Changes from plenary report to plenary report

RemovedArticle 6 – paragraph 1 d (new): 1d. Until the core EU database is established, entities may refer to other national databases, which are deemed to have been verified, pursuant to Article 13(8) or which have been verified under other existing Union law provided that such data is available at the same aggregation level as the one required by this Regulation.

RemovedArticle 6 – paragraph 2: 2. The Commission shall ensure, at least annually, the maintenance, update, continuous development, and an appropriate level of security of the database referred to in paragraph 1, taking into account for the evolution of the technological state-of-the-art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions. Any updates to the default values shall be notified to the public without delay. Following such an update, concerned entities shall use the latest available data to calculate and disclose their greenhouse gas emissions information.

RemovedArticle 6 – paragraph 2 a (new): 2a. The Commission, with the assistance of the European Environmental Agency, and taking into account the expertise of relevant stakeholders, shall ensure that technical quality checks of default values for greenhouse gas emission intensity are conducted, similarly to those applicable to databases or datasets operated by third parties.

RemovedArticle 6 – paragraph 3: 3. Access to the database referred to in paragraph 1, to consult or use default emission intensity values shall be easily accessible, open to the public, and free of charge.

RemovedArticle 7 – paragraph 1: 1. A database or dataset referred to in Article 5 (2), point (a)(ii) may only be used to derive secondary data as long as it provides more granular or sector related data than the ones included in the core EU database referred to in Article 6. A developer of a database or dataset referred to in Article 5 (2), point (a)(ii) shall submit an application to the Commission for a technical quality check of default values for greenhouse gas emission intensity included in that database or dataset. The Commission, with the assistance of the European Environmental Agency, shall conduct the technical quality check in accordance with the requirements set out in Articles 4 to 8 of this Regulation. The technical quality check shall be conducted within 12 months from the official receipt of the application.

RemovedArticle 7 – paragraph 1 a (new): 1a. The technical quality check of databases and datasets of default values for greenhouse emission intensity referred in paragraph 1 shall include a comparison between emissions as reported by using primary data, and emissions as they would be reported using the database or default values, for equivalent representative use cases. Databases and default values that would lead to the resulting emissions being understated as compared to those stated in primary data reporting shall receive a negative assessment from the technical quality check.

RemovedArticle 7 – paragraph 1 b (new): 1b. The technical quality check shall also ensure that databases and datasets operated by third parties comply with the rules detailed in the delegated act referred to in paragraph 2a of Article 5.

RemovedArticle 7 – paragraph 2: 2. Only databases and datasets of default emission intensity values that have been positively assessed in that technical quality check referred to paragraph 1 shall be used for the purpose of using secondary data in accordance with Article 5 (2), point (a)(ii). The Commission shall publish and maintain an up-to-date list of the databases of default values for greenhouse gas emission intensity operated by third parties that have been positively assessed. The up-to-date list shall be publicly available on a dedicated website.

RemovedArticle 7 – paragraph 3: 3. The technical quality check is required as from 12 months after the date of the application mentioned in paragraph 1, at the latest. A record of positive assessment of that quality check shall be valid for two years.

RemovedArticle 7 – paragraph 4 a (new): 4a. Access to the database referred to in paragraph 1, to consult or use default emission intensity values shall be open to the public and free of charge for SMEs.

RemovedArticle 8 – paragraph 1: 1. By ... [12 months from the date of entry into force of this Regulation], the Commission, with the assistance of the European Environmental Agency, and taking into account the expertise of relevant stakeholders and other sectoral EU bodies, shall establish a central EU database of default greenhouse gas emission factors referred to in Article 5(2), point (b).

RemovedArticle 8 – paragraph 1 a (new): 1a. When developing the default greenhouse gas emission factors, the Commission shall : / (a) apply the location-based approach for which the standard referred to in Article 4 provides (“the location based approach”); / (b) take into account the greenhouse gas emissions factors that have been determined in accordance with Directive (EU) 2018/2001.

RemovedArticle 8 – paragraph 1 b (new): 1b. When greenhouse gas emissions from electricity consumed by transport can be quantified by using the location-based approach and the market-based approach under EN ISO 14083:2023 the market-based electricity mix shall be reported, provided the conditions set out in Annex J of the mentioned standard are fulfilled.

RemovedArticle 8 – paragraph 1 c (new): 1c. Until the central EU database is established, entities may refer to other national databases, which are deemed to have been verified, pursuant to Article 13(8) or which have been verified under other existing Union law provided that such data is available at the same aggregation level as the one required by this Regulation.

RemovedArticle 8 – paragraph 2: 2. The Commission, with the assistance of the European Environmental Agency, shall ensure, at least annually, maintenance, update, and continuous development, and an appropriate level of security, of the database referred to in paragraph 1, taking into account the evolution of the technological state-of-the-art in the transport sector and of new methodological approaches for calculating greenhouse gas emissions. Any updates to the default values shall be notified to the public without delay. Following such an update, concerned entities shall use the latest available data to calculate and disclose their greenhouse gas emissions information.

RemovedArticle 8 – paragraph 3: 3. Access to the database referred to in paragraph 1, to consult or use default greenhouse gas emission factors for the transport energy carriers shall be easily accessible, open to the public, and free of charge.

RemovedArticle 8 a (new): Article 8a / Governance support for small and medium enterprises / 1. By ... [12 months from the date of entry into force of this Regulation], the Commission shall have developed a simplified calculation tool for SMEs that is publicly accessible, user-friendly and free of charge, in accordance with Article 11. It shall be accompanied by step-by-step guidance documents, clearly explaining how that calculation tool functions. / 2. The Commission shall monitor the risk that the data disclosed by SMEs acting as subcontractors, under this Regulation, could be used by transport service organisers for unfair market practices. By .. [2 years from the date of entry into force of this Regulation], the Commission shall present a report to the European Parliament and the Council. That report shall be accompanied, if appropriate, by a legislative proposal to provide measures to protect the confidentiality of commercially sensitive data.

RemovedArticle 9 – paragraph 3 – introductory part: 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:

RemovedArticle 10 – paragraph 1: 1. Concerned entities shall disclose output data in a clear and unambiguous manner whenever possible before the provision of a transport service or the conclusion of the contract, . When concerned entities disclose output data, in the communication accompanying this disclosure they shall include the following statement “Well-to-wheel greenhouse gas emissions calculated in accordance with EU Regulation [reference to this Regulation]”, at least in one of the official languages of the EU, and where possible, in an official language of a Member State on the territory of which the service is performed.

RemovedArticle 10 – paragraph 1 a (new): 1a. Concerned entities may choose to display visibly the following information: / (a) whether their data is subject to the annual verification; / (b) whether they have used primary data in which case the variables derived from primary data shall be provided; / (c) whether they have used the EU calculation tool established by paragraph 2a of article 9.

RemovedArticle 10 – paragraph 2: 2. Where output data are disclosed by a data intermediary, in particular digital navigation and journey route planning services, on the basis of separate arrangements, the rules laid down in paragraph 1 and Article 9(3) shall apply. When disclosing output data, the data intermediary shall include a reference to the source of these data.

RemovedArticle 10 – paragraph 2 a (new): 2a. Information on greenhouse gas emissions of a transport service shall be provided to digital data intermediaries by a concerned entity or other relevant legal or natural person. Output data disclosed by those digital data intermediaries shall incorporate the information visibly on each search result and include emissions ranking as a default sorting option, whereby the most environmentally friendly option would be displayed first, as well as an easy comparison between different modal choices, including the use of private vehicles, as well as bicycle options, where appropriate.

RemovedArticle 10 – paragraph 4 – point b: (b) it shall be made available upon request of a competent authority, in accordance with the rules set out in the delegated act referred to in Article 13(9), or another third party insofar separate legal or contractual arrangements apply;

RemovedArticle 10 – paragraph 5: 5. The output data and evidence referred to in paragraph 4 shall be established in a clear and unambiguous manner, at least in one of the official languages of the Union. They shall be made in a harmonised and simple form, available in the form of a weblink, QR code or equivalent, enabling interoperability of output data and evidence across different providers of transport services.

RemovedArticle 10 – paragraph 7: 7. Any recipient of output data and of evidence referred to in paragraph 4, shall take measures to ensure the confidentiality of relevant commercial data that are processed and communicated in accordance with this Regulation, and ensure that such data may be accessed, processed and disclosed only when authorised.

RemovedArticle 11 – paragraph 2: 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.

RemovedArticle 11 – paragraph 2 a (new): 2a. Calculation tools that are used internally by an entity to calculate greenhouse gas emissions of a transport service within the scope of this Regulation shall also be aligned with the requirements set out by the reference methodology referred to in Article 4(1).

RemovedArticle 11 – paragraph 5: 5. The Commission shall publish on its official website an easily accessible list of all calculation tools that are certified in accordance with paragraph 1 and paragraph 2, as well as link to the websites referred in paragraph 3.

RemovedArticle 12 – paragraph 1: 1. Output data referred to in Article 9 shall be subject to verification of its conformity with the requirements laid down in Articles 4 to 9 of this Regulation. Verification shall be carried out at least annually in accordance with the delegated acts referred to in Article 13(9). Verification may also be requested by the conformity assessment body, another concerned entity or its customers.

RemovedArticle 12 – paragraph 2: 2. The annual verification requirements referred to in paragraph 1 shall apply to concerned entities referred to in Article 2, with the exception of micro, small and medium-sized enterprises referred to in Commission Recommendation 2003/361/EC66. The micro, small and medium-sized enterprises may undergo the verification upon their request.

RemovedArticle 13 – paragraph 1: 1. The conformity assessment body referred to in Article 14 shall verify the reliability, credibility, adherence and accuracy of the output data disclosed by a concerned entity. Verification shall be carried out at least annually, and in accordance with the detailed rules set out in the delegated acts referred to in Article 13(9).

RemovedArticle 13 – paragraph 2 – point b: (b) the source(s) of the input data used for the calculation, and the share of primary data used;

RemovedArticle 13 – paragraph 2 a (new): 2a. Data intermediaries shall be verified on the basis of whether their algorithms properly incorporate and enable the display of faithfully sorted information according to emissions including it as a default option, as well as the different data quality-related filters or highlights, as referred to in Article 10(2a).

RemovedArticle 13 – paragraph 3 a (new): 3a. Where the entity uses its own calculation tools for the output data referred to in the first sentence of Article 9(1), the conformity assessment body shall assess their compliance with the requirements of the reference methodology referred to in Article 4(1)).

RemovedArticle 13 – paragraph 4: 4. Where the verification assessment identifies incorrect calculations or non-compliance with Articles 4 to 9 of this Regulation, the conformity assessment body shall inform the entity concerned thereof without delay. That entity shall then correct the calculation or remedy non-conformities so as to enable the verification process to be completed.

RemovedArticle 13 – paragraph 4 a (new): 4a. If the entity, following at least two notifications by the conformity assessment body, refuses to correct the calculations or remedy non-conformities with regard to Article 4 to 9 of this Regulation, the competent authority shall at the request of the conformity assessment body initiate a penalty procedure in accordance with the detailed rules set out in the delegated act referred to in paragraph 9. The penalties provided for shall be effective, proportionate and dissuasive and may take into account, among other aspects the economic benefits generated or expected to be generated by the concerned entity from the non-compliance, where applicable.

RemovedArticle 13 – paragraph 5: 5. The entity concerned shall provide, within 30 days, the conformity assessment body with any additional information that enables it to carry out the verification procedures. The conformity assessment body may conduct checks during the verification process, in accordance with the detailed rules set out in the delegated act referred to in paragraph (9), to determine the reliability of data and calculations.

RemovedArticle 13 – paragraph 6: 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.

RemovedArticle 13 – paragraph 7: 7. The conformity assessment body concerned shall draw up and maintain an up-to-date list of the entities that have undergone the annual verification pursuant to paragraphs 1 to 6. By 31 March each year, the conformity assessment body shall notify that list to the Commission.

RemovedArticle 13 – paragraph 9: 9. The Commission shall adopt delegated acts in accordance with Article 16 laying down detailed rules on the verification of the output date, the related proof of compliance and penalty procedures. Those rules shall include provisions related to the evidence referred to in Article 10(5), and the communication rights associated with the use of primary data referred to in Article 10(4).

RemovedArticle 14 – paragraph 2: 2. The conformity assessment body shall be independent from any entity applying for the verification or certification activities referred to in Articles 11, 12 and 13.

RemovedArticle 16 – paragraph 2: 2. The power to adopt delegated acts as referred to in Article 4(4), Article 4(5), Article 4(6), Article 5(2a), Article 9(4), Article 13(9) and Article 15(4) shall be conferred on the Commission for an undetermined period of time from [OP: Please insert a date: entry into force of this Regulation].

RemovedArticle 16 – paragraph 3: 3. The delegation of power referred to in Article 4(4), Article 4(5), Article 4(6), Article 5(2a), Article 9(4), Article 13(9) and Article 15(4) 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.

RemovedArticle 16 – paragraph 6: 6. A delegated act adopted pursuant to Article 4(4), Article 4(5), Article 4(6), Article 5(2a), Article 9(4), Article 13(9) and Article 15(4) 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.

RemovedArticle 18 – paragraph 1: The Commission shall carry out an evaluation of this Regulation in light of the objectives that it pursues and present a report on the main findings to the European Parliament and the Council by [OP: please insert a date: 36 months after the Regulation is applicable]. / The report referred to in paragraph 1 shall include: / (a) an assessment of the impacts for concerned entities regarding the bureaucratic burden created by the implementation of this Regulation; / (b) an assessment of the impacts of the implementation and application of this Regulation in light of the subcontracted operations; / (c) an assessment of the impact with respect to the national administrative, financial or operational incentives introduced by Member States as set out in Article 5, paragraph 1 b; / (d) an assessment of the impacts of a mandatory requirement to quantify and disclose greenhouse gas emissions, in accordance with the rules of this Regulation applicable to all entities organising and providing transport services.

RemovedArticle 19 – paragraph 2: 2. It shall apply from [OP: Please insert a date: 24 months after the entry into force of this Regulation].

RemovedArticle 19 – paragraph 3: 3. However, Article 4(4), Article 4(5) and Article 4 (6), Article 6(1), Article 7(4), Article 8(1), Article 9(4), Article 11(6), Article 13(9) and Article 15(4) shall apply from the date of entry into force of this Regulation.