Changes from plenary report to adopted text

▸5 unchanged paragraphs

Recital 36: (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.

Recital 37: (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.

Recital 39: (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.

Recital 40: (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.

Recital 42: (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.

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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.

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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.

Recital 43: (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,

Article 1 – paragraph 1 – point a: (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

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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.

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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.

Article 2 – paragraph 1 – introductory part: This Regulation applies to all ships above a gross tonnage of 5000, regardless of their flag in respect of:

Article 2 – paragraph 1 – point b: (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,

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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

Article 2 – paragraph 1 – point c: (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.

Article 2 – paragraph 2: 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.

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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).

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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.

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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.

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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.

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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.

Article 3 – paragraph 1 – point h: (h) ‘substitute sources of energy’ means renewable energy generated on-board or electricity supplied from on-shore power supply;

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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;

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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;

Article 3 – paragraph 1 – point m: (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;

Article 3 – paragraph 1 – point n: (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;

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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;

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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;

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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;

▸7 unchanged paragraphs

Article 3 – paragraph 1 – point r: (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;

Article 4 – paragraph 2 – indent 3: — -20% from 1 January 2035;

Article 4 – paragraph 2 – indent 4: — -38% from 1 January 2040;

Article 4 – paragraph 2 – indent 5: — -64% from 1 January 2045;

Article 4 – paragraph 2 – indent 6: — -80% from 1 January 2050.

Article 4 – paragraph 2 – subparagraph 1: [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.]

Article 4 – paragraph 3: 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.

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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.

Article 4 – paragraph 4: 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.

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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.

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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…

▸4 unchanged paragraphs

Article 5 – paragraph 1: 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.

Article 5 – paragraph 3 – point b: (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;

Article 5 – paragraph 3 – point d: (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;

Article 5 – paragraph 3 – point e: (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;

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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.

Article 5 – paragraph 4: 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.

Article 5 – paragraph 5: 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.

Article 5 – paragraph 6: deleted

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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.

Article 6 – paragraph 4: 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.

Article 7 – paragraph 3 – point e: (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;

Article 7 – paragraph 3 – point k: (k) a description of the method to be used to determine surrogate data for closing data gaps or for identifying and correcting data errors;

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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.

Article 8 – paragraph 1: 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.

Article 8 – paragraph 2 – introductory part: 2. Companies shall modify the monitoring plan without undue delay in any of the following situations:

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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.

Article 9 – paragraph 2: 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.

Article 9 – paragraph 3: 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

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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.

Article 10 – paragraph 1: 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.