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Lloyd's Maritime and Commercial Law Quarterly

EUROPEAN UNION MARITIME LAW

Simon Baughen*

LEGISLATION

243. Proposed amendment of Regulation (EU) 2015/757 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport (the “EU MRV Regulation”) COM (2019) 38 final 2019/0017 (COD).

On 4 February 2019, the European Commission (EC) proposed amendment of the EU MRV Regulation so as to take account of the new Global Data Collection System (“IMO DCS”) for fuel oil consumption of ships that was introduced by the International Maritime Organisation (IMO) in March 2018. The amendments proposed are:
  • 1. Various definitions used in the EU MRV Regulation regarding “company”, “reporting period” and “changes of company” will be aligned with those of IMO DCS.
  • 2. “Calendar year” under IMO DCS which means that the period from 1 January until 31 December inclusive will now be the same as “Reporting period” under the EU MRV.
  • 3. “Company” under both systems is to mean the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed responsibility for operation of the ship from the owner of the ship and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, as amended.
  • 4. Reporting of “deadweight tonnage of the ship” is to be clearly defined and set as a mandatory parameter, while reporting of “cargo carried” will be optional under both systems, thus removing the existing obligation under EU MRV to report weight of cargo and/or number of passengers carried.
  • 5. The EU MRV’s current parameter "time at sea" will be replaced by the global IMO DCS definition of “hours underway".
  • 6. Calculation of “distance travelled” will use the IMO DCS guidelines as the basis.
  • 7. The minimum content of the EU MRV Regulation monitoring plan is also to be streamlined, so as to take into consideration the IMO “Guidelines for the Development of the Ship Energy Efficiency Management Plan” except for those provisions which are necessary to ensure that EU only related data are monitored and reported under the EU MRV Regulation.

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