Document of compliance
1. Where the emissions report fulfils the requirements set out in Articles 11 to 15 and those in Annexes I and II, the verifier shall issue, on the basis of the verification report, a document of compliance for the ship concerned.
2. 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.
3. Documents of compliance shall be valid for the period of 18 months after the end of the reporting period.
4. The verifier shall inform the Commission and the authority of the flag State, without delay, of the issuance of any document of compliance. The verifier shall transmit the information referred to in paragraph 2 using automated systems and data exchange formats, including electronic templates.
5. The Commission shall determine, by means of implementing acts, technical rules for the data exchange formats, including the electronic templates. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).
Obligation to carry a valid document of compliance on board
By 30 June of the year following the end of a reporting period, ships arriving at, within or departing from a port under the jurisdiction of a Member State, and which have carried out voyages during that reporting period, shall carry on board a valid document of compliance.
Compliance with monitoring and reporting requirements and inspections
1. Based on the information published in accordance with Article 21(1), each Member State shall take all the measures necessary to ensure compliance with the monitoring and reporting requirements set out in Articles 8 to 12 by ships flying its flag. Member States shall regard the fact that a document of compliance has been issued for the ship concerned, in accordance with Article 17(4), as evidence of such compliance.
2. Each Member State shall ensure that any inspection of a ship in a port under its jurisdiction carried out in accordance with Directive 2009/16/EC includes checking that a valid document of compliance is carried on board.
3. For each ship in respect of which the information referred to in points (i) and (j) of Article 21(2), is not available at the time when it enters a port under the jurisdiction of a Member State, the Member State concerned may check that a valid document of compliance is carried on board.
Penalties, information exchange and expulsion order
1. Member States shall set up a system of penalties for failure to comply with the monitoring and reporting obligations set out in Articles 8 to 12 and shall take all the measures necessary to ensure that those penalties are imposed. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 1 July 2017, and shall notify to the Commission without delay any subsequent amendments.
2. Member States shall establish an effective exchange of information and effective cooperation between their national authorities responsible for ensuring compliance with monitoring and reporting obligations or, where applicable, their authorities entrusted with penalty procedures. National penalty procedures against a specified ship by any Member State shall be notified to the Commission, the European Maritime Safety Agency (EMSA), to the other Member States and to the flag State concerned.
3. In the case of ships that have failed to comply with the monitoring and reporting requirements for two or more consecutive reporting periods and where other enforcement measures have failed to ensure compliance, the competent authority of the Member State of the port of entry may issue an expulsion order which shall be notified to the Commission, EMSA, the other Member States and the flag State concerned. As a result of the issuing of such an expulsion order, every Member State shall refuse entry of the ship concerned into any of its ports until the company fulfils its monitoring and reporting obligations in accordance with Articles 11 and 18. The fulfilment of those obligations shall be confirmed by the notification of a valid document of compliance to the competent national authority which issued the expulsion order. This paragraph shall be without prejudice to international maritime rules applicable in the case of ships in distress.
4. The shipowner or operator of a ship or its representative in the Member States shall have the right to an effective remedy before a court or tribunal against an expulsion order and shall be properly informed thereof by the competent authority of the Member State of the port of entry. Member States shall establish and maintain appropriate procedures for this purpose.
5. Any Member State without maritime ports in its territory and which has closed its national ship register or has no ships flying its flag that fall within the scope of this Regulation, and as long as no such ships are flying its flag, may derogate from the provisions of this Article. Any Member State that intends to avail itself of that derogation shall notify the Commission at the latest on 1 July 2015. Any subsequent change shall also be communicated to the Commission.
Publication of information and Commission report
1. By 30 June each year, the Commission shall make publicly available the information on CO 2 emissions reported in accordance with Article 11 as well as the information set out in paragraph 2 of this Article.
2. The Commission shall include the following in the information to be made publicly available:
(a)
the identity of the ship (name, IMO identification number and port of registry or home port);
(b)
the technical efficiency of the ship (EEDI or EIV, where applicable);
(c)
the annual CO 2 emissions;
(d)
the annual total fuel consumption for voyages;
(e)
the annual average fuel consumption and CO 2 emissions per distance travelled of voyages;
(f)
the annual average fuel consumption and CO 2 emissions per distance travelled and cargo carried on voyages;
(g)
the annual total time spent at sea in voyages;
(h)
the method applied for monitoring;
(i)
the date of issue and the expiry date of the document of compliance;
(j)
the identity of the verifier that assessed the emissions report;
(k)
any other information monitored and reported on a voluntary basis in accordance with Article 10.
3. Where, due to specific circumstances, disclosure of a category of aggregated data under paragraph 2, which does not relate to CO 2 emissions, would exceptionally undermine the protection of commercial interests deserving protection as a legitimate economic interest overriding the public interest in disclosure pursuant to Regulation (EC) No 1367/2006 of the European Parliament and of the Council ( 13 ) , a different level of aggregation of that specific data shall be applied, at the request of the company, so as to protect such interests. Where application of a different level of aggregation is not possible, the Commission shall not make those data publicly available.
4. The Commission shall publish an annual report on CO 2 emissions and other relevant information from maritime transport, including aggregated and explained results, with the aim of informing the public and allowing for an assessment of the CO 2 emissions and the energy efficiency of maritime transport per size, type of ships, activity, or any other category deemed relevant.
5. The Commission shall assess every two years the maritime transport sector's overall impact on the global climate including through non-CO 2 -related emissions or effects.
6. Within the framework of its mandate, EMSA shall assist the Commission in its work to comply with this Article and Articles 12 and 17 of this Regulation, in accordance with Regulation (EC) No 1406/2002 of the European Parliament and of the Council ( 14 ) .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
