PURPOSE: to set up a system for monitoring, reporting and verification (MRV system) of CO2 emissions based on the fuel consumption of ships as a first step of a staged approach for the inclusion of maritime transport emissions in the Union's greenhouse gas reduction commitment.
LEGISLATIVE ACT: Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC.
CONTENT: this Regulation lays down rules for the accurate monitoring, reporting and verification of carbon dioxide (CO2) emissions and of other relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State, in order to promote the reduction of CO2 emissions from maritime transport in a cost effective manner.
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 EUR 1.2 billion by 2030.
Scope: this Regulation applies to ships above 5 000 gross tonnage in respect of CO2 emissions released during their voyages from their last port of call to a port of call under the jurisdiction of a Member State and from a port of call under the jurisdiction of a Member State to their next port of call, as well as within ports of call under the jurisdiction of a Member State.
It does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, ships not propelled by mechanical means, or government ships used for non-commercial purposes.
Monitoring plan: by 31 August 2017, companies shall submit to the verifiers a monitoring plan for each of their ships indicating the method chosen to monitor and report CO2 emissions and other relevant information.
Companies shall check regularly, and at least annually, whether a ship's monitoring plan reflects the nature and functioning of the ship and whether the monitoring methodology can be improved.
From 1 January 2018, companies shall, based on the monitoring plan assessed in accordance with the Regulation, monitor CO2 emissions for each ship on a per-voyage and an annual basis.
Surveillance methods: the rules should take into account existing requirements and data already available on board ships. Companies should be given the opportunity to select one of the following four monitoring methods: (i) the use of Bunker Fuel Delivery Notes; (ii) bunker fuel tank monitoring on-board; (iii) flow meters for applicable combustion processes; (iv) direct emission measurements.
Verifier: the verifier shall be independent from the company or from the operator of a ship and shall be accredited by national accreditation bodies and shall carry out the activities required under this Regulation in the public interest.
A document of compliance issued by a verifier should be kept on board ships to demonstrate compliance with the obligations for monitoring, reporting and verification.
Inspections: each Member State shall take all the measures necessary to ensure compliance with the monitoring and reporting requirements by ships flying its flag. Member States shall regard the fact that a document of compliance has been issued for the ship concerned, as evidence of such compliance. Each Member State shall ensure that any inspection of a ship in a port under its jurisdiction includes checking that a valid document of compliance is carried on board.
Member States shall set up a system of penalties for failure to comply with the monitoring and reporting obligations.
In the case of ships having failed to comply with monitoring and reporting requirements for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance, it is appropriate to provide for the possibility of expulsion.
Lastly, the European Maritime Safety Agency (EMSA) should, within the framework of its mandate, support the Commission by carrying out certain tasks.
ENTRY INTO FORCE: 1.7.2015.
DELEGATED ACTS: the Commission may adopt delegated acts to take account of international regulations (International Maritime Organization IMO standards), as well as technological and scientific developments in this area. The power to adopt such acts is conferred on the Commission for a period of five years (tacitly extended) from 1 July 2015. The European Parliament or the Council may object to a delegated act within two months from the date of notification (this period may be extended by two months). If the European Parliament or the Council objects to the delegated act, it shall not enter into force.