### (18) a comprehensive approach on all the most relevant ghg emissions (co2 , ch4 and n2o) is necessary to promote the use of energy sources providing a lower ghg footprint overall. in order to reflect the global warming potential of methane and nitrous oxides , the limit set by this regulation should therefore be expressed in terms of ‘co2 equivalent’. ### (18) a comprehensive approach on all the most relevant ghg emissions (co2 , bc ,ch4 and n2o) is necessary to promote the use of energy sources providing a lower ghg footprint overall. in order to reflect the global warming potential of black carbon , methane and nitrous oxides , the reference value and the limits set by this regulation should therefore be expressed in terms of ‘co2 equivalent’. the reference value should be published by the european commission no later than december 2022 and should correspond to the fleet average greenhouse gas intensity of the energy used on-board by ships in 2020determined on the basis of data monitored and reported in the framework of regulation (eu) 2015/757 and using the methodology and default values laid down in annex i and annex ii to this regulation.


### (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 energy sources and alternative propulsion , such as wind and solar energy , greatly reduces the greenhouse gas intensity of the overall ship energy use. solutions to accurately measure and quantify these energy sources such as on board sensors and software for assessing route conditions are becoming increasingly available. therefore , the contribution of renewable energy sources and alternative propulsion to the overall ship’s energy balance should be recorded and accounted as accurately as possible by using the best means of measuring available to date or , when that is proven not technically possible , through the best available approximations. for instance , the mepc.1/circ.896 from the international maritime organization (imo) provides guidance on the treatment of innovative energy efficiency technology , including for estimating energy from wind assist propulsion.


### (20) air pollution produced by ships (sulphur oxides , nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities. therefore , specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their engines during their stay in port. according to the data collected within the framework of regulation (eu) 2015/757 in 2018 , passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. accordingly , emissions from these categories of ships should be addressed as a priority. ### (20) air pollution produced by ships (sulphur oxides , nitrogen oxides and particulate matter) at berth is a significant concern for coastal areas and port cities , with an estimated impact of over 50 000 deaths per year in the union. therefore , specific and stringent obligations should be imposed to reduce emissions at berth from ships that draw power from their internal combustion engines during their stay in port. according to the data collected within the framework of regulation (eu) 2015/757 in 2018 , passenger ships and containerships are the ship categories producing the highest amount of emissions per ship at berth. accordingly , emissions from these categories of ships should be addressed as a priority , followed soon after by measures and targets addressing emissions for all remaining ships in order to improve air quality in coastal areas and port cities.


### (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 at berth as well as reducing the amount of ghg emissions generated by maritime transport at berth. ops represents an increasingly useful power supply available to ships at berth , which will be as decarbonised as the proportion of the renewable energy 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 all ships covered by this regulation.


### (22) in addition to ops , other technologies might be capable of offering equivalent environmental benefits in ports. when the use of an alternative technology is demonstrated to be equivalent to the use of ops , a ship should be exempted from its use of ops. ### (22) in addition to ops , other technologies might be capable of offering equivalent environmental benefits in ports , such as renewable installation on board , batteries and batteries swaps. when the use of an alternative technology is demonstrated to be equivalent to the use of ops in terms of air pollution and ghg emissions reduction , a ship should be exempted from its use of ops.


### (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. ### deleted


### (25) a robust monitoring , reporting and verification system should be put in place by this regulation in order to trace compliance with its provisions. such system should apply in a non-discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. in order to facilitate achieving the objective of this regulation , any data already reported for the purpose of regulation (eu) 2015/757 should be used , when necessary , for verifying compliance with this regulation in order to limit administrative burden imposed on companies , verifiers and maritime authorities. ### (25) a robust and transparent monitoring , reporting and verification system should be put in place by this regulation in order to trace compliance with its provisions. such system should apply in a non-discriminatory way to all ships and require third party verification in order to ensure the accuracy of the data submitted within this system. in order to facilitate achieving the objective of this regulation , any data already reported for the purpose of regulation (eu) 2015/757 should be used , when necessary , for verifying compliance with this regulation in order to limit administrative burden imposed on companies , verifiers , maritime and administrative authorities.


### (26) companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth , as well as other relevant information , such as information on the type of engine on board or presence of wind assisting technologies , with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this regulation. to facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers , similarly to regulation (eu) 2015/757 , companies should document the envisaged monitoring method and provide further details on the application of the rules of this regulation in a monitoring plan. the monitoring plan , as well as its subsequent modifications , if applicable , should be submitted to the verifier. ### (26) companies should be responsible for monitoring and reporting the amount and type of energy used on-board by ships in navigation and at berth , as well as other relevant information , such as information on the type of engine on board , technical specification of wind assisting technologies or any alternative source of energy present onboard , including the accounting of the energy they provide , with a view to showing compliance with the limit on the greenhouse gas intensity of the energy used on-board by a ship set out by this regulation. to facilitate the fulfilment of these monitoring and reporting obligations and the verification process by the verifiers , similarly to regulation (eu) 2015/757 , companies should document the envisaged monitoring method and provide further details on the application of the rules of this regulation in a monitoring plan. the monitoring plan , as well as its subsequent modifications , if applicable , should be submitted to the verifier.


### (27) certification of fuels is essential to achieve the objectives of this regulation and guarantee the environmental integrity of the renewable and low-carbon fuels that are expected to be deployed in the maritime sector. such certification should be undertaken by means of a transparent and non-discriminatory procedure. with a view to facilitating certification and limiting the administrative burden , the certification of biofuels , biogas , renewable fuels of non-biological origin and recycled carbon fuel should rely on the rules established by directive (eu) 2018/2001. this approach of certification should also apply to fuels bunkered outside the union , which should be considered as imported fuels , in a similar way as directive (eu) 2018/2001. when companies intend to depart from the default values provided for by that directive or this new framework , this should only be done when values can be certified by one of the voluntary schemes recognised under directive (eu) 2018/2001 (for well-to-tank values) or by means of laboratory testing or direct emissions measurements (tank-to-wake). ### (27) certification of fuels is essential to achieve the objectives of this regulation and guarantee the environmental integrity of the renewable fuels that are expected to be deployed in the maritime sector. such certification should be undertaken by means of a transparent and non-discriminatory procedure. with a view to facilitating certification and limiting the administrative burden , the certification of biofuels , biogas and renewable fuels of non-biological origin should rely on the rules established by directive (eu) 2018/2001. this approach of certification should also apply to fuels bunkered outside the union , which should be considered as imported fuels , in a similar way as directive (eu) 2018/2001.


### (29) based on the data and information monitored and reported by companies , the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit , including any compliance surplus or deficit , as well as the respect of the requirements to use on-shore power supply at berth. the verifier should notify this information to the company concerned. where the verifier is the same entity as the verifier for the purpose of regulation (eu) 2015/757 , such notification could be done together with the verification report under that regulation. such information should be then reported by the company concerned to the commission. ### (29) based on the data and information monitored and reported by companies , the verifiers should calculate and establish the yearly average greenhouse gas intensity of energy used on-board by a ship and the ship’s balance with respect to the limit , including any compliance surplus or deficit , as well as the respect of the requirements to use on-shore power supply at berth and to use distillates or sustainable renewable alternatives or zero-emission technologies on journeys in or near the arctic. the verifier shall also separately aggregate on an annual basis each type of fuel or energy consumed at berth and at sea , including for each substitute source of energy consumed such as electricity , wind or solar energy. the verifier should notify and transmit this information to the company concerned. where the verifier is the same entity as the verifier for the purpose of regulation (eu) 2015/757 , such notification could be done together with the verification report under that regulation. such information should be then reported by the company concerned to the commission.


### (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 a centrally managed electronic database for registering the performance of each ship and ensuring its compliance with the various provisions of this regulation , as well as for collecting data on energy uses , penalties , flexibilities , exemptions and any other relevant information related to the 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. to enhance transparency while reducing the administrative burden for shipowners and operators , verifiers should aggregate at individual ship level the compliance data reported by shipowners and operators. the data entered in the database should be comparable and be made publicly available in an open format in order to allow the general public and , in particular , the civil society and the scientific community to track the ecological transition of the maritime sector.


### (31) compliance with this regulation would depend on elements that could be beyond control of the company , such as issues related to fuel availability or fuel quality. therefore , companies should be allowed the flexibility of rolling-over a compliance surplus from one year to another or borrowing an advance compliance surplus , within certain limits , from the following year. the use of ops at berth , being of high importance for local air quality in port cities and coastal areas should not be eligible for similar flexibility provisions. ### (31) compliance with this regulation would depend on elements that could be beyond control of the company , such as issues related to fuel availability or fuel quality. therefore , companies should be allowed the flexibility of rolling-over a compliance surplus generated by renewable-based propulsion and renewable fuels or gases from one year to another or borrowing an advance compliance surplus , within certain limits , from the following year. the use of ops at berth , being of high importance for local air quality in port cities and coastal areas should not be eligible for similar flexibility provisions.


### (32) in order to avoid technology lock-in and continue supporting the deployment of most performant solutions , companies should be allowed to pool the performances of different ships and use the possible over-performance of one ship to compensate for the under-performance of another ship. this creates a possibility to reward overcompliance and incentivates investment in more advanced technologies. the possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies. ### (32) in order to avoid technology lock-in and continue supporting the deployment of most energy efficient and sustainable renewable energy solutions , companies should be allowed to pool the performances of ships powered by zero-emission fuels or zero-emission technologies and use the possible over-performance of one ship to compensate for the under-performance of another ship. this creates a possibility to reward overcompliance and incentivises investment in more advanced technologies. the possibility to opt for pooled compliance should remain voluntary and subject to agreement of the concerned companies.


### (33) a document of compliance (‘fueleu certificate of compliance’) issued by a verifier following the procedures established by this regulation , should be kept on board ships as evidence of compliance with the limits on the greenhouse gas intensity of the energy used on-board by a ship a with the requirements on the use of ops at berth. verifiers should inform the commission of the issuance of such documents. ### (33) a document of compliance (‘fueleu certificate of compliance’) issued by a verifier following the procedures established by this regulation , should be kept on board ships as evidence of compliance with the limits on the greenhouse gas intensity of the energy used on-board by a ship , and with the requirements on the use of rfnbos , on the use of ops at berth , and on the use of distillates or other sustainable renewable fuels during journeys through the arctic. verifiers should inform the commission of the issuance of such documents. port authorities should check the certificates of all ships falling under the scope of this regulation that call at their ports.


### (35) without prejudice to the possibility of complying through the flexibility and pooling provisions , the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. the penalty should be proportionate to the extent of the non-compliance and remove any economic advantage of non-compliance , thus preserving a level playing field in the sector. it should be based on the amount and cost of renewable and low-carbon fuel that the ships should have used to meet the requirements of the regulation. ### (35) without prejudice to the possibility of complying through the flexibility and pooling provisions , the ships that do not meet the limits on the yearly average greenhouse gas intensity of the energy used on-board shall be subject to a penalty that has dissuasive effect. the penalty should be proportionate to the extent of the non-compliance and remove any economic advantage of non-compliance , thus preserving a level playing field in the sector. it should be double the amount and cost of renewable fuel that the ships should have used to meet the requirements of the regulation.


### (36) the penalty imposed for each non-compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. the penalty should be based on the power installed on board the vessel , expressed in megawatts , multiplied by a fixed penalty in eur per hour of stay at berth. due to lack of accurate figures on the cost of providing ops in the union , this rate should be based on the eu average electricity price for non-household consumers multiplied by a factor of two to account for other charges related to the provision of the service , including among others connection costs and investment recovery elements. ### (36) the penalty imposed for each non-compliant port call should be proportionate to the cost of using the electricity and at sufficient level to have a dissuasive effect from the use of more polluting energy sources. the penalty should be based on the power installed on board the vessel , expressed in megawatts , multiplied by a fixed penalty in eur per hour of stay at berth. due to lack of accurate figures on the cost of providing ops in the union , this rate should be based on the most recent eu average electricity price for non-household consumers at the moment the penalty is imposed multiplied by a factor of two to account for other charges related to the provision of the service , including among others connection costs and investment recovery elements.


### (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 ecological just transition of the maritime sector by means of the rapid improvement of energy and operational efficiency of ships , including in short sea shipping and ports , the deployment of zero-emission propulsion technologies and the uptake of sustainable use of renewable energy , including wind , and in doing so helping maritime operators to meet their climate and environmental goals. in parallel , revenues should also be used to support the training , re- and up-skilling of workers along the entire value chain of the maritime sector , including shipyards , in order to equip them with environmentally friendly skills and technologies needed for the transition. trainings for maritime navigators and captains , in particular , should also focus on the benefits and efficiency gains of slow steaming , route optimisation and cargo logistics as well as raising awareness of marine ecosystems and of the problem of marine litter. 20% of the yearly revenue generated from the payment of penalties shall be used to contribute to the protection , restoration and better management of marine ecosystems. for this purpose these revenues should be allocated to the ocean fund. in any case , at least 20% of the yearly revenues generated from the payment of the penalties shall be used to contribute to the protection , restoration and better management of marine ecosystems.


### (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 , 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 and the administering authority 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 complementing the requirements related to the energy and operational efficiency target , of defining or updating standards for measuring and accounting substitute sources of energy , of amendment of the list of well-to-wake emission factors , calculation of co2-equivalent emissions , including for black carbon , amendment of the list of the applicable zero-emission technologies , criteria for their use or the measuring of their contribution to the ships' energy balance , to define the monitoring plans template , adaptation of the penalty factor and formulas , 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.


### (43) the uptake of renewable and low-carbon fuels and substitute sources of energy by ships arriving at , within or departing from ports under the jurisdiction of a member state across the union , is not an objective that can be sufficiently achieved by the member states without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. this objective can be better achieved by introducing uniform rules at union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. accordingly , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective , ### (43) the uptake of renewable fuels and substitute sources of energy by ships arriving at , within or departing from ports under the jurisdiction of a member state across the union , is not an objective that can be sufficiently achieved by the member states without risking to introduce barriers to the internal market and distortions of competition between ports and between maritime operators. this objective can be better achieved by introducing uniform rules at union level that create economic incentives for maritime operators to continue operating unimpededly while meeting obligations on the use of renewable and low-carbon fuels. accordingly , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective ,


### 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 used on-board by a ship arriving at , staying within or departing from ports under the jurisdiction of a member state;


### 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 incentivise more energy efficient shipping operations and to increase consistent use of sustainable renewable energy and substitute sources of energy in replacement to fossil fuels across the union and to achieve zero emissions in the maritime sector by 2040 , while ensuring the smooth operation of maritime traffic 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 all ships above a gross tonnage of 400 , regardless of their flag in respect to:


### 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 entirety 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.


### this regulation does not apply to warships , naval auxiliaries , fish-catching or fish-processing ships , wooden ships of a primitive build , ships not propelled by mechanical means , or government ships used for non-commercial purposes. ### this regulation does not apply to wooden ships of a primitive build or ships not propelled by mechanical means except for fully wind-powered cargo ships.


### ‘greenhouse gas emissions’ means the release of carbon dioxide (co2) , methane (ch4) and nitrous oxides (n2o) into the atmosphere; ### ‘greenhouse gas emissions’ means the release of carbon dioxide (co2) , methane (ch4) and nitrous oxide (n2o) into the atmosphere and the direct radiative forcing of black carbon (bc) emissions;


### ‘food and feed crops’ means food and feed crops as defined in article 2 , point (40) , of directive (eu) 2018/2001; ### ‘crops’ means food and feed crops as defined in article 2 , point (40) , of directive (eu) 2018/2001 and intermediate crops , energy crops , palm fatty acid distillates , animal fats category iii , molasses , soap stock and derivatives;


### ‘zero-emission technology’ means a technology fulfilling the requirements of annex iii that does not imply the release of the following greenhouse gases and air pollutants into the atmosphere by ships: carbon dioxide (co2) , methane (ch4) , nitrous oxides (n2o) , sulphur oxides (sox) , nitrogen oxides (nox) and particulate matter (pm); ### ‘zero-emission technology ’ means a technology fulfilling the requirements of annex iii that does not imply the tailpipe release of the following greenhouse gases and air pollutants into the atmosphere by ships: carbon dioxide (co2) , black carbon (bc) , methane (ch4) , nitrous oxides (n2o) , sulphur oxides (sox) , nitrogen oxides (nox) and particulate matter (pm);


### ‘port of call’ means a port of call as defined in article 3 , poin (b) of regulation (eu) 2015/757; ### ‘port of call’ means the port where a ship stops to load or unload a substantial part of its cargo or to embark or disembark passengers; consequently , stops for the sole purposes of refuelling , obtaining supplies , relieving the crew , going into dry-dock or making repairs to the ship and/or its equipment , stops in port because the ship is in need of assistance or in distress , ship-to-ship transfers carried out outside ports , and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;


### ‘company’ means company as defined in article 3 , point (d) of regulation (eu) 2015/757; ### ‘company’ means the shipowner or any other organisation or person such as the manager; the time charterer or the bareboat charterer , which has assumed the responsibility for the commercial operation of the ship from the shipowner and is responsible for paying for fuel consumed by the ship;


### ‘least favourable pathway’ means the most carbon-intensive production pathway used for any given fuel; ### ‘least favourable pathway’ means the most ghg-intensive production pathway used for any given fuel;


### ‘co2 equivalent’ means the metric measure used to compute the emissions from co2 , ch4 and n2oon the basis of their global-warming potential , by converting amounts of ch4 and n2o to the equivalent amount of carbon dioxide with the same global warming potential; ### ‘co2 equivalent’ means the metric measure used to compute the emissions from co2 , bc ,ch4 and n2o on the basis of their global-warming potential , by converting amounts of bc , ch4 and n2o to the equivalent amount of carbon dioxide with the same global warming potential (gwp) using gwp 20 figures;


### ii requirements on energy used on-board by ships ### ii requirements on energy uses on-board by ships


### greenhouse gas intensity limit of energy used on-board by a ship ### greenhouse gas intensity limit of energy used on-board by a ship and mandate for the uptake of renewable fuels of non-biological origin


### — -2% from 1 january 2025; ### — -4.4% from 1 january 2025;


### — -2% from 1 january 2025; ### — - 4.4 % from 1 january 2025;


### — -6% from 1 january 2030; ### — -22.4% from 1 january 2030;


### — -6% from 1 january 2030; ### — - 22.4 % from 1 january 2030;


### — -13% from 1 january 2035; ### — -75.4% from 1 january 2035;


### — -13% from 1 january 2035; ### — - 75.4 % from 1 january 2035;


### — -26% from 1 january 2040; ### — -100% from 1 january 2040;


### — -59% from 1 january 2045; ### deleted


### — -75% from 1 january 2050. ### deleted


### 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.


### 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. ### 4. the commission is empowered to adopt delegated acts in accordance with article 26 to amend annex ii in order to ensure the emission factors are as representative as possible to real emissions according to the best available scientific and technical knowledge , to include the well-to-wake emission factors related to black carbon and any new sources of energy , to adapt the existing emission factors to ensure consistency with more ambitious future international standards or legislations of the union in the fields of energy , environment and climate.


### 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. 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.


### 2. paragraph 1 shall apply to: ### 2. paragraph 1 shall apply:


### containerships; ### by 1 january 2025 , to passenger ships and all seagoing containerships above 400 gross tonnes;


### passenger ships. ### by 1 january 2030 to all types of ships above 400 gross tonnes.


### 3. paragraph 1 shall not apply to ships: ### 3. paragraphs 1 and 2 shall not apply to ships:


### that are at berth for less than two hours , calculated on the basis of hour of departure and arrival monitored in accordance with article 14; ### deleted


### that are unable to connect to on-shore power supply due to unavailable connection points in a port; ### deleted


### 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. ### 4. the commission is empowered to adopt delegated acts in accordance with article 26 to amend annex iii in order to insert references to new technologies in the list of applicable zero-emission technologies or modify the criteria for their use , where these new technologies or other uses criteria are found equivalent or better in term of emissions reduction to the technologies and criteria for uses listed in that annex in the light of scientific and technical progress as well as developments in the union’s climate , environmental and energy legislation.


### 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). ### deleted


### 2. monitoring and reporting shall be complete and cover the energy used on-board by ships , while the ships are at sea as well as at berth. companies shall apply appropriate measures to prevent any data gaps within the reporting period. ### 2. monitoring and reporting shall be complete and cover the energy used on-board by ships , while the ships are at sea as well as at berth , and the necessary temporal and geographical information needed to precisely identify the energy used by ships navigating through the arctic.


### 3. monitoring and reporting shall be consistent and comparable over time. to that end , companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. companies shall enable reasonable assurance of the integrity of the data to be monitored and reported. ### 3. monitoring and reporting shall be consistent and comparable over time. to that end , companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. companies shall ensure the integrity of the data to be monitored and reported.


### 4. companies shall obtain , record , compile , analyse and document monitoring data , including assumptions , references , emission factors and activity data , in a transparent and accurate manner , so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships. ### 4. companies shall obtain , record , compile , analyse and document monitoring data , including assumptions , references , emission factors and activity data , in a transparent , complete and accurate manner , so that the verifier can determine the greenhouse gas intensity of the energy used on-board by ships , the share of renewable fuels of non- biological origins (rfnbos) , the energy used on-board for voyages through the arctic and any other information required to comply with this regulation.


### 5. in undertaking the monitoring and reporting activities set out in articles 7 to 9 and 14 of this regulation , information and data collected for the purpose of regulation (eu) 2015/757 shall be used where appropriate. ### 5. in undertaking the monitoring and reporting activities set out in articles 7 , 8 and 14 of this regulation , information and data collected for the purpose of regulation (eu) 2015/757 shall be used where appropriate.


### a description that the ship has installed and certified equipment to allow connection to onshore power supply , at a specified voltage and frequency , including the gear specified in iec/ieee 80005-1 (high voltage) and iec/ieee 80005-3 (low voltage) or is equipped with substitute sources of energy or a zero-emission technology as specified in annex iii; ### a description that the ship has installed and certified equipment to allow connection to onshore power supply , at a specified voltage and frequency , including the gear specified in iec/ieee 80005-1 (high voltage) and iec/ieee 80005-3 (low voltage) or is equipped with substitute sources of energy or a zero-emission technology as specified in annex iii together with a description of their main technical specifications , including their capacity expressed in megajoules (mj) when relevant;


### a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in articles 4 and 5; ### a description of the intended source(s) of energy to be used on-board while in navigation and at berth to comply with the requirements set out in articles 4 , 5 , including the sources of energy intended to power the zero-emission technology specified in annex iii , such as main intended energy source to charge the on board-electricity storage and to power the fuel cells , and in article 5a;


### a description of the procedures for monitoring the fuel consumption of the ship as well as the energy provided by substitute sources of energy or a zero-emission technology as specified in annex iii; ### a description of the procedures for monitoring and accounting the fuel consumption of the ship as well as the energy provided by substitute sources of energy or a zero-emission technology as specified in annex iii;


### a description of the procedures used for determining activity data per voyage , including the procedures , responsibilities , formulae and data sources for determining and recording the time spent at sea between the port of departure and the port of arrival and the time spent at berth; ### a description of the procedures used for determining activity data per voyage , including the procedures , responsibilities , formulae and data sources for determining and recording the time spent at sea between the port of departure and the port of arrival and the time spent at berth , including for voyages through the arctic;


### a description of the method to be used to determine surrogate data for closing data gaps; ### a description of the measures taken to prevent data gaps and fraud and of the method to be used to determine surrogate data for closing unavoidable data gaps as well as methods to identify data errors;


### 4. companies shall use standardised monitoring plans based on templates. the commission shall , by means of implementing acts , determine those templates , including the technical rules for their uniform application. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27(3). ### 4. companies shall use standardised monitoring plans based on templates. the commission shall adopt delegated acts in accordance with article 26 supplementing this regulation by establishing standardised monitoring plans based on templates , including the technical rules for their uniform application and use.


### 1. companies shall check regularly , and at least annually , whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved. ### 1. companies shall check regularly , and at least twice a year , whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved.


### 4. modifications of the monitoring plan referred to in paragraph 2 , points (b) , (c) and (d) of this article shall be subject to assessment by the verifier. following the assessment , the verifier shall notify the company concerned whether those modifications are in conformity with article 6. ### 4. modifications of the monitoring plan referred to in paragraph 2 , points (b) , (c) , (d) and (ea) of this article shall be subject to assessment by the verifier. following the assessment , the verifier shall notify the company concerned whether those modifications are in conformity with article 6.


### certification of biofuels , biogas , renewable liquid and gaseous transport fuels of non-biological origin and recycled carbon fuels ### sustainability and ghg saving criteria of transport fuels


### 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 and renewable fuels of non-biological origin , as defined in directive (eu) 2018/2001 , and other fuels or gases are to be taken into account for the purposes referred to in articles 4 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 shall comply with the sustainability and greenhouse gas saving criteria set out in article 29 of directive (eu) 2018/2001 and shall be determined according to the methodologies set out in that directive;


### greenhouse gas emissions factors of renewable fuels of non-biological origin and recycled carbon fuel that comply with the greenhouse gas emission savings thresholds set out in article 27(3) of directive (eu) 2018/2001 shall be determined according to the methodologies set out in that directive; ### greenhouse gas emissions factors of renewable fuels of non-biological origin shall comply with the greenhouse gas emission savings thresholds set out in article 27(3) of directive (eu) 2018/2001 , and the related delegated acts on additionality and ghg methodology , and 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) or that are produced from food and feed crops , intermediate crops , energy crops , palm fatty acid distillates , used cooking oil , animal fats category iii , molasses , soapstocks and derivatives , shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuel;


### renewable fuels of non-biological origin and recycled carbon fuels that do not comply with point (b) shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels. ### renewable fuels of non-biological origin that do not comply with point (b) and any other hydrogen-derived synthetic fuels or hydrogen types shall be considered to have the same emission factors as the least favourable fossil fuel pathway for this type of fuels;


### 2. companies shall provide accurate and reliable data on the ghg emission intensity and the sustainability characteristics of biofuels , biogas , renewable fuels of non-biological origin and recycled carbon fuel , verified by a scheme that is recognised by the commission in accordance with article 30(5) and (6) of the directive (eu) 2018/2001. ### 2. companies shall provide accurate , complete and reliable data on the ghg emission intensity and the sustainability characteristics of biofuels , biogas , renewable fuels of non-biological origin verified by a scheme that is recognised by the commission in accordance with article 30(5) and (6) of the directive (eu) 2018/2001.


### 3. companies shall be entitled to divert from the established default values for the tank-to-wake emission factors provided that actual values are certified by means of laboratory testing or direct emissions measurements. the commission is empowered to adopt delegated acts in accordance with article 26 , in order to supplement this regulation by establishing the rules on conducting the laboratory testing and direct emissions measurements. ### deleted


### 1. the verifier shall assess the conformity of the monitoring plan with the requirements laid down in articles 6 to 9. where the verifier’s assessment identifies non-conformities with those requirements , the company concerned shall revise its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. the company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. that timeframe shall in any event not extend beyond the beginning of the reporting period. ### 1. the verifier shall assess the conformity of the monitoring plan with the requirements laid down in articles 6 to 9. where the verifier’s assessment identifies non-conformities with those requirements , the company concerned shall revise without undue delay its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. the company concerned shall agree with the verifier on the timeframe necessary to introduce those revisions. that timeframe shall in any event not extend beyond one month before the beginning of the reporting period.


### 3. where the verification assessment identifies incorrect statements or non-conformities with this regulation , the verifier shall inform the company concerned thereof in a timely manner. that company shall then amend the incorrect statements or non-conformities so as to enable the verification process to be completed in time. ### 3. where the verification assessment identifies incorrect statements or non-conformities with this regulation , the verifier shall inform the company concerned thereof in a timely manner. that company shall then amend without undue delay the incorrect statements or non-conformities so as to enable the verification process to be completed in time.


### the use of on-shore power supply or the presence of exceptions certified in accordance with article 5(5). ### the use of on-shore power supply or the presence of exceptions listed in article 5(3) as certified in accordance with article 5(5).


### 1. the verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount , type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. where significant deviations are found , the verifier shall carry out further analyses. ### 1. the verifier shall identify potential risks related to the monitoring and reporting process by comparing reported amount , type and emission factor of the energy used on-board by ships with estimated data based on ship tracking data and characteristics such as the installed engine power. where deviations are found , the verifier shall carry out further analyses.


### 1. verifiers shall be accredited for activities under the scope of this regulation by a national accreditation body pursuant to regulation (ec) no 765/2008. ### 1. verifiers shall be accredited for activities under the scope of this regulation by a national accreditation body pursuant to regulation (ec) no 765/2008. the national accreditation body shall notify without undue delay to the commission the list of accredited verifiers together with the information allowing their identification and record them in the database.


### 3. the commission is empowered to adopt delegated acts in accordance with article 26 , in order to supplement this regulation by establishing further methods and criteria of accreditation of verifiers. the methods specified in those delegated acts shall be based on the principles for verification provided for in articles 10 and 11 and on relevant internationally accepted standards. ### 3. the commission is empowered to adopt delegated acts in accordance with article 26 , in order to supplement this regulation by establishing further methods and criteria of accreditation of verifiers and to ensure the verifiers’ independence and impartiality. the methods specified in those delegated acts shall be based on the principles for verification provided for in articles 10 and 11 and on relevant internationally accepted standards.


### for each ship that the requirement of article 5(1) applies , the connection to and use of on-shore power or the existence of any of the exceptions listed in article 5(3); ### for each ship that the requirement of article 5(1) applies , the connection to and use of on-shore power or the existence of any of the exceptions listed in article 5(3) as certified in accordance with article 5(5);


### the amount of each type of substitute source of energy consumed at berth and at sea. ### the amount of each type of substitute source of energy consumed at berth and at sea , including the amount of each source of energy powering the zero-emission technologies , such as wind , solar energy , source of electricity stored on batteries , type of fuels powering the fuel cells and batteries.


### 2. companies shall record the information and data listed in paragraph 1 on annual basis in a transparent manner , that enables the verification of compliance with this regulation by the verifier. ### 2. companies shall record the information and data listed in paragraph 1 in a timely and transparent manner and compile them on annual basis to enable the verification of compliance with this regulation by the verifier.


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


### compliance database and reporting ### rees fueleu maritime database , reporting and publication of information


### 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 a centrally managed electronic rees fueleu maritime database for keeping record of the main provisions of this regulation and shall ensure its functioning , update , storage and publication of information submitted by companies , verifiers and the national accreditation body.


### 2. the commission shall , by means of implementing acts , lay down the rules for access rights and the functional and technical specifications of the compliance database. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27(3). ### 2. the commission shall , by means of implementing acts , lay down the rules for access rights and the functional and technical specifications of the database , while ensuring the public accessibility of the data. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27(3).


### 3. by 30 april of each year , the company shall record in the compliance database for each of its ships the information referred to in article 15(2) , as ascertained by the verifier , together with information allowing to identify the ship , the company , as well as the identity of the verifier that carried out the assessment. ### 3. by 30 april of each year , the company shall record in the compliance database for each of its ships the information referred to in article 15(2) , as ascertained and calculated by the verifier , the yearly exceptions applied under article 5(3) , if any , together with information allowing to identify the ship , the company , as well as the identity of the verifier that carried out the assessment.


### 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 multiplied by 1.1. if the ship ceases operation before fulfilling the advance compliance surplus , it shall pay a penalty calculated in accordance with article 20. the advance compliance surplus may not be borrowed:


### for the amount exceeding by more than 2% the limit set out in article 4(2) , multiplied by the energy consumption of the ship calculated in accordance with annex i; ### for the amount exceeding by more than 1% the limit set out in article 4(2) , multiplied by the energy consumption of the ship calculated in accordance with annex i;


### 3. by 30 april of the year following the reporting period , the company shall record the advance compliance surplus , following approval by its verifier , in the compliance database. ### 3. by 30 april of the year following the reporting period , the company shall record the advance compliance surplus , following approval by its verifier , in the database referred to in article 16.


### 1. the compliance balances of two or more ships , which are verified by the same verifier , may be pooled for the purposes of fulfilling the requirements of article 4. a ship’s compliance balance may not be included in more than one pool in the same reporting period. ### 1. the compliance balances of two or more ships , which are verified by the same verifier , may be pooled for the purposes of fulfilling the requirements of article 4. pooling compliance surplus shall be restricted to ships powered by zero-emission fuels , in accordance with values in annex ii , and zero-emission technologies , in accordance with annex iii. a ship’s compliance balance may not be included in more than one pool in the same 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 , such deficit shall be added to the ship’s balance in the following reporting period , and the company shall pay a dissuasive penalty double the amount and cost of renewable fuels that the ships should have used to meet the requirements of this regulation. the administering authority with respect to the shipping company shall calculate the amount of the penalty on the basis of the formula specified in annex v.


### 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 dissuasive penalty for each non-compliant port call. the administering authority with respect to the shipping company 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.


### 3. notwithstanding article 19(1) , the verifier shall issue a fueleu certificate of compliance once the penalties referred to in paragraphs 1 and 2 of this article have been paid. the actions referred to in this article as well as the proof of the financial payments in accordance with article 21 shall be recorded in the fueleu certificate of compliance. ### 3. notwithstanding article 19(1) , the verifier shall issue a fueleu certificate of compliance after the penalties referred to in paragraphs 1 and 2 of this article have been paid for a maximum of two consecutive years. for the second consecutive year of non-compliance both the penalties , referred to in paragraphs 1 and 2 of this article , and the compliance deficit to be added to the ship’s balance in the following reporting period shall be doubled. for a third year of non-compliance the verifier shall not issue a fueleu certificate of compliance. the actions referred to in this article as well as the proof of the financial payments in accordance with article 21 shall be recorded in the fueleu certificate of compliance.


### 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. ### 4. the commission is empowered to adopt delegated acts in accordance with article 26 to amend annex v in order to adapt the formula referred to in paragraph 1 of this article , and to amend the amount of the fixed penalty laid down in paragraph 2 of this article , as soon as the developments in the cost of energy undermine the dissuasive effect of those penalties.


### allocation of penalties to support renewable and low-carbon fuels in the maritime sector ### allocation of penalties to support the just ecological transition of the maritime sector


### 1. the penalties referred to in article 20(1) and 20(2) shall be allocated to support common projects aimed at the rapid deployment of renewable and low carbon fuels in the maritime sector. projects financed by the funds collected from the penalties shall stimulate the production of greater quantities of renewable and low carbon fuels for the maritime sector , facilitate the construction of appropriate bunkering facilities or electric connection ports in ports , and support the development , testing and deployment of the most innovative european technologies in the fleet to achieve significant emission reductions. ### 1. the penalties referred to in article 20 shall be allocated to support common projects aimed to accelerate the just ecological transition of the maritime sector by means of the rapid improvement of energy and operational efficiency of ships , the deployment of zero-emission propulsion technologies and the uptake of sustainable renewable energy in the maritime sector , as well as to help the protection , restoration and better management of marine ecosystems. these revenues should be allocated to the ocean fund referred to in directive 2003/87/ec. in any case , at least 20% of the yearly revenues generated from the payment of the penalties shall be used to contribute to the protection , restoration and better management of marine ecosystems. projects financed by the funds collected from the penalties shall apply the energy efficiency first principle and stimulate the production of greater quantities of sustainable renewable fuels and on-board renewable generation solutions for the maritime sector , facilitate the construction of the relative bunkering facilities , electric connection points in ports , and support the development , testing and deployment of the most innovative european technologies in the fleet to achieve a zero-emission , highly energy efficient and fully renewable-based maritime sector as soon as possible. projects financed by the funds collected shall contextually support , in dialogue with social partners , the redeployment , re-skilling and up-skilling of the workers to provide the environmentally friendly and technology-related skills required for the transition.


### 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 ocean fund referred to in article 3gdb of directive 2003/87/ec and used to finance programmes according to the principles and objectives established in paragraph 1 and 1a. 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.


### 3. the commission is empowered to adopt delegated acts in accordance with article 26 to supplement this regulation concerning the modalities for the payment of the penalties referred to in article 20(1) and 20(2). ### 3. the commission is empowered to adopt delegated acts in accordance with article 26 to supplement this regulation concerning the modalities for the payment of the penalties referred to in article 20(1) and 20(2) and the modalities for making the information on the supported projects available to the public.


### 1. member states shall lay down the rules on sanctions applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented. the sanctions provided for must be effective , proportionate and dissuasive. member states shall notify those provisions to the commission by [dd/mm/20xx] , and shall notify to the commission without delay any subsequent amendments. ### 1. member states shall lay down the rules on sanctions applicable to infringements of this regulation and shall take all measures necessary to ensure that they are implemented. the sanctions provided for must be effective , proportionate and dissuasive. member states shall notify those provisions to the commission by 31 july 2024 and shall notify to the commission without delay any subsequent amendments. by 1 january 2025 , the commission shall report to the european parliament and the council the overview of the national measures laid down by member states and report without delay any subsequent amendments.


### 2. each member state shall ensure that any inspection of a ship in a port under its jurisdiction carried out in accordance with directive 2009/16/ec includes checking that a valid fueleu certificate of compliance is carried on board. ### 2. each member state shall ensure that any inspection of a ship in a port under its jurisdiction carried out in accordance with directive 2009/16/ec includes checking that a valid fueleu certificate of compliance is carried on board and standard procedures applied for port calls by the port authorities.


### 3. where a ship has failed to present a valid fueleu certificate of compliance for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance , the competent authority of the member state of the port of call may , after giving the opportunity to the company concerned to submit its observations , issue an expulsion order. the competent authority of the member state shall notify the expulsion order to the commission , the other member states and the flag state concerned. every member state , with the exception of any member state whose flag the ship is flying , shall refuse entry of the ship which is subject to the expulsion order into any of its ports until the company fulfils its obligations. where the ship flies the flag of a member state , the member state concerned shall , after giving the opportunity to the company concerned to submit its observations , order a flag detention until the company fulfils its obligations. ### 3. where a ship has failed to present a valid fueleu certificate of compliance and where other enforcement measures have failed to ensure compliance , the competent authority of the member state of the port of call shall , after giving the opportunity to the company concerned to submit its observations , issue an expulsion order. the competent authority of the member state shall notify the expulsion order to the commission , the other member states and the flag state concerned. every member state , with the exception of any member state whose flag the ship is flying , shall refuse entry of the ship which is subject to the expulsion order into any of its ports until the company fulfils its obligations. where the ship flies the flag of a member state , the member state concerned shall , after giving the opportunity to the company concerned to submit its observations , order a flag detention until the company fulfils its obligations as set out by this regulation.


### 5. sanctions against a specified ship by any member state shall be notified to the commission , to the other member states and to the flag state concerned. ### 5. sanctions against a specified ship by any member state shall be notified to the commission , to the other member states and to the flag state concerned. the commission shall record each notified sanction in the database.


### member states shall designate one or more competent authorities as responsible for the application and enforcement of this regulation (‘competent authorities’). they shall communicate their names and contact information to the commission. the commission shall publish on its website the list of competent authorities. ### member states shall designate one or more independent competent authorities as responsible for the application and enforcement of this regulation (‘competent authorities’). they shall communicate their names and contact information to the commission. the commission shall publish on its website , and on the database , the list of competent authorities.


### 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 3a , 4(3) , 4(4) , 5(4) , 7(4) , 13(3) , 20(4) , 20(4a) 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 3a , 4(3) , 4(4) , 5(4) , 7(4) , 13(3) , 20(4) , 20(4a) 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 3a , 4(3) , 4(4) , 5(4) , 7(4) , 13(3) , 20(4) , 20(4a) 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 report to the european parliament and the council , by 1 january 2027 and every 5 years thereafter , the results of an evaluation on the functioning of this regulation and the evolution of the technologies and market for zero-emission technologies and sustainable renewable energy in maritime transport and its impact on the maritime sector in the union.


### the limit referred to in article 4(2); ### make the limit referred to in article 4(2) more stringent;


### the ship types to which article 5(1) applies; ### expand the ship types to which this regulation applies to;


### the exceptions listed in article 5(3). ### limit the exceptions listed in article 5(3).


### the following point shall be added to the list set out in annex iv to directive 2009/16/ec: ‘51. the fueleu certificate of compliance issued under regulation (eu) xxxx on the use of renewable and low-carbon fuels in maritime transport’. ### the following point shall be added to the list set out in annex iv to directive 2009/16/ec: ‘51. the fueleu certificate of compliance issued under regulation (eu) xxxx on the energy efficiency and the use of renewable energy sources in maritime transport’.


### d. whereas the european year of rail 2021 was an opportunity to foster a shift towards making rail the backbone of passenger transport across the union; ### d. whereas the european year of rail 2021 was an opportunity to promote a shift towards making rail the backbone of passenger transport across the union;


### 1. welcomes the commission’s action plan and supports the proposed targets to make rail transport more attractive , competitive and efficient; ### 1. welcomes the commission’s action plan and supports the proposed intentions to make rail transport more attractive , competitive and efficient;


### a) contributing to the establishment of the single european railway area , which will help to improve the eu internal market and foster the socio-economic cohesion of the union; ### a) contributing to the establishment of the single european railway area , that can meet the mobility needs of europe’s citizens , which will help to improve the eu internal market and foster the socio-economic cohesion of the union;


### b) boosting connectivity across the whole of europe , including remote regions , islands , mountainous areas and less populated zones; ### b) boosting intra- as well as inter-modal connectivity across the whole of europe , including rural areas , remote regions , islands , mountainous areas and less populated zones;


### c) improving the efficiency and quality of transport , while reducing travel times and ticket prices; ### c) improving the efficiency and quality of transport , while reducing travel times and focussing increasingly on improving quality of service;


### d) ensuring fair competition among rail operators and between different modes of transport; ### d) ensuring fair competitive frameworks among rail operators and establishing a competitive level playing field between transport modes;


### e) ensuring the protection of passengers’ rights , guaranteeing equal access for all and fostering the attractiveness of rail transport for young people; ### e) ensuring the protection and further reinforcement of passengers’ rights , fostering the attractiveness of rail and guaranteeing equal access for all by fully implementing the european accessibility act;


### 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 , including in the upcoming revision of the ten-t regulation will help to create a digital single european railway area , ensuring the development of increased network capacity , safe , secure 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. highlights that boosting long-distance rail transport must be accompanied with an integration into different inter-regional , regional , urban and peri-urban rail networks as well as with other modes and ten-t , making door-to-door mobility easier , more accessible and more comfortable for passengers ;


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


### 9. considers that the timely completion of the multimodal , seamless ten-t core network corridors by 2030 is imperative and must involve the elimination of bottlenecks and missing links and the completion of cross-border sections; supports the planned high-speed rail connections in the extended core network , to be realised by 2040; ### 9. considers that the timely completion of the multimodal , seamless ten-t core network corridors by 2030 will be a first step to further network integration and must involve the elimination of bottlenecks as well as the (re)instatement of missing regional cross-border railway links and the completion of cross-border sections;


### 10. stresses that in order for ten-t to play its role in fostering socio-economic cohesion in the eu internal market , appropriate multimodal transport and smart connectivity to the ten-t core network must be developed for remote , insular , peripheral and other disadvantaged areas , many of which have considerable room for socio-economic improvement; ### 10. stresses that in order for ten-t to play its role in fostering socio-economic cohesion in the eu internal market , given that only 44% of eu border residents currently have access to rail services1a and that appropriate multimodal transport solutions are often missing , a smart connectivity to the ten-t core network is needed and a further integration of different national networks must be developed , also including rural , remote , insular , peripheral and other disadvantaged areas , many of which have considerable room for socio-economic improvement;


### sufficient rolling stock availability ### sufficient rolling stock


### 16. stresses the importance of ensuring improved use of the network and calls for measures to smooth passenger flow , including establishing transit and terminal nodes along high-speed routes; ### 16. stresses the importance of ensuring improved use of the network effects and calls for measures to smooth passenger flow , including establishing transit and terminal nodes both within the different segments of the rail sector including high-speed routes and within different transport modes;


### 19. stresses the importance of setting fair and appropriate pricing for all operators , while ensuring that infrastructure networks are adequately funded; ### 19. stresses the importance of setting a competitive framework amongst transport modes that ensures fair and efficient pricing for all operators , that ensures the internalisation of all external costs of all modes and leads to market prices that clearly indicate the best socio-economic and environmental choice; it is paramount to ensure that infrastructure networks are adequately funded;


### 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 through-ticketing that in its design already contains the possibility for the eventual introduction of multimodal ticketing; this needs to be accompanied by appropriate protection for passengers in the event of delays or missed connections for single options and through tickets , 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; recognises the need to grant passengers , tour operators , and ticket vendors access to all booking and reservation systems in a non-discriminatory and accessible way via openly standardised , machine-readable formats , through application programming interfaces (apis) to provide all the data necessary to successfully conclude cross border through-ticketing;


### 22. stresses the importance of ensuring fair and advantageous ticket prices for all categories of passengers , including the most vulnerable; ### 22. stresses the importance of ensuring fair , easily accessible and affordable ticket prices for all categories of passengers;


### 25. considers that all possible avenues should be explored to ensure a level playing field with other transport modes , including the possibility of an eu-wide vat exemption for international train services , and the revision and simplification of state aid; ### 25. considers that all possible avenues should be explored to ensure a level playing field with other transport modes , welcoming commission’s announcement to assess an eu-wide vat exemption for international train services , and the revision and simplification of state aid;


### 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 public service obligations can promote the use of rail , including in long-distance passenger transport , in particular in cross-border and last-mile routes , perhaps in combination with other profitable segments of the network;


### c. whereas congestion costs the eu around eur 270 billion a year12 ; ### c. whereas congestion is one of the biggest challenges to urban mobility , which affects most europeans and costs the eu around eur 270 billion a year12; whereas this can not only reduce worker productivity by up to 30% but lowers the efficiency of the wider european transport network and contributes massively to air pollution; whereas the european court of auditors considers that the urban mobility package has so far not achieved the necessary step-change in urban mobility patterns;


### d. whereas city freight transport and logistics are essential to the functioning of urban economies; ### d. whereas city freight transport and logistics are essential to the functioning of urban economies; whereas the increase in its volumes requires the deployment of sustainable urban logistic plans , with zero-emission last-mile trips as a crucial element therein;


### e. whereas covid-19 has exacerbated the challenges being faced by urban mobility systems , but has also served as a catalyst to make them more resilient , smarter , safer , more sustainable and accessible; ### e. whereas covid-19 has exacerbated the challenges being faced by urban mobility systems , but has also served as a catalyst to make them more resilient , smarter , safer , more sustainable and accessible; whereas many member states and local authorities introduced measures to facilitate social distancing that favoured active mobility , such as a widespread network of safe and segregated cycling lanes , which improved liveability by reducing air and noise pollution , and a public realm less dominated by private cars; whereas these measures should be either reintroduced , further expanded and/or made permanent;


### 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 and cyclists account for 70 % of deaths; whereas progress in reducing these figures has stagnated in recent years and the eu’s target of halving the number of road deaths between 2010 and 2020 was not met;


### 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 safe speed management , road infrastructure standards and guidance regarding active mobility , new forms of zero-emission mobility and micro-mobility are still underdeveloped or vary between member states;


### 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 motorised transport are significantly overrepresented in fatal crashes across all road-user groups although , with vulnerable road users those still at greatest risk amongst the victims;


### i. whereas consumer e-commerce deliveries grew by 25 % in 2020 as a consequence of the pandemic , and the increase in ‘last-mile’ deliveries is likely to persist13 ; ### i. whereas consumer e-commerce deliveries grew by 25 % in 2020 as a consequence of the pandemic , and the increase in ‘last-mile’ deliveries is likely to persist13 , including an increased impact on transport in urban areas;


### j. whereas urban accessibility plays a vital role in enabling groups with special needs , such as persons with disabilities and reduced mobility , the elderly or people accompanying children to fully exercise their right to mobility , study and work; ### j. whereas urban accessibility should fully enable groups with special needs , such as persons with disabilities and reduced mobility , the elderly , children or people accompanying children to fully exercise their right to mobility , study , play and work;


### 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 , sustainable , active and multimodal transport solutions that prioritise the public good; strongly believes that a modal shift to public transport , active mobility , and shared mobility solutions , such as public bicycles , must be the first priority in any urban mobility transport framework in order to ensure safe , affordable , accessible and sustainable mobility for all; stresses that such an approach is the most cost-effective approach for society given the massive negative externalities of the current transport system;


### 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; ### deleted


### 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 different modes of transport bring different benefits and costs and that a sustainable mobility plan must consider all modes , but give clear priority for those modes with the greatest benefit to society , namely sustainable and active modes , such as walking , cycling and public transport , which have a proven capability to improve mobility , road safety and liveability in urban areas and contribute to the achievement of eu’s social , economic , climate and environmental goals;


### 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 modal shift towards greener options and active mobility will be supported by people provided it offers door-to-door solutions; highlights that a majority of respondents (59%) are ready to move away from cars to more environmentally friendly forms of transport for their daily mobility , according to the special eurobarometer 495 on transport and mobility , published in july 2020;


### 3. calls for support for the use of zero- and low-carbon private mobility , complemented by efficient and affordable collective transport services and other modes of transport that bring various options to the market , in order to boost competition and thereby provide better and more valuable solutions for citizens; ### 3. calls for measures minimising the volume of private mobility , including further deploying a reliable and punctual network of efficient , comfortable and affordable public transport services with enough frequency , complemented by other active and zero-emission modes of transport that bring various flexible options , coordinated by local public transport authorities , in order to provide better and more valuable solutions for citizens;


### 3. calls for support for the use of zero- and low-carbon private mobility , complemented by efficient and affordable collective transport services and other modes of transport that bring various options to the market , in order to boost competition and thereby provide better and more valuable solutions for citizens; ### 3. calls for the eu and member states to strongly support the use of zero- and low-carbon sustainable mobility , particularly through efficient and affordable collective public transport services and active modes which should be placed at the heart of the transport system , in order to provide better and more sustainable solutions for citizens;


### 4. calls for better accessibility and connectivity between urban , peri-urban and rural areas and further calls for unhindered access to smart , sustainable and affordable transport to be guaranteed for all; ### 4. calls for better accessibility and connectivity between urban , peri-urban and rural areas , as well as multi-modal passenger hubs and further calls for unhindered access to smart , sustainable and affordable transport to be guaranteed for all; points out to the opportunity to develop and deploy on-demand public transport services on those peri-urban and outlying rural areas and calls on the commission to provide support for trialling such solutions and exchange best practices;


### 5. calls on all the parties involved to adopt measures that could better ensure road safety , such as deploying means to detect safety-related events or conditions , and also by taking into account users from groups with special needs; ### 5. calls on all the parties involved to adopt measures that could better ensure road safety , such as ensuring quality training , enforcement of working time limits , deploying means to detect safety-related events or conditions , always putting vulnerable road users at the centre of mobility design , and also by taking into account users from groups with special needs; suggests the local authorities adopt the safe system approach , setting road safety targets and dedicating an appropriate budget for such purposes;


### 6. affirms that urban transport should be more accessible; encourages the commission , in this context , to propose guidelines regarding accessibility , safety and security for transport users and particularly for those from groups with special needs; highlights the key role artificial intelligence (ai) and digital solutions can play in this regard; ### 6. affirms that urban transport should be more accessible; encourages the commission , in this context , to propose guidelines regarding accessibility , safety and security for transport users and particularly for those from groups with special needs; calls for a more comprehensive approach to ensure accessibility throughout the journey; highlights the key role digital solutions can play in this regard , but recalls that physical barriers are still the main reason for accessibility problems for persons with reduce mobility; insists on prioritising these needs when designing publics spaces , starting with ensuring that footpaths are wide enough , properly paved and maintained , without inconveniently placed sign posts or sewage drains and with the necessary physical and acoustic references for visually impaired people; considers that adequate enforcement measures need to be put in place to ensure citizen awareness about the need to keep footpaths free from temporary obstacles , such as badly-parked micro-mobility devices and other vehicles or trash bags and bins among others;


### 7. stresses its concern at the shortcomings in the regulation of micro-mobility in many member states , as it does not facilitate this type of transportation and poses risks for people’s safety; invites the commission , in this context , to collaborate with the member states to draw up common road-safety guidelines and recommendations for micro-mobility such as speed limits , helmet requirements , or training; encourages the member states to proceed with the adaptation of their national legislation and to launch information campaigns; ### 7. urges the commission , to collaborate with the member states to draw up common road-safety guidelines , recommendations and common infrastructure standards for active mobility as set out in the road infrastructure management directive; encourages the member states to proceed with the adaptation of their national legislation and to launch information campaigns about the economic , health , environmental and societal benefits of modal shift to public transport and active mobility , and the related costs of failing to do so;


### 8. calls further on the commission to harmonise technical standards and requirements regarding types of micro-mobility transport; ### 8. calls on the commission to consider harmonising only technical standards regarding types of micro-mobility transport;


### 9. highlights that urban infrastructure planning should contribute to a smart and sustainable transport transition , allowing for multimodality and ensuring quality of life in cities; recommends , in this regard , incorporating active mobility and micro-mobility , as well as underdeveloped sustainable transport modes , into sustainable urban mobility plans; ### 9. highlights that urban infrastructure planning should contribute to a smart and sustainable transport transition , allowing for multimodality and ensuring quality of life in cities; recommends , in this regard , incorporating active mobility and micro-mobility , as well as underdeveloped sustainable transport modes , into sustainable urban mobility plans , reducing the current centrality of private cars and re-gaining public space which can be repurposed for green areas , sustainable urban drainage systems and commercial activities;


### 10. encourages member states and local authorities to join forces to promote and implement sustainable urban mobility plans , respecting the principle of subsidiarity; ### 10. encourages member states and local authorities to join forces to promote and implement sustainable urban mobility plans (sumps) , which should incorporate concrete objectives and related targets in terms of modal shift towards active mobility and public transport , whose full fleet should progressively become zero-emissions before 2030;