Enforcement of actions to reduce climate impact of maritime transport Background document Enforcement of actions to reduce climate impact of maritime transport European Climate Change Programme WG Ships First meeting DG CLIMA Brussels, 8th and 9th February 2011 Laure Chapuis European Commission DG Climate Action

Enforcement Who has obligations to comply? Enforcement is a MS prerogative –should an EU harmonised compliance system be developed? Would a competent national authority be designated? Developing a compliance control - What is needed to ensure compliance? Would it be sufficient to ensure random checks? Role of the remote sensing compliance mechanisms? Existing maritime mechanisms – What is the situation concerning controls? Can they be used to ensure compliance? Are any changes required? Is the existing documentation sufficient? Are current databases useful? Can SafeSeaNet and other ‘e-maritime’ applications be easily adapted?

Information Controlled Documentation available - Type of ship, IMO number, Notification of the last port, Bunker Delivery Note and the oil record book and possibly the EEDI certificates. Do we need additional information? Type of additional documentation needed - historic emissions/self-reporting of emissions? factual emissions or rough estimate based on modeling? pre-notification of the route plan? Registry of emissions for each ship (linked to IMO number)? A virtual contribution/allowance plan? Role of other media

Penalties / Sanctions Administrative penalties – Is a system of penalty sufficient? What should be the level of the penalty? Alternative sanctions - If failure to comply what are the type of sanctions to envisaged? Increased administrative penalty? Detention/confiscation? Banning/refusal of access? Withdrawal of a licence? ‘Name and shame’ sanctions - Would the publication of a non performing list of ships/companies/flags be an efficient mean of action? Could we consider using Equasis for this purpose? Risk of legal challenges