Account for Maritime Operators

Maritime operators and the union registry

This guidance does not purport to be and should not be considered a legal interpretation of the provisions and requirements of Act No 96/2023 on the EU ETS which transposes Commission Regulation (EU) No. 2019/1122 or any other related legal instrument.

All maritime operators who undertake maritime activities falling under the scope of Annex I of Directive 2003/87/EC (with later amendments) from 2024 and onwards are required to open a Maritime Operator Holding Account in the Union Registry. 

Maritime operators need a Maritime Operator Holding Account for compliance purposes. 

Maritime operators are required to monitor their greenhouse gas emissions in each year in accordance to their approved Annual Emissions Monitoring Plan (AEMP). 

In addition, maritime operators must submit an Annual Emissions Report (AER) by March 31st, where the previous year’s greenhouse gas emissions are aggregated and verified by a verifier. This means that emissions for 2024 must be reported by March 31st, 2025, 2025 emissions must be reported by March 31st, 2026, and so on. 

By September 30th each year maritime operators must surrender allowances in the Union Registry equivalent to their previous year’s verified emissions. If allowances are not surrendered by September 30th or if the amount of allowances surrendered is not sufficient to cover the emissions of the preceding year, maritime operators will be held liable for the payment of EUR 100 for each tonne of carbon dioxide equivalent emitted for which allowances have not been surrendered. That payment does not release the maritime operator from the obligation to surrender the missing allowances and the net compliance obligation is carried forward to next year’s compliance cycle. 

Please note that according to Act No. 96/2023 on the EU ETS which transposes Commission Regulation (EU) No. 2019/1122 maritime operators shall within 40 working daysfrom the publication of the list referred to in Article 3gf(2), point (a), of Directive (EU) 2003/87/EC on the EU ETS, specifying the administering authority in respect of a shipping company, or if the company is not on that list, within 65 working days of the first voyage falling within the scope of Article 3ga of that Directive, request the Environmental Agency of Iceland to open a Maritime Operator Holding Account in the Union Registry. Maritime operators shall provide the Icelandic Environment and Energy Agency with all documents required to open an account. Each shipping company shall have no more than one Maritime Operator Holding Account.

Opening a Maritime Operator Holding Account (MOHA) in the union registry

This guidance details information that must be provided to open a MOHA in the Icelandic part of the Union Registry. Please note that accounts will not be opened until all required documents have been submitted and relevant fees paid. Incomplete applications will be returned. 

1. General Information

Authorised Representative (AR) 

Each account must have at least two individuals as Authorised Representatives. The ARs have access to the MOHA in the Union Registry and are authorised to initiate processes such as surrender of allowances and transfer of allowances on behalf of the account holder. 

More than two ARs can be appointed to the account. An AR with ‘view only’ access may also be appointed to the account. A maximum of six ARs may be appointed. 

Please note that certain transactions in the Union Registry require actions to be undertaken by two Authorised Representatives to be finalised (or by an Authorised Representative and an Additional Authorised Representative, see below). These are:

• Addition to the Trusted Account List
• Surrender of allowances
• Deletion of allowances 
• Exchange of allowances

Additional Authorised Representative (AAR)

An Additional Authorised Representative may be appointed to the MOHA, but it is not mandatory. By appointing an AAR maximum security on the account is secured. Where AAR is appointed, the AAR has access to the MOHA and is required to authorise processes which were initiated by the account’s AR. The AAR does therefore act as a ‘second signatory’ for actions on the account which provides additional security.

You may appoint more than one AAR. A maximum of ten AARs may be appointed.

Please note that where an AAR is appointed to an account, the AAR approval is generally required for all transactions, such as:

• Transfer of allowances to other accounts 
• Surrender of allowances 

2. Steps to be completed to open a Maritime Operator Holding Account

The following steps must be completed to apply for a Maritime Operator Holding Account in the Union Registry. 

1. Read the Terms of Use of the Icelandic Emissions Trading Registry in the Union Registry.
2. Fill out the electrical information form. Please note that the shipping company should be listed as the account holder.
3. Create users in the Union Registry for each nominated Authorised Representative for the account.
   • Instruction on how to create a user in the Union Registry
   • The Union Registry website
4. Send all required documents (listed below) to Icelandic Environment and Energy Agency.
5. Pay required fees (see below).

Fees

The fees charged for opening and maintaining a Maritime Operator Holding Account in the Icelandic part of the Union Registry can be seen in the Icelandic Environment and Energy Agency’s tariff.

The annual fee for an account is calculated from the date when the account is created. The annual fee collected shall be multiplied by X/365, where X represents the number of days remaining in the year when the account is created.

An invoice will be sent to applicants of MOHA by the Icelandic Environment and Energy Agency. The account will not be opened until the payment has been received.

Address and support

All documents shall be sent to Icelandic Environment and Energy Agency. Electronic copies are approved and can be sent to: ets-registry@uos.is.

Hard copies can be sent to:

Icelandic Environment and Energy Agency
Berist til: Skráningarkerfi ETS
Suðurlandsbraut 24
108 Reykjavík
Iceland

The Agency has 20 working days after the receipt of a complete set of information as specified below to open the MOHA or to inform the prospective account holder of refusal to open the account.

3. Required documents

The documents listed below must be submitted to the Icelandic Environment and Energy Agency to open a MOHA in the Union registry. 

Legal entity documents 

1. Power of Attorney form, appointing your Authorised Representatives and Additional Authorised Representatives (optional). The form must be signed by a beneficial owner or a listed director of the Legal Entity. 
2. Copy of document proving the registration of the Legal Entity, e.g. Certificate of Incorporation. 
3. List of beneficial owners of the Legal Entity (those who own more than 25% of the legal entity’s shares or voting rights). 
4. List of directors of the Legal Entity.
5. List of ships under the shipowner’s responsibility, as well as their respective IMO ship identification number.
   • Note that in case of changes to this list, the shipowner shall inform the national administrator within 20 working days and provide it with an updated document, as well as with the name and IMO unique company and registered owner identification number of the new shipping company for each of the ships no longer under the shipowner’s responsibility. In the case of an ISM company, the national administrator shall be informed of changes within 10 working days of the change.
6. If the account holder is a part of a group, a document clearly identifying the structure of the group shall be provided. The document contain the entire group, i.e. all parent companies with more than 50% ownership or control over the applicant company, all parent companies’ subsidiary companies and subsidiaries of the applicant company.
7. If the shipping company has assumed responsibility for the ETS obligations or responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention for a registered shipowner, the following document should be submitted, signed both by the shipowner and the organisation or person.
   • Declaration indicating assumed responsibility.

Authorised Representatives documents

1. Criminal record
2. Affidavit declaration
3. Statement
4. Proof of identity, this may be a copy of one of the following
   • A passport
   • An identity card issued by a state that is a member of the European Economic Area or the Organisation for Economic Cooperation and Development
5. Proof of permanent address, this may be a copy of one of the following
   • The identity document submitted under point 4(b), if it contains the address of the permanent residence
   • Any other government-issued identity document that contains the address of permanent residence
   • If the country of permanent residence does not issue identity documents that contain the address of permanent residence, a statement from the local authorities confirming the nominee's permanent residence

Language 

All application documents submitted shall be in English or Icelandic. If the original document is in another language the documents must be accompanied with a certified translation to English or Icelandic.

Document Certification

All copies of documents submitted as evidence must be certified as a true copy by a Notary Public. If documents are issued outside Iceland, the copy must be Apostilled. The date of the certification or Apostille must not be more than three months prior to the date of the application.

• Information on where to get the document legalized

All data are handled in accordance with the Personal Data Protection Act (no. 77/2000) and Act No 96/2023 on the EU ETS which transposes Commission Regulation (EU) No. 2019/1122 for a standardized and secured registry system.