Fuel EU Maritime Transport Regulation: Exploring the main exemptions in articles 2(3), 2(4) and 2(6)
Articles 2(3), 2(4) and 2(6) of the Maritime Fuel Regulation provide specific exemptions that take into account the unique circumstances of routes and geographic regions. These provisions ensure that the overall objective of the Maritime Fuel Regulation is achieved. These provisions ensure that the overall objective of decarbonizing the maritime industry is met without sacrificing necessary connectivity and service in places that are more difficult to reach. These exemptions are valid until December 31, 2029.
This article examines three such exemptions under Articles 2.3, 4 and 6 of the regulation, with scenario-based interpretations from the European Sustainable Shipping Forum (ESSF). These insights are for guidance only and do not reflect the official position of the European Maritime Safety Agency (EMSA).
Flexibility and mechanisms for compliance.
- RFNBO incentives: Ships using RFNBOs benefit from multiplier effects that reduce the overall calculated GHG intensity for GHG emissions.
- Compliance pooling: Fleet managers can share compliance across multiple ships, allowing strategic flexibility.
- Penalties: Non-compliant ships are penalized with financial penalties, with the funds collected reinvested in decarbonizing shipping.
Overview of the FuelEU Shipping Regulation.
A key component of the European Union's "Fit for 55" climate initiative, the FuelEU Maritime Regulation [EU) 2023/1805] came into force on Jan. 1, 2025. To bring maritime transport in line with the EU's climate neutrality goals, this regulation aims to reduce the greenhouse gas (GHG) intensity of energy used on board ships operating in EU ports and waters.
Scope
FuelEU Maritime applies to commercial vessels over 5,000 GT, regardless of their flag, carrying cargo or passengers between EU ports. Excluded are
- Warships and naval auxiliary vessels
- Fishing vessels
- Non-mechanically powered vessels
- Ships owned or operated by the government for non-commercial services.
Core objectives
-
1.
Progressive greenhouse gas reduction targets.
Starting with a 2% reduction in 2025, regulations gradually increase to an 80% reduction in 2050, assuming a 2020 baseline.
-
2.
Promotion of non-organic renewable fuels (RFNBOs).
These include synthetic e-fuels and are promoted by favorable calculation multipliers to accelerate their introduction.
-
3.
Emission-free technologies at berth
Ships at berth in major EU ports should be connected to mainland power supply (OPS) or adopt zero-emission solutions to eliminate port-side emissions.
Main exemptions under Articles 2(3), 2(4) and 2(6)
Article 2(3): Passenger ships serving islands with less than 200,000 inhabitants
Scope: This exemption applies to passenger ships (excluding cruise ships) operating between ports on islands with a population of less than 200,000 within the same Member State, including energy used while in port.
Applicable countries: Croatia, Denmark, Finland, Greece, Italy, Malta, Portugal and Spain.
Scenarios:
- Scenario 1: Small island (within EEA) to a non-EU port - 50% FuelEU coverage.
- Scenario 2: Small island to mainland or another small island within the same member state - 0% FuelEU coverage.
- Scenario 3: Small island to mainland or another small island in another member state - 100% FuelEU coverage.
Article 2(4): Ships between outermost regions (OMRs).
Scope: Applies to ships sailing between ports in EU-designated outermost regions, including energy used while in port.
The table lists EU Outermost Regions (OMRs), whose ports of call are considered part of the respective Member States for regulatory purposes according to the Commission's guidelines.
| Member State | Outermost regions |
|---|---|
| Spain | Canary Islands |
| France | Guadeloupe French Guiana Martinique Mayotte Saint Martin Reunion |
| Portugal | Madeira Azores |
Applicable countries, along with a list of applicable ports: France, Portugal and Spain.
Scenarios:
- Scenario 1: EEA mainland port or OMR to a non-EEA port - 50% FuelEU exposure.
- Scenario 2: EEA mainland port to another mainland EEA port - 100% FuelEU exposure.
- Scenario 3: OMR to mainland EEA port (regardless of Member State) - 50% FuelEU exposure.
- Scenario 4: OMR to another OMR (regardless of Member State) - 0% FuelEU exposure.
Article 2(6): Passenger vessels under public service obligations (PSOs).
Scope: This exemption applies to passenger ships (except cruise ships) under public service obligation (PSO) or public service contract, as defined in Regulation (EC) No 1008/2008 or similar national or EU legislation.
Applicable countries: Croatia, Cyprus, France, Italy and Spain
Scenarios:
- Ships covered by a valid public service obligation and connecting remote regions, particularly where alternatives such as rail or road are impractical, may be exempted from FuelEU scope calculations, including emissions from port stays.
- This exemption recognizes the need to preserve critical regional mobility without subjecting essential services to the full compliance burden.
Important clarification
While exempt trips and port stays do not directly contribute to the scope of FuelEU Maritime energy, the fuel used during these activities can still be included in the total annual energy mix for compliance purposes. As such, operators must maintain and report detailed data to ensure accurate allocation and verification.
Conclusion
The FuelEU Maritime Regulation is a milestone in the EU's decarbonization roadmap. However, the carefully worded exemptions, particularly in Articles 2(3), 2(4) and 2(6), clearly demonstrate an awareness of regional differences and service obligations across the EU. These exemptions are essential to maintaining connectivity, ensuring affordability and maintaining the operational viability of sea routes serving isolated or sparsely populated areas.
For shipowners, operators and regulators alike, understanding these nuances is essential for strategic planning, compliance management and long-term investment in sustainable maritime operations. Since the current exemptions are only valid until Dec. 31, 2029, it is important that stakeholders do not view this as a permanent exemption. Instead, this transition period should be used to implement the necessary systems, processes and decarbonization strategies to ensure full compliance once the exemptions expire.
Disclaimer: This article is for guidance only and contains interpretations from discussions of the European Sustainable Shipping Forum (ESSF). It does not represent the official position of EMSA or the European Commission. References, such as OMRs, special routes and exemptions, are based on EMSA-linked sources and may vary; please refer to the official documents referenced throughout for accurate, up-to-date information.
Want to create a safe and healthy working and living environment?
We test, inspect and certify so organizations can innovate safely, quickly, efficiently and cost-effectively.