EU ETS Cost Pass-Through: Article 3gc
The shipping company's right under Directive 2003/87/EC to reimbursement of ETS costs from the entity buying fuel or operating the ship.
Article 3gc of Directive 2003/87/EC, inserted by Directive (EU) 2023/959, requires Member States to give the shipping company a right to reimbursement of allowance costs from an entity that, by contract, bears ultimate responsibility for buying the fuel or operating the ship, defined as determining the cargo carried, the route and the speed. The shipping company remains responsible for surrender.
The full article will cover its transposition, its fit with time charter and ship management contracts, and the BIMCO ETS clauses. See bunker adjustment factor .