The published list determines to which administering authority each shipping company must surrender its allowances.

All shipping companies are now required to open a Maritime Operator Holding Account („MOHA”), which will be used to deliver and trade allowances, within 40 days of the publication of the list.

For shipping companies not on the list, the deadline is 65 working days from the first port of call falling within the scope of the EU ETS Directive.

List of administering authorities and shipping companies: EU Decision 2024/411 of 30 January 2024

The implementing regulation explicitly identifies the „shipowner” as the default party responsible for complying with EU ETS obligations, including surrendering allowances. However, an alternative entity may assume this responsibility if certain conditions set out in the Regulation are met.

To formally qualify to assume responsibility, the entity must have taken over the operation of the ship from the shipowner and agreed to assume all the duties and obligations set out in the ISM Code. Essentially, as a minimum, the company must hold the Document of Compliance (DOC). The transfer of responsibility for compliance with EU ETS obligations to other entities is not permitted.

The Regulation clarifies that it is not sufficient to be a DOC holder. In order for responsibility to be transferred, the entity must also have taken on the obligations associated with the EU ETS, including the surrender of allowances. In addition, documentation must be submitted to the competent authorities to show that the shipowner has authorised the other entity to fulfil EU ETS obligations. This documentation must be signed by both the shipowner and the entity assuming responsibility for EU ETS obligations.

The Regulation provides further details on the required documentation to be submitted to the authorities. It explicitly states that until such documentation is submitted, the authorities will consider the shipowner to be the responsible entity. Consequently, an agreement between a shipowner and a technical manager or bareboat charterer alone is not sufficient.

While there are restrictions on the entities that can establish a MOHA, it’s important to note that shipping companies are required to designate at least two „Authorised Representatives” when initiating the account. In this context, an external „service provider” may be nominated to act on behalf of the shipping company.