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Changes from plenary report to adopted text

A-9-2022-0233 → TA-9-2022-0367

From
A-9-2022-0233 Plenary report of 4 Oct 2022
To
TA-9-2022-0367 Adopted text of 19 Oct 2022
Changes
61 changes to the text
Paragraphs
+3 added · −32 removed · 63 changed
More facts (2)
Title (from)
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
Title (to)
Sustainable maritime fuels (FuelEU Maritime Initiative) ***I
Cite Link to this page

Changes that matter, 61

Changes to the text in document order — the ones the change notes describe. Cover page, renumbering and punctuation-only edits are left out (see “Every difference”); changes to citations and references stay in and are marked as formal in the notes.

Change 1

Removed– after consulting the Committee of the Regions,

Change 2

ChangedRecital 1 a (new): (1 a)(1a) 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 / 1a European Community Shipowners’ Association report “The Economic Value of the EU Shipping Industry”, 2020.

Change 3

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

Change 4

ChangedRecital 2 a (new): (2 a)(2a) 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.Theavailable. 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.

Change 5

ChangedRecital 3 a (new): (3 a)(3a) 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.

Change 6

ChangedRecital 4 a (new): (4 a)(4a) 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.

Change 7

ChangedRecital 4 b (new): (4 b)(4b) In order to ensure the necessary degree of legal and investment certainity,certainty, 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.

Change 8

ChangedRecital 4 c (new): (4 c)(4c) 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).

Show 53 more changes

Change 9

ChangedRecital 5 a (new): (5 a)(5a) 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 th…the…

Change 10

ChangedRecital 5 b (new): (5 b)(5b) 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.

Change 11

ChangedRecital 5 c (new): (5 c)(5c) 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.

Change 12

ChangedRecital 7 a (new): (7 a)(7a) 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.

Change 13

ChangedRecital 10 a (new): (10 a)(10a) 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.

Change 14

ChangedRecital 11: (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 martimemaritime transport already in the short term.

Change 15

ChangedRecital 11 a (new): (11 a)(11a) 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.RFNBOs. 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 RNFBOsRFNBOs in the fuel energy mix. To facilitate compliance with the minimum share of RNFBOs,RFNBOs, 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 RNFBOsRFNBOs were not delivered according to agreed conditions.

Change 16

ChangedRecital 24 a (new): (24 a)(24a) 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.

Change 17

ChangedRecital 24 b (new): (24 b)(24b) 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.

Change 18

ChangedRecital 24 c (new): (24 c)(24c) 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.

Change 19

ChangedRecital 24 d (new): (24 d)(24d) 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.

Change 20

ChangedRecital 27 a (new): (27 a)(27a) 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(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.

Change 21

ChangedRecital 28: (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 .Council24.

Change 22

ChangedRecital 31 a (new): (31 a)(31a) 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.

Change 23

ChangedRecital 42 a (new): (42 a)(42a) 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.

Change 24

ChangedRecital 42 b (new): (42 b)(42b) 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 / 1a European Commission, Brussels, Commission Staff Working Document, Better Regulation Guidelines, 3.11.2021 SWD(2021) 305 final.SWD(2021)0305.

Change 25

ChangedArticle 1 – paragraph 1 – point b: (b) an obligation to use on-shore power supply or zero-emission technology in ports under the jurisdiction of a Member State,State.

Change 26

ChangedArticle 1 – paragraph 1 – subparagraphfinal 1:part: 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.

Change 27

ChangedArticle 2 – paragraph 1 – point b a (new): (b a)(ba) 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

Change 28

ChangedArticle 2 – paragraph 2 a (new): 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).

Change 29

ChangedArticle 2 – paragraph 2 b (new): 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.

Change 30

ChangedArticle 2 – paragraph 2 c (new): 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.

Change 31

ChangedArticle 2 – paragraph 2 d (new): 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.

Change 32

ChangedArticle 2 – paragraph 2 e (new): 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.

Change 33

ChangedArticle 3 – paragraph 1 – point h a (new): (h(ha) a)‘wind ‘windpropulsion’propulsion’ 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.sailing;

Change 34

ChangedArticle 3 – paragraph 1 – point i: (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.port;

Change 35

ChangedArticle 3 – paragraph 1 – point q a (new): (q a)(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;

Change 36

ChangedArticle 3 – paragraph 1 – point q b (new): (q b)(qb) 'sailing in ice conditions' means the sailing by an ice class ship in a sea area within the ice edge;

Change 37

ChangedArticle 3 – paragraph 1 – point q c (new): (q c)(qc) 'ice edge' means the demarcation at any given time between the open sea and sea ice of any kind, whether fast or drifting;

Change 38

ChangedArticle 4 – paragraph 3 a (new): 3 a.3a. 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.

Change 39

ChangedArticle 4 – paragraph 4 a (new): 4 a.4a. 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.

Change 40

ChangedArticle 4 a (new): Article 4 a4a / 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 RegulationDirective 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 Paragraphparagraph 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…obligations i…

Change 41

ChangedArticle 5 – paragraph 3 a (new): 3 a.3a. 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.

Change 42

ChangedArticle 5 – paragraph 7 a (new): 7 a.7a. 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.

Change 43

ChangedArticle 7 – paragraph 3 a (new): 3 a.3a. 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.

Change 44

ChangedArticle 8 – paragraph 2 – point e a (new): (e a)(ea) where methods to prevent data gaps and identify data errors have been found to be inadequate to ensure data solidity and transparency.

Change 45

ChangedArticle 9 a (new): Article 9 a9a / 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.

Change 46

ChangedArticle 13 – paragraph 1 a (new): 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;regulation.

Change 47

ChangedArticle 14 – paragraph 1 a (new): 1 a.1a. 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,conditions; / (c) the amount of each type of fuel consumed when sailing in ice conditions,conditions; / (d) the amount of each type of substitute source of energy consumed when sailing in ice conditions,conditions; / (e) the distance travelled when sailing in ice conditions,conditions; / (f) the distance travelled during the voyage,voyage; / (g) the amount of each type of fuel consumed at seasea; and / (h) the amount of each type of substitute source of energy consumed at sea.

Change 48

ChangedArticle 15 – paragraph 2 – point c a (new): (c a)(ca) compile that information, provided pursuant to Article 14(3), and submit it to the Member State’s competent authority.

Change 49

ChangedArticle 15 – paragraph 3 a (new): 3 a.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) and shall notify it to the company.

Change 50

ChangedArticle 16 – paragraph 3: 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,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.

Change 51

ChangedArticle 17 – paragraph 1: 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 RNFBORFNBO 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.

Change 52

ChangedArticle 18 – paragraph 1: 1. The compliance balances for greenhouse gas intensity and RNFBORFNBO 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.

Change 53

ChangedArticle 20 – paragraph 3 a (new): 3 a.3a. 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.

Change 54

ChangedArticle 20 – paragraph 3 b (new): 3 b.3b. 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.

Change 55

ChangedArticle 28 – paragraph 1 – introductory part: 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 CommisionCommission 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:

Change 56

ChangedArticle 28 – paragraph 1 d (new): 1d. By 1January1 January 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.1aThatpackage1a. That 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), 14July14 July 2021

Change 57

ChangedArticle 28 – paragraph 1 e (new): 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,owners, operators, ports and verifiers to a minimum.

Change 58

ChangedArticle 28 a (new): Article 28 a28a / 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.

Change 59

ChangedAnnex I – paragraph 4 – subparagraph 1 – introductory part: The term MULT in the denominator of Equation (1) shall be set to the value of the RNFBORFNBO multiplier asreferredas referred to in Article 4a (2) in accordance with Article 9 (1 b). For all other fuels, the multiplier shall be set to one.

Change 60

ChangedAnnex I – paragraph 5: 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.Va.

Change 61

ChangedAnnex II – paragraph 8: 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 .fuel33.

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European Parliament (2022). “Changes between A-9-2022-0233 and TA-9-2022-0367”. Text, 19 October 2022. from A-9-2022-0233, to TA-9-2022-0367. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/A-9-2022-0233/compare/TA-9-2022-0367 (retrieved 26 September 2026). Data: European Parliament Open Data, https://data.europarl.europa.eu/ (CC BY 4.0).
BibTeX 
@misc{epw-text-2022-10-19,
  author = {{European Parliament}},
  title = {{Changes between A-9-2022-0233 and TA-9-2022-0367}},
  year = {2022},
  date = {2022-10-19},
  howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/A-9-2022-0233/compare/TA-9-2022-0367}},
  url = {https://news.eu-parl.st-solutions.dev/texts/A-9-2022-0233/compare/TA-9-2022-0367},
  urldate = {2026-09-26},
  publisher = {EU Parl Watch Research},
  note = {Text. from A-9-2022-0233, to TA-9-2022-0367. Data: European Parliament Open Data (CC BY 4.0)}
}