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DRAFT REPORT (COM(2023)0441 – C90305/2023 – 2023/0266(COD)) 2023-12-11

On the proposal for a regulation of the European Parliament and of the Council on the accounting of greenhouse gas emissions of transport services

Committee on the Environment, Public Health and Food Safety Committee on Transport and Tourism · Rapporteur: Pascal Canfin, Barbara Thaler

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DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the accounting of greenhouse gas emissions of transport services

(COM(2023)0441 – C90305/2023 – 2023/0266(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0441),

– having regard to Article 294(2) and Articles 91(1) and 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90305/2023),

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

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

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

– having regard to the joint deliberations of the Committee on the Environment, Public Health and Food Safety and the Committee on Transport and Tourism under Rule 58 of the Rules of Procedure,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety and the Committee on Transport and Tourism (A90000/2023),

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 9 a (new)

Text proposed by the Commission

Amendment

(9a) Data intermediaries offering multimodal digital mobility services provide consumers with several choices based on traveltime, related costs and mode of travel. Those data intermediaries should also be able to provide consumers with the information about the greenhouse gas emissions of a particular journey based on primary data. Therefore, entities concerned or other relevant legal or natural persons should be obliged to provide that information to data intermediares.

Or. en

Amendment 2

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12) EN ISO standard 14083:2023, published by the European Committee for Standardisation57 in April 2023, and transposing ISO standard 14083:2023, was chosen to be the reference methodology for calculating greenhouse gas emissions of transport services under this Regulation. The analysis showed that ISO standard 14083:2023 proved to be the most relevant and proportional in addressing the objectives of this Regulation. The quantification of emissions is performed on a well-to-wheel basis, which includes greenhouse gas emissions stemming from energy provision and vehicle use during transport and hub operations. The Commission, in cooperation with the European Committee for Standardisation and the national standardisation bodies of the Member States, should strive to provide the transport sector with access to that ISO standard free of charge or at reduced rate, with priority being given to micro, small and medium-sized Enterprises ('SMEs') as defined in Commission Recommendation 2003/361/EC.

__________________

57 https://www.cencenelec.eu

Or. en

Amendment 3

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15) Different types of input data, including primary and secondary data, can be used to calculate greenhouse gas emissions of transport services. The use of primary data leads to most reliable and accurate results, and therefore should be prioritised to provide for the gradual uptake of these data in greenhouse gas emissions calculation processes. However, primary data might be unattainable or prohibitively expensive for certain stakeholders, especially SMEs. Therefore, the use of secondary data should be allowed under clear conditions.

(15) Different types of input data, including primary and secondary data, can be used to calculate greenhouse gas emissions of transport services. The use of primary data leads to most reliable and accurate results, and therefore should be mandatory in greenhouse gas emissions calculation processes. However, primary data might be unattainable or prohibitively expensive for SMEs. Therefore, SMEs should be allowed to use secondary data under clear conditions.

Or. en

Amendment 4

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17) A core EU database of default values for greenhouse gas emission intensity should therefore be established to improve the comparability of greenhouse gas emissions results obtained in the application of this Regulation. However, given the sectorial, national and regional specificities of those default values across the Union, other relevant databases and datasets operated by third parties should be allowed on the condition that they undergo a technical quality check at Union level.

(17) A core EU database of default values for greenhouse gas emission intensity by mode of transport should therefore be established to improve the comparability of greenhouse gas emissions results obtained in the application of this Regulation. However, given the sectorial, national and regional specificities of those default values across the Union, other relevant databases and datasets operated by third parties should be allowed on the condition that they undergo a technical quality check at Union level.

Or. en

Amendment 5

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26) External calculation tools that are provided on the market for the broader commercial and non-commercial use can facilitate the accounting of greenhouse gas emissions of transport services, thus supporting its uptake by the wider groups of stakeholders. The use of these tools should be certified to guarantee that they conform to the requirements of this Regulation, especially as regards the use of the common reference methodology and an appropriate set of input data.

Or. en

Amendment 6

Proposal for a regulation

Recital 33 a (new)

Text proposed by the Commission

Amendment

(33a) When reviewing this Regulation, the Commission should assess the impact of requiring all economic operators and other entities organising and providing transport services to quantify and disclose greenhouse gas emissions in accordance with this Regulation.

Or. en

Amendment 7

Proposal for a regulation

Article 3 – paragraph 1 – point 16

Text proposed by the Commission

Amendment

(16) “greenhouse gas emission intensity” means coefficient relating specified greenhouse gas activity data with the greenhouse gas emission

(16) “greenhouse gas emission intensity” means the coefficient relating transport activity or hub activity greenhouse gas activity data with the greenhouse gas emission

Or. en

Amendment 8

Proposal for a regulation

Article 3 – paragraph 1 – point 16 a (new)

Text proposed by the Commission

Amendment

(16a) "transport activity" means the parameter that quantifies passenger or freight transport

Or. en

Amendment 9

Proposal for a regulation

Article 3 – paragraph 1 – point 16 b (new)

Text proposed by the Commission

Amendment

(16b) "hub activity" means the parameter that quantifies the throughput of a hub

Or. en

Amendment 10

Proposal for a regulation

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Entities referred to in Article 2 shall prioritise the use of primary data for calculating greenhouse gas emissions of a transport service.

1. Entities referred to in Article 2 shall use primary data to calculate the greenhouse gas emissions of a transport service, with the exception of services provided by micro, small and medium-sized enterprises (SMEs) as defined in Commission Recommendation 2003/361/EC. SMEs shall prioritise the use of primary data for calculating greenhouse gas emissions of a transport service

Or. en

Amendment 11

Proposal for a regulation

Article 5 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. The use of secondary data for calculating greenhouse gas emissions of a transport service shall be allowed under the following conditions:

2. The use of secondary data for calculating greenhouse gas emissions of a transport service shall be allowed for SMEs under the following conditions:

Or. en

Amendment 12

Proposal for a regulation

Article 6 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. When developing the default greenhouse gas emission intensity values, the Commission shall apply the location-based approach for which the standard referred to in Article 4 provides (“the location based approach”), and ensure that those default values are consistent with other applicable Union law.

Or. en

Amendment 13

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. When developing the default greenhouse gas emission factors, the Commission shall apply the location-based approach and ensure that those default factors are consistent with other applicable Union law.

Or. en

Amendment 14

Proposal for a regulation

Article 9 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. The output data as a minimum shall consist total mass of carbon dioxide equivalent (CO2e) per transport service, and, in relation to a type of transport service concerned, at least one of the following data metrics:

3. The output data shall consist of the total mass of carbon dioxide equivalent (CO2e) per transport service, and, in relation to a type of transport service concerned, at least one of the following data metrics:

Or. en

Amendment 15

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. Calculation tool developer shall submit an application to a conformity assessment body that shall assess the compliance of the calculation tool with the requirements laid down in Articles 4 to 9. In the case of a positive assessment, the conformity assessment body shall issue a certificate of conformity of the calculation tool to this Regulation. In the case of a negative assessment, the conformity assessment body shall provide the reasons for the negative assessment to the applicant.

2. Calculation tool developer shall submit an application to a conformity assessment body that shall assess the compliance of the calculation tool with the requirements laid down in Articles 4 to 9. In the case of a positive assessment, the conformity assessment body shall issue a certificate of conformity of the calculation tool to this Regulation specifying whether the tool supports calculations based on primary data. In the case of a negative assessment, the conformity assessment body shall provide the reasons for the negative assessment to the applicant.

Or. en

Amendment 16

Proposal for a regulation

Article 13 – paragraph 6

Text proposed by the Commission

Amendment

6. Upon completion of the verification, the conformity assessment body shall draw up, where appropriate, a proof of compliance confirming that the output data comply with the respective requirements set out in this Regulation.

6. Upon completion of the verification, the conformity assessment body shall draw up a proof of compliance confirming that the output data comply with the respective requirements set out in this Regulation and specifying whether the entity uses primary data.

Or. en

EXPLANATORY STATEMENT

On 11th July 2023, the Commission adopted the proposal for a Regulation on counting the greenhouse gas (GHG) emissions of transport services in EU (CountEmissionsEU) as part of the Greening freight transport legislative package.

GHG emissions accounting is a measure used in various economic sectors to generate GHG emissions data from specific activities of businesses and individuals. In the transport sector, transparent information on emissions of transport services empowers customers to make well-informed choices and influences business decisions of entities organising and providing these services on the market. Making reliable data on emissions available can encourage sustainability, innovation and behavioural change towards more sustainable transport options.

CountEmissionsEU provides a common framework for quantifying the GHG emissions of transport services based on an ISO standard. The objective is to improve the comparability of GHG emissions data shared in the entire multimodal transport chain. Additionally, the initiative aims to encourage economic operators and other relevant entities to increasingly adopt GHG emissions accounting, thereby contributing to the reduction of GHG emissions from transport services.

The Commission proposal does not make GHG emissions calculation or disclosure mandatory. However, it requires entity providing or organising a transport service using the common framework laid down in this proposal when disclosing data or if other Union laws or applicable national law requires such calculation and disclosure.

ISO standard 14083:2023

The Commission is proposing as the single methodology, the new ISO standard 14083:2023, for calculating emissions from transport services. This standard is recognised worldwide, thus creating the opportunity for global alignment.

Input data

In order to ensure comparable and accurate GHG calculation outputs, the Commission proposal prioritise the use of primary data. However, as primary data might be unattainable or prohibitively expensive for certain stakeholders, the use of secondary data, including default values, should be allowed under clear conditions. The Commission will create a harmonised set of default values that will be published in central EU databases while allowing the use of certified external databases developed by third parties. To encourage the use of primary data, the Rapporteurs make the use of primary data mandatory for all concerned entities, except for SMEs. They are also proposing that proofs of compliance issued by conformity assessment bodies should clearly specify whether concerned entities have used primary data. Finally, they plan to disclose whether external calculation tools support calculations based on primary data.

Entry into force and implementation

As part of the review clause, the Rapporteurs ask the Commission to assess the impacts of introducing a mandatory requirement for entities providing or organising a transport service to quantify and disclose greenhouse gas emissions.

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

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur Canfin declares that he has received input from the following entities or persons in the preparation of the draft report:

Entity and/or person

CEFIC

SNCF

T&E

ICCT

Smart Freight Centre

ADEME

Trainline

La Poste

BEUC

Arbeiterkammer Wien AK

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteure Thaler declares that she has received input from the following entities or persons in the preparation of the draft report:

Entity and/or person

CEFIC

SNCF

IRU

Trainline

Arbeiterkammer Wien AK

ZF Group

DHL Group

ERFA

ÖBB

WKÖ

UIRR

CIPRA

Climanomics

Land Tirol

The lists above are drawn up under the exclusive responsibility of the rapporteurs.