Overview
On September 6, 2021, the International Chamber of Shipping (ICS) announced that it had proposed a global carbon levy on carbon emissions from ships for consideration by the International Maritime Organization (IMO) to “accelerate the uptake and deployment of zero-carbon fuels.” The International Association of Dry Cargo Shipowners (INTERCARGO) co-sponsored the proposal.
ICS, which represents national shipowner associations and over 80% of the world merchant fleet, explained in its announcement that the carbon levy “would be based on mandatory contributions by ships trading globally, exceeding 5,000 gross tonnage, for each tonne of CO2 emitted.” Funds generated by the levy “would go into an ‘IMO Climate Fund’ which, as well as closing the price gap between zero-carbon and conventional fuels, would be used to deploy the bunkering infrastructure required in ports throughout the world to supply fuels such as hydrogen and ammonia, ensuring consistency in the industry’s green transition for both developed and developing economies.”
In this article, we review the developments leading up to this proposal and its prospects, and consider the implications for the shipping industry and supply chains more generally if a global maritime carbon levy were to be adopted by the IMO.
Background to the September 2021 ICS-INTERCARGO Proposal
The IMO is the United Nations agency responsible for setting global standards for the safety, security and environmental performance of international shipping, including air pollution from ships. Members of the IMO include States as well as non-governmental international organizations that have been granted consultative status (80 total), including major industry associations such ICS, INTERCARGO, the Cruise Lines International Association, and the International Bunker Industry Association. The IMO’s Maritime Environment Protection Committee (MPEC) is the subsidiary body responsible for addressing environmental issues. It is supported by working groups, including the Working Group on Reduction of GHG Emissions from Ships, the working group that received the ICS-INTERCARGO proposal.
For almost two decades, the IMO through the MEPC has explored the issue of GHG emissions in the shipping sector, which today accounts for more than 2% of global emissions. The IMO has sought to reduce emissions by setting targets and issuing various mandatory requirements. Mandatory carbon levies have been proposed, but never adopted.
In December 2003, the IMO adopted a resolution setting out policies and practices related to the reduction of GHG emissions from ships. Among other items, IMO directed the MEPC to prioritize its consideration of market-based measures (MBMs), such as carbon levies and emissions trading systems. Various proposals were submitted and an expert group was formed to evaluate their feasibility, including their impact on international trade, but further debate was postponed and then ultimately abandoned in 2013 by agreement of the MEPC at its 65th session.
The IMO’s focus since has been on technical regulations rather than carbon pricing. In July 2011, the IMO adopted a package of mandatory technical and operational requirements that apply to new ships of 400 gross tons and above, known as the Energy Efficiency Design Index (EEDI). The EEDI sets minimum energy efficiency levels for different ship types and sizes that grow more stringent over time. Under EEDI Phase 3, new ships must be 30% more energy efficient as compared to the base line. EEDI Phase 3 was initially proposed for 1 January 2025 and onwards but was subsequently brought forward to 2022 for several ship types. The reduction rate was also raised to 50% for container ships of 200,000 dead-weight tonnage and above. The IMO also adopted the Ship Energy Efficiency Management Plan (SEEMP), which requires ship operators to have in place a plan to improve energy efficiency through a variety of ship specific measures. These measures were followed in 2016 by mandatory fuel consumption monitoring and reporting requirements.
The groundwork for renewed discussion of MBMs was laid in 2018, when the IMO adopted is Initial Strategy on reducing GHG emissions from ships, along with a follow-up program to develop short-term and mid-term measures. The Initial Strategy, which is due to be revised in 2023, sets a target of cutting emissions by 50% by 2050 from 2008 levels, while taking measures to phase out GHG emissions entirely. Importantly, MBMs are categorized as mid-term measures in the Initial Strategy. Members may submit proposals on candidate short-term and mid-term measures to be finalized and agreed by the MEPC between 2023 and 2030. As the goal of net-zero by 2050 has become widely adopted by States, pressure has grown on the IMO to ensure its targets align with the Paris Agreement (which does not cover the shipping sector) and to seriously consider all tools at its disposal, including MBMs.
In the lead up to the MEPC’s June 2021 meeting, several MBM-related proposals were introduced. In March 2021, the Marshall Islands, a powerful influence at the IMO due to its large shipping registry, and the Solomon Islands, proposed a universal mandatory levy on all GHG emissions from international shipping. (MEPC 76/7/12).
In their proposal, the sponsors explained that the price necessary “to address the price differential between business-as-usual (BAU) emission-based technology options, including fuels, and decarbonized alternatives is unknown, but that “current evidence implies this likely requires a price on all GHG emissions in the range of $250-300 tonne carbon dioxide equivalent on heavy fuel oil by 2030.” Based on this evidence, they proposed a $100 per tonne levy commencing in 2025 with upward ratchets on a 5-yearly review cycle. The revenue generated would be divided into a fund to support climate change mitigation and adaptation efforts in vulnerable countries, administered under the mandate of the UN Framework Convention on Climate Change (UNFCCC), possibly through the Green Climate Fund, and a fund to subsidize R&D of new technologies and fuels administered by the IMO. The sponsors have since followed up with proposed draft amendments to MARPOL Annex VI that would implement their proposal for consideration by the MEPC at its 77th session, scheduled from November 22-26, 2021.
In April 2021, ICS submitted a proposal alongside seven other members, including INTERCARGO, urging the MEPC to expedite its consideration of MBMs and commence discussions “as soon as possible and before 2023, with a view to taking some decisions.” The sponsors explained that recent steps by the MEPC “will not be enough to deliver the level of ambition for 2050 set out in the Initial Strategy” and urged the MEPC to consider the development of MBMs alongside short-term funding measures for R&D into zero-carbon technologies. (MPEC 76/7/39).
Despite this renewed attention, MBMs were not the focus of the MEPC’s June meeting. The MEPC did announce amendments to its existing regulations, which will enter into force in November 2022: a technical requirement to reduce carbon intensity based on a new “Energy Efficiency Ship Index” (EEXI) and operational carbon intensity reduction requirements, based on a new operational carbon intensity indicator (CII). The amendments are wider in scope than the EEDI and the SEEMP as they apply to all ships, not just new builds.
- The EEXI indicates the energy efficiency of the ship compared to a baseline. Ships are required to meet a specific required EEXI, which is based on a required reduction factor (expressed as a percentage relative to the EEDI baseline). The EEXI requirement applies to all new vessels and existing vessels exceeding 400 gross tons.
- The carbon intensity reduction requirements would apply to ships already subject to the fuel oil consumption monitoring and reporting requirements . The carbon intensity reduction requirements would require each ship to report its actual annual operational CII to the administrative authority of the relevant IMO party. These data would be verified and compared to the required annual operational CII to determine the carbon intensity rating of the ship. Highly rated ships could receive benefits, whereas poorly rated ships would have to submit a corrective action plan to show the required CI would be achieved. The required operational CII would be determined annually.