CircularsNews
March 2013

SOS Signals in Pandi Renewals

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

The most recent Pandi renewals which we have just completed are poised to be the most challenging and damaging renewals in several decades. The difficult and devastating economic conditions for ship owners and poor underwriting results worsened by the largest claims in history proved this past renewal season one of the worst in history.

One of the major brokers noted in its annual PandI Market Report that in 2011/2012 the incurred claims increased by 13%, thus 2011/2012 policy year is attributed the honor of registering the highest level of net paid and incurred claims ever reported in PandI History .10 of The PandI Clubs reported underwriting losses with negative combined ratios which should not be sustainable in a mutual environment. In spite of all these adversities the total market free reserves were managed to increase marginally by 4%. The renewal negotiations were the toughest fought during my 37 years of carrier in this business and my seniors say that they were the toughest since the turn of The Century.

The shipowners have been facing the most challenging economic difficulties in a generation and PandI Clubs are having difficulties in balancing their underwriting results. Added to this the Reinsurance market have been introduced with the largest claims in IGA History so they aggravated the situation with huge premium increases in The Group Excess Reinsurances. The Clubs, in order to minimize their Reinsurance Costs increased the retention level from USD 8 Million to USD 9 Million and the Pool Retention level from USD 60 Million to USD 70 Million.

On the other hand, The Limits on The Club Cover generally remained unchanged. The limit for oil pollution claims will continue to be USD 1 Billion, the combined limit for The Passenger and Seamen Liabilities will be USD 3 Billion with a sub limit of USD 2 Billion for Passenger Liabilities to apply. The Group overspill protection will again be in place for 2013 to protect the clubs for their share of any overspill liabilities for claims of up to USD 1 Billion in excess of USD 2.07 Billion.

The steady increase in The Gross Tonnage of the World’s Shipping increases the risk exposure of the PandI Clubs. However, because of the increasing volume and cost of the claims and the poor performance of the investment markets, the Clubs will not be able to improve their economic conditions. This dilemma unfortunately gives us alarm signals for further general increases for the forthcoming renewal season and maybe seasons.

I hereby urge and sincerely request those shipowners sitting on the Boards of The PandI Clubs that , not later than tomorrow, they should start working on the finances of The Clubs that they represent and look for the ways and means of utilizing their reserves a bit to cover at least part of the forthcoming general increases in 2014. The shipping market will not be economically better at this time next year and there may not be that many shipowners and brokers left to sit around the table to negotiate the premium increases.

Time is tough and this is not a jpke. Mr Pandi Clubs you can touch upon your reserves a bit, Don’t worry if this is done carefully it should not hurt your ratings and financial stability but will help be of great help for your shipowner members.

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