Mandatory CO2 monitoring and reporting in the EU for big ships starts now.

 

On 1 January 2018 ships over 5000 grt, subject to a few exceptions, became subject to the monitoring and reporting obligations imposed by EU Regulation on monitoring, reporting and verification of carbon dioxide emissions from maritime transport (Regulation (EU) No. 757/2015 as amended) (the MRV Regulation).

The MRV Regulation requires reporting of three items: actual cargo carried onboard; fuel consumed and; CO2 emitted. These obligations apply to all relevant ships, irrespective of their flag, which make voyages that start or finish in an EU Member State port, which, for the purposes of this Regulation includes Iceland and Norway. The obligations include emissions arising from ships at berth or moving within a port. The obligations are imposed on “companies” meaning “a shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed responsibility for the operation of the ship from the shipowner”.

From 2019, by 30 April of each year, companies will have to submit to the Commission and to the authorities of the flag States concerned, an emissions report concerning the CO2 emissions and other relevant information for the entire reporting period for each ship under their responsibility, which has been verified as satisfactory by an independent verifier.

From 2019 by 30 June of the year following the end of a reporting period, ships arriving at, within or departing from a port under the jurisdiction of a Member State, and which have carried out voyages during that reporting period, will have to carry on board a valid document of compliance.

The UK will enforce these obligations through the Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) and the Port State Control (Amendment) Regulations 2017 which entered into force on 1 October 2017. The Regulations impose criminal sanctions on companies which fail to comply with their obligations under the MRV Regulation. The Merchant Shipping (Port State Control Regulations) 2011 has been amended to make it a requirement for an inspection carried out on or after 30 June 2019 to check that the ship is carrying a document of compliance.

The IMO’s MRV scheme comes into effect on 1 January 2019.

Published by

Professor Simon Baughen

Professor Simon Baughen was appointed as Professor of Shipping Law in September 2013 (previously Reader at the University of Bristol Law School). Simon Baughen studied law at Oxford and practised in maritime law for several years before joining academia. His research interests lie mainly in the field of shipping law, but also include the law of trusts and the environmental law implications of the activities of multinational corporations in the developing world. Simon's book on Shipping Law, has run to seven editions (soon to be eight) and is already well-known to academics and students alike as by far the most learned and approachable work on the subject. Furthermore, he is now the author of the very well-established practitioner's work Summerskill on Laytime. He has an extensive list of publications to his name, including International Trade and the Protection of the Environment, and Human Rights and Corporate Wrongs - Closing the Governance Gap. He has also written and taught extensively on commercial law, trusts and environmental law. Simon is a member of the Institute of International Shipping and Trade Law, a University Research Centre within the School of Law, and he currently teaches at Swansea on the LLM in:Carriage of Goods by Sea, Land and Air; Charterparties Law and Practice; International Corporate Governance.

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