Insights

The imposition of new environmental obligations on Maltese ships, shipowners, and ship operators was perceived as a double-edged sword for its affected subjects. While the European Union Regulation 2015/757 augured well for a reduction in greenhouse gas emissions, the competitiveness of those in the EU industry, compared to their non-EU counterparts, was thrown open to debate. For this reason, the EU and its Member States are lobbying for a global approach to combat greenhouse gas emissions. Various strides have been made in this regard spearheaded by the Marine Environment Protection Committee (MEPC) within the IMO. However, for the time being, the Regulation may be lauded as a step in the right direction.

Shipowners, ship operators and other affected subjects may benefit from a timeline setting out their obligations chronologically. The MRV Regulation itself came into force on 1 July 2015, regulating ships exceeding 5,000 GT calling at any port under the jurisdiction of an EU Member State. For the purpose of measuring energy efficiency, each ship which falls within the scope of the Regulation had to submit a monitoring plan to an accredited verifier by 31 August 2017. If a ship falls under the scope of the Regulations for the first time after the previously indicated deadline, the monitoring plan is to be submitted within two months of the ship’s calling at any port under the jurisdiction of an EU Member State.

To this effect, the Maltese Merchant Shipping Directorate (‘the Directorate’) issued Notice No. 133 to remind shipowners, ship operators and other affected subjects to submit their monitoring plans for fuel consumption. A monitoring plan has to be submitted for each and every ship. A further notice (Shipping Notice 137) was issued by the Directorate concerning the development and operation of the Thetis MRV system – a system which provides a portal for the submission of monitoring plans to verifiers. The deadline for the submission of monitoring plans to accredited verifiers was 31 August 2017 – the verifiers would, in turn, ensure that the plans were compliant with the requirements of the MRV Regulation.

Co-author: Brandon Meli