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Jan 17, 2025
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Lockton P.L. Ferrari

Change in mandatory insurance requirements for vessels calling at Turkish Ports

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

Turkish Authorities have issued new rules to address the situation arising from maritime incidents caused by vessels insufficiently covered for P&I risks.

It is reported by OMUR MARINE (P&I Clubs local correspondent) that Turkey’s General Directorate of Maritime Affairs announced new conditions for P&I Insurers not listed in the respectable P&I Insurers list of the Ministry.

The “Additional Directive of the Turkish Straits Maritime Traffic Regulation” has been published by The Ministry of Transport and Infrastructure, General Directorate of Maritime Affairs, dated 09 January 2025.

The requirements must be fulfilled until the 20th of February 2025. Insurance companies meeting all conditions will be evaluated and, if deemed compliant, registered into the Port Management Information System. P&I Policies issued by Insurers not included in the “respectable list” will not be accepted by Turkish Authorities, and vessels insured by those companies will not be allowed to enter Turkish ports.

These requirements do not apply to the well-known P&I insurers already included in an approved ministry list of reputable providers.

The Turkish Government announced the regulation after “recent maritime accidents in which insurance policies submitted were not undertaken by the relevant insurance company… and the policies were claimed to be recently cancelled”.

Although there is no explicit reference that the decision was motivated by concerns about the “dark fleet” or of ageing vessels sailing out of Russia, it is evident that Turkish Authorities had these ships in mind during the decision-making process of these new insurance requirements.

We remain ready to assist wherever needed so please do not hesitate to reach out to your local Lockton P.L. Ferrari representative.

Change in mandatory insurance requirements for vessels calling at Turkish Ports
Change in mandatory insurance requirements for vessels calling at Turkish Ports
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