The European Shipowners Association (ECSA) has published a position paper calling on the European Commission to extend the derogation of the European Union's Emissions Trading System (EU ETS) applicable to the outermost regions to all journeys originating from or destined for these territories, regardless of the Member State of the other port, and to make it permanent beyond 2030. The organization, which groups together national shipowner associations from across the continent, makes this request within the context of the open review of the EU ETS directive.
The current derogation exempts from the obligation to pay rights for journeys between the outermost regions of a Member State and the rest of its ports —including routes within or between those regions— but only until December 31, 2030, and provided that both ports are in the same country. ECSA asserts that this limitation by Member State undermines the coherence of the exemption, given that all outermost regions share the same status under Article 349 of the Treaty on the Functioning of the EU and the same structural realities, regardless of the country to which they belong.
The association therefore calls for the restriction to be removed and for the derogation to be extended to all journeys originating from or destined for an outermost region of the EU, regardless of the state of the other port, as well as for routes between outermost regions of different countries. ECSA also proposes to cover the entire commercial route when the purpose of the trip is to trade with these regions, even if the ship makes intermediate stops at mainland ports related exclusively to the loading, unloading, consolidation, or redistribution of cargo coming from or destined for the outermost regions. The organization also requests that the exemption reaches the Overseas Countries and Territories (OCTs) of the EU, which in its view share the same challenges of remoteness and in some cases are adjacent to outermost regions.
In its argumentation, ECSA argues that the shipping lines connecting the outermost regions with the mainland have no alternative modal options by road or rail, so imposing the full cost of the EU ETS on these routes could make them economically unviable or shift the additional cost to local communities. The association frames its request within the principle of territorial cohesion and maintaining an operational single market.
The shipping sector has been included in the EU ETS since 2024 and under the FuelEU Maritime regulation since 2025. ECSA argues that European maritime transport controls 34.5% of global tonnage and moves around 76% of the EU's external trade, and reminds that European shipowners represent 44% of the global order book for vessels powered by sustainable fuels. The association cites a report from the Commission that places the sector's compliance in its first year within the EU ETS at over 99% of the rights issued on verified emissions.
Alongside the request concerning outermost regions, ECSA demands that the remaining maritime derogations of the EU ETS also be applied automatically and mandatorily in all Member States, without being subject to prior application from each country. If these changes are accepted, the organization believes that the current geographical scope of the EU ETS can be maintained without modifications.
In terms of islands, the current derogation exempts from the obligation to pay rights for passenger ships —except for cruises— and ro-pax on routes between mainland ports and islands of the same Member State, provided that these have fewer than 200,000 permanent residents, lack road or rail connection with the mainland, and the Member State explicitly requests the exemption. ECSA proposes to eliminate the population threshold, include island states, and apply the exemption to all ships, including cargo vessels. The organization argues that the cutoff by number of inhabitants does not reflect the real degree of energy and logistical isolation or the structural limitations shared by both large and small islands.
Within this point, ECSA explicitly requests that Ceuta and Melilla be included in the list of ports entitled to the derogation. The organization argues that, although they are not island ports by nature, their geographical situation on the African continent and the absence of land connection with Spain places them in a position equivalent to that of an island port in their relationship with continental Europe. The inclusion, according to the writing, would align the EU ETS derogation with the one already foreseen for both autonomous cities under FuelEU Maritime.
The document also addresses ships with ice classification. Currently, IA, IA Super, or equivalent class vessels, defined according to recommendations from the Baltic Marine Environment Protection Commission (HELCOM), may deliver 5% fewer rights than their verified emissions until December 31, 2030. ECSA requests that this derogation be made permanent and aligned with that of FuelEU Maritime, which also covers navigation under ice conditions, not just certified vessels. The association recalls that the higher consumption of these ships is due to the robustness of the hull and the greater power of the machinery, requirements attributed to safety and navigation reasons in areas such as the Baltic or Arctic, and not to a commercial decision. The organization also requests that the Commission consider introducing a similar exemption for ships certified under the Polar Code of the International Maritime Organization (IMO), in line with the corrective factors already recognized by the IMO in the EEDI index and in the operational carbon intensity regulation.
Another block of the document refers to transnational public service obligations. The current derogation exempts until 2030 passenger and ro-pax vessels operating under an obligation or contract of transnational public service between a Member State without a land border with another and its closest neighbor, over a specific list of routes. ECSA requests that this exemption also be made permanent and aligned with what FuelEU Maritime provides for national public service obligations, with automatic activation when the requirements are met.
Outside of the four blocks, the association calls for a specific exemption for search and rescue operations (SAR). ECSA argues that vessels participating in these operations act in compliance with a legal obligation and that their emissions do not correspond to a commercial trip, therefore they should not generate an obligation to deliver rights.