CircularsNews
October 2015

Omni highlights maritime obligations arising from refugee crisis in the Med / Tradewinds

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

A warning that the duty to go to the assistance of refugees in danger on the Mediterranean Sea is a legal obligation has been highlighted in Omni’s protection-and-indemnity (P&I) report.

October 23rd, 2015 00:00 GMT  

Published in WEEKLY

As an Istanbul-based broker it is no surprise that a crisis close to home is seen as having major implications.

Omni notes that ships are required to assist persons in distress at sea, regardless of their nationality, status or the circumstances in which they are found.

Failure to fulfil the obligation set by United Nations (UN) and International Maritime Organization (IMO) conventions can result in a fine or up to two years of imprisonment, according to the broker.

The consequences for shipowners and their vessels of “desperate people crowding into decrepit ships” has alarming and critical consequences, according to Omni.

“The presence of numerous additional persons on board can affect the seaworthiness of the vessel, the refugees may as well become a threat to crew’s health and other concerns, the vessel may have insufficient supplies for the refugees, the search and rescue operation may cause delay for the vessel, causing a sensitive cargo to be affected, and the list goes on,” added the broker.

Omni warns that only expenses that cannot be recovered from another party are covered by a P&I club.

“The most vital amount arising from a search and rescue operation is usually the deviation expenses, which fall under the scope of P&I…. if the deviation is justified and reasonably carried out,” explained the broker.

Omni highlights that only the net loss is covered and there is no compensation for loss of hire as a result of deviation.

The broker also highlights the war risk facing ships trading to troubled areas of the world, citing the 5,100-dwt general cargoship Tuna 1 (built 1997), controlled by the logistics offshoot of Turkish engineering and construction concern Arda Group. The vessel was bombed by Libyan government forces and the third officer killed as it approached a rebel held port in May.

Omni, although Turkish based, has operations in the UK and US, as well as a joint venture in Dubai.

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