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 (Text with EEA relevance)

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation lays down rules for the accurate monitoring, reporting and verification of greenhouse gas 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 greenhouse gas emissions from maritime transport in a cost effective manner.

Article 2

Scope

The greenhouse gases covered by this Regulation are:

(a) carbon dioxide (CO2);

(b) with regard to emissions released from 2024 onwards, methane (CH4); and

(c) with regard to emissions released from 2024 onwards, nitrous oxide (N2O).

Where this Regulation refers to total aggregated emissions of greenhouse gases or total aggregated greenhouse gas emitted, it shall be understood as referring to the total aggregated amounts of each gas separately.

Article 3

Definitions

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

(a) ‘greenhouse gas emissions’ means the release of the greenhouse gases covered by this Regulation in accordance with Article 2(1c), first subparagraph, by ships;

(b) ‘port of call’ means a port of call as defined in Article 3, point (z), of Directive 2003/87/EC of the European Parliament and of the Council (¹);

(c) ‘voyage’ means any movement of a ship that originates from or terminates in a port of call;

(d) ‘company’ means the shipping company as defined in Article 3, point (w), of Directive 2003/87/EC;

(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  greenhouse gas 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 the period from 1 January until 31 December of any given year; for voyages starting and ending in two different years, the respective data shall be accounted under the year concerned;

(n) ‘ship at berth’ means a ship which is securely moored or anchored in a port falling under the jurisdiction of a Member State 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;

(p) ‘administering authority responsible’ means the administering authority in respect of a shipping company referred to in Article 3gf of Directive 2003/87/EC;

(q) ‘aggregated emissions data at company level’ means the sum of emissions of the greenhouse gases covered by Directive 2003/87/EC in relation to maritime transport activities in accordance with Annex I to that Directive and to be reported by a company under that Directive, in respect of all ships under its responsibility during the reporting period.

CHAPTER II

MONITORING AND REPORTING

SECTION 1

Principles and methods for monitoring and reporting

Article 4

Common principles for monitoring and reporting

Article 5

Methods for monitoring  greenhouse gas emissions and other relevant information

By 1 October 2023, the Commission shall adopt the delegated acts to take into account the inclusion of CH4 and N2O emissions, as well as the inclusion of greenhouse gas emissions from offshore ships, within the scope of this Regulation, as referred to in the first subparagraph of this paragraph. The methods for monitoring CH4 and N2O emissions shall be based on the same principles as the methods for monitoring CO2 emissions as set out in Annex I to this Regulation, with any adjustments necessary to reflect the nature of the relevant greenhouse gas. The methods set out in Annex I to this Regulation and the rules set out in Annex II to this Regulation shall, where appropriate, be aligned with the methods and rules set out in a Regulation of the European Parliament and of the Council on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC.

SECTION 2

Monitoring plan

Article 6

Content and submission of the monitoring plan

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 email details of a contact person and the IMO unique company and registered owner identification number;

(c) a description of the following  greenhouse gas 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  greenhouse gas 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  greenhouse gas 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.

By 1 October 2023, the Commission shall adopt delegated acts in accordance with Article 23 to amend Articles 6 to 10 as regards the rules contained in those Articles for monitoring plans, to take into account the inclusion of CH4 and N2O emissions, as well as the inclusion of greenhouse gas emissions from offshore ships, within the scope of this Regulation.

The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Regulation concerning rules for the approval of monitoring plans by the administering authorities responsible.

Article 7

Modifications of the monitoring plan

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

(a) where a change of company occurs;

(b) where new  greenhouse gas 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  greenhouse gas 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).

The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Regulation concerning rules for the approval of changes in the monitoring plans by the administering authorities responsible.

SECTION 3

Monitoring of  greenhouse gas emissions and other relevant information

Article 8

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  greenhouse gas emissions for each ship on a per-voyage and an annual basis by applying the appropriate method for determining  greenhouse gas emissions among those set out in Part B of Annex I and by calculating  greenhouse gas emissions in accordance with Part A of Annex I.

Article 9

Monitoring on a per-voyage basis

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 under a Member State's jurisdiction, 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) greenhouse gas 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.

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 under the jurisdiction of a Member State; and

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

Article 10

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  greenhouse gas emitted within the scope of this Regulation;

(c) aggregated greenhouse gas emissions from all voyages between ports under a Member State's jurisdiction;

(d) aggregated greenhouse gas emissions from all voyages which departed from ports under a Member State's jurisdiction;

(e) aggregated greenhouse gas emissions from all voyages to ports under a Member State's jurisdiction;

(f) greenhouse gas emissions which occurred within ports under a Member State's jurisdiction at berth;

(g) total distance travelled;

(h) total time spent at sea;

(i) total transport work;

(j) average energy efficiency;

(k) total aggregated emissions of greenhouse gases covered by Directive 2003/87/EC in relation to maritime transport activities in accordance with Annex I to that Directive and to be reported under that Directive, together with the necessary information to justify the application of any relevant derogation from Article 12(3) of that Directive provided for in Article 12(3-e) to (3-b) thereof.

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  greenhouse gas emitted, differentiating on the basis of other criteria defined in the monitoring plan.

SECTION 4

Reporting

Article 11

Content of the emissions report

From 2025, by 31 March of each year, companies shall, for each ship under their responsibility, submit to the administering authority responsible, to the authorities of the flag States concerned for ships flying the flag of a Member State and to the Commission an emissions report for the entire reporting period of the previous year, which has been verified as satisfactory by a verifier in accordance with Article 13. The administering authority responsible may require companies to submit their emissions reports by a date earlier than 31 March, but not earlier than by 28 February.

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.

Article 11a

Reporting and submission of the aggregated emissions data at company level

Article 12

Format of the emissions report and reporting of aggregated emissions data at company level

CHAPTER III

VERIFICATION AND ACCREDITATION

Article 13

Scope of verification activities and verification report

Where the verifier concludes, with reasonable assurance, that the aggregated emissions data at company level are free from material misstatements, the verifier shall issue a verification report stating that the aggregated emissions data at company level have been verified as satisfactory in accordance with the rules laid down in the delegated acts adopted pursuant to paragraph 6.

Article 14

General obligations and principles for the verifiers

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  greenhouse gas 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 greenhouse gas emissions and of the total aggregated emissions of greenhouse gases covered by Directive 2003/87/EC in relation to maritime transport activities in accordance with Annex I to that Directive and to be reported under that Directive;

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

The verifier shall only consider emissions reports submitted in accordance with Article 12 if reliable and credible data and information enable the  greenhouse gas 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

Verification procedures

Article 16

Accreditation of verifiers

CHAPTER IV

COMPLIANCE AND PUBLICATION OF INFORMATION

Article 17

Document of compliance

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.

Article 18

Obligation to carry a valid document of compliance on board