What changed between the adopted text of 10 Apr 2024 and the adopted text of 28 Apr 2026

Removed:1. By ... [12 months from the date of entry into force of this Regulation], the Commission shall have developed a simplified calculation tool for SMEs that is publicly accessible, user-friendly and free of charge, in accordance with Article 11. It shall be accompanied by step-by-step guidance documents, clearly explaining how that calculation tool functions.

Removed:2. The Commission shall monitor the risk that the data disclosed by SMEs acting as subcontractors, under this Regulation, could be used by transport service organisers for unfair market practices. By .. [2 years from the date of entry into force of this Regulation], the Commission shall present a report to the European Parliament and the Council. That report shall be accompanied, if appropriate, by a legislative proposal to provide measures to protect the confidentiality of commercially sensitive data. [Am. 76]

Removed:CHAPTER IV OUTPUT DATA AND TRANSPARENCY

Removed:Article 9 Establishing output data on greenhouse gas emissions of a transport service

Removed:1. Output data shall be established using the reference methodology and input data in accordance with Articles 4 to 8 of this Regulation.

Removed:2. The output data may be established with using calculation tools. External calculation tools shall comply with the requirements laid down in Article 11.

Removed:3. The output data as a minimum shall consist of the total mass of carbon dioxide equivalent (CO2e) per transport service, and, in relation to a type of transport service concerned, at least one of the following data metrics: [Am. 77]

Removed:(a) mass CO2e per tonne kilometre, or equivalent units, for freight transport;

Removed:(b) mass CO2e per tonne or equivalent units, for freight hub throughput;

Removed:(c) mass CO2e per passenger kilometre, or equivalent units, for passenger transport;

Removed:(d) mass CO2e per passenger or equivalent units, for passenger hub throughput.

Removed:4. The Commission shall be empowered to adopt delegated acts in accordance with Article 16 to complement the list of metrics for output data referred to in paragraph 3.

Removed:Article 10 Communication and transparency

Removed:1. Concerned entities shall disclose output data in a clear and unambiguous manner whenever possible before the provision of a transport service or the conclusion of the contract. When concerned entities disclose output data, in the communication accompanying this disclosure they shall include the following statement “Well-to-wheel greenhouse gas emissions calculated in accordance with EU Regulation [reference to this Regulation] of the European Parliament and the Council”, at least in one of the official languages of the EU, and where possible, in an official language of a Member State on the territory of which the service is performed. [Am. 78]

Removed:1a. Concerned entities may choose to display visibly the following information:

Removed:(a) whether their data is subject to the annual verification;

Removed:(b) whether they have used primary data in which case the variables derived from primary data shall be provided;

Removed:(c) whether they have used the EU calculation tool established by paragraph 2a of article 9. [Am. 79]

Removed:2. Where output data are obtained and disclosed by a data intermediary, in particular digital navigation and journey route planning services, on the basis of separate arrangements, the rules laid down in paragraph 1 and Article 9(3) shall apply. When disclosing output data, the data intermediary shall include a reference to the source of these data. [Am. 80]

Removed:2a. Information on greenhouse gas emissions of a transport service shall be provided to digital data intermediaries by a concerned entity or other relevant legal or natural person. Output data disclosed by those digital data intermediaries shall incorporate the information visibly on each search result and include emissions ranking as a default sorting option, whereby the most environmentally friendly option would be displayed first, as well as an easy comparison between different modal choices, including the use of private vehicles, as well as bicycle options, where appropriate. [Am. 81]

Removed:3. Where primary data are used in the meaning of Article 5(1), concerned entities shall be entitled to communicate this fact to any third party if the use of primary data was verified in accordance with Articles 12 and 13.

Removed:4. Concerned entities shall be able to establish evidence substantiating how the output data were established. That evidence shall be drawn pursuant to the requirements set out by the reference methodology referred to in Article 4(1), and:

Removed:(a) it shall serve as a basis for the verification assessment in accordance with Articles 12 and 13;

Removed:(b) it shall be made available upon request of a competent authority, in accordance with the rules set out in the delegated act referred to in Article 13(9), or another third party insofar separate legal or contractual arrangements apply; [Am. 82]

Removed:(c) where the verification is performed in accordance with Article 12 and 13, it shall include a reference to the proof of compliance referred to in Article 13(6), and the contact information of the conformity assessment body that drew up the proof of compliance;

Removed:(d) where the output data are established through the use of an external calculation tool referred to in Article 9(2), it shall include a reference to that calculation tool.

Removed:5. The output data and evidence referred to in paragraph 54 shall be established in a clear and unambiguous manner, at least in one of the official languages of the Union. Where possible, They shall be made in a harmonised and simple form, available in the form of a weblink, QR code or equivalent, enabling interoperability of output data and evidence across different providers of transport services. [Am. 83]

Removed:6. Personal data shall be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council.

Removed:7. Any recipient of output data and of evidence referred to in paragraph 54, shall take measures to ensure the confidentiality of relevant commercial data that are processed and communicated in accordance with this Regulation, and ensure that such data may be accessed, processed and disclosed only when authorised. [Am. 84]

Removed:CHAPTER V COMPLEMENTARY MEASURES

Removed:Article 11 Certification of calculation tools

Removed:1. External calculation tools referred to in Article 9, paragraph 2 shall be certified by a conformity assessment body referred to in Article 14.

Removed:2. Calculation tool developer shall submit an application to a conformity assessment body that shall assess the compliance of the calculation tool with the requirements laid down in Articles 4 to 9. In the case of a positive assessment, the conformity assessment body shall issue a certificate of conformity of the calculation tool to this Regulation specifying whether the tool supports calculations based on primary data. In the case of a negative assessment, the conformity assessment body shall provide the reasons for the negative assessment to the applicant. [Am. 85]

Removed:2a. Calculation tools that are used internally by an entity to calculate greenhouse gas emissions of a transport service within the scope of this Regulation shall also be aligned with the requirements set out by the reference methodology referred to in Article 4(1). [Am. 86]

Removed:3. The conformity assessment body concerned shall maintain an up-to-date list of the calculation tools that it has certified and for which it has withdrawn or suspended certification. It shall make that list publicly available on its website and shall communicate the address of that website to the Commission without delay.

Removed:4. The certificate shall be valid for two years.

Removed:5. The Commission shall publish on its official website aan easily accessible list of all calculation tools that are certified in accordance with paragraph 1 and paragraph 2, as well as link to the websites referred in paragraph 3. [Am. 87]

Removed:6. The Commission shall adopt implementing acts in accordance with Article 17 to lay down rules on the certification of calculation tools, the related certificate of conformity, including rules on the renewal, suspension and withdrawal of certification.

Removed:CHAPTER VI VERIFICATION OF GHREENHOUSE GAS EMISSION DATA AND CALCULATION PROCESSES

Removed:Article 12 Scope of the verification

Removed:1. Output data referred to in Article 9 shall be subject to verification of its conformity with the requirements laid down in Articles 4 to 9 of this Regulation. Verification shall be carried out at least annually in accordance with the delegated acts referred to in Article 13(9). Verification may also be requested by the conformity assessment body, another concerned entity or its customers. [Am. 88]

Removed:2. The annual verification requirements referred to in paragraph 1 shall apply to concerned entities referred to in Article 2, with the exception of micro, small and medium-sized enterprises referred to in Commission Recommendation 2003/361/EC. The micro, small and medium-sized enterprises may undergo the verification upon their request. [Am. 89]

Removed:Article 13 Verification activities and process

Removed:1. The conformity assessment body referred to in Article 14 shall verify the reliability, credibility, adherence and accuracy of the output data disclosed by a concerned entity. Verification shall be carried out at least annually, and in accordance with the detailed rules set out in the delegated acts referred to in Article 13(9). [Am. 90]

Removed:2. The verification shall be performed in accordance with the requirements laid down in Articles 4 to 9, and based on evidence referred to in Article 10(5). This verification shall address:

Removed:(a) the calculation methodology used;

Removed:(b) the source(s) of the input data used for the calculation, and the share of primary data used; [Am. 91]

Removed:(c) the correctness of the calculation performed;

Removed:(d) the metrics applied.

Removed:2a. Data intermediaries shall be verified on the basis of whether their algorithms properly incorporate and enable the display of faithfully sorted information according to emissions including it as a default option, as well as the different data quality-related filters or highlights, as referred to in Article 10(2a). [Am. 92]

Removed:3. Where external calculation tools are used, the conformity assessment body takes into account their respective certificate of conformity referred to in Article 11.

Removed:3a. Where the entity uses its own calculation tools for the output data referred to in the first sentence of Article 9(1), the conformity assessment body shall assess their compliance with the requirements of the reference methodology referred to in Article 4(1)). [Am. 93]

Removed:4. Where the verification assessment identifies incorrect calculations or non-compliance with Articles 4 to 9 of this Regulation, the conformity assessment body shall inform the entity concerned thereof in a timely mannerwithout delay. That entity shall then correct the calculation or remedy non-conformities so as to enable the verification process to be completed. [Am. 94]

Removed:4a. If the entity, following at least two notifications by the conformity assessment body, refuses to correct the calculations or remedy non-conformities with regard to Article 4 to 9 of this Regulation, the competent authority shall at the request of the conformity assessment body initiate a penalty procedure in accordance with the detailed rules set out in the delegated act referred to in paragraph 9. The penalties provided for shall be effective, proportionate and dissuasive and may take into account, among other aspects the economic benefits generated or expected to be generated by the concerned entity from the non-compliance, where applicable. [Am. 95]

Removed:5. The entity concerned shall provide, within 30 days, the conformity assessment body with any additional information that enables it to carry out the verification procedures. The conformity assessment body may conduct checks during the verification process, in accordance with the detailed rules set out in the delegated act referred to in paragraph (9), to determine the reliability of data and calculations. [Am. 96]

Removed:6. Upon completion of the verification, the conformity assessment body shall draw up, where appropriate, a proof of compliance confirming that the output data comply with the respective requirements set out in this Regulation and specifying whether the entity uses primary data. [Am. 97]

Removed:7. The conformity assessment body concerned shall draw up and maintain an up-to-date list of the entities that have undergone the annual verification pursuant to paragraphs 1 to 6. By 31 March each year, the conformity assessment body shall notify that list to the Commission. [Am. 98]

Removed:8. Where other Union legislation lays down specific rules on the verification assessment of output data, those rules shall be treated in an equivalent manner, under the condition that the verification assessment is established consistently with this Regulation.

Removed:9. The Commission shall adopt implementingdelegated acts in accordance with Article 1716 laying down detailed rules on the verification of the output data anddate, the related proof of compliance and penalty procedures. Those rules shall include provisions related to the evidence referred to in Article 10(5), and the communication rights associated with the use of primary data referred to in Article 10(4). [Am. 99]

Removed:CHAPTER VII ACCREDITATION