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

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 [F1 in the United Kingdom] and for any voyages to or from a port [F1 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

F1 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 [F2 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 F3 ... [F4 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

F2 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)

F3 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)

F4 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 [F5 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 [F6 in the form specified in regulations made by the Secretary of State.]

Textual Amendments

F5 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)

F6 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 [F7 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 [F8 in the United Kingdom]; and

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

Textual Amendments

F7 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)

F8 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 [F9 in the United Kingdom];

(d)

aggregated CO₂ emissions from all voyages which departed from ports [F9 in the United Kingdom];

(e)

aggregated CO₂ emissions from all voyages to ports [F9 in the United Kingdom];

(f)

CO₂ emissions which occurred within ports [F9 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

F9 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 [F10 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

F10 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.

[F11 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

F11 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)