On 31 January 2024 it was published the Commission Implementing Decision (EU) 2024/411 of 30 January 2024 on the list of shipping companies specifying the administering authority in respect of a shipping company in accordance with Directive 2003/87/EC of the European Parliament and of the Council.
THE EU ETS AND ITS EXTENSION TO LARGE SHIPS
In January 2024, the EU’s Emissions Trading System (EU ETS) was extended to cover CO2 [1] emissions from all cargo and passenger ships of or above 5000 gross tonnage (GT) entering EU ports, regardless of the flag they fly. From 2027, the EU ETS will be extended to offshore ships of or above 5000 GT.
Shipping companies must surrender their first ETS allowances by September 30, 2025, for emissions reported in 2024. The share of emissions that must be covered by allowances will gradually increase each year:
- In 2025: 40% of emissions reported for 2024.
- In 2026: 70% of emissions reported for 2025.
- In 2027 and beyond: 100% of reported emissions.
The EU ETS is flag-neutral and route-based. This means it covers emissions from maritime transport as follows[2]:
- 50% of emissions from ships performing voyages departing from a port under the jurisdiction of an EU Member State and arriving at a port outside its jurisdiction.
- 50% of the emissions from ships performing voyages departing from a port outside the jurisdiction of an EU Member State and arriving at a port under the jurisdiction of an EU Member State.
- 100% of emissions from ships performing voyages departing from a port under the jurisdiction of an EU Member State and arriving at a port under the jurisdiction of an EU Member State.
- 100% of emissions from ships within a port under the jurisdiction of an EU Member State, i.e. emissions released at berth and during movements within such a port.
Emissions from maritime transport are included in the overall ETS cap, which defines the maximum amount of greenhouse gases that can be emitted under the system. The cap is reduced over time to ensure that all ETS sectors contribute to the EU’s climate objectives. This will incentivise energy efficiency, low-carbon solutions, and reductions of the price difference between alternative fuels and traditional maritime fuels.
OPENING OF MARITIME OPERATOR HOLDING (MOHA)
In practice, shipping companies shall purchase and surrender EU ETS emission allowances for each tonne of reported CO2 (or CO2 equivalent) emissions in the scope of the EU ETS system, by means of a ‘Maritime Operator Holding Accounts’ (MOHA).
Shipping companies shall now open a MOHA with the Administering Authority of the EU Member States to which it has been allocated and shall submit the information to request the opening of a MOHA within the following terms (already running):
- 40 working days from 31 January, date of the publication of the attribution list.
- Those shipping companies that are not included in the list yet (and which are not registered in an EU member State) within 65 working days of the first port of call falling within the scope of the ETS Directive. In these cases, the shipping companies will be allocated to the Administering Authority of the EU Member State where a ship has arrived or has started its first voyage to.
[1] The EU ETS covers CO2 (carbon dioxide), CH4 (methane) and N2O (nitrous oxide) emissions, but the two latter only as from 2026.
[2] Some derogations will apply, for instance for certain voyages to outermost regions or some small islands, or to the benefit of ships using renewable fuels.