21 January 2020
On the cusp of the carriage ban for high sulphur fuel oils coming into force, BIMCO gives you an update on the first eight weeks into IMO 2020 Sulphur Cap territory.
21 January 2020
The implementation of the IMO 2020 Sulphur Cap has impacted the operation of the world fleet at large including a range of technical and regulatory challenges.
17 September 2018
The sulphur cap of 0.50% coming into force on January 1 2020 has wide implications for the entire maritime sector and beyond. BIMCO will address contractual, commercial, regulatory and technical issues to assist our members in navigating the complex implementation of the new regulation as a priority issue. This section will contain articles and relevant information to our members on this key topic.
16 January 2020
The final quarter of 2019 marked a massive decline of HSFO sales, as the industry transitioned into compliance with the IMO 2020 Sulphur Cap (IMO2020).
18 July 2018
The 2020 0.50% sulphur limit for fuel oil used outside emission control areas will undoubtedly create operational issues for crews onboard ships. The International Organization for Standardization (ISO) has now issued a letter in this regard rebutting these claims.
30 October 2018
The shipping industry has all eyes firmly fixed on the topic, but what exactly do the “IMO 2020” global sulphur cap regulations say? This guide looks at five highly relevant topics, how to comply and how the regulation will be enforced.
08 October 2018
The decision to install scrubbers or not ahead of the IMO 2020 sulphur cap deadline is not an easy one to make for shipowners. How to finance the investment once the decision has been made to install scrubbers creates yet another problem.
04 September 2018
Technical, regulatory and financial aspects of the 2020 global fuel sulphur cap regime understandably loom large in people’s minds. But the importance of the contractual dimension should not be overlooked. BIMCO is forging ahead with an all-encompassing 2020 Clause for charter parties, which should be published in November.
22 January 2019
Free seminar on 15 February 9:00-10:30 on key issues impacting shipping today such as challenges related to the IMO 2020 Sulphur Cap, and how BIMCO can support your business.
23 May 2019
These Q&As have been produced jointly by INTERTANKO and BIMCO with the assistance of the North of England P&I Club. They focus on the potential contractual issues that parties should be aware of when chartering scrubber-fitted ships. The objective is to highlight and address the relevant clauses and concepts charterers and owners should take into consideration during their negotiations.
Much has been written about the introduction of the ‘Global Sulphur Cap’ of 0.50% m/m (mass for mass) for fuel oil under MARPOL Annex VI which comes into force on 1 January 2020; also the 0.10% m/m sulphur limit within emission control areas. Many owners have also already chosen their route to MARPOL Annex VI Regulations 14.1, 14.3 and 18 compliance which can be achieved in one of two ways:
By using fuel oil with a sulphur content that does not exceed 0.50% m/m, or 0.10% m/m while the ship is operating (‘low sulphur fuel oil’).
By using ‘equivalents’ which are alternative methods that are at least as effective in terms of emission reductions as using low sulphur fuel oil. ‘Equivalents’ includes the installation of exhaust gas cleaning systems, or ‘scrubber(s)’. See MARPOL Annex VI Regulation 4 and the 2015 Guidelines for exhaust gas cleaning systems, adopted by resolution MEPC.259(68) (currently under review). Fuel oil cleaned by scrubbers will have a sulphur content above 0.50% m/m (‘high sulphur fuel oil’).
Both BIMCO and INTERTANKO are neutral as to which option should be chosen. It is up to each individual owner to decide which option is best for their ship’s operation after conducting a proper assessment of the pros and cons of each option including safety and operational issues, price differentials between low and high sulphur fuel oil, fuel availability, capital investment, payback time, trading patterns and charter rates. International, regional and national regulatory requirements may also play a part in this decision.
However, both Associations have been faced with a series of questions from Members who have fitted or are contemplating fitting scrubbers concerning how the use of a scrubber may impact on their contractual arrangements. These questions on both time and voyage chartering issues form the basis of the Q&A section below. They do not address questions relating to the technical and operational impact of installing a scrubber. Such information is available from numerous online sources.
Both Associations have decided, for the time being at least, not to develop a “standard” scrubber clause for time or voyage charter parties. The decision to install and operate a scrubber is seen primarily as a matter of commercial negotiation between owners and charterers relating to the division of costs and benefits. The need for a clause will, however, be kept under regular review.
We suggest that you consider the recommendations in this document to assess the need for a bespoke scrubber clause and/or any amendments to existing charter party terms. You may need to seek independent legal advice on a case-by-case basis to suit your particular chartering arrangements and trading patterns.
This document will be updated to include any new Q&As which will affect the contractual issues for scrubber-fitted ships.
BIMCO and INTERTANKO - 23rd May 2019