### (2) to enhance the union’s climate commitment under the paris agreement and set out the steps to be taken to achieve climate neutrality by 2050 , and to translate the political commitment into a legal obligation , the commission adopted the (amended) proposal for a regulation of the european parliament and of the council on establishing the framework for achieving climate neutrality and amending regulation (eu) 2018/1999 (european climate law)19 as well as the communication ‘stepping up europe’s 2030 climate ambition’20 . this also integrates the target of reducing greenhouse gas (ghg) emissions by at least 55% compared to 1990 levels by 2030. accordingly , various complementary policy instruments are needed to motivate the use of sustainably produced renewable and low-carbon fuels , included in the maritime transport sector. the necessary technology development and deployment has to happen by 2030 to prepare for much more rapid change thereafter. ### (2) to enhance the union’s climate commitment under the paris agreement and set out the steps to be taken to achieve climate neutrality by 2050 , and to translate the political commitment into a legal obligation , the commission adopted the (amended) proposal for a regulation of the european parliament and of the council on establishing the framework for achieving climate neutrality and amending regulation (eu) 2018/1999 (european climate law)19 as well as the communication ‘stepping up europe’s 2030 climate ambition’20 . this also integrates the target of reducing greenhouse gas (ghg) emissions by at least 55% compared to 1990 levels by 2030. accordingly , various complementary policy instruments are needed to motivate the use of sustainably produced renewable and low-carbon fuels , included in the maritime transport sector. the necessary technology development and deployment has to be under way by 2030 to prepare for much more rapid change thereafter.


### (3) in the context of fuel transition to renewable and low carbon fuels and substitute sources of energy , it is essential to ensure the proper functioning of and fair competition in the eu maritime transport market regarding marine fuels , which account for a substantial share of ship operators’ costs. differences in fuel requirements across member states of the union can significantly affect ship operators’ economic performance and negatively impact competition in the market. due to the international nature of shipping , ship operators may easily bunker in third countries and carry large amounts of fuel. this may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a member state is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of member states. this regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the eu maritime transport market. ### (3) in the context of fuel transition to renewable and low carbon fuels and substitute sources of energy , it is essential to ensure the proper functioning of and fair competition in the eu maritime transport market regarding marine fuels , which account for a substantial share of ship operators’ costs – typically between 35% and 53% of shipping freight rates. differences in fuel requirements across member states of the union can significantly affect ship operators’ economic performance and negatively impact competition in the market. due to the international nature of shipping , ship operators may easily bunker in third countries and carry large amounts of fuel. this may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a member state is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of member states. this regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the eu maritime transport market.


### (3) in the context of fuel transition to renewable and low carbon fuels and substitute sources of energy , it is essential to ensure the proper functioning of and fair competition in the eu maritime transport market regarding marine fuels , which account for a substantial share of ship operators’ costs. differences in fuel requirements across member states of the union can significantly affect ship operators’ economic performance and negatively impact competition in the market. due to the international nature of shipping , ship operators may easily bunker in third countries and carry large amounts of fuel. this may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a member state is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of member states. this regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the eu maritime transport market. ### (3) in the context of fuel transition to renewable and low carbon fuels and substitute sources of energy , it is essential to ensure the proper functioning of and fair competition in the eu maritime transport market regarding marine fuels , which account for a substantial share of ship operators’ costs. differences in fuel requirements across member states of the union can significantly affect ship operators’ economic performance and negatively impact competition in the market. due to the international nature of shipping , ship operators may easily bunker in third countries and carry large amounts of fuel. this may lead to carbon leakage , further unnecessary increases in greenhouse gas emissions and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a member state is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of member states. this regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the eu maritime transport market.


### (3) in the context of fuel transition to renewable and low carbon fuels and substitute sources of energy , it is essential to ensure the proper functioning of and fair competition in the eu maritime transport market regarding marine fuels , which account for a substantial share of ship operators’ costs. differences in fuel requirements across member states of the union can significantly affect ship operators’ economic performance and negatively impact competition in the market. due to the international nature of shipping , ship operators may easily bunker in third countries and carry large amounts of fuel. this may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a member state is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of member states. this regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the eu maritime transport market. ### (3) in the context of fuel transition to renewable and low carbon fuels and substitute sources of energy , it is essential to ensure the proper functioning of and fair competition in the eu maritime transport market regarding marine fuels , which account for a substantial share of ship operators’ costs - typically between 35% and 53% of shipping freight rates. differences in fuel requirements across member states of the union can significantly affect ship operators’ economic performance and negatively impact competition in the market. due to the international nature of shipping , ship operators may easily bunker in third countries and carry large amounts of fuel. this may lead to carbon leakage and detrimental effects on the competitiveness of the sector if the availability of renewable and low carbon fuels in maritime ports under the jurisdiction of a member state is not accompanied by requirements for their use that apply to all ship operators arriving at and departing from ports under the jurisdiction of member states. this regulation should lay down measures to ensure that the penetration of renewable low-carbon fuels in the marine fuels market takes place under the conditions of fair competition on the eu maritime transport market.


### (4) in order to produce an effect on all the activities of the maritime transport sector , it is appropriate that this regulation covers a share of the voyages between a port under the jurisdiction of a member state and port under the jurisdiction of a third country. this regulation should thus apply to half of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a member state from a port outside the jurisdiction of a member state , half of the of the energy used by a ship performing voyages departing from a port under the jurisdiction of a member state and arriving at a port outside the jurisdiction of a member state , the entirety of the energy used by a ship performing voyages arriving at a port under the jurisdiction of a member state from a port under the jurisdiction of a member state , and the energy used at berth in a port under the jurisdiction of a member state. such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the union and third countries ensures the effectiveness of this regulation , including by increasing the positive impact on the environment of such framework. simultaneously , such framework limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the union. in order to ensure smooth operation of maritime traffic , a level playing field among maritime transport operators and among ports , and avoid distortions in the internal market , all journeys arriving or departing from ports under jurisdiction of member states , as well as the stay of ships in those ports should be covered by uniform rules contained in this regulation. ### (4) in order to produce an effect on all the activities of the maritime transport sector , it is appropriate that this regulation covers a share of the voyages between a port under the jurisdiction of a member state and port under the jurisdiction of a third country. this regulation should thus apply to half of the energy supplied for use by a ship performing voyages arriving at a port under the jurisdiction of a member state from a port outside the jurisdiction of a member state , half of the of the energy supplied for use by a ship performing voyages departing from a port under the jurisdiction of a member state and arriving at a port outside the jurisdiction of a member state , the entirety of the energy supplied for use by a ship performing voyages arriving at a port under the jurisdiction of a member state from a port under the jurisdiction of a member state , and the energy used at berth in a port under the jurisdiction of a member state. such coverage of a share of the energy used by a ship in both incoming and outgoing voyages between the union and third countries ensures the effectiveness of this regulation , including by increasing the positive impact on the environment of such framework. simultaneously , such framework limits the risk of evasive port calls and the risk of delocalisation of transhipment activities outside the union. in order to ensure smooth operation of maritime traffic , a level playing field among maritime transport operators and among ports , and avoid distortions in the internal market , all journeys arriving or departing from ports under jurisdiction of member states , as well as the stay of ships in those ports should be covered by uniform rules contained in this regulation.


### (5) the rules laid down in this regulation should apply in a non-discriminatory manner to all ships regardless of their flag. for reasons of coherence with union and international rules in the area of maritime transport , this regulation should not apply to warships , naval auxiliaries , fish-catching or fish-processing ships , or government ships used for non-commercial purposes. ### (5) the rules laid down in this regulation should apply in a non-discriminatory manner to all ships regardless of their flag. for reasons of coherence with union and international rules in the area of maritime transport , this regulation should not apply to warships , naval auxiliaries or government ships used for non-commercial purposes.


### (6) the person or organisation responsible for the compliance with this regulation should be the shipping company , defined as the shipowner or any other organisation or person , such as the manager or the bareboat charterer , that has assumed the responsibility for the operation of the ship from the shipowner and that , on assuming such responsibility , has agreed to take over all the duties and responsibilities imposed by the international management code for the safe operation of ships and for pollution prevention. this definition is based on the definition of ‘company’ in article 3 , point (d) of regulation (eu) 2015/757 of the european parliament and of the council21 , and in line with the global data collection system established in 2016 by the international maritime organization (imo). in line with the polluter pays principle , the shipping company could , by means of a contractual arrangement , hold the entity that is directly responsible for the decisions affecting the greenhouse gas intensity of the energy used by the ship accountable for the compliance costs under this regulation. this entity would normally be the entity that is responsible for the choice of fuel , route and speed of the ship. ### (6) the person or organisation responsible for the compliance with this regulation should be the shipping company , defined as the shipowner or any other organisation or person , such as the manager or the bareboat charterer , that has assumed the responsibility for the operation of the ship from the shipowner and that , on assuming such responsibility , has agreed to take over all the duties and responsibilities imposed by the international management code for the safe operation of ships and for pollution prevention. this definition is based on the definition of ‘company’ in article 3 , point (d) of regulation (eu) 2015/757 of the european parliament and of the council21 . however , the shipping company is not always responsible for purchasing the fuel and/or taking operational decisions that affect the greenhouse gas intensity of the energy used by the ship. these responsibilities may be assumed by an entity other than the shipping company under a contractual agreement. in that case , in order to properly implement the ‘polluter pays’ principle and to encourage the uptake of cleaner fuels , a binding clause shall be included in these agreements for the purpose of passing on to that entity the costs under this regulation , namely the penalties related to the under-performance of the ship. this clause shall provide that the entity responsible for the operation of the ship shall reimburse the shipping company with respect to the penalties imposed for each non-compliant port call and failing to meet the limits on the greenhouse gas intensity of the energy used on-board the ship. in this regard operation of the ship means determining the cargo carried , the itinerary (including the port of calls) , the routeing and/or the speed of the ship.


### (9) while instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency , they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. a specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy , such as wind or electricity , is therefore necessary. ### (9) while instruments such as carbon pricing or targets on the carbon intensity of activity promote improvements in energy efficiency , they are not suited to bring about a significant shift towards renewable and low-carbon fuels in the short and medium term. a specific regulatory approach dedicated to the deployment of renewable and low-carbon marine fuels and substitute sources of energy , such as wind or fossil free electricity , is therefore necessary.


### (10) policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. accordingly , limits should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology. ### (10) policy intervention to stimulate demand of renewable and low-carbon maritime fuels should be goal-based and respect the principle of technological neutrality. accordingly , limits should be set on the greenhouse gas intensity of the energy used on-board by ships without prescribing the use of any particular fuel or technology. artificial contribution via additional multipliers for certain fuels should therefore be avoided. to maximize the impact on greenhouse gas intensity of shipping , especially in the short term , all fuels must be able to contribute to the target.


### (11) development and deployment of renewable and low carbon fuels 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 martime transport already in the short term. ### (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 martime transport already in the short term.


### (12) indirect land-use change occurs when the cultivation of crops for biofuels , bioliquids and biomass fuels displaces traditional production of crops for food and feed purposes. such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock , such as forests , wetlands and peatland , causing additional greenhouse gas emissions and loss of biodiversity. research has shown that the scale of the effect depends on a variety of factors , including the type of feedstock used for fuel production , the level of additional demand for feedstock triggered by the use of biofuels , bioliquids and biomass fuels , and the extent to which land with high-carbon stock is protected worldwide. the level of greenhouse gas emissions caused by indirect land-use change cannot be unequivocally determined with the level of precision required for the establishment of emission factors required by the application of this regulation. however , there is evidence that all fuels produced from feedstock cause indirect land-use change to various degrees. in addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels , bioliquids or biomass fuels – indirect land-use change poses risks to biodiversity. this risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. accordingly , no feed and food crop-based fuels should be promoted. directive (eu) 2018/2001 already limits and sets a cap on the contribution of such biofuels , bioliquids and biomass to the ghg emissions savings targets in the road and rail transport sector considering their lower environmental benefits , lower performance in terms of greenhouse reduction potential and broader sustainability concerns. ### deleted


### (12) indirect land-use change occurs when the cultivation of crops for biofuels , bioliquids and biomass fuels displaces traditional production of crops for food and feed purposes. such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock , such as forests , wetlands and peatland , causing additional greenhouse gas emissions and loss of biodiversity. research has shown that the scale of the effect depends on a variety of factors , including the type of feedstock used for fuel production , the level of additional demand for feedstock triggered by the use of biofuels , bioliquids and biomass fuels , and the extent to which land with high-carbon stock is protected worldwide. the level of greenhouse gas emissions caused by indirect land-use change cannot be unequivocally determined with the level of precision required for the establishment of emission factors required by the application of this regulation. however , there is evidence that all fuels produced from feedstock cause indirect land-use change to various degrees. in addition to the greenhouse gas emissions linked to indirect land-use change – which is capable of negating some or all greenhouse gas emissions savings of individual biofuels , bioliquids or biomass fuels – indirect land-use change poses risks to biodiversity. this risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. accordingly , no feed and food crop-based fuels should be promoted. directive (eu) 2018/2001 already limits and sets a cap on the contribution of such biofuels , bioliquids and biomass to the ghg emissions savings targets in the road and rail transport sector considering their lower environmental benefits , lower performance in terms of greenhouse reduction potential and broader sustainability concerns. ### (12) indirect land-use change occurs when the cultivation of crops for biofuels , bioliquids and biomass fuels displaces traditional production of crops for food and feed purposes. such additional demand increases the pressure on land and can lead to the extension of agricultural land into areas with high-carbon stock , such as forests , wetlands and peatland , causing additional greenhouse gas emissions and loss of biodiversity. research has shown that the scale of the effect depends on a variety of factors , including the type of feedstock used for fuel production , the level of additional demand for feedstock triggered by the use of biofuels , bioliquids and biomass fuels , and the extent to which land with high-carbon stock is protected worldwide. the level of greenhouse gas emissions caused by indirect land-use change cannot be unequivocally determined with the level of precision required for the establishment of emission factors required by the application of this regulation. however , there is evidence that all fuels produced from feedstock cause indirect land-use change to various degrees. in addition to the greenhouse gas emissions linked to indirect land-use change –which is capable of negating some or all greenhouse gas emissions savings of individual biofuels , bioliquids or biomass fuels – indirect land-use change poses risks to biodiversity. this risk is particularly serious in connection with a potentially large expansion of production determined by a significant increase in demand. directive (eu) 2018/2001 already limits and sets a cap on the contribution of biofuels , bioliquids and biomass to the ghg emissions savings targets in the road and rail transport sector considering their lower environmental benefits , lower performance in terms of greenhouse reduction potential and broader sustainability concerns.


### (13) however , this approach must be stricter in the maritime sector. the maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels , bioliquids and biomass fuels , since over 99% of currently used marine fuels are of fossil origin. therefore , the non-eligibility of food and feed crop-based fuels under this regulation also minimises any risk to slow down the decarbonisation of the transport sector , which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. it is essential to minimise such a shift , as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanatly fuels of fossil origin. it is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels , bioliquids and biomass fuels by promoting their use under this regulation. accordingly , the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway. ### deleted


### (13) however , this approach must be stricter in the maritime sector. the maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels , bioliquids and biomass fuels , since over 99% of currently used marine fuels are of fossil origin. therefore , the non-eligibility of food and feed crop-based fuels under this regulation also minimises any risk to slow down the decarbonisation of the transport sector , which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. it is essential to minimise such a shift , as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanatly fuels of fossil origin. it is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels , bioliquids and biomass fuels by promoting their use under this regulation. accordingly , the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway. ### (13) the maritime sector has currently insignificant levels of demand for biofuels , bioliquids and biomass fuels , since over 99% of currently used marine fuels are of fossil origin. therefore , use of biofuels , bioliquids and biomass fuels under this regulation must minimise any risk to slow down the decarbonisation of the transport sector , which could result from a shift of biofuels from the road to the maritime sector. it is essential to minimise such a shift , as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominantly fuels of fossil origin. it is therefore appropriate to avoid the creation of a potentially large demand of unsustainable biofuels , bioliquids and biomass fuels by promoting their use under this regulation , and ensure that the maritime industry only uses biofuels , bioliquids and biomass fuels that comply with the sustainability criteria and greenhouse gas saving criteria set out in article 29 of directive (eu) 2018/2001. accordingly , the additional greenhouse gas emissions and loss of biodiversity caused by all types of biofuels , bioliquids and biomass fuels require that the greenhouse gas emission factors of these fuels shall be determined according to the methodologies set out in directive (eu) 2018/2001.


### (13) however , this approach must be stricter in the maritime sector. the maritime sector has currently insignificant levels of demand for food and feed crops-based biofuels , bioliquids and biomass fuels , since over 99% of currently used marine fuels are of fossil origin. therefore , the non-eligibility of food and feed crop-based fuels under this regulation also minimises any risk to slow down the decarbonisation of the transport sector , which could otherwise result from a shift of crop-based biofuels from the road to the maritime sector. it is essential to minimise such a shift , as road transport currently remains by far the most polluting transport sector and the maritime transport currently uses predominanetly fuels of fossil origin. it is therefore appropriate to avoid the creation of a potentially large demand of food and feed crops-based biofuels , bioliquids and biomass fuels by promoting their use under this regulation. accordingly , the additional greenhouse gas emissions and loss of biodiversity caused by all types of feed and food crop-based fuels require that these fuels be considered to have the same emission factors as the least favourable pathway. ### deleted


### (14) the long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. a clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport , and encourage investment from stakeholders. such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships until 2050. those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. ### (14) the long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. a clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport , and encourage investment from stakeholders. such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships , both during navigation and at berth , until 2050. those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. to ensure legal certainty and provide sufficient time for the sector to plan and prepare long-term , as well as to avoid stranded assets , possible future reviews of this regulation should be limited in scope and avoid significant changes to the requirements.


### (14) the long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. a clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport , and encourage investment from stakeholders. such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships until 2050. those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. ### (14) the long lead times associated to the development and deployment of new fuels and energy solutions for maritime transport require rapid action and the establishment of a clear and predictable long-term regulatory framework facilitating planning and investment from all the stakeholders concerned. a clear and stable long-term regulatory framework will facilitate the development and deployment of new fuels and energy solutions for maritime transport , and encourage investment from stakeholders. such framework should define limits for the greenhouse gas intensity of the energy used on-board by ships , both during navigation and at berth , until 2050. those limits should become more ambitious over time to reflect the expected technology development and increased production of marine renewable and low carbon fuels. to ensure legal certainty and provide sufficient time for the sector to plan and prepare the long term , as well as to avoid stranded assets , possible future reviews of this regulation should be limited in scope and avoid significant changes to the requirements.


### (15) this regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. this formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. the use of substitute sources of energy , such as wind or electricity , should also be reflected in the methodology. ### (15) this regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. this formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels on the basis of the information provided by the eu maritime fuel suppliers. the use of substitute sources of energy , such as wind or electricity , should also be reflected in the methodology.


### (15) this regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. this formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. the use of substitute sources of energy , such as wind or electricity , should also be reflected in the methodology. ### (15) this regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. this formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. the use of substitute sources of energy , such as wind or electricity , and any associated emissions , should also be reflected in the methodology.


### (15) this regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. this formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. the use of substitute sources of energy , such as wind or electricity , should also be reflected in the methodology. ### (15) this regulation should establish the methodology and the formula that should apply to calculate the yearly average greenhouse gas intensity of the energy used on-board by a ship. this formula should be based on the fuel consumption reported by ships and consider the relevant emission factors of these fuels. the use of substitute sources of energy , such as wind or fossil free electricity , should also be reflected in the methodology.


### (17) the well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. the performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this regulation. ### (17) the well-to-wake performance of maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions.


### (17) the well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. the performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this regulation. ### (17) the well-to-wake performance of all renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. the performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this regulation.


### (17) the well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. the performance of fossil fuels should however only be assessed through the use of default emission factors as provided for by this regulation. ### (17) the well-to-wake performance of renewable and low-carbon maritime fuels should be established using default or actual and certified emission factors covering the well-to-tank and tank-to-wake emissions. allowing the use of actual and certified values is an essential tool for incentivizing the research and development of cleaner fuels and propulsion systems.


### (19) the use of renewable energy sources and alternative propulsion , such as wind and solar energy , greatly reduces the greenhouse gas intensity of the overall ship energy use. the difficulty to accurately measure and quantify these energy sources (intermittence of the energy use , direct transfer as propulsion , etc.) should not impede their recognition in the overall ship energy use through means of approximations of their contribution to the ship’s energy balance. ### (19) the use of renewable and fossil free energy sources and alternative propulsion , including , but not limited to , wind and solar energy , greatly reduces the greenhouse gas intensity of the overall ship energy use. the difficulty to accurately measure and quantify these energy sources (intermittence of the energy use , direct transfer as propulsion , etc.) should not impede their recognition in the overall ship energy use through means of approximations of their contribution to the ship’s energy balance.


### (21) the use of on-shore power supply (ops) abates air pollution produced by ships as well as reduces the amount of ghg emissions generated by maritime transport. ops represents an increasingly clean power supply available to ships at berth , in view of the growing renewables share in the eu electricity mix. while only the provision on ops connection points is covered by directive 2014/94/eu (alternative fuels infrastructure directive – afid) , the demand for and , as a result , the deployment of this technology has remained limited. therefore specific rules should be established to mandate the use of ops by the most polluting ships. ### (21) the use of on-shore power supply (ops) abates air pollution produced by ships and can reduce the amount of ghg emissions generated by maritime transport. ops represents an increasingly clean power supply available to ships at berth , in view of the growing renewables share in the eu electricity mix. while only the provision on ops connection points is covered by directive 2014/94/eu (alternative fuels infrastructure directive – afid) , the demand for and , as a result , the deployment of this technology has remained limited. therefore specific rules should be established to mandate the use of ops by the most polluting ships , where , after accounting for the ghg emissions associated with electricity production , the use of ops leads to a lowering of overall emissions.


### (21) the use of on-shore power supply (ops) abates air pollution produced by ships as well as reduces the amount of ghg emissions generated by maritime transport. ops represents an increasingly clean power supply available to ships at berth , in view of the growing renewables share in the eu electricity mix. while only the provision on ops connection points is covered by directive 2014/94/eu (alternative fuels infrastructure directive – afid) , the demand for and , as a result , the deployment of this technology has remained limited. therefore specific rules should be established to mandate the use of ops by the most polluting ships. ### (21) the use of on-shore power supply (ops) abates air pollution produced by ships as well as reduces the amount of ghg emissions generated by maritime transport when at berth. ops represents an increasingly clean power supply available to ships at berth , in view of the growing renewables share in the eu electricity mix. while only the provision on ops connection points is covered by directive 2014/94/eu (alternative fuels infrastructure directive – afid) , the demand for and , as a result , the deployment of this technology has remained limited. therefore specific rules should be established to mandate the use of ops by the most polluting ships in situations where it effectively reduces emissions at a reasonable cost.


### (23) exceptions to the use of ops should also be provided for a number of objective reasons , certified by the managing body of the port of call and limited to unscheduled port calls for reasons of safety or saving life at sea , for short stays of ships at berth of less than two hours as this is the minimum time required for connection , and for the use of on-board energy generation under emergency situations. ### (23) exceptions to the use of ops should also be provided for a number of objective reasons , certified by the managing body of the port of call , the terminal operator and/or the competent authority , depending on the governance model for ports in the different member states. these exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea , for short stays of ships at berth of less than two hours as this is the minimum time required for connection , and for the use of on-board energy generation under emergency situations. in case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port , this should not be considered as a failure by the port nor of the ship operator to comply with the requirements of this regulation , as long as the insufficient local grid capacity is duly attested by the grid manager to the verifiers.


### (23) exceptions to the use of ops should also be provided for a number of objective reasons , certified by the managing body of the port of call and limited to unscheduled port calls for reasons of safety or saving life at sea , for short stays of ships at berth of less than two hours as this is the minimum time required for connection , and for the use of on-board energy generation under emergency situations. ### (23) exceptions to the use of ops should also be provided for a number of objective reasons , certified by the managing body of the port of call and limited to unscheduled port calls for reasons of safety or saving life at sea , for short stays of ships at berth of less than two hours as this is the minimum time required for connection , for longer stays of ships at berth in a port where use of ops will lead to an overall increase in emissions of greenhouse gases and pollutants , and for the use of on-board energy generation under emergency situations.


### (23) exceptions to the use of ops should also be provided for a number of objective reasons , certified by the managing body of the port of call and limited to unscheduled port calls for reasons of safety or saving life at sea , for short stays of ships at berth of less than two hours as this is the minimum time required for connection , and for the use of on-board energy generation under emergency situations. ### (23) exceptions to the use of ops should also be provided for a number of objective reasons , certified by the managing body of the port of call , the terminal operator and/or the competent authority , depending on the governance model for ports in the different member states. these exceptions should be limited to unscheduled port calls for reasons of safety or saving life at sea , for short stays of ships at berth of less than two hours as this is the minimum time required for connection , and for the use of on-board energy generation under emergency situations. in case it is impossible to supply sufficient on-shore power due to weak capacity in the local grid connecting to the port , this should not be considered as a failure neither of the port nor of the ship operator to comply with the requirements of this regulation , as long as the insufficient local grid capacity is duly attested by the grid manager to the verifiers.


### (24) exceptions in case of unavailability or incompatibility of ops should be limited after ship and port operators have had sufficient time to make the necessary investments , in order to provide the necessary incentives for those investments and avoid unfair competition. as of 2035 , ship operators should plan carefully their port calls to make sure that they can carry out their activities without emitting air pollutants and ghg at berth and compromise the environment in coastal areas and port cities. a limited number of exceptions in case of unavailability or incompatibility of ops shoud be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment. ### (24) exceptions in case of unavailability or incompatibility of ops should be limited after ship and port operators have had sufficient time to make the necessary investments , in order to provide the necessary incentives for those investments and avoid unfair competition. ports should equip their births , and ship owners their vessels , with power installations that comply with applicable standards , in order to ensure that the systems are fully compatible. as of 2035 , ship operators should plan carefully their calls on ten-t ports covered by the regulation xxxx-xxx (alternative fuels infrastructure regulation) to make sure that they can carry out their activities without emitting air pollutants and ghg at berth and compromise the environment in coastal areas and port cities. a limited number of exceptions in case of unavailability or incompatibility of ops should be maintained in order to provide the possibility for occasional last-minute changes in port call schedules and calls in ports with incompatible equipment.


### (30) the commission should establish and ensure the functioning of an electronic database that registers the performance of each ship and ensures its compliance with this regulation. in order to facilitate reporting and limit administrative burden to companies , verifiers and other users , this electronic database should build upon the existing thetis-mrv module and take into account the possibility to reuse information and data collected for the purpose of regulation (eu) 2015/757. ### (30) the commission should establish and ensure the functioning of an electronic database that registers the performance of each ship , ensures its compliance with this regulation , and records journey lengths and times for the purposes of monitoring for the risk and occurrence of carbon leakage. in order to facilitate reporting and limit administrative burden to companies , verifiers and other users , this electronic database should build upon the existing thetis-mrv module and take into account the possibility to reuse information and data collected for the purpose of regulation (eu) 2015/757.


### (37) the revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels in the maritime sector and help maritime operators to meet their climate and environmental goals. for this purpose these revenues should be allocated to the the innovation fund referred to in article 10a(8) of directive 2003/87/ec. ### (37) the revenues generated from the payment of penalties should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector and help maritime operators to meet their climate and environmental goals. for this purpose these revenues should be allocated to the the innovation fund referred to in article 10a(8) of directive 2003/87/ec.


### (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 , 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. ### (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 compilation 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.


### (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 conducting the laboratory testing and 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. ### (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 establishing the rules on conducting the laboratory testing and direct emissions measurements , accreditation of verifiers 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.


### (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 could be regarded as 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. where an agreement on a global aproach is reached on matters of relevance to this regulation , the commission should review the present regulation with a view to aligning it , where appropriate , with the international rules. ### (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. where an agreement on a global aproach is reached on matters of relevance to this regulation , the commission should review the present regulation to align it with the international rules.


### the 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 ### the limit on the greenhouse gas (‘ghg’) intensity of energy supplied by maritime fuel suppliers and used on-board by a ship staying within or departing from ports under the jurisdiction of a member state and


### in order to increase consistent use of renewable and low-carbon fuels and substitute sources of energy across the union , while ensuring the smooth operation of maritime traffic and avoiding distortions in the internal market. ### in order to increase consistent supply and use of renewable and low-carbon fuels and substitute sources of energy in maritime transport across the union , while ensuring its smooth operation and avoiding distortions in the internal market.


### this regulation applies to all ships above a gross tonnage of 5000 , regardless of their flag in respect to: ### this regulation applies to maritime fuel suppliers and to all ships above a gross tonnage of 5000 , regardless of their flag , in respect to:


### the energy used during their stay within a port of call under the jurisdiction of a member state , ### the energy supplied or used during their stay within a port of call under the jurisdiction of a member state ,


### 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 , and ### the energy supplied for use 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 , and


### a half of the energy used on voyages departing from or arriving to 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. ### a half of the energy used on voyages departing from or arriving to a port of call under the jurisdiction of a member state , where the previous or the next port of call is under the jurisdiction of a third country.


### a half of the energy used on voyages departing from or arriving to 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. ### the energy supplied for use on voyages departing from a port of call under the jurisdiction of a member state , where the next port of call is under the jurisdiction of a third country.


### ‘company’ means company as defined in article 3 , point (d) of regulation (eu) 2015/757; ### ‘company’ means company as defined in article 3 , point (d) of regulation (eu) 2015/757; when the responsibility for the purchase of the fuel and/ or the operation of the ship is assumed , pursuant to a contractual agreement , by an entity other than the shipping company , that entity shall either pay the penalties under article 20 , paragraph 1 and 2 of this directive or reimburse the shipping company for the penalties paid. for the purposes of this paragraph , operation of the ship shall mean determining the cargo carried , the itinerary , the routing and/or the speed of the ship.


### ‘ship at berth’ means ship at berth as defined in article 3 , point (n) of regulation (eu) 2015/757; ### ‘ship at berth’ means a ship which is securely moored along a quay in a port falling under the jurisdiction of a member state while it is loading , unloading or hotelling , including the time spent when not engaged in cargo operations


### ‘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; ### ‘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 without the additional energy used due to technical characteristics of a ship having the ice class ia or ia super or an equivalent ice class and the additional energy used by a ship having the ice class ic , ib , ia or ia super or an equivalent ice class due to sailing in ice conditions;


### ‘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 installations , when feeding directly the ship main distribution switchboard for powering hotel , service workloads or charging secondary batteries; ### ‘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 installations , feeding the ship main distribution switchboard for powering hotel , service workloads or charging secondary batteries;


### greenhouse gas intensity limit of energy used on-board by a ship ### greenhouse gas intensity limit of energy supplied to ships


### 1. the yearly average greenhouse gas intensity of the energy used on-board by a ship during a reporting period shall not exceed the limit set out in paragraph 2. ### 1. the yearly average greenhouse gas intensity of the energy supplied to a ship within a port of call under the jurisdiction of a member state during a reporting period shall not exceed the limit set out in paragraph 2.


### [asterix: the reference value , which calculation will be carried out at a later stage of the legislative procedure , corresponds to the 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.] ### [asterix: the reference value , which calculation will be carried out at a later stage of the legislative procedure , corresponds to the fleet average greenhouse gas intensity of the energy supplied to ships and used on-board by ships in 2020 as 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 annexes i and ii to this regulation. in view of adopting lifecycle assessment (lca) guidelines in imo , the commission should review this methodology with a view to aligning it with the global one once agreed.


### [asterix: the reference value , which calculation will be carried out at a later stage of the legislative procedure , corresponds to the 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.] ### [asterix: the reference value , which calculation will be carried out at a later stage of the legislative procedure , corresponds to the eu fleet average greenhouse gas intensity of the energy used on-board by ships in 2019 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.]


### 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. ### 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 , including a correction factor for ice classed ships , deducting the higher fuel consumption linked to ice navigation. as a basis for the calculation of emission factors , default values are provided in annex ii of this regulation. these default values can be replaced by actual values certified by means of laboratory testing or direct emissions measurements.


### 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. ### 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 , including a correction factor for ice classed ships , deducting the higher fuel consumption linked to ice navigation. as a basis for the calculation of emission factors , default values are provided in annex ii of this regulation. these default values may be replaced by actual values certified by means of laboratory testing or direct emissions measurements.


### 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 or to adapt the existing emission factors to ensure consistency with future international standards or the legislation of the union in the field of energy. ### deleted


### 1. from 1 january 2030 , a ship at berth in a port of call under the jurisdiction of a member state shall connect to on-shore power supply and use it for all energy needs while at berth. ### 1. from 1 january 2030 , a ship at berth in a port of call covered by article 9 of the alternative fuels infrastructure regulation shall connect to on-shore power supply and use it for all its electricity needs while at berth , with exemption for auxiliary boilers.


### that have to make an unscheduled port call for reasons of safety or saving life at sea; ### that have to make an unscheduled port call for reasons of safety or saving life at sea or in emergency situations or under conditions of force majeure;


### f) which , for a limited period of time , require the use of on-board energy generation , under emergency situations representing immediate risk to life , the ship , the environment or for other reasons of force majeure. ### f) which , for a limited period of time , require the use of on-board energy generation , under emergency situations representing immediate risk to life , the ship , the environment or for other reasons of force majeure that could not have been reasonably foreseen.


### 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 criteria for their use , where these new technologies are found equivalent to the technologies listed in that annex in the light of scientific and technical progress. ### deleted


### 5. the managing body of the port of call 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. ### 5. the managing body of the port of call , or where applicable the terminal operator 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.


### 6. from 1 january 2035 , the exceptions listed in paragraph 3 , points (d) and (e) , may not be applied to a given ship , in total , more than five times during one reporting year. a port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3 , points (d) and (e). ### 6. from 1 january 2035 , the exceptions listed in paragraph 3 , point (e) , may not be applied to a given ship , in total , more than five times during one reporting year. a port call shall not be counted for the purpose of compliance with this provision where the company demonstrates that it could not have reasonably known that the ship will be unable to connect for reasons referred to in paragraph 3 , point (e).


### 2. companies shall modify the monitoring plan in any of the following situations: ### 2. companies shall modify the monitoring plan without undue delay in any of the following situations:


### 1. where biofuels , biogas , renewable fuels of non-biological origin and recycled carbon fuels , as defined in directive (eu) 2018/2001 , are to be taken into account for the purposes referred to in articles 4(1) of this regulation , the following rules apply: ### 1. where biofuels , biogas , renewable fuels of non-biological origin and recycled carbon fuels , as defined in directive (eu) 2018/2001 , and biofuels and biogas resulting from biomass being processed with fossil fuels in a common process as defined in accordance with in accordance with article 28(5) of directive 2018/2001 , are to be taken into account for the purposes referred to in articles 4(1) of this regulation , the following rules apply:


### greenhouse gas emission factors of biofuels and biogas that comply with the sustainability and greenhouse gas saving criteria set out in article 29 of directive (eu) 2018/2001 shall be determined according to the methodologies set out in that directive; ### greenhouse gas emission factors of biofuels and biogas , including when resulting from biomass being processed with fossil fuels in a common process , that comply with the sustainability and greenhouse gas saving criteria set out in article 29 of directive (eu) 2018/2001 shall be determined according to the methodologies set out in that directive;


### biofuels and biogas that do not comply with point (a) or that are produced from food and feed crops shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel; ### biofuels and biogas that do not comply with point (a) shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;


### the amount of each type of fuel consumed at berth and at sea; ### the amount of each type of fuel consumed at berth , in port and at sea;


### calculate the amount of the penalties referred to in article 20(1) and (2). ### deleted


### 1. the commission shall develop , ensure functioning and update an electronic compliance database 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 and the use of the flexibility mechanisms set out in articles 17 and 18. it shall be accessible to the companies , the verifiers , the competent authorities and the commission. ### 1. the commission shall develop , ensure functioning and update an electronic compliance database , within the thetis-mrv module , 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 and the use of the flexibility mechanisms set out in articles 17 and 18. it shall be accessible to the companies , the verifiers , the competent authorities and the commission.


### 2. where the ship has a compliance deficit for the reporting period , the company may borrow an advance compliance surplus of the corresponding amount from the following reporting period. the advance compliance surplus shall be added to the ship’s balance in the reporting period and subtracted from the same ship’s balance in the following reporting period. the amount to be subtracted in the following reporting period shall be equal to the advance compliance surplus multiplied by 1.1. the advance compliance surplus may not be borrowed: ### 2. where the ship has a compliance deficit for the reporting period , the company may borrow an advance compliance surplus of the corresponding amount from the following reporting period. the advance compliance surplus shall be added to the ship’s balance in the reporting period and subtracted from the same ship’s balance in the following reporting period. the amount to be subtracted in the following reporting period shall be equal to the advance compliance surplus. the advance compliance surplus may not be borrowed:


### 3. the fueleu certificate of compliance shall be valid for the period of 18 months after the end of the reporting period. ### 3. the fueleu certificate of compliance shall be valid for the period of 24 months after the end of the reporting period.


### 1. where on 1 may of the year following the reporting period the ship has a compliance deficit , the company shall pay a penalty. the verifier shall calculate the amount of the penalty on the basis of the formula specified annex v. ### 1. where on 1 may of the year following the reporting period the ship has a compliance deficit , the company shall pay a penalty. the verifier shall calculate the amount of the penalty on the basis of the formula specified annex v. the verifier shall also allocate the proportion of the compliance deficit to the entity that is ultimately responsible for the purchase of the fuel and/or the operation of the ship , calculate the proportionate penalty and notify the shipping company and that other entity for the sake of payment or reimbursement.


### 2. the company shall pay a penalty for each non-compliant port call. the verifier shall calculate the amount of the penalty by multiplying the amount of eur 250 by megawatts of power installed on-board and by the number of completed hours spent at berth. ### 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 by megawatts of power installed on-board and by the number of completed hours spent at berth.


### 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 , taking into account the developments in the cost of energy. ### deleted


### 2. the revenues generated from penalties referred to in paragraph 1 shall be allocated to the the innovation fund referred to in article 10a(8) of directive 2003/87/ec. 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 innovation fund. ### 2. the revenues generated from penalties referred to in paragraph 1 shall be allocated to the the innovation fund referred to in article 10a(8) of directive 2003/87/ec and should be used to promote the distribution and use of renewable and low-carbon fuels and propulsion technologies in the maritime sector. 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 innovation fund.


### 2. the power to adopt delegated acts referred to in articles 4(6) , 5(4) , 9(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]. ### 2. the power to adopt delegated acts referred to in articles 9(3) , 13(3) and 21(3) shall be conferred on the commission for an indeterminate period of time from [date of entry into force of this regulation].


### 3. the delegation of power referred to in articles 4(7) , 5(4) , 9(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. ### 3. the delegation of power referred to in articles 9(3) , 13(3) 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.


### 6. a delegated act adopted pursuant to articles 4(7) , 5(4) , 9(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. ### 6. a delegated act adopted pursuant to articles 9(3) , 13(3) 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.


### 1. the commission shall report to the european parliament and the council , by 1 january 2030 , 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. the commission shall consider possible amendments to: ### 1. the commission shall present a preliminary report assessing the effectiveness and shortcomings of the regulation to the european parliament and the council no more than five years after the coming into force of the regulation. the commission shall report to the european parliament and the council , by 1 january 2030 , the results of a detailed and comprehensive 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 , including the risk and occurrence of carbon leakage arising from the implementation of the regulation. the commission shall consider possible amendments to:


### 1. the commission shall report to the european parliament and the council , by 1 january 2030 , 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. the commission shall consider possible amendments to: ### 1. the commission shall report to the european parliament and the council , by 1 january 2030 , and every three years thereafter until 2050 , 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 , with emphasis on this regulation’s impact on the functioning of the single market , the sector’s competitiveness , transport freight rates and the magnitude of carbon leakage. the commission shall consider possible amendments to:


### the limit referred to in article 4(2); ### deleted


### in the case of fossil fuels , the default values in annex ii shall be used. ### in the case of fossil fuels , the default values in annex ii should be used unless the operator provides actual values certified by means of laboratory testing or direct emissions measurements.


### for the purpose of this regulation the termin the numerator of equation (1) shall be set to zero. ### deleted


### the [mi] mass 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 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 [mi a] 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.


### the emissions factors of biofuels , biogas , renewable fuels of non-biological origin and recycled carbon fuels shall be determined according to the methodologies set out in annex 5 part c of directive (eu) 2018/2001. ### the emissions factors of all biofuels , biogas , renewable fuels of non-biological origin and recycled carbon fuels shall be determined according to the methodologies set out in annex 5 part c of directive (eu) 2018/2001.


### column 2 identifies the name or the pathway of the relevant fuels within the class. for the liquid biofuels , gaseous biofuels , rfnbo (e-fuels) the values for the wtt section shall be taken from directive (eu) 2018/2001 (without combustion32 ); for fossils fuels only the default values in the table shall be used. ### column 2 identifies the name or the pathway of the relevant fuels within the class. for the liquid biofuels , gaseous biofuels , rfnbo (e-fuels) the values for the wtt section shall be taken from directive (eu) 2018/2001 (without combustion32 );


### column 4 contains the co2eq emissions values in [gco2eq/mj]. for fossils fuels only the default values in the table shall be used. 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 . ### column 4 contains the co2eq emissions values in [gco2eq/mj]. for fossils fuels only the default values in the table shall be used unless actual values can be provided by means of laboratory testing 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.


### column 4 contains the co2eq emissions values in [gco2eq/mj]. for fossils fuels only the default values in the table shall be used. 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 . ### column 4 contains the co2eq emissions values in [gco2eq/mj]. for all 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 .


### column 7 contains the emission factor cf for methane in [gch4/gfuel]. default values as contained in the table shall be used. values certified by mean of testing can be used in place of the default values. for lng fuels cf for methane are set to zero. ### column 7 contains the emission factor cf for methane in [gch4/gfuel]. default values as contained in the table shall be used. values certified by mean of testing can be used in place of the default values. for lng fuels cf for methane may be set to zero if the value for amount of fuel lost as fugitive emissions (cslip) accurately accounts for all methane emissions.


### i ### index corresponding to the fuels delivered to the ship in the reference period


### in the case of fossil fuels , the default values in annex ii shall be used. for the purpose of this regulation the term in the numerator of equation (1) shall be set to zero. ### in the case of fossil fuels , the default values in annex ii should be used unless actual values can be provided by means of laboratory testing or direct emissions measurements. for the purpose of this regulation the term in the numerator of equation (1) shall be set to zero.


### methods for determining the reward factors linked to substitute sources of energy in case substitute sources of energy are installed on board , a reward factor for substitute sources of energy can be applied. in case of wind power such reward factor is determined as follow: ### methods for determining the reward factors linked to substitute sources of energy in case substitute sources of energy are installed on board , a reward factor for substitute sources of energy can be applied. this reward factor can be applied on all types of fossil free energy generated on board , including but not limited to , wind energy. in case of wind power such reward factor is determined as follow:


### 0 ,99 ### 0 ,1


### ‘biofuels’ means biofuels as defined in article 2 , point (33) , of directive (eu) 2018/2001; ### ‘biofuels’ means biofuels as defined in article 2 , point (33) , of directive (eu) 2018/2001 , and biofuels resulting from biomass being processed with fossil fuels in a common process as defined in accordance with article 28(5) of directive 2018/2001;


### ‘biogas’ means biogas as defined in article 2 , point (28) , of directive (eu) 2018/2001; ### ‘biogas’ means biogas as defined in article 2 , point (28) , of directive (eu) 2018/2001 , and biogas resulting from biomass being processed with fossil fuels in a common process as defined in accordance with article 28(5) of directive 2018/2001;


### ‘substitute sources of energy’ means renewable wind or solar energy generated on-board or electricity supplied from on-shore power supply; ### ‘substitute sources of energy’ means renewable or fossil free energy generated on-board or electricity supplied from on-shore power supply;


### c. whereas the completion of ten-t is crucial to advancing towards more sustainable modes of transport , in particular rail transport; ### c. whereas the completion of ten-t is crucial to advancing towards more sustainable modes of transport , in particular rail transport , and to boosting multimodal connectivity between the eu’s cities , regions , peripheral areas and islands;


### 4. stresses that the full deployment of the ertms will help to create a digital single european railway area , ensuring the development of safe , secure and efficient rail transport services for long-distance and cross-border connections; ### 4. stresses that the full deployment of the ertms will help to create a digital single european railway area , ensuring the further development of safe , secure , fast and efficient rail transport services for long-distance and cross-border connections;


### 5. highlights that boosting long-distance rail transport must also improve the connection of regional , urban and peripheral areas to ten-t; ### 5. stresses that boosting long-distance rail transport must also contribute to the improvement of connectivity between regional , urban and peripheral areas and ten-t and will be crucial to increasing the attractiveness of rail and multimodal passenger transport services;


### 6. welcomes the commission’s proposal to speed up the roll-out of the ertms in the revision of the ten-t regulation; ### 6. welcomes the commission’s proposal to speed up the union-wide deployment of the ertms in the revision of the ten-t regulation;


### 8. emphasises the need to ensure quick and efficient financing to support the investments; ### 8. emphasises the need to ensure quick , sufficient and efficient financing and funding to support the investments;


### 11. supports the commission’s focus on the completion of first/last mile multimodal hubs in cities with more than 100 000 inhabitants , thereby strengthening rail connectivity with air , sea and road transport; ### 11. supports the commission on the completion of first/last mile multimodal hubs in cities with more than 100 000 inhabitants , strengthening rail connectivity with air , sea and road transport; recalls , however , that smaller and less populated urban hubs should have efficient links with multimodal hubs and terminals within a reasonable distance; in this case it is essential that high-quality multimodal connectivity for passengers is also guaranteed;


### 12. calls for the clarification of state aid rules on the public funding of interoperable rolling stock for cross-border services in the revised railway guidelines; ### 12. calls for the clarification and simplification of state aid rules on the public funding of interoperable rolling stock for cross-border services in the revised railway guidelines;


### 13. emphasises the need for clear interoperable standards and further investments in rolling stock; ### 13. emphasises the need for clear interoperable requirements and standards and further investments in rolling stock;


### 14. stresses that the lack of harmonisation of the certification of train drivers may hamper their mobility between member states and the development of long-distance passenger services; ### 14. stresses that the lack of harmonisation of the certification of train drivers may hamper their mobility between member states and the development of long-distance passenger services; furthermore highlights the need to agree on a single eu-wide working language , namely english , for train drivers operating long distance and cross border passenger rail connections;


### 17. highlights the role of digitalisation and better coordination , in particular for cross-border rail traffic; ### 17. highlights the role of digitalisation , the need for adequate cybersecurity and better coordination , in particular for cross-border rail traffic;


### 18. welcomes the commission’s upcoming plans to publish guidelines for setting track access charges; ### 18. welcomes the commission’s upcoming plans to publish guidelines for setting track access charges but calls for a reduction of charges to not more than the direct cost


### 20. acknowledges that making long-distance rail passenger services more attractive requires more accessible smart ticketing and appropriate protection for passengers in the event of delays or missed connections for single options and through tickets , ensuring , as a minimum , journey continuation; ### 20. acknowledges that making long-distance rail passenger services more attractive requires more accessible smart ticketing with impartial ticket retail - meaning all rail operators' tickets are sold at all ticket channels , both at independent ticket vendors as well as the in-house ticket vendors of the state-owned rail incumbents and appropriate protection for passengers in the event of delays or missed connections , regardless whether they have booked a combined journey of separate tickets in the same one-way travel chain booking (when a through ticket is not available) or a through ticket itself , ensuring , as a minimum , journey continuation;


### 21. takes note of the commission’s upcoming proposal for a regulation on multimodal digital mobility services to enhance data exchange and facilitate the conclusion of fair commercial agreements; ### 21. takes note of the commission’s upcoming proposal for a regulation on multimodal digital mobility services to enhance data exchange and facilitate the conclusion of fair commercial agreements , with both principles being binding for all market participants;


### public service obligations to promote sustainable cross-border and/or multimodal collective transport ### support commercially driven services to promote sustainable cross-border and/or multimodal collective transport


### 26. stresses that public service contracts can play a decisive role in supporting the continuity of services and connections to interesting destinations , such as tourist and historical destinations , by providing rail services that help to maintain a dense network of railway links , including to less attractive destinations; ### 26. stresses that improving the market framework for commercially driven services and introducing non-discriminatory incentives can play a decisive role in supporting the continuity of services and connections to interesting destinations , such as tourist and historical destinations , by providing rail services that help to maintain a dense network of railway links , including to less attractive destinations;


### 26. stresses that public service contracts can play a decisive role in supporting the continuity of services and connections to interesting destinations , such as tourist and historical destinations , by providing rail services that help to maintain a dense network of railway links , including to less attractive destinations; ### 26. stresses that public service contracts can play a decisive role in supporting the continuity of services and connections to interesting destinations , such as tourist , folklore and historical destinations , by providing rail services that help to maintain a dense network of railway links , including to less attractive destinations;


### 27. believes that public service obligations can promote the use of rail , including in long-distance passenger transport , in particular in the case of market failures in cross-border and last-mile routes , perhaps in combination with other profitable segments of the network; ### 27. believes that an improved and fair market framework , together with non-discriminatory incentives for new commercially driven services can promote the use of rail , including in long-distance passenger transport , in particular in the case of market failures in cross-border and last-mile routes , perhaps in combination with other profitable segments of the network;


### — having regard to the treaty on the functioning of the european union (tfeu) , in particular title xviii thereof , ### — having regard to the treaty on the functioning of the european union (tfeu) , in particular title xviii thereof and especially art. 5(3) ,


### d. whereas city freight transport and logistics are essential to the functioning of urban economies; ### d. whereas the efficient movement of people , services and goods , including city freight transport and logistics are essential to the functioning of urban economies;


### f. whereas every year around 22 700 people still lose their lives on the eu’s roads and around 120 000 are seriously injured; whereas 38 % of road fatalities in the eu occur in urban areas , and vulnerable road users such as pedestrians and cyclists account for 70 % of deaths; ### f. whereas every year around 22 700 people still lose their lives on the eu’s roads and around 120 000 are seriously injured; whereas 38 % of road fatalities in the eu occur in urban areas , and vulnerable road users such as pedestrians , cyclists and motorcyclist account for 70 % of deaths;


### g. whereas the rules and requirements regarding active mobility , new forms of mobility and micro-mobility are still underdeveloped or vary between member states; ### g. whereas the rules and requirements regarding active mobility , new forms of mobility and micro-mobility are still underdeveloped or vary between member states , which has a significant impact on citizens’ safety and further leads to missed opportunities for users in different member states and uncertainty for operators;


### h. whereas the number of accidents involving electric scooters and other new forms of urban mobility has increased over the past two years; ### h. whereas the number of accidents involving new forms of micro-mobility such as electrically powered personal mobility devices has increased over the past two years;


### strengthening the urban mobility framework ### strengthening the urban mobility framework: a new page in eu's urban road safety , accessibility and security


### 1. points out that in order to meet its ambitious economic , environmental , digital , health and societal objectives , urban mobility in the eu needs to be guided by smart , competitive , more sustainable and multimodal transport solutions; ### 1. points out that in order to meet its ambitious economic , environmental , digital , health and societal objectives , urban mobility in the eu needs to be guided by smart , competitive , more sustainable , multimodal transport solutions and invest in training regional and local authorities on the mechanisms and opportunities provided by the eu in the transport sector with a view to streamlining and simplifying the funding landscape and creating more opportunities;


### 1. points out that the european green deal , the sustainable and smart mobility strategy and the new eu urban mobility framework acknowledge the importance of safe , accessible and inclusive urban mobility in the green and digital transitions; urges the commission to spell out specific accessibility measures more clearly; ### 1. points out that the european green deal , the sustainable and smart mobility strategy and the new eu urban mobility framework acknowledge the importance of safe , reliable , accessible and reasonably-priced to foster social inclusion , inclusive urban mobility in the green and digital transitions; urges the commission to spell out specific accessibility measures more clearly;


### 2. stresses that all modes of transport have their role to play and that the modal shift cannot simply be imposed upon people but must be supported by people; ### 2. stresses that all modes of transport have their role to play in transforming urban mobility , including through the modal shift , which cannot simply be imposed upon people and regions; stresses that in this context , solutions need to be found that are supported by people and regional authorities , the principle of subsidiarity forming the baseline for evaluation of further eu action;


### 2. stresses that all modes of transport have their role to play and that the modal shift cannot simply be imposed upon people but must be supported by people; ### 2. stresses that all modes of transport have their role to play and that the modal shift cannot simply be imposed upon people but must be supported by people; highlighting in this regard that all users (from urban , peri-urban and rural areas) should be equally important in the process of urban transport planning