CircularsNews
July 2015

Iran Sanctions, agreement in Vienna

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

Dear Sir, Madam,

Enclosed please kindly find a circular by the North of England P&I Club.  All Group Clubs issues similar circular.  

Also in the following is a snap-shot circular in Turkish by the law firm NSN, Istanbul.  Their circular summarises that the agreement in Vienna on 14.07.2015 with Iran sets out an intention to set a time table to lift the sanctions hopefully entirely.  At this stage the sanctions remain in force and the existing sanctions relief has been extended until a date to be advised.

Sayın İlgili,

Ekte North of England Klubunun yayınlamış olduğu İran Ambargosuna ilişkin son durum sirkulerini bulabilirsiniz.  

Ayrıca aşağıda NSN Hukuk Bürosunun konu ile ilgili öz bilgi veren sirkülerini de bulabilirsiniz.

QTE

14.07.2015 tarihinde İran ile anlaşmaya varan E3/EU+3 (China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs andSecurity Policy) olarak tanımlanan ülkeler, İran'a uygulanan ambargoların belirli bir takvime göre kaldırılması hususunda mutabakata vardılar. Fakat bu mutabakata göre aşağıda kabaca tarif edilen bazı adımlar ve tarihler izlenecek  ve henüz takvim belli değil. Bu nedenle, daha önce ambargosu geçici olarak ve 30 Haziran 2015 tarihine kadar kaldırılan ürünlerle ilgili sürenin, yeni takvim açıklanana kadar uzatılmasına karar verildi.

Yani henüz ambargo tamamen kalkmadı, kalkması ile ilgili takvim bekleniyor. 30 Haziran 2015 e kadar ambargosu kaldırılan ürünlerle ilgili süre ise uzatılmış oldu. Aşağıda takvim ile ilgili genel bilgiyi gönderiyoruz.

Gelişmeleri bildireceğiz.

IMPLEMENTATION PLAN

34. Iran and the E3/EU+3 will implement their JCPOA commitments according to the

sequence specified in Annex V.

The milestones for implementation are as follows:

i. Finalisation Day is the date on which negotiations of this JCPOA are concluded

among the E3/EU+3 and Iran, to be followed promptly by submission of the

resolution endorsing this JCPOA to the UN Security Council for adoption without

delay.

ii. Adoption Day is the date 90 days after the endorsement of this JCPOA by the UN

Security Council, or such earlier date as may be determined by mutual consent

of the JCPOA participants, at which time this JCPOA and the commitments in this

JCPOA come into effect. Beginning on that date, JCPOA participants will make

necessary arrangements and preparations for the implementation of their

JCPOA commitments.

iii. Implementation Day is the date on which, simultaneously with the IAEA report

verifying implementation by Iran of the nuclear-related measures described in

Sections 15.1. to 15.11 of Annex V, the EU and the United States take the actions

described in Sections 16 and 17 of Annex V respectively and in accordance with

the UN Security Council resolution, the actions described in Section 18 of Annex

V occur at the UN level.

iv. Transition Day is the date 8 years after Adoption Day or the date on which the

Director General of the IAEA submits a report stating that the IAEA has reached

the Broader Conclusion that all nuclear material in Iran remains in peaceful

activities, whichever is earlier. On that date, the EU and the United States will

take the actions described in Sections 20 and 21 of Annex V respectively and

Iran will seek, consistent with the Constitutional roles of the President and

Parliament, ratification of the Additional Protocol.

v. UN Security Council resolution Termination Day is the date on which the UN

Security Council resolution endorsing this JCPOA terminates according to its

terms, which is to be 10 years from Adoption Day, provided that the provisions

of previous resolutions have not been reinstated. On that date, the EU will take

the actions described in Section 25 of Annex V.

35. The sequence and milestones set forth above and in Annex V are without prejudice

to the duration of JCPOA commitments stated in this JCPOA.

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