International Shipping gets closer to the rocks of the EU Emissions Trading System

Earlier this year this blog reported on the implications for international shipping of the EU ‘Green Deal’, the topic of two papers at the IISTL’s recent Colloquium.

Things are now moving on apace. On 16 September the European Parliament voted in favour of a 40% reduction in CO2 by 2030 for all maritime transport and for the inclusion of ships of 5000 grt and over in the EU Emissions Trading System (ETS), with the establishment of an “Ocean Fund” to run from 2022 -2030 to contribute to protecting marine ecosystems. The Parliament is now ready to start negotiations with member states on the final shape of the legislation.

Where the EU goes, the IMO may follow – on which note in another interesting development, on 25 September, the major charterer, Trafigura, have submitted a proposal to the IMO for a partial “feebate” system to decarbonise global shipping. Trafigura’s press release states, “We propose a self-financing system where a levy is charged on the use of fuels with a CO2-equivalent intensity above an agreed benchmark level, and a subsidy is provided for fuels with a CO2-equivalent profile below that level. It is now time to put a price on carbon emissions in the shipping industry Our own in-depth analysis and commissioned independent research indicates that the levy should be between $250-$300 per tonne of CO2-equivalent. While primarily bridging the cost gap between carbon intensive and low or zero carbon fuels, this partial “feebate” would also raise billions of dollars for research into alternative fuels and could help assist small island developing states and other developing countries mitigate the impact of climate change.”

Rather more than the $2 per tonne bunker levy for financing R&D into alternative green fuels that various shipowner organisations proposed earlier this year.

.

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.

Leave a Reply