Legal challenges of implementing the system of monitoring carbon dioxide emissions from maritime transport within ports of call under the jurisdiction of EU member states

Abstract

The subject analysed in this paper is European achievements and legal standards for the reduction of carbon dioxide (CO2) emissions from maritime transport. The author re-examines the ecological aspect of European maritime navigation and its important role in reducing CO2 emissions as the most important greenhouse gas. By reviewing the sources of European law relevant to this matter, the author examines European legal origins based on the provisions of Regulation (EC) No. 2015/757 of the European Parliament and of the Council on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport. In order to provide a systematic overview of the European legal framework, the author also analyses provisions that complement the rules and methods for monitoring CO2 emissions from maritime transport, i.e. the provisions contained in Regulation (EC) No. 2016/1927 and Regulation (EC) No. 2016/1928. The underlying concept of this paper is a discussion concerning the provisions of the regional monitoring, reporting and verification system of CO2 emissions from maritime transport, applicable to all ships irrespective of the flag the ship flies. The author further presents and analyses the effect that the application of the relevant provisions has on the reduction of CO2 emissions in ports and the measures that the European ports of call will be authorized to take, on 1st July 2019, in the sense of checking the Document of Compliance of the ship with the provisions of Regulation (EC) No. 2015/757. Taking into account the justification and functionality of the regional approach to addressing CO2 emissions issues from ships, the author considers it necessary to achieve international uniformity in order to reduce CO2 emissions from maritime transport globally.