Luxembourg strongly supports sustainable shipping policies at the international level
Greenhouse Gases and C02 Emissions
IMO Data collection system (DCS) for fuel oil consumption of ships
The International Maritime Organization (IMO) adopted a mandatory Fuel Oil Data Collection System (DCS) for international shipping as part of its ongoing efforts to reduce greenhouse gases (GHGs) and carbon dioxide emissions in shipping. The new mandatory DCS will provide a basis for an objective, transparent and inclusive policy debate in the IMO’s Marine Environment Protection Committee, part of a roadmap to develop a comprehensive IMO strategy on reduction of GHGs emissions from ships.
As of 1 January 2019, all Luxembourg-flagged ships of 5,000 GT and above trading globally are required to collect consumption data for each type of fuel oil used, as well as other additional specified data including proxies for transport work. The reported data will include the following details:
- Data collection period (calendar year)
- Distance travelled
- Total fuel consumed for each type of fuel
- Hours underway under own propulsion
- DWT to be used as cargo proxy
Ship Energy Efficiency Management Plan (SEEMP) – Confirmation of Compliance
A description of the methodology used to collect and report fuel consumption data required by Regulation 22A of MARPOL Annex VI must be included within the SEEMP Part II.
The SEEMP must be verified by a Luxembourg authorized Recognised Organisation which will subsequently issue a Confirmation of Compliance on behalf of the Luxembourg flag.
Fuel Consumption Data – Statement of Compliance
Owners shall report aggregated Luxembourg ship fuel consumption data, collected in accordance with the SEEMP procedures, to a Recognised Organisation authorized by the Luxembourg Maritime Administration to carry out the verification process on its behalf. The data must be provided to the RO within three months of the end of each calendar year.
Additional documentation to facilitate data verification may include:
- a copy of the ship’s Data Collection Plan
- summaries of bunker delivery notes (BDNs), in sufficient detail to show that all fuel oil consumed by the ship is accounted for
- summaries of disaggregated data of fuel oil consumption, distance travelled and hours underway, in a format specified by the Administration
- information to demonstrate that the ship followed the Data Collection Plan set out in its SEEMP, including information on data gaps and how they were filled as well as how the event that caused the data gap was resolved
- copies of documents containing information on the amount of fuel oil consumption, distance travelled and hours underway for the ship’s voyages during the reporting period (e.g. the ship’s official logbook, oil record book, BDNs, arrival/noon/departure reports, etc.)
Upon satisfactory verification that the data has been collected per Regulation 22A of MARPOL Annex VI, the authorized RO will issue a Luxembourg Statement of Compliance to the ship. The Statement of Compliance is valid for one year and the first five months of the following calendar year and shall be kept on board. Verification of the reporting data and issuance of a Statement of Compliance must be completed no later than five months following the end of each calendar year.
The collected information is subsequently transferred to an IMO Ship Fuel Oil Consumption Database. The IMO produces an annual report to MEPC summarizing the data collected.
Energy Efficiency Index for Existing Vessels (EEXI)
The Energy Efficiency Index for Existing Vessels (EEXI), has been adopted by the IMO Marine Environmental Protection Committee (MEPC) with resolution MEPC.328(76) among the measures to amend MARPOL Annex VI concerning mandatory actions to reduce carbon emissions, entering into force on 1 November 2022.
Requirements for EEXI comes into effects starting from 1st January 2023 and applies retroactively to vessel above 400 GT falling under MARPOL Annex VI, through a one-time certification. Based on the above, the first annual reporting will be completed in 2023 and the first rating will be issued in 2024.
An EEXI technical file, including the EEXI calculation and supporting documentation, shall be established for the concerned vessels, submitting the same to a Recognized Organization (RO) prior to the International Energy Efficiency survey (IEE).
To avoid misunderstanding and delays in certification process, the EEXI verification and calculation, the EEXI technical file and any other relevant MARPOL technical requirement concerning surveys and verifications shall be submitted to the same Recognized Organization that classes the vessel (Delegated RO).
- CAM 5/2022 – Amendments to MARPOL Annex VI – EEXI/CII – Luxembourg Requirements;
- CAM 03/2017 – Regulation (EU) 2015/757 of the European Parliament and the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emission from maritime transport, and amending Directive 2009/12016 Guidelines for the development of a Ship Energy Efficiency Management Plan (SEEMP) (resolution MEPC.282(70));
- Regulation (EU) 2015/757 of the European Parliament and the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emission from maritime transport;
- Resolution MEPC.292(71) 2017 Guidelines for Administration verification of ship fuel oil consumption data;
- Resolution MEPC.293(71) 2017 Guidelines for the development and management of the IMO Ship Fuel Oil Consumption Database;
- MEPC.1/Circ. 871 on submission of data to the IMO data collection system of fuel oil consumption of ships from a State not party to MARPOL Annex VI;
- MEPC.1/Circ. 871 Sample format for the confirmation of compliance pursuant to regulation 5.4.5 of MARPOL Annex VI.
EU MRV Regulation
EU Regulation 2015/757 (as amended by Delegated Regulation 2016/2071) on the monitoring, reporting and verification of emissions of CO2 from maritime transport (“MRV Regulation”) establishes rules for the accurate monitoring, reporting and verification of CO2 emissions.
The MRV Regulation, which entered into force 1 July 2015, is the first step of the European Commission’s strategy to progressively integrate maritime emissions into the EU’s domestic greenhouse gas emission reduction policy.
The MRV Regulation applies to ships above 5000 GT, in respect of their CO2 emissions released during voyages from/to EEA ports carried out after 1 January 2018.
Warships, naval auxiliaries, fish-catching or fish-processing ships, ships not propelled by mechanical means, and government ships used for non-commercial purposes are excluded.
Ship activities originating or terminating in a port of call and serving the purpose of transporting passengers and cargo for commercial purposes are defined as voyages. This includes ballast voyages, from the last port of call where the ship discharges cargo or disembarks passengers to the next port of call where cargo is loaded or passengers embarked.
Ship movements not involving cargo or passenger transportation for commercial purposes are not subject to MRV Regulation requirements, including:
- extraction and subsequent carriage of dredged material;
- ice-breaking activities;
- carrying, laying, and repairing of underwater cables/pipelines for telecommunications, electric power transmission or other purposes;
- support to offshore installations, such as drilling rigs, natural gas and oil platforms, offshore wind farms.
“Ship to ship” transfers performed at sea are also covered by the MRV Regulation as part of a voyage calculated from the last port of call to the next port of call.
For a voyage to be covered by the MRV Regulation, at least one of the ports of call must be located in an EU territory. The MRV Regulation also applies to Norway and Iceland.
The following Overseas Countries and Territories do not qualify as EU ports of call:
- Greenland and the Faroe Islands
- French Polynesia, New Caledonia, Saint Barthélemy, Saint Pierre and Miquelon, Wallis and Futuna
- Aruba, Bonaire, Saba, Sint Eustatius, Curaçao, Sint Maarten
- Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Bailiwick of Guernsey, Isle of Man, Jersey, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, Saint Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands, Turks and Caico Islands, Akrotiri and Dhekelia
Responsibility for MRV compliance rests with the “MRV company”. This can be the Shipowner or any other organisation/person assuming responsibility for the operation of the ship.
MRV companies must satisfy the following monitoring requirements for ships operating under their responsibility:
- Submit a ship-specific monitoring plan to a MRV accredited verifier comprehensively documenting monitoring methods and procedures to be applied for each ship
- Monitor ship CO2 emissions, fuel consumption and other relevant information with a view to aggregate data in an annual ship-specific emissions report
- By 30 April of each year, the MRV company responsible for the ship on 31 December of the reporting period must submit a satisfactorily verified emissions report to the Commission using the THETIS MRV database
- By 30 June of each year, ships having carried out activities falling under the MRV Regulation during the precedent calendar year (reporting period X) shall carry on board a valid MRV Document of Compliance, issued by an accredited MRV verifier in accordance with the THETIS MRV database, when calling at EU/EEA ports
MRV Monitoring Plan
MRV monitoring plans shall be based on the template model in Annex I of Implementing Regulation (EU) 2016/1927. The following information must be included in the Plan:
- On-board Emission Sources (main engines, auxiliary engines, gas turbines, boiler, inert gas generator and fuel types)
- Responsibilities and procedures
- Management procedures and systems
- Uncertainty factors
The following monitoring methodologies may be applied to determine and calculate fuel consumption:
- Bunker Fuel Delivery Note (BDN) and periodic stock-takes of fuel tanks
- Bunker fuel tank monitoring on board
- Flow meters for applicable combustion processes
- Direct emissions measurements
Voyage Monitoring items include:
- Port of departure / arrival (AIS or log book data)
- Amount for each type of fuel consumed, including time at berth (ex. Bunker Delivery Note)
- Distance travelled (AIS or log book data)
- Time spent at sea (AIS or log book data)
- Cargo carried (Bill(s) of lading)
Annual monitoring parameters include:
- Total aggregated CO2 emitted within the scope of the MRV Regulation
- Total amount and emissions factor for each fuel type consumed
- Aggregated CO2 emissions from all voyages to, from and between EU/EEA ports
- CO2 emissions released at berth within EU/EEA ports
- Total distance travelled
- Total time spent at sea
- Total transport work
- Average energy efficiency
Accredited MRV Verifiers for Luxembourg-flagged Vessels
MRV Verifiers must be accredited by a National Accreditation Body (NAB) to perform MRV Regulation verification activities. All Luxembourg authorised Recognised Organisations are accredited MRV verifiers.
MRV Verifiers assess the conformity of the monitoring plan and assess annual ship emissions reports to:
- Verify accuracy and correctness to a reasonable level of assurance
- Identify inconsistencies and provide opportunity for rectification
- Issue a verification report and Document of Compliance (DOC)
- Inform the flag state and European Commission of DOC issuance
MRV companies can contract any duly accredited verifier, regardless of where the MRV company or the accredited verifier are based. Flag changes have no effect on the EU MRV reporting.
- Commission Delegated Regulation (EU) 2016/2072 on the verification activities and accreditation of verifiers
- Implementing Regulation (EU 2016/1927 on templates for monitoring plans, emissions reports and documents of compliance
- Implementation Regulation (EU) 2016/1928 on determination of cargo carried for categories of ships other than passenger, ro-ro and container ships
- Regulation (EU) 2015/757 on the monitoring, reporting, and verification of carbon dioxide emissions from maritime transport
- Delegated Regulation (EU) 2016/2071 amending Regulation (EU) 2015/757 as regards the methods for monitoring carbon dioxide emissions and the rules for monitoring other relevant information
- Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93
Ballast Water Management
The International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM Convention) establishes standards and procedures for the management and control of ships’ ballast water to prevent the spread of harmful aquatic organisms from one region to another. The BWM Convention entered into force on 8 September 2017.
The BWM Convention applies to ships registered under contracting Parties to the BWM Convention, which take up and use ballast water during international voyages.
Ships above 400 GT are subject to the approval of the BWM Plan, a survey and the provision of a BWM Certificate.
Ships below 400 GT must have an approved BWM Plan on board. Surveys and certification will be subject to the requirements set by the Administration.
Ships registered under a flag which has not ratified the BWM Convention may not be issued with the relevant Certificates. However, port States which are Parties to the BWM Convention will expect ships calling their ports to comply with the BWM Convention’s requirements to ensure no more favourable treatment.
Ballast Water Management Plan
Ships are required to implement and keep on-board a Ballast Water Management Plan approved by the Administration (Regulation B-1). The Ballast Water Management Plan is specific to each ship and includes a detailed description of the actions to be taken to implement the Ballast Water Management requirements and supplemental Ballast Water Management practices. The BMW Plan shall include safety procedures for the ships and crew associated with the BWM Plan and procedures for the disposal of sediments.
The approval and certification of BWM plans for ships flying the Luxembourg flag is delegated to authorized Recognised Organisations.
Ballast Water Record Book
Each ship shall have a Ballast Water Record Book (Regulation B-2) to record the following operations:
- ballast water taken on board
- ballast water circulated or treated for ballast water management purposes
- ballast water discharged into the sea
- ballast water discharged to a reception facility
- accidental or other exceptional discharges of ballast water
A Ballast Water Record Book entries shall be signed by the officer in charge of the operation concerned as well as the Master.
International Ballast Water Management Certificate
Ships of 400GT and above must have an International Ballast Water Management Certificate issued by or on behalf of the Flag State Administration which certifies that the ship carries out ballast water management in accordance with the BWM Convention and specifies which standard the ship is complying with, as well as the date of expiry of the Certificate.
Ships are required to be surveyed and certified. A BWM Certificate will be issued upon successful completion of:
- an initial survey, which shall verify that the Ballast Water Management plan and any other associated structure, equipment, system, fitting, arrangement and material or processes comply with the requirements of the BWM Convention
- a renewal survey at intervals specified by Administration
- an intermediate survey within three months before or after the second Anniversary date or within three months before or after the third Anniversary date of the Certificate
- an annual survey within three months before or after each anniversary date, including a general inspection of the structure, equipment, systems, fitting, arrangements and material or processes associated with Ballast Water Management plan to ensure that they have been maintained properly and remain satisfactory for the service for which the ship is intended
- an additional survey either general or partial shall be made after a change, replacement or significant repair of the structures, equipment, fittings, arrangements and material necessary to achieve full compliance with the Convention
Ballast Water Management Standards
The BWM Convention provides two ballast water management standards to prevent harm to the marine ecosystem.
Regulation D-1 Ballast Water Exchange Standard
All Ships covered by the BWM Convention must currently comply with the D-1 standard under which ships shall exchange their ballast water in open seas, away from coast areas.
Ships performing Ballast Water exchange shall do so with an efficiency of 95 per cent volumetric exchange of Ballast Water. For ships exchanging ballast water by the pumping-through method, pumping through three times the volume of each ballast water tank shall be considered to meet the standard described. Pumping through less than three times the volume may be accepted provided the ship can demonstrate that at least 95 percent volume metric exchange is met. An approved Ballast Water Management Plan and Ballast Water Management Certificate or Statement of Compliance must be on board.
All ships using ballast water exchange should:
- whenever possible, conduct ballast water exchange at least 200 nautical miles from the nearest land and in water at least 200 metres in depth, taking into account Guidelines developed by IMO
- in cases where the ship is unable to conduct ballast water exchange as above, this should be as far from the nearest land as possible, and in all cases at least 50 nautical miles from the nearest land and in water at least 200 metres in depth
When these requirements cannot be met areas may be designated where ships can conduct ballast water exchange. All ships shall remove and dispose of sediments from spaces designated to carry ballast water in accordance with the provisions of the ships’ ballast water management plan (Regulation B-4).
Regulation D-2 Ballast Water Performance Standard
The requirement to meet the D2 ballast water performance standard may be achieved through the installation of an appropriately approved ballast water management system. The deadline for installation of ballast water treatment system is the first International Oil Pollution Prevention (IOPP) renewal survey following 8 September 2017.
Ships conducting ballast water management shall discharge less than 10 viable organisms per cubic metre greater than or equal to 50 micrometers in minimum dimension and less than 10 viable organisms per milliliter less than 50 micrometers in minimum dimension and greater than or equal to 10 micrometers in minimum dimension; and discharge of the indicator microbes shall not exceed the specified concentrations.
Type approval for Ballast water treatment systems are determined according to IMO guidelines. The IMO maintains a list of Type Approved BWM Systems.
The United States is not a party to the BMW Convention. Ships calling US ports should therefore also comply with United States Coast Guard (USCG) type-approval procedures and BWM requirements. Those which intend to discharge ballast water must carry out exchange or treatment as well as fouling and sediment management. Ballast water exchange in US waters will only be permitted prior to treatment system implementation deadlines for treatment systems enter into force. It is worth noting that the USCG has introduced different BWTS implementation deadlines than the BWM Convention.
Luxembourg vessels are required to comply with the standards that at least meet the requirements of regulation D1 (Ballast Water Exchange Standards) until such time as Regulation D-2 (Ballast Water Performance Standards) becomes applicable to the ship.
The Luxembourg Maritime Administration has delegated BWM approval and certification to Recognised Organisations.
De-harmonization of the IOPP certificates from the HSSC
Given the challenges posed by the BWM Convention compliance date for ships to meet the D-2 Standard, the Luxembourg Maritime Administration has considered requests on a case-by-case basis for the early renewal and de-harmonization of the IOPP certificate from other statutory certificates covered by the Harmonized System of Survey and Certification (HSSC).
Existing ships must be D-2 compliant on the first IOPP renewal following entry into force if:
- this survey is completed on or after 8 September 2019, or
- a renewal IOPP survey is completed on or after 8 September 2014 but prior to 8 September 2017.
The ship should be D-2 compliant on the second IOPP renewal survey following entry into force, if the first renewal survey following the date of entry into force of the convention is completed prior to 8 September 2019 and if conditions 1 or 2 above are not met.
The IOPP Certificate should be harmonized with the other class and statutory HSSC certificates through an additional renewal survey.
- International Convention for the Control and Management of Ships’ Ballast Water and Sediments (BWM Convention)
- IMO Resolution MEPC.127(53) Guidelines for Ballast Water Management and development of ballast water management plans
- IMO Resolution A.868(20) Guidelines for the control and management of Ships’ Ballast Water to minimize the transfer of harmful aquatic organisms and pathogens
- CAM 08/2011 Ballast Water Management Convention
- CAM 10/2016 Entry into force of the Ballast Water Management Convention IOPP certificate