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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.
On 1 January 2023, the International Maritime Organization’s (IMO’s) Carbon Intensity Indicator (CII) regime under the International Convention for the Prevention of Pollution from Ships (MARPOL) in the form of Resolution MEPC 328(76) (together with associated guidelines) (hereinafter "the MARPOL Carbon Intensity Regulations") entered into effect, applying to ships of more than 5,000 gross tons. The CII Clause for Voyage Charter Parties is broadly in line with the original BIMCO Slow Steaming Clause for Voyage Charter Parties 2012 maintaining some of the wording from that clause and catering specifically for the MARPOL Carbon Intensity Regulations. In essence, this clause enables the parties to agree to an adjustment of the vessel's course and/or speed or RPM in line with specified parameters as a tool to assist the parties in complying with the MARPOL Carbon Intensity Regulations.
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 Transfer of Allowances 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 Surcharge Clause for Voyage Charter Parties 2023 would be more appropriate. As the title suggests, this ETS – Emission Scheme Transfer of Allowances Clause for Voyage Charter Parties 2023 deals with the transfer of emission allowances. The basis of the clause is that the voyage charterer will be the one transferring emission allowances to the owners for the voyage. The owners, as a matter of contract, then remain responsible for surrendering the appropriate number of emission allowances in accordance with the applicable Emission Scheme.
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.
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 latest edition of this clause is the Piracy Clause for Single Voyage Charter Parties 2013 .