(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]

(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]

(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]

(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.

(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]

(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]

(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]

(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.

(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]

(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]

(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.

(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]

(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]

(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.

(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.

(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.

(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]

(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.

(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,

(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;

(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;

(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;

(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;

(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]

(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;

(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]

(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;

(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:

(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;

(f)

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

(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:

(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;

(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]

(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;

(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;

(e)

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

(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]

(c)

CO2 emitted;

(d)

distance travelled;

(e)

time spent at sea;

(f)

cargo carried; [Am. 53]

(fa)

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

(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]

(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;

(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;

(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;

(g)

total distance travelled;

(h)

total time spent at sea and at berth ;

(i)

total transport work;

(j)

average energy efficiency. [Am. 59]

(a)

data identifying the ship and the company, including:

(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;

(ca)

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

(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;

(c)

the choice and the employment of emission factors;

(d)

the calculations leading to the determination of the overall emissions;

(e)

the calculations leading to the determination of the energy efficiency.

(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;

(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.

(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;

(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).

(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);

(c)

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

(d)

annual CO2 emissions;

(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;

(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]

(i)

methodology for monitoring applied;

(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.

1.

In Article 1, the following point shall be added:

(*2)  OJ L … ().’"

2.

The following Article shall be inserted:

‘Article 21a

Reporting emissions from maritime transport

(*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’