CircularsNews
January 2015

Iran petrolünün Irak menseli olarak yüklenmesi - SKULD

The European Union’s Emissions Trading System (EU ETS) was extended to cover emissions from shipping as of 1st January 2024.

The EU ETS is limited by a 'cap' on the number of emission allowances. Within the cap, companies receive or buy emission allowances, which they can trade as needed. The cap decreases every year, ensuring that total emissions fall.

Each allowance gives the holder the right to emit:

  • One tonne of carbon dioxide (CO2), or;
  • The equivalent amount of other powerful greenhouse gases, nitrous oxide (N2O) and perfluorocarbons (PFCs).
  • The price of one ton of CO2 allowance under the EU ETS has fluctuated between EUR 60 and almost EUR 100 in the past two years. The total cost of emissions will vary based on the cost of the allowance at the time of purchase, the vessel’s emissions profile and the total volume of voyages performed within the EU ETS area. The below is for illustration purposes:
  • ~A 30.000 GT passenger ship has total emissions of 20.000 tonnes in a reporting year, of which 9.000 are within the EU, 7.000 at berth within the EU and 4.000 are between the EU and an outside port. The average price of the allowance is EUR 75 per tonne. The total cost would be as follows:
  • ~~9.000 * EUR 75 = EUR 675.000
  • ~~7.000 * EUR 75 = EUR 525.000
  • ~~4.000 * EUR 75 * 50% = EUR 150.000
  • ~~Total = EUR 1.350.000 (of which 40% is payable in 2024)
  • For 2024, a 60% rebate is admitted to the vessels involved. However, this is reduced to 30% in 2025, before payment is due for 100% with effect from 2026.
  • Emissions reporting is done for each individual ship, where the ship submits their data to a verifier (such as a class society) which in turns allows the shipowner to issue a verified company emissions report. This report is then submitted to the administering authority, and it is this data that informs what emission allowances need to be surrendered to the authority.
  • The sanctions for non- compliance are severe, and in the case of a ship that has failed to comply with the monitoring and reporting obligations for two or more consecutive reporting periods, and where other enforcement measures have failed to ensure compliance, the competent authority of an EEA port of entry may issue an expulsion order. Where such a ship flies the flag of an EEA country and enters or is found in one of its ports, the country concerned will, after giving the opportunity to the company concerned to submit its observations, detain the ship until the company fulfils its monitoring and reporting obligations.
  • Per the EU’s Implementing Regulation, it is the Shipowner who remains ultimately responsible for complying with the EU ETS system.

There are a number of great resources on the regulatory and practical aspects of the system – none better than the EU’s own:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20230605

https://climate.ec.europa.eu/eu-action/transport/reducing-emissions-shipping-sector_en

https://climate.ec.europa.eu/eu-action/eu-emissions-trading-system-eu-ets/what-eu-ets_en

Sayin Ilgili,

Iran petrolünün STS -gemiden gemiye aktarim- operasyonu ile Birlesik Arap Emirlikleri’nde Irak menseli olarak yüklenmesi konusunda Skuld P&I Klübünün tanker isletmecilerine bilgilendirmesini asagida iletiriz.

Yükün Irak menseli olarak tarif edilip STS yapilacak olan gemiye Basra’da STS operasyonundan birkaç gün önce yüklendigi bilgisi verilmistir. Bu petrolü –görünüste Irak’tan yüklemis gibi gösterip-Basra’da gemiye veren geminin,bu yükü Hormuz Bogazina gelmeden önce Iran’da yükledigine dair varsayimlar vardir. Böylece aslinda Iran’dan yüklenen yük Irak menseli olarak gösterilip ABD yaptirimlarinin uygulandigi ülkelere ithalati saglanmaktadir.

Bilindigi üzere Iran’a uygulanan yaptirimlari ihlal edecek herhangi bir operasyonda/hasarda Klüp teminati yoktur. Üyelerin dikkat etmesi gereken husus ; müeyyidelerin uygulandigi ülkelere Iran menseli petrol tasinmasi nedeniyle gemiye ve/veya armatöre ABD yetkilileri tarafindan haciz islemleri baslatilabilir.

Arabistan Körfezinde yapilan STS operasyonlarinda üyelerin yük gemiye yüklenmeden özellikle yük evraklarina azami dikkat göstermesi önerilmektedir.

http://www.skuld.com/topics/voyage--port-risks/sanctions/iran/iran-sanctions-sts-transfers/

Tanker operators should take note of the recent targeting of ship owners as part of attempts to export crude oil originating from Iran in breach of applicable sanctions by means of ship to ship (STS) transfers at Khor Fakkan in the UAE. Several attempts have been made to export Iranian oil to destinations which do not benefit from a waiver under US National Defence and Authorisation Act (NDAA) legislation.

It appears that such oil may routinely be described as being of Iraqi origin and as having been loaded on board the transferring ship at Basra a couple of days before the proposed STS operation. However, any such documentation should not be taken at face value. It is alleged that the supplying ships loaded the cargo in Iran before shuttling across the straits of Hormuz to supply ships with oil - ostensibly from Iraq - destined for countries that do not benefit from a waiver under applicable US sanctions legislation.

Members are reminded that the Rules of the Club exclude the provision of cover or the payment of a claim where otherwise the Club or the managers or reinsurers would be subject to the risk of sanction or prohibition. Members should also be aware that the transport of Iranian oil to states which do not benefit from a waiver under US law may trigger enforcement action against the ship, its owners and related parties by the US authorities.

There is evidence of a sophisticated smuggling operation and those responsible may go to considerable lengths to disguise the true origin of the cargo. Cargo documentation is likely to appear credible and there may be no evidence of any designated parties being involved. Members are therefore advised to exercise extreme caution when engaging in STS operations in the Arabian Gulf. In particular it is recommended that members check with port agents to ensure that ships providing cargo by means of an STS transfer in the region loaded the cargo at the port stated in the cargo documentation before any cargo is received. It is also advisable to ensure that charter parties contain an appropriate sanctions clause.

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