In view of the inclusion of the sector from next January 1
in the Allowance Trading System
European Union (EU ETS), the European Commission has
adopted Implementing Regulation No. 2599 of 2023 on
Detailed rules for the application of Directive No 87 of 2003
establishes the EU ETS as regards the management of
shipping companies by the
to a shipping company, where
reference authority means the Member State
responsible for the management of a shipping company.
Article 1 of the Regulation provides that "if
the organisation or person, such as the manager or charterer to
bare hull, which took over the responsibility for the operation of the
of the vessel by the shipowner and that, in so doing, it agreed to
assume all the tasks and responsibilities imposed by the
International Code of Management for Ship Safety and Security.
prevention of pollution referred to in Annex I to the Regulation
(EC) No 336/2006 of the European Parliament and of the Council
also assumed responsibility for complying with the measures
transposition of Directive 2003/87/EC and the obligation to
surrender of allowances in accordance with Articles 3g and 12 of
Directive ('the ETS obligations'), the
Member States shall ensure that such an organisation or person is
has been duly instructed by the shipowner to fulfil the obligations of the
of the ETS Directive". To this end, "the organisation or
provides to the reference authority in respect of
a shipping company, a document indicating with
which has been duly instructed by the shipowner to
fulfil the obligations of the ETS Directive".