EU ETS: New clarifications on the allocation of shipping companies to the administering authorities
On 31 January 2024 the EU Commission published their anticipated list showing which shipping companies shall be associated with the different administering authorities of the member states under the EU ETS.
As this list decides which administering authority each of the shipping companies must deliver their emission allowances to, the clarification is highly practical. All shipping companies are now obligated to open a maritime operator holding account ("MOHA") used to deliver and trade emission allowances within 40 days, counting from the publishing date of the list. For shipping companies not included in the list, the deadline is 65 working days of the first port of call falling within the scope of the EU ETS Directive.
How to comply
The list is available at the official webpages of the EU and will be updated every two years based on the information available in THETIS-MRV and in accordance with the rules spelled out in the EU ETS Directive.
Since it is only "the shipping company" that may open a MOHA, the comprised parties should act accordingly and make sure that they start this new EU ETS-phase in compliance with the framework.
As we have previously advised, the starting point is that the registered owner is considered to be "the shipping company". Only if this responsibility has been transferred to another ISM-responsible in accordance with the EU ETS Directive and the detailed rules in Implementing Regulation 2023/2599, this other party may open a MOHA.
Additional details about the 'shipping company' as the responsible entity and the transfer of their obligations can be found in our previous article Clarification on responsible entity under EU ETS (the "shipping company").
Even though there are limitations on which entities that can open a MOHA, it should be noted that shipping companies must nominate at least two "authorised representatives" when opening the account. In this respect, an external 'service provider' could potentially be nominated and thereby also act on behalf of the shipping company.
Should you have any questions or wish to discuss how to comply with the newest regulations, Wikborg Rein remains at the forefront of tracking the latest developments and are readily available to assist.