The French Presidency of the EU Council finalised, on Friday 22 April, the last version of its compromise text on the use of renewable and low-carbon fuels in maritime transport (‘FuelEU Maritime’) (see EUROPE 12935/12).
In addition to minor semantic changes in the areas of scope and definitions, the text also extends to 5 years - from 3 years in the previous version - the period during which shipping companies would be required to record, compile and retain their emissions monitoring data and documentation.
In addition, the compromise document also extends the possibility for all competent authorities, not only the Member State of the port of call or the State responsible, having identified a compliance concern in the activities of a verifier, to inform the competent authority concerned.
The French Presidency of the EU Council has also rewritten part of Article 20 on corrective penalties. While there were few changes in substance, the methodology and dates were partly clarified.
In detail, the text provides that Member States shall ensure that any vessel under their administration with a compliance deficit on 1 June of the reference year shall pay a corrective fine by 30 June of the reference year. In the case of a repeat offence, the fine would be multiplied according to a formula taking into account the number of consecutive periods of non-compliance.
Member States should also ensure that for any ship under their administration making at least one non-compliant call, after possible validation by the competent authority, the company pays, by 30 June of the reference year at the latest, a corrective fine equal to the amount of €1,5 multiplied by the total established power demand of the ship at berth and by the total number of hours spent at berth.
See the compromise document: https://aeur.eu/f/1d3 (Original version in French by Thomas Mangin)