Commission Implementing Regulation (EU) 2023/2599 of 22 November 2023 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards the administration of shipping companies by administering authorities in respect of a shipping company
1. Where the organisation or person, such as the manager or the bareboat charterer, that has assumed the responsibility for the operation of the ship from the shipowner and that, on assuming such responsibility, has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention, set out in Annex I to Regulation (EC) No 336/2006 has also assumed responsibility for the obligations to comply with the national measures transposing Directive 2003/87/EC and the obligation to surrender allowances under Article 3gb and 12 of that Directive (the ‘ETS obligations’), Member States shall ensure that this organisation or person has been duly mandated by the shipowner to comply with the ETS obligations.
2. For the purposes of paragraph 1, the organisation or person shall provide its administering authority in respect of a shipping company with a document clearly indicating that it has been duly mandated by the shipowner to comply with the ETS obligations.
The document shall be signed by both the shipowner and that organisation or person.
If that document is in a language other than an official language of the Member State or English, an English translation shall be provided.
If that document is a copy, this shall be certified as a true copy by a notary public or other similar person specified by the administering authority in respect of a shipping company. If the certified copy is issued outside the Member State of the administering authority in respect of a shipping company, the copy shall be legalised, except where otherwise provided for by national law.
3. The document referred to in paragraph 2 shall include the following information:
(a)
the name and the International Maritime Organization (IMO) unique company and registered owner identification number of the organisation or person mandated by the shipowner;
(b)
the country of registration of the organisation or person mandated by the shipowner, as recorded under the IMO Unique Company and Registered Owner Identification Number Scheme;
(c)
the name and the IMO unique company and registered owner identification number of the shipowner;
(d)
the following information for the shipowner’s contact person:
(i)
first name;
(ii)
last name;
(iii)
job title;
(iv)
business address;
(v)
business telephone number;
(vi)
business email address;
(e)
the date of application of the mandate from the shipowner to that organisation or person;
(f)
the IMO ship identification number of each ship falling within the scope of the mandate.
4. Where the organisation or person referred to in the first paragraph cannot provide its administering authority with the document referred to in paragraph 2, the shipowner shall be considered as the entity responsible for ETS obligations.
1. Where the entity that has assumed responsibility for ETS obligations is the shipowner, the administering authority in respect of a shipping company shall ensure that the shipowner provides it with a document that includes the list of the ships in respect of which the shipowner has assumed responsibility for ETS obligations and whose emissions fall within the scope of Directive 2003/87/EC, as well as their respective IMO ship identification number.
2. In the event of any change to the list referred to in paragraph 1, the shipowner shall inform its administering authority in respect of a shipping company without delay and shall provide it with an updated document, as well as with the name and IMO unique company and registered owner identification number of the new shipping company for each of the ships no longer under the shipowner’s responsibility.
1. For the purpose of attributing a shipping company to an administering authority in respect of a shipping company in accordance with Article 3gf of Directive 2003/87/EC, the country of registration of a shipping company as referred to in Article 3gf of that Directive shall be the country recorded in Thetis MRV, the dedicated Union information system that supports the implementation of Regulation (EU) 2015/757.
2. For the purpose of attributing a shipping company that is not registered in a Member State to an administering authority in respect of a shipping company in accordance with Article 3gf(1) of Directive 2003/87/EC, port call data shall be based on data stored in the Union maritime information and exchange system (SafeSeaNet) established by Directive 2002/59/EC.
Where the data registered in SafeSeaNet is insufficient for the purpose of attributing a shipping company that is not registered in a Member State to an administering authority in respect of a shipping company, the Commission may use complementary data, such as Automatic Identification System data, stored by other information systems.
Where the first voyage of a ship of a shipping company that is not registered in a Member State, as referred to in Article 3gf(1), point (c), of Directive 2003/87/EC, is a voyage that started from a port of call under the jurisdiction of a Member State and that ended at a port of call under the jurisdiction of another Member State, the administering authority in respect of that shipping company shall be the Member State where that voyage started.
In the case that a shipping company that is not registered in a Member State has its greatest number of port calls in two or more Member States, the administering authority in respect of a shipping company shall be the Member State where the shipping company had its first port call among the voyages that started or ended in those Member States with an equal number of port calls and that took place during the relevant reporting periods.
The date and hour of departure or arrival shall be calculated according to Greenwich Mean Time (GMT/UTC).
1. In the event of a change of administering authority in respect of a shipping company, the new administering authority in respect of a shipping company shall have access to all relevant information on that shipping company. This shall include access to the monitoring plan of each ship under the responsibility of the shipping company, to the previous emissions reports at ship level and reports at ship level to be submitted where there is a change of company of each ship under the responsibility of the shipping company, and to the aggregated emissions data at company level of previous monitoring periods.
2. The administering authority in respect of a shipping company responsible before the change referred to in paragraph 1 shall exercise due diligence to provide the new administering authority in respect of a shipping company, upon its request, with any other relevant documents or information relating to the shipping company concerned.
3. The administering authority in respect of a shipping company responsible before the change referred to in paragraph 1 shall have access to information concerning the period during which the shipping company was under its responsibility as appropriate, in particular for the purposes of handling the penalties procedures applicable to infringements of the national provisions adopted pursuant to Directive 2003/87/EC and the penalties referred to in Article 16(3) of that Directive.
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
