CircularsNews
October 2015

Time for P&I club compassion / 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

Omni warns there is no case for parroting old arguments in favour of general increases

October 23rd, 2015 00:00 GMT  by Jim Mulrenan London

Published in WEEKLY

Modest general increases are expected at the forthcoming renewal of protection-and-indemnity (P&I) cover by the Omni insurance broking group.

The broker says it is abundantly clear that the major P&I clubs are in better financial shape than many of their members but suggests this is unlikely to result in a year without general increases.

Omni’s annual report on the state of the P&I market — illustrated with a parrot — tells club underwriters to stop repeating the old arguments that Solvency II, claims, investment income and rating-agency assessments require a general increase.

Increases not justified

The Istanbul-based broker notes that the clubs’ favourable results and a modest level of claims do not justify the general increases of previous years.

“Freight markets still show little sign of improving, apart from the tanker sector, so the time must come for the financially sound insurers to show some compassion for their members and clients,” declared Omni.

“In the past we have seen shipowners move away from a club because of unsatisfactory renewal terms, only for that same club to express disappointment and regret at losing a valued member,” daid Omni. “Let this not happen again in the 2016/2017 renewal season.”

Omni says it is time for the clubs to return money to their shipowner members and suggests some may reduce forecast supplementary calls, or give a return in some other way. “The increases that were charged in the last couple of years, with the contention that the pool claims were high, should in one way or the other be reimbursed to the members,” the broker added.

Omni is also hopeful that if the current benign claims run continues there will be a reduction in reinsurance costs, directly charged to shipowners through a tonnage-related levy.

The report warns that “churn”, the practice of clubs insuring new tonnage at much lower rates than vessels scrapped or sold, is having a detrimental effect on premium levels and questions the logic of this.

Churn is usually seen as a consequence of the agreement between the 13 International Group clubs to not undercut each other’s renewal quotations, which leads to intensified competition for tonnage new to the market, so not covered by the deal.

But Omni also highlights that this discrimination jars with the current reality, where the overall insured fleet is quite young and human error, rather than the age of a ship, is a key cause of most casualties.

“Is age so important for P&I insurers?” asked the broker.

Omni describes differing views between the clubs about the merits of providing fixed premium, in addition to mutual cover, as “rather a storm in a tea cup”.

The broker notes that diversification has become the name of the game for many International Group clubs, attracted to widening their risk profiles while bringing in additional income.

With clubs interested in fixed-premium business, and fixed-premium schemes competing in traditional club territory — by offering up to a $1bn of cover for ships of as much as 40,000 gross tons (gt) — there is an element of convergence.

Omni predicts that the London Club will be next in line to set up a fixed-premium facility.

With so many clubs now offering a fixed-premium option, Omni views this as a trend unlikely to change but observes that, for many owners, going fixed is not a realistic option.

“Although we welcome competition, the number of fixed premium facilities is really too many,” said Omni.

The broker also doubts that P&I clubs moving into the hull and machinery market makes much business sense.

“We think that it will be very difficult to make a profit in this soft market and potential new players, for this reason, will think twice before they move into the market,” says the Omni report.

The broker also has reservations about the impact diversification could have on the International Group claims pooling system, as profitable new lines could allow clubs to subsidise P&I premiums.

‘Adverse effect’

“With lower premium levels, a club’s contribution to pool claims can be reduced and this can have an adverse effect on the successful pooling and sharing system,” warns Omni. “Going forward, the group needs to closely monitor the impact of diversification activities to preserve this system.”

Omni is also concerned that the divergent strategies of the clubs could prove harmful. “Because group clubs share claims through the pooling system, they have a common interest in loss prevention and control, and in the maintenance of quality standards throughout the membership,” noted the broker.

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