EU ETS delegated acts: new consultation to define the entity responsible to surrender the EU ETS allowances and the administering authority

ATTN:   ALL FULL MEMBERS

Dear Members,

the Commission has opened the last consultation,  which concerns the rules for the administration of shipping companies by administering authorities under the EU Emissions Trading System (ETS)

The draft implementing act attached defines:

1. the entity responsible to surrender the EU ETS allowances (Article 1)
2. the administering authority (Article 2,3,4,5,6)

Short Summary

In a nutshell the below are summarised:

1. The Commission has decided to allow the parties to agree contractually among them on the identity of the entity that is entrusted with the obligations following from the EU ETS.

2. The shipowner can contractually mandate the ISM company to assume responsibility for the EU ETS obligations and to surrender the EU ETS allowances. In this case, the ISM company should provide its administering authority with information on ships under its responsibility.

3. The organisation or person shall provide its  administering authority in respect of a shipping company with a document signed by both the shipowner and that organisation or person  clearly  indicating that it has been duly mandated by the shipowner to comply with the ETS  obligations.

4. The administering authority is defined as follows :

1. The EU Member State where the shipping company is registered, as recorded under the IMO Unique Company and Registered Owner Identification Number Scheme.
2. The EU Member States where the company registered outside the EU had the most port call, on the basis of data stored in the Union maritime information and exchange system (SafeSeaNet).
3. If this is the 1^st voyage between two Member States of a ship of a shipping company which is not registered in a Member  State, the Member State where that voyage started.
4. If a shipping company,  not registered in a Member State, has its greatest number of port calls in two or more Member States, the Member State where the shipping company had its first port call among the voyages that started or ended in those Member States with an equal number of port calls.

Members are invited to send any feedback, by Friday 15 September COB, in order to be shared with ECSA keeping anonymity and the EU respectively.

Background

The EU Commission has opened a series of consultations on the EU ETS delegated regulations, more details can be found in our circular ref: 0808-F> EU ETS delegated acts: consultations on templates for monitoring plans & aggregated emissions data at company level.

Next steps

After the end of the consultation periods, the delegated and implementing acts will be adopted by the Commission and sent to the Parliament and the Council, which can either adopt or reject them, but not amend them. If they adopt them, the delegated acts will be published in the EU Official Journal and will enter into force shortly afterwards.

The revised EU ETS and EU MRV legislation will apply from 1^st January 2024.

Kind regards

Emmanuel Vergetis

Regional Representative

Athens- Greece