#32026R0394Commission Implementing Regulation (EU) 2026/394 on access rights and functional/technical specifications of the FuelEU database
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This regulation establishes detailed rules for the FuelEU database, an electronic system built on the existing THETIS-MRV platform managed by EMSA. It defines precise access rights for different users including administering Member States, flag states, port authorities, companies, verifiers, national accreditation bodies, and the European Commission. The database supports monitoring, reporting, verification of greenhouse gas intensity limits and onshore power supply (OPS) requirements for ships under Regulation (EU) 2023/1805. It includes functionalities for compliance balance management, banking/borrowing of surpluses, pooling arrangements, penalty recording, and issuance of FuelEU documents of compliance. The system incorporates security measures, notification rules, and connections to the Union Database for sustainable fuels certification.
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Key Changes
- Establishes detailed access rights in THETIS-MRV for Administering States, Flag States, port competent authorities, companies, verifiers, national accreditation bodies and the European Commission
- Creates compliance balance calculator and functionalities for banking, borrowing and pooling of compliance surpluses under Articles 20 and 21 of Regulation (EU) 2023/1805
- Enables recording of OPS exceptions and non-compliance via electronic forms by port authorities
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Obligations
What this law requires
Build and maintain the FuelEU database on the THETIS-MRV platform managed by EMSA to support monitoring, reporting, and verification of greenhouse gas intensity limits and onshore power supply requirements for ships under Regulation (EU) 2023/1805
Establish and enforce differentiated access rights in the FuelEU database for Member States (administering states, flag states, port authorities), companies, verifiers, national accreditation bodies, and the European Commission based on their respective responsibilities under Regulation (EU) 2023/1805
Ensure administering Member States can access only information from ships of companies associated with that administering State, including assessed FuelEU monitoring plans, verified reports, verification reports, verified compliance balances, and OPS exceptions
Connect the FuelEU database to the Union Database established under Directive (EU) 2018/2001 to facilitate reporting on sustainable marine fuels certification and demonstrate compliance of marine bunker fuels across the supply chain
Process personal data in the FuelEU database in accordance with Regulation (EU) 2016/679 (GDPR) and retain personal data only for as long as necessary for the purposes for which they were collected