Classification society DNV on Thursday (27 November) published a Maritime Impact article highlighting Exmar Ship Management’s partnership with DNV and Veracity to navigate FuelEU Maritime risks as the regulation reshapes commercial negotiations, exposing independent ship managers to new financial risks.
By using Emissions Connect as a single source of verified data, Exmar streamlined compliance, improved risk management, and built greater trust with owners and charterers:
The FuelEU Maritime regulation differs from the EU Emissions Trading System in terms of reporting responsibilities and financial liabilities. DNV’s Emissions Connect can function as a trusted single source of truth for all stakeholders that supports fair cost allocation.
The reporting requirements stipulated by the FuelEU Maritime (FEUM) regulation add another level of complexity to emission management. While under the EU Emissions Trading System (EU ETS), shipowners must submit annual emissions reports, the new FEUM regulation in effect since 1 January 2025 assigns the emissions reporting responsibility to the ship manager as the holder of the document of compliance (DoC), with consequences for the business relationship between the owner, charterer, and independent ship manager (ISM). Nevertheless, Arne Lippens, Head of Technical Compliance at Exmar Ship Management, believes that monetarizing emissions is a good thing: “It finally opens up the dialogue between the partners,” he says. “In the past, there was always a split incentive: the charterer was paying the fuel costs, whereas any investments by the owner in efficiency improvements or fuel and emission monitoring technology would benefit the charterer, not the owner.
Document of compliance holder has legal responsibility
Shipowners with ship management divisions of their own can handle the consequences relatively smoothly, but third-party, independent ship management companies (ISM) are exposed to the full financial risk arising from emissions liabilities, a fact that needs to be addressed in their commercial negotiations with owners, who must monitor and manage the FEUM compliance balances for specific charter periods. This constellation must be adequately accounted for in the charter party negotiations between the owner and charterer to achieve fair allocation of the financial exposure.
There are far-reaching implications for the legal relationship between the contractual parties involved in the ownership and operation of a vessel. “Charter parties rarely line up with the annual compliance cycle,” explains Helge Hermundsgård, Head of Business Development for DNV’s Emissions Connect services. “This means that charter parties must ensure that the incurred liabilities are addressed as charters start and end during the reporting year.” The ISM in charge at year’s end is responsible for compliance with the reporting requirements during the entire calendar year – a responsibility that cannot be assigned to a third party.
Charter parties must reflect “polluter pays” principle
However, the ISM has virtually no influence on the factors determining FuelEU Maritime exposure, such as the fuel used and the ship’s trade, continues Hermundsgård. “ In other words, the financial consequences should be assigned to the party that can influence those factors, based on the principle that the polluter pays.”
The FEUM regulation leaves the contractual details of these arrangements up to the commercial partners. On 19 December 2024, the Baltic and International Maritime Council published a FuelEU Maritime clause for its SHIPMAN standard contract, which is widely used as a basis for ship management contract negotiations. Other bodies are offering similar contract amendments.
Charter parties must clearly allocate financial responsibilities
There are certain intricacies and details that the SHIPMAN FEUM or similar clauses cannot cover. “Independent ship managers, charterers, and owners must understand the regulations clearly and find ways to allocate the financial consequences in their charter parties fairly, including provisions for hypothetical events or situations,” explains Lars Nyfløt, Global Sales Manager Emissions Connect Business Development at DNV. “They need a clear understanding of who is in charge of what.” Questions such as how the responsibility for FEUM will be reallocated to the owner and how the ISM is guaranteed compensation for any additional liabilities must be answered in advance. “An ISM must be highly aware of its risk and ensure that the commercial agreement with the owner provides for suitable mechanisms to manage that risk,” says Nyfløt.
For companies like Exmar, which manages its own fleet as well as third-party vessels as an ISM, there is a silver lining to this, says Arne Lippens, because the need for the commercial partners to cooperate more closely gives the ISM a stronger position as a provider of regulatory know-how and related services: “The emission penalties resulting from EU ETS, FEUM, and the forthcoming IMO regulation might double the cost of fuel in the foreseeable future, making it crucial for the party paying the bill that their operational expense and fuel spend are managed well. So they have to reach out to us, which creates an extra bond, a new level of trust between ourselves and our partners, and an enhanced role for us as an ISM.”
Contracting parties need a trusted common source of emission data
Nyfløt, who held various commercial functions in the shipping industry on both the shipowners’ and the charterers’ side for about 30 years and took part in countless charter party negotiations before joining DNV, says it is crucial for all players in the value chain, including the technical manager, the owner, the charterer, the cargo owner if different, the management company, and others, to have a clear picture of how emissions affect pricing. “This will support good-faith negotiations with the understanding that all parties are ultimately in the same boat, as it were, bearing a shared responsibility for compliance, each side with its own part to play.
“In my experience,” adds Nyfløt, “one of the most important assets in charter negotiations is a trusted source of emission data. Proper documentation and a single source of truth accepted by all stakeholders are key to negotiations that deliver satisfactory results.”
Note: The full article by DNV can be read here.
Photo credit: Exmar Ship Management
Published: 1 December, 2025