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Gard: Emission trading schemes and international shipping

ETS application to shipping is still under discussion but owners and charterers should start thinking about how they are going to deal with it once it is in force, says Louis Shepherd.
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Norwegian maritime insurance company Gard on Tuesday (31 May) published an insight discussing interest in the expansion of existing emission trading schemes to also cover international shipping in the EU, China and Japan, as well as urging owners and charterers to think ahead before its implementation:

By Louis Shepherd, Senior Claims Adviser, Lawyer, London

On a nation state level, governments can impose taxes on the sources of pollution at the point of production or sale, e.g. on petrol, with the aim that the taxes generated will cover the cost of dealing with the resulting pollution and incentivise reduced consumption. The difficulty in international shipping is that if just a few governments took this approach for bunker fuel, the buyers would likely adjust their arrangements so that they avoided bunkering at the taxed ports. For a sales tax on bunker fuel to be effective, governments of all the major bunkering ports around the world would need to coordinate and agree to tax bunker fuel in the same way. With such cooperation looking very unlikely in the near term, governments are now looking at imposing costs on emissions, rather that at the point of sale.

An emission trading scheme (ETS) is a tool that governments and regulators are expected to use increasingly often in the fight to reduce the pollution created by international shipping. The central idea behind an ETS is to have a market mechanism to ensure that “the polluter pays” – the payment being for the environmental and social cost of pollution, its clean up cost and potentially also research into technology that will reduce or remove it. Of course, increasing the cost of pollution also creates an incentive to create less of it.

For this reason there has been increasing interest in expanding existing ETS to include international shipping, including in the EU, China and Japan. The basic idea of an ETS is that a capped number of emission permits are bought and sold on the market, with emitters having to purchase and surrender enough allowances to cover their emissions. The price of the allowances will change over time to reflect the balance of supply and demand, and emitters then are incentivised to find the cheapest (ie. most efficient) ways to reduce emissions.

The EU Emission Trading Scheme 

Launched in 2005, the EU’s ETS works as a “cap and trade” scheme where emitters of CO2 in certain sectors have to purchase allowances to cover their carbon emissions during the relevant trading period. 

The number of allowances at any one time are fixed, but they reduce each year, so that emissions within the EU also fall.

How the scheme will be applied to shipping is still under discussion, but if current proposals are adopted, the key features will be:

  • Application to all vessels over 5,000 GT trading within EU waters, irrespective of flag
  • Start date 1 January 2024 (pushed back from 1 January 2023)
  • Full implementation right away, with no phase-in (originally suggested phase-in until 2026)
  • 100% of intra-EU voyage emissions to be covered by the scheme
  • 50% of EU in-bound/out-bound voyage emissions will be covered, increasing to 100% from 2027
  • The ‘shipping company’ (defined as owner, manager or bareboat charterer) will be responsible for surrendering the allowances
  • The ETS will cover carbon dioxide, methane and nitrous oxide
  • 30 April deadline for surrender of allowances for previous calendar year (ie. 30 April 2025 deadline for 2024 emissions)
  • Non-compliance can lead to penalties and expulsion orders

Several parts of the scheme are still unclear, and questions have been raised about two particular areas relating to shipping. First, in the Special Rapporteur’s report of 24 January 2022, it says that where a ship is on charter and the owner is not responsible for purchasing fuel or making decisions about the vessel’s speed, cargo or route, then:

“… a binding clause should be included in such arrangements for the purpose of passing on the costs so that the entity that is ultimately responsible for the decisions affecting the CO2 emissions of the ship is held accountable for covering the compliance costs paid by the shipping company under this Directive.”

Whilst many vessel owners would support the motivation behind this, it is far from clear how EU law would impose such a clause in private contractual arrangements between parties that may not be based in EU states. What happens if the charterparty contains no such clause? Could the owners rely on EU law to seek recovery from the charterers in the EU even if there was no such clause in the charterparty? Might it result in some voyage-charterers being forced to pay for EU ETS allowances even though they did not supply the fuel?

A second area of discussion is how voyages into or out of the EU are to be determined, and if operators may seek to evade the full application of the EU ETS. For example, if a vessel calls at an intermediate port just outside of the EU shortly after leaving EU waters, that may result in the out-bound voyage being assessed as much shorter than one from/to the actual next load port. The change of routing may cause the operator extra costs, but the benefit of the avoided allowances could be greater, depending on the assumptions made. We would expect this issue to be covered by the scheme once implemented, but at the moment it is an area that needs more thought.

Emission trading schemes and time charterparties 

Operating vessels under an ETS is a completely new situation for vessel owners and time charterers, so the learning curve will be steep. The issues under each scheme may be different, but the following points are likely to be of general relevance, not just the EU scheme.

In the first instance, the practical steps needed to comply with ETS requirements are likely to fall on vessel owners. This will include (i) registration with the scheme, (ii) recording, documenting and submitting the vessel’s emissions data needed for compliance, and (iii) opening an account to receive, hold and surrender the necessary allowances. It may be that some of these tasks can be handled by a third party, such as a vessel manager or broker.

How a vessel owner and charterer share the costs of complying with an ETS, i.e. purchasing the allowances, is more open to negotiation. The general view seems to be that as ETS costs will be directly linked to the fuel used by the vessel, as between an owner and a charterer, whoever is responsible for the cost of the fuel should also cover the cost of ETS compliance, e.g. buying allowances. This seems logical as the cost of ETS allowances could be seen as just part of the fuel cost and may in fact be included in bunker prices if bunker sellers decide to sell fuel and allowances together.  

New BIMCO clause

BIMCO is in the process of drafting/finalising a clause for use in time charterparties, which is expected to be published soon. The arrangement is likely to be that the charterer is responsible for purchasing allowances to cover vessel’s actual emissions used in ETS areas while on hire. The clause will also have to cover other issues, such as sharing data to enable compliance with an ETS, reconciliation between the allowances and actual consumption at the end of a charter, and the owners’ rights if allowances are not surrendered on time.

Ideally, the clause published by BIMCO will be wide enough to apply to any scheme around the world, and to cover any greenhouse gas that may be subject to a scheme, not just carbon.

Under most time charterparties, the vessel owner does what they can to reduce their credit risk to the charterer – for example by requiring hire to paid in advance, and bunkers arranged and paid for by the charterer. One issue that some vessel owners may also wish to consider is if they want similar principles to apply for ETS allowances – e.g. to avoid allowances being transferred in arrears, and instead require the charterer to transfer enough allowances up front to cover the bunker fuel to be used under the ETS, to be topped up as/when the vessel receives new fuel. From a time charterer’s point of view, it may also be necessary to consider how the reconciliation and accounting will be carried out for emissions, which are arguably for owners’ account, such as during off-hire or deviation for owners’ purposes.

These issues are unlikely to be relevant in the context of voyage charters, where the owner will generally be responsible for supplying the fuel, and hence the cost of any allowances that arise from using it. Voyage charter owners will need to build something into their freight/demurrage rates for ETS costs. The costs of ETS allowances may be relevant under some consecutive voyage charterers if they have clauses to adjust freight rates depending on bunker prices – e.g. if bunkers are sold includes of allowance cost, or as allowance prices change.

What to do now?

The application of the EU ETS to shipping is still under discussion, and we may not know the final details for several months. Even so, where time charterparties are being concluded that will run into 2023, 2024 and beyond, it would be wise for the owners and charterers to think about how to deal with ETS issues. The BIMCO ETS clause will be helpful once it has been published, but it is of course open to parties to come to alternative arrangements. Please contact your defence case handler for further information or guidance.

 

Photo credit: Photoholgic on Unsplash
Source: Gard
Published: 6 June, 2022

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Methanol

CMA CGM, SIPG and Shanghai Electric Group join forces on green methanol bunkering

Companies signed a long term supply cooperation deal to develop a fully integrated green methanol value chain, which is expected to propel Shanghai into a regional green methanol bunkering hub.

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March 21, 2025

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CMA CGM, SIPG and Shanghai Electric Group join forces on green methanol bunkering

French shipping giant CMA CGM on Friday (21 March) said it has signed a green methanol long term supply cooperation agreement with SIPG Energy and Shanghai Electric Group on 20 March to develop a fully integrated green methanol value chain. 

The agreement is expected to accelerate Shanghai Port's development into a regional green methanol bunkering hub, securing its first-mover advantage in the low-carbon transformation of shipping and further consolidating Shanghai's leadership in global maritime trade.

“This collaboration underscores CMA CGM's leadership in maritime decarbonisation and strengthens our partnership with major Chinese partners,” the company said. 

Under the agreement, Shanghai Electric Group will provide mid-to-long-term green methanol fuel supply for CMA CGM. In partnership with SIPG, green methanol will be transported via land-sea combined logistics from Shanghai Electric’s production base in Taonan to Shanghai Port, the world's largest container port. 

Shanghai Electric said the agreement will form a complete “production-transportation-bunkering” chain. The company further elaborated that its Taonan project is an important foundation for it in the field of hydrogen-based green fuels. 

CMA CGM, SIPG and Shanghai Electric Group join forces on green methanol bunkering

Firmly committed to the energy transition in shipping and  its use of alternative marine fuels, CMA CGM said it has set a Net Zero-Carbon target for 2050.

Last month, CMA CGM IRON, the group's first dual-fuel methanol made its maiden call in Singapore. With a container capacity of 13,000 TEUs, it is the first in a series of 12 new dual-fuel methanol vessels for CMA CGM.

“At CMA CGM, we address the challenges related to the availability of clean fuels. Our partnership strategy drives us to implement innovative and sustainable solutions to achieve our energy transition objectives,” said Farid Trad, Vice President of Bunkering & Energy Transition of CMA CGM Group. 

“Our landmark collaboration with SIPG and Shanghai Electric Group marks a new milestone and shows our commitment to Net Zero-Carbon by 2050.”

 

Photo credit: CMA CGM
Published: 21 March, 2025

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Digital platform

Singapore-based Hafnia and Studio 30 50 to launch digital bunker platform FuelSure

Platform – set to debut at Singapore Maritime Week – has been developed to combat ‘hidden costs’ in the global bunker supply, bringing greater transparency, accountability, and cost savings to the market.
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March 21, 2025

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Singapore-based Hafnia and Studio 30 50 to launch digital bunkering platform FuelSure

Singapore-headquartered tanker operator Hafnia on Thursday (20 March) said it is set to launch FuelSure – a digital platform to combat ‘hidden costs’ in the global bunker supply, bringing greater transparency, accountability, and cost savings to the maritime bunker fuel market.

The platform has been developed in collaboration with Studio 30 50, a Venture Growth Team for maritime innovation.

Peter Martin Grünwaldt, VP Head of Bunkers at Hafnia, said: “Hidden costs in bunker supply have plagued the maritime world for decades, with unreliable fuel quality that can cause mechanical breakdowns or even vessel detentions and delivery discrepancies that can prove both costly and imply foul play somewhere in the delivery chain.”

“While bunkers themselves remain costly, these additional factors create significant losses on both a short-term and industry-wide scale. FuelSure addresses these issues head-on by centralising supplier reviews and performance metrics, empowering our crews and trading teams to make data-driven decisions that reduce risks and ultimately benefit the entire global supply chain.”

By integrating real-time vessel feedback, lab analyses, and financial loss data, FuelSure aims to quantify the “value of trust” for shipowners and traders navigating one of the shipping industry’s most opaque sectors – where quantity shortages alone can cost up to USD 5.2 billion annually.

FuelSure collects critical data points each time a vessel takes on fuel, such as barge condition, delivery accuracy, and overall supplier performance—and blends them with lab-verified chemical analyses of the fuel itself. The platform also tracks the downstream financial impact of bad bunkers, from engine damage to operational delays, to provide a comprehensive performance score for every supplier.

FuelSure is currently in beta testing with a select group of industry experts. The platform is set to debut at Singapore Maritime Week on 24 March, where the team will demonstrate its features and gather additional feedback before its wider release.

Hafnia and Studio 30 50 believe this early engagement will ensure the solution meets the rigorous demands of global shipping and paves the way for broader industry adoption. FuelSure’s go-to-market will involve strategic pilots with select fleets, partnerships with testing labs and classification societies, and phased rollouts in major global ports. This is set to lay the groundwork for a more transparent and efficient bunkering ecosystem worldwide.

Shanker Pillai, Head of Studio 30 50, said: “Through our collaboration with Hafnia, we discovered that industry players often have no clear way to evaluate the long-term cost of subpar bunkering. With FuelSure, we are not only shining a light on hidden costs; but also driving a culture of accountability and transparency that could reshape the maritime sector’s approach to fuel procurement.”

Studio 30 50 was launched by Hafnia in collaboration with Hafnia, Microsoft, DNV, IMC Ventures and Wilhelmsen in 2023. The studio’s objective is to identify new solutions which can address a broad range of ESG topics concerning the maritime industry, while also funding innovative proposals (built by startups) which seek to improve efficiencies across the whole maritime supply chain.

 

Photo credit: Hafnia
Published: 21 March, 2025

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Events

China: Speaker lineup revealed for Green ShipTech Innovation Asia Summit 2025

Key issues that will be discussed at event include low-carbon ship construction and transformation, latest green technology equipment, alternative marine fuel selections and supply status.
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March 21, 2025

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Green ShipTech Innovation Asia Summit 2025 to be held in Shanghai on 16 May

Shine Consultant, the organiser of Green ShipTech Innovation Asia Summit 2025, on Thursday (20 March) announced the line-up of speakers for the event to explore the new trends in the shipping industry. 

With over 300 attendees expected to attend, the Green ShipTech Innovation Asia Summit 2025 will be held in Shanghai, China, on 16 May. 

Themed Diversified Innovation for Sustainable Green Transformation, the summit will host a main forum called Green Development Strategies and Pioneer Practices Towards Zero Carbon Goals and two sub-forums, Green Shipbuilding and Retrofitting Forum and Green Shipping Ecosystem Cooperation Forum. 

It will focus on key issues such as low-carbon ship construction and transformation, the latest green technology equipment, alternative marine fuel selections and supply status and digital ship management technology. 

Speakers for the summit include:

  • Li Zhengjian, Chief Expert/Senior Engineer, the Chinese Society of Naval Architects and Marine Engineers
  • Karim Fahssis, Decarbonization China Head, Maersk
  • Lu Yanhui, Vice President, COSCO Shipping Heavy Industry Co., Ltd
  • Liu Jianfeng, Chief Technologist, Shanghai Waigaoqiao Shipbuilding Co., LTD.
  • Li Zhonggang, Vice President, China Ship Design & Research Center Com.,Ltd.(CSDC)
  • Bo Cerup-Simonsen, CEO, Mærsk Mc-Kinney Møller Center for Zero Carbon Shipping
  • Keiichiro Nakanishi, Managing Executive Officer, MOL(Mitsui O.S.K. Lines, Ltd.)
  • Sun Haihua, Deputy Director of Shanghai Arbitration Commission, Deputy Chairman and Secretary-General of Shanghai International Shipping Center Development and Promotion Organization
  • Yan Wei, Vice President, Shanghai Maritime University
  • Ye Mao, Deputy President of the Design Research Institute, Wuchang Shipbuilding Industry Group Co., LTD.
  • Wee Meng Tan, Chief Projects Officer, Global Centre for Maritime Decarbonisation
  • Yuan Chao, General Manager of Equipment, CSSC (Hong Kong) Shipping Company Limited
  • Zhang Yunxing, Head of the Ballast Water Convention Research Office, Hebei Maritime Safety Administration
  • Zhang Yong, Vice President, Shanghai Academy of Development & Reform
  • Gou Yingdi, Director of Sustainable Development and General Manager of the Technology and Development (Innovation) Center, Seacon Shipping Group
  • Zhao Cuiyun, Deputy Director of the Institute for the Construction of the Shipping Center and Director of the Green Shipping Research Office, Shanghai International Shipping Institute
  • Cao Xianfeng, Deputy Chief Digital Planner, COSCO Shipping (Qidong) Offshore Co., Ltd

Conference Framework

May 16 (am) 

Plenary Session: Green Development Strategies and Pioneer Practices Towards Zero Carbon Goals

May 16 (pm)

Sub-Forum I: Green Shipbuilding and Retrofitting Forum
Sub-Forum II: Green Shipping Ecosystem Cooperation Forum

Key Topics

  • Maritime regulatory focus under policy guidance towards zero-carbon goals
  • Global green ship type product key technologies and applications
  • Analysis of paths to improve the efficiency of existing ships
  • How shipping companies can achieve sustainable green transformation
  • Innovative design methods for green ship types
  • Development and design of methanol dual-fuel ship types
  • Innovation and application of ship engines and propulsion systems
  • Technological application and outlook of wind energy as auxiliary power for ships
  • Prospects and challenges of ammonia fuel application
  • Innovation in new marine fuels and supply systems
  • Upgrading of ship battery systems to meet shipping emission reduction
  • Fluid power energy-saving technology and practice to promote the green and low-carbon development of the shipping industry
  • Green ship repair, intelligent painting and VOCs management in ship and marine engineering
  • Exploration and practice in digital transformation and intelligent upgrading of the ship repair and modification industry
  • Practice of ship energy consumption data analysis and carbon intensity management
  • SCR technology innovation for NOx reduction in ship diesel engines
  • The latest technological applications of "carbon capture" in the shipping industry
  • Ballast water management systems in line with international standards
  • Shore power systems combined with green electricity to assist shipping decarbonization
  • Supply status and choice analysis of the marine green fuel market

Host:

  • Shanghai International Shipping Center Development and Promotion Organization

Co-organisers:

  • Shanghai Maritime University 
  • Shanghai Institute of Navigation
  • Jiangsu Association of Shipbuilding Industry
  • Jiangsu Society of Naval Architects And Marine Engineers

Supporting Organisations:

  • Shanghai Port Association
  • Hubei Association of Shipbuilding Industry
  • Shanghai International Shipping institute

Interested parties may contact:

Yulia Zhang
T: (+8621) 6095 7179
M:(+86) 158 3615 6079 (Also on WeChat）
E-mail: [email protected] 

Note: More information on the summit, including registration, can be found here. 

 

Photo credit: Shine Consultant
Published: 21 March, 2025

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