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Mar 31, 2021
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Lockton Edge
Edge
Norway

Scandinavian Green Recycling Initiatives

The European Union’s Emissions Trading System (EU ETS) was extended to cover emissions from shipping as of 1st January 2024.

The EU ETS is limited by a 'cap' on the number of emission allowances. Within the cap, companies receive or buy emission allowances, which they can trade as needed. The cap decreases every year, ensuring that total emissions fall.

Each allowance gives the holder the right to emit:

  • One tonne of carbon dioxide (CO2), or;
  • The equivalent amount of other powerful greenhouse gases, nitrous oxide (N2O) and perfluorocarbons (PFCs).
  • The price of one ton of CO2 allowance under the EU ETS has fluctuated between EUR 60 and almost EUR 100 in the past two years. The total cost of emissions will vary based on the cost of the allowance at the time of purchase, the vessel’s emissions profile and the total volume of voyages performed within the EU ETS area. The below is for illustration purposes:
  • ~A 30.000 GT passenger ship has total emissions of 20.000 tonnes in a reporting year, of which 9.000 are within the EU, 7.000 at berth within the EU and 4.000 are between the EU and an outside port. The average price of the allowance is EUR 75 per tonne. The total cost would be as follows:
  • ~~9.000 * EUR 75 = EUR 675.000
  • ~~7.000 * EUR 75 = EUR 525.000
  • ~~4.000 * EUR 75 * 50% = EUR 150.000
  • ~~Total = EUR 1.350.000 (of which 40% is payable in 2024)
  • For 2024, a 60% rebate is admitted to the vessels involved. However, this is reduced to 30% in 2025, before payment is due for 100% with effect from 2026.
  • Emissions reporting is done for each individual ship, where the ship submits their data to a verifier (such as a class society) which in turns allows the shipowner to issue a verified company emissions report. This report is then submitted to the administering authority, and it is this data that informs what emission allowances need to be surrendered to the authority.
  • The sanctions for non- compliance are severe, and in the case of a ship that has failed to comply with the monitoring and reporting obligations for two or more consecutive reporting periods, and where other enforcement measures have failed to ensure compliance, the competent authority of an EEA port of entry may issue an expulsion order. Where such a ship flies the flag of an EEA country and enters or is found in one of its ports, the country concerned will, after giving the opportunity to the company concerned to submit its observations, detain the ship until the company fulfils its monitoring and reporting obligations.
  • Per the EU’s Implementing Regulation, it is the Shipowner who remains ultimately responsible for complying with the EU ETS system.

There are a number of great resources on the regulatory and practical aspects of the system – none better than the EU’s own:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20230605

https://climate.ec.europa.eu/eu-action/transport/reducing-emissions-shipping-sector_en

https://climate.ec.europa.eu/eu-action/eu-emissions-trading-system-eu-ets/what-eu-ets_en

During the winter Edge has had discussions with several Scandinavian marine insurers on the subject of how wreck removal cover responds to green recycling requirements. Specifically we have addressed the issue of an EU flagged vessel suffering hull damage which in turn triggers a constructive total loss under the H&M policy, in a remote location on the South American West Coast, in other words very far from an EU approved recycling yard. Does the policy cover the considerable additional expenses that follow from towing or removing the hull over these distances? And furthermore, if the vessel is not an EU flag, how does the individual P&I Club propose that recycling is carried out, and to what degree will the additional cost of recycling at an EU yard be covered if the vessel’s flag state has NOT ratified the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships?

These discussions have recently triggered two notable initiatives from leading Scandinavian marine insurers.

Norwegian Hull Club

With interaction with Edge’s Special Risk resources the NHC has launched a “Sustainable Recycling Insurance” (SRI) that picks up these expenses should P&I not accept that the vessel needs to be recycled in the EU. The NHC have also provided environmentally focused shipowners flying say the Liberian flag with an insurance solution that funds EU green recycling at an affordable cost, on the condition there has been a total loss under the H&M insurance. The SRI insurance is shown at https://www.norclub.com/insights/sustainable-recycling-interest-new-cover-supports-clients-facing-total-loss-sustainability-challengesand at  https://edgegroup.com/portfolio/ – please contact us for further background on cover wording and pricing.

Gard

As the discussions were taking place Edge noted positive intents where Gard expressed the view that the club would cover EU recycling costs. However, we could not immediately see that this obligation was reflected in the P&I Rules. With Gard’s Update on 25 March, the Club it has made it resoundingly clear that it sees this as covered under the existing P&I rules: “This means that for EU-flagged vessels, we will cover the extra cost and travel necessary to make sure the vessel is recycled in line with EU regulations” says Andreas Brachel Gard’s Head of Environmental Claims. But Gard goes further and says “When dealing with vessels which are flagged outside of EU, Gard will make sure – as far as practically possible – that recycling is undertaken by a yard complying with the Hong Kong Convention as a minimum requirement.” So whilst not the cast-iron guarantee provided by the NHC’s insurance product, the “as far as possible” caveat should respond in most cases. With this stance we would expect Gard not to cover in only the most extreme of cases and where additionally it could be argued that moving the ship would represent environmental exposures of its own.

Gard’s article on the subject which also contains case examples can be read at https://www.gard.no/web/news/article?p_document_id=31417346

Consequences

We expect other clubs to make similar statements of those of Gard, and that this in turn will become the industry norm, with or without changes to the IGA Rules

If you have an interest in learning more of Edge’s Sustainability goals and activities please follow this link https://edgegroup.com/sustainability/

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