Commission Delegated Regulation (EU) 2023/2776 as regards the rules for monitoring greenhouse gas emissions and other relevant information from maritime transport

Commission Delegated Regulation (EU) 2023/2776 relating to the monitoring, reporting, and verification of greenhouse gas emissions and other relevant information from maritime transport was published in the Official Journal (OJ) of the EU. The Delegated Regulation modifies Regulation (EU) 2015/757 to further promote the reduction of greenhouse gas emissions from maritime transport in a cost-effective manner. The amendments are in response to the need to include maritime transport activities in the EU Emissions Trading System (EU ETS) and to incorporate the monitoring, reporting, and verification of various „new“ emissions, namely methane (CH4) and nitrous oxide (N2O) emissions.
One of the significant changes introduced by the regulation is the revision of the methods for monitoring CO2 emissions based on fuel consumption to accommodate the inclusion of CH4 and N2O emissions within the scope of Regulation (EU) 2015/757. This involves updating the formula in Part A of Annex I to the regulation to consider the possibility of CH4 emissions originating from amounts of fuels not combusted, but released into the atmosphere as slipped emissions.
Additionally, the regulation introduces a new Part C on data management and control to provide companies with rules for the treatment of data gaps, covering cases of missing data or temporary non-applicability of the monitoring plan. This aims to ensure that companies have effective control systems in place to identify and mitigate risks of errors in the data flow from primary data to final data in the emissions report.
Furthermore, the regulation addresses the monitoring of other relevant information on an annual basis by companies, particularly in relation to the inclusion of the „new“ CH4 and N2O emissions within the scope of Regulation (EU) 2015/757. It specifies the indicators to monitor the average energy efficiency of ships and requires these indicators to be expressed as CO2-equivalent values.
The regulation also outlines the parameters that companies are required to monitor on an annual basis to comply with their reporting obligations, including the total aggregated emissions of greenhouse gases covered by Directive 2003/87/EC in relation to maritime transport activities. It establishes rules for the monitoring of a ship’s total aggregated greenhouse gas emissions and the necessary information to justify the application of any relevant derogation from the directive.
Finally, the regulation provides for derogations to be applied to the revised formula in Part A of Annex I to Regulation (EU) 2015/757 to align with the implementing acts adopted under Article 14(1) of Directive 2003/87/EC. This includes establishing rules for the treatment of biomass, renewable fuels of non-biological origin, and recycle carbon fuel as derogations to the general rule.