N2O to the equivalent amount of carbon dioxide with the same global warming potential;

(z) ‘CO2 equivalent’ means the metric measure used to compute the emissions from CO2, CH4, BC and N2Oon the basis of their global-warming potential, by converting amounts of CH4, BC and N2O to the equivalent amount of carbon dioxide with the same global warming potential;

Amendment 63

Proposal for a regulation

Article 3 – paragraph 1 – point ee a (new)

Text proposed by the Commission

Amendment

(eea) 'administering authority in respect of a shipping company' means:

(i) in the case of a company registered in a Member State, the Member State in which the company is registered;

(ii) in the case of a company that is not registered in a Member State, the Member State with the greatest estimated number of port calls from voyages performed by that company in the last two monitoring years and falling within the scope set out in Article 2;

(iii) in the case of a company that is not registered in a Member State and that did not carry out any voyage falling within the scope set out in Article 2 in the preceding two monitoring years, the administering authority means the Member State from where the company has started its first voyage falling within the scope set out in Article 2.

Amendment 64

Proposal for a regulation

Article 3 – paragraph 1 – point ee b (new)

Text proposed by the Commission

Amendment

(eeb) ‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag State or an organisation recognised by that State, showing that the ship has been designed for navigation in sea-ice conditions;

Amendment 65

Proposal for a regulation

Article 3 – paragraph 1 – point ee c (new)

Text proposed by the Commission

Amendment

(eec) 'sailing in ice conditions' means sailing of an ice-classed ship in a sea area within the ice edge;

Amendment 66

Proposal for a regulation

Article 3 – paragraph 1 – point ee d (new)

Text proposed by the Commission

Amendment

(eed) 'ice edge' means, in accordance with paragraph 4.4. of the WMO Sea-Ice Nomenclature of March 2014, the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting.

Amendment 67

Proposal for a regulation

Article 4 – title

Text proposed by the Commission

Amendment

Greenhouse gas intensity limit of energy used on-board by a ship

Greenhouse gas intensity limit of energy used on-board by a ship and mandate for the uptake of renewable fuels of non-biological origin

Amendment 68

Proposal for a regulation

Article 4 – paragraph 2 – indent 3

Text proposed by the Commission

Amendment

— -13% from 1 January 2035;

— -25% from 1 January 2035;

Amendment 69

Proposal for a regulation

Article 4 – paragraph 2 – indent 4

Text proposed by the Commission

Amendment

— -26% from 1 January 2040;

— -50% from 1 January 2040;

Amendment 70

Proposal for a regulation

Article 4 – paragraph 2 – indent 5

Text proposed by the Commission

Amendment

— -59% from 1 January 2045;

— -75% from 1 January 2045;

Amendment 71

Proposal for a regulation

Article 4 – paragraph 2 – indent 6

Text proposed by the Commission

Amendment

— -75% from 1 January 2050.

— -100% from 1 January 2050.

Amendment 72

Proposal for a regulation

Article 4 – paragraph 2 – subparagraph 2

Text proposed by the Commission

Amendment

[Asterix: The reference value, which calculation will be carried out at a later stage of the legislative procedure, corresponds to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I to that Regulation.]

[Asterix: The reference value, will be calculated by 31 December 2022 and will correspond to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020 determined on the basis data monitored and reported in the framework of Regulation (EU) 2015/757 and using the methodology and default values laid down in Annex I and Annex II to this Regulation.]

Amendment 73

Proposal for a regulation

Article 4 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The yearly share of renewable fuels of non-biological origin of the energy used on-board by a ship during a reporting period shall be at least the following values:

– 2%from 1 January 2030;

– 6%from 1 January 2035.

Amendment 74

Proposal for a regulation

Article 4 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. Marine fuel suppliers shall ensure that the overall renewable fuels of non-biological origin sold in the course of a year to ships at Union ports complies with the values and dates of application set out in paragraph 2a in order to provide the necessary fuels to ships;

Amendment 75

Proposal for a regulation

Article 4 – paragraph 3

Text proposed by the Commission

Amendment

3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I.

3. The greenhouse gas intensity of the energy used on-board by a ship shall be calculated as the amount of greenhouse gas emissions per unit of energy according to the methodology specified in Annex I, , including a correction factor for ice classed ships, deducting the higher fuel consumption linked to ice navigation. As a basis for the calculation of emission factors, default values are provided in Annex II.

Amendment 76

Proposal for a regulation

Article 4 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Commission is empowered to adopt delegated act in accordance with Article 26 to amend Annex I in order to insert or update reference standards for accurately measuring and accounting for the contribution of substitute sources of energy in the light of scientific and technical progress.

Amendment 77

Proposal for a regulation

Article 4 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to include the well-to-wake emission factors related to any new sources of energy or to adapt the existing emission factors to ensure consistency with future international standards or the legislation of the Union in the field of energy.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex II in order to ensure the emission factors are as representative as possible to real emissions according to the best available scientific and technical knowledge, to include the well-to-wake emission factors related to black carbon and any new sources of energy, to update regularly the existing emission factors of existing sources of energy to ensure consistency with more ambitious future international standards or legislations of the Union in the field of energy, environment and climate, as well as to account for the most recent technological, scientific and commercial development.

Amendment 78

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. From 1 January 2030, a ship at berth in a port of call under the jurisdiction of a Member State shall connect to on-shore power supply and use it for all energy needs while at berth.

1. A ship at berth within a port area in a port of call under the jurisdiction of a Member State shall connect to on-shore power supply and use it for all energy needs while at berth.

Amendment 79

Proposal for a regulation

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Paragraph 1 shall apply to:

2. From 1 January 2030, paragraph 1 shall apply to:

Amendment 80

Proposal for a regulation

Article 5 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) bulk carriers;

Amendment 81

Proposal for a regulation

Article 5 – paragraph 2 – point b b (new)

Text proposed by the Commission

Amendment

(bb) oil tankers;

Amendment 82

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Paragraph 1 shall apply to all remaining ships falling under the scope of this Regulation from 1 January 2035.

Amendment 83

Proposal for a regulation

Article 5 – paragraph 3 – point c

Text proposed by the Commission

Amendment

(c) that have to make an unscheduled port call for reasons of safety or saving life at sea;

(c) that have to make an unscheduled port call for reasons of safety or saving life at sea or in emergency situations or under conditions of force majeure;

Amendment 84

Proposal for a regulation

Article 5 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) that are unable to connect to on-shore power supply because the shore installation at the port is not compatible with the on-board on-shore power equipment;

deleted

Amendment 85

Proposal for a regulation

Article 5 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission technologies or criteria for their use, where these new technologies are found equivalent to the technologies listed in that Annex in the light of scientific and technical progress.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex III in order to insert references to new technologies in the list of applicable zero-emission at berth technologies or modify the criteria for their use, where these new technologies or other uses criteria are found equivalent or better in term of emissions reduction to the technologies and criteria for uses listed in that Annex in the light of scientific and technical progress as well as developments in the Union’s climate, environmental and energy legislation.

Amendment 86

Proposal for a regulation

Article 5 – paragraph 5

Text proposed by the Commission

Amendment

5. The managing body of the port of call shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.

5. The managing body of the port of call or where applicable the terminal operator or the competent authority, shall determine whether the exceptions set in paragraph 3 apply and issue or refuse to issue the certificate in accordance with the requirements set out in Annex IV.

Amendment 87

Proposal for a regulation

Article 5 – paragraph 6

Text proposed by the Commission

Amendment

6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. A port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3, points (d) and (e).

6. From 1 January 2035, the exceptions listed in paragraph 3, points (d) and (e), may not be applied to a given ship, in total, more than five times during one reporting year. From 1 January 2040, the exceptions listed in paragraph 3, points (d) shall no longer apply.

Amendment 88

Proposal for a regulation

Article 5 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

7a. Ship operators shall inform the ports which they call at about their intentions to connect to on-shore power and indicate the amount of power that they require during the given call and about the power equipment on board.

The Commission shall provide all the necessary guidance to ensure the compatibility between on-board and on-shore power installations, notably with regards to electrical frequency conversion. By 1 January 2025, the Commission shall adopt an implementing act laying down the content, format and deadlines for ship operators to provide information as requested in this paragraph to the port authorities.

Amendment 89

Proposal for a regulation

Article 6 – paragraph 3

Text proposed by the Commission

Amendment

3. Monitoring and reporting shall be consistent and comparable over time. To that end, companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. Companies shall enable reasonable assurance of the integrity of the data to be monitored and reported.

3. Monitoring and reporting shall be consistent and comparable over time. To that end, companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. Companies shall ensure reasonable assurance of the integrity of the data to be monitored and reported.

Amendment 90

Proposal for a regulation

Article 6 – paragraph 4

Text proposed by the Commission

Amendment

4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, in a transparent and accurate manner, so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships.

4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, in a transparent, complete and accurate manner, so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships, the share of renewable fuels of non-biological origin and any other information required to comply with this Regulation.

Amendment 91

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5. In undertaking the monitoring and reporting activities set out in Articles 7 to 9 and 14 of this Regulation, information and data collected for the purpose of Regulation (EU) 2015/757 shall be used where appropriate.

5. In undertaking the monitoring and reporting activities set out in Articles 7, 8, 9 and 14 of this Regulation, information and data collected for the purpose of Regulation (EU) 2015/757 shall be used where appropriate.

Amendment 92

Proposal for a regulation

Article 7 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) a description that the ship has installed and certified equipment to allow connection to onshore power supply, at a specified voltage and frequency, including the gear specified in IEC/IEEE 80005-1 (High Voltage) and IEC/IEEE 80005-3 (Low Voltage) or is equipped with substitute sources of energy or a zero-emission technology as specified in Annex III;

(d) a description that the ship has installed and certified equipment to allow connection to onshore power supply, at a specified voltage and frequency, including the gear specified in IEC/IEEE 80005-1 (High Voltage) and IEC/IEEE 80005-3 (Low Voltage) or is equipped with substitute sources of energy or a zero-emission technology as specified in Annex III together with a description of their main technical specifications, including their capacity expressed in megajoules (MJ) when relevant;

Amendment 93

Proposal for a regulation

Article 7 – paragraph 3 – point e

Text proposed by the Commission

Amendment

(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4 and 5;

(e) a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in Articles 4 and 5 including the sources of energy intended to power the zero-emission at berth technology specified in Annex III, such as main intended energy source to charge the on board-electricity storage and to power the fuel cells;

Amendment 94

Proposal for a regulation

Article 7 – paragraph 3 – point f

Text proposed by the Commission

Amendment

(f) a description of the procedures for monitoring the fuel consumption of the ship as well as the energy provided by substitute sources of energy or a zero-emission technology as specified in Annex III;

(f) a description of the procedures for monitoring and accounting the fuel consumption of the ship as well as the energy provided by substitute sources of energy or a zero-emission at berth technology as specified in Annex III;

Amendment 95

Proposal for a regulation

Article 7 – paragraph 3 – point k

Text proposed by the Commission

Amendment

(k) a description of the method to be used to determine surrogate data for closing data gaps;

(k) a description of the method to be used to prevent data gaps and to determine surrogate data for closing data gaps as well as methods to identify data errors;

Amendment 96

Proposal for a regulation

Article 7 – paragraph 3 – point l

Text proposed by the Commission

Amendment

(l) a revision record sheet to record all the details of the revision history.

(l) a revision record sheet to record all the details of the revision history;

Amendment 97

Proposal for a regulation

Article 7 – paragraph 3 – point l a (new)

Text proposed by the Commission

Amendment

(la) information on the ice class of the ship, if the additional energy due to the ship's ice class is to be left out of the scope of the energy used on-board;

Amendment 98

Proposal for a regulation

Article 7 – paragraph 3 – point l b (new)

Text proposed by the Commission

Amendment

(lb) a description of the procedure for monitoring the distance travelled for the whole voyage and when sailing in ice conditions, the date and time when such conditions occur, the fuel consumption and the energy provided by substitute sources of energy or a zero emission technology as specified in Annex III when sailing in ice conditions, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board.

Amendment 99

Proposal for a regulation

Article 7 – paragraph 4

Text proposed by the Commission

Amendment

4. Companies shall use standardised monitoring plans based on templates. The Commission shall, by means of implementing acts, determine those templates, including the technical rules for their uniform application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 27(3).

4. Companies shall use standardised monitoring plans based on templates. The Commission shall adopt delegated acts in accordance with Article 26 supplementing this Regulation by establishing standardised monitoring plans based on templates,including the technical rules for their uniform application and use.

Amendment 100

Proposal for a regulation

Article 8 – paragraph 2 – point e a (new)

Text proposed by the Commission

Amendment

(ea) where methods to prevent data gaps and identify data errors have beenfound inadequate for ensuring data solidity and transparency.

Amendment 101

Proposal for a regulation

Article 8 – paragraph 4

Text proposed by the Commission

Amendment

4. Modifications of the monitoring plan referred to in paragraph 2, points (b), (c) and (d) of this Article shall be subject to assessment by the verifier. Following the assessment, the verifier shall notify the company concerned whether those modifications are in conformity with Article 6.

4. Modifications of the monitoring plan referred to in paragraph 2, points (b), (c), (d) and (ea) of this Article shall be subject to assessment by the verifier. Following the assessment, the verifier shall notify the company concerned whether those modifications are in conformity with Article 6.

Amendment 102

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Where biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels, as defined in Directive (EU) 2018/2001, are to be taken into account for the purposes referred to in Articles 4(1) of this Regulation, the following rules apply:

1. Where biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuels, as defined in Directive (EU) 2018/2001, and other fuels or gases are to be taken into account for the purposes referred to in Articles 4 of this Regulation, the following rules apply:

Amendment 103

Proposal for a regulation

Article 9 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(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 Article 27(3) of Directive (EU) 2018/2001 shall be determined according to the methodologies set out in that Directive;

(b) greenhouse gas emissions factors of renewable fuels of non-biological origin that comply with the greenhouse gas emission savings thresholds set out in Article 27(3) of Directive (EU) 2018/2001, and the related delegated acts on additionality and GHG methodology, shall be determined according to the methodologies set out in that Directive;

Amendment 104

Proposal for a regulation

Article 9 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) renewable fuels of non-biological origin and recycled carbon fuels that do not comply with point (b) shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels.

(d) renewable fuels of non-biological origin that do not comply with point (b) and any other hydrogen-derived synthetic fuels or hydrogen type shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels

Amendment 105

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2. Companies shall provide accurate and reliable data on the GHG emission intensity and the sustainability characteristics of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel, verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001.

2. Companies shall provide accurate, complete and reliable data on the GHG emission intensity and the sustainability characteristics of biofuels, biogas, renewable fuels of non-biological origin and recycled carbon fuel, verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of the Directive (EU) 2018/2001.

Amendment 106

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of laboratory testing or direct emissions measurements. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements.

3. Companies shall be entitled to divert from the established default values for the tank-to-wake emission factors of renewable and low-carbon fuels provided that actual values are certified by means of laboratory testing or direct emissions measurements in accordance with existing certification and verification schemes laid down in the Directive (EU) 2018/2001 and Directive (EU) .../... [Gas Directive (EU) XX/XXXX]. The performance of fossil fuels shall only be assessed through the use of default emission factors, as provided for by this Regulation. Companies shall be entitled to divert from the established default values for slippages or fugitive emissions in the tank-to-wake of fossil fuels provided that the corresponding certification and verification mechanism is put in place by the Commission by means of a delegated act. To this end, the Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing the rules on conducting certification of energy conversion systems or fuel consumers, including bench or the laboratory testing and direct emissions measurements for fossil fuels and gas slippages.

Amendment 107

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall revise its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond the beginning of the reporting period.

1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 to 9. Where the verifier’s assessment identifies non-conformities with those requirements, the company concerned shall revise without undue delay its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond one month before the beginning of the reporting period.

Amendment 108

Proposal for a regulation

Article 10 – paragraph 3

Text proposed by the Commission

Amendment

3. Where the verification assessment identifies incorrect statements or non-conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then amend the incorrect statements or non-conformities so as to enable the verification process to be completed in time.

3. Where the verification assessment identifies incorrect statements or non-conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then amend without undue delay the incorrect statements or non-conformities so as to enable the verification process to be completed in time.

Amendment 109

Proposal for a regulation

Article 11 – paragraph 3 – point d

Text proposed by the Commission

Amendment

(d) the relevant records of the ship are complete and consistent.

(d) the relevant records of the ship are complete, transparent and consistent.

Amendment 110

Proposal for a regulation

Article 12 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. The verifier shall provide, for each of the ships under its surveillance, an individual quality management program of measures to be taken to prevent data gaps and errors.

Amendment 111

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission

Amendment

1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008.

1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008. The national accreditation body shall notify without undue delay to the Commission the list of accredited verifier together with the information allowing their identification and record them in the database.

Amendment 112

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.

3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers, of ensuring the verifier’s independence and impartiality, and of mandatory re-accreditation procedures to address new complexities and specificities of the evolution of new alternative fuels and zero emission technologies. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.

Amendment 113

Proposal for a regulation

Article 14 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) for each ship that the requirement of Article 5(1) applies, the connection to and use of on-shore power or the existence of any of the exceptions listed in Article 5(3);

(b) for each ship that the requirement of Article 5(1) applies, the connection to and use of on-shore power or the existence of any of the exceptions listed in Article 5(3) as certified in accordance with Article 5(5);

Amendment 114

Proposal for a regulation

Article 14 – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) the amount of each type of substitute source of energy consumed at berth and at sea.

(e) the amount of each type of substitute source of energy consumed at berth and at sea, including the amount of each source of energy powering the zero-emission at berth technologies,

Amendment 115

Proposal for a regulation

Article 14 – paragraph 1 – point e a (new)

Text proposed by the Commission

Amendment

(ea) the ship's ice class, if the additional energy due to ship's ice classis to be left out from the scope of the energy used on-board;

Amendment 116

Proposal for a regulation

Article 14 – paragraph 1 – point e b (new)

Text proposed by the Commission

Amendment

(eb) the date and time when sailing in ice conditions, the amount of each type of fuel consumed when sailing in ice conditions, the amount of each type of substitute source of energy consumed when sailing in ice conditions, the distance travelled when sailing in ice conditions, the distance travelled during the voyage, the amount of each type of fuel consumed at sea, the amount of each type of substitute source of energy consumed at sea, if the additional energy due to sailing in ice conditions is to be left out from the scope of the energy used on-board;

Amendment 117

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission

Amendment

2. Companies shall record the information and data listed in paragraph 1 on annual basis in a transparent manner, that enables the verification of compliance with this Regulation by the verifier.

2. Companies shall record the information and data listed in paragraph 1 in a transparent manner and compile them on annual basis to enable the verification of compliance with this Regulation by the verifier.

Amendment 118

Proposal for a regulation

Article 14 a (new)

Text proposed by the Commission

Amendment

Article 14a

FuelEU maritime non-availability report

1. If a ship, despite best efforts, fails to obtain fuels enabling it to comply with the limits referred to in Article 4(2) at a port under the jurisdiction of a Member State, it shall report the inability to the competent authority of the Member State concerned and to the competent authority of the port of destination, if that port is also under the jurisdiction of a Member State, by means of a Fuel EU non-availability report. This report shall include the reasons of the non-availability of fuels such as shortage of fuels and lack of port infrastructure.

2. The Commission is empowered to adopt implementing acts in accordance with Article 26 to create a template for the FuelEU maritime non-availability report referred to in paragraph 1 of this Article.

3. The competent authorities of the Member State shall report in the compliance database referred to in Article 16 the cases of fuel non-availability.

4. The Member State of the port shall investigate the reports of non-availability.

Amendment 119

Proposal for a regulation

Article 15 – paragraph 2 – point -a (new)

Text proposed by the Commission

Amendment

(-a) calculate, when applicable, the percentage of renewable fuels of non-biological origin in the yearly average energy used on-board by the ship concerned;

Amendment 120

Proposal for a regulation

Article 15 – paragraph 2 – point d

Text proposed by the Commission

Amendment

(d) calculate the amount of the penalties referred to in Article 20(1) and (2).

deleted

Amendment 121

Proposal for a regulation

Article 15 – paragraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(da) separately aggregate on an annual basis the information monitored and recorded in accordance with points (c), (d), (e) and (ea) of Article 14(1), for each ship and provide it to companies for their submission to the database in accordance with Article 16(3);

Amendment 122

Proposal for a regulation

Article 15 – paragraph 2 – point d b (new)

Text proposed by the Commission

Amendment

(db) compile the aforementioned information and submit it to the competent authority with respect to the shipping company.

Amendment 123

Proposal for a regulation

Article 16 – title

Text proposed by the Commission

Amendment

Compliance database and reporting

FuelEU Maritime database, reporting and publication of information

Amendment 124

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. The Commission shall develop, ensure functioning and update an electronic compliance database for the monitoring of compliance with Articles 4 and 5. The compliance database shall be used to keep a record of the compliance balance of the ships and the use of the flexibility mechanisms set out in Articles 17 and 18. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.

1. The Commission shall develop a centrally managed electronic FuelEU Maritime database for keeping record of data submitted in accordance with this Regulation and shall ensure its functioning, update, storage and publication of information submitted by companies, verifiers and the national accreditation body. The compliance database should build upon the existing THETIS-MRV module where possible and shall be used to monitor compliance with Articles 4 and 5, keep a record of the compliance balance of the ships, the use of the exemptions set out in Article 5(3), the use of the flexibility mechanisms set out in Articles17 and 18, the penalties set out in Article 20, the data submitted in accordance with paragraph 3 of this Article, the sanctions notified in accordance with Article 23 and the list of competent authorities referred to in Article 25(1).The database shall be made publicly available in an open data format and freely accessible to the companies, the verifiers, the competent authorities, the Commission and the general public in a transparent, downloadable and user-friendly manner.

Amendment 125

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained by the verifier, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.

3. By 30 April of each year, the company shall record in the compliance database for each of its ships the information referred to in Article 15(2), as ascertained and calculated by the verifier, the use of the flexibility mechanisms set out in Articles 17 and 18, the yearly exceptions applied under Article 5(3), if any, together with information allowing to identify the ship, the company, as well as the identity of the verifier that carried out the assessment.

Amendment 126

Proposal for a regulation

Article 16 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. By 30 June of each year, the Commission shall make publicly available all the information recorded in the database for a given reporting period. Information for previous reporting period shall remain publicly available at any time. The information shall be provided in an open, downloadable and raw format without further aggregation or anonymization, with the exception of data on penalties and sanctions, which shall be anonymized.

Amendment 127

Proposal for a regulation

Article 16 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. Where, due to specific circumstances, anonymised disclosure of data related to penalties and sanctions, would exceptionally undermine the protection of commercial interests deserving protection as a legitimate economic interest overriding the public interest in disclosure pursuant to Regulation (EC) No 1367/20061a, a different level of aggregation of that specific data shall be applied, at the request of the company, so as to protect such interests. Where application of a different level of aggregation is not possible, the Commission shall not make those data publicly available.

__________________

1a Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Union institutions and bodies (OJ L 264, 25.9.2006, p. 13).

Amendment 128

Proposal for a regulation

Article 17 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Where the ship has a compliance deficit for the reporting period, the company may borrow an advance compliance surplus of the corresponding amount from the following reporting period. The advance compliance surplus shall be added to the ship’s balance in the reporting period and subtracted from the same ship’s balance in the following reporting period. The amount to be subtracted in the following reporting period shall be equal to the advance compliance surplus multiplied by 1.1. The advance compliance surplus may not be borrowed:

2. Where the ship has a compliance deficit for the reporting period, the company may borrow an advance compliance surplus of the corresponding amount from the following reporting period. The advance compliance surplus shall be added to the ship’s balance in the reporting period and subtracted from the same ship’s balance in the following reporting period. The amount to be subtracted in the following reporting period shall be equal to the advance compliance surplus multiplied by 1.1. If the ship ceases operation before fulfilling its advance compliance surplus, it shall pay a penalty calculated in accordance with Article 20. The advance compliance surplus may not be borrowed:

Amendment 129

Proposal for a regulation

Article 17 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) for two consecutive reporting periods.

(b) for two consecutive reporting periods;

Amendment 130

Proposal for a regulation

Article 17 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(ba) or by a ship that is in its last year of operation.

Amendment 131

Proposal for a regulation

Article 17 – paragraph 3

Text proposed by the Commission

Amendment

3. By 30 April of the year following the reporting period, the company shall record the advance compliance surplus, following approval by its verifier, in the compliance database.

3. By 30 April of the year following the reporting period, the company shall record the advance compliance surplus, following approval by its verifier, in the database referred to in Article 16.

Amendment 132

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a penalty. The verifier shall calculate the amount of the penalty on the basis of the formula specified Annex V.

1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, and the company shall pay a dissuasive penalty larger than the amount and cost of renewable and low-carbon fuels that the ships should have used to meet the requirements of this Regulation. The administering authority with respect to the shipping company shall calculate the amount of the penalty on the basis of the formula specified in Annex V.

Amendment 133

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. The company shall pay a penalty for each non-compliant port call. The verifier shall calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on-board and by the number of completed hours spent at berth.

2. The company shall pay a dissuasive penalty for each non-compliant port call. The administering authority with respect to the shipping company shall calculate the amount of the penalty by multiplying the amount of EUR 250 by megawatts of power installed on-board and by the number of completed hours spent at berth.

Amendment 134

Proposal for a regulation

Article 20 – paragraph 3

Text proposed by the Commission

Amendment

3. Notwithstanding Article 19(1), the verifier shall issue a FuelEU certificate of compliance once the penalties referred to in paragraphs 1 and 2 of this Article have been paid. The actions referred to in this Article as well as the proof of the financial payments in accordance with Article 21 shall be recorded in the FuelEU certificate of compliance.

3. Notwithstanding Article 19(1), the verifier shall issue a FuelEU certificate of compliance after the penalties referred to in paragraphs 1 and 2 of this Article have been paid for a maximum of four consecutive years. Starting from the third consecutive year of non-compliance the accrued yearly compliance deficits shall be added to the ship’s balance in the following reporting period. For a fifth year of non-compliance the verifier shall not issue a FuelEU certificate of compliance. The actions referred to in this Article as well as the proof of the financial payments in accordance with Article 21 shall be recorded in the FuelEU certificate of compliance.

Amendment 135

Proposal for a regulation

Article 20 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Where the shipping company concludes a contract with a commercial operator specifying that this operator is responsible for the purchase of the fuel and the operation of the ship, the shipping company and that commercial operator shall, by means of a contractual arrangement, determine that the latter shall be liable for the payment of the costs arising from the penalties referred to in this Article. For the purposes of this paragraph, being responsible for the operation of the ship shall mean determining the cargo carried, the itinerary, the routeing and/or the speed of the ship. Member States shall take the necessary measures to ensure that the shipping company has appropriate and effective means of recovering the costs arising from the penalties referred to in this Article.

Amendment 136

Proposal for a regulation

Article 20 – paragraph 4

Text proposed by the Commission

Amendment

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, taking into account the developments in the cost of energy.

4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, as soon as the developments in the cost of energy undermine the dissuasive effect of those penalties.

Amendment 137

Proposal for a regulation

Article 20 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. By 1 January 2027, the Commission shall adopt a delegated act in accordance with Article 26 supplementing this Regulation by laying down the formula for the calculation of the amount of the penalty for failing to comply with the mandate for renewable fuels of non-biological origin set out in Article 4(2), point (b), the criteria for its application and the rules for its enforcement.

Amendment 138

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.

1. The penalties referred to in Article 20 shall be allocated to support common projects aimed to fasten the just ecological transition of the maritime sector by means of the rapid improvement of energy and operational efficiency of ships, the deployment of zero-emission propulsion technologies and the uptake of sustainable renewable energy in the maritime sector, as well as to the help the protection, restoration and better management of marine ecosystems. Projects financed by the funds collected from the penalties shall apply the energy efficiency first principle and stimulate the production of greater quantities of sustainable renewable fuels and on-board renewable generation solutions for the maritime sector, facilitate the construction of the relative bunkering facilities, electric connection points in ports, support investments to ensure the compatibility between on-board and on-shore power installations and support the development, testing and deployment of the most innovative European technologies in the fleet, as well as stimulating fleet renewal, in order to achieve a zero-emission, highly energy efficient and fully renewable based maritime sector as soon as possible. Projects financed by the funds collected shall in practice support, in dialogue with social partners, the redeployment, re-skilling and up-skilling of the workers to provide the environmentally friendly and technology-related skills required for the transition as well as safety, training and protecting measures for dealing with new maritime fuels.

Amendment 139

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the the Innovation Fund referred to in Article 10a(8) of Directive 2003/87/EC. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.

2. The revenues generated from penalties referred to in paragraph 1 shall be allocated to the Ocean Fund referred to in Article [XX] of Directive 2003/87/EC and shall be earmarked to finance programmes according to the principles and objectives established in Paragraph 1. These revenues shall constitute external assigned revenue in accordance with Article 21(5) of the Financial Regulation, and shall be implemented in accordance with the rules applicable to the Innovation Fund.

Amendment 140

Proposal for a regulation

Article 21 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement this Regulation concerning the modalities for the payment of the penalties referred to in Article 20(1) and 20(2).

3. The Commission is empowered to adopt delegated acts in accordance with Article 26 to supplement this Regulation concerning the modalities for the payment of the penalties referred to in Article 20(1) and 20(2) and the modalities for making the information on the supported projects available to the public.

Amendment 141

Proposal for a regulation

Article 23 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall lay down the rules on sanctions applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by [dd/mm/20xx], and shall notify to the Commission without delay any subsequent amendments.

1. Member States shall lay down the rules on sanctions applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 31 July 2024, and shall notify to the Commission without delay any subsequent amendments. By 1 January 2025, the Commission shall submit a report to the European Parliament and the Council to provide an overview of the national measures laid down by Member States and report without delay any subsequent amendments to those measures.

Amendment 142

Proposal for a regulation

Article 23 – paragraph 3

Text proposed by the Commission

Amendment

3. Where a ship has failed to present a valid FuelEU certificate of compliance for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance, the competent authority of the Member State of the port of call may, after giving the opportunity to the company concerned to submit its observations, issue an expulsion order. The competent authority of the Member State shall notify the expulsion order to the Commission, the other Member States and the flag State concerned. Every Member State, with the exception of any Member State whose flag the ship is flying, shall refuse entry of the ship which is subject to the expulsion order into any of its ports until the company fulfils its obligations. Where the ship flies the flag of a Member State, the Member State concerned shall, after giving the opportunity to the company concerned to submit its observations, order a flag detention until the company fulfils its obligations.

3. Where a ship has failed to present a valid FuelEU certificate of compliance for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance, the competent authority of the Member State of the port of call shall, after giving the opportunity to the company concerned to submit its observations, issue an expulsion order. The competent authority of the Member State shall notify the expulsion order to the Commission, the other Member States and the flag State concerned. Every Member State, with the exception of any Member State whose flag the ship is flying, shall refuse entry of the ship which is subject to the expulsion order into any of its ports until the company fulfils its obligations. Where the ship flies the flag of a Member State, the Member State concerned shall, after giving the opportunity to the company concerned to submit its observations, order a flag detention until the company fulfils its obligations in accordance with this Regulation.

Amendment 143

Proposal for a regulation

Article 23 – paragraph 5

Text proposed by the Commission

Amendment

5. Sanctions against a specified ship by any Member State shall be notified to the Commission, to the other Member States and to the flag State concerned.

5. Sanctions against a specified ship by any Member State shall be notified to the Commission, to the other Member States and to the flag State concerned. The Commission shall record each notified sanction in the database.

Amendment 144

Proposal for a regulation

Article 23 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Any Member State that has no maritime ports in its territory, or has closed its national ship register or has no ships flying its flag that fall within the scope of this Regulation and as long as no such ships are flying its flag, and which has no accredited verifier may derogate from the provisions of this Article. Any Member State that intends to avail itself of that derogationshall notify the Commission at the latest by 1 July 2024. Any subsequent change shall also be communicated to the Commission, which should record the information in the database.

Amendment 145

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

Member States shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). They shall communicate their names and contact information to the Commission. The Commission shall publish on its website the list of competent authorities.

Member States shall designate one or more competent authorities as responsible for the application and enforcement of this Regulation (‘competent authorities’). They shall communicate their names and contact information to the Commission. The Commission shall publish on its website and on the database the list of competent authorities.

Amendment 146

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 4(6), 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].

2. The power to adopt delegated acts referred to in Articles 4(3a), 4(4), 5(4), 7(4), 9(3), 13(3), 20(4), 20(4a) 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 147

Proposal for a regulation

Article 26 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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.

3. The delegation of power referred to in Articles 4(3a), 4(4), 5(4), 7(4), 9(3), 13(3), 20(4), 20 (4a) and 21(3) 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 148

Proposal for a regulation

Article 26 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 4(7), 5(4), 9(3), 13(3), 20(4), and 21(3) 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.

6. A delegated act adopted pursuant to Articles 4(3a), 4(4), 5(4), 7(4), 9(3), 13(3), 20(4), 20(4a) and 21(3) 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 149

Proposal for a regulation

Article 28 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The Commission shall report to the European Parliament and the Council, by 1 January 2030, the results of an evaluation on the functioning of this Regulation and the evolution of the technologies and market for renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union. The Commission shall consider possible amendments to:

1. The Commission shall report to the European Parliament and the Council, by 1 January 2027 and every 5 years thereafter, the results of an evaluation on the functioning oft his Regulation. The evaluation report should in particular:

(a) assess the evolution of the technologies and market for zero-emission technologies and sustainable renewable and low-carbon fuels in maritime transport and its impact on the maritime sector in the Union including its competitiveness and potential carbon leakage, with special focus on EU ports exposed to competition from non-EU ports;

(b) examine the Regulation’s ambition and overall environmental integrity in relation to the targets under the Paris Agreement, to the Union economy-wide GHG emissions reduction target for 2030and to the climate-neutrality objective as defined in the European Climate Law, as well as to the Renewable energy and Energy efficiency targets. c) assess and quantify the operational and energy efficiency improvements triggered by the maritime related measures in the legislation adopted further to proposals submitted under the Fit for 55 package and the untapped potential there in;

(d) assess the effect of the regulation on reducing Black Carbon emissions, especially in and near the Arctic;

(e) update the impact assessment of the functioning of the Regulation, with particular focus on the economic implications of its measures.

The Commission shall consider possible amendments to:

Amendment 150

Proposal for a regulation

Article 28 – paragraph 1 – point -a (new)

Text proposed by the Commission

Amendment

(-a) decrease the gross tonnage threshold to 400 and expanding the share of energy used by ships in voyage to and from third countries referred to in Article 2 ;

Amendment 151

Proposal for a regulation

Article 28 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) the limit referred to in Article 4(2);

(a) make the limit referred to in Article 4(2) more stringent;

Amendment 152

Proposal for a regulation

Article 28 – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(aa) introduce an operational and energy efficiency target;

Amendment 153

Proposal for a regulation

Article 28 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) the ship types to which Article 5(1) applies;

(b) expand the ship types to which this Regulation applies;

Amendment 154

Proposal for a regulation

Article 28 – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) the exceptions listed in Article 5(3).

(c) limit the exceptions listed in Article 5(3).

Amendment 155

Proposal for a regulation

Article 28 – paragraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(ca) limit the use of palm fatty acid distillates, animal fats category III, used cooking oil, molasses, soapstock and derivatives point (c) of Article 9(1).

Amendment 156

Proposal for a regulation

Article 28 – paragraph 1 – point c b (new)

Text proposed by the Commission

Amendment

(cb) cancel the not banked compliance surpluses when unused after three reporting periods in Article 17;

Amendment 157

Proposal for a regulation

Article 28 – paragraph 1 – point c c (new)

Text proposed by the Commission

Amendment

(cc) restrict the application of the pooling of compliance referred to in Article 18 to ships powered by zero-emission fuels and zero-emission technologies;

Amendment 158

Proposal for a regulation

Article 28 – paragraph 1 – point c d (new)

Text proposed by the Commission

Amendment

(cd) dedicated provisions to tackle Black Carbon emissions for voyages in the Arctic.

Amendment 159

Proposal for a regulation

Article 28 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The Commission shall consider, as part of its assessment, possible amendments to this Regulation with regards to regulatory simplification. The Commission and the competent authorities in the Member States shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Regulation, keeping administrative burdens for involved actors to a minimum.

Amendment 160

Proposal for a regulation

Article 28 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. The European Parliament through its competent committees may provide an opinion on the report by the Commission including on the proposals for amending this Regulation.

Amendment 161

Proposal for a regulation

Article 28 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1c. The Commission shall reply in writing to the opinion adopted by the European Parliament as well as to any call for action concerning the different provisions of the Regulation, including providing justifications for foreseen inaction, and to any question addressed to it by the European Parliament or by the Council within five weeks of its receipt.

Amendment 162

Proposal for a regulation

Article 29 – paragraph 1

Text proposed by the Commission

Amendment

The following point shall be added to the list set out in Annex IV to Directive 2009/16/EC: ‘51. The FuelEU certificate of compliance issued under Regulation (EU) xxxx on the use of renewable and low-carbon fuels in maritime transport’.

The following point shall be added to the list set out in Annex IV to Directive 2009/16/EC: ‘51. The FuelEU certificate of compliance issued under Regulation (EU) xxxx on the use of renewable and low-carbon fuels and renewable energy sources in maritime transport’.

Amendment 163

Proposal for a regulation

Annex I

Text proposed by the Commission

ANNEX I

METHODOLOGY FOR ESTABLISHING THE GREENHOUSE GAS INTENSITY LIMIT ON THE ENERGY USED ON-BOARD BY A SHIP

For the purpose of calculating the greenhouse gas intensity limit of the energy used on-board a ship, the following formula, referred to as Equation (1) shall apply:

GHG intensity index

WtT

TtW

=

Equation (1)

where the following formula is referred to as Equation (2):

Equation (2)

Term

Explanation

i

Index corresponding to the fuels delivered to the ship in the reference period

j

Index corresponding to the fuel combustion units on board the ship. For the purpose of this Regulation the units considered are the main engine(s), auxiliary engine(s) and fired oil boilers

k

Index corresponding to the connection points (c) where electricity is supplied per connection point.

c

Index corresponding to the number of electrical charging points

m

Index corresponding to the number of energy consumers

Mass of the specific fuel i oxidised in consumer j [gFuel]

Electricity delivered to the ship per connection point k if more than one [MJ]

WtT GHG emission factor of fuel i [gCO2eq/MJ]

WtT GHG emission factor associated to the electricity delivered to the ship at berth per connection point k [gCO2eq/MJ]

Lower Calorific Value of fuel i [MJ/gFuel]

Engine fuel slippage (non-combusted fuel) coefficient as a percentage of the mass of the fuel i used by combustion unit j [%]

TtW GHG emission factors by combusted fuel in combustion unit j [gGHG/gFuel]

TtW CO2 equivalent emissions of combusted fuel i in combustion unit j [gCO2eq/gFuel]

TtW GHG emissions factors by slipped fuel towards combustion unit j [gGHG/gFuel]

TtW CO2 equivalent emissions of slipped fuel i towards combustion unit j [gCO2eq/gFuel]

CO2, CH4 , N2O Global Warming Potential over 100 years

In the case of fossil fuels, the default values in Annex II shall be used.

For the purpose of this regulation the term in the numerator of Equation (1) shall be set to zero.

Method for determining [Mi]

The [Mi] mass of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company.

Method for determining WtT GHG factors

For non-fossil fuels, wherever values different from the default values in Annex II are used, these shall be based on relevant Bunker Delivery Notes (BDNs), for the fuels delivered to the ship in the reference period, for at least equal quantities of fuels as the one determined as being consumed in scope of the regulated journey in accordance with point A.

The WtT GHG () of the fuels (which are not fossils fuels) are established in Directive (EU) 2018/2001. The actual values, contained in the Directive that shall be used for the purpose of this Regulation, in accordance with the methodology, are those without combustion. For those fuels for which pathways are not included in the Directive and for fossil fuels, the WtT GHG emission factors () default values are contained in Annex II.

Fuel Bunker Delivery Note (BDN)

For the purposes of this regulation, relevant BDNs of fuels used on board shall contain at least the following information:

– product identification

– fuel mass [t]

– fuel volume [m3]

– fuel density [kg/m3]

– WtT GHG emission factor for CO2 (carbon factor) [gCO2/gFuel] and for CO2eq [gCO2eq/gFuel] and related certificate

– Lower Calorific Value [MJ/g]

BDN Electricity

For the purposes of this regulation, relevant BDNs for electricity delivered to the ship shall contain at least the following information:

– supplier: name, address, telephone, email, representative

– receiving ship: IMO number (MMSI), ship name, ship type, flag, ship representative

– port: name, location (LOCODE), terminal/ berth

– connection point: OPS-SSE connection point, connection point details

– connection time: date/time of commencement/finalisation

– energy supplied: power fraction allocated to supply point (if applicable) [kW], electricity consumption (kWh) for the billing period, peak power information (if available)

– metering

Method for determining TtW GHG factors

The TtW emissions are determined on the basis of the methodology contained in this Annex as provided in Equation (1) and Equation (2)

For the purpose of this Regulation, the TtW GHG emission factors ( ) that shall be used to determine the GHG emissions are contained in Annex II. The CO2 Cf factors shall be the ones established in Regulation (EU) 2015/757 and are reported in the Table for easy reference. For fuels whose factors are not included in the said regulation, default factors as contained in Annex II shall be used.

In accordance with its compliance plan referred to in Article 6 and upon assessment by the verifier, other methods, such as direct CO2eq measurement, laboratory testing, may be used if it enhances the overall accuracy of the calculation.

Method for determining TtW fugitive emissions

Fugitive emissions are emissions caused by the amount of fuel that does not reach the combustion chamber of the combustion unit or that is not consumed by the energy converter because they are uncombusted, vented, or leaked from the system. For the purpose of this Regulation, fugitive emissions are taken into account as a percentage of the mass of the fuel used by the engine. The default values are contained in Annex II.

Methods for determining the reward factors linked to substitute sources of energy

In case substitute sources of energy are installed on board, a reward factor for substitute sources of energy can be applied. In case of wind power such reward factor is determined as follow:

Reward factor for substitute sources of energy- WIND (fwind)

0,99

0,1

0,97

0,2

0,95

⩾ 0,3

The ship GHG intensity index is then calculated by multiplying the result of Equation (1) by the reward factor.

Amendment

ANNEX I

For the purpose of calculating the greenhouse gas intensity limit of the energy used on-board a ship, the following formula, referred to as Equation (1) shall apply:

GHG intensity index

WtT

TtW

=

Equation (1)

where the following formula is referred to as Equation (2):

Equation (2)

Term

Explanation

i

Index corresponding to the fuels delivered to the ship in the reference period

j

Index corresponding to the fuel combustion units (m engine) on board the ship. For the purpose of this Regulation the units considered are the main engine(s), auxiliary engine(s) and fired oil boilers

k

Index corresponding to the connection points (c) where electricity is supplied per connection point.

w

Index corresponding to the wind installation (n) where energy is supplied per wind installation.

s

Index corresponding to the solar installation (p) where electricity is supplied per solar installation.

c

number of electrical charging points

m

number of energy consumers

n

Number of fuels delivered to the ship in the reference period

Mass of the specific fuel i oxidised in consumer j [gFuel]

Electricity delivered to the ship per connection point k if more than one [MJ]

Energy delivered to the ship per wind installation (w) if more than one [MJ]

Electricity delivered to the ship per solar installation point (s) if more than one [MJ]

WtT GHG emission factor of fuel i [gCO2eq/MJ]

WtT GHG emission factor associated to the electricity delivered to the ship at berth per connection point k [gCO2eq/MJ]

Lower Calorific Value of fuel i [MJ/gFuel]

Engine fuel slippage (non-combusted fuel) coefficient as a percentage of the mass of the fuel i used by combustion unit j [%]

TtW GHG emission factors by combusted fuel in combustion unit j [gGHG/gFuel]

TtW CO2 equivalent emissions of combusted fuel i in combustion unit j [gCO2eq/gFuel]

TtW GHG emissions factors by slipped fuel towards combustion unit j [gGHG/gFuel]

TtW CO2 equivalent emissions of slipped fuel i towards combustion unit j [gCO2eq/gFuel]

CO2, CH4 , N2O Global Warming Potential over 100 years

Multiplier applied to RFNBO fuel i

Mi,j A

Adjusted mass of the specific fuel i oxidized in consumer j [gFuel] due to sailing in ice conditions in the case of a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class and due to technical properties of a ship having the ice class IA or IA Super or an equivalent ice class. The adjusted mass Mi,j A is used in Equation (1) instead of the mass Mi,j when appropriate

In the case of fossil fuels, the default values in Annex II shall be used.

For the purpose of this regulation the term in the numerator of Equation (1) shall be set to zero.

The term MULTi in the denominator of Equation (1) shall be set to five for the amount of RFNBOs exceeding the percentages of a ship’s yearly average energy used on-board during a reporting period, as referred to point (b) of Article 4(2).

Method for determining [Mi]

The [Mi] mass of fuel shall be determined using the amount reported in accordance with the framework of the reporting under Regulation (EU) 2015/757 for voyages falling within the scope of this Regulation based on the chosen monitoring methodology by the company. The adjusted mass of fuel [Mi A] may be used instead of the mass of fuel [Mi] for a ship having the ice-class IC, IB, IA or IA Super or an equivalent ice class. The adjusted mass [Mi A] is defined in Annex Va.

Method for determining WtT GHG factors

For non-fossil fuels, wherever values different from the default values in Annex II are used, these shall be based on relevant Bunker Delivery Notes (BDNs), for the fuels delivered to the ship in the reference period, for at least equal quantities of fuels as the one determined as being consumed in scope of the regulated journey in accordance with point A.

The WtT GHG () of the fuels (which are not fossils fuels) are established in Directive (EU) 2018/2001. The actual values, contained in the Directive that shall be used for the purpose of this Regulation, in accordance with the methodology, are those without combustion. For those fuels for which pathways are not included in the Directive and for fossil fuels, the WtT GHG emission factors () default values are contained in Annex II.

Fuel Bunker Delivery Note (BDN)

For the purposes of this regulation, relevant BDNs of fuels used on board shall contain at least the following information:

– product identification

– fuel mass [t]

– fuel volume [m3]

– fuel density [kg/m3]

– WtT GHG emission factor for CO2 (carbon factor) [gCO2/gFuel] and for CO2eq [gCO2eq/gFuel] and related certificate

– Lower Calorific Value [MJ/g]

BDN Electricity

For the purposes of this regulation, relevant BDNs for electricity delivered to the ship shall contain at least the following information:

– supplier: name, address, telephone, email, representative

– receiving ship: IMO number (MMSI), ship name, ship type, flag, ship representative

– port: name, location (LOCODE), terminal/ berth

– connection point: OPS-SSE connection point, connection point details

– connection time: date/time of commencement/finalisation

– energy supplied: power fraction allocated to supply point (if applicable) [kW], electricity consumption (kWh) for the billing period, peak power information (if available)

– metering

Method for determining TtW GHG factors

The TtW emissions are determined on the basis of the methodology contained in this Annex as provided in Equation (1) and Equation (2)

For the purpose of this Regulation, the TtW GHG emission factors ( ) that shall be used to determine the GHG emissions are contained in Annex II. The CO2 Cf factors shall be the ones established in Regulation (EU) 2015/757 and are reported in the Table for easy reference. For fuels whose factors are not included in the said regulation, default factors as contained in Annex II shall be used.

In accordance with its compliance plan referred to in Article 6 and upon assessment by the verifier, other methods, such as direct CO2eq measurement, laboratory testing, may be used if it enhances the overall accuracy of the calculation.

Method for determining TtW fugitive emissions

Fugitive emissions are emissions caused by the amount of fuel that does not reach the combustion chamber of the combustion unit or that is not consumed by the energy converter because they are uncombusted, vented, or leaked from the system. For the purpose of this Regulation, fugitive emissions are taken into account as a percentage of the mass of the fuel used by the engine. The default values are contained in Annex II.

Amendment 164

Annex I Verification and Certification

Text proposed by the Commission

Verification and Certification

Fuel Class

WtT

TtW

Fossil

Default values shall be used as provided in Table 1 of this Regulation.

MRV Regulation CO2 carbon factors shall be used for fuels for which such factor is provided

For all other emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of laboratory testing or direct emissions measurements

Sustainable Renewable Fuels

(Bio Liquids, Bio Gases, e-Fuels)

CO2eq values as provided in RED II (without combustion) can be used for all fuels whose pathways are included in RED II, alternatively

RED II approved certification scheme can be used

Emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of laboratory testing or direct emissions measurements.

Others (including electricity)

CO2eq values as provided in RED II (without combustion) can be used for all fuels whose pathways are included in RED II, alternatively

RED II approved certification scheme can be used

Emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of laboratory testing or direct emissions measurements.

Amendment

Verification and Certification

Fuel Class

WtT

TtW

Fossil

Default values shall be used as provided in Table 1 of this Regulation

MRV Regulation CO2 carbon factors shall be used for fuels for which such factor is provided

For all other emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of laboratory testing or direct emissions measurements on the slippage and fugitive emission values in accordance with certification and verification schemes laid down in the delegated adopted in accordance with Article 9(3).

Sustainable Renewable Fuels

(Bio Liquids, Bio Gases, e-Fuels)

CO2eq values as provided in RED II (without combustion) can be used for all fuels whose pathways are included in RED II, alternatively

RED II approved certification scheme can be used

Emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Certified values by mean of laboratory testing or direct emissions measurements in accordance with the certification and verification schemes laid down in the Directive (EU) 2018/2001.

Others (including electricity)

CO2eq values as provided in RED II (without combustion) can be used for all fuels whose pathways are included in RED II, alternatively

RED II approved certification scheme can be used

Emissions factors, default values can be used as provided in Table 1 of this Regulation, alternatively

Amendment 165

Proposal for a regulation

Annex II

Text proposed by the Commission

ANNEX II

[...]

Table 1 – Default factors

1

2

3

4

5

6

7

8

9

WtT

TtW

Class /

Feedstock

Pathway name

Energy Converter Class

As % of the mass of the fuel used by the engine

Liquid biofuels

Ethanol E100

0,0268

Ref. to Directive (EU) 2018/2001

All ICEs

1,913

MEPC245 (66)

Regulation (EU) 2015/757

TBM

-

Bio-diesel

Main products / wastes / Feedstock mix

0,0372

Ref. to Directive (EU) 2018/2001

ALL ICEs

2,834

0,00005

TBM

0,00018

TBM

-

HVO

Main products / wastes / Feedstock mix

0,044

Ref. to Directive (EU) 2018/2001

ALL ICEs

3,115

0,00005

0,00018

-

Bio-LNG

Main products / wastes / Feedstock mix

0,05

Ref. to Directive (EU) 2018/2001

LNG Otto (dual fuel medium speed)

2,755

MEPC245 (66),

Regulation (EU) 2015/757

0,00005

0,00018

3,1

LNG Otto (dual fuel slow speed)

1,7

LNG Diesel (dual fuels)

0.2

LBSI

N/A

Gas biofuels

Bio-H2

Main products / wastes / Feedstock mix

0,12

N/A

Fuel Cells

0

-

ICE

0

TBM

Renewable Fuels of non-Biological Origin (RFNBO)

-

(e- fuels)

e-diesel

0,0427

Ref. to Directive (EU) 2018/2001)

ALL ICEs

3,206

MEPC245 (66)

Regulation (EU) 2015/757

0,00005

0,00018

-

e-methanol

0,0199

Ref. to Directive (EU) 2018/2001

All ICEs

1,375

MEPC245 (66)

Regulation (EU) 2015/757

0,00005

0,00018

-

e-LNG

0,0491

Ref. to Directive (EU) 2018/2001

LNG Otto (dual fuel medium speed)

2,755

MEPC245 (66)

Regulation (EU) 2015/757

0

0,00011

3.1

LNG Otto (dual fuel slow speed)

1,7

LNG Diesel (dual fuels)

0.2

LBSI

N/A

e-H2

0,12

3,6

Fuel Cells

0

-

ICE

0

TBM

e-NH3

0,0186

0

No engine

0

N/A

TBM

N/A

Others

Electricity

-

106,3

EU MIX 2020

72

EU MIX 2030

OPS

-

Amendment

Liquid biofuels

Ethanol E100

0,0268

Ref. to Directive (EU) 2018/2001

All ICEs

1,913

MEPC245 (66)

Regulation (EU) 2015/757

TBM

-

Bio-diesel

Main products / wastes / Feedstock mix

0,0372

Ref. to Directive (EU) 2018/2001

ALL ICEs

2,834

0,00005

TBM

0,00018

TBM

-

HVO

Main products / wastes / Feedstock mix

0,044

Ref. to Directive (EU) 2018/2001

ALL ICEs

3,115

0,00005

0,00018

-

Bio-LNG

Main products / wastes / Feedstock mix

0,05

Ref. to Directive (EU) 2018/2001

LNG Otto (dual fuel medium speed)

2,755

MEPC245 (66),

Regulation (EU) 2015/757

0

0,00011

3,1

LNG Otto (dual fuel slow speed)

1,7

LNG Diesel (dual fuels)

0.2

LBSI

N/A

Gas biofuels

Bio-H2

Main products / wastes / Feedstock mix

0,12

N/A

Fuel Cells

0

-

ICE

0

TBM

Renewable Fuels of non-Biological Origin (RFNBO)

e-diesel

0,0427

Ref. to Directive (EU) 2018/2001)

ALL ICEs

3,206

MEPC245 (66)

Regulation (EU) 2015/757

0,00005

0,00018

-

e-methanol

0,0199

Ref. to Directive (EU) 2018/2001

All ICEs

1,375

MEPC245 (66)

Regulation (EU) 2015/757

0,00005

0,00018

-

e-LNG

0,0491

Ref. to Directive (EU) 2018/2001

LNG Otto (dual fuel medium speed)

2,755

MEPC245 (66)

Regulation (EU) 2015/757

0

0,00011

3.1

LNG Otto (dual fuel slow speed)

1,7

LNG Diesel (dual fuels)

0.2

LBSI

N/A

e-H2

0,12

3,6

Fuel Cells

0

-

ICE

0

TBM

e-NH3

0,0186

0

No engine

0

N/A

TBM

N/A

Others

Electricity

-

106,3

EU MIX 2020

72

EU MIX 2030

OPS

-

Amendment 166

Proposal for a regulation

Annex II – paragraph 11

Text proposed by the Commission

Amendment

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 Cf for methane are set to zero.

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 (under the relevant provisions made in Directive (EU) 2018/2001)can be used in place of the default values. For LNG fuels Cf for methane are set to zero.

Amendment 167

Proposal for a regulation

Annex II – paragraph 12

Text proposed by the Commission

Amendment

Column 8 contains the emission factor Cf for nitrous oxide in [gN2O/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.

Column 8 contains the emission factor Cf for nitrous oxide in [gN2O/gfuel]. Default values as contained in the table shall be used. Values certified by mean of testing (under the relevant provisions made in Directive (EU) 2018/2001)can be used in place of the default values.

Amendment 168

Proposal for a regulation

Annex II – paragraph 13

Text proposed by the Commission

Amendment

Column 9 identifies the part of fuel lost as fugitive emissions (Cslip) measure as % of mass of fuel used by the specific energy converter. 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 fuels such as LNG for which the fugitive emissions (slip) exists, the amount of fugitive emissions as presented in Table 1 is expressed in % of the mass of fuel used (Column 9). The values contained in Column 9 shall be used, in accordance with equation (1). The values of Cslip in Table (1) are calculated at 50% of the engine load.

Column 9 identifies the part of fuel lost as fugitive emissions (Cslip) measure as % of mass of fuel used by the specific energy converter. Default values as contained in the table shall be used. Values certified by mean of testing (under the relevant provisions made in Directive (EU) 2018/2001) can be used in place of the default values. For fossil fuels values certified by mean of testing can be used in place of the default values only after the rules for certification and verification schemes on conducting certification of energy conversion systems or fuel consumers, including bench or laboratory testing have been set out in the relevant DA. For fuels such as LNG for which the fugitive emissions (slip) exists, the amount of fugitive emissions as presented in Table1 is expressed in % of the mass of fuel used (Column 9). The values contained in Column 9 shall be used, in accordance with equation (1). The values of Cslip in Table (1) are calculated at 50% of the engine load.

Amendment 169

Proposal for a regulation

Annex III – paragraph 1

Text proposed by the Commission

Amendment

CRITERIA FOR THE USE OF ZERO-EMISSION TECHNOLOGY AS REFERRED TO IN ARTICLES 5(3)(b) and 7(3), points (d) and (f)

CRITERIA FOR THE USE OF ZERO-EMISSION AT BERTH TECHNOLOGY AS REFERRED TO IN ARTICLES 5(3)(b) and 7(3), points (d) and (f)

Amendment 170

Proposal for a regulation

Annex III – paragraph 2

Text proposed by the Commission

Amendment

The following table provides a list of zero-emission technologies as referred to in Article 5(3)(b), as well as, specific criteria for their use as applicable.

The following table provides a list of zero-emission at berth technologies as referred to in Article 5(3)(b), as well as, specific criteria for their use as applicable.

Amendment 171

Proposal for a directive

Annex III – Zero-emission technology

Text proposed by the Commission

Zero-emission technology

Criteria for use

Fuel cells

Fuel cells used on board for power generation while at berth should be fully powered by renewable and low carbon fuels.

On-board Electricity Storage

The use of on-board electricity storage is allowed irrespective on the source of energy that produced the stored power (on-board generation or on-shore in case of battery swapping).

On-board Electricity production from wind, and solar energy

Any ship that is capable to sustain energy needs at berth through the use of wind, and solar energy.

Amendment

Zero-emission technology

Criteria for use

Fuel cells

Fuel cells used on board for power generation while at berth should be fully powered by renewable and low carbon energy sources.

On-board Electricity Storage

The use of on-board electricity storage is allowed irrespective on the source of energy that produced the stored power (on-board generation or on-shore in case of battery swapping).

On-board Electricity production from wind, solar energy

Any ship that is capable to sustain energy needs at berth through the use of wind, solar energy.

Amendment 172

Proposal for a regulation

Annex III – paragraph 3

Text proposed by the Commission

Amendment

The use of these zero-emission technologies shall continuously achieve emissions that are equivalent to the emissions reductions that would be achieved by using on-shore power supply.

The use of these zero-emission at berth technologies shall continuously achieve the same GHG and air pollutant emissions reductions at berth that are equivalent to the emissions reductions that would be achieved by using on-shore power supply for the entire energy needs while at berth.

Amendment 173

Proposal for a regulation

Annex IV

Text proposed by the Commission

ANNEX IV

CERTIFICATE TO BE ISSUED BY THE MANAGING BODY OF THE PORT OF CALL IN CASES WHERE SHIPS CANNOT MAKE USE OF OPS FOR JUSTIFIED REASONS (ARTICLE 5(5)) - MINIMUM ELEMENTS TO BE INCLUDED IN THE CERTIFICATE

For the purposes of this Regulation, the certificate referred to in Article 5(5) shall contain at least the following information:

(1) Ship identification

(a) IMO number

(b) Ship name

(c) Call sign

(d) Ship type

(e) Flag

(2) Port of call

(3) Location/terminal name

(4) Arrival date and time (ATA)

(5) Departure date and time (ATD)

The confirmation from the managing body of the port that the ship was found among any of the following cases:

– the ship made an unscheduled port call for reasons of safety or saving life at sea (Article 5(2), point (c))

– the ship was unable to connect to on-shore power supply due to unavailable connection points in the port (Article 5(2), point (d))

– the on-shore power supply equipment on board was found to be incompatible with the shore installation at the port (Article 5(2), point (e))

– that the ship used, for a limited period of time on-board energy generation, under emergency situations representing immediate risk to life, the ship, or the environment (Article 5(2), point (f)).

(6) Details of the managing body of the port

(a) Name

(b) contact (phone, email)

(7) Date of issue

Amendment

ANNEX IV

CERTIFICATE TO BE ISSUED BY THE MANAGING BODY OF THE PORT OF CALL IN CASES WHERE SHIPS CANNOT MAKE USE OF OPS FOR JUSTIFIED REASONS (ARTICLE 5(5)) - MINIMUM ELEMENTS TO BE INCLUDED IN THE CERTIFICATE

For the purposes of this Regulation, the certificate referred to in Article 5(5) shall contain at least the following information:

(1) Ship identification

(a) IMO number

(b) Ship name

(c) Call sign

(d) Ship type

(e) Flag

(2) Port of call

(3) Location/terminal name

(4) Arrival date and time (ATA)

(5) Departure date and time (ATD)

The confirmation, proven by reasonable evidence, from the managing body of the port that the ship was found among any of the following cases:

– the ship made an unscheduled port call for reasons of safety or saving life at sea (Article 5(2), point (c))

the ship was unable to connect to on-shore power supply due to unavailable connection points in the port (Article 5(2), point (d))

– that the ship used, for a limited period of time on-board energy generation, under emergency situations representing immediate risk to life, the ship, or the environment (Article 5(2), point (f)).

(6) Details of the managing body of the port

(a) Name

(b) contact (phone, email)

(7) Date of issue

Amendment 174

Proposal for a regulation

Annex V

Text proposed by the Commission

ANNEX V

FORMULAS FOR CALCULATING THE COMPLIANCE BALANCE AND PENALTY laid down in Article 20(1)

Formula for calculating the ship’s compliance balance

For the purpose of calculating the compliance balance of a ship the following formula shall apply:

Compliance balance [gCO2eq/MJ] =

(GHGIEtarget - GHGIEactual) x []

Where:

Grams of CO2 equivalent

GHGIEtarget

Greenhouse gas intensity limit of the energy used on-board a ship according to Article 4(2) of this Regulation

GHGIEactual

Yearly average of the greenhouse gas intensity of the energy used on-board a ship calculated for the relevant reporting period

Formula for calculating the penalty laid down in Article 20(1)

The amount of the penalty laid down in Article 20(1) shall be calculated as follows:

Penalty =

(Compliance balance / GHGIEactual) x conversion factor from MJ to tonnes of VLSFO (41.0 MJ / kg) x EUR 2400

Amendment

ANNEX V

FORMULAS FOR CALCULATING THE COMPLIANCE BALANCE AND PENALTY laid down in Article 20(1)

Formula for calculating the ship’s compliance balance

For the purpose of calculating the compliance balance of a ship the following formula shall apply:

Compliance balance [gCO2eq] =

(GHGIEtarget - GHGIEactual) x []

Where:

Grams of CO2 equivalent

GHGIEtarget

Greenhouse gas intensity limit of the energy used on-board a ship according to Article 4(2) of this Regulation

GHGIEactual

Yearly average of the greenhouse gas intensity of the energy used on-board a ship calculated for the relevant reporting period

Formula for calculating the penalty laid down in Article 20(1)

The amount of the penalty laid down in Article 20(1) shall be calculated as follows:

Penalty =

( - Compliance balance / GHGIEactual) x conversion factor from MJ to tonnes of VLSFO (41.0 MJ / kg) x EUR 3000

Amendment 175

Proposal for a regulation

Annex IV

Text proposed by the Commission

ANNEX IV

CERTIFICATE TO BE ISSUED BY THE MANAGING BODY OF THE PORT OF CALL IN CASES WHERE SHIPS CANNOT MAKE USE OF OPS FOR JUSTIFIED REASONS (ARTICLE 5(5)) - MINIMUM ELEMENTS TO BE INCLUDED IN THE CERTIFICATE

For the purposes of this Regulation, the certificate referred to in Article 5(5) shall contain at least the following information:

(1) Ship identification

(a) IMO number

(b) Ship name

(c) Call sign

(d) Ship type

(e) Flag

(2) Port of call

(3) Location/terminal name

(4) Arrival date and time (ATA)

(5) Departure date and time (ATD)

The confirmation from the managing body of the port that the ship was found among any of the following cases:

– the ship made an unscheduled port call for reasons of safety or saving life at sea (Article 5(2), point (c))

– the ship was unable to connect to on-shore power supply due to unavailable connection points in the port (Article 5(2), point (d))

– the on-shore power supply equipment on board was found to be incompatible with the shore installation at the port (Article 5(2), point (e))

– that the ship used, for a limited period of time on-board energy generation, under emergency situations representing immediate risk to life, the ship, or the environment (Article 5(2), point (f)).

(6) Details of the managing body of the port

(a) Name

(b) contact (phone, email)

(7) Date of issue

Amendment

ANNEX IV

CERTIFICATE TO BE ISSUED BY THE MANAGING BODY OF THE PORT OF CALL IN CASES WHERE SHIPS CANNOT MAKE USE OF OPS FOR JUSTIFIED REASONS (ARTICLE 5(5)) - MINIMUM ELEMENTS TO BE INCLUDED IN THE CERTIFICATE

For the purposes of this Regulation, the certificate referred to in Article 5(5) shall contain at least the following information:

(1) Ship identification

(a) IMO number

(b) Ship name

(c) Call sign

(d) Ship type

(e) Flag

(2) Port of call

(3) Location/terminal name

(4) Arrival date and time (ATA)

(5) Departure date and time (ATD)

The confirmation, proven by reasonable evidence, from the managing body of the port that the ship was found among any of the following cases:

– the ship made an unscheduled port call for reasons of safety or saving life at sea (Article 5(2), point (c))

– that the ship used, for a limited period of time on-board energy generation, under emergency situations representing immediate risk to life, the ship, or the environment (Article 5(2), point (f)).

(6) Details of the managing body of the port

(a) Name

(b) contact (phone, email)

(7) Date of issue

Justification

Changes reflecting Amendments in Article 5

Amendment 176

Proposal for a regulation

Annex V a (new)

Text proposed by the Commission

Amendment

ANNEX Va: Calculation of adjusted mass of fuel is applied

First, this annex describes how to calculate the adjusted mass of fuel using the additional energy due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and the additional energy used by a ship having the ice class IC, IB, IA or IA Super or an equivalent ice class due to sailing in ice conditions. Second, it describes how to calculate the additional energies.

Adjusted mass [Mj A]

The [Mi A] adjusted mass of fuel is calculated on the basis of the additional energy used for sailing in ice conditions and the additional energy used due to technical properties of a ship having an ice class IA or IA Super or and equivalent ice class. The company may choose to which fuel i the additional energy is allocated. The selected fuel i must be one of the fuels that the ship has consumed during the reporting period. The amount of the energy corresponding to the consumed mass of the fuel i may be lower than the amount of the additional energy.

The [Mi A] adjusted mass of fuel i is calculated as follows

, (Ax.1)

where Mi total denotes the total mass of fuel i, Mi additional due to ice class the mass of fuel due to additional energy consumption of a ship having the ice class IA or IA Super or an equivalent ice class and Mi additional due to ice conditions the mass of fuel due to additional energy consumption due to sailing in ice conditions.

The mass of fuel i representing the additional energy consumption due to technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class is calculated with

, (Ax.2)

where Eadditional due to ice class is the additional energy consumption due to the technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class and LCVi is the lower caloric value of the fuel i.

Similarly, the mass of fuel due to additional energy consumption due to sailing in ice conditions is calculated using

, (Ax.3)

where Eadditional due to ice conditions is the additional energy consumption due to sailing in ice conditions.

Additional energy due to ice class and due to sailing in ice conditions

The additional energy consumption due to the technical characteristics of a ship having the ice class IA or IA Super or an equivalent ice class is calculated as follows

, (Ax.4)

where Evoyages, total denotes the total energy consumed for all voyages and Eadditional due to ice conditions additional energy consumption due to sailing in ice conditions.

The total energy consumed for all voyages is calculated using

, (Ax.5)

where Mi, voyages, total denotes the mass of fuel i consumed for all voyages within the scope of the regulation, LCVi the lower caloric value of fuel i and E elect., voyages, total the amount of the electricity delivered to the ship consumed for all voyages.

The mass of fuel i Mi, voyages, total consumed for all voyages within the scope of the regulation is calculated with

, (Ax.6)

where Mi, voyages between MS denotes the aggregated mass of fuel consumed during all voyages between ports under a Member State's jurisdiction, Mi, voyages from MS the aggregated mass of fuel consumed during all voyages which departed from ports under a Member State's jurisdiction and Mi, voyages to MS the aggregated mass of fuel consumed during voyages to ports under a Member State's jurisdiction. The consumed amount of the electricity delivered to the ship E elect., voyages total can be calculated in the same way.

The additional energy consumption due to sailing in ice conditions is calculated as follows

, (Ax.7)

where E voyages, open water denotes the energy consumed on voyages in open water and Evoyages, ice conditions, adjusted the adjusted energy consumed in ice conditions.

The energy consumed for voyages that include sailing in open water only is calculates as follows

(Ax.8)

where Evoyages, ice conditions denotes energy consumed for sailing in ice conditions, which is calculated as follows

(Ax.9)

where Mi, voyages, ice conditions denotes the mass of fuel i consumed for sailing in ice conditions and E elect., voyages, total denotes the amount of the electricity delivered to the ship consumed when sailing in ice conditions.

The mass of fuel i consumed for sailing in ice conditions is defined as follows

, (Ax.10)

where Mi, voyages between MS, ice cond. denotes the aggregated mass of fuel consumed by an ice-classed ship when sailing in ice conditions between ports under a Member State's jurisdiction, Mi, voyages from MS the aggregated mass of fuel consumed by an ice-classed ships when sailing in ice conditions during all voyages which departed from ports under a Member State's jurisdiction and Mi, voyages to MS the aggregated mass of fuel consumed by an ice-class ship when sailing in ice conditions during voyages to ports under a Member State's jurisdiction. The consumed amount of the electricity delivered to the ship E ice conditions can be calculated in the same way.

The adjusted energy consumed in ice conditions is calculated using

(Ax.11)

with the distance travelled when sailing in ice conditions Dice conditions and energy consumption per distance travelled in open water .

The distance travelled when sailing in ice conditions Dice conditions is calculated as follows

, (Ax.12)

where D voyages between MS, ice cond. denotes the aggregated distance travelled when sailing in ice conditions between ports under a Member State's jurisdiction, D voyages from MS the aggregated distance when sailing in ice conditions during all voyages which departed from ports under a Member State's jurisdiction and D voyages to MS the aggregated distance when sailing in ice conditions during voyages to ports under a Member State's jurisdiction.

The latter is defined as follows:

, (Ax.13)

where E voyages, ice conditions denotes the energy consumption when sailing in ice conditions and D total the total annual distance travelled.

The total annual distance travelled is calculated as follows

, (Ax.14)

where D voyages between MS denotes the aggregated distance travelled between ports under a Member State's jurisdiction, D voyages from MS the aggregated distance travelled during all voyages which departed from ports under a Member State's jurisdiction and D voyages to MS the aggregated distance travelled during voyages to ports under a Member State's jurisdiction.

ANNEX: LIST OF ENTITIES OR PERSONS

FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft opinion, until the presentation thereof in committee:

Entity and/or person

Teneo Brussels 91124993695-29

EUROGAS aisbl (Eurogas) 17909506129-41

Wärtsilä Corporation 289922721213-66

European Community Shipowner's Associations (ECSA) 59004966537-01

European Sea Ports Organisation (ESPO) 01554483175-08

FEPORT (FEPORT) 801302611511-33

Conference of Peripheral Maritime Regions (CRPM) (CRPM - CPMR) 5546423688-07

Hanse Office

A.P. Møller - Mærsk A/S (APMM) 680443918500-51

Transport and Environment (European Federation for Transport and Environment) (T&E) 58744833263-19

International Council on Clean Transportation (ICCT) 06250094777-73

Seas At Risk (SAR) 625261439488-38

Hydrogen Europe (HE) 77659588648-75

European Producers Union of Renewable Ethanol (ePURE) 32591134448-30

IHK Nord e.V. - Arbeitsgemeinschaft norddeutscher Industrie- und Handelskammern (IHK Nord) 006411421255-36

Port of Copenhagen

Port of Hamburg

MAN Energy Solutions SE 101247832736-33

Rolls-Royce plc 58290033126-06

Environmental Defense Fund, Incorporated (EDF) 173460831899-75

IBERDROLA (IBE) 41816938101-07

Clean Arctic Alliance

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

The use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC

References

COM(2021)0562 – C9-0333/2021 – 2021/0210(COD)

Committee responsible

Date announced in plenary

TRAN

13.9.2021

Opinion by

Date announced in plenary

ITRE

13.9.2021

Associated committees - date announced in plenary

11.11.2021

Rapporteur for the opinion

Date appointed

Rasmus Andresen

30.9.2021

Discussed in committee

2.2.2022

Date adopted

2.6.2022

Result of final vote

+:

–:

0:

59

9

6

Members present for the final vote

Matteo Adinolfi, François-Xavier Bellamy, Hildegard Bentele, Tom Berendsen, Manuel Bompard, Paolo Borchia, Markus Buchheit, Cristian-Silviu Buşoi, Jerzy Buzek, Maria da Graça Carvalho, Ciarán Cuffe, Josianne Cutajar, Nicola Danti, Pilar del Castillo Vera, Martina Dlabajová, Christian Ehler, Valter Flego, Niels Fuglsang, Lina Gálvez Muñoz, Claudia Gamon, Jens Geier, Nicolás González Casares, Bart Groothuis, Christophe Grudler, András Gyürk, Henrike Hahn, Robert Hajšel, Ivo Hristov, Ivars Ijabs, Romana Jerković, Eva Kaili, Izabela-Helena Kloc, Łukasz Kohut, Zdzisław Krasnodębski, Andrius Kubilius, Miapetra Kumpula-Natri, Thierry Mariani, Marisa Matias, Eva Maydell, Georg Mayer, Joëlle Mélin, Iskra Mihaylova, Angelika Niebler, Ville Niinistö, Aldo Patriciello, Mauri Pekkarinen, Mikuláš Peksa, Tsvetelina Penkova, Morten Petersen, Pina Picierno, Markus Pieper, Clara Ponsatí Obiols, Manuela Ripa, Robert Roos, Sara Skyttedal, Maria Spyraki, Jessica Stegrud, Beata Szydło, Grzegorz Tobiszowski, Patrizia Toia, Evžen Tošenovský, Marie Toussaint, Isabella Tovaglieri, Viktor Uspaskich, Henna Virkkunen, Pernille Weiss, Carlos Zorrinho

Substitutes present for the final vote

Giorgos Georgiou, Klemen Grošelj, Sandra Pereira, Ernő Schaller-Baross, Jordi Solé, Tomas Tobé, Viola Von Cramon-Taubadel

VOTE FINAL PAR APPEL NOMINAL EN COMMISSION SAISIE POUR AVIS

Légende des signes utilisés:

PROCEDURE – COMMITTEE RESPONSIBLE

Title

The use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC

References

COM(2021)0562 – C9-0333/2021 – 2021/0210(COD)

Date submitted to Parliament

15.7.2021

Committee responsible

Date announced in plenary

TRAN

13.9.2021

Committees asked for opinions

Date announced in plenary

ENVI

13.9.2021

ITRE

13.9.2021

Associated committees

Date announced in plenary

ENVI

11.11.2021

ITRE

11.11.2021

Rapporteurs

Date appointed

Jörgen Warborn

29.10.2021

Discussed in committee

1.12.2021

2.2.2022

20.4.2022

17.5.2022

Date adopted

3.10.2022

Result of final vote

+:

–:

0:

36

6

2

Members present for the final vote

Andris Ameriks, Erik Bergkvist, Izaskun Bilbao Barandica, Paolo Borchia, Karolin Braunsberger-Reinhold, Ciarán Cuffe, Jakop G. Dalunde, Anna Deparnay-Grunenberg, Ismail Ertug, Giuseppe Ferrandino, Carlo Fidanza, Søren Gade, Isabel García Muñoz, Elsi Katainen, Elena Kountoura, Bogusław Liberadzki, Peter Lundgren, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Caroline Nagtegaal, Jan-Christoph Oetjen, Philippe Olivier, Rovana Plumb, Dominique Riquet, Massimiliano Salini, Vera Tax, Barbara Thaler, Henna Virkkunen, Lucia Vuolo, Roberts Zīle

Substitutes present for the final vote

Leila Chaibi, Nicola Danti, Mario Furore, Roman Haider, Ljudmila Novak, Jutta Paulus, Dorien Rookmaker, Annalisa Tardino, Kathleen Van Brempt, Marianne Vind, Jörgen Warborn

Substitutes under Rule 209(7) present for the final vote

Iuliu Winkler

Date tabled

4.10.2022

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

Key to symbols:

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

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

EXPLANATORY STATEMENT

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

OPINION OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY

OPINION OF THE COMMITTEE ON INDUSTRY, RESEARCH AND ENERGY

PROCEDURE – COMMITTEE RESPONSIBLE

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE