The entry into force of the FuelEU Maritime regulation as of January 1, 2026 is bringing about a profound change in contractual relationships in maritime transport. This European regulation assigns new emission reporting responsibilities to the ship manager, who now assumes legal obligations as the holder of the Document of Compliance (DoC). This forces chartering contracts to be redesigned, especially with regard to the allocation of costs and financial risks.
The new legal structure of maritime charter contracts
Unlike the EU ETS, where shipowners were responsible for annual emissions reporting, the new regulation shifts that duty to the ISM, directly affecting the relationship between owners, charterers and managers. This reconfiguration calls for a more collaborative approach to contract drafting, with clauses that adequately reflect charter periods and compliance balances.
Traditional contracts rarely coincide with annual regulatory cycles. Therefore, it becomes critical to clearly establish who bears the financial consequences at the beginning and end of the reporting period. The ISM at the end of the year becomes liable for the entire fiscal year, even if it did not manage the vessel the entire time.
The Baltic and International Maritime Council has published a standard FuelEU clause for the SHIPMAN contract, which serves as the basis for management agreements. However, many aspects fall outside these templates. Hypothetical situations, operational exceptions or fuel variations must be addressed in specific annexes to avoid legal ambiguities.
The “polluter pays” principle becomes more relevant. Since the ISM does not decide on fuel type or vessel activity, emission penalties should be borne by those who control those decisions. This forces an equitable renegotiation between the parties.
DNV has developed Emissions Connect, a technology solution integrated into its Veracity platform, which allows tracking greenhouse gas emissions by vessel, voyage or fleet. This tool provides auditable data, validated by DNV, and facilitates the calculation of compliance balances. For ship managers, having accurate information reduces errors and speeds up the reporting process.
It also makes it possible to identify compliance surpluses or deficits and to build pooling strategies between vessels with different levels of efficiency, such as those powered by biofuels or ammonia. This creates new contractual opportunities, where the environmental performance of one vessel is offset by another with lower performance.
Rising operating costs and potential emissions penalties are forcing shipowners and charterers to cooperate with ISMs from a more strategic perspective. For those managing mixed fleets or third party vessels, such as Exmar, this represents a competitive advantage. Proper environmental risk management reinforces the role of the ISM as a technical advisor and enforcer of compliance.
In this new scenario regulated by FuelEU Maritime, having a common source of verifiable data becomes a necessity for negotiating in good faith. The actors involved must agree on transparent cost allocation mechanisms, even considering the possibility of money flowing in both directions: penalties or compensation according to environmental performance.
Source and photo: DNV