CircularsNews
August 2014

Sanctions for Ukraine and Sanctions by Russia

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,

Avrupa Birligi, Ukrayna’ya yönelik yaptirimlarini asagida özetlendigi biçimde genisletmis olup ayrica Rusya da ABD, Avrupa, Kanada, Avustralya, Norveç menseli bahsi geçen yiyeceklerin ülkesine ihracini yasakladigini duyurmustur.

Sanctions in Respect of Ukraine and Russia

11th August 2014

EU Sanctions

The EU published Regulation 833/2014 on 31 July 2014, detailing further measures against Russia in light of the situation in Ukraine. In brief, the Regulation prohibits the supply, transfer or export of:

Dual-use goods, whether originating in the EU or not, to Russian persons or for use in Russia if they are intended for military use.

Goods set out in Annex II of the Regulation - which relate to oil exploration and production activities in Russia - without prior authorisation from a competent authority.

Technical assistance, brokerage or financial services related to goods and technology in the Common Military List.

The text of the Regulation can be found here. As usual it has wide application to persons and vessels within the EU or subject to the jurisdiction of an EU Member State (see Article 13).

In addition, the EU has further expanded the number of individuals and entities to which travel plans and asset freezes have been applied. The Notice issued by the UK Treasury dated 31 July 2014 can be found here.

Members are strongly advised to proceed with caution when dealing with Russian or Ukrainian counterparties and to satisfy themselves that no sanctioned individual or entity is involved in the potential trade.  Failure to do so may result in exposure to EU and/or US sanctions and to the loss of Club cover.

Russian Sanctions

Russia has recently issued its own embargo on the importation into the Russian Federation of beef, pork, fruit and vegetable produce, poultry, fish, cheese, milk and dairy products where they originate from the US, an EU state, Canada, Australia or Norway.

- See more at: http://www.westpandi.com/Publications/News/Sanctions-in-Respect-of-Ukraine-and-Russia3/#sthash.VbIPi5En.dpuf

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