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The objective of the Bunker Non-Lien Clause is to provide a pre-emptive mechanism to protect owners by requiring time charterers to inform their counterparty, the seller, at the outset that bunkers ordered are being supplied for their account and that no lien can be placed over the vessel.
New regulations on the carbon intensity of international shipping will come into force on 1 January 2023. The complex CII regulations are expected to significantly impact the future operation of ships. Shipowners and charterers must embrace new ways of cooperation, and new clauses for charter parties will be needed to help owners and charterers succeed.
BIMCO’s Documentary Committee has discussed and approved a proposal to re-write GENCON’s Clause 2, which deals with owners’ liabilities. It is part of a major overhaul of the industry’s most widely used standard voyage charter party.
This clause was published on 19 May 1981.
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 Surcharge Clause for Voyage Charter Parties 2023 is the one best suited to your specific circumstances or whether the ETS - Emission Scheme Freight Clause for Voyage Charter Parties 2023 or ETS - Emission Scheme Transfer of Allowances Clause for Voyage Charter Parties 2023 would be more appropriate. As the title suggests, this ETS – Emission Scheme Surcharge Clause for Voyage Charter Parties 2023 deals with all costs arising from the surrender of emission allowances for the voyage by the payment of an Emission Scheme Surcharge to the owners. 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.
The BIMCO Documentary Committee (DC) will be meeting on 18 May – it will be the first physical meeting since the start of the pandemic. Four important projects are up for adoption: ETSA, the CII Compliance Clause, GENCON 22 and the IOCD Clause for Time Charter Parties.