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OceanScore models price scenario for FuelEU pooling as alternative to penalties

OceanScore is providing first price indications on compliance surpluses available under FuelEU’s pooling mechanism to determine both relative costs of compliance and potential earnings from generating surpluses.

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Hamburg-based technology platform OceanScore on Thursday (15 August) highlighted that the company is providing first price indications on compliance surpluses available under the FuelEU’s pooling mechanism:

Shipping companies are pursuing the lowest cost of compliance under the FuelEU Maritime regime as they face rising penalties for falling short of carbon intensity reduction targets. 

And OceanScore is providing first price indications on compliance surpluses available under the FuelEU’s pooling mechanism to determine both the relative costs of compliance and potential earnings from generating surpluses.

Compliance deficits incurred for failing to meet the greenhouse gas intensity targets set by FuelEU Maritime can be reduced by burning biofuels or, if possible, LNG/LPG. To mitigate potential penalties for non-compliance, one of the more commercially viable options is pooling, whereby vessels that overachieve on intensity targets can compensate for underperforming vessels.

However, OceanScore Managing Director Albrecht Grell says: “A significant number of shipping companies we have spoken to - especially smaller ones - currently are not considering pooling but simply intend to pay the penalty. But this, as well as pushing compliance deficits into future years through borrowing that will incur interest, will prove increasingly costly in the long run.”

He points out the current penalty of €2400 per tonne of VLSFOe in excess of intensity targets will effectively rise by 10% with each successive year of compliance default to reach €3360 in 2029 in the case of continuing non-compliance - before the next tightening of targets kicks in that will hike penalty costs even further.

Evaluation of compliance options

FuelEU mandates progressive reductions in the average well-to-wake greenhouse gas (GHG) intensity of energy used by vessels, increasing from an initial 2% at implementation in 2025 to 6% from 2030 and then at five-yearly intervals to reach 80% by 2050, versus a 2020 baseline of 91.16g C02e per megajoule of energy.

Grell believes it is incumbent on companies to explore burning biofuels as well as examine pooling options as alternatives to simply paying penalties, as these represent “commercially attractive opportunities” to reduce deficits and compensate for remaining compliance deficits.

Other options entail more cost and effort, such as cold ironing that may require retrofitting and wind-assisted propulsion, which requires a heavy investment and only makes sense for certain vessels and trades.

Grell says companies therefore need to understand the complex market variables driving availability of surpluses, with supply and demand determining the price of pooling slots.

FuelEU’s pooling mechanism allows a shipowner to use compliance surpluses to offset deficits within its internal fleet or to monetise these surpluses by sharing them with third-party vessels that can be included in the pool.

Generating compliance surpluses through the use of low-carbon fuels such as bio-diesel and bio-methanol, and then using these surpluses to pool own vessels with compliance deficits and offer them for sale to compliance pools with other shipping companies therefore should be a commercially sound option, according to Grell, even compensating for significantly higher costs of these types of fuels and for their lower calorific values (LCVs).

Giving price clarity on pool surpluses

Maritime technology and data firm OceanScore has analysed the likely development of prices for compliance pools to provide the industry with the necessary guidance on the prospective prices for compliance balances in pools.

The company sees practical limits for pool surplus prices within a range of between €1300 and €2300, in which the lower limit is driven by the cost of alternative fuels - mainly biofuels costing around €1200 per tonne - to generate this surplus and the upper limit determined by the FuelEU penalty. This assumes a €100 pool transaction cost, factored in at either end of the price range.

Within these limits, demand and supply will determine the price for compliance pool slots. If there is more surplus than deficit in the compliance market, prices will be at the lower end of the range. If there is more deficit than surplus, prices will be closer to the upper end, Grell explains.

OceanScore sees a compliance deficit in Europe of 560,000 tonnes of VLSFOe, partly offset by a surplus of 280,000 tonnes, based on 2022 figures, but forecasts the resulting deficit will soon balance out with increasing uptake of biofuels. Biofuels will then generate more than half of surpluses.

Around 650,000 tonnes of biofuels, which can reduce CO2e emissions by up to 50% versus conventional fuels, are needed to bring Europe into balance. This volume could be somewhat reduced by the growing LPG/LNG trade into Europe. Waste cooking oil-based fuels provide particularly low emissions as per the FuelEU regulation and their increased use could further reduce the volume of biofuels needed to balance the market.

En route to balanced market

Grell believes this is “absolutely possible”, given shipping would need around 4% of Europe’s annual biofuel production of 16 million tonnes, and that “we can assume a balanced market sooner rather than later”.

OceanScore expects that, rather than broadly spreading biofuels and respective blends evenly across fleets, managers and owners will select the best-suited vessels to accumulate surpluses to use in their fleets. At the same time, some managers will opt for simply paying penalties rather than, initially at least, bothering to manage the complex related compliance processes.

While many shipping companies will initially focus on creating a balanced compliance situation for their own fleets, only additional compliance surpluses will become available for external pooling. LNG/LPG volumes will mostly be pooled externally. Consequently, the volume of pooled surpluses is expected to grow to between 400,000-500,000 tonnes of VLSFOe. 

Increased availability of surpluses from wider adoption of biofuels will tend to push prices down for pooling slots.

Nevertheless, OceanScore foresees prices for compliance pools staying in the upper half of the indicated range, even if surpluses can be generated by using biofuels at a reasonably low cost and if compliance markets balance: “Everyone knows that the years 2025 to 2029 only represent a phase-in into FuelEU. Staying compliant will be much harder after 2030 with target carbon intensities being adjusted downwards and many LNG-fuelled vessels ceasing to generate surpluses then. If the prices drop too low, surplus owners will simply start to bank them,” Grell explains.

Solution to tackle price uncertainties

Nevertheless, Grell believes, given the expected price range for surpluses, that pooling will be advantageous versus paying penalties, due to longer-term penalty escalation, as well as versus borrowing.

OceanScore will be offering its FuelEU Marketplace to provide the transparency and liquidity needed to secure fair and transparent market prices to counter pricing uncertainties under pooling arrangements, as part of its suite of FuelEU solutions to be launched on September 4 during SMM.

 

Photo credit: Shaah Shahidh on Unsplash
Published: 19 August, 2024 

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Bunker Fuel

Cost-efficient strategies can significantly cut price of FuelEU Maritime compliance, says DNV

Adoption of the most cost-effective strategy can result in savings of up to 16% or USD 21 million over a vessel’s lifetime compared to using Bio-MGO as a compliance option, according to new DNV white paper.

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Classification society DNV on Thursday (5 December) said compliance with FuelEU Maritime requirements will be expensive but applying certain strategies can significantly reduce the cost.

This was one of the main highlights of its latest white paper outlining FuelEU Maritime requirements and compliance strategies for shipowners. 

Effective from 1 January 2025, the rules mandate stringent greenhouse gas (GHG) emission intensity requirements for ships over 5,000 gross tonnage (GT) transporting cargo or passengers for commercial purposes in the EU/ EEA. GHG emissions are calculated from a well-to-wake perspective. In addition to emissions from onboard combustion, this calculation also includes emissions related to the extraction, cultivation, production, and transport of the fuel. 

The regulation includes provisions for crediting ships using wind-assisted propulsion.

The DNV paper provides shipowners with insights to reduce compliance expenses and avoid major penalties. It contains a comprehensive overview of the regulation, including a case study which highlights a range of different compliance strategies. 

This shows how the adoption of the most cost-effective strategy can result in savings of up to 16% or USD 21 million over a vessel’s lifetime compared to using Bio-MGO as a compliance option.

Knut Ørbeck-Nilssen, DNV Maritime CEO, said: “It is essential that shipowners understand the requirements and compliance options related to the FuelEU Maritime regulation to make informed business decisions. Adopting a cost-efficient strategy with the right combination of measures can help shipowners reach compliance at reduced costs.

“Just paying the penalty could prove a more costly option. All parties must understand their potential obligations and privileges, and how these might affect their commercial and compliance agreements. Crucial to this is verified emissions data, which can maintain operational and commercial integrity across the maritime value chain.”

The report provides recommendations for shipowners including securing long-term fuel agreements and implementing energy efficiency measures. It also recommends considering pooling as a mechanism for sharing and optimizing costs. This is underpinned by a call to begin preparations immediately. The report also highlights how, by leveraging digital tools, maritime stakeholders can access verified emissions data, a key factor in compliance and maintaining both operational and commercial integrity throughout the value chain.

A key point emphasized in the report is that the International Maritime Organization is also set to introduce similar regulations in the near future, with a net-zero framework expected to be adopted in the fall of 2025 and come into force around mid-2027.

It is absolutely essential that shipowners understand the requirements and compliance options related to the FuelEU Maritime regulation so that they are equipped to make informed business decisions. Adopting a cost-efficient strategy with the right combination of measures can help shipowners reach compliance and significantly reduce costs.

“Doing nothing and paying the penalty could prove to be a costly option. All parties must understand their potential obligations and privileges, and how these might affect their commercial and compliance agreements. Crucial to this is verified emissions data, which can maintain operational and commercial integrity across the maritime value chain.”

The report provides recommendations for shipowners including securing long-term fuel agreements and implementing energy efficiency measures. It also recommends considering pooling as a mechanism for sharing and optimizing costs. This is underpinned by a call to begin preparations immediately. The report also highlights how, by leveraging digital tools, maritime stakeholders can access verified emissions data, a key factor in compliance and maintaining both operational and commercial integrity throughout the value chain.

A key point emphasized in the report is that the International Maritime Organization is also set to introduce similar regulations in the near future, with a net-zero framework expected to be adopted in the second half of 2025 and come into force around mid-2027.

Note: The full whitepaper titled ‘FuelEU Maritime: Requirements, compliance strategies, and commercial impacts’ by DNV can be downloaded here.

 

Photo credit: DNV
Published: 6 December, 2024

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FuelEU

OceanScore reviews BIMCO FuelEU clause for time charter parties

Firm applauds BIMCO for taking this ‘admittedly difficult first step’ but noted quite a few gaps remain that individual charter party clause discussions will have to close.

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OceanScore reviews BIMCO FuelEU clause for time charter parties

The current BIMCO draft provides a foundation but leaves substantial room for improvement and charter party specific clarifications, said Hamburg-based technology platform OceanScore on Wednesday (27 November). 

The company was commenting on BIMCO recent release of its much-anticipated clause for Time Charter Parties under the FuelEU Maritime Regulation. 

“Practical solutions must address timing constraints, pooling frameworks, surplus incentives, and pricing disputes,” OceanScore said in a statement. 

“We applaud BIMCO for taking this admittedly difficult first step. The result is balanced, which is appreciated, but quite a few gaps remain that individual charter party clause discussions will have to close. It will be critical to mirror these into the Shipmans with the DOC (Document of Compliance) holders eventually being responsible.”

OceanScore added it is already working with customers to implement forward-thinking FuelEU strategies that fill these gaps, supporting smart decision making and efficient processes between the different stakeholders. 

“Our insights and solutions have demonstrated multiple pathways for turning regulatory challenges into opportunities – requiring proper understanding of these rules and quantification of different pathways,” it added. 

Here are some of OceanScore’s key observations and comments:

Key Observations and Challenges

  1. Alignment with Long-Term Charters

The solutions proposed for long-term Time Charter Parties (those covering entire reporting periods, typically a year) are broadly aligned with market expectations and appear balanced between the needs of owners and charterers. 

  1. Role of DOC Holders

Under the regulations, DOC holders are the designated responsible parties for FuelEU compliance. This means that any clauses within the Time Charter Party must also be reflected in the ship management agreement (shipman). Ensuring consistency across these agreements will be critical for seamless compliance, especially in the case of third party managers.

  1. Timing Considerations

The clause proposes providing compliance balances for the prior two years, but this won't be feasible until at least 2027 due to the rollout timeline.

Proofs of Sustainability (POS), which are critical to FuelEU compliance, take 4–6 weeks to become available post-bunkering. The proposed 15-day reporting deadline for “verified” compliance balances can be unrealistic.

The clause proposes for the charterer to notify the owner “x days before April 30” of their intent to pool the compliance deficit. These requests should be made as early as possible., If the charterer decides to not pool but pay the “surcharge”, an earlier notification will help the owner (and DOC holder) to identify the commercially most attractive alternative – especially when it comes to finding an alternative external pool.

  1. Pooling – Incomplete Framework 

Pooling compliance balances is likely the most efficient way to secure compliance. But while the clause mentions this in the context of long-term charters, it does not offer a meaningful framework for short-term or broader application. Charterers and owners might benefit from a clear, common understanding of how pooling will be used to achieve compliance – especially as this might be the commercially most attractive choice.

  1. Compliance Surpluses – Practical Solution

The proposal on how to deal with compliance surpluses is balanced, the timing of the proposed steps practical. It will be critical to define the right applicable price (and not fall for a price at the level of the penalty in the case of compliance deficits). Given that pool prices will not be known until well into 2025 or even only when pooling starts in April 2026, it might make sense to opt for some flexibility mechanism in this proposed price for surpluses. 

  1. Pricing Compliance Balances – Unrealistic Approach

The guidance provided that compliance deficits will be compensated for at the level of the penalty (€2.400 / ton VLSFOe) is an attractive, clear solution for the owner. But we do not see this stand the test of intense C/P negotiations, as there will be cheaper ways to comply than to pay the penalty. Realistically, there will be two options: Either an adjusted surcharge below the penalty level or a flexibility mechanism reflecting the pool prices. It should be secured though that the DOC holder receives a fair compensation for his extra effort in securing compliance and for the risk he carries in doing so. 

Related: BIMCO adopts FuelEU Maritime clause for charter parties

 

Photo credit: OceanScore
Published: 29 November, 2024

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FuelEU

BIMCO adopts FuelEU Maritime clause for charter parties

BIMCO FuelEU Maritime Clause for Time Charter Parties 2024 is developed to help stakeholders align their contractual frameworks ahead of the FuelEU Maritime regulation.

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International shipping association BIMCO on Monday (25 November) said it has adopted a new contractual clause for time charter parties relating to the FuelEU Maritime regulation, which will come into force on 1 January. 

The BIMCO FuelEU Maritime Clause for Time Charter Parties 2024, which is designed for incorporation into time charter parties, is developed to help stakeholders align their contractual frameworks.

The focus of the BIMCO’s Documentary Committee has been on developing a standard clause that is workable for most scenarios and commercial relationships. For longer period charter parties, the charterers will have the flexibility to decide on their compliance strategy whether that be utilising pooling, banking or borrowing. 

“This clause has been eagerly awaited by the industry. January is almost here, and the FuelEU Maritime regulation is complex. Because of this, we have carried out several industry consultations during the drafting process to make sure that we arrived at a clause that works in practice,” said Stinne Taiger Ivø, Deputy Secretary General and Director of Contracts at BIMCO.

“The FuelEU Maritime regulation will significantly impact the shipping industry, even more so than the EU Emissions Trading System. The clause we have adopted today is the result of a collaborative process between owners, charterers, P&I and legal experts and other stakeholders,” says Nicholas Fell, Chair of BIMCO’s Documentary Committee.

The company responsible for compliance with FuelEU Maritime under the new BIMCO clause is the shipowner. In reality, however, it may be a third-party shipmanager who 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 (ISM). BIMCO is therefore working on developing a clause for BIMCO’s ship management agreement, SHIPMAN.

In December last year, the Documentary Committee adopted a new Emission Trading Scheme Allowances Clause for BIMCO’s ship management agreement, SHIPMAN, and three ETS clauses for Voyage Charter Parties. Moreover, in June this year, the Documentary Committee adopted three ETS clauses for Contracts of Affreightment.

Other published decarbonisation clauses in BIMCO’s carbon clauses portfolio include the Emission Trading Scheme Allowances Clause for Time Charter Parties, CII Clause for Voyage Charter Parties, CII Operations Clause for Time Charter Parties and the EEXI Transition Clause for Time Charter Parties.

Antonia Panayides, partner in Reed Smith’s Transportation Industry Group who serves on the BIMCO drafting committee for FuelEU Maritime, said: “The new FuelEU Maritime Clause for Time Charter Parties is important for the industry, as the Regulation expressly provides that parties should look to their contractual agreements to implement the ‘polluter pays’ principle.

“It is not only time charter contracts that need to take FuelEU Maritime into account, many shipping contracts will need to consider the impact of FuelEU Maritime such as contracts of affreightment, ship management agreements, bunker supply agreements and sale and purchase contracts.

“The clause for time charter parties introduces an approach whereby charterers pay a ‘surcharge’ to owners if the vessel incurs a compliance deficit during the charter period. The parties are to agree when such payment should be made. The surcharge represents the owners’ exposure to a FuelEU penalty, proportionate to the charter period.

“Where the charterer redelivers the vessel with a surplus, the parties can agree on a sum to be paid by owners to charterers for generating such surplus, where that surplus remains with the vessel and has value.

“Subject to the duration of the charter period, charterers may also instruct owners on pooling, borrowing and banking.

“The clause can be adapted by the parties to suit their commercial arrangements, such as taking into account charter duration and whether owners have already committed to pools etc.

“Everyone affected by the Regulation feels strongly about its impact, and the clause has been structured to help achieve compliance. By offering guidelines and accommodating flexibility, the clause aims to provide a foundation for parties to collaborate and meet the Regulation's requirements.

“The new clause ensures that FuelEU Maritime compliance is integrated into time charters, emphasising shared responsibility under the ‘polluter pays’ principle.”

Related: BIMCO adopts new CII clause for voyage charter parties 

 

Photo credit: BIMCO
Published: 28 November, 2024

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