EU ETS Expulsion Order: Article 16(11a)
The EU ETS expulsion order in Article 16(11a) of Directive 2003/87/EC refuses EU port entry to a shipping company's ships after two years of surrender failure.
The EU ETS expulsion order is the sanction in Article 16(11a) of Directive 2003/87/EC, inserted by Directive (EU) 2023/959. Where a shipping company has failed its surrender obligations for two or more consecutive reporting periods and other enforcement measures have failed, the competent authority of the Member State of the port of entry may, after hearing the company, issue an order; every Member State except the flag State then refuses entry to all ships under that company’s responsibility until it fulfils its surrender obligations.
The full article will cover the trigger, the flag State detention order, lifting, the national transpositions (Germany TEHG ยง 47, France Code de l’environnement L229-18-7) and the relationship with the FuelEU expulsion order . The enforcement context is in EU ETS enforcement for shipping .