Common principles for monitoring and reporting
1. In accordance with Articles 8, 9 and 10, companies shall, for each of their ships, monitor and report on the relevant data during a reporting period. They shall carry out that monitoring and reporting within all ports under the jurisdiction of a Member State and for any voyages referred to in Article 2(1).
2. Monitoring and reporting shall be complete and cover the energy used on board by ships at any time, whether at sea or at berth. Companies shall apply appropriate measures to prevent any data gaps within the reporting period.
3. Monitoring and reporting shall be consistent and comparable over time. To that end, companies shall use the same monitoring methodologies and data sets subject to modifications assessed by the verifier. Companies shall enable reasonable assurance of the integrity of the data to be monitored and reported.
4. Companies shall obtain, analyse and store, for at least five years, all monitoring data and documentation, including assumptions, references, emission factors, fuel bunker delivery notes as complemented in accordance with Annex I and activity data, and any other information needed to verify compliance with this Regulation, in a transparent and accurate manner, in paper or electronic form, so that the verifier is able to determine the GHG intensity of the energy used on board by ships.
5. In undertaking the monitoring and reporting activities set out in Articles 8, 9, 10 and 15 of this Regulation, information and data collected for the purposes of Regulation (EU) 2015/757 shall be used where appropriate.
Monitoring plan
1. By 31 August 2024, companies shall submit to the verifiers a monitoring plan for each of their ships indicating the method chosen from among methods set out in Annex I for monitoring and reporting the amount, type and emission factor of energy used on board by ships and other relevant information.
2. For ships falling under the scope of this Regulation for the first time after 31 August 2024, companies shall submit a monitoring plan to the verifier without undue delay and no later than two months after each ship’s first call at a port under the jurisdiction of a Member State.
3. The monitoring plan shall consist of a complete and transparent documentation and shall contain at least the following elements:
(a)
the identification and type of the ship, including its name, its International Maritime Organization (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 e-mail details of a contact person;
(c)
a description of the energy conversion systems installed on board, and the related power capacity expressed in megawatt (MW);
(d)
for ships referred to in Article 6(4), point (b), a description of the standards and characteristics of the equipment to allow connection to OPS, or a zero-emission technology;
(e)
the value of the established total electrical power demand of the ship at berth, as provided in its electrical load balance or electrical load study used to demonstrate compliance with Regulations 40 and 41 of Chapter II-1 of the International Convention for the Safety of Life at Sea (SOLAS), as approved by its flag administration or a recognised organisation as defined in the IMO Code for Recognized Organizations adopted by resolutions MEPC.237(65) and MSC.349(92). If a ship is not able to provide that reference, the value considered is 25 % of the total of the maximum continuous ratings of the main engines of the ship as specified in their EIAPP certificate delivered in application of the International Convention for the Prevention of Pollution from Ships (MARPOL) or, if the engines are not required to have an EIAPP certificate, on the nameplate of the engines;
(f)
a description of the intended sources of energy to be used on board while in navigation and at berth to comply with the requirements set out in Articles 4 and 6;
(g)
a description of the procedures for monitoring the fuel consumption of the ship as well as the energy provided by substitute sources of energy or a zero-emission technology;
(h)
a description of the procedures for monitoring and reporting the well-to-tank and tank-to-wake emission factors of energy to be used on board, in accordance with the methods specified in Article 10 and Annexes I and II;
(i)
a description of the procedures used to monitor the completeness of the list of voyages;
(j)
a description of the procedures used for determining activity data per voyage, including the procedures, responsibilities, formulas and data sources for determining and recording the time spent at sea between the port of departure and the port of arrival and the time spent at berth;
(k)
a description of the procedures, systems and responsibilities used to update any of the data contained in the monitoring plan over the reporting period;
(l)
a description of the method to be used to determine surrogate data that can be used for closing data gaps or for identifying and correcting data errors;
(m)
a revision record sheet to record all details of the revision history;
(n)
where the company requests to exclude the additional energy used due to the ship’s ice class from the calculation of the compliance balance set out in Annex IV, information on the ice class of the ship;
(o)
where the company requests to exclude the additional energy used due to sailing in ice conditions from the calculation of the compliance balance set out in Annex IV, information on the ice class of the ship and a description of a verifiable procedure for monitoring the distance travelled for the whole voyage as well as the distance travelled when sailing in ice conditions, the date, time and position when entering and leaving the ice conditions and the fuel consumption when sailing in ice conditions;
(p)
for a ship equipped with wind-assisted propulsion, a description of the installed wind propulsion equipment on board and the values of P Wind and P Prop as defined in Annex I.
4. Companies shall use standardised monitoring plans based on templates. The Commission shall adopt implementing acts determining those templates, including the technical rules for their uniform application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(3).
Modifications to the monitoring plan
1. Companies shall check regularly, and at least annually, whether a ship’s monitoring plan reflects the nature and functioning of the ship and whether any of the data it contains can be improved, corrected or updated.
2. Companies shall modify the monitoring plan without undue delay where any of the following situations occurs:
(a)
a change of company;
(b)
new energy conversion systems, new types of energy, new systems for connection to OPS, or new substitute sources of energy or new zero-emission technologies enter into use;
(c)
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 data collected;
(d)
companies, verifiers or competent authorities have found that data resulting from the monitoring method applied are incorrect;
(e)
verifiers have identified any part of the monitoring plan as not being in conformity with the requirements of this Regulation and the company is required by the verifier to revise it in accordance with Article 11(1);
(f)
companies, verifiers or competent authorities have found that the methods to prevent data gaps and identify data errors are inadequate to ensure data accuracy, completeness and transparency.
3. Companies shall notify to the verifiers without undue delay any proposals for modification of the monitoring plan.
Certification of fuels and emission factors
1. Where biofuels, biogas, RFNBO and recycled carbon fuels, as defined in Directive (EU) 2018/2001, are to be taken into account for the purposes referred to in Article 4(1) of this Regulation, the following rules apply:
(a)
biofuels and biogas that do not comply with the sustainability and GHG emissions saving criteria set out in Article 29 of Directive (EU) 2018/2001 or that are produced from food and feed crops shall be considered to have the same emission factors as the least favourable fossil fuel pathway for that type of fuel;
(b)
RFNBO and recycled carbon fuels that do not comply with the GHG emissions savings threshold set out in Article 25(2) of Directive (EU) 2018/2001 shall be considered to have the same emission factors as the least favourable fossil fuel pathway for that type of fuel.
2. Fuels not covered in paragraph 1 shall be considered to have the same emission factors as the least favourable fossil fuel pathway for the type of fuel in question, unless they have been certified in accordance with Union legal acts concerning the internal markets in renewable and natural gases and in hydrogen, establishing a GHG emissions savings threshold and an associated methodology to calculate GHG emissions from production of such fuels.
3. On the basis of the fuel bunker delivery notes complemented in accordance with Annex I to this Regulation, companies shall provide accurate, complete and reliable data on the GHG emission intensity and the sustainability characteristics of fuels to be taken into account for the purposes referred to in Article 4(1) of this Regulation that have been certified under a scheme that is recognised by the Commission in accordance with Article 30(5) and (6) of Directive (EU) 2018/2001 or, where applicable, the relevant provisions of Union legal acts concerning the internal markets in renewable and natural gases and in hydrogen.
4. Companies shall not diverge from the default values for the well-to-tank emission factors set out in Annex II to this Regulation for fossil fuels. Without prejudice to paragraph 1, companies shall be entitled to diverge from the default values for the well-to-tank emission factors set out in Annex II to this Regulation provided that actual values are certified under a scheme that is recognised by the Commission. That certification shall be done, for biofuels, biogas, RFNBO and recycled carbon fuels, in accordance with Article 30(5) and (6) of Directive (EU) 2018/2001 or, where applicable, in accordance with the relevant provisions of Union legal acts concerning the internal markets in renewable and natural gases and in hydrogen.
5. Companies shall be entitled to diverge from the default values for the tank-to-wake emission factors set out in Annex II, with the exception of tank-to-wake CO 2 emission factors for fossil fuels, provided that actual values are certified by means of laboratory testing or direct emissions measurements.
6. The Commission shall adopt implementing acts in order to specify which international standards and certification references are accepted for demonstration of actual tank-to-wake emission factors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(3).
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.