Noting the aforementioned, the following are of consideration:
- There will be a financial penalty for each quantum of energy used above the reference value.
- Any compliance surplus, compared to the annual reference value, may be banked until the following reporting period.
- Any compliance deficit, compared to the annual reference value, may be borrowed as an advance compliance surplus from the subsequent reporting period. However, it will be subtracted from that subsequent reporting period at a rate of 1.1 x the borrowed surplus. Once a FuelEU certificate of compliance is issued surplus banking or use of an advanced surplus cannot be changed.
- To incentivise the decarbonisation of the maritime industry, the annual compliance balance of two or more ships may be pooled if verified by the same verifier. Allocation of the pooled allowance is at the discretion of the company/companies.
- Penalties are to be paid for each ship with a compliance deficit. Similarly, penalties are to be paid for each non-compliant port call. (The funds raised from the penalties will be allocated to support common projects aimed at decarbonising the maritime sector.
Zero Emission Berthing
From 1 January 2030 container and passenger ships entering major EEA ports will need to connect to onshore power supplies to meet new zero-emission at berth requirements. This will also apply to other EEA ports from 2035 if they have an onshore power supply. There are several exceptions to the requirements, which include staying at port for less than two hours, using zero- emission technology onboard whilst at berth or making a port call due to unforeseen circumstances or emergencies.
Fuel certification
The calculation of GHG intensity will require factors for each fuel type used. Greenhouse gas emission factors of the following fuels (compliant with the greenhouse gas emission savings criteria) will be determined according to the methodologies set out in Directive (EU) 2018/2001:
- biofuels and biogas not produced from food or feed crops
- renewable fuels of non-biological origin
If they do not comply, they will be considered as having the least favourable fossil fuel equivalent emission factors.
Data provided on the above fuels must be verified by a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of Directive (EU) 2018/2001. Companies may use values other than the default values for the tank-to-wake emission factors provided that the actual values are certified by means of laboratory testing or direct emissions measurements.
Voyages that fall into scope of FuelEU
Ships entering EEA ports from a non-EEA ports / EU outermost regions or vice-versa will have 50% of the energy used in that voyage subject to the Regulation, whilst intra-EEA voyages will have all the energy used in those voyages subject to the Regulation. All energy used at berth in the EEA will be subject to the Regulation.
Ensuring compliance with the FuelEU requirements
The shipping company is responsible for ensuring compliance with the requirements of the FuelEU regulation. As per regulation EU 2015/757 (MRV), the ‘company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner.
84 | The Report • June 2023 • Issue 104
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