Regulation (EU) 2015/757 of the European Parliament and of the CouncilShow full title

CHAPTER I U.K. GENERAL PROVISIONS

Article 1 U.K. Subject matter

This Regulation lays down rules for the accurate monitoring, reporting and verification of carbon dioxide (CO₂) emissions and of other relevant information from ships arriving at, within or departing from ports under the jurisdiction of a Member State, in order to promote the reduction of CO₂ emissions from maritime transport in a cost effective manner.

Article 2 U.K. Scope

1. This Regulation applies to ships above 5 000 gross tonnage in respect of CO₂ emissions released during their voyages from their last port of call to a port of call [F1 in the United Kingdom] and from a port of call [F1 in the United Kingdom] to their next port of call, as well as within ports of call [F1 in the United Kingdom].

2. This Regulation does not apply to warships, naval auxiliaries, fish-catching or fish-processing ships, wooden ships of a primitive build, ships not propelled by mechanical means, or government ships used for non-commercial purposes.

Textual Amendments

F1 Words in Art. 2 substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Definitions

For the purposes of this Regulation, the following definitions apply:

(a)

‘CO₂ emissions’ means the release of CO₂ into the atmosphere by ships;

(b)

‘port of call’ means the port where a ship stops to load or unload cargo or to embark or disembark passengers; consequently, stops for the sole purposes of refuelling, obtaining supplies, relieving the crew, going into dry-dock or making repairs to the ship and/or its equipment, stops in port because the ship is in need of assistance or in distress, ship-to-ship transfers carried out outside ports, and stops for the sole purpose of taking shelter from adverse weather or rendered necessary by search and rescue activities are excluded;

(c)

‘voyage’ means any movement of a ship that originates from or terminates in a port of call and that serves the purpose of transporting passengers or cargo for commercial purposes;

(d)

‘company’ means the shipowner or any other organisation or person, such as the manager or the bareboat charterer, which has assumed the responsibility for the operation of the ship from the shipowner;

(e)

‘gross tonnage’ (GT) means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in Annex I to the International Convention on Tonnage Measurement of Ships, adopted by the International Maritime Organization (IMO) in London on 23 June 1969, or any successor convention;

(f)

‘verifier’ means a legal entity carrying out verification activities which is accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 and this Regulation;

(g)

‘verification’ means the activities carried out by a verifier to assess the conformity of the documents transmitted by the company with the requirements of this Regulation;

(h)

‘document of compliance’ means a document specific to a ship, issued to a company by a verifier, which confirms that that ship has complied with the requirements of this Regulation for a specific reporting period;

(i)

‘other relevant information’ means information related to CO₂ emissions from the consumption of fuels, to transport work and to the energy efficiency of ships, which enables the analysis of emission trends and the assessment of ships' performances;

(j)

‘emission factor’ means the average emission rate of a greenhouse gas relative to the activity data of a source stream, assuming complete oxidation for combustion and complete conversion for all other chemical reactions;

(k)

‘uncertainty’ means a parameter, associated with the result of the determination of a quantity, that characterises the dispersion of the values that could reasonably be attributed to the particular quantity, including the effects of systematic as well as of random factors, expressed as a percentage, and describes a confidence interval around the mean value comprising 95 % of inferred values taking into account any asymmetry of the distribution of values;

(l)

‘conservative’ means that a set of assumptions is defined in order to ensure that no under-estimation of annual emissions or over-estimation of distances or amounts of cargo carried occurs;

(m)

‘reporting period’ means one calendar year during which CO₂ emissions have to be monitored and reported. For voyages starting and ending in two different calendar years, the monitoring and reporting data shall be accounted under the first calendar year concerned;

(n)

‘ship at berth’ means a ship which is securely moored or anchored in a port falling [F2 in the United Kingdom] while it is loading, unloading or hotelling, including the time spent when not engaged in cargo operations;

(o)

‘ice class’ means the notation assigned to the ship by the competent national authorities of the flag State or an organisation recognised by that State, showing that the ship has been designed for navigation in sea-ice conditions.

Textual Amendments

F2 Words in Art. 3 substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. MONITORING AND REPORTING

SECTION 1 U.K. Principles and methods for monitoring and reporting

Article 4 U.K. Common principles for monitoring and reporting

1. In accordance with Articles 8 to 12, companies shall, for each of their ships, monitor and report on the relevant parameters during a reporting period. They shall carry out that monitoring and reporting within all ports [F3 in the United Kingdom] and for any voyages to or from a port [F3 in the United Kingdom].

2. Monitoring and reporting shall be complete and cover CO₂ emissions from the combustion of fuels, while the ships are at sea as well as at berth. Companies shall apply appropriate measures to prevent any data gaps within the reporting period.

3. Monitoring and reporting shall be consistent and comparable over time. To that end, companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier.

4. Companies shall obtain, record, compile, analyse and document monitoring data, including assumptions, references, emission factors and activity data, in a transparent manner that enables the reproduction of the determination of CO₂ emissions by the verifier.

5. Companies shall ensure that the determination of CO₂ emissions is neither systematically nor knowingly inaccurate. They shall identify and reduce any source of inaccuracies.

6. Companies shall enable reasonable assurance of the integrity of the CO₂ emission data to be monitored and reported.

7. Companies shall endeavour to take account of the recommendations included in the verification reports issued pursuant to Article 13(3) or (4) in their subsequent monitoring and reporting.

Textual Amendments

F3 Words in Art. 4 substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Methods for monitoring CO₂ emissions and other relevant information

1. For the purposes of Article 4(1), (2) and (3), companies shall, for each of their ships, determine the CO₂ emissions in accordance with any of the methods set out in Annex I, and monitor other relevant information in accordance with the rules set out in Annex II or adopted pursuant to it.

2. The [F4 Secretary of State may make regulations] to amend the methods set out in Annex I and the rules set out in Annex II, in order to take into account relevant international rules as well as international and European standards F5 ... [F6 and] to amend Annexes I and II in order to refine the elements of the monitoring methods set out therein, in the light of technological and scientific developments.

Textual Amendments

F4 Words in Art. 5(2) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Full stop in Art. 5(2) omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 5(2) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 2 U.K. Monitoring plan

Article 6 U.K. Content and submission of the monitoring plan

1. By 31 August 2017, companies shall submit to the verifiers a monitoring plan for each of their ships indicating the method chosen to monitor and report CO₂ emissions and other relevant information.

2. Notwithstanding paragraph 1, for ships falling under the scope of this Regulation for the first time after 31 August 2017, the company shall submit a monitoring plan to the verifier without undue delay and no later than two months after each ship's first call in a port [F7 in the United Kingdom].

3. The monitoring plan shall consist of a complete and transparent documentation of the monitoring method for the ship concerned and shall contain at least the following elements:

(a) the identification and type of the ship, including its name, its IMO identification number, its port of registry or home port, and the name of the shipowner;

(b) the name of the company and the address, telephone and e-mail details of a contact person;

(c) a description of the following CO₂ emission sources on board the ship: main engines, auxiliary engines, gas turbines, boilers and inert gas generators, and the fuel types used;

(d) a description of the procedures, systems and responsibilities used to update the list of CO₂ emission sources over the reporting period;

(e) a description of the procedures used to monitor the completeness of the list of voyages;

(f) a description of the procedures for monitoring the fuel consumption of the ship, including:

(i)

the method chosen from among those set out in Annex I for calculating the fuel consumption of each CO₂ emission source, including, where applicable, a description of the measuring equipment used,

(ii)

the procedures for the measurement of fuel uplifts and fuel in tanks, a description of the measuring equipment used and the procedures for recording, retrieving, transmitting and storing information regarding measurements, as applicable,

(iii)

the method chosen for the determination of density, where applicable,

(iv)

a procedure to ensure that the total uncertainty of fuel measurements is consistent with the requirements of this Regulation, where possible referring to national laws, clauses in customer contracts or fuel supplier accuracy standards;

(g) single emission factors used for each fuel type, or in the case of alternative fuels, the methodologies for determining the emission factors, including the methodology for sampling, methods of analysis and a description of the laboratories used, with the ISO 17025 accreditation of those laboratories, if any;

(h) a description of the procedures used for determining activity data per voyage, including:

(i)

the procedures, responsibilities and data sources for determining and recording the distance,

(ii)

the procedures, responsibilities, formulae and data sources for determining and recording the cargo carried and the number of passengers, as applicable,

(iii)

the procedures, responsibilities, formulae and data sources for determining and recording the time spent at sea between the port of departure and the port of arrival;

(i) a description of the method to be used to determine surrogate data for closing data gaps;

(j) a revision record sheet to record all the details of the revision history.

4. The monitoring plan may also contain information on the ice class of the ship and/or the procedures, responsibilities, formulae and data sources for determining and recording the distance travelled and the time spent at sea when navigating through ice.

5. Companies shall use standardised monitoring plans based on templates. Those templates, including the technical rules for their uniform application, shall be [F8 in the form specified in regulations made by the Secretary of State.]

Textual Amendments

F7 Words in Art. 6(2) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 6(5) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Modifications of the monitoring plan

1. Companies shall check regularly, and at least annually, whether a ship's monitoring plan reflects the nature and functioning of the ship and whether the monitoring methodology can be improved.

2. Companies shall modify the monitoring plan in any of the following situations:

(a) where a change of company occurs;

(b) where new CO₂ emissions occur due to new emission sources or due to the use of new fuels not yet contained in the monitoring plan;

(c) where a change in availability of data, due to the use of new types of measuring equipment, new sampling methods or analysis methods, or for other reasons, may affect the accuracy of the determination of CO₂ emissions;

(d) where data resulting from the monitoring method applied has been found to be incorrect;

(e) where any part of the monitoring plan is identified as not being in conformity with the requirements of this Regulation and the company is required to revise it pursuant to Article 13(1).

3. Companies shall notify to the verifiers without undue delay any proposals for modification of the monitoring plan.

4. Modifications of the monitoring plan under points (b), (c) and (d) of paragraph 2 of this Article shall be subject to assessment by the verifier in accordance with Article 13(1). Following the assessment, the verifier shall notify the company whether those modifications are in conformity.

SECTION 3 U.K. Monitoring of CO₂ emissions and other relevant information

Article 8 U.K. Monitoring of activities within a reporting period

From 1 January 2018, companies shall, based on the monitoring plan assessed in accordance with Article 13(1), monitor CO₂ emissions for each ship on a per-voyage and an annual basis by applying the appropriate method for determining CO₂ emissions among those set out in Part B of Annex I and by calculating CO₂ emissions in accordance with Part A of Annex I.

Article 9 U.K. Monitoring on a per-voyage basis

1. Based on the monitoring plan assessed in accordance with Article 13(1), for each ship arriving in or departing from, and for each voyage to or from, a port [F9 in the United Kingdom], companies shall monitor in accordance with Part A of Annex I and Part A of Annex II the following parameters:

(a) port of departure and port of arrival including the date and hour of departure and arrival;

(b) amount and emission factor for each type of fuel consumed in total;

(c) CO₂ emitted;

(d) distance travelled;

(e) time spent at sea;

(f) cargo carried;

(g) transport work.

Companies may also monitor information relating to the ship's ice class and to navigation through ice, where applicable.

2. By way of derogation from paragraph 1 of this Article and without prejudice to Article 10, a company shall be exempt from the obligation to monitor the information referred to in paragraph 1 of this Article on a per-voyage basis in respect of a specified ship, if:

(a) all of the ship's voyages during the reporting period either start from or end at a port [F10 in the United Kingdom]; and

(b) the ship, according to its schedule, performs more than 300 voyages during the reporting period.

Textual Amendments

F9 Words in Art. 9(1) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 9(2)(a) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Monitoring on an annual basis

Based on the monitoring plan assessed in accordance with Article 13(1), for each ship and for each calendar year, companies shall monitor in accordance with Part A of Annex I and with Part B of Annex II the following parameters:

(a)

amount and emission factor for each type of fuel consumed in total;

(b)

total aggregated CO₂ emitted within the scope of this Regulation;

(c)

aggregated CO₂ emissions from all voyages between ports [F11 in the United Kingdom];

(d)

aggregated CO₂ emissions from all voyages which departed from ports [F11 in the United Kingdom];

(e)

aggregated CO₂ emissions from all voyages to ports [F11 in the United Kingdom];

(f)

CO₂ emissions which occurred within ports [F11 in the United Kingdom] at berth;

(g)

total distance travelled;

(h)

total time spent at sea;

(i)

total transport work;

(j)

average energy efficiency.

Companies may monitor information relating to the ship's ice class and to navigation through ice, where applicable.

Companies may also monitor fuel consumed and CO₂ emitted, differentiating on the basis of other criteria defined in the monitoring plan.

Textual Amendments

F11 Words in Art. 10 substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(8); 2020 c. 1, Sch. 5 para. 1(1)

SECTION 4 U.K. Reporting

Article 11 U.K. Content of the emissions report

1. From 2019, by 30 April of each year, companies shall submit to the [F12 Secretary of State], an emissions report concerning the CO₂ emissions and other relevant information for the entire reporting period for each ship under their responsibility, which has been verified as satisfactory by a verifier in accordance with Article 13.

2. Where there is a change of company, the new company shall ensure that each ship under its responsibility complies with the requirements of this Regulation in relation to the entire reporting period during which it takes responsibility for the ship concerned.

3. Companies shall include in the emissions report the following information:

(a) data identifying the ship and the company, including:

(i)

name of the ship,

(ii)

IMO identification number,

(iii)

port of registry or home port,

(iv)

ice class of the ship, if included in the monitoring plan,

(v)

technical efficiency of the ship (the Energy Efficiency Design Index (EEDI) or the Estimated Index Value (EIV) in accordance with IMO Resolution MEPC.215 (63), where applicable),

(vi)

name of the shipowner,

(vii)

address of the shipowner and its principal place of business,

(viii)

name of the company (if not the shipowner),

(ix)

address of the company (if not the shipowner) and its principal place of business,

(x)

address, telephone and e-mail details of a contact person;

(b) the identity of the verifier that assessed the emissions report;

(c) information on the monitoring method used and the related level of uncertainty;

(d) the results from annual monitoring of the parameters in accordance with Article 10.

Textual Amendments

F12 Words in Art. 11(1) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(9); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Format of the emissions report

1. The emissions report shall be submitted using automated systems and data exchange formats, including electronic templates.

[F13 2. The technical rules establishing the data exchange formats, including the electronic templates, shall be in the form specified by regulations made by the Secretary of State.]

Textual Amendments

F13 Art. 12(2) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(10); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. VERIFICATION AND ACCREDITATION

Article 13 U.K. Scope of verification activities and verification report

1. The verifier shall assess the conformity of the monitoring plan with the requirements laid down in Articles 6 and 7. Where the verifier's assessment identifies non-conformities with those requirements, the company concerned shall revise its monitoring plan accordingly and submit the revised plan for a final assessment by the verifier before the reporting period starts. The company shall agree with the verifier on the timeframe necessary to introduce those revisions. That timeframe shall in any event not extend beyond the beginning of the reporting period.

2. The verifier shall assess the conformity of the emissions report with the requirements laid down in Articles 8 to 12 and Annexes I and II.

In particular the verifier shall assess whether the CO₂ emissions and other relevant information included in the emissions report have been determined in accordance with Articles 8, 9 and 10 and the monitoring plan.

3. Where the verification assessment concludes, with reasonable assurance from the verifier, that the emissions report is free from material misstatements, the verifier shall issue a verification report stating that the emissions report has been verified as satisfactory. The verification report shall specify all issues relevant to the work carried out by the verifier.

4. Where the verification assessment concludes that the emissions report includes misstatements or non-conformities with the requirements of this Regulation, the verifier shall inform the company thereof in a timely manner. The company shall then correct the misstatements or non-conformities so as to enable the verification process to be completed in time and shall submit to the verifier the revised emissions report and any other information that was necessary to correct the non-conformities identified. In its verification report, the verifier shall state whether the misstatements or non-conformities identified during the verification assessment have been corrected by the company. Where the communicated misstatements or non-conformities have not been corrected and, individually or combined, lead to material misstatements, the verifier shall issue a verification report stating that the emissions report does not comply with this Regulation.

Article 14 U.K. General obligations and principles for the verifiers

1. The verifier shall be independent from the company or from the operator of a ship and shall carry out the activities required under this Regulation in the public interest. For that purpose, neither the verifier nor any part of the same legal entity shall be a company or ship operator, the owner of a company, or be owned by them, nor shall the verifier have relations with the company that could affect its independence and impartiality.

2. When considering the verification of the emissions report and of the monitoring procedures applied by the company, the verifier shall assess the reliability, credibility and accuracy of the monitoring systems and of the reported data and information relating to CO₂ emissions, in particular:

(a) the attribution of fuel consumption to voyages;

(b) the reported fuel consumption data and related measurements and calculations;

(c) the choice and the employment of emission factors;

(d) the calculations leading to the determination of the overall CO₂ emissions;

(e) the calculations leading to the determination of the energy efficiency.

3. The verifier shall only consider emissions reports submitted in accordance with Article 12 if reliable and credible data and information enable the CO₂ emissions to be determined with a reasonable degree of certainty and provided that the following are ensured:

(a) the reported data are coherent in relation to estimated data that are based on ship tracking data and characteristics such as the installed engine power;

(b) the reported data are free of inconsistencies, in particular when comparing the total volume of fuel purchased annually by each ship and the aggregate fuel consumption during voyages;

(c) the collection of the data has been carried out in accordance with the applicable rules; and

(d) the relevant records of the ship are complete and consistent.

Article 15 U.K. Verification procedures

1. The verifier shall identify potential risks related to the monitoring and reporting process by comparing reported CO₂ emissions with estimated data based on ship tracking data and characteristics such as the installed engine power. Where significant deviations are found, the verifier shall carry out further analyses.

2. The verifier shall identify potential risks related to the different calculation steps by reviewing all data sources and methodologies used.

3. The verifier shall take into consideration any effective risk control methods applied by the company to reduce levels of uncertainty associated with the accuracy specific to the monitoring methods used.

4. The company shall provide the verifier with any additional information that enables it to carry out the verification procedures. The verifier may conduct spot-checks during the verification process to determine the reliability of reported data and information.

5. The [F14 Secretary of State may make regulations] to further specify the rules for the verification activities referred to in this Regulation. [F15 The Secretary of State] shall take into account the elements set out in Part A of Annex III. The rules specified in those delegated acts shall be based on the principles for verification provided for in Article 14 and on relevant internationally accepted standards.

Textual Amendments

F14 Words in Art. 15(5) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 15(5) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Accreditation of verifiers

1. Verifiers that assess the monitoring plans and the emissions reports, and issue verification reports and documents of compliance referred to in this Regulation shall be accredited for activities under the scope of this Regulation by a national accreditation body pursuant to Regulation (EC) No 765/2008.

2. Where no specific provisions concerning the accreditation of verifiers are laid down in this Regulation, the relevant provisions of Regulation (EC) No 765/2008 shall apply.

3. The [F16 Secretary of State may make regulations] to further specify the methods of accreditation of verifiers. [F17 The Secretary of State] shall take into account the elements set out in Part B of Annex III. The methods specified F18 ... shall be based on the principles for verification provided for in Article 14 and on relevant internationally accepted standards.

Textual Amendments

F16 Words in Art. 16(3) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 16(3) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 16(3) omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(12)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER IV U.K. COMPLIANCE AND PUBLICATION OF INFORMATION

Article 17 U.K. Document of compliance

1. Where the emissions report fulfils the requirements set out in Articles 11 to 15 and those in Annexes I and II, the verifier shall issue, on the basis of the verification report, a document of compliance for the ship concerned.

2. The document of compliance shall include the following information:

(a) identity of the ship (name, IMO identification number and port of registry or home port);

(b) name, address and principal place of business of the shipowner;

(c) identity of the verifier;

(d) date of issue of the document of compliance, its period of validity and the reporting period it refers to.

3. Documents of compliance shall be valid for the period of 18 months after the end of the reporting period.

4. The verifier shall inform the [F19 Secretary of State] and the authority of the flag State, without delay, of the issuance of any document of compliance. The verifier shall transmit the information referred to in paragraph 2 using automated systems and data exchange formats, including electronic templates.

5. The [F20 Secretary of State may make regulations specifying], technical rules for the data exchange formats, including the electronic templates. F21 ...

Textual Amendments

F19 Words in Art. 17(4) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(13)(a); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 17(5) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(13)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 17(5) omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(13)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Article 18 U.K. Obligation to carry a valid document of compliance on board

By 30 June of the year following the end of a reporting period, ships arriving at, within or departing from a port [F22 in the United Kingdom], and which have carried out voyages during that reporting period, shall carry on board a valid document of compliance.

Textual Amendments

F22 Words in Art. 18 substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(14); 2020 c. 1, Sch. 5 para. 1(1)

F23 Article 19 U.K. Compliance with monitoring and reporting requirements and inspections

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 Art. 19 omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(15); 2020 c. 1, Sch. 5 para. 1(1)

F24 Article 20 U.K. Penalties, information exchange and expulsion order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Art. 20 omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(16); 2020 c. 1, Sch. 5 para. 1(1)

Article 21 U.K. Publication of information F25 ...

1. By 30 June each year, the [F26 Secretary of State] shall make publicly available the information on CO₂ emissions reported in accordance with Article 11 as well as the information set out in paragraph 2 of this Article.

2. The [F27 Secretary of State] shall include the following in the information to be made publicly available:

(a) the identity of the ship (name, IMO identification number and port of registry or home port);

(b) the technical efficiency of the ship (EEDI or EIV, where applicable);

(c) the annual CO₂ emissions;

(d) the annual total fuel consumption for voyages;

(e) the annual average fuel consumption and CO₂ emissions per distance travelled of voyages;

(f) the annual average fuel consumption and CO₂ emissions per distance travelled and cargo carried on voyages;

(g) the annual total time spent at sea in voyages;

(h) the method applied for monitoring;

(i) the date of issue and the expiry date of the document of compliance;

(j) the identity of the verifier that assessed the emissions report;

(k) any other information monitored and reported on a voluntary basis in accordance with Article 10.

3. Where, due to specific circumstances, disclosure of a category of aggregated data under paragraph 2, which does not relate to CO₂ emissions, would exceptionally undermine the protection of commercial interests deserving protection as a legitimate economic interest overriding the public interest in disclosure pursuant to Regulation (EC) No 1367/2006 of the European Parliament and of the Council(1), a different level of aggregation of that specific data shall be applied, at the request of the company, so as to protect such interests. Where application of a different level of aggregation is not possible, the [F28 Secretary of State] shall not make those data publicly available.

4. The [F29 Secretary of State] shall publish an annual report on CO₂ emissions and other relevant information from maritime transport, including aggregated and explained results, with the aim of informing the public and allowing for an assessment of the CO₂ emissions and the energy efficiency of maritime transport per size, type of ships, activity, or any other category deemed relevant.

F30 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in Art. 21 heading omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(17)(a); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 21(1) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 21(2) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 21(3) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 21(4) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(17)(b); 2020 c. 1, Sch. 5 para. 1(1)

F30 Art. 21(5)(6) omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(17)(c); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER V U.K. INTERNATIONAL COOPERATION

Article 22 U.K. International cooperation

1. The [F31 Secretary of State] shall inform the IMO and other relevant international bodies on a regular basis of the implementation of this Regulation F32 ....

2. The [F33 Secretary of State] shall maintain technical exchange with third countries, in particular the further development of monitoring methods, the organisation of reporting and the verification of emissions reports.

3. In the event that an international agreement on a global monitoring, reporting and verification system for greenhouse gas emissions or on global measures to reduce greenhouse gas emissions from maritime transport is reached, the [F34 Secretary of State] shall review this Regulation F35 ....

Textual Amendments

F31 Words in Art. 22(1) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(18)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 22(1) omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(18)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 22(2) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(18)(b); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 22(3) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(18)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 22(3) omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(18)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER VI U.K. DELEGATED AND IMPLEMENTING POWERS AND FINAL PROVISIONS

Article 23 U.K. [F36 Regulations]

[F37 1.  Any power of the Secretary of State to make regulations shall be exercisable by statutory instrument.]

[F38 2.  Any statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

F39 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Art. 23 title substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(19)(a); 2020 c. 1, Sch. 5 para. 1(1)

F37 Art. 23(1) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(19)(b); 2020 c. 1, Sch. 5 para. 1(1)

F38 Art. 23(2) substituted (31.12.2020) by The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(19)(c); 2020 c. 1, Sch. 5 para. 1(1)

F39 Art. 23(3)-(5) omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(19)(d); 2020 c. 1, Sch. 5 para. 1(1)

F40 Article 24 U.K. Committee procedure

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40 Art. 24 omitted (31.12.2020) by virtue of The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1388), regs. 1, 3(20); 2020 c. 1, Sch. 5 para. 1(1)

Article 25 U.K. Amendments to Directive 2009/16/EC

The following point shall be added to the list set out in Annex IV to Directive 2009/16/EC:

‘50. Document of Compliance issued under Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC(2).’

Article 26 U.K. Entry into force

This Regulation shall enter into force on 1 July 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.