CircularsNews
June 2009

Requirements for Lay-up of Skuld entered Vessels

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

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28 Mayıs 2009 tarihinde Skuld web sitesinde yayınlanan Lay-up prosedürü hakkındaki sirküler ve ekini burada bulabilirsiniz.

LAY-UP

Requirements for Lay-up of entered Vessels

“Simplified Lay-up Guidelines”

Skuld will reduce or return premium for vessels properly laid-up if they meet the criteria set out in the Rules.

Vessels properly laid-up constitute a lower risk and may therefore be entitled to a lay-up return. Skuld Rule 4.7 regulates lay-up of vessels entered for P&I. In general, Skuld will only grant lay-up return for mutual P&I entries. No return will be provided for smaller vessels (less than 200 GT) or vessels of certain types where this is already considered in the assessment of the risk.

CONSIDERATIONS

The lay-up return, or the lay-up premium, will depend on the following:

• Duration of lay-up: Minimum 30 consecutive days

• Arrangements: A lay-up Declaration issued by a class society or other organisation approved by Skuld is required

• Site: The site has to be pre-approved by Skuld

• Safety issues: Watchmen, bilge and fire alarms. Local services in case of emergency

• Cold or warm lay-up: A warm lay-up will probably require more personnel on board which increases the exposure and may not warrant a lay-up return. A Cold lay-up will require a lay-up declaration.

• The vessel to maintain class during lay-up

Skuld will individually assess each situation and decide on the terms.

RISKS

The reduced risk under the P&I cover is mainly that a number of risk elements are limited. Therefore the main principles are:

• No cargo

• No fuel on board - but for safety requirements, or as per agreement

• No crew on board - but for required security and maintenance

• The vessel to remain in class and follow class recommendations as well as to adhere to rules and regulations applicable at the lay-up site

PREMIUM AND SURVEYS

The minimum lay-up period to be entitled to a return of premium is as per the rules 30 days. A claim for return premium has to be made latest three months after the lay-up period has ended or three months after the Policy year has ended.

A vessel permanently laid-up may at inception of the policy year be insured on lay-up conditions. The terms will be subject to that the vessel is laid-up and that the risk is not changing under the period.

Kindly observe that there are no returns or reductions for overspill calls (Rule 4.7.1)

For all lay-up periods exceeding six months, Skuld shall have the possibility to survey the ship prior to re-enter into trade. Therefore the member has an obligation to inform Skuld preferably 30 days prior to the scheduled re-commissioning of the vessel or latest when the decision of re-commissioning is taken.

Skuld will assess each risk individually and Members are advised to contact their underwriter for assessment and calculation of lay-up return or a lay-up premium.

LAY-UP GUIDELINES

Please see “Simplified Lay-up Guidelines” . These give a general description of the requirements for lay-up. Members are, however, advised to contact their classification society for a full set of lay-up requirements.

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