OPX (2026) €108,60 $122,98 -10.30% to prev. month
EUA €68.86 $80.22 -0.86% to prev. day
Best Practicescarbon marketEmissionseu carboneu emissionseu emissions trading systemEU ETSEUAsFuelEUfueleu maritime regulation
3 min read

Securing contractual clauses for EUA costs settlement 

Acquisition of EUAs constitutes a major cost burden for the responsible party so these costs need to be fairly allocated between the respective stakeholders – shipowner, manager, operator, cargo owner and charterer – to ensure economic accountability across the value chain.    The ‘polluter pays’ principle ultimately dictates the charterer, which is typically responsible for purchasing […]

OceanScore
Stakeholders in the shipping industry discussing EUA cost allocation under EU ETS.

Acquisition of EUAs constitutes a major cost burden for the responsible party so these costs need to be fairly allocated between the respective stakeholders – shipowner, manager, operator, cargo owner and charterer – to ensure economic accountability across the value chain.   


The ‘polluter pays’ principle ultimately dictates the charterer, which is typically responsible for purchasing fuel under many charter contracts, also should cover emission costs but this has yet to be stipulated by the EU. The burden of purchasing EUAs therefore remains on the owner, or technical manager, as DoC holder. 


This requires having clearly defined contractual structures in place and accurate, verified data to provide a single source of truth for all parties that can minimize the risk of pricing disputes.


While EUAs only have to be surrendered in September of the year following the reporting year, these need to be acquired on an ongoing basis in line with real-time emissions, thus racking up liabilities for the DoC holder from day one of EU ETS implementation. 


The EU ETS will therefore trigger multiple commercial transactions among stakeholders to cover their respective share of emissions costs in relation to voyage charters and these will need to be settled on an ongoing basis using accurate data to meet financial obligations to buy EUAs. 


Purchasing EUAs can be a significant expense for shipping companies that has an impact on economic factors such as operating costs and balance sheet risk. This is likely to have implications for pricing and other terms of contractual agreements among different stakeholders, including charterers and cargo owners.  


Consequently, charter parties must include EU ETS clauses that provide a contractual framework for settlement of EUA costs, as well as define how to request EUAs. 


A solid template is Bimco’s proposed contract clause with standard terms for settlement of transactions related to the cost of allowances that is intended to shield the shipowner from emissions liabilities incurred by the charterer. Basically, it states the owner and charterer will share all relevant data in a timely manner throughout the year to calculate the number of EUAs to be surrendered to the authorities for the period of the vessel charter party. 


Bimco has also prepared useful clauses in relation to the EU ETS that include definitions, responsibilities, time periods for the transfer of EUAs and remedies for failure to perform. 


While incorporating advantageous clauses depends on market dynamics, it is crucial to consider counterparty risk. Prepayments and collaterals become vital, especially when charterers lack a proven track record of trust and creditworthiness. Emphasizing the importance of regular settlements in mitigating counterparty risk is evident.  


In dealing with charter party EU ETS clauses, a crucial aspect is how to request EUAs. We strongly suggest avoiding settlements in funds; instead, requests and provisions should be made in EUAs, and the corresponding EUAs should be provided.  


Opting for cash-based settlements poses challenges in determining the right price and may require more complex structures. Due to the intraday volatility of EUA prices, which can often fluctuate by around 5 Euros, even a real-time money transfer based on a specific quote can be too late. In addition, given the different perspectives of charterers, owners, and managers, quotes from their respective traders can differ significantly.  

Related posts

Shipping companies prepare for FuelEU Maritime regulation and compliance.
FuelEUfueleu maritime regulationfueleu reportmaritime datashipping
7 min read

FuelEU for thought: new regulation leaves DoC holder with fuel liabilities risk, says OceanScore

A collaboration agreement has been signed between a classification society ClassNK and a maritime data and technology firm OceanScore to…

OceanScore
FuelEU Pooling
3 min read

FuelEU Pooling Deadline April 2026: What It Means for Shipping Companies

FuelEU pooling decisions must be finalised by April 30, 2026. This article explains what this means for shipping companies and…

Damla Hasenclever
eu emissions trading systemFuelEUfueleu maritime regulationfueleu plannermaritime regulation
6 min read

Running the numbers: OceanScore reveals ship segments set to feel €1.3bn sting of FuelEU penalties

OceanScore analyzes the financial impact of FuelEU Maritime regulations, forecasting penalties for various shipping sectors. The report highlights key areas…

OceanScore
emissions trading system euEU ETSeu regulationslngmaritime datamaritime operations
8 min read

Capitalizing on the benefits as EU regulations offer LNG bunkering boost

OceanScore examines the financial benefits of LNG under EU ETS and FuelEU Maritime regulations, focusing on compliance surpluses, pooling opportunities,…

OceanScore
View of Big Ben and the Union Jack flag in London used as a blog image discussing the UK Emissions Trading Scheme and its role in maritime decarbonisation
emissions trading scheme ukuk ets
9 min read

UK ETS Can Nudge Shipping Towards Decarbonisation, But Won’t Suffice on Its Own

EUAs can be purchased at a fixed price at auctions arranged during the year by the European Energy Exchange. They…

OceanScore
Newsletter banner for OceanScores April 2026 Pool-Price Index Market Commentary, featuring an aerial view of a large container ship moving through the ocean.
FuelEUFuelEU PoolingOPX
2 min read

OceanScore Pool-Price Index Market Commentary: April 2026

OPX declined further to €196 per tCO₂e in April, reaching a multi-month low. Continued surplus oversupply and the approaching pooling…

Albrecht Grell
Shipping industry professionals discussing EUA procurement strategies and emissions cost management.
carbon dioxide equivalentEmissionsemissions trading system eueu emissionseu emissions trading systemEU ETSEUAsEuropean Union emissions tradingsecondary market
3 min read

EUA Trading Strategy for Shipping: How to Buy EU Allowances Efficiently

EUAs can be purchased at a fixed price at auctions arranged during the year by the European Energy Exchange. They…

OceanScore
ESI
3 min read

Is the Environmental Ship Index (ESI) Worth It? A Commercial Perspective for Shipping Companies

Is participation in the Environmental Ship Index (ESI) worth it? For more than 6,800 vessels worldwide, the answer is yes.…

Damla Hasenclever
compliance manageretsFuelEU
2 min read

Compliance Manager 2.4: Advancing Maritime Compliance with Speed and Precision

Nearly 1.000 vessels are already using OceanScore’s Compliance Manager to manage their FuelEU Maritime processes and to secure the needed…

OceanScore
Asian shipping companies confront rising EU ETS costs, with major impacts on compliance and emissions trading.
Asiaemissions trading systemeu emissioneu emissions tradingshipping companiestrading system eu
5 min read

Asian shipowners face hefty emissions liabilities of €1bn for EU-bound voyages

Asian shipowners with vessels sailing to and from Europe are likely to face estimated emissions liabilities of over €1 billion…

OceanScore
Turn obligation into opportunity

Turn obligation into opportunity

Explore our maritime emissions compliance solutions designed to meet evolving regulations like EU ETS and FuelEU Maritime.

our clients and partners