Changes from adopted text to adopted text

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

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

RemovedArticle 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.

RemovedArticle 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

RemovedArticle 9 a (new): Article 9a / 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.

RemovedArticle 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.

RemovedArticle 10 – paragraph 3: 3. Where the verification assessment identifies incorrect statements or non-conformities with this Regulation, the verifier shall inform the company concerned thereof in a timely manner. That company shall then without undue delay amend the incorrect statements or non-conformities so as to enable the verification process to be completed in time.

RemovedArticle 11 – paragraph 2 – point d: (d) the use of on-shore power supply or the presence of exceptions listed in Article 5(3), certified in accordance with Article 5(5).

RemovedArticle 11 – paragraph 3 – point d: (d) the relevant records of the ship are complete, transparent and consistent.

RemovedArticle 12 – paragraph 1: 1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount, type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant divergences are found that would undermine the achievement of the targets of this Regulation, the verifier shall carry out further analyses.

RemovedArticle 13 – paragraph 1: 1. Verifiers shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008. The national accreditation body shall regularly notify to the Commission the list of accredited verifiers, together with all relevant contact information.

RemovedArticle 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.

RemovedArticle 13 – paragraph 1 b (new): 1b. In order to exclude potential conflicts of interest, the verifier shall not be substantially dependent on a single company for its revenue.

RemovedArticle 13 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 26, in order to supplement this Regulation by establishing further methods and criteria of accreditation of verifiers and other rules to ensure the verifiers’ independence and impartiality. The methods specified in those delegated acts shall be based on the principles for verification provided for in Articles 10 and 11 and on relevant internationally accepted standards.

RemovedArticle 14 – paragraph 1 – point c: (c) the amount of each type of fuel consumed at berth and at sea, including the amount of electricity taken at berth for navigational purposes;

RemovedArticle 14 – paragraph 1 – point d: (d) the well-to-wake emission factors for each type of fuel, including electricity taken from an onshore power supply, consumed at berth and at sea, broken down by well-to-tank, tank-to-wake and fugitive emissions, covering all relevant greenhouse gases;

RemovedArticle 14 – paragraph 1 – point e: (e) the amount of each type of substitute source of energy consumed at berth and at sea, including fuels, electricity, wind and solar energy.

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

RemovedArticle 14 – paragraph 2: 2. Companies shall record the information and data listed in paragraph 1 in a timely and transparent manner and compile them on annual basis to enable the verification of compliance with this Regulation by the verifier.

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

RemovedArticle 15 – paragraph 2 – point d: deleted

RemovedArticle 15 – paragraph 3 a (new): 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.

RemovedArticle 15 – paragraph 4 a (new): 4a. The administering authority in respect of a shipping company shall be: / (a) in the case of a shipping company registered in a Member State, the Member State in which the shipping company is registered; / (b) in the case of a shipping company that is not registered in a Member State, the Member State with the greatest estimated number of port calls from voyages performed by that shipping company in the last two monitoring years falling within the scope set out in Article 2; / (c) in the case of a shipping company that is not registered in a Member State and that has not carried out any voyage falling within the scope set out in Article 2 in the preceding two monitoring years, the administering authority shall be the Member State from where the shipping company has started its first voyage falling within the scope set out in Article 2.

RemovedArticle 16 – paragraph 1: 1. The Commission shall develop, ensure the functioning of, and update an electronic compliance database integrated with the THETIS-MRV system established under Regulation (EU) 2015/757, for the monitoring of compliance with Articles 4 and 5. The compliance database shall be used to keep a record of the compliance balance of the ships, the use of the exemptions set out in Article 5(3) and the use of the flexibility mechanisms set out in Articles 17 and 18 and penalties incurred under Article 20. It shall be accessible to the companies, the verifiers, the competent authorities and the Commission.

RemovedArticle 16 – paragraph 1 a (new): 1a. Companies shall be allowed to bank compliance surplus from ships not subject to this regulation that are fully propelled with renewable energy such as wind or solar as long as these ships are not used for leisure purposes only.

RemovedArticle 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), 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.

RemovedArticle 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 RFNBO 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.

RemovedArticle 18 – paragraph 1: 1. The compliance balances for greenhouse gas intensity and RFNBO 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.

RemovedArticle 20 – paragraph 1: 1. Where on 1 May of the year following the reporting period the ship has a compliance deficit, the company shall pay a remedial penalty. The Member State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty on the basis of the formulas specified in Annex V, for the greenhouse gas intensity limits and, where applicable, the RFNBO quota, as referred to in Articles 4(2) and 4a(3) respectively.

RemovedArticle 20 – paragraph 2: 2. The company shall pay a penalty for each non-compliant port call. The Member State’s competent authority shall, based on the information provided by the verifier, calculate the amount of the penalty by multiplying the amount of EUR 250 at 2022 prices by megawatts of power installed on-board and by the number of completed hours spent at berth. For the purpose of this calculation, the amount of time needed to connect to OPS shall be deemed to be two hours, and that amount of time shall be subtracted by default from the calculation of the number of completed hours spent at berth to account for the time needed to connect to OPS.

RemovedArticle 20 – paragraph 3 a (new): 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.

RemovedArticle 20 – paragraph 3 b (new): 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.

RemovedArticle 20 – paragraph 3 c (new): 3c. Where the company or commercial operator concludes a contract with a fuel supplier, making the latter responsible for the supply of specific fuels, that contract shall include provisions laying down the fuel supplier’s liability to compensate the company or commercial operator for the payment of penalties referred to in this Article, if fuels were not delivered according to the agreed terms. For the purpose of this paragraph, fuels supplied under mentioned contracts must be compliant with provisions in Article 9(1)(b).

RemovedArticle 20 – paragraph 4: 4. The Commission is empowered to adopt delegated acts in accordance with Article 26 to amend Annex V in order to adapt the formula referred to in paragraph 1 of this Article, and to amend the amount of the fixed penalty laid down in paragraph 2 of this Article, as soon as developments in the cost of energy undermine the dissuasive effect of the existing penalties. Regarding the formula referred to in paragraph1 of this Article, the resulting penalty must be larger than the amount and cost of the renewable and low-carbon fuel that the ships would have used if they had met the requirements of this Regulation.

RemovedArticle 21 – paragraph 1: 1. The penalties referred to in Article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. Projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector, facilitate the construction of appropriate bunkering facilities or electric connection ports in ports, or adapt the superstructure, if required, and support the development, testing and deployment of the most innovative European technologies in the fleet to achieve significant emission reductions.

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

RemovedArticle 24 – paragraph 1: 1. The companies shall be entitled to apply for a review of the calculations and measures addressed to them by the Member State’s competent authority or the verifier under this Regulation, including the refusal to issue a FuelEU certificate of compliance pursuant to Article 19(1).

RemovedArticle 26 – paragraph 2: 2. The power to adopt delegated acts referred to in Articles 4(4), 4a(6), 5(4), 9(3), 9a(3), 13(3), 20(4), and 21(3) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

RemovedArticle 26 – paragraph 3: 3. The delegation of power referred to in Articles 4(4), 4a(6), 5(4), 9(3), 9a(3),13(3), 20(4), and 21(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

RemovedArticle 26 – paragraph 6: 6. A delegated act adopted pursuant to Articles 4(4), 4a(6), 5(4), 9(3), 9a(3), 13(3), 20(4), and 21(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

RemovedArticle 28 – paragraph -1 (new): -1. By 1 January 2024, the Commission shall produce a report on the social impact of this Regulation. That report shall include a projection of the impact of this Regulation on employment and training needs up to 2030 and up to 2050.

RemovedArticle 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 Commission 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:

RemovedArticle 28 – paragraph 1 – point a a (new): (aa) the scope of this Regulation in terms of: / - decreasing the gross tonnage threshold referred to in Article 2(1), to 400 GT; / - expanding the share of energy used by ships in voyage to and from third countries referred to in Article 2 point (c);

RemovedArticle 28 – paragraph 1 – point a b (new): (ab) the default values provided in Annex II, based on the most accurate available scientific knowledge and evidence;

RemovedArticle 28 – paragraph 1 – point a c (new): (ac) the list of pollutants covered by this Regulation, in particular the possibility to include black carbon (BC) emissions;

RemovedArticle 28 – paragraph 1 – point b: (b) an extension of the ship types to which Article 5(1) applies;

RemovedArticle 28 – paragraph 1 – point c a (new): (ca) the methodology specified in Annex I.

RemovedArticle 28 – paragraph 1 a (new): 1a. To ensure a goal-based and technology-neutral approach, this Regulation should be reviewed, and when needed, amended, as new greenhouse gas abatement technologies, such as on-board carbon capture, new renewable and low-carbon fuels and new propulsion methods, such as wind propulsion, become technically and economically mature. The Commission shall continuously evaluate the maturity of different greenhouse gas abatement technologies and present a first review in this regard to the European Parliament and the Council by 1 January 2027.

RemovedArticle 28 – paragraph 1 b (new): 1b. The Commission shall continuously monitor the quantity of alternative fuels made available to shipping companies in the Union and shall report their findings to the European Parliament and the Council, by 1 January 2027, and every five years thereafter until 2050. If the supply of those fuels fails to meet the demand from shipping companies, required to fulfil the obligations set out in this Regulation, the Commission should propose measures to ensure that maritime fuel suppliers in the Union make available adequate volumes of alternative fuels to shipping companies calling at Union ports.

RemovedArticle 28 – paragraph 1 c (new): 1c. The Commission shall propose amendments to this Regulation in the event that the International Maritime Organization adopts global greenhouse gas intensity limits on an equivalent level to this Regulation, in order to ensure a full alignment with the international agreement.

RemovedArticle 28 – paragraph 1 d (new): 1d. By 1 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 package1a. 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), 14 July 2021

RemovedArticle 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, ports and verifiers to a minimum.

RemovedArticle 28 a (new): Article 28a / 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.

RemovedAnnex I – paragraph 4 – introductory part: In the case of fossil fuels, the default values in Annex II shall be used unless actual values can be provided by means of certification or direct emissions measurements.

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

RemovedAnnex 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 Va.

RemovedAnnex I – paragraph 12: In accordance with its compliance plan referred to in Article 6 and upon assessment by the verifier, other methods, such as direct CO2eq measurement may be used if it enhances the overall accuracy of the calculation.

RemovedAnnex II – paragraph 2: The emission factors for any kind of fuel can alternatively be determined based on actual certified values or values established by means of direct emissions measurements.

RemovedAnnex 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.