Commission Implementing Regulation (EU) 2026/394 of 23 February 2026 laying down rules for the application of Regulation (EU) 2023/1805 of the European Parliament and of the Council, as regards access rights and the functional and technical specifications of the FuelEU database

• CELEX: Implementing Regulation (EU) 2026/394
• Articles: 10

Article 1 Subject matter

This Regulation lays down the rules for access rights and the functional and technical specifications, including notification rules and filtering, of the FuelEU database. It builds upon existing IT systems in the European Maritime Safety Agency (EMSA), mainly THETIS-MRV.

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)

‘THETIS-MRV’ means the automated Union operation system run by EMSA pursuant to Regulation (EU) 2015/757;

(2)

‘Authentication’ means authentication as defined in Article 3, point (5), of Regulation (EU) No 910/2014 of the European Parliament and of the Council  ( 8 ) ;

(3)

‘System-to-system interface’ means an interface for exchanging information in an automated way using a set of predefined messages.

Article 3 Access rights and management actions

1.   Access rights and functionalities of the FuelEU database shall correspond to the respective responsibilities of the actors involved in the implementation of Regulation (EU) 2023/1805. THETIS-MRV shall have the types of users with the corresponding access rights:

(a)

Member States in the following configurations:

(1)

Administering State:

—

access restricted to information from ships of companies associated with that administering State, including the assessed FuelEU monitoring plan, the verified FuelEU report and partial FuelEU report, the verification report, the verified compliance balance and OPS exceptions and records of non-compliance pursuant to Regulation (EU) 2023/1805;

—

management of the FuelEU document of compliance pursuant to Article 17(5) of Regulation (EU) 2023/1805, the additional checks report pursuant to Article 17(3) of Regulation (EU) 2023/1805 and the FuelEU penalty-related features pursuant to Article 23(2) of Regulation (EU) 2023/1805.

(2)

Flag State:

—

Access restricted to information related to enforcement actions pursuant to Article 25(3) and Article 25(5) of Regulation (EU) 2023/1805.

(3)

Competent authority of the Member State of the port of call:

—

access restricted to the FuelEU document of compliance;

—

management of OPS exceptions and records of non-compliance pursuant to Article 6(9) of Regulation (EU) 2023/1805.

(4)

National accreditation body: access to information on the verifiers that have been accredited by that national accreditation body and ships associated with those verifiers. This information shall include the assessed FuelEU monitoring plan, the verified FuelEU report and partial FuelEU report, the FuelEU document of compliance, the verified compliance balance and the additional checks report.

(b)

Company:

—

access to all information on the ships under its responsibility and previous records, including the FuelEU document of compliance, the FuelEU report and partial FuelEU report, the verification report, the compliance balance, the additional checks report, OPS exceptions;

—

access to information related to the company’s own ships on the pooling of compliance arrangements pursuant to Article 21 of Regulation (EU) 2023/1805;

—

management of the ship and company data, and the monitoring plan pursuant to Articles 7 and 8 of Regulation (EU) 2023/1805 respectively.

(c)

Verifier:

—

access to all information on the ships under its responsibility, previous records and information on all ships in the compliance pool where the verifier is selected to verify the pool compliance;

—

management of the monitoring plan, FuelEU report and partial FuelEU report, verification report, FuelEU document of compliance, compliance balance, additional checks report, if authorised by the administering State to conduct such checks on its behalf, and OPS exceptions pursuant to Regulation (EU) 2023/1805.

(d)

European Commission:

—

access to the following assessed and verified information for the sole purpose to use the data in aggregate form for the future evaluation of the functioning of Regulation (EU) 2023/1805: the verified FuelEU reports and partial FuelEU reports, for the management reports referred to in Article 5(2) and 30(2) of Regulation (EU) 2023/1805, FuelEU documents of compliance, the verified compliance balance, the additional checks reports and OPS exceptions.

2.   Access rights referred to in paragraph 1 shall be restricted to read-only. Management functionalities referred to in paragraph 1 shall include creating and modifying data.

Article 4 Connection to on-shore power supply

The FuelEU database shall enable the competent authority of the Member State of the port of call or any duly authorised entity to record exceptions provided for in Article 6(5) of Regulation (EU) 2023/1805 (‘OPS exceptions’) and records of non-compliance with on-shore power supply (OPS) obligations pursuant to Article 6(9) of Regulation (EU) 2023/1805 using an electronic form available in THETIS-MRV.

Article 5 Management of the compliance balance and FuelEU penalties

1.   The FuelEU database shall incorporate a functionality for the management of monitoring plans, including their submissions and modifications.

2.   The FuelEU database shall incorporate a compliance balance calculator to enable the company to monitor and manage its compliance balance and to use the flexibility mechanisms provided for in Articles 20 and 21 of Regulation (EU) 2023/1805 as necessary.

3.   For the purpose of calculating or recording the ship-specific compliance balance referred to in Article 16(4), point (b) of Regulation (EU) 2023/1805, the FuelEU database shall make an electronic template available.

4.   The FuelEU database shall enable the company and the verifier to interact with one another in order to request, assess, approve and record either of the following:

(a)

the banking of the compliance surplus to the following reporting period;

(b)

the borrowing of an advance compliance surplus from the following reporting period as provided for in Article 20(1) and 20(3) of Regulation (EU) 2023/1805.

5.   The FuelEU database shall incorporate a pooling functionality that enables companies and verifiers to interact with one another in order to pool the compliance balance of different ships and to register and verify the composition of the pool and the allocation of the pool’s compliance balance to each ship, as provided for in Article 21 of Regulation (EU) 2023/1805.

6.   A notification system shall be implemented to inform the company when the verified compliance balance of its ship has been recorded in the FuelEU database.

7.   After the conclusion of the verification of compliance balance by the verifier, the information on the compliance balance shall be made available by verifiers to other users referred to in Article 3 of this Regulation through the FuelEU database.

8.   The FuelEU database shall enable the administering state to record and notify to the company the amount of FuelEU penalties applicable to its ships, pursuant to Article 23 of Regulation (EU) 2023/1805. The FuelEU database shall permit the registration of the proof of the payments of the FuelEU penalties by the entities that made that payment. Any penalty issued and enforcement action taken by the administering state shall be automatically recorded in the FuelEU database.

Article 6 FuelEU document of compliance

1.   The FuelEU database shall enable the verifier or the administering State as appropriate, to issue the FuelEU document of compliance for the ship concerned, as provided for in Article 22 of Regulation (EU) 2023/1805. For the purposes of issuing the FuelEU document of compliance, the verifier shall provide the data required using an electronic template available in the FuelEU database.

2.   After the issuance of the document of compliance by the verifier, the information on the document of compliance shall be made available by verifiers to other users referred to for in Article 3 of this Regulation through the FuelEU database.

Article 7 Security

1.   A secure identification mechanism shall be implemented in the FuelEU database to identify unique users and assign each user a unique ID.

2.   The authentication process for system-to-system interfaces accessing the FuelEU database shall be based on recognised authentication methods, ensuring the integrity and security of data exchanges.

3.   Users accessing the FuelEU database shall be authorised based on access control measures, regulating their access to information and functionalities within the database as provided for in Article 3 of this Regulation.

4.   Authorisations granted to users shall be periodically reviewed to ensure compliance with access control policies and to adapt to any changes in user roles and responsibilities.

5.   The FuelEU database shall ensure non-repudiation of actions performed by users through its interfaces. For this purpose, the database shall record the user, timestamp and action carried out for any modifications, facilitating auditing and a forensic analysis of user activities.

Article 8 Visual requirements

1.   The FuelEU database shall be designed to accommodate various screen sizes and viewports to ensure optimal accessibility for users.

2.   In the event of a user accessing a web page using a non-compatible browser, a ‘non-support’ message shall be displayed, informing the user of the browser’s incompatibility and providing guidance on alternative browsers that support the content.

3.   All information made publicly available shall be provided in English to ensure that it is accessible and understandable to a wide audience.

Article 9 System updates

1.   EMSA may update functionalities and the interface of the FuelEU database if necessary, considering the experience gained, technological advancements, evolving user needs and emerging best practices in web accessibility and usability.

2.   Updates and corrections shall be notified to all users prior to implementation to allow for a timely adjustment of any supporting systems or procedures and clearly communicated to all users through release notes and detailed technical specifications. Specifications for data exchange formats shall be made available no later than 1 month before implementation.

Article 10 Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .