The Supreme Court Reinforces the Position of Land Carriers: Nullity of the ‘Due Diligence’ Clause

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On 23 December 2025, the First Chamber of the Supreme Court issued a ruling of enormous significance for the road transport sector and for the contractual practices of insurance companies: STS No. 1945/2025 of 23 December 2025.

The subject of the legal dispute was to determine whether, in the event of theft of goods transported under a land transport insurance contract, the ‘due diligence clause’ (which must be considered restrictive) applies when said clause is not specifically highlighted in the policy, nor signed by the policyholder/insured party, but the insurance was taken out with the intervention of an insurance broker.

In the first instance and on appeal, the claim had been dismissed in favour of the insurer, but the Supreme Court overturned those decisions, concluding that the clause in question did not meet the formal validity requirements imposed by the Insurance Contract Act (LCS). Thus, the High Court declared the so-called ‘due vigilance’ clause, which had been used to reject compensation for the theft of the lorry and its goods, null and void. And we quote: ‘(…) since the clause invoked by the insurer to deny compensation was not expressly accepted and signed by the policyholder/insured party, it is null and void and unenforceable against the latter, pursuant to Article 3 of the Insurance Contract Act.’

The legal nature of the ‘due diligence’ clause:

The so-called ‘due diligence’ clause had become common practice in goods transport policies. In general terms, it imposed conditions on the insured such as:

  • Park the vehicle in places with lighting or 24-hour private security.
  • Keep the lorry locked and protected.
  • Require the driver to sleep inside the vehicle when there are no other security systems in place.

Traditionally, insurers used this clause to exclude or limit coverage for theft, arguing that the incident had occurred in circumstances where these requirements were not met.

However, the Supreme Court has established doctrine by considering that this clause does not objectively define the insured risk but rather imposes additional obligations on the insured after the occurrence of the accident, which makes it a clause that limits rights and requires certain requirements to be applicable.

This jurisprudential approach connects directly with the analysis already carried out by our firm in a very enlightening article on the distinction between the types of clauses in transport insurance contracts, Transport Insurance: Limiting Clauses vs. Delimiting Clauses.

The key legal principle underlying the Supreme Court’s ruling is that clauses limiting rights are only valid if strict requirements are met. This requirement is set in Article 3 of the Insurance Contract Law, which states that both the general and specific conditions of the insurance policy must be drafted in a clear and precise manner, with particular emphasis on clauses limiting the rights of the insured, which must be specifically accepted in writing.

The well-deserved Supreme Court ruling of 23 December 2025 is based on Article 3 of the Insurance Contract Law. This is corroborated when it states that, as an expression of the principle of material transparency legally imposed for the better protection of the insured party, it conditions the validity of such limiting clauses on compliance with the requirements established in Article 3 of the Insurance Contract Law as follows:

  • They must be highlighted in a special way. Any procedure that fulfils the objective of ensuring that the limiting clause does not go unnoticed by the insured party will be admissible, but it must allow the insured party to understand its meaning and scope, and to be able to differentiate it from clauses that are not of this nature.
  • They must be specifically accepted in writing by the policyholder. The signature must appear not only on the general contract, but also on the specific conditions, which is the document where clauses limiting rights must normally appear.
  • The broker’s intermediation does not equate to the personal will of the policyholder and cannot validate a clause that limits rights if the insured party has not expressly signed it. Therefore, the High Court has been categorical in stating that the insurance broker is not attributed a representative function of the insured party but is only conferred management functions.

Practical effects of the judgment:

This ruling not only has direct effects on the specific case but also establishes binding case law criteria that will influence future claims for similar incidents, especially in a context where thefts from lorries and goods have increased significantly.

The doctrine established by this ruling has significant consequences for both policyholders and insurance companies. This is because it increases contractual transparency by forcing insurers to review their policy models and provides greater legal certainty for carriers as policyholders protected under the Insurance Contract Law and its transparency standards.

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New technical and traffic requirements for euro-modular combinations

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On 21 October, the Directorate-General for Traffic (hereinafter DGT) published a new resolution establishing the technical requirements and specific traffic conditions that Euro-modular vehicle combinations must meet in order to travel on Spanish roads. The resolution has been in force since 23 October 2025, coinciding with the entry into force of the General Regulations of Vehicles, which, among others, regulate the new maximum mass values.

Types of vehicles that can be used in Euro-modular configuration

Only modules corresponding to the following types of vehicles may form part of a Euro-modular combination:

Classification by Construction CriteriaDescriptionCategory by Approval Criteria
22Truck MMA > 12,000 kgN3
23Tractor-trailerN2 or N3
26Van MMA > 12,000 kgN3
43Trailer and semi-trailer MMA > 1,000O4
65Towed service machine (1)O4

(1) Only machines intended for goods transport services are permitted.

Power and type approval requirements for the towing vehicle

The towing vehicle is subject to strict weight and power requirements. Firstly, the towing vehicle must be approved for a maximum gross weight of 72 tonnes and have a MOT certificate with a technically permissible maximum gross weight greater than the total laden weight of the combination in circulation. If the type approval for the maximum gross combination weight is less than 72 tonnes, this value shall be the maximum total weight limit for the combination of which the motor vehicle may form part.

Secondly, the towing vehicle must be equipped with a coupling device that is capable of ensuring the maximum mass of the combination and that is approved in accordance with Regulation No. 55 of the UN/ECE.

Thirdly, vehicles within the O4 category acting as intermediaries must be approved as tow trucks. Vehicles already registered that do not have towing capacity must be modified to comply with this requirement.

Fourthly, both the motor vehicle and the towing vehicles in category O4 must have the appropriate electrical, pneumatic and mechanical equipment for towing.

Fifthly and finally, the towing vehicle must have a minimum power of 5 kW per tonne of maximum laden mass of the Euro-modular combination. However, this power shall be increased by 1 kW per tonne when the combination exceeds 42 tonnes and travels on sections with gradients equal to or greater than 5% and 1 km in length. The owner of the motor vehicle must ensure that it can start on these ramps, even when the road surface is wet.

Key technical requirements for safety

The combination and its modules must meet the following technical safety requirements relating to field of vision, signalling, warning or prevention of dangerous situations:

  • Air suspension or equivalent on the drive axles
  • Mirrors or blind spot detectors
  • Lane departure warning system or lane keeping assistance
  • Emergency braking system capable of automatically detecting a dangerous situation and activating deceleration to avoid or mitigate collisions
  • Electronic stability control system

Specific traffic conditions

Finally, the Resolution details a series of specific traffic conditions that directly affect the daily operation of the aforementioned vehicles, as they impose mandatory requirements for lighting, signalling, overtaking restrictions, speed and traffic, and operational suspensions in adverse weather conditions.

  • Lights: when driving on conventional roads with a single carriageway for both directions of traffic, it is mandatory to have dipped headlights or daytime running lights on.
  • Signalling: the combination must be equipped with two V-2 light signals or amber flashing devices located at the upper front and rear ends, the V-6 long vehicle signal, the V-23 environmental signalling badge, and all other mandatory signals for goods transport.
  • Overtaking restrictions: on single carriageway roads for both directions, they may not invade the lanes intended for the opposite direction to overtake vehicles travelling at more than 45 km/h. In addition, overtaking is prohibited on ramps with gradients of 4% or more, on viaducts longer than 150 metres and in tunnels.
  • Speed restrictions: the maximum speed shall be that established in Article 48 of the General Traffic Regulations for vehicles with a maximum authorised mass exceeding 3,500 kg.
  • Traffic restrictions: those published by the DGT for goods transport combinations exceeding 7,500 kg.
  • Suspension of traffic on conventional single carriageway roads for both directions of traffic when weather conditions pose a risk to traffic: driving is prohibited when visibility is less than 150 metres ahead and behind, or when the State Meteorological Agency (AEMET) has activated extreme risk warnings: specifically, red level for wind, or orange level if the vehicle is travelling without a load; or the orange or red level for rain or snow, regardless of whether the vehicle is travelling with or without a load.
  • Stowage of cargo: cargo must be stowed correctly to prevent any movement that could compromise the stability of the vehicle while in motion.

Finally, it should be noted that on 22 October, the day after the resolution establishing the technical requirements and specific driving conditions that Euro-modular vehicle combinations must meet in order to travel on Spanish roads, the DGT issued a new resolution establishing the network of routes suitable for Euro-modular vehicle combinations in Spain. The document details the specific roads, listed in Annex I and organised by autonomous communities, on which these large vehicles are authorised to travel. In addition to the defined sections, the regulations allow a maximum distance of 10 kilometres on roads not included in the network to connect to the main network or access a destination, always under the responsibility of the driver to verify the viability of the route.

The DGT’s resolution of 21 October, in force since 23 October 2025, marks an important regulatory change for Euro-modular combinations in Spain. The technical and traffic requirements it establishes include strict conditions on power, active safety and operational restrictions that seek to ensure the safety and efficient integration of these higher-capacity vehicles into the road network. With all these measures and the new network of routes suitable for Euro-modular combinations, the transport sector must now rigorously adapt to the new regulations in order to take advantage of the logistical benefits of these vehicles, while maintaining safety as a priority.

AIYON Abogados commemorates its 10th anniversary at its headquarters in Bilbao, marking the culmination of a great year of celebrations

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AIYON Abogados celebrates its 10th anniversary at its headquarters in Bilbao, after a decade in which it has consolidated its position as a national and international leader in maritime and transport law, reaffirming at all times its commitment to professional excellence and personalised service to its clients.

Our boutique firm celebrated its tenth anniversary with a wonderful event held at La Torre de Iberdrola on 2 October, attended by clients and partners, as well as representatives from the logistics and transport sector at national and international level. An event that brings a great year of celebrations to a close, after a decade of hard work and shared enthusiasm.

Founded in 2015 by a team of expert lawyers, all specialising in maritime law, transport, international trade and insurance, the firm has grown to have offices in Madrid, Cadiz and Algeciras, in addition to its headquarters in Bilbao, which hosted the event. Its multidisciplinary team of solicitors, with an average of more than twenty years’ experience in the sector, offers a comprehensive 360º legal service (24/7) within its areas of expertise, as well as in any other area of law with the help of its regular collaborators.

During these ten years of work, the AIYON team has demonstrated its ability to adapt to the challenges of the sector. Over the years, the firm has advised companies and professionals of all kinds, handling both small queries and actively participating in large-scale projects. In addition to being appointed to assist in major maritime accidents occurring at sea, the firm’s solicitors are at the forefront of new technologies being implemented in the sector, such as offshore platforms and, more specifically, floating offshore wind farms. Our close collaboration with local engineering firm SAITEC Offshore Technologies is proof of this.

AIYON Abogados has not only consolidated its presence in the domestic market, but we are also one of the main collaborating firms for numerous companies in the sector based in other countries, including multinationals and insurance companies with an international presence, prestigious law firms and P&I Clubs, and institutions such as the IOPC Funds (IMO). In this way, we position ourselves as a leading law firm, offering tailored legal advice and solutions.

In a global and constantly evolving environment, the solicitors at AIYON know that the sector always requires dynamic measures tailored to each case and each client. The five partners, Mikel Garteiz-goxeaskoa, Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Zuberoa Elorriaga, whose work has been recognised by specialist British directories such as The Legal500 and Chambers & Partners, lead a team of young professionals who aspire to contribute to the firm’s growth in the coming years so that, in another decade, we can all once again commemorate the good work of our firm and its hallmark, which combines the serious, professional and dedicated practice of its profession with an approach that is always friendly and attentive.

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Closure of the II Advanced Arbitration Practice Course for Arbitrators, with recognition for creativity for Verónica Meana

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On September 27, 2025, the II Advanced Arbitration Practice Course, organized by CIAM-CIAR, came to a close, with our partner Verónica Meana among its participants.

The program provided an in-depth exploration of key issues in arbitral practice, including the validity of the arbitration agreement, the appointment of arbitrators, the duty of disclosure, emergency arbitrators and interim measures, the case management conference, the first procedural order, the taking of evidence, procedural incidents, allocation of costs, as well as the drafting of awards and possible challenges.

The experience proved to be highly enriching thanks to a top-quality program, flawless organization, and outstanding faculty. Verónica wishes to publicly express her gratitude to Juan Fernández-Armesto, Giulio Palermo, the CIAM-CIAR team —Marta Lalaguna, María Paula Jijón, Thalía Jiménez, and Stefano Lobatón—, as well as the rest of the faculty, for their academic excellence and dedication throughout the course.

At the closing ceremony, Verónica was honoured with the Extraordinary Award for Creativity, a recognition that is a particular source of pride for our firm.

Fair Competition in Sustainable Air Transport

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Regulation (EU) 2023/2405 of the European Parliament and of the Council of 18 October 2023 on safeguarding a level playing field for sustainable air transport or ‘ReFuelEU Aviation’, on ensuring a level playing field for sustainable air transport, entered into force in 2023 with the aim of reducing emissions from the use of hydrocarbons in aviation. To this end, it establishes a plan that mandates the use of sustainable aviation fuels by 2050. With this legislation, the European Union (EU) is strengthening its strategy to achieve climate neutrality by 2050, as part of the so-called ‘European Green Pact’.

What is the ‘European Green Pact’? It is a growth strategy established by Europe based on the contribution of all policy areas to the fight against climate change, with the aim of achieving climate neutrality by 2050.

Air transport, together with maritime and land transport, plays an important role in our daily lives, both in passenger and freight transport. While it is true that this sector represents a smaller share of global emissions compared to shipping, it also requires attention due to its growing demand and intensive use of fossil fuels.

Specifically, the ‘ReFuelEU Aviation’ Regulation establishes rules for the use and supply of sustainable aviation fuels and, to this end, grants the European Aviation Safety Agency (EASA) the functions of promoting and monitoring the use of new sustainable aviation fuels (SAF) in civil aviation, monitoring the effects of these fuels and keeping informed users or travellers who choose to use air transport.

The goal is to make 70% of aviation fuels sustainable (SAF) by 2050. Within that percentage, 35% would be synthetic aviation fuels, out of all fuel supplied at EU airports. This makes it mandatory for a minimum percentage of 2% of sustainable aviation fuels to be applied from 1 January 2025.

EASA’s functions also include the publication of the annual technical report. This year, a report has been published with the aim of improving the level of environmental protection in the civil aviation sector and helping the EU to ensure that the aviation sector contributes to the objectives of the ‘European Green Pact’ through effective collaboration and continued commitment. The report provides an overview of the current situation and proposes recommendations for further progress in environmental protection, in cooperation with national aviation authorities, in the case of Spain, with AESA.

Regarding SAF, the report recommends reducing the price gap between SAF and fossil fuels, as the price of SAF is currently higher than the price of fossil fuels. It also highlights the allowances allocated in the Regulation and the measures needed to comply with the mandate. In addition, the promotion of less carbon-intensive SAFs is mentioned to maximise their contribution to the ‘European Green Pact’. The identification and optimisation of the composition of aviation fuels, both fossil and SAF, is also recommended to mitigate overall climate and air quality impacts.

In conclusion, through the different regulations addressed in the ‘European Green Plan’ for the year 2050, which includes this ‘ReFuelEU Aviation’ Regulation, not only aims at achieving climate neutrality, but also a more sustainable transport system. As mentioned by EASA in its report, this objective can only be achieved through real and effective international cooperation, with the involvement of all concerned operators.

The Role of the Spanish Ports in Today’s Global Landscape

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In a context of geopolitical uncertainty marked by international conflicts and some crises inherited from 2024, Spanish ports have acquired a strategic role. Spain, with its consolidated maritime tradition, has become a key logistics hub within Europe, positioning itself as a global trade reference due to its geographical location and connectivity.

This is reflected in the growing economic impact of Spain’s general interest ports, which have significantly increased their contribution in recent years. According to a study on the economic impact of Spanish ports, they generate 24.3 billion euros and support 250,000 jobs, accounting for 2.2 percent of national GDP and 1.4 percent of total employment. Spain’s strategic position, at the crossroads of Europe, Africa and America, further reinforces its global logistics significance. The Strait of Gibraltar alone handles between 10 and 25 percent of global maritime trade, consolidating Spanish ports as critical infrastructures in international shipping routes.

Among the Spain’s main ports, the following stand out:

  • Santander/Bilbao: Essential for trade with the UK and Northern Europe.
  • A Coruña/Vigo: Key connections with the Americas, while facilitating north-south trade between Europe and Africa.
  • Algeciras: Spain’s largest port and one of Europe’s top transshipment hubs, maintaining critical links with Africa, the Americas and Asia.
  • Valencia: A leading container port, with strong commercial ties to China and Southeast Asia.
  • Barcelona: A crucial gateway to the Mediterranean and North Africa, with historically high cargo volumes.

This being so, recent geopolitical changes have significantly impacted Spanish ports, compelling them to redefine strategies and adjust priorities in response to new global challenges.

  1. US-China tensions. The expansion of China’s Maritime Silk Road has reinforced Beijing’s presence in the Mediterranean, reshaping trade dynamics. In 2025, new sanctions and ongoing technological disputes could disrupt trade flows, potentially affecting Spanish exports to Asia.
  1. The war in Ukraine and NATO expansion. The energy crisis has shifted trade benefits toward Mediterranean ports, often at the expense of Northern European hubs. Spain has capitalized on this shift by positioning itself as a key LNG importer from the Americas and Africa, leveraging agreements such as the EU-Egypt-Israel trilateral memorandum on natural gas exports to Europe.
  1. The Panama Canal crisis. A potential political crisis or rising transit costs through the Panama Canal could pose challenges for Valencia, Barcelona and Algeciras, which rely heavily on the canal for trade with South America’s Pacific coast. Any disruption could affect rout viability and overall trade volumes.
  1. Decarbonisation and the EU Green Deal. The shift towards a more sustainable maritime transport presents challenges. Spanish ports must adapt to stricter CO₂ regulations while ensuring they remain competitive in global trade.

In order to maintain their global position, Spanish ports must focus on key strategic areas.  Investing in modern infrastructure and digitalisation will be essential for adapting to evolving technological and environmental regulations. Strengthening rail and logistics connectivity will enhance landside efficiency and improve cargo distribution. Additionally, expanding the Green Maritime Corridor in 2025 will further consolidate Spain’s role in sustainable global trade.

Spanish ports must continue evolving towards a more sustainable, technologically advanced mode, fully integrated into international logistics networks.

Only by doing so will they successfully face current and future geopolitical and economic challenges, consolidating their position as key players in global trade.

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Algeciras Hosts the First Celebration of the 10th Anniversary of AIYON Lawyers

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On Thursday, 29 May, the entire AIYON Abogados team celebrated the firm’s 10th anniversary at an event held at the Hotel Alborán in Algeciras, attended by our clients and friends, as well as our regular collaborators, with whom we form a solid team of lawyers and experts.

At this pleasant event, we brought together leading operators and various stakeholders from the logistics and transport sector in Algeciras and the rest of the province of Cádiz, as well as some local authorities, to commemorate a significant milestone in our professional career.

Multiple local media outlets reported this news, which undoubtedly fills us with pride for the effort and dedication that the team has put into achieving this goal, but above all for its five partners, Enrique Ortiz (head of the Cadiz office), Verónica Meana (head of the Madrid office), Mikel Garteiz-goxeaskoa and Zuberoa Elorriaga (heads of the Bilbao office) and José Antonio Domínguez (head of the Algeciras office); partners who work side by side with the rest of the team in handling all kinds of matters related to their specialities.

Founded in 2015 in the city of Bilbao, AIYON Abogados is one of the few specialist law firms currently operating in Spain that provides advice in the areas of maritime law, transport law (both land and air), insurance law and international trade, addressing all of its clients’ legal needs thanks to a highly qualified and multidisciplinary team of lawyers and a network of trusted collaborators in other areas of law (criminal, tax, commercial, and labour), enabling them to offer a 360º legal service. In fact, last March, we were once again highlighted by the prestigious British legal guide Chambers & Partners in the category of ‘Shipping – Maritime Law’ for Spain, and we also contributed to the chapter on Maritime Law in Spain for the guide The International Comparative Legal Guides, 2025 (ICLG).

This is the firm’s first celebration in this momentous year 2025, which will be followed by a second celebration in Bilbao after the summer, serving as the grand finale to commemorate a decade of work and joint effort, with all eyes set on the next 10 years. Congratulations, AIYON Abogados!

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How is the Arrival of Stowaways in Spanish Ports Managed?

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We would like to thank the Catalan newspaper El Nacional.cat  for the collaboration of our colleagues Jose Antonio Dominguez Castro and Zuberoa Elorriaga for their article on stowaways.

Specifically, the Catalan newspaper reports on the arrival of stowaways in the Port of Barcelona on different ships, which poses a challenge for the different actors affected by this eventuality. Although the newspaper points out that the arrival of stowaways in the Port of Barcelona is scarce, it confirms that this does not mean that this phenomenon does not exist, but that it generally does not transcend despite the fact that it is a reality which, in the 21st century, is still present in maritime life and in the different Spanish and European ports. According to data from the Ministry of the Interior to which the publication had access, between 2016 and 2024 a total of 137 stowaways arrived at the Port of Barcelona: 11 (2016); 20 (2017); 15 (2018); 47 (2019); 15 (2020); 13 (2021); 9 (2022); 3 (2023), and 4 (2024). The authorities state that their provenance is unknown and point out that ‘they have embarked through unregulated procedures unknown to the ship’s captain’.

As El Nacional.cat points out, our firm, in collaboration with the shipowners involved, the responsible authorities, shipping agents and P/I clubs, has managed complex situations arising from this reality in Europe, which undoubtedly always pose a challenge for our team. In this sense, our partner José Antonio Domínguez , a lawyer from the Algeciras office with accredited experience in cases of management of stowaways arriving at the Port of Algeciras, explained in detail to the newspaper the multiple steps and actions that must be taken with all the agents affected once stowaways are detained on a ship on its arrival at a Spanish port, without forgetting the human factor that all this entails, as we are talking about people in an irregular and precarious situation who must be treated with respect and humanity.

Enrique Ortiz, Partner of AIYON Cadiz, Participates in the Round Table Organised by the Propeller Club of Algeciras

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On the 29th of April, an interesting meeting took place in Algeciras, organised by the Propeller Club of Algeciras, which brought together many of the most relevant members of the maritime and transport sector in the Bay of Algeciras, including Enrique Ortiz), our partner responsible for the Cadiz office.

The round table was attended by the presidents of the three major associations of companies operating in the Port of Algeciras, such as the Association of Service Companies of the Bay of Algeciras (AESBA), the Association of Freight Forwarders, International Forwarders and Similar of the Bay of Algeciras (ATEIA-OLTRA) and the Port Community of the Bay of Algeciras (Comport), and was moderated by Mr. Manuel Piedra.

During the meeting, José Antonio Fernández, Manuel Cózar and José Manuel Tejedor analysed the current situation, as well as the future of the logistics-port community of the Port of Algeciras. In general, the participants agreed in demanding better tools for the port facilities and the region in the form of better infrastructures, more space for the activity of the companies in the sector, as well as adequate and up-to-date training to improve the service provided.

The dismissal of Mr. Álvaro Rodríguez Dapena as president of Puertos del Estado, considered a strategic ally for Algeciras, also had a place in the round table. The president of Comport regretted that it is a ‘huge loss for the Port’.

Another recurring theme that was also discussed, and which not only affects the Port of Algeciras but all areas of logistics and transport at national level, was the shortage of qualified personnel in sectors such as consignment, customs or port services. The lack of a maritime-port training centre in the region was highlighted, as well as the urgent need to promote dual training, improve technical training and provide companies with more customs representatives.

In relation to the so-called ‘Green Strategy’ followed by the Port of Algeciras, the speakers advocated the need to advance in compliance with European regulations, but pointed out that some of the measures should have a ‘more practical’ sense in order to be able to adapt better to the needs of the operators.

In general, it was a very complete and pleasant meeting in which Enrique Ortiz was able to take note of the different aspects discussed, as well as to reinforce the links that our firm has with the community of the Bay of Algeciras, and its different actors.

Regulation (EU) 2023/1805 on Renewable and Hypo-Carbon Fuels in Maritime Transport

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Regulation (EU) 2023/1805 of the European Parliament and of the Council of 13 September 2023 on the use of renewable fuels and low-carbon fuels for maritime transport and amending Directive 2009/16/EC  represents a milestone in the transition towards more sustainable shipping in the European Union. In force since 12 October of the same year and applicable as of 1 January 2025, this regulation establishes new rules to promote the use of renewable and low-emission fuels in shipping within the EU. Its purpose is clear: to reduce greenhouse gas emissions and move towards the climate commitments of the ‘European Green Pact’ which aims to create a climate-neutral Europe by transforming the way we produce and consume.

Maritime transport, which plays a key role in the global and European economy as it handles 75% of the EU’s external trade and 31% of internal trade, has a very significant environmental impact, accounting for 3-4% of total CO2 emissions in the region.

Faced with this challenge, Regulation (EU) 2023/1805 outlines a roadmap for the decarbonisation of the sector, driving the transition to cleaner energy sources. This initiative will not only reduce pollution but also ensure the competitiveness and sustainability of maritime transport in Europe.

The Regulation lays down specific rules to reduce the greenhouse gas intensity of fuels used in maritime transport. One of its main features is that it applies to ships with a gross tonnage of more than 5,000 tonnes operating in EU ports, irrespective of their country of origin or destination. In addition, progressive emission reduction targets are set, starting at 2% from 01 January 2025 and gradually increasing to 80% by 2050 (1). To achieve this, it calls for the use of renewable and low-carbon fuels such as advanced biofuels, hydrogen, green ammonia and electricity. It also promotes the use of wind-assisted propulsion as a viable alternative.

That said, one of the key elements of the regulation is the obligation to use electricity in ports. From 2030, container and passenger ships will have to be connected to the electricity grid at the quayside to avoid the use of combustion engines while in port. This measure will significantly reduce air pollution in coastal cities and improve air quality for local residents.

The implementation of Regulation (EU) 2023/1805 will have a positive impact on the reduction of pollutant emissions in maritime transport. This legislation is expected to drive innovation in propulsion technologies and encourage the development of more sustainable fuels, consolidating Europe’s leadership in green solutions for the maritime sector.

However, it also presents challenges, especially in economic terms. Shipping companies will have to invest heavily to adapt their fleets to meet the new standards. In addition, the development of adequate port infrastructures to ensure the supply of alternative fuels and the implementation of efficient electrical systems will be crucial.

Sanctions and enforcement systems: To ensure compliance with the regulation, a penalty system known as FuelEU will be implemented, which will penalise ship operators that fail to meet emission reduction targets. In addition, compensation between vessels within the same company will be allowed to balance compliance levels and facilitate a more flexible transition to clean fuels.

In conclusion, Regulation (EU) 2023/1805 marks a turning point in the regulation of maritime transport in the European Union. With these measures, the EU reaffirms its commitment to the fight against climate change and its leadership in promoting sustainable solutions for global transport, a clear example of commitment to future generations and the planet.

The effective implementation of this regulation will undoubtedly depend on the joint efforts of authorities, companies and operators in the maritime sector, who will have to adapt to this new era of green and responsible shipping and, although the transition to a more sustainable maritime industry involves challenges in terms of costs and technological adaptation, the long-term environmental and economic benefits are unquestionable.

(1) The regulation sets concrete targets compared to 2020 levels: 2% less in 2025, 6% in 2030, 14.5% in 2035, 31% in 2040, 62% in 2045 and 80% in 2050.