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Regulation Update RU 133

Subject: UK MRV Regulation – Reporting Emission data for


the UK MRV Regime
Total: 19 pages (including cover page)
The UK exited from the EU on 31 January 2020 and from 01 Jan 2022, UK will not be a part of the EU
MRV regime.

Please find below for compliance with the UK MRV Regulations:

1. Applicable to all vessels larger than 5,000 GT calling at any UK port.


2. An assessed UK MRV monitoring plan needs to be in place by 31 December 2021.
Alternately, a confirmation from the verifier for the suitability of the existing EU MRV monitoring
plan with the UK MRV regime is to be obtained.
a. For vessels having existing EU MRV Monitoring Plan approved by 16 September 2021,
a Statement of Compliance (SOC) has been obtained from our verifier in this regard.
b. For vessels whose EU MRV Monitoring Plan has been approved after 16 September
2021, an Addendum has been obtained from the verifier in this regard.
Vessels should file this SOC / Addendum (as applicable) along with the existing EU MRV
monitoring plan.
3. The emissions data for the following voyages shall be reported under the UK MRV regime:
a. Voyages between two UK ports
b. Voyages between a UK and non-EEA port
c. Emissions generated at a UK port for the above voyages.
4. Voyages between a port in the UK and a port in one of the UK overseas territories or
Crown dependencies – such as the Falkland Islands, Gibraltar, Isle of Man, Jersey – shall
monitored and reported under the UK MRV regime. However, ports in these overseas territories do
not count as UK ports under the UK MRV regime. So, voyages between two Crown dependencies
or overseas territories – such as between Jersey and Guernsey – should not be included. Likewise,
a journey from a port in an overseas territory or Crown dependency to a non-UK port should not be
included.
5. CO2 emissions for voyages in to / out of and in between UK ports is to be monitored and
reported to UK authorities every calendar year starting from 01 January 2022.
6. For accurate reporting to UK authorities, it is important that ship staff fill the data in the vessel noon
reports (VIS reports) correctly without missing out on any time span (i.e.365 days x 24 hours in a
year).
7. The noon reporting data will be reviewed by office periodically, so that correct data can be submitted
to the verifier as required.
8. Emission reports shall be submitted to the verifier by 15 February of each calendar year for the
previous year. Vessels subject to UK MRV regime will be issued a Document of Compliance (DOC)
upon completion of verification of this data.
9. By 30 June of each year, vessels subject to the UK MRV regime in the previous reporting
period to carry a valid Document of Compliance (DOC) certificate.
10. UK MRV compliance will be checked by port state control and other authorities in UK.

RU 133 Dated: 07 Jan 2022


Changes to legislation: There are currently no known outstanding effects for the The Merchant Shipping (Monitoring, Reporting
and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018. (See end of Document for details)

STATUTORY INSTRUMENTS

2018 No. 1388

EXITING THE EUROPEAN UNION


MERCHANT SHIPPING

The Merchant Shipping (Monitoring, Reporting


and Verification of Carbon Dioxide Emissions)
(Amendment) (EU Exit) Regulations 2018

Made - - - - 14th December 2018


Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by section 8 of the European Union
(Withdrawal) Act 2018 F1, makes the following Regulations.
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018 a
draft of this instrument has been laid before Parliament and approved by a resolution of each House
of Parliament:

F1 2018 c.16.

PART 1
Introduction

Citation and commencement


1. These Regulations may be cited as the Merchant Shipping (Monitoring, Reporting and
Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018 and come
into force on exit day.

Commencement Information
I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)),
see reg. 1
Document Generated: 2021-10-29
Changes to legislation: There are currently no known outstanding effects for the The Merchant Shipping (Monitoring, Reporting
and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018. (See end of Document for details)

PART 2
Amendment of subordinate legislation

Amendment of the Merchant Shipping (Monitoring, Reporting and Verification of Carbon


Dioxide Emissions) and the Port State Control (Amendment) Regulations 2017
2.—(1) The Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide
Emissions) and the Port State Control (Amendment) Regulations 2017 F2 are amended as follows.
(2) In regulation 2 (interpretation), at the end add—
“(3) In these Regulations a certificate of compliance includes a certificate issued
pursuant to the 2015 Regulation as it has effect in EU law on and after [F3IP completion
day].”.
(3) In regulation 4 (requirement to carry a document of compliance), in paragraph (4) for “under
the jurisdiction of an EEA State” substitute “ in the United Kingdom ”.
(4) Omit regulations 7 (expulsion order) and 8 (power to permit prohibited ships to enter port).

F2 S.I. 2017/825.
F3 Words in reg. 2(2) substituted (31.12.2020 immediately before IP completion day) by The Merchant
Shipping (Consequential Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1000), regs. 1, 3

Commencement Information
I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)),
see reg. 1

PART 3
Amendment of retained direct EU legislation

Amendment of Commission Regulation (EU) 2015/757


3.—(1) Commission Regulation (EU) 2015/757 of the European Parliament and of the Council
of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from
maritime transport, and amending Directive 2009/16/ECF4 is amended as follows.
(2) In Article 2 (scope), for “under the jurisdiction of a Member State”, wherever it appears,
substitute “ in the United Kingdom ”.
(3) In Article 3 (definitions), in the definition of “ship at berth” for “under the jurisdiction of a
Member State” substitute “ in the United Kingdom ”.
(4) In Article 4 (common principles for monitoring and reporting), for “under the jurisdiction of
a Member State”, wherever it appears, substitute “in the United Kingdom.
(5) In Article 5 (methods for monitoring CO2 emissions and other relevant information), in
paragraph 2—
(a) in the first sentence omit the words from “Commission” to “Article 23” and substitute
“Secretary of State may make regulations” and omit the full stop after “standards”,
(b) in the second sentence, for the words from “The Commission” to “Article 23” substitute
“ and ”.
(6) In Article 6 (content and submission of monitoring plan)—
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Changes to legislation: There are currently no known outstanding effects for the The Merchant Shipping (Monitoring, Reporting
and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018. (See end of Document for details)

(a) in paragraph 2, for “under the jurisdiction of a Member State”, substitute “ in the United
Kingdom ”,
(b) in paragraph 5, for the words “determined by the Commission” to the end substitute “ in
the form specified in regulations made by the Secretary of State. ”.
(7) In Article 9 (monitoring on a per-voyage basis)—
(a) in paragraph 1, for “under a Member State's jurisdiction” substitute “ in the United
Kingdom ”,
(b) in paragraph 2(a) for “under the jurisdiction of a Member State” substitute “ in the United
Kingdom ”.
(8) In Article 10 (monitoring on an annual basis), for “under a Member State's jurisdiction”,
wherever it appears, substitute “ in the United Kingdom ”.
(9) In Article 11 (content of the emissions report), in paragraph 1, omit the words from
“Commission” to “concerned” and substitute “Secretary of State”.
(10) In Article 12 (format of the emissions report), for paragraph 2 substitute—

“2. The technical rules establishing the data exchange formats, including the electronic
templates, shall be in the form specified by regulations made by the Secretary of State.”.
(11) In Article 15 (verification procedures), in paragraph 5—
(a) in the first sentence omit the words from “Commission” to “order” and substitute
“Secretary of State may make regulations”,
(b) in the second sentence, omit “When adopting these acts, the Commission” and substitute
“ The Secretary of State ”.
(12) In Article 16 (accreditation of verifiers), in paragraph 3
(a) In the first sentence, omit the words from “Commission” to “order” and substitute
“Secretary of State may make regulations ”,
(b) in the second sentence omit “When adopting these acts, the Commission” and substitute
“ The Secretary of State ”,
(c) in the third sentence, omit “in those delegated acts”.
(13) In Article 17 (document of compliance—
(a) in paragraph 4 for “Commission” substitute “ Secretary of State ”,
(b) in paragraph 5—
(i) omit the words from “Commission” to “acts” and substitute “Secretary of State may
make regulations specifying”; and
(ii) omit the second sentence.
(14) In Article 18 (obligation to carry a valid document of compliance on board) for “under the
jurisdiction of a Member State” substitute “ in the United Kingdom ”.
(15) Omit Article 19 (compliance with monitoring and reporting requirement).
(16) Omit Article 20 (penalties, information exchange and expulsion order).
(17) In Article 21 (publication of information and Commission report)—
(a) in the heading omit “and Commission report”,
(b) in paragraphs 1, 2, 3 and 4, for “Commission”, wherever it appears, substitute “ Secretary
of State ”,
(c) omit paragraphs 5 and 6.
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Document Generated: 2021-10-29
Changes to legislation: There are currently no known outstanding effects for the The Merchant Shipping (Monitoring, Reporting
and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018. (See end of Document for details)

(18) In Article 22 (international cooperation)—


(a) in paragraph 1—
(i) for “Commission” substitute “ Secretary of State ”, and
(ii) omit the words from “without prejudice” to the end;
(b) in paragraph 2, omit the words from “Commission” to “States” and substitute “ Secretary
of State”,
(c) in paragraph 3—
(i) for “Commission” substitute “ Secretary of State ”; and
(ii) omit the words after “Regulation” to the end.
(19) In Article 23 (exercise of delegation) —
(a) for the title substitute “ Regulations ”,
(b) for paragraph 1 substitute “ Any power of the Secretary of State to make regulations shall
be exercisable by statutory instrument. ”,
(c) for paragraph 2 substitute “ Any statutory instrument shall be subject to annulment in
pursuance of a resolution of either House of Parliament. ”,
(d) omit paragraphs 3 to 5.
(20) Omit Article 24(committee procedure).

F4 O.J. L 123, 19.5.2015, p.55.

Commencement Information
I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)),
see reg. 1

Amendment of Commission Implementing Regulation (EU) 2016/1927


4.—(1) Commission Implementing Regulation (EU) 2016/1927 of 4 November 2016 on
templates for monitoring plans, emissions reports and documents of compliance pursuant to
Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring,
reporting and verification of carbon dioxide emissions from maritime transport, and amending
Directive 2009/16/ECF5 is amended as follows.
(2) In article 3 (electronic template of the emissions report), for words from “available” until
the end of the sentence substitute “ published by the Secretary of State and available on the gov.uk
website ”.
(3) In article 4 electronic version of the document of compliance), for “available in Thetis MRV”
substitute “ published by the Secretary of State and available on the gov.uk website ”.
(4) In Annex I (template for monitoring plans)—
(a) for “EU MRV procedures”, wherever it appears, substitute “ MRV procedures ”,
(b) for “EU MRV Regulation” wherever it appears, substitute “ MRV Regulation ”.
(5) In Part D (results from annual monitoring of the parameters in accordance with article 10)
of Annex II for “ports under a Member State's jurisdiction”, wherever it appears, substitute “ a port
in the United Kingdom ”.

F5 O.J. L 299, 5.11.2016, p. 1.

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Document Generated: 2021-10-29
Changes to legislation: There are currently no known outstanding effects for the The Merchant Shipping (Monitoring, Reporting
and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018. (See end of Document for details)

Commencement Information
I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)),
see reg. 1

Signed by authority of the Secretary of State for Transport

Nusrat Ghani
Department for Transport Parliamentary Under Secretary of State

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Document Generated: 2021-10-29
Changes to legislation: There are currently no known outstanding effects for the The Merchant Shipping (Monitoring, Reporting
and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations 2018. (See end of Document for details)

EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations are made in exercise of the powers in section 8 of the European Union
(Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively
and other deficiencies arising from the withdrawal of the United Kingdom from the European
Union.
These Regulations make amendments to legislation relating to monitoring and reporting of carbon
dioxide emissions from maritime transport.
Part 2 amends the Merchant Shipping (Monitoring, Reporting and Verification of Carbon Dioxide
Emissions) and the Port State Control (Amendment) Regulations 2017 (S.I.2017/825).
Part 3 amends Commission Regulation (EU) 2015/757 of the European Parliament and of
the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide
emissions from maritime transport, and amending Directive 2009/16/EC (O.J. L 123, 19.5.2015,
p.55) and Commission Implementing Regulation (EU) 2016/1927 of 4 November 2016 on
templates for monitoring plans, emissions reports and documents of compliance pursuant to
Regulation (EU) 2015/757 of the European Parliament and of the Council on the monitoring,
reporting and verification of carbon dioxide emissions from maritime transport, and amending
Directive 2009/16/EC (O.J. L 299, 5.11.2016, p. 1).
Information supporting these Regulations, including templates of the emissions report and the
document of compliance, may be published in a Merchant Shipping Notice. Merchant Shipping
Notices are published by the Maritime and Coastguard Agency. Copies may be obtained from
https://www.gov.uk/government/organisations/maritime-and-coastguard-agency, by e-mail
from mnotices@ecgroup.co.uk with ‘Subscribe’ in the subject heading, or from M-Notices
Subscriptions, PO Box 362, Europa Park, Grays, Essex RM17 9AY; Tel: 01375 484548; Fax:
01375 484556.
An impact assessment has not been produced for this instrument as no, or no significant, impact
on the private or voluntary sector is forseen. An Explanatory Memorandum is published alongside
the instrument on www.legislation.gov.uk .

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Changes to legislation:
There are currently no known outstanding effects for the The Merchant Shipping (Monitoring,
Reporting and Verification of Carbon Dioxide Emissions) (Amendment) (EU Exit) Regulations
2018.

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