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The International Maritime Organization (IMO) has published its 4th Greenhouse Gas (GHG) study, and BIMCO finds the results very encouraging, as data confirms the industry can reach the 50% lower IMO emissions target in 2050.
BIMCO’s Documentary Committee has adopted a new Emission Trading Scheme Allowances Clause for BIMCO’s ship management agreement, SHIPMAN, and three ETS clauses for Voyage Charter Parties.
The drafting team tasked with updating BIMCO’s 13 year old SHIPMAN shipmanagement agreement will begin by preparing a free standing clause addressing the shipmanagers’ role in complying with emissions trading systems such as the EU ETS. ETS is seen as a critical issue by shipmanagers who will need to agree with owners how the surrender of emissions allowances for ships trading to the EU after 2024 is to be handled.
Continuing our series of updates on documentary work, this week we will focus on Emission Trading Schemes (ETS).
The purpose of the clause is to allocate costs and responsibilities for obtaining, transferring, and surrendering greenhouse gas emissions allowances for ships operating under an emissions scheme, such as the EU Emissions Trading System (ETS). The basis of the clause is that the party providing and paying for the fuel under the time charter is the party that is responsible for providing and paying for emissions trading allowances. The owners must monitor the ship’s emissions and provide the relevant emissions data and the basis of calculations to the charterers. Using this information, the charterers transfer the appropriate allowances to the owners monthly. The clause addresses the adjustment of allowances due to offhire events and what happens if the charterers fail to transfer allowances when due.
This clause is one from a suite of three clauses developed by the subcommittee for the voyage charter party context. The objective was to provide industry stakeholders with the flexibility to choose a procedure suitable for their specific trade and business. You should consider whether this Emission Scheme Freight Clause for Voyage Charter Parties is the one best suited to your specific circumstances or whether the ETS – Emission Scheme Surcharge Clause for Voyage Charter Parties 2023 or the ETS – Emission Scheme Transfer of Allowances Clause for Voyage Charter Parties 2023 would be more appropriate. As the title suggests, this ETS – Emission Scheme Freight Clause for Voyage Charter Parties 2023 deals with all costs arising from the surrender of emission allowances for the voyage by including them into the freight rate. The basis of the clause is that the voyage charterer will be the one effectively paying the owner for the emission allowances required for the voyage. The owners then remain responsible for surrendering the appropriate number of emission allowances in accordance with the applicable Emission Scheme.
BIMCO has developed a standard mandate for use when the parties to a ship management contract agree to give a mandate to an organisation or person to comply with obligations under the European Union Emission Trading System (ETS). The standard has been developed as an independent, supporting document to the freestanding ETS – SHIPMAN Emission Trading Scheme Allowances Clause 2023 and SHIPMAN 2024 .
Continuing our series of updates on documentary work, this week we will focus on Emission Trading Schemes (ETS).
BIMCO is very satisfied with the Green House Gas (GHG) strategy adopted by the International Maritime Organization (IMO) at the Marine Environment Protection Committee on April 13. The strategy outlines a target to reduce GHG emissions by at least 50% by 2050 compared to 2008 while pursuing efforts towards phasing them out.
The Emissions Trading System Allowances (ETSA) Clause 2022 for Time Charter Parties is now available to download free of charge from BIMCO’s website.
