The adoption of the BIMCO Energy Efficiency Data Sharing Clause for Time Charter Parties 2025 marks an important addition to BIMCO portfolio of clauses promoting energy efficiency and sustainability. This clause constructs a balanced framework that encourages collaboration between owners and charterers to enhance data sharing practices. This is achieved through the utilisation of existing onboard sensors and, where necessary, the installation of additional sensors on vessels.
The main essence of the clause is that the charterers are granted the right to use existing onboard sensors and, subject to the owners' agreement, install additional sensors at any time during the charter party period. These sensors are designed to collect data for performance monitoring, operational efficiency measures, and other energy efficiency purposes. The clause further stipulates that the installed sensors become part of the vessel's equipment, and hence owners’ property ensuring they are covered by the owners' insurance.
"In developing the BIMCO Energy Efficiency Data Sharing Clause for Time Charter Parties 2025, we aimed to create a tool that not only promotes sustainability but also fosters collaboration within the maritime industry. The clause offers a balanced approach to improving data sharing practices, harnessing the power of onboard sensors to monitor performance and drive operational efficiency." says Mattias Kjellberg, Chairperson of the subcommittee drafting the clause.
The clause has been crafted by a team of experts from various stakeholders in the maritime industry, including owners, charterers and P&I Clubs. The subcommittee also engaged with the industry during the drafting process to ensure the clause is comprehensive and effective.
The clause clearly outlines the responsibilities and costs associated with the use of sensors, stating that any additional transmission costs will be borne by the charterers. It also allows charterers to require owners to purchase or lease and install additional sensors on the vessel, subject to approval by class and flag state as well as compliance with all applicable laws and regulations.
The Energy Efficiency Data Sharing Clause 2025 is accompanied by an annex which includes details on the types of onboard sensors and additional sensors, along with the source, frequency, type, and destination of the data. This annex should be carefully filled out by the parties, as it will dictate which sensors will be covered by the clause, as well as which sensors are to be removed at the end of the charter party period.
A key aspect of the clause is its approach to data usage, designed to build trust and encourage collaboration. To this end, the default position is that data obtained under this clause cannot be used to support claims against owners - such as off-hire, performance disputes, or termination. However, to maintain flexibility, parties may agree to opt out of this waiver based on their specific commercial relationship and needs.
The clause also includes essential provisions related to data confidentiality, cyber security, and legal compliance. Each party is required to ensure that any collection, sharing, and use of the data comply with all applicable laws and regulations. In the event of a cyber security incident, the affected party must promptly notify the other party, and both parties must take necessary steps to mitigate and prevent any effects of the incident.
In conclusion, the BIMCO Energy Efficiency Data Sharing Clause for Time Charter Parties 2025 is a proactive step towards promoting energy efficiency in the maritime industry. It is an essential tool for owners and charterers to collaborate on improving data sharing practices, ultimately contributing to the broader goal of sustainability in the shipping sector.
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