# C_2017443EN.01095601.xml

| 22.12.2017 | EN | Official Journal of the European Union | C 443/956 |
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22.12.2017

EN

Official Journal of the European Union

C 443/956

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P7_TA(2014)0424

Carbon dioxide emissions from maritime transport ***I

European Parliament legislative resolution of 16 April 2014 on the proposal for a regulation of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport and amending Regulation (EU) No 525/2013 (COM(2013)0480 — C7-0201/2013 — 2013/0224(COD))

(Ordinary legislative procedure: first reading)

(2017/C 443/97)

The European Parliament,

The European Parliament

| — | having regard to the Commission proposal to Parliament and the Council (COM(2013)0480), |
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—

having regard to the Commission proposal to Parliament and the Council (COM(2013)0480),

| — | having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0201/2013), |
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—

having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0201/2013),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 16 October 2013 (1), |
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—

having regard to the opinion of the European Economic and Social Committee of 16 October 2013 (1),

1

| — | after consulting the Committee of the Regions, |
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—

after consulting the Committee of the Regions,

| — | having regard to Rule 55 of its Rules of Procedure, |
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—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0080/2014), |
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—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0080/2014),

| 1. | Adopts its position at first reading hereinafter set out; |
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1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
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2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
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3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

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(1)  OJ C 67, 6.3.2014, p. 170.

1

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P7_TC1-COD(2013)0224

Position of the European Parliament adopted at first reading on 16 April 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide
  greenhouse gas emissions from maritime transport and amending Regulation (EU) No 525/2013 [Am. 1]

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The Climate and Energy Package (4) calling for contributions of all sectors of the economy to achieving these emission reductions, including international maritime shipping, provides a clear mandate: ‘... in the event that no international agreement which includes international maritime emissions in its reduction targets through the International Maritime Organisation (IMO) has been approved by Member States or no such agreement through the UNFCCC has been approved by the Community by 31 December 2011, the Commission should make a proposal to include international maritime emissions in the Community reduction commitment, with the aim of the proposed act entering into force by 2013. Such a proposal should minimise any negative impact on the Community’s competitiveness while taking into account the potential environmental benefits.’ |
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(1)

The Climate and Energy Package (4) calling for contributions of all sectors of the economy to achieving these emission reductions, including international maritime shipping, provides a clear mandate: ‘... in the event that no international agreement which includes international maritime emissions in its reduction targets through the International Maritime Organisation (IMO) has been approved by Member States or no such agreement through the UNFCCC has been approved by the Community by 31 December 2011, the Commission should make a proposal to include international maritime emissions in the Community reduction commitment, with the aim of the proposed act entering into force by 2013. Such a proposal should minimise any negative impact on the Community’s competitiveness while taking into account the potential environmental benefits.’

| (1a) | Maritime transport has an impact on the global climate and on air quality, as a result of carbon dioxide (CO2) emissions and other emissions, including nitrogen oxides (NOx), sulphur oxides (SOx), methane (CH4), particulate matter (PM) and black carbon (BC). [Am. 2] |
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(1a)

Maritime transport has an impact on the global climate and on air quality, as a result of carbon dioxide (CO2) emissions and other emissions, including nitrogen oxides (NOx), sulphur oxides (SOx), methane (CH4), particulate matter (PM) and black carbon (BC). [Am. 2]

| (1b) | International maritime shipping remains the only means of transportation not included in the Union's commitment to reduce greenhouse gas emissions. According to the impact assessment accompanying the proposal for this Regulation, Union-related CO2 emissions from international shipping increased by 48 % between 1990 and 2007. [Am. 3] |
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(1b)

International maritime shipping remains the only means of transportation not included in the Union's commitment to reduce greenhouse gas emissions. According to the impact assessment accompanying the proposal for this Regulation, Union-related CO2 emissions from international shipping increased by 48 % between 1990 and 2007. [Am. 3]

| (1c) | In the light of the rapidly developing scientific understanding of the non-CO2 impact of maritime transport on the global climate, an updated assessment of that impact should be carried out regularly in the context of this Regulation. Based on its assessments, and taking into account the European Parliament’s resolution of 14 September 2011 on a comprehensive approach to non-CO2 climate-relevant anthropogenic emissions, the Commission should analyse the implications for policies and measures in order to reduce those emissions. [Am. 4] |
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(1c)

In the light of the rapidly developing scientific understanding of the non-CO2 impact of maritime transport on the global climate, an updated assessment of that impact should be carried out regularly in the context of this Regulation. Based on its assessments, and taking into account the European Parliament’s resolution of 14 September 2011 on a comprehensive approach to non-CO2 climate-relevant anthropogenic emissions, the Commission should analyse the implications for policies and measures in order to reduce those emissions. [Am. 4]

| (1d) | The Commission should also take action to address other activities that lead to emissions of greenhouse gases and air pollutants that are not covered by this Regulation, i.e. the use of refrigerants by fishing boats, and evaporative emissions from the loading-offloading of fuels and bulk goods (e.g. volatile organic compounds (VOCs), PM). [Am. 5] |
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(1d)

The Commission should also take action to address other activities that lead to emissions of greenhouse gases and air pollutants that are not covered by this Regulation, i.e. the use of refrigerants by fishing boats, and evaporative emissions from the loading-offloading of fuels and bulk goods (e.g. volatile organic compounds (VOCs), PM). [Am. 5]

| (1e) | The Commission White Paper ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ of 28 March 2011 calls for a reduction of emissions from maritime transport by 40 % (50 % if feasible) compared to 2005 levels by 2050, namely through the application of the ‘user pays’ and ‘polluter pays’ principles. [Am. 6] |
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(1e)

The Commission White Paper ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ of 28 March 2011 calls for a reduction of emissions from maritime transport by 40 % (50 % if feasible) compared to 2005 levels by 2050, namely through the application of the ‘user pays’ and ‘polluter pays’ principles. [Am. 6]

| (1f) | The European Parliament's resolution of 15 December 2011 on the Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system calls for a Union-wide uniform 30 % reduction in emissions of CO2 and pollutants in shipping, to which the IMO agreements on the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP) are to make a contribution. [Am. 7] |
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(1f)

The European Parliament's resolution of 15 December 2011 on the Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system calls for a Union-wide uniform 30 % reduction in emissions of CO2 and pollutants in shipping, to which the IMO agreements on the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP) are to make a contribution. [Am. 7]

| (2) | In July 2011, the IMO adopted technical and operational measures, in particular the EEDI for new ships and the SEEMP, which will bring improvement in terms of reducing the expected increase in greenhouse gas emissions, but alone cannot lead to the necessary absolute emission reductions of greenhouse gases from international shipping to keep efforts in line with the global objective of limiting increases in global temperatures to 2 oC. |
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(2)

In July 2011, the IMO adopted technical and operational measures, in particular the EEDI for new ships and the SEEMP, which will bring improvement in terms of reducing the expected increase in greenhouse gas emissions, but alone cannot lead to the necessary absolute emission reductions of greenhouse gases from international shipping to keep efforts in line with the global objective of limiting increases in global temperatures to 2 oC.

| (3) | According to data provided by the IMO, the specific energy consumption and CO2 emissions of ships could be reduced by up to 75 %

  25 to 75 %
  by applying operational measures and implementing existing technologies; a significant part of those measures can be regarded as cost-effective
  and being such that they could offer net benefits to the sector,
  as the reduced fuel costs ensure the pay-back of any operational or investment costs. [Am. 8] |
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(3)

According to data provided by the IMO, the specific energy consumption and CO2 emissions of ships could be reduced by up to 75 %

  25 to 75 %
  by applying operational measures and implementing existing technologies; a significant part of those measures can be regarded as cost-effective
  and being such that they could offer net benefits to the sector,
  as the reduced fuel costs ensure the pay-back of any operational or investment costs. [Am. 8]

| (4) | In order to reduce carbon dioxide emissions from shipping at Union level the best possible option remains
  implementing a market based measure, namely, pricing of the emissions or a levy, that requires
  setting up a system for monitoring, reporting and verification (MRV) of CO2


  greenhouse gas
  emissions based on the fuel consumption of ships as

  . Collecting data on such emissions is
  a first step of a staged approach
  , justified by the necessity of reducing such emissions,
  for the inclusion of maritime transport emissions in the Union's greenhouse gas reduction commitment.
  Public access to the emissions data will contribute to removing market barriers that prevent the uptake of many cost-negative measures which would reduce emissions from the sector. [Am. 9] |
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(4)

In order to reduce carbon dioxide emissions from shipping at Union level the best possible option remains
  implementing a market based measure, namely, pricing of the emissions or a levy, that requires
  setting up a system for monitoring, reporting and verification (MRV) of CO2


  greenhouse gas
  emissions based on the fuel consumption of ships as

  . Collecting data on such emissions is
  a first step of a staged approach
  , justified by the necessity of reducing such emissions,
  for the inclusion of maritime transport emissions in the Union's greenhouse gas reduction commitment.
  Public access to the emissions data will contribute to removing market barriers that prevent the uptake of many cost-negative measures which would reduce emissions from the sector. [Am. 9]

| (5) | The adoption of measures to reduce greenhouse gas emissions and fuel consumption is hampered by the existence of market barriers such as lack of reliable information on fuel efficiency of ships or of technologies available for retrofitting ships, lack of access to finance for investments into ship efficiency and split incentives as ship owners would not benefit from their investments into ship efficiency when fuel bills are paid by operators. |
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(5)

The adoption of measures to reduce greenhouse gas emissions and fuel consumption is hampered by the existence of market barriers such as lack of reliable information on fuel efficiency of ships or of technologies available for retrofitting ships, lack of access to finance for investments into ship efficiency and split incentives as ship owners would not benefit from their investments into ship efficiency when fuel bills are paid by operators.

| (6) | The results of the stakeholder consultation and discussions with international partners indicate that a staged approach for the inclusion of maritime transport emissions in the Union's greenhouse gas reduction commitment should be applied with the implementation of a robust MRV system for CO2


  greenhouse gas
  emissions from maritime transport as a first step and the pricing of these emissions

  the introduction of new policy instruments, namely, pricing of the emissions or a levy,
  at a later stage. This approach facilitates making significant progress at international level on the agreement of greenhouse gas emission reduction targets and further measures to achieve these reductions at minimum cost. [Am. 10] |
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(6)

The results of the stakeholder consultation and discussions with international partners indicate that a staged approach for the inclusion of maritime transport emissions in the Union's greenhouse gas reduction commitment should be applied with the implementation of a robust MRV system for CO2


  greenhouse gas
  emissions from maritime transport as a first step and the pricing of these emissions

  the introduction of new policy instruments, namely, pricing of the emissions or a levy,
  at a later stage. This approach facilitates making significant progress at international level on the agreement of greenhouse gas emission reduction targets and further measures to achieve these reductions at minimum cost. [Am. 10]

| (7) | The introduction of a Union MRV system is expected to lead to emission reductions of up to 2 % compared to business-as-usual and aggregated net costs reductions of up to 1,2 billion EUR by 2030 as it could contribute to the removal of market barriers, in particular those related to the lack of information about ship efficiency. This reduction of transport costs should facilitate international trade. Furthermore, a robust MRV system is a prerequisite for any market-based measure or efficiency standard,

  other measures aiming at providing a better basis for the ‘polluter pays’ principle,
  whether applied at Union level or globally.
  In view of the international nature of shipping, a globally agreed procedure would be the preferred and most effective method of reducing emissions in international maritime transport.
  It also provides reliable data to set precise emission reduction targets and to assess the progress of maritime transport's contribution towards achieving a low carbon economy. [Am. 11] |
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(7)

The introduction of a Union MRV system is expected to lead to emission reductions of up to 2 % compared to business-as-usual and aggregated net costs reductions of up to 1,2 billion EUR by 2030 as it could contribute to the removal of market barriers, in particular those related to the lack of information about ship efficiency. This reduction of transport costs should facilitate international trade. Furthermore, a robust MRV system is a prerequisite for any market-based measure or efficiency standard,

  other measures aiming at providing a better basis for the ‘polluter pays’ principle,
  whether applied at Union level or globally.
  In view of the international nature of shipping, a globally agreed procedure would be the preferred and most effective method of reducing emissions in international maritime transport.
  It also provides reliable data to set precise emission reduction targets and to assess the progress of maritime transport's contribution towards achieving a low carbon economy. [Am. 11]

| (8) | All intra-Union voyages, all incoming voyages from the last non-Union port to the first Union port of call and all outgoing voyages from a Union port to the next non-Union port of call should be considered relevant for purposes of monitoring. CO2


  Greenhouse gas
  emissions in Union ports including when ships are at berth or move within a port, should be covered as well, in particular as specific measures
  and alternative technologies, such as facilities which make it possible for ships to connect to mains electricity while at berth,
  for their reduction or avoidance are available. These rules should be applied in a non-discriminatory manner to all ships regardless of their flag. [Am. 12] |
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(8)

All intra-Union voyages, all incoming voyages from the last non-Union port to the first Union port of call and all outgoing voyages from a Union port to the next non-Union port of call should be considered relevant for purposes of monitoring. CO2


  Greenhouse gas
  emissions in Union ports including when ships are at berth or move within a port, should be covered as well, in particular as specific measures
  and alternative technologies, such as facilities which make it possible for ships to connect to mains electricity while at berth,
  for their reduction or avoidance are available. These rules should be applied in a non-discriminatory manner to all ships regardless of their flag. [Am. 12]

| (8a) | In view of the geographical scope and the concomitant need for the monitoring of greenhouse gas emissions outside the jurisdiction of the Member States, and given the inclusion of shipping companies registered all over the world, the Commission should inform third countries in good time and in an appropriate manner in order to secure maximum international acceptance. [Am. 13] |
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(8a)

In view of the geographical scope and the concomitant need for the monitoring of greenhouse gas emissions outside the jurisdiction of the Member States, and given the inclusion of shipping companies registered all over the world, the Commission should inform third countries in good time and in an appropriate manner in order to secure maximum international acceptance. [Am. 13]

| (9) | The proposed MRV system should take the form of a Regulation on account of the complex and highly technical nature of provisions introduced, the need for uniform rules applicable throughout the Union to reflect the international nature of maritime transport with numerous ships being expected to call at ports in different Member States, and to facilitate implementation throughout the Union. |
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(9)

The proposed MRV system should take the form of a Regulation on account of the complex and highly technical nature of provisions introduced, the need for uniform rules applicable throughout the Union to reflect the international nature of maritime transport with numerous ships being expected to call at ports in different Member States, and to facilitate implementation throughout the Union.

| (10) | A robust ship-specific Union MRV system should be based on the calculation of emissions from fuel consumed on,
  or on the accurate reporting of real emissions
  from, voyages from and to Union ports as fuel sales data could not provide appropriately accurate estimates for the fuel consumption within this specific scope due to the large tank capacities of ships. [Am. 14] |
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(10)

A robust ship-specific Union MRV system should be based on the calculation of emissions from fuel consumed on,
  or on the accurate reporting of real emissions
  from, voyages from and to Union ports as fuel sales data could not provide appropriately accurate estimates for the fuel consumption within this specific scope due to the large tank capacities of ships. [Am. 14]

| (11) | The Union MRV system should also cover other climate relevant information allowing for the determination of ships' efficiency or

  in order to
  further analyse the drivers for the development of emissions. This scope also aligns

  , to align
  the Union MRV system with international initiatives to introduce efficiency standards for existing ships, also covering operational measures, and contributes

  to contribute
  to the removal of market barriers related to the lack of information. [Am. 15] |
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(11)

The Union MRV system should also cover other climate relevant information allowing for the determination of ships' efficiency or

  in order to
  further analyse the drivers for the development of emissions. This scope also aligns

  , to align
  the Union MRV system with international initiatives to introduce efficiency standards for existing ships, also covering operational measures, and contributes

  to contribute
  to the removal of market barriers related to the lack of information. [Am. 15]

| (12) | In order to minimise the administrative burden for ship owners and operators, in particular for small and medium sized enterprises, and to optimise the benefits-costs-ratio of the MRV system without jeopardising the objective to cover a widely predominant share of greenhouse gas emissions from maritime transport, the rules for MRV should only apply to large emitters. A threshold of 5 000 gross tonnage (GT) has been selected after detailed objective analysis of sizes and emissions of ships going to and coming from Union ports. Ships above 5 000 GT account for around 55 % of the number of ships calling into Union ports and represent around 90 % of the related emissions. This non-discriminatory threshold would ensure that that the most relevant emitters are covered. A lower threshold would result in higher administrative burden while a higher threshold would limit the coverage of emissions and thus the environmental effectiveness of the system. |
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(12)

In order to minimise the administrative burden for ship owners and operators, in particular for small and medium sized enterprises, and to optimise the benefits-costs-ratio of the MRV system without jeopardising the objective to cover a widely predominant share of greenhouse gas emissions from maritime transport, the rules for MRV should only apply to large emitters. A threshold of 5 000 gross tonnage (GT) has been selected after detailed objective analysis of sizes and emissions of ships going to and coming from Union ports. Ships above 5 000 GT account for around 55 % of the number of ships calling into Union ports and represent around 90 % of the related emissions. This non-discriminatory threshold would ensure that that the most relevant emitters are covered. A lower threshold would result in higher administrative burden while a higher threshold would limit the coverage of emissions and thus the environmental effectiveness of the system.

| (13) | To further reduce the administrative effort for ship owners and operators, the monitoring rules should focus on CO2 as the by far most relevant greenhouse gas emitted by maritime transport which contributes to up to 98 % of the total greenhouse gas emissions of this sector.
  [Am. 17] |
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(13)

To further reduce the administrative effort for ship owners and operators, the monitoring rules should focus on CO2 as the by far most relevant greenhouse gas emitted by maritime transport which contributes to up to 98 % of the total greenhouse gas emissions of this sector.
  [Am. 17]

| (14) | The rules should take into account existing requirements and data already available on board of ships; therefore, ship owners should be given the opportunity to select one out of the following four monitoring methods: the use of Bunker Fuel Delivery Notes, bunker fuel tank monitoring, flow meters for applicable combustion processes or direct emission measurements. A ship specific monitoring plan should document the choice made and provide further details on the application of the selected method. |
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(14)

The rules should take into account existing requirements and data already available on board of ships; therefore, ship owners should be given the opportunity to select one out of the following four monitoring methods: the use of Bunker Fuel Delivery Notes, bunker fuel tank monitoring, flow meters for applicable combustion processes or direct emission measurements. A ship specific monitoring plan should document the choice made and provide further details on the application of the selected method.

| (15) | Any company with responsibility for an entire reporting period over a ship performing shipping activities should be considered responsible for all monitoring and reporting requirements arising in relation to this reporting period, including the submission of a satisfactorily verified emissions report. In case of change of ownership, the new owner will only be responsible for the monitoring and reporting obligations related to the reporting period where the change of ownership has taken place. To facilitate the fulfilment of these obligations the new owner should receive a copy of the latest monitoring plan, and document of compliance if applicable. Change of ownership should also lead to the modification of the monitoring plan in order to allow new ship owner to make their own choices in relation to the monitoring methodology. |
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(15)

Any company with responsibility for an entire reporting period over a ship performing shipping activities should be considered responsible for all monitoring and reporting requirements arising in relation to this reporting period, including the submission of a satisfactorily verified emissions report. In case of change of ownership, the new owner will only be responsible for the monitoring and reporting obligations related to the reporting period where the change of ownership has taken place. To facilitate the fulfilment of these obligations the new owner should receive a copy of the latest monitoring plan, and document of compliance if applicable. Change of ownership should also lead to the modification of the monitoring plan in order to allow new ship owner to make their own choices in relation to the monitoring methodology.

| (16) | Other greenhouse gases, climate forcers or air pollutants should not be covered by the Union

  The Union
  MRV system at this stage to avoid requirements to install not sufficiently reliable and commercially available measurement equipment, which could impede the implementation of the Union MRV system

  is an opportunity to ensure coherent regulation of the shipping sector with regard to other sectors
  . [Am. 18] |
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(16)

Other greenhouse gases, climate forcers or air pollutants should not be covered by the Union

  The Union
  MRV system at this stage to avoid requirements to install not sufficiently reliable and commercially available measurement equipment, which could impede the implementation of the Union MRV system

  is an opportunity to ensure coherent regulation of the shipping sector with regard to other sectors
  . [Am. 18]

| (16a) | The MARPOL Convention includes the mandatory application of the EEDI to new ships and the use of SEEMPs throughout the entire world fleet. [Am. 19] |
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(16a)

The MARPOL Convention includes the mandatory application of the EEDI to new ships and the use of SEEMPs throughout the entire world fleet. [Am. 19]

| (17) | To minimise the administrative burden for ship owners and operators, reporting and publication of reported information should be organised on an annual basis. By restricting the publication of emissions, fuel consumption and efficiency-related information to annual averages and aggregated figures, confidentiality issues should be addressed. The data reported to the Commission should be integrated with statistics to the extent that these data are relevant for the development, production and dissemination of European statistics in accordance with Commission Decision 2012/504/EU (5). |
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(17)

To minimise the administrative burden for ship owners and operators, reporting and publication of reported information should be organised on an annual basis. By restricting the publication of emissions, fuel consumption and efficiency-related information to annual averages and aggregated figures, confidentiality issues should be addressed. The data reported to the Commission should be integrated with statistics to the extent that these data are relevant for the development, production and dissemination of European statistics in accordance with Commission Decision 2012/504/EU (5).

| (18) | Verification by accredited verifiers should ensure that monitoring plans and emission reports are correct and in compliance with the requirements defined by this Regulation.
  Therefore, competence requirements are essential for a verifier to be able to perform the verification activities under this Regulation.
  As an important element to simplify verification, verifiers should check data credibility by comparing reported data with estimated data based on ship tracking data and characteristics. Such estimates could be provided by the Commission. Verifiers should be independent and competent persons or legal entities and should be accredited by national accreditation bodies established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council (6). [Am. 20] |
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(18)

Verification by accredited verifiers should ensure that monitoring plans and emission reports are correct and in compliance with the requirements defined by this Regulation.
  Therefore, competence requirements are essential for a verifier to be able to perform the verification activities under this Regulation.
  As an important element to simplify verification, verifiers should check data credibility by comparing reported data with estimated data based on ship tracking data and characteristics. Such estimates could be provided by the Commission. Verifiers should be independent and competent persons or legal entities and should be accredited by national accreditation bodies established pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council (6). [Am. 20]

| (19) | A document of compliance issued by a verifier should be kept on board of ships to demonstrate compliance with the obligations for monitoring, reporting and verification. Verifiers should inform the Commission on the issuance of such documents. |
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(19)

A document of compliance issued by a verifier should be kept on board of ships to demonstrate compliance with the obligations for monitoring, reporting and verification. Verifiers should inform the Commission on the issuance of such documents.

| (20) | Based on experience from similar tasks related to maritime safety, the European Maritime Safety Agency (EMSA) should support the Commission by carrying out certain tasks. |
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(20)

Based on experience from similar tasks related to maritime safety, the European Maritime Safety Agency (EMSA) should support the Commission by carrying out certain tasks.

| (21) | Non compliance with the provisions of this Regulation should result in the application of sanctions. Enforcement of the obligations related to the MRV system should be based on existing instruments, namely those instituted in application of Directive 2009/21/EC (7) and Directive 2009/16/EC (8) of the European Parliament and of the Council, and on information on the issuance of documents of compliance. The document confirming compliance of the ship with the monitoring and reporting obligations should be added by the Commission to the list of certificates and documents referred to in Article 13(1) of Directive 2009/16/EC. |
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(21)

Non compliance with the provisions of this Regulation should result in the application of sanctions. Enforcement of the obligations related to the MRV system should be based on existing instruments, namely those instituted in application of Directive 2009/21/EC (7) and Directive 2009/16/EC (8) of the European Parliament and of the Council, and on information on the issuance of documents of compliance. The document confirming compliance of the ship with the monitoring and reporting obligations should be added by the Commission to the list of certificates and documents referred to in Article 13(1) of Directive 2009/16/EC.

| (22) | Directive 2009/16/EC provides for the detention of ships in the absence of certificates which have to be carried on board. In the case of ships having failed to comply with monitoring and reporting obligations for more than one reporting period, it is nonetheless appropriate to provide for the possibility of expelling. This should be applied in such a way as to allow the situation to be rectified within a reasonable period of time. |
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(22)

Directive 2009/16/EC provides for the detention of ships in the absence of certificates which have to be carried on board. In the case of ships having failed to comply with monitoring and reporting obligations for more than one reporting period, it is nonetheless appropriate to provide for the possibility of expelling. This should be applied in such a way as to allow the situation to be rectified within a reasonable period of time.

| (23) | Regulation (EU) No 525/2013 of the European Parliament and of the Council (9) should be amended to establish requirements for the monitoring and reporting of CO2 emissions from maritime transport by Member States pursuant to this Regulation. |
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(23)

Regulation (EU) No 525/2013 of the European Parliament and of the Council (9) should be amended to establish requirements for the monitoring and reporting of CO2 emissions from maritime transport by Member States pursuant to this Regulation.

| (24) | The Union MRV system should serve as a model for the implementation of a global MRV system. A global MRV system is preferable as it could be regarded as more effective due to the broader scope. In this context, the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies on a regular basis and relevant submissions should be made to the IMO. Where an agreement on a global MRV system is reached, the Commission should review the Union MRV system in view of aligning it to the global system. |
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(24)

The Union MRV system should serve as a model for the implementation of a global MRV system. A global MRV system is preferable as it could be regarded as more effective due to the broader scope. In this context, the Commission should share relevant information on the implementation of this Regulation with the IMO and other relevant international bodies on a regular basis and relevant submissions should be made to the IMO. Where an agreement on a global MRV system is reached, the Commission should review the Union MRV system in view of aligning it to the global system.

| (25) | In order to make use of the best available practices and scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of reviewing certain technical aspects of monitoring and reporting of CO2


  greenhouse gas
  emissions from ships and of further specifying rules for the verification of emission reports and the accreditation of verifiers. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 21] |
| --- | --- |

(25)

In order to make use of the best available practices and scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of reviewing certain technical aspects of monitoring and reporting of CO2


  greenhouse gas
  emissions from ships and of further specifying rules for the verification of emission reports and the accreditation of verifiers. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 21]

| (26) | In order to ensure uniform conditions for the use of automated systems and standard electronic templates for coherent reporting of emissions and other climate-relevant

  relevant
  information to the Commission and involved States implementing powers should be conferred on the Commission. Those necessary implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (10). [Am. 22] |
| --- | --- |

(26)

In order to ensure uniform conditions for the use of automated systems and standard electronic templates for coherent reporting of emissions and other climate-relevant

  relevant
  information to the Commission and involved States implementing powers should be conferred on the Commission. Those necessary implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (10). [Am. 22]

| (27) | The objective of the proposed action, namely to monitor, report and verify CO2


  greenhouse gas
  emissions from ships as first step of a staged approach to reduce these emissions
  and achieve the targets set out in the Commission White Paper ‘Roadmap to a Single European Transport Area’,
  cannot be sufficiently achieved by the Member States acting individually, due to the international nature of maritime transport and can therefore, by reason of scale and effects of the action, be better achieved at Union level. The Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. 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 those objectives. [Am. 23] |
| --- | --- |

(27)

The objective of the proposed action, namely to monitor, report and verify CO2


  greenhouse gas
  emissions from ships as first step of a staged approach to reduce these emissions
  and achieve the targets set out in the Commission White Paper ‘Roadmap to a Single European Transport Area’,
  cannot be sufficiently achieved by the Member States acting individually, due to the international nature of maritime transport and can therefore, by reason of scale and effects of the action, be better achieved at Union level. The Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. 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 those objectives. [Am. 23]

| (28) | The rules establishing the MRV system should comply with the provisions of Directive 95/46/EC (11) and Regulation (EC) No 45/2001 (12) of the European Parliament and of the Council. |
| --- | --- |

(28)

The rules establishing the MRV system should comply with the provisions of Directive 95/46/EC (11) and Regulation (EC) No 45/2001 (12) of the European Parliament and of the Council.

| (29) | This Regulation should enter into force on 1 July 2015 to ensure that the Member States and relevant stakeholders have sufficient time to take the necessary measures for the effective application of this Regulation before the first reporting period starts on 1 January 2018, |
| --- | --- |

(29)

This Regulation should enter into force on 1 July 2015 to ensure that the Member States and relevant stakeholders have sufficient time to take the necessary measures for the effective application of this Regulation before the first reporting period starts on 1 January 2018,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down rules for the accurate monitoring, reporting and verification of carbon dioxide (CO2)

  greenhouse gas
  emissions and other climate relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State in order to promote the reduction of CO2


  greenhouse gas
  emissions from maritime transport in a cost effective manner. [Am. 24]

Article 2

Scope

1.   This Regulation applies to ships above 5 000 gross tons in respect of emissions released during their voyages from the last port of call to a port under the jurisdiction of a Member State and from a port under the jurisdiction of a Member State to their next port of call, as well as within ports under the jurisdiction of a Member State.

2.   This Regulation does not apply to warships, naval auxiliaries, fish catching or processing ships, wooden ships of a primitive build, ships not propelled by mechanical means and government ships used for non-commercial purposes. [Am. 26]

Article 3

Definitions

For the purposes of this Regulation the following definitions apply:

| (a) | ‘emissions’ means the release of CO2 into the atmosphere by ships as provided for in Article 2; |
| --- | --- |

(a)

‘emissions’ means the release of CO2 into the atmosphere by ships as provided for in Article 2;

| (b) | ‘port of call’ means the port where a ship stops to load or unload cargo or to embark or disembark passengers, excluding stops for the sole purpose of refuelling, obtaining fresh supplies and/or relieving the crew; |
| --- | --- |

(b)

‘port of call’ means the port where a ship stops to load or unload cargo or to embark or disembark passengers, excluding stops for the sole purpose of refuelling, obtaining fresh supplies and/or relieving the crew;

| (c) | ‘company’ means the owner of a ship as provided for in Article 2 or any other person, such as the manager or the bareboat charterer, who has assumed the responsibility from the ship-owner for its operations; |
| --- | --- |

(c)

‘company’ means the owner of a ship as provided for in Article 2 or any other person, such as the manager or the bareboat charterer, who has assumed the responsibility from the ship-owner for its operations;

| (d) | ‘gross tonnage’ (GT) means the metric gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the International Convention on Tonnage Measurement of Ships, 1969; |
| --- | --- |

(d)

‘gross tonnage’ (GT) means the metric gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex 1 to the International Convention on Tonnage Measurement of Ships, 1969;

| (e) | ‘verifier’ means a legal entity carrying out verification activities that is accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 and this Regulation
  , or an agency in charge of a modelling system for the monitoring of ship emissions
  ; [Am. 28] |
| --- | --- |

(e)

‘verifier’ means a legal entity carrying out verification activities that is accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 and this Regulation
  , or an agency in charge of a modelling system for the monitoring of ship emissions
  ; [Am. 28]

| (f) | ‘verification’ means the activities carried out by a verifier to assess the conformity of the documents transmitted by the company with the requirements under this Regulation; |
| --- | --- |

(f)

‘verification’ means the activities carried out by a verifier to assess the conformity of the documents transmitted by the company with the requirements under this Regulation;

| (g) | ‘other climate-relevant

  relevant
  information’ means information related to
  the greenhouse gas emissions from
  the consumption of fuels, transport work

  distance sailed, the scope for connecting to mains electricity while at berth
  and energy efficiency of ships which allow for analysing emission trends and assessing ships'

  indicating shipping
  performances; [Am. 29] |
| --- | --- |

(g)

‘other climate-relevant

  relevant
  information’ means information related to
  the greenhouse gas emissions from
  the consumption of fuels, transport work

  distance sailed, the scope for connecting to mains electricity while at berth
  and energy efficiency of ships which allow for analysing emission trends and assessing ships'

  indicating shipping
  performances; [Am. 29]

| (h) | ‘emission factor’ means the average emission rate of a greenhouse gas relative to the activity data of a source stream assuming complete oxidation for combustion and complete conversion for all other chemical reactions; |
| --- | --- |

(h)

‘emission factor’ means the average emission rate of a greenhouse gas relative to the activity data of a source stream assuming complete oxidation for combustion and complete conversion for all other chemical reactions;

| (i) | ‘uncertainty’ means a parameter, associated with the result of the determination of a quantity, that characterises the dispersion of the values that could reasonably be attributed to the particular quantity, including the effects of systematic as well as of random factors, expressed in per cent, and describes a confidence interval around the mean value comprising 95 % of inferred values taking into account any asymmetry of the distribution of values; |
| --- | --- |

(i)

‘uncertainty’ means a parameter, associated with the result of the determination of a quantity, that characterises the dispersion of the values that could reasonably be attributed to the particular quantity, including the effects of systematic as well as of random factors, expressed in per cent, and describes a confidence interval around the mean value comprising 95 % of inferred values taking into account any asymmetry of the distribution of values;

| (j) | ‘conservative’ means that a set of assumptions is defined in order to ensure that no under-estimation of annual emissions or over-estimation of distances or amounts of cargo carried occurs; [Am. 30] |
| --- | --- |

(j)

‘conservative’ means that a set of assumptions is defined in order to ensure that no under-estimation of annual emissions or over-estimation of distances or amounts of cargo carried occurs; [Am. 30]

| (k) | ‘tonnes of CO2’ means metric tonnes of CO2;
  [Am. 31] |
| --- | --- |

(k)

‘tonnes of CO2’ means metric tonnes of CO2;
  [Am. 31]

| (l) | ‘reporting period’ means one calendar year during which emissions have to be monitored and reported; |
| --- | --- |

(l)

‘reporting period’ means one calendar year during which emissions have to be monitored and reported;

| (la) | ‘ship at berth’ means a ship which is securely moored or anchored in a Union port while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations; [Am. 32] |
| --- | --- |

(la)

‘ship at berth’ means a ship which is securely moored or anchored in a Union port while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations; [Am. 32]

| (lb) | ‘ice class’ means the notation assigned to a ship by the administration or by an organization recognized by the administration showing that the ship has been designed for navigation in sea-ice conditions. [Am. 33] |
| --- | --- |

(lb)

‘ice class’ means the notation assigned to a ship by the administration or by an organization recognized by the administration showing that the ship has been designed for navigation in sea-ice conditions. [Am. 33]

CHAPTER II

MONITORING AND REPORTING

SECTION 1

Principles and methods for monitoring and Reporting

Article 4

Common principles for monitoring and reporting

1.   Companies shall monitor and report for every ship the amount and type of fuel consumed during a calendar year

  reporting period
  within each port

  all ports
  under the jurisdiction of a Member State and for each voyage

  all voyages
  arriving to and departing from a port located under the jurisdiction of a Member State in accordance with paragraphs 2 to 6. [Am. 34]

2.   Monitoring and reporting shall be complete and cover all

  CO2

  emissions from the combustion of fuels
  , while the ship is at sea as well as at berth
  . Companies shall apply appropriate measures to prevent any data gaps within the reporting period. [Am. 35]

3.   Monitoring and reporting shall be consistent and comparable over time. Companies shall use the same monitoring methodologies and data sets subject to changes and derogations approved by the verifier.

4.   Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, in a transparent manner that enables the reproduction of the determination of emissions by the verifier.

5.   Companies shall ensure that emission determination is neither systematically nor knowingly inaccurate. They shall identify and reduce any source of inaccuracies.

6.   Companies shall enable reasonable assurance of the integrity of emission data to be monitored and reported.

6a.
     
  Companies shall take account of the recommendations included in the verification reports issued pursuant to Article 13 in their consequent monitoring and reporting. [Am. 36]

Article 5

Methods for monitoring and reporting emissions on maritime transport

1.   For the purposes of Article 4(1), (2) and (3), companies shall determine their emissions and other climate relevant information for each of their ships above 5 000 GT in accordance with any of the methods set out in Annex I.

1a.
     
  Where an international agreement to monitor greenhouse gas emissions from maritime transport is reached, the Commission shall review the methods set out in Annex I and shall be empowered to adopt delegated acts in accordance with Article 24, concerning, if appropriate, amendments to that Annex in order to specify the use of flow meters for applicable combustion processes and direct emission measurements. [Am. 38]

SECTION 2

MONITORING PLAN

Article 6

Content and submission of the monitoring plan

1.   By 31 August 2017, companies shall submit to the verifiers a monitoring plan indicating the method chosen to monitor and report emissions and other climate-relevant

  relevant
  information for each of their ships above 5 000 GT. [Am. 39 — adapted for consistency with Article 2(1) on scope.]

2.   By way of derogation from paragraph 1, for ships falling under the scope of this Regulation for the first time after 1 January 2018, the company shall submit a monitoring plan to the verifier without undue delay and no later than two months after their first call in a port under the jurisdiction of a Member State.

3.   The monitoring plan referred to in paragraph 1 shall consist of a complete and transparent documentation of the monitoring methodology of a specific ship and shall contain at least the following elements:

| (a) | the identification and type of the ship including the name of the ship, its International Maritime Organisation (IMO) registration number, its port of registry or home port
  , the ice class of the ship,
  and the name of the ship owner; [Am. 40] |
| --- | --- |

(a)

the identification and type of the ship including the name of the ship, its International Maritime Organisation (IMO) registration number, its port of registry or home port
  , the ice class of the ship,
  and the name of the ship owner; [Am. 40]

| (b) | the name of the company and the address, telephone, fax and e-mail details for a contact person; |
| --- | --- |

(b)

the name of the company and the address, telephone, fax and e-mail details for a contact person;

| (c) | a description of the
  following
  emission sources on board of the ship such as main engines, auxiliary engines, boilers and inert gas generators and the fuel types used;

  and their associated fuel types on board of the ship as follows:










  (i) | main engine(s); |
| --- | --- | --- |

(c)

a description of the
  following
  emission sources on board of the ship such as main engines, auxiliary engines, boilers and inert gas generators and the fuel types used;

  and their associated fuel types on board of the ship as follows:

(i)

main engine(s);

| (ii) | auxiliary engine(s); |
| --- | --- |

(ii)

auxiliary engine(s);

| (iii) | boiler(s); |
| --- | --- |

(iii)

boiler(s);

| (iv) | inert gas generator(s); [Am. 41] |
| --- | --- |

(iv)

inert gas generator(s); [Am. 41]

| (d) | a description of procedures, systems and responsibilities used to update the completeness of the list of emission sources over the monitoring year

  period
  for the purpose of ensuring the completeness of monitoring and reporting of the emissions of the ship; [Am. 42] |
| --- | --- |

(d)

a description of procedures, systems and responsibilities used to update the completeness of the list of emission sources over the monitoring year

  period
  for the purpose of ensuring the completeness of monitoring and reporting of the emissions of the ship; [Am. 42]

| (e) | a description of the procedures used to monitor the completeness of the list of voyages; |
| --- | --- |

(e)

a description of the procedures used to monitor the completeness of the list of voyages;

| (f) | a description of the procedures for monitoring fuel consumption of the ship, including:






  (i) | the chosen method as set out in Annex I for calculating the fuel consumption of each emission source including a description of the measurement equipment used, as applicable; |
| --- | --- | --- |

(f)

a description of the procedures for monitoring fuel consumption of the ship, including:

(i)

the chosen method as set out in Annex I for calculating the fuel consumption of each emission source including a description of the measurement equipment used, as applicable;

| (ii) | procedures for the measurement of fuel uplifts and fuel in tanks, a description of the measuring instruments involved and the procedures for recording, retrieving, transmitting and storing information regarding measurements, as applicable; |
| --- | --- |

(ii)

procedures for the measurement of fuel uplifts and fuel in tanks, a description of the measuring instruments involved and the procedures for recording, retrieving, transmitting and storing information regarding measurements, as applicable;

| (iii) | the chosen method for the determination of density, where applicable; |
| --- | --- |

(iii)

the chosen method for the determination of density, where applicable;

| (iv) | a procedure to ensure that the total uncertainty of fuel measurements is consistent with the requirements of this regulation, where possible referring to national laws, clauses in customer contracts or fuel supplier accuracy standards; |
| --- | --- |

(iv)

a procedure to ensure that the total uncertainty of fuel measurements is consistent with the requirements of this regulation, where possible referring to national laws, clauses in customer contracts or fuel supplier accuracy standards;

| (g) | single emission factors used for each fuel type, or in the case of alternative fuels, the methodologies for determining the emission factors, including the methodology for sampling, methods of analysis, a description of the laboratories used (and confirmed ISO 17025 accreditation where relevant); |
| --- | --- |

(g)

single emission factors used for each fuel type, or in the case of alternative fuels, the methodologies for determining the emission factors, including the methodology for sampling, methods of analysis, a description of the laboratories used (and confirmed ISO 17025 accreditation where relevant);

| (h) | a description of the procedures used for determining activity data per voyage, including:






  (i) | the procedures, responsibilities and data sources for determining and recording the distance per voyage made; |
| --- | --- | --- |

(h)

a description of the procedures used for determining activity data per voyage, including:

(i)

the procedures, responsibilities and data sources for determining and recording the distance per voyage made;

| (ii) | the procedures, responsibilities, formulae and data sources for determining and recording the cargo carried and the number of passengers as applicable;
  [Am. 43] |
| --- | --- |

(ii)

the procedures, responsibilities, formulae and data sources for determining and recording the cargo carried and the number of passengers as applicable;
  [Am. 43]

| (iii) | 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; |
| --- | --- |

(iii)

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;

| (ha) | the procedures, responsibilities, formulae and data sources for determining and recording the distance travelled and the time spent when navigating through ice; [Am. 44] |
| --- | --- |

(ha)

the procedures, responsibilities, formulae and data sources for determining and recording the distance travelled and the time spent when navigating through ice; [Am. 44]

| (i) | a description of the method to be used to determine surrogate data for closing data gaps; |
| --- | --- |

(i)

a description of the method to be used to determine surrogate data for closing data gaps;

| (j) | the date of the latest modification to the monitoring plan.
  [Am. 45] |
| --- | --- |

(j)

the date of the latest modification to the monitoring plan.
  [Am. 45]

| (ja) | a revision record sheet to record all details of the revision history. [Am. 46] |
| --- | --- |

(ja)

a revision record sheet to record all details of the revision history. [Am. 46]

4.   Companies shall use standardised monitoring plans based on templates.
  The Commission shall be empowered to adopt delegated acts in accordance with Article 24 in order to determine
  technical rules establishing the templates for the monitoring plans referred to in paragraph 1 shall be determined by means of implementing acts. Those implementing acts

  templates
  shall be adopted by the Commission in accordance with the procedure referred to in Article 25(2) of this Regulation

  as simple as possible and shall not entail needless bureaucracy
  . [Am. 47]

Article 7

Modifications of the monitoring plan

Companies shall regularly check if the ship's monitoring plan reflects the nature and functioning of the ship and whether the monitoring methodology can be improved.

A company shall modify the monitoring plan in any of the following

  situations set out in points (a) to (e). The monitoring plan shall be modified only in respect of the specific changes that have occurred as a result of those
  situations: [Am. 48]

| (a) | where a change of ownership of ships
  , or change of DOC holder or of flag
  occurs; [Am. 49] |
| --- | --- |

(a)

where a change of ownership of ships
  , or change of DOC holder or of flag
  occurs; [Am. 49]

| (b) | where new emissions occur due to new emission sources or due to the use of new fuels not yet contained in the monitoring plan; |
| --- | --- |

(b)

where new emissions occur due to new emission sources or due to the use of new fuels not yet contained in the monitoring plan;

| (c) | where the change in availability of data, due to the use of new measuring instrument types, sampling methods or analysis methods, or for other reasons, leads to higher accuracy in the determination of emissions; |
| --- | --- |

(c)

where the change in availability of data, due to the use of new measuring instrument types, sampling methods or analysis methods, or for other reasons, leads to higher accuracy in the determination of emissions;

| (d) | where data resulting from the previously applied monitoring methodology has been found incorrect; |
| --- | --- |

(d)

where data resulting from the previously applied monitoring methodology has been found incorrect;

| (e) | where the monitoring plan is not in conformity with the requirements of this Regulation and the verifiers requests the company to modify it. |
| --- | --- |

(e)

where the monitoring plan is not in conformity with the requirements of this Regulation and the verifiers requests the company to modify it.

Companies shall notify any proposals for modification of the monitoring plan to the verifiers without undue delay.

Any significant modification of the monitoring plan shall be subject to assessment by the verifier.

SECTION 3

MONITORING OF EMISSIONS AND OTHER RELEVANT INFORMATION

Article 8

Monitoring of activities within a reporting period

1.   From 1 January 2018, companies shall, based on the monitoring plan approved in accordance with Article 13(1), monitor emissions for each ship on a per-voyage and an annual basis by applying the appropriate method among those set out in part B of Annex I and by calculating emissions in accordance with part A of Annex I.

1a.
     
  Monitoring may be suspended during periods during which a ship is engaged in emergency situations including life-saving activities. [Am. 50]

Article 9

Monitoring on a per-voyage basis

Based on the monitoring plan approved in accordance to Article 13(1), for each ship and for each voyage arriving to and departing from a port under a Member State's jurisdiction, companies shall monitor in accordance with part A of Annex I and Annex II, the following information:

| (a) | port of departure and port of arrival including the date and hour of departure and arrival; |
| --- | --- |

(a)

port of departure and port of arrival including the date and hour of departure and arrival;

| (b) | amount and emission factor for each type of fuel consumed in total and differentiated between fuel used inside and outside emission control areas; [Am. 51] |
| --- | --- |

(b)

amount and emission factor for each type of fuel consumed in total and differentiated between fuel used inside and outside emission control areas; [Am. 51]

| (c) | CO2 emitted; |
| --- | --- |

(c)

CO2 emitted;

| (d) | distance travelled; |
| --- | --- |

(d)

distance travelled;

| (e) | time spent at sea; |
| --- | --- |

(e)

time spent at sea;

| (f) | cargo carried;
  [Am. 53] |
| --- | --- |

(f)

cargo carried;
  [Am. 53]

| (fa) | energy efficiency as determined in Annex II; [Am. 54] |
| --- | --- |

(fa)

energy efficiency as determined in Annex II; [Am. 54]

| (g) | transport work.
  [Am. 55] |
| --- | --- |

(g)

transport work.
  [Am. 55]

| (ga) | date and time of the start and finish of periods during which monitoring was suspended due to emergency situations such as life-saving activities, along with a description of same. [Am. 56] |
| --- | --- |

(ga)

date and time of the start and finish of periods during which monitoring was suspended due to emergency situations such as life-saving activities, along with a description of same. [Am. 56]

For deep sea shipping calling at a series of Union ports, the European leg should be considered as one voyage. [Am. 57]

By way of derogation from the first paragraph, vessels exclusively operating within the scope of this Regulation and performing multiple voyages per day are exempted from monitoring emissions on a per-voyage basis. [Am. 58]

Article 10

Monitoring on a yearly basis

Based on the monitoring plan approved in accordance to Article 13(1), for each ship and for each calendar year, the company shall monitor in accordance with part A of Annex I and Annex II the following parameters:

| (a) | amount and emission factor for each type of fuel consumed in total and differentiated between fuel used inside and outside emission control areas; |
| --- | --- |

(a)

amount and emission factor for each type of fuel consumed in total and differentiated between fuel used inside and outside emission control areas;

| (b) | total CO2 emitted; |
| --- | --- |

(b)

total CO2 emitted;

| (c) | aggregated CO2 emissions from all voyages between ports under a Member State's jurisdiction; |
| --- | --- |

(c)

aggregated CO2 emissions from all voyages between ports under a Member State's jurisdiction;

| (d) | aggregated CO2 emissions from all voyages which departed from ports under a Member State's jurisdiction; |
| --- | --- |

(d)

aggregated CO2 emissions from all voyages which departed from ports under a Member State's jurisdiction;

| (e) | aggregated CO2 emissions from all voyages to ports under a Member State's jurisdiction; |
| --- | --- |

(e)

aggregated CO2 emissions from all voyages to ports under a Member State's jurisdiction;

| (f) | CO2 emissions which occurred within ports under a Member State's jurisdiction at berth; |
| --- | --- |

(f)

CO2 emissions which occurred within ports under a Member State's jurisdiction at berth;

| (g) | total distance travelled; |
| --- | --- |

(g)

total distance travelled;

| (h) | total time spent at sea
  and at berth
  ; |
| --- | --- |

(h)

total time spent at sea
  and at berth
  ;

| (i) | total transport work; |
| --- | --- |

(i)

total transport work;

| (j) | average energy efficiency. [Am. 59] |
| --- | --- |

(j)

average energy efficiency. [Am. 59]

SECTION 4

REPORTING

Article 11

Content of the emission report

1.   From 2019, by 30 April of each year, companies shall submit to the Commission and to the authorities of the flag States concerned, an emission report concerning the emissions and other climate-relevant information during the entire reporting period for each ship under their responsibility, which has been verified as satisfactory by a verifier in accordance with the requirements referred to in Article 14.

2.   Where there is a change in ownership of ships, the new company shall ensure that each ship under its responsibility complies with the requirements of this Regulation in relation to the entire reporting period where it takes responsibility for the ship concerned.

3.   Companies shall include in the emission report referred to in paragraph 1 the following information:

| (a) | data identifying the ship and the company, including:






  (i) | name of the ship, |
| --- | --- | --- |

(a)

data identifying the ship and the company, including:

(i)

name of the ship,

| (ii) | IMO registration number, |
| --- | --- |

(ii)

IMO registration number,

| (iii) | port of registry or home port, |
| --- | --- |

(iii)

port of registry or home port,

| (iiia) | the ice class of the ship, [Am. 60] |
| --- | --- |

(iiia)

the ice class of the ship, [Am. 60]

| (iv) | certified
  technical efficiency of the ship (
  expressed by
  the Energy Efficiency Design Index (EEDI) or the Estimated Index Value (EIV) in accordance with IMO Resolution MEPC.215 (63), where applicable)
  to the relevant ship type
  , [Am. 61] |
| --- | --- |

(iv)

certified
  technical efficiency of the ship (
  expressed by
  the Energy Efficiency Design Index (EEDI) or the Estimated Index Value (EIV) in accordance with IMO Resolution MEPC.215 (63), where applicable)
  to the relevant ship type
  , [Am. 61]

| (v) | name of the ship owner, |
| --- | --- |

(v)

name of the ship owner,

| (vi) | address of the ship owner and his principal place of business, |
| --- | --- |

(vi)

address of the ship owner and his principal place of business,

| (vii) | name of the company (if not the ship owner), |
| --- | --- |

(vii)

name of the company (if not the ship owner),

| (viii) | address of the company (if not the ship owner) and his principal place of business, |
| --- | --- |

(viii)

address of the company (if not the ship owner) and his principal place of business,

| (ix) | address, telephone, fax and e-mail details for a contact person; [Am. 62] |
| --- | --- |

(ix)

address, telephone, fax and e-mail details for a contact person; [Am. 62]

| (b) | information on the monitoring method used and the related level of uncertainty; |
| --- | --- |

(b)

information on the monitoring method used and the related level of uncertainty;

| (c) | the results from annual monitoring of the parameters in accordance with Article 10; |
| --- | --- |

(c)

the results from annual monitoring of the parameters in accordance with Article 10;

| (ca) | details of suspended monitoring periods due to emergency situations and life-saving activities. [Am. 63] |
| --- | --- |

(ca)

details of suspended monitoring periods due to emergency situations and life-saving activities. [Am. 63]

Article 12

Format of the emission report

1.   The emission report referred to in Article 11 shall be submitted using automated systems and complete data exchange formats, including electronic templates.

2.   Technical rules establishing the data exchange format including electronic templates referred to in paragraph 1 shall be determined by means of implementing acts. Those implementing acts shall be adopted by the Commission in accordance with the procedure referred to in Article 25(2) of this Regulation.

CHAPTER III

VERIFICATION AND ACCREDITATION

Article 13

Scope of verification activities and verification report

1.   The verifier shall assess the conformity of the monitoring plan referred to in Article 6 with the requirements laid down in Articles 6 and 7. Where the assessment contains recommendations necessary to be incorporated within a monitoring plan, the respective company shall revise its monitoring plan before the reporting period starts.

2.   The verifier shall assess the conformity of the emission report with the requirements laid down in Articles 8 to 11 and Annex I and II.

3.   In particular the verifier shall ensure that the emissions and other climate-relevant

  relevant
  information included in the emission report have been determined in accordance with Articles 8, 9 and 10 and the monitoring plan referred to in Article 6. The verifier shall also ensure that the emissions and other climate-relevant

  relevant
  information declared in the reports are consistent with data calculated from other sources in accordance with Annexes I and II. [Am. 64]

4.   Where the assessment concludes that, to the best knowledge of the verifier, the emission report is free from material misstatements and errors, the verifier shall issue a verification report. The verification report shall specify all issues relevant to the work carried out by the verifier.

5.   Where the assessments concludes that the emission report includes material misstatements, errors, inconsistencies or does not meet the requirements of Articles 11 and 14 and Annex I, the verifier shall inform the company thereof on a timely basis and ask it to resubmit a reviewed emission report. The company shall correct any communicated non-conformities or inconsistencies so as to allow the verification process to be finished in a timely manner. The verifier shall report in its verification report whether the non-conformities have been resolved by the company during verification.

5a.
     
  Where the verifier has identified areas for improvement in the company's performance related to the monitoring and reporting of emissions, including in relation to achieving higher accuracy and enhancing efficiency in the monitoring and reporting, it shall include in the verification report recommendations for improvement. [Am. 65]

Article 14

General obligations and principles for the verifiers

1.   The verifier shall be independent from a company or operator of the ship concerned and carry out the activities required under this regulation in the public interest. For that purpose, the verifier and any part of the same legal entity shall not be a company or ship operator, the owner of a company or owned by them nor shall the verifier have relations with the company that could affect its independence and impartiality.

2.   When considering the verification of the emission report referred to in Article 11 and of the monitoring procedures applied by the company, the verifier shall assess the reliability, credibility and accuracy of the monitoring systems and of the reported data and information relating to emissions, in particular:

| (a) | the assigning of fuel consumption to voyages within the scope of this Regulation; |
| --- | --- |

(a)

the assigning of fuel consumption to voyages within the scope of this Regulation;

| (b) | the reported fuel consumption data and related measurements and calculations; |
| --- | --- |

(b)

the reported fuel consumption data and related measurements and calculations;

| (c) | the choice and the employment of emission factors; |
| --- | --- |

(c)

the choice and the employment of emission factors;

| (d) | the calculations leading to the determination of the overall emissions; |
| --- | --- |

(d)

the calculations leading to the determination of the overall emissions;

| (e) | the calculations leading to the determination of the energy efficiency. |
| --- | --- |

(e)

the calculations leading to the determination of the energy efficiency.

3.   The verifier shall only consider reports submitted in accordance with Article 11 if reliable and credible data and information allow the emissions to be determined with a high degree of certainty and provided that the following are ensured:

| (a) | the reported data is coherent in view of estimated data based on ship tracking data and characteristics such as the installed engine power; |
| --- | --- |

(a)

the reported data is coherent in view of estimated data based on ship tracking data and characteristics such as the installed engine power;

| (b) | the reported data is free of inconsistencies, in particular when comparing the total volume of fuel purchased annually by each ship and the aggregate fuel consumption during voyages which fall within the scope of this Regulation; |
| --- | --- |

(b)

the reported data is free of inconsistencies, in particular when comparing the total volume of fuel purchased annually by each ship and the aggregate fuel consumption during voyages which fall within the scope of this Regulation;

| (c) | the collection of the data has been carried out in accordance with the applicable rules; |
| --- | --- |

(c)

the collection of the data has been carried out in accordance with the applicable rules;

| (d) | the relevant records of the ship are complete and consistent. |
| --- | --- |

(d)

the relevant records of the ship are complete and consistent.

Article 15

Verification procedures

1.   The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported emissions 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.
  [Am. 66]

2.   The verifier shall identify potential risks related to the different calculation steps by reviewing all data sources and methodologies used.

3.   The verifier shall take into consideration any effective risk control methods applied by the company to reduce levels of uncertainty, considering the accuracy of the monitoring methods used.

4.   The company shall provide the verifier with any additional information that enables it to carry out the verification procedures. The verifier may conduct spot-checks during the verification process to determine the reliability of reported data and information.

5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 24 in order to further specify the rules for the verification activities referred to in this Regulation and the methods of accreditation of verifiers. These delegated acts shall be based on the principles for verification provided for in Article 14 and on relevant internationally accepted standards.

Article 16

Accreditation of verifiers

1.   A verifier assessing monitoring plans and emission reports and issuing verification and compliance documents referred to in Articles 13 and 17 shall be accredited for activities under the scope of the present Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008.

2.   Where no specific provisions concerning the accreditation of verifiers are laid in this Regulation, the relevant provisions of Regulation (EC) No 765/2008 shall apply.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 24, in order to further specify the methods of accreditation of verifiers.

CHAPTER IV

COMPLIANCE AND PUBLICATION OF INFORMATION

Article 17

Issuance of a document of compliance

1.   Where the emission report referred to in Article 11 fulfils the requirements of Articles 11, to 15 and those laid down in Annexes I and II, on the basis of a verification report, the verifier shall deliver a document of compliance for the ship concerned.

2.   The document of compliance referred to in paragraph 1 shall include the following information:

| (a) | the identity of the ship (name, IMO registration number and port of registry or home port); |
| --- | --- |

(a)

the identity of the ship (name, IMO registration number and port of registry or home port);

| (b) | name and address and principal place of business of the owner of the ship; |
| --- | --- |

(b)

name and address and principal place of business of the owner of the ship;

| (c) | the identity of the verifier; |
| --- | --- |

(c)

the identity of the verifier;

| (d) | the date of issue of the document of compliance (the reporting period it refers to and its period of validity). |
| --- | --- |

(d)

the date of issue of the document of compliance (the reporting period it refers to and its period of validity).

3.   Documents of compliance shall be considered valid documents for a period of 18 months after the end of the reporting period.

4.   Without delay, the verifier shall inform the Commission and the authority of the flag State on the issuance of any document of compliance and transmit the information referred to in paragraph 2 using automated systems and complete data exchange formats, including electronic templates established by the Commission in accordance with the procedure established in the present Regulation.

5.   Technical rules establishing the data exchange format including electronic templates referred to in paragraph 4 shall be determined by means of implementing acts. Those implementing acts shall be adopted by the Commission in accordance with the procedure referred to in Article 25(2) of this Regulation.

Article 18

Obligation to carry a valid document of compliance on board

From 30 June 2019 ships arriving at, within or departing from a port under the jurisdiction of a Member State shall carry on board a valid document certifying the ship's compliance with the reporting and monitoring obligations for the concerned reporting period, issued in accordance with Article 17.

Article 19

Compliance with monitoring and reporting obligations and inspections

1.   Based on the information published in accordance with Article 21(1), each Member State shall ensure the compliance with the monitoring and reporting requirements set out in Articles 8 to 12 by ships flying its flag.

2.   Each Member State shall ensure that any inspection of a ship in a port under its jurisdiction includes verification that the document of compliance referred to in Article 18 is carried on board.

3.   Without prejudice to paragraph 2 of this Article and based on the information published in accordance with Article 21, for each ship in failure to comply with Article 21(2) (j) and (k) which entered a port under jurisdiction of a Member State, the Member State shall verify that the document of compliance referred to in Article 18 is carried on board.

3a.
     
  During the course of visits and inspections undertaken by EMSA to monitor the implementation of Directive 2009/16/EC, EMSA will also monitor the application of paragraphs 1, 2, and 3 by the competent authorities of Member States and report to the Commission. [Am. 67]

Article 20

Penalties, information exchange and expulsion order

1.   Member States shall lay down a system of penalties for failure to comply with the monitoring and reporting requirements set out in Articles 8 to 12 and shall take all the measures necessary to ensure that those penalties are applied. The penalties provided for shall be no less stringent than those foreseen under national legislation on greenhouse gas emissions in case of non-compliance with reporting obligations by operators and be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by 1 July 2017, and shall notify any subsequent amendments affecting these provisions to the Commission without delay. [Am. 68]

2.   Member States shall establish an effective exchange of information and effective cooperation between their national authorities ensuring compliance with the monitoring and reporting requirements or, where applicable, their authority entrusted with the sanctioning procedures. National sanctioning procedures launched by any Members State shall be notified to the Commission, EMSA, to the other Member States and to the flag State concerned.

3.   For ships having failed to comply with the monitoring and reporting requirements for more than one reporting period, the national State port authority may issue an expulsion order which shall be notified to the Commission, EMSA, the other Member States and the flag State concerned. As a result of the issuing of such an expulsion order, every Member State shall refuse entry of this ship into any of its ports until the company fulfils its monitoring and reporting requirements in accordance with Articles 8 to 12, confirmed by the notification of a valid document of compliance to the national port State authority which issued the expulsion order.

Article 21

Publication of information

1.   By 30 June each year, the Commission shall make publicly available the
  yearly
  emissions reported in accordance with Article 11 and

  , respecting the confidentiality of commercial
  information on the company's compliance with the monitoring and reporting requirements set out in Articles 11 and 17

  to protect a legitimate economic interest pursuant to Articles 3 and 4 of Directive 2003/4/EC of the European Parliament and of the Council

   (13). [Am. 69]

2.   The publication referred to in paragraph 1 shall include the following information:

| (a) | the identity of the ship (name, IMO registration number and, port of registry or home port
  and the ice class of the ship
  ); [Am. 70] |
| --- | --- |

(a)

the identity of the ship (name, IMO registration number and, port of registry or home port
  and the ice class of the ship
  ); [Am. 70]

| (b) | the identity of the ship owner (name and address of owner and his principal place of business); |
| --- | --- |

(b)

the identity of the ship owner (name and address of owner and his principal place of business);

| (c) | technical efficiency of the ship (EEDI or EIV where applicable
  to the relevant ship type
  ); [Am. 71] |
| --- | --- |

(c)

technical efficiency of the ship (EEDI or EIV where applicable
  to the relevant ship type
  ); [Am. 71]

| (d) | annual CO2 emissions; |
| --- | --- |

(d)

annual CO2 emissions;

| (e) | annual total fuel consumption for voyages falling within the scope of this Regulation; |
| --- | --- |

(e)

annual total fuel consumption for voyages falling within the scope of this Regulation;

| (f) | annual average fuel consumption and greenhouse gas emissions per distance travelled of voyages falling within the scope of this Regulation; |
| --- | --- |

(f)

annual average fuel consumption and greenhouse gas emissions per distance travelled of voyages falling within the scope of this Regulation;

| (g) | annual average fuel consumption and greenhouse gas emissions per distance travelled and cargo carried on voyages falling within the scope of this Regulation;
  [Am. 73] |
| --- | --- |

(g)

annual average fuel consumption and greenhouse gas emissions per distance travelled and cargo carried on voyages falling within the scope of this Regulation;
  [Am. 73]

| (h) | annual total time spent at sea in voyages falling within the scope of this Regulation;
  [Am. 74] |
| --- | --- |

(h)

annual total time spent at sea in voyages falling within the scope of this Regulation;
  [Am. 74]

| (i) | methodology for monitoring applied; |
| --- | --- |

(i)

methodology for monitoring applied;

| (j) | the date of issue and the expiry date of the document of compliance; |
| --- | --- |

(j)

the date of issue and the expiry date of the document of compliance;

| (k) | the identity of the verifier having approved the emission report. |
| --- | --- |

(k)

the identity of the verifier having approved the emission report.

3.   The Commission shall publish an annual report on emissions and other climate-relevant

  relevant
  information from maritime transport. [Am. 75]

4.   EMSA shall assist the Commission in its work to comply with Articles 11, 12, 17 and 21 of this Regulation, in accordance with Regulation (EC) No 1406/2002 of the European Parliament and of the Council (14).

CHAPTER V

INTERNATIONAL COOPERATION

Article 22

International cooperation

1.   The Commission shall inform the IMO and other relevant international bodies on a regular basis of the implementation of this Regulation with a view to facilitate the development of international rules within the IMO for the monitoring, reporting and verification of greenhouse gas emissions from maritime transport.

2.   The Commission shall maintain technical exchange with third countries on the implementation of this Regulation, in particular the further development of monitoring methods, the organisation of reporting and the verification of emission reports.

3.   Where an international agreement on global measures to reduce greenhouse gas emissions from maritime transport is reached, the Commission shall review this Regulation and may, if appropriate, propose amendments to this Regulation

  ensure alignment with the relevant international regulations set by the IMO
  . [Am. 76]

CHAPTER VI

DELEGATED AND IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 23

Delegation of powers

The power to adopt delegated acts in order to supplement and amend the provisions of Annexes I and II
  shall be conferred on the Commission in order
  to take into account up-to-date scientific evidence available, as well as
  to align the Annexes with
  the relevant data available on board of ships and the relevant

  international regulations as agreed by the IMO, with the aim of ensuring conformity with
  international rules and internationally accepted standards, to identify

  regulations
  ,
  identifying
  the most accurate and efficient methods for monitoring of emissions, and to improve

  improving
  the accuracy of the information requested related to the monitoring and reporting of emissions
  . This power
  is conferred on the Commission subject to the conditions laid down under Article 24
  only
  to the extent it concerns non-essential elements of this Regulation. [Am. 77]

Article 24

Exercise of delegation

1.   The power to adopt delegated acts referred to in
  Articles 5(1a) and 6(4) and
  Articles 15, 16 and 23 shall be conferred on the Commission for a period of five years from 1 July 2015

  ...

   (*1)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period
  . [Am. 78]

2.   The delegation of power referred to in Article

  Articles 5(1a) and 6(4) and Articles 15, 16 and
  23 may be revoked at any time by the European Parliament or by the Council. A decision of revocation

  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. [Am. 79]

3.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4.   A delegated act adopted pursuant to Article

  Articles 5(1a) and 6(4) and
  Articles
  15, 16 and
  23 shall enter into force only if no objection has been expressed either by the European Parliament or 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 the Council. [Am. 80]

Article 25

Implementing acts

1.   The Commission shall be assisted by the Committee established by Article 8 of Council Decision 93/389/EEC (15). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 26

Amendments to Regulation (EU) No 525/2013

Regulation (EU) No 525/2013 is amended as follows:

| 1. | In Article 1, the following point shall be added:






  ‘(h) | monitoring and reporting of greenhouse gas emissions from marine ships pursuant to Articles 9 and 10 of Regulation (EU) No .../... of the European Parliament and of the Council (*2). |
| --- | --- | --- |

1.

In Article 1, the following point shall be added:

‘(h)

monitoring and reporting of greenhouse gas emissions from marine ships pursuant to Articles 9 and 10 of Regulation (EU) No .../... of the European Parliament and of the Council (*2).

(*2)  OJ L ... ().’"

| 2. | The following Article shall be inserted:
  ‘Article 21a
  Reporting emissions from maritime transport






  1. | Member States shall report to the Commission by 15 January each year (“year X”) for the year X-2, the CO2 emissions from maritime transport pursuant to Articles 9 and 10 of Regulation (EU) No .../... (*3). |
| --- | --- | --- |

2.

The following Article shall be inserted:

‘Article 21a

Reporting emissions from maritime transport

1.

Member States shall report to the Commission by 15 January each year (“year X”) for the year X-2, the CO2 emissions from maritime transport pursuant to Articles 9 and 10 of Regulation (EU) No .../... (*3).

| 2. | The Commission shall be empowered to adopt delegated acts in accordance with [Article 25 of this Regulation] to specify the requirements for the monitoring and reporting of CO2 emissions from maritime transport pursuant to Articles 9 and 10 of Regulation (EU) No .../... (*4) and taking into account, where applicable, relevant decisions adopted by the bodies of the UNFCCC and the Kyoto Protocol or agreements deriving from them or succeeding them or decisions adopted in the context of the International Maritime Organisation. |
| --- | --- |

2.

The Commission shall be empowered to adopt delegated acts in accordance with [Article 25 of this Regulation] to specify the requirements for the monitoring and reporting of CO2 emissions from maritime transport pursuant to Articles 9 and 10 of Regulation (EU) No .../... (*4) and taking into account, where applicable, relevant decisions adopted by the bodies of the UNFCCC and the Kyoto Protocol or agreements deriving from them or succeeding them or decisions adopted in the context of the International Maritime Organisation.

| 3. | The Commission shall adopt implementing acts to set out the structure, format and process for the Member states' submission of CO2 emissions from maritime transport pursuant to Articles 9 and 10 of Regulation (EU) No .../... (*5). These implementing acts shall be adopted in accordance with the examination procedure referred to in [Article 26(2)]. |
| --- | --- |

3.

The Commission shall adopt implementing acts to set out the structure, format and process for the Member states' submission of CO2 emissions from maritime transport pursuant to Articles 9 and 10 of Regulation (EU) No .../... (*5). These implementing acts shall be adopted in accordance with the examination procedure referred to in [Article 26(2)].

| 3a. | The Commission shall biennially assess the maritime transport sector's overall impact on the global climate including through non-CO2 emissions or effects, based on the emission data provided by Member States pursuant to Article 7 and/or provided under Regulation (EU) No
  .../... (*6)

  and improve that assessment by reference to scientific advancements and maritime traffic data.
  ’[Am. 82] |
| --- | --- |

3a.

The Commission shall biennially assess the maritime transport sector's overall impact on the global climate including through non-CO2 emissions or effects, based on the emission data provided by Member States pursuant to Article 7 and/or provided under Regulation (EU) No
  .../... (*6)

  and improve that assessment by reference to scientific advancements and maritime traffic data.
  ’[Am. 82]

(*3)  Number of this Regulation."

(*4)  Number of this Regulation."

(*5)  Number of this Regulation."

(*6)  Number of this Regulation."

| 3. | In Article 25(2), (3) and (5) the following reference shall be inserted:
  ‘21a’ |
| --- | --- |

3.

In Article 25(2), (3) and (5) the following reference shall be inserted:

‘21a’

Article 27

Entry into force

This Regulation shall enter into force on 1 July 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 67, 6.3.2014, p. 170.

1

(2)  OJ C , , p. .

2

(3)  Position of the European Parliament of 16 April 2014.

3

(4)  Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136) and Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63).

4

(5)  Commission Decision 2012/504/EU of 17 September 2012 on Eurostat (OJ L 251, 18.9.2012, p. 49).

5

(6)  Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

6

(7)  Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (OJ L 131, 28.5.2009, p. 132).

7

(8)  Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).

8

(9)  Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13).

9

(10)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

10

(11)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

11

(12)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and of the free movement of such data (OJ L 8, 12.1.2001, p. 1).

12

(13)  
  Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

13

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

(14)  Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).

14

(*1)  
  Date of entry into force of this Regulation.

*1

Date of entry into force of this Regulation.

(15)  Council Decision 93/389/EEC of 24 June 1993 for a monitoring mechanism of Community CO2 and other greenhouse gas emissions (OJ L 167, 9.7.1993, p. 31).

15

2

(+)  Number and reference of this Regulation.

+

ANNEX I

Methods for monitoring and reporting greenhouse gas emissions and other climate relevant information

A.   CALCULATION OF FUEL CONSUMPTION (Article 9)

For the purposes of calculating fuel consumption companies shall respect the following formula:

Fuel consumption x Emission factor

Fuel consumption shall include fuel consumed by main engines, auxiliary engines, boilers and inert gas generators.

Fuel consumption within ports at berth shall be calculated separately.

In principle, default values for emission factors of fuels shall be used unless the company decides using data on fuel quality set out in the Bunker Fuel Delivery Notes and used for demonstrating compliance with applicable regulations of sulphur emissions.

Default emission factors shall be based on latest available IPCC values. They can be derived from Annex VI to Commission Regulation (EU) No 601/2012 (1).

Appropriate emission factors shall be applied in respect of biofuels and alternative non-fossil fuel fuels.

B.   METHODS FOR DETERMINING EMISSIONS

The company shall define in the monitoring plan which monitoring methodology is used to calculate fuel consumption for each ship type under its responsibility and ensure that once it has been chosen, is consistently applied.

In selecting a monitoring methodology, the improvements from greater accuracy shall be balanced against the additional costs.

Actual fuel consumption for each voyage shall be used and be calculated using one of the following methods:

| (a) | Bunker Fuel Delivery Note (BDN) and periodic stocktakes of fuel tanks; |
| --- | --- |

(a)

Bunker Fuel Delivery Note (BDN) and periodic stocktakes of fuel tanks;

| (b) | Bunker fuel tank monitoring on board; |
| --- | --- |

(b)

Bunker fuel tank monitoring on board;

| (c) | Flow meters for applicable combustion processes; |
| --- | --- |

(c)

Flow meters for applicable combustion processes;

| (d) | Direct emissions measurements; |
| --- | --- |

(d)

Direct emissions measurements;

| (da) | Modelling with ship movement information (AIS) and ship specific data. [Am. 83] |
| --- | --- |

(da)

Modelling with ship movement information (AIS) and ship specific data. [Am. 83]

Any combination of the above methods, approved by the verifier may be used if it enhances the overall accuracy of the measurement. [Am. 84]

| 1. | Method A: BDN (Bunker Delivery Notes) and periodic stock-takes of fuel tanks
  This method is based on the quantity and type of fuel as defined on the BDN combined with periodic stock-takes of fuel tanks based on tank readings. The fuel at the beginning of the period, plus deliveries, minus fuel available at the end of the period and de-bunkered fuel between the beginning of the period and the end of the period together constitute the fuel consumed over the period.
  The period includes time between two port calls or time within a port. For the fuel used during a period, the fuel type and the sulphur content need to be specified.

  This approach shall not be used when BDN

  Where BDNs
  are not available on board of ships, especially when cargo is used as a fuel, for example, liquefied natural gas (LNG) boil-off
  , only the stock takes of fuel tanks and bunker fuel tank readings shall be used
  . [Am. 85]

  The BDN is mandated under existing MARPOL Annex VI Regulations and relevant records are retained on board for 3 years after the delivery of the bunker fuel and be readily available. The periodic stock-take of fuel tanks on-board is based on fuel tank readings. It uses tank tables relevant to each fuel tank to determine the volume at the time of the fuel tank reading. The uncertainty associated with the BDN shall be specified in the monitoring plan referred to in Article 6. Fuel tank readings shall be carried out by appropriate methods such as automated systems, soundings and dip tapes. The method for tank sounding and uncertainty associated shall be specified in the monitoring plan referred to in Article 6.


  Where BDNs are not available on board ships, especially when cargo is used as a fuel, for example, liquefied natural gas (LNG) boil-off, only the stock takes of fuel tanks and bunker fuel tank readings shall be used. [Am. 86]

  Where the amount of fuel uplift or the amount of fuel remaining in the tanks is determined in units of volume, expressed in litres, the company shall convert that amount from volume to mass by using actual density values. The company shall determine the actual density by using one of the following:






  (a) | on-board measurement systems; |
| --- | --- | --- |

1.

Method A: BDN (Bunker Delivery Notes) and periodic stock-takes of fuel tanks

This method is based on the quantity and type of fuel as defined on the BDN combined with periodic stock-takes of fuel tanks based on tank readings. The fuel at the beginning of the period, plus deliveries, minus fuel available at the end of the period and de-bunkered fuel between the beginning of the period and the end of the period together constitute the fuel consumed over the period.

The period includes time between two port calls or time within a port. For the fuel used during a period, the fuel type and the sulphur content need to be specified.

This approach shall not be used when BDN

  Where BDNs
  are not available on board of ships, especially when cargo is used as a fuel, for example, liquefied natural gas (LNG) boil-off
  , only the stock takes of fuel tanks and bunker fuel tank readings shall be used
  . [Am. 85]

The BDN is mandated under existing MARPOL Annex VI Regulations and relevant records are retained on board for 3 years after the delivery of the bunker fuel and be readily available. The periodic stock-take of fuel tanks on-board is based on fuel tank readings. It uses tank tables relevant to each fuel tank to determine the volume at the time of the fuel tank reading. The uncertainty associated with the BDN shall be specified in the monitoring plan referred to in Article 6. Fuel tank readings shall be carried out by appropriate methods such as automated systems, soundings and dip tapes. The method for tank sounding and uncertainty associated shall be specified in the monitoring plan referred to in Article 6.

Where BDNs are not available on board ships, especially when cargo is used as a fuel, for example, liquefied natural gas (LNG) boil-off, only the stock takes of fuel tanks and bunker fuel tank readings shall be used. [Am. 86]

Where the amount of fuel uplift or the amount of fuel remaining in the tanks is determined in units of volume, expressed in litres, the company shall convert that amount from volume to mass by using actual density values. The company shall determine the actual density by using one of the following:

(a)

on-board measurement systems;

| (b) | the density measured by the fuel supplier at fuel uplift and recorded on the fuel invoice or delivery note. |
| --- | --- |

(b)

the density measured by the fuel supplier at fuel uplift and recorded on the fuel invoice or delivery note.

The actual density shall be expressed in kg/litre and determined for the applicable temperature for a specific measurement. In cases for which actual density values are not available, a standard density factor for the relevant fuel type shall be applied upon approval by the verifier.

| 2. | Method B: Bunker fuel tank monitoring on-board
  This method is based on fuel tank readings for all fuel tanks on-board. The tank readings shall occur daily when the ship is at sea and each time the ship is bunkering or de-bunkering.
  The cumulative variations of the fuel tank level between two readings constitute the fuel consumed over the period.
  The period means time between two port calls or time within a port. For the fuel used during a period, the fuel type and the sulphur content need to be specified.
  Fuel tank readings shall be carried out by appropriate methods such as automated systems, soundings and dip tapes. The method for tank sounding and uncertainty associated shall be specified in the monitoring plan referred to in Article 6.
  Where the amount of fuel uplift or the amount of fuel remaining in the tanks is determined in units of volume, expressed in litres, the company shall convert that amount from volume to mass by using actual density values. The company shall determine the actual density by using one of the following:






  (a) | on-board measurement systems; |
| --- | --- | --- |

2.

Method B: Bunker fuel tank monitoring on-board

This method is based on fuel tank readings for all fuel tanks on-board. The tank readings shall occur daily when the ship is at sea and each time the ship is bunkering or de-bunkering.

The cumulative variations of the fuel tank level between two readings constitute the fuel consumed over the period.

The period means time between two port calls or time within a port. For the fuel used during a period, the fuel type and the sulphur content need to be specified.

Fuel tank readings shall be carried out by appropriate methods such as automated systems, soundings and dip tapes. The method for tank sounding and uncertainty associated shall be specified in the monitoring plan referred to in Article 6.

Where the amount of fuel uplift or the amount of fuel remaining in the tanks is determined in units of volume, expressed in litres, the company shall convert that amount from volume to mass by using actual density values. The company shall determine the actual density by using one of the following:

(a)

on-board measurement systems;

| (b) | the density measured by the fuel supplier at fuel uplift and recorded on the fuel invoice or delivery note; |
| --- | --- |

(b)

the density measured by the fuel supplier at fuel uplift and recorded on the fuel invoice or delivery note;

| (ba) | the density measured in a test analysis conducted in an accredited fuel test laboratory, where available. [Am. 87] |
| --- | --- |

(ba)

the density measured in a test analysis conducted in an accredited fuel test laboratory, where available. [Am. 87]

The actual density shall be expressed in kg/litre and determined for the applicable temperature for a specific measurement. In cases for which actual density values are not available, a standard density factor for the relevant fuel type shall be applied upon approval by the verifier.

| 3. | Method C: Flow meters for applicable combustion processes
  This method is based on measured fuel flows on-board. The data from all flow meters linked to relevant emission sources shall be combined to determine all fuel consumption for a specific period.
  The period means time between two port calls or time within a port. For the fuel used during a period, the fuel type and the sulphur content need to be monitored.
  The calibration methods applied and the uncertainty associated with flow meters used shall be specified in the monitoring plan referred to in Article 6.
  Where the amount of fuel consumed is determined in units of volume, expressed in litres, the company shall convert that amount from volume to mass by using actual density values. The company shall determine the actual density by using one of the following:






  (a) | on-board measurement systems; |
| --- | --- | --- |

3.

Method C: Flow meters for applicable combustion processes

This method is based on measured fuel flows on-board. The data from all flow meters linked to relevant emission sources shall be combined to determine all fuel consumption for a specific period.

The period means time between two port calls or time within a port. For the fuel used during a period, the fuel type and the sulphur content need to be monitored.

The calibration methods applied and the uncertainty associated with flow meters used shall be specified in the monitoring plan referred to in Article 6.

Where the amount of fuel consumed is determined in units of volume, expressed in litres, the company shall convert that amount from volume to mass by using actual density values. The company shall determine the actual density by using one of the following:

(a)

on-board measurement systems;

| (b) | the density measured by the fuel supplier at fuel uplift and recorded on the fuel invoice or delivery note. |
| --- | --- |

(b)

the density measured by the fuel supplier at fuel uplift and recorded on the fuel invoice or delivery note.

The actual density shall be expressed in kg/litre and determined for the applicable temperature for a specific measurement. In cases for which actual density values are not available, a standard density factor for the relevant fuel type shall be applied upon approval by the verifier.

| 4. | Method D: Direct emissions measurement
  The direct emissions measurements may be used for voyages within the scope of this regulation and for emissions occurring in ports located in a Member State's jurisdiction. CO2 emitted shall include CO2 emitted by main engines, auxiliary engines, boilers and inert gas generators. For ships on which reporting is based on this method, the fuel consumption shall be calculated using the measured CO2 emissions and the applicable emission factor of the relevant fuels.
  This method is based on the determination of CO2 emission flows in exhaust gas stacks (funnels) by multiplying the CO2 concentration of the exhaust gas with the exhaust gas flow.
  The calibration methods applied and the uncertainty associated with the devices used shall be specified in the monitoring plan referred to in Article 6. |
| --- | --- |

4.

Method D: Direct emissions measurement

The direct emissions measurements may be used for voyages within the scope of this regulation and for emissions occurring in ports located in a Member State's jurisdiction. CO2 emitted shall include CO2 emitted by main engines, auxiliary engines, boilers and inert gas generators. For ships on which reporting is based on this method, the fuel consumption shall be calculated using the measured CO2 emissions and the applicable emission factor of the relevant fuels.

This method is based on the determination of CO2 emission flows in exhaust gas stacks (funnels) by multiplying the CO2 concentration of the exhaust gas with the exhaust gas flow.

The calibration methods applied and the uncertainty associated with the devices used shall be specified in the monitoring plan referred to in Article 6.

| 4a. | Method Da: Modelling with ship movement information (AIS) and ship specific data



  The agency in charge of the modelling system makes a written agreement with the ship-owner of the ship in question. At the end of the monitoring period, the calculated CO2 emissions are compared to the ship oil record book and BDNs in order to find and correct any discrepancies. [Am. 90] |
| --- | --- |

4a.

The agency in charge of the modelling system makes a written agreement with the ship-owner of the ship in question. At the end of the monitoring period, the calculated CO2 emissions are compared to the ship oil record book and BDNs in order to find and correct any discrepancies. [Am. 90]

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(1)  Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 181, 12.7.2012, p. 30).

ANNEX II

Monitoring of other climate-relevant information

A.   Monitoring on a per voyage basis (Article 9)

For the purposes of monitoring other climate-relevant information on a per-voyage basis (Article 9), companies shall respect the following rules:

The date and hour of departure and arrival shall be considered using Greenwich Mean Time (GMT). The time spent at sea shall be calculated based on port departure and arrival information and shall exlude ankering.

The distance travelled can be the distance of the most direct route between the port of departure and the port of arrival or the real distance travelled. In the event of the use of the distance of the most direct route between the port of departure and the port of arrival, conservative correction factor should be taken into account to ensure that the distance travelled is not significantly underestimated. The monitoring plan referred to in Article 6 shall specify which distance calculation is used and, if necessary, the correction factor used. The distance travelled shall be expressed in nautical-miles.

For passenger ships, the number of passengers shall be used to express cargo carried. For all other categories of ships, the amount of cargo carried shall be expressed as metric tonnes and cubic meters of cargo.
  [Am. 91]

Transport work shall be determined by multiplying the distance travelled with the amount of cargo carried.
  [Am. 92]

B.   Monitoring on a yearly basis (Article 10)

For the purposes of monitoring other climate-relevant information on a yearly basis, companies shall respect the following rules:

The values to be monitored according to Article 10 should be determined by aggregation of the respective per voyage data.

Average energy efficiency shall be monitored by using at least four

  two
  indicators, fuel consumption per distance, the fuel consumption per transport work,

  and
  the CO2 emissions per distance and the CO2 emissions per transport work, which shall be calculated as follows:

Fuel consumption per distance = total annual fuel consumption / total distance travelled

Fuel consumption per transport work = total annual fuel consumption / total transport work

CO2 emissions per distance = total annual CO2 emissions / total distance travelled.

CO2 emissions per transport work = total annual CO2 emissions / total transport work
  [Am. 93]

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