Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the second extraordinary session of the Marine Environment Protection Committee on the adoption of amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL)
Date: 2025-07-30
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: International Maritime Organisation, international convention, marine fuel, marine pollution, maritime safety, pollution from ships, reduction of gas emissions, revision of an agreement, safety standard, technical standard

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   EUROPEAN COMMISSION  Brussels, 30.7.2025  COM(2025) 431 final 2025/0242 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the International Maritime Organization during the second extraordinary session of the Marine Environment Protection Committee on the adoption of amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL)  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at  the  second  extraordinary  session  of  the  International  Maritime  Organization’s  Marine 
Protection  Environment  Committee  (MEPC/ES.2),  scheduled  to  take  place  from  14  to  17 
October 2025.  

During  that  session,  MEPC  is  envisaged  to  adopt  amendments  to  Annex  VI  to  the 
International Convention for the Prevention of Pollution from Ships (MARPOL). 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Convention on the International Maritime Organization  

The Convention on the International Maritime Organization (IMO) establishes the IMO. The 
IMO’s purpose is to provide a forum for co-operation in the field of regulation and practices 
relating to technical matters of all kinds affecting shipping engaged in international trade. It 
furthermore  aims  to  encourage  the  general  adoption  of  the  highest  practicable  standards  in 
matters  concerning  maritime  safety,  efficiency  of  navigation  and  prevention  and  control  of 
marine  pollution  from  ships,  promoting  a  level  playing  field.  It  also  deals  with  related 
administrative and legal matters. 

The Convention entered into force on 17 March 1958. 

All Member States are parties to the Convention. The Union is not a party to the Convention. 

The  International  Convention  for  the  Prevention  of  Pollution  from  Ships  was  concluded  in 
1973 (MARPOL Convention) is an IMO Convention, which entered into force on 2 October 
1983. All Member States are parties to MARPOL and 25 Member States are also parties to 
Annex VI1, which entered into force on 18 May 2005. The Union is not a party to MARPOL.  

2.2. 

The International Maritime Organization  

The  International  Maritime  Organization  (IMO)  is  the  United  Nations’  specialised  agency 
with  responsibility  for  the  safety  and  security  of  shipping  and  the  prevention  of  marine 
pollution  by  ships.  It  is  the  global  standard-setting  authority  for  the  safety,  security,  and 
environmental  performance  of  international  shipping.  Its  main  role  is  to  create  a  regulatory 
framework  for  the  shipping  industry  that  is  fair  and  effective,  universally  adopted  and 
universally implemented.  

Membership  in  the  IMO is  only  open to  States.  The  European  Commission’s relations with 
IMO are based today on the IMO Resolution A.1168(32) which prescribes the procedures and 
terms  for  the  cooperation  between  IMO  and  intergovernmental  organisations.  Based  on  this 
IMO  Resolution  and  further  arrangements  since  1974,  the  European  Commission  is 
participating as an observer in all the IMO Committee and Sub-Committee meetings. 

IMO’s Marine Environment Protection Committee (MEPC) consists of all the IMO Members 
and  meets  at  least  once  a  year.  It  addresses  environmental  issues  under  the  scope  of  the 
Organization  as  regards  the  control  and  prevention  of  ship-source  pollution  covered  by  the 
MARPOL  treaty,  including  oil,  chemicals  carried  in  bulk,  sewage,  garbage  and  emissions 
from  ships  to  air,  including  air  pollutants  and  greenhouse  gas  emissions.  Other  matters 

1 

Austria and Hungary have not yet ratified Annex VI of MARPOL. 

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covered  include  ballast  water  management,  anti-fouling  systems,  ship  recycling,  pollution 
preparedness  and  response,  and  identification  of  special  areas  and  particularly  sensitive  sea 
areas. 

Pursuant  to  Article  38(a)  of  the  IMO  Convention,  the  Marine  Environment  Protection 
Committee performs any duties assigned to them by the IMO Convention, the IMO Assembly 
or the IMO Council, or any duty within the above scope which may be assigned to them by or 
under any other international instrument and accepted by the IMO. Decisions of the Marine 
Environment Protection Committee, and of its subsidiary bodies, are adopted by a majority of 
their Members.  

MEPC/ES. 2 will adopt amendments to MARPOL in accordance with article 16 paragraph (2) 
subpoints (b), (c) and (d) of the Convention. These provisions stipulate that: 

(b)  any  amendment  proposed  and  circulated  as  above  shall  be  submitted  to  an  appropriate 
body by the Organization for consideration; 

(c) Parties to the Convention, whether or not Members of the Organization, shall be entitled to 
participate in the proceedings of the appropriate body; 

(d)  amendments  shall  be  adopted  by  a  two-thirds  majority  of  only  the  Parties  to  the 
Convention present and voting.  

In accordance with article 16(2)(f), an amendment shall be deemed to have been accepted in 
the following circumstances: 

(ii) an amendment to an Annex to the Convention shall be deemed to have been accepted in 
accordance with the procedure specified in sub-paragraph (f)(iii) unless the appropriate body, 
at  the  time  of  its  adoption,  determines  that  the  amendment  shall  be  deemed  to  have  been 
accepted  on  the  date  on  which  it  is  accepted  by  two-thirds  of  the  Parties,  the  combined 
merchant  fleets  of  which  constitute  not  less  than  fifty  per  cent  of  the  gross  tonnage  of  the 
world's merchant fleet. Nevertheless, at any time before the entry into force of an amendment 
to an Annex to the Convention, a Party may notify the Secretary-General of the Organization 
that its express approval will be necessary before the amendment enters into force for it. The 
latter shall bring such notification and the date of its receipt to the notice of Parties; 

(iii) an amendment to an Appendix to an Annex to the Convention shall be deemed to have 
been accepted at the end of a period to be determined by the appropriate body at the time of 
its  adoption,  which  period  shall  be  not  less  than  ten  months,  unless  within  that  period  an 
objection is communicated to the Organization by not less than one-third of the Parties or by 
the Parties the combined merchant fleets of which constitute not less than fifty per cent of the 
gross tonnage of the world's merchant fleet whichever condition is fulfilled; 

Based  on  the  below  provisions  under  article  16(2)(g),  the  amendment  shall  enter  into  force 
under the following conditions: 

(i) in the case of an amendment to an Article of the Convention, to Protocol II, or to Protocol I 
or to an Annex to the Convention not under the procedure specified in sub- paragraph (f)(iii), 
the amendment accepted in conformity with the foregoing provisions shall enter into force six 
months  after  the  date  of  its  acceptance  with  respect  to  the  Parties  which  have  declared  that 
they have accepted it; 

(ii) in the case of an amendment to Protocol I, to an Appendix to an Annex or to an Annex to 
the  Convention  under  the  procedure  specified  in  sub-paragraph  (f)(iii),  the  amendment 
deemed  to  have  been  accepted  in  accordance  with  the  foregoing  conditions  shall  enter  into 
force  six  months  after  its  acceptance  for  all  the  Parties  with  the  exception  of  those  which, 

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before that date, have made a declaration that they do not accept it or a declaration under sub-
paragraph (f)(ii), that their express approval is necessary. 

2.3. 

The envisaged act of the IMO’s Marine Environment Protection Committee  

On  14  to  17  October  2025,  during  its  second  extraordinary  session,  MEPC  is  to  adopt 
amendments to Annex VI of MARPOL concerning the: 

designation of the North-East Atlantic as a new Emission Control Area (ECA) (regulations 13 

and 14 and Appendix VII of MARPOL Annex VI);  

accessibility of the IMO Ship Fuel Oil Consumption Database (IMO DCS) and review clause 
of the short-term GHG reduction measure (regulations 20, 25, 27 and 28); and 

IMO Net-Zero Framework (new chapter 5). 

3. 

3.1. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF IN THE EXTRAORDINARY SESSION 
OF THE MARINE ENVIRONMENT PROTECTION COMMITTEE  

Amendments  to  regulations  13  and  14  and  Appendix  VII  of  MARPOL  Annex 
VI  

The  EU  Member  States  and  the  European  Commission,  together  with  the  UK,  Iceland, 
Denmark  (Greenland),  Faroes  Islands  submitted  a  document  to  MEPC  83,  proposing  to 
designate  the  North-East  Atlantic  Ocean  as  an  Emission  Control  Area  for  sulphur  oxides, 
particulate matter and nitrogen oxides, pursuant to MARPOL Annex VI. The Commission has 
been  actively  taking  part  to  the  preparatory  work  together  with  the  littoral  states  under  the 
coordination of the delegation of Portugal.  

The  Technical  Group  on  the  Designation  of  Particular  Sensitive  Sea  Areas  (PSSAs)  and 
Special Areas had determined that the proposed ECA satisfied the criteria set forth in Section 
3 of Appendix III to MARPOL Annex VI. Having noted the outcome of the technical group, 
MEPC 83 approved the designation of an ECA for the control of SOx, PM and NOx, for the 
North-East  Atlantic  Ocean  with  a  view  to  adoption  at  the  extraordinary  MEPC  session  in 
October 2025 (MEPC/ES.2). These amendments have been circulated through IMO Circular 
Letter No.5005 of 11 April 2025. 

The Union should support the proposal set out in the revised draft amendments to designate 
the  North-East  Atlantic  Ocean  as  an  Emission  Control  Area  for  sulphur  oxides,  particulate 
matter  and  nitrogen  oxides,  pursuant  to  MARPOL  Annex  VI,  because  it  will  contribute  to 
preventing,  reducing,  and  controlling  NOx,  SOx  and  PM  emissions  from  ships  to  achieve 
related health and environmental benefits while keeping the economic impact to the maritime 
sector manageable.  

3.2. 

Amendments to regulations 20, 25, 27 and 28 of MARPOL Annex VI 

MEPC 82 had established the Correspondence Group on the  review of the short-term GHG 
reduction  measure,  under  the  joint  coordination  of  Brazil,  Japan  and  the  European 
Commission.  

At its first meeting, the Intersessional Working Group on Air Pollution and Energy Efficiency 
(ISWG-APEE  1)  considered  among  other  topics  the  accessibility  of  IMO  Ship  Fuel  Oil 
Consumption Database (IMO DCS) data for analysis and the review clause of the short-term 
GHG reduction measure.  

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With regard to the accessibility of IMO DCS data, ISWG-APEE 1 considered the report of the 
Correspondence  Group,  which  had  agreed  to  improve  the  IMO  DCS  data  accessibility  at 
Phase 1. Following considerations, the Group prepared draft amendments to regulation 27 of 
MARPOL Annex VI.  

MEPC 83 instructed the APEE Working Group among others to finalize draft amendments to 
MARPOL Annex VI and associated guidelines regarding IMO DCS accessibility. 

Having  noted  that  the  Working  Group  had  further  considered  the  draft  amendments  to 
regulation  27  of  MARPOL  Annex  VI  and  to  associated  guidelines  regarding  IMO  DCS 
accessibility prepared by ISWG-APEE 1, MEPC 83 approved draft amendments to regulation 
27  of  MARPOL  Annex  VI  on  IMO  DCS  accessibility,  with  a  view  to  adoption  at  the 
extraordinary  MEPC  session  in  October  2025  (MEPC/ES.2).  These  amendments  have  been 
circulated by the IMO Secretariat through IMO Circular Letter No.5005 of 11 April 2025. 

The Union submitted a proposal on the matter (ISWG-GHG 13/7), asking to amend the DCS 
related to the granularity of data, additional data and accessibility.  The draft amendments are 
coherent with ISWG-GHG 13/7 in relation to increased accessibility. 

The Union’s position at ISWG-APEE 1 and MEPC 83 was to support the draft amendments to 
regulation 27. 

The  Union  should  support  these  amendments  because  they  will  further  improve  the 
accessibility of IMO DCS data to ensure the robust implementation of the CII framework and 
to facilitate its review. 

With regard to the clauses on the review of the short-term measure, ISWG-APEE 1 prepared 
draft  amendments  to  regulations  20,  25  and  28  of  MARPOL  Annex  VI,  using  the  annex  to 
document  MEPC  83/6/11,  prepared  by  the  Correspondence  Group  on  an  update  of  the 
reference to the IMO Strategy and on the Review of the Short-term GHG Reduction Measure, 
as a basis. 

MEPC 83 approved the draft amendments to regulations 20, 25 and 28 of MARPOL Annex 
VI with a view to adoption at the extraordinary MEPC session in October 2025 (MEPC/ES.2). 
These amendments have been circulated by the IMO Secretariat through IMO Circular Letter 
No.5005 of 11 April 2025. 

The Union’s position at ISWG-APEE 1 and MEPC 83 was to support the draft amendments 
as presented in MEPC 83/6/11. 

The Union should support these amendments because they are consequential to the adoption 
of  the  2023  GHG  IMO  Strategy  and  consequential  to  the  finalization  of  the  review  of  the 
Short Term Measures by the IMO and allows for further review of these regulations. 

3.3. 

Introduction of the new chapter 5 to MARPOL Annex VI 

At  MEPC  76  in  2021,  the  Committee  approved  a  Workplan  for  mid-  and  long-Term 
measures. During the discussions in subsequent MEPC and ISWG-GHG sessions, delegates' 
divergent  views  progressively  neared  on  outstanding  aspects  such  as  the  timeline  leading 
international  shipping  to zero GHG emissions, the possible inclusion of upstream  emissions 
from fuel production and distribution, the nature (economic or technical) of the measures and 
the  number  and  possible  combination  of  measures  necessary  to  achieve  any  overarching 
objective. 

MEPC  80  agreed  to  initiate  Phase  III  of  the  Work  Plan  on  the  development  of  mid-term 
measures,  with  a  view  to  be  approved  by  MEPC  83  (Spring  2025).  Adoption  during  an 

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extraordinary MEPC (six months after MEPC 83 – autumn 2025) has been agreed in order to 
come into force 16 months after adoption (2027).  

ISWG-GHG  16  held  ahead  of  MEPC  81  discussed  ways  how  to  develop  the  basket  of 
candidate mid-term measures to achieve the targets of the 2023 IMO GHG Strategy. ISWG-
GHG  17  further  developed  the  basket  of  candidate  mid-term  measure(s)  and,  in  particular, 
agreed  to  use  the  possible  draft  amendments  to  MARPOL  Annex  VI  on  the  net-zero 
framework as the basis for further consideration. This progress was noted by MEPC 82.  

During  ISWG-GHG  18,  further  discussion  took  place  on  how  to  develop  the  basket  of 
candidate mid-term measures to achieve the targets of the 2023 IMO GHG Strategy by further 
developing  the  draft  amendments  to  MARPOL Annex  VI  on  the  'IMO  net-zero  framework. 
Although there was willingness to achieve consensus several issues remained open and there 
was still strong disagreement as regards the economic element. The majority of delegations, 
including  the  Union,  advocated  for  a  levy  mechanism,  while  other  delegations  favoured  a 
flexible economic mechanism revolving around the GHG intensity levels of fuel. During and 
immediately  after  ISWG-GHG  18,  IMO  Parties  tabled  two  distinct  proposals  to  compose 
divergences.  

ISWG-GHG  19  continued  the  work  on  the  development  of  an  IMO  net-zero  framework, 
which  continued  during  MEPC  83  at  the  Working  Group  on  Reduction  of  GHG  Emissions 
from  Ships. Following extensive discussion, the Working Group finalized and agreed to  the 
draft amendments to MARPOL Annex VI on the IMO net-zero framework.  

During  the  consideration  of  the  reports  of  ISWG-GHG  19  and  the  Working  Group  on 
Reduction of GHG Emissions from Ships, one IMO Party requested a roll-call vote in relation 
to  the  approval  of  the  draft  amendments  to  MARPOL  Annex  VI  on  the  IMO  net-zero 
framework.  The  roll-call  voted  resulted  in  63  affirmative,  16  negative  votes  casted,  while 
approximately 25 abstained.  

Thus, MEPC 83 approved the draft amendments to MARPOL Annex VI on the IMO net-zero 
framework  with  a  view  to  adoption  at  the  extraordinary  MEPC  session  in  October  2025 
(MEPC/ES.2). These amendments have been circulated through IMO Circular Letter No.5005 
of 11 April 2025.  

The  Union  supported  and  submitted  various  documents  proposing  the  development  of  a 
Greenhouse Gas Fuel Standard (GFS) and a GHG-pricing levy. The Union has been playing a 
major role in the negotiations during the various sessions of MEPC and ISWG-GHG for the 
development  of  the  net-zero  framework.  IMO’s  net-zero  framework  includes  a  new  global 
fuel standard for ships and a global pricing mechanism for emissions.   

The  Union  should  support  the  new  Chapter  5  because  it  comprises  provisions  designed  to 
reduce greenhouse gas (GHG) emissions from international shipping aimed at achieving net-
zero greenhouse gas (GHG) emissions by 2050. It will also constitute a strong foundation for 
the required energy transition of shipping. Its goal is to achieve the targets set out in the 2023 
IMO Strategy on the Reduction of GHG Emissions from Ships, accelerate the introduction of 
zero  and  near-zero  GHG  fuels,  technologies  and  energy  sources,  and  support  a  just  and 
equitable transition.  

4. 

RELEVANT EU LEGISLATION AND EU COMPETENCE 

4.1. Relevant EU legislation  

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4.1.1.  Amendments to regulations 13 and 14 and Appendix VII of MARPOL Annex VI  

Directive  (EU)  2016/802  aims  to reduce  emissions  of  sulphur  dioxide  from  certain  liquid 
fuels2. It seeks to prevent and control air pollution caused by noxious emissions resulting from 
the  combustion  of  liquid  fuels  with  high  sulphur  content,  which  harm  human  health,  the 
environment,  and contribute to  acid  deposition. Article 6 and Article 13 as well as Annex  I 
refer  to  the  rules  laid  down  in  MARPOL  Annex  VI  on  maximum  sulphur  content  in  ship’s 
fuels and SOx emissions of ships in EU waters. 
The  Marine  Strategy  Framework  Directive3  requires  Member  States  to  take  the  necessary 
measures  to  achieve  or  maintain  'good  environmental  status'  in  the  marine  environment  by 
2020.  Good  environmental  status  means  "the  environmental  status  of  marine  waters  where 
these provide ecologically diverse and dynamic oceans and seas which are clean, healthy, and 
productive within their intrinsic conditions, and the use of the marine environment is at a level 
that  is  sustainable,  thus  safeguarding,  the  potential  uses  and  activities  by  current  and  future 
generations"  (Article  3(5)  of  the  Marine  Strategy  Framework  Directive).  Determining  good 
environmental  status  requires,  inter  alia,  that  human-induced  eutrophication  is  minimised, 
especially  adverse  effects  thereof,  such  as  losses  in  biodiversity,  ecosystem  degradation, 
harmful  algae  blooms  and  oxygen  deficiency  in  bottom  waters.  Reducing  nitrogen  inputs 
originating  from  maritime  shipping  through  the  application  of  the  Tier  III  requirements 
following  from  the  designation  of  the  Northeast  Atlantic  as  NECA,  will  support  the  EU 
Member  States  bordering  those  seas  with  achieving  'good  environmental  status'  under  the 
Marine Strategy Framework Directive.  
The  Ambient  Air  Quality  Directive4  (revised  in  2024)  sets,  inter  alia,  limit  values  for  NO2 
with the aim of avoiding, preventing or reducing harmful effects on human health and/or the 
environment  caused  by  air  pollution.  The  Ambient  Air  Quality  Directive  recognizes  that  in 
order to achieve the objectives set out in that Directive, it is particularly important to combat 
emissions  of  pollutants  at  source  in  particular  by  measures  which  would  limit  the  exhaust 
emissions  of  the  engines  of  various  mobile  and  stationary  sources  through  engine  or  fuel 
quality  standards.  The  Union  has  put  in  place  various  pieces  of  legislation  regulating 
emissions  by  means  of  engine  standards  for  various  road  transport  modes  (cars,  trucks  and 
vans through the Euro standards5) and non-road mobile machinery sources (inland waterway 
vessels and locomotives through the Non-Road Mobile Machinery Directive6.  

Therefore, the amendments to regulations 13 and 14 and Appendix VII of MARPOL Annex 
VI  on  the  adoption  of  an  Emission  Control  Area  are  capable  of  decisively  affecting  the 
content of Directive (EU) 2016/802. This is because the establishment of an Emission Control 
Area within EU Member States would affect the application of this Directive as its Article 6, 
Article 13 and its Annex I refer to the rules laid down in MARPOL Annex VI on maximum 
sulphur content in ship’s fuels and SOx emissions of ships in EU waters. 

2 
OJ L 132, 21.5.2016, p. 58. 
3 
OJ L 164, 25.6.2008, p. 19. 
4 
OJ L 152, 11.6.2008, p. 1 
5 
Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type 
approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and 
Euro 6) and on access to vehicle repair and maintenance information [OJ L 171, 29.6.2007, p. 1] and Regulation 
(EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor 
vehicles  and  engines  with  respect  to  emissions  from  heavy  duty  vehicles  (Euro  VI)  and  on  access  to  vehicle 
repair and maintenance information [OJ L 188, 18.7.2009, p. 1] 
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OJ L 59, 27.2.1998, p. 1 

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4.1.2.  Amendments to regulations 20, 25, 27 and 28 of MARPOL Annex VI 

Regulation  (EU)  2015/757  on  the  monitoring,  reporting  and  verification  of  carbon  dioxide 
emissions  from  maritime  transport7  (EU  MRV  Regulation)  establishes  the  legal  framework 
for an EU system to monitor, report and verify (MRV) GHG emissions. The regulation aims 
to deliver robust and verifiable GHG emissions data and energy efficiency indicators, inform 
policy  makers  and  stimulate  the  market  uptake  of  energy  efficient  technologies  and 
behaviours. It does so by addressing market barriers such as the lack of information. It entered 
into force on 1 July 2015. Improving the accessibility of the IMO Ship Fuel Oil Consumption 
Database  (IMO  DCS)  to  the  general  public  and  introducing  the  review  clause  of  the  short-
term  GHG  reduction  measure  are  aimed  to  reduce  the  carbon  intensity  of  international 
shipping  in  a  manner  consistent  with  the  level  of  ambition  set  out  in  the  IMO  Strategy  on 
reduction of GHG  emissions from  ships. Improving the  consistency/quality of data reported 
under DCS in the IMO DCS and expanding data access for the general public has implications 
to the collection and reporting of ship fuel oil consumption data, and therefore could affect the 
monitoring, verification and reporting of GHG emissions from shipping under the EU MRV 
Regulation. 
The EU Climate Law8 sets a binding Union climate targets (compared to 1990) of a reduction 
of net greenhouse gas emissions—emissions after deduction of removals—by at least 55% by 
2030 and by 90% by 2040 (proposal by the Commission). It also includes the aim of climate 
neutrality by 2050 and an aspirational goal for net negative emissions after this time.  

Based on the Commission’s proposals of the Fit for 55 package to reduce GHG emissions, the 
EU legislators adopted the following legal acts specifically targeting GHG emissions from the 
shipping sector:  

• 

• 

the revision of the EU Emission Trading System (ETS) Directive 2003/87/EC9 
by Directive (EU) 2023/95910 to extend the EU ETS to the maritime transport 
sector to apply as of 1 January 2024, (together with the necessary amendments 
to  the  EU  MRV  Regulation,11  to  revise  monitoring  and  reporting  rules,  also 
through the revision of the relevant implementing and delegated acts). 

Regulation  (EU)  2023/1805  focuses  on  the  use  of  renewable  and  low-carbon 
fuels in the maritime sector12 (FuelEU Maritime Regulation) and mandates the 
uptake thereof by ships calling at EU ports to apply as of 1 January 2025. 

7 
OJ L 123, 19.5.2015, p. 55 
8 
Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing 
the  framework  for  achieving  climate  neutrality  and  amending  Regulations  (EC)  No  401/2009  and  (EU) 
2018/1999 (‘European Climate Law’); OJ L 243, 9.7.2021, p. 1–17 
9 
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 
96/61/EC (Text with EEA relevance) OJ L 275, 25.10.2003, p. 32–46 
10 
Directive  (EU)  2023/959  of  the  European  Parliament  and  of  the  Council  of  10  May  2023  amending 
Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and 
Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union 
greenhouse gas emission trading system, OJ L 130, 16.5.2023, p. 134–202 
11 
Regulation (EU) 2023/957 of the European Parliament and of the Council of 10 May 2023 amending 
Regulation  (EU)  2015/757  in  order  to  provide  for  the  inclusion  of  maritime  transport  activities  in  the  EU 
Emissions  Trading  System  and  for  the  monitoring,  reporting  and  verification  of  emissions  of  additional 
greenhouse gases and emissions from additional ship types, OJ L 130, 16.5.2023, p. 105–114  
12 

OJ L 234, 22.9.2023, p. 48 

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Compliance  with  the  new  obligations  stemming  from  the  extension  of  the  EU  Emission 
Trading System (ETS) to maritime transport and the FuelEU Maritime Regulation will build 
on the monitoring, reporting, and verification system established by the EU MRV Regulation.  

These EU acts are in turn strongly linked with the IMO measures on GHG such as the IMO 
Data Collection System, the Energy Efficiency Existing Ship Index (EEXI), and the Carbon 
Intensity  Indicator (CII)  aiming  to  collect  and publish information  on  fuel  consumption and 
on the technical and operational energy efficiency of ships on a per-ship basis.  

Any  IMO  measure  on  GHG  matters,  which  will  require  the  monitoring,  verification  and 
reporting of GHG emissions from shipping, could affect the EU MRV Regulation as well as 
the EU ETS Directive and the FuelEU Maritime Regulation.  

Therefore,  the  amendments  to  regulations  20,  25,  27  and  28  of  Annex  VI  of  MARPOL 
concerning the accessibility of the IMO Ship Fuel Oil Consumption Database (IMO DCS) and 
the  review  clause  of  the  short-term  GHG  reduction  measure  are  capable  of  decisively 
affecting  the  requirements  applicable  under  Regulation  (EU)  2015/757,  Regulation  (EU) 
2023/1805 and Directive (EU) 2023/959.  

4.1.3. 

Introduction of the new chapter 5 to MARPOL Annex VI 

Regulation  (EU)  2015/757  on  the  monitoring,  reporting  and  verification  of  carbon  dioxide 
emissions  from  maritime  transport,  and  amending  Directive  2009/16/EC13  establishes  the 
legal framework for an EU system to monitor, report and verify GHG emissions and energy 
efficiency  from  shipping  (MRV  Regulation).  The  regulation  aims  to  deliver  robust  and 
verifiable  GHG  emissions  data,  inform  policy  makers  and  stimulate  the  market  uptake  of 
energy efficient technologies and behaviours. It does so by addressing market barriers such as 
the lack of information.  
The EU Climate Law14 sets a binding Union climate targets (compared to 1990) of a reduction 
of net greenhouse gas emissions—emissions after deduction of removals—by at least 55% by 
2030 and by 90% by 2040 (proposal by the Commission). It also includes the aim of climate 
neutrality by 2050 and an aspirational goal for net negative emissions after this time.  

Based on the Commission’s proposals of the Fit for 55 package to reduce GHG emissions, the 
EU legislators adopted the following legal acts specifically targeting GHG emissions from the 
shipping sector:  

• 

the revision of the EU Emission Trading System (ETS) Directive 2003/87/EC15 
by Directive (EU) 2023/95916 to extend the EU ETS to the maritime transport 
sector to apply as of 1 January 2024, (together with the necessary amendments 

13 
OJ L 123, 19.5.2015, p. 55. 
14 
Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing 
the  framework  for  achieving  climate  neutrality  and  amending  Regulations  (EC)  No  401/2009  and  (EU) 
2018/1999 (‘European Climate Law’); OJ L 243, 9.7.2021, p. 1–17 
15 
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a 
scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 
96/61/EC (Text with EEA relevance) OJ L 275, 25.10.2003, p. 32–46 
16 
Directive  (EU)  2023/959  of  the  European  Parliament  and  of  the  Council  of  10  May  2023  amending 
Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and 
Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union 
greenhouse gas emission trading system, OJ L 130, 16.5.2023, p. 134–202 

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to  the  EU  MRV  Regulation,17  to  revise  monitoring  and  reporting  rules,  also 
through the revision of the relevant implementing and delegated acts).  

• 

Regulation  (EU)  2023/180518  (FuelEU  Maritime  Regulation)  focuses  on  the 
use of renewable and low-carbon fuels in the maritime sector and mandates the 
uptake thereof by ships calling at EU ports to apply as of 1 January 2025. 

Compliance  with  the  new  obligations  stemming  from  the  extension  of  the  EU  ETS  to 
maritime  transport  and  the  FuelEU  Maritime  Regulation  will  build  on  the  monitoring, 
reporting, and verification system established by the EU MRV Regulation.  

Both the EU ETS Directive and the FuelEU Maritime Regulation contain review clauses for 
the event that IMO adopts a global fuel standard or a market-based measure. More precisely:  

• 

• 

The FuelEU Maritime Regulation in its Article 30(5) stipulates that in the event 
of  the  adoption  by  the  IMO  of  a  global  GHG  fuel  standard  or  global  GHG 
intensity  limits  for  the  energy  used  on  board  by  ships,  the  Commission  shall 
present a report to the European Parliament and to the Council. In that report, 
the  Commission  shall  examine  that  global  measure  as  regards  its  ambition  in 
light  of  the  objectives  of  the  Paris  Agreement  and  its  overall  environmental 
integrity. It shall also examine any issue related to the possible articulation or 
alignment  of  this  Regulation  with  that  global  measure,  including  the  need  to 
avoid  duplicating  regulation  of  GHG  emissions  from  maritime  transport  at 
Union  as  well  as  international  level.  Where  appropriate,  that  report  may  be 
accompanied  by  a  legislative  proposal  to  amend  this  Regulation,  consistent 
with the Union economy-wide GHG emission commitments, and with the aim 
of  preserving  the  environmental  integrity  and  effectiveness  of  the  Union 
climate action. 

the  EU  ETS  Directive  in  its  Article  3gg(1)  stipulates  that  In  the  event  of  the 
adoption by IMO of a global market-based measure to reduce greenhouse gas 
emissions from maritime transport, the Commission shall review this Directive 
in  light  of that adopted  measure. To that end, the Commission  shall submit  a 
report to the European Parliament and to the Council within 18 months of the 
adoption  of  such  a  global  market-based  measure  and  before  it  becomes 
operational.  In  that  report,  the  Commission  shall  examine  the  global  market-
based measure as regards: (a) its ambition in light of the objectives of the Paris 
Agreement;  (b)  its  overall  environmental  integrity,  including  in  comparison 
with  the provisions of this  Directive covering maritime transport;  and (c) any 
issue  related  to  the  coherence  between  the  EU  ETS  and  that  measure.  Where 
appropriate,  the  Commission  may  accompany  the  report  with  a  legislative 
proposal to amend this Directive in a manner that is consistent with the Union 
2030  climate  target  and  the  climate-neutrality  objective  set  out  in  Regulation 
(EU)  2021/1119,  and  with  the  aim  of  preserving  the  environmental  integrity 
and  effectiveness  of  Union  climate  action,  in  order  to  ensure  coherence 

17 
Regulation (EU) 2023/957 of the European Parliament and of the Council of 10 May 2023 amending 
Regulation  (EU)  2015/757  in  order  to  provide  for  the  inclusion  of  maritime  transport  activities  in  the  EU 
Emissions  Trading  System  and  for  the  monitoring,  reporting  and  verification  of  emissions  of  additional 
greenhouse gases and emissions from additional ship types, OJ L 130, 16.5.2023, p. 105–114  
18 Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of 
renewable  and  low-carbon  fuels  in  maritime  transport,  and  amending  Directive  2009/16/EC,  OJ  L  234, 
22.9.2023, p. 48–100 

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between  the  implementation  of  the  global  market-based  measure  and  the  EU 
ETS, while avoiding any significant double burden. 

Any  IMO  measure  on  GHG  matters,  which  will  require  the  monitoring,  verification  and 
reporting of GHG emissions from shipping, could affect the EU MRV Regulation as well as 
the EU ETS Directive and the FuelEU Maritime Regulation.  

Therefore, the new chapter 5 to Annex VI of MARPOL on the IMO Net-zero framework is 
capable of decisively affecting the requirements applicable under Regulation (EU) 2015/757, 
Regulation (EU) 2023/1805 and Directive (EU) 2023/959. 

4.2. 

EU competence 

The subject matter of the envisaged acts concerns an area for which the Union has exclusive 
external competence by virtue of the last limb of Article 3(2) TFEU, as the envisaged acts are 
liable to ‘affect common rules or alter their scope’. 

5. 

LEGAL BASIS 

5.1. 

Procedural legal basis 

5.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement.19 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules  of  international  law  governing  the  body  in  question.  It  concerns,  in  particular,  the 
situation  where  the  international  agreement  that  sets  up  the  body  provides  that  its  decisions 
shall  be  binding  upon  the  parties.  This  is  the  case  for  instance  when  the  international 
agreement  grants  the  body  the  power  to  amend  certain  aspects  of  the  agreement  or  its 
annexes. 

5.1.2.  Application to the present case 

The IMO’s Marine Environment Protection Committee is a body set up by an agreement, the 
Convention on the International Maritime Organization.  

The envisaged acts which this IMO committee is called upon to adopt are amendments to the 
MARPOL Convention’s Annex VI. Such amendments will be binding under international law 
in accordance with Article 1 of the MARPOL Convention. 

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

19 

Case C-399/12 Germany v Council (OIV), ECLI:EU:C:2014:2258, paragraph 64.  

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5.2. 

Substantive legal basis 

5.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

5.2.2.  Application to the present case 

IMO is the United Nations specialized agency set up by a Convention, the IMO Convention, 
with  responsibility for the safety  and security of  shipping  and the prevention of marine  and 
atmospheric pollution by ships.  

According to the IMO Convention, the purpose of the Organization is to provide machinery 
for  co-operation  among  Governments  in  the  field  of  governmental  regulation  and  practices 
relating to technical matters of all kinds affecting shipping engaged in international trade; to 
encourage  and  facilitate  the  general  adoption  of  the  highest  practicable  standards  in  matters 
concerning the maritime safety, efficiency of navigation and prevention and control of marine 
pollution from ships.  

IMO’s MEPC Committee will adopt amendments to Annex VI of the MARPOL Convention, 
which  is  the  main  international  convention  covering  prevention  of  pollution  of  the  marine 
environment by ships from operational or accidental causes.  

These  amendments  focus  on  preventing,  reducing,  and  controlling  emissions  from 
international shipping, while promoting global connectivity through maritime transport.  

The above-mentioned amendments to Annex VI to the MARPOL Convention pursue several 
objectives  in  the  areas  of  maritime  transport  and  environment  which  are  inseparably  linked 
without one being secondary and indirect in  relation to the other. Therefore, the substantive 
legal  basis  of  the  decision  has  to  include  the  corresponding  substantive  legal  bases,  namely 
both Articles 100(2) and 192(1) TFEU. 

5.3. 

Conclusion 

The  legal  basis  of  the  proposed  decision  should  be  Article  100(2)  and  192(1)  TFEU,  in 
conjunction with Article 218(9) TFEU. 

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2025/0242 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the International 
Maritime Organization during the second extraordinary session of the Marine 
Environment Protection Committee on the adoption of amendments to the International 
Convention for the Prevention of Pollution from Ships (MARPOL) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 100(2) and 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The Convention on the International Maritime Organization (‘IMO’) entered into force 
on 17 March 1958.  

The  IMO  is  a  specialised  agency  of  the  United  Nations  with  responsibility  for  the 
safety and security of shipping and the prevention of marine and atmospheric pollution 
by  ships.  All  Union  Member  States  are  members  of  the  IMO.  The  Union  is  not  a 
member of the IMO. 

Pursuant  to  Article  38(a)  of  the  Convention  on  the  IMO,  the  Marine  Environment 
Protection  Committee  (MEPC)  performs  such  functions  as  are  or  may  be  conferred 
upon the IMO by or under international conventions for the prevention and control of 
marine pollution from ships, particularly with respect to the adoption and amendment 
of regulations or other provisions. MEPC during its second extraordinary meeting will 
adopt amendments to MARPOL in accordance with article 16 paragraph (2) subpoints 
(b), (c) and (d).  

The  IMO’s  Marine  Environment  Protection  Committee,  in  its  second  extraordinary 
session  from  14  to  17  October  2025,  is  to  adopt  amendments  to  Annex  VI  of  the 
International  Convention  for  the  Prevention  of  Pollution  from  Ships  (MARPOL)  on 
the  designation  of  the  North-East  Atlantic  as  a  new  Emission  Control  Area 
(regulations 13 and 14 and Appendix VII), on the accessibility of the IMO Ship Fuel 
Oil  Consumption  Database  (IMO  DCS)  and  review  clause  of  the  short-term  GHG 
reduction  measure  (regulations  20,  25,  27  and  28),  and  on  the  IMO  Net-Zero 
Framework (new chapter 5). 

The envisaged acts of the MEPC will have legal effects. 

 It is therefore appropriate to establish the position to be taken on the Union’s behalf 
during  the  extraordinary  session  of  the  IMO’s  Marine  Protection  Environment 
Committee, as the envisioned acts are capable of decisively influencing the contents of 
Union  law,  namely  Directive  (EU)  2016/802  relating  to  a  reduction  in  the  sulphur 

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(7) 

content  of  certain  liquid  fuels1,  Regulation  (EU)  2015/757  on  the  monitoring, 
reporting  and  verification  of  carbon  dioxide  emissions  from  maritime  transport2, 
Directive  (EU)  2023/959  amending  Directive  2003/87/EC  establishing  a  system  for 
greenhouse  gas  emission  allowance  trading  within  the  Union  and  Decision  (EU) 
2015/1814 concerning the establishment and operation of a market stability reserve for 
the  Union  greenhouse  gas  emission  trading  system3,  Regulation  (EU)  2023/1805  on 
the use of renewable and low-carbon fuels in maritime transport4. 

Therefore,  the  Union  should  support  the  amendments  to  regulations  13  and  14  and 
Appendix  VII  to  Annex  VI  of  MARPOL  because  it  will  contribute  to  preventing, 
reducing,  and controlling NOx, SOx  and PM emissions  from  ships to  achieve related 
health and environmental benefits while keeping the economic impact to the maritime 
sector manageable. The Union shall also support the amendments to regulation 27 of 
Annex  VI  of  MARPOL,  because  they  will  further  improve  the  accessibility  of  IMO 
DCS data to ensure the robust implementation of the CII framework and to facilitate 
its review. The Union shall support the amendments to regulations 20, 25, 27 and 28 
of Annex VI of MARPOL, because they are consequential to the adoption of the 2023 
GHG IMO Strategy and to the finalization of the review of the Short-Term Measures 
by the IMO and allow for further review of these regulations. The Union should also 
support  the  introduction  of  the  new  chapter  5  to  Annex  VI  of  MARPOL,  because  it 
comprises  provisions  designed  to  reduce  greenhouse  gas  (GHG)  emissions  from 
international  shipping  aimed  at  achieving  net-zero  greenhouse  gas  (GHG)  emissions 
by 2050. It will also constitute a strong foundation for the required energy transition of 
shipping. Its goal is to achieve the climate targets set out in the 2023 IMO Strategy on 
the Reduction of GHG Emissions from Ships, accelerate the introduction of zero and 
near  zero  GHG  fuels,  technologies  and  energy  sources,  and  support  a  just  and 
equitable transition.  

(8) 

The  Union's  position  is  to  be  expressed  by  the  Member  States  of  the  Union  that  are 
members  of  the  IMO,  and  by  the  Commission,  acting  jointly,  in  the  interest  of  the 
European Union. 

HAS ADOPTED THIS DECISION: 

Article 1 

The  position  to  be  taken  on  the  Union’s  behalf  in  the  second  extraordinary  session  of  the 
International  Maritime  Organization’s  (‘IMO’)  Marine  Environment  Protection  Committee 
shall be to agree to the adoption of:  

(a) 

(b) 

the  amendments  to  regulations  13  and  14  and  Appendix  VII  to  Annex  VI  of 
MARPOL concerning the designation of the North-East Atlantic as a new Emission 
Control Area (ECA),  

the  amendments  to  regulations  20,  25,  27  and  28  of  Annex  VI  of  MARPOL 
concerning the accessibility of the IMO Ship Fuel Oil Consumption Database (IMO 
DCS) and review clause of the short-term GHG reduction measure, and  

1 
2 
3 
4 

OJ L 132, 21.5.2016, p. 58 
OJ L 123, 19.5.2015, p. 55 
OJ L 130, 16.5.2023, p. 134 
OJ L 234, 22.9.2023, p. 48 

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(c) 

the introduction of the new chapter 5 to Annex VI of MARPOL concerning the IMO 
Net-Zero Framework. 

The  position  referred  to  in  Article  1  shall  be  expressed  by  the  Commission  and  by  the 
Member States of the Union that are members of the IMO’s Marine Environment Protection 
Committee, acting jointly in the interest of the Union. 

Article 2 

This Decision is addressed to the Commission and the Member States.   

Article 3 

Done at Brussels, 

For the Council 
The President 

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