This clause addresses compliance with the Energy Efficiency Existing Ship Index (EEXI) and allocates responsibility and costs for implementing EPL and SHAPOLI modifications under a time charter party.
BIMCO has produced two clauses for time charter parties to address key contractual issues relating to the switch to fuel with a maximum sulphur content of 0.50% as of 1 January 2020. The two clauses are the 2020 Marine Fuel Sulphur Content Clause, which replaces the BIMCO Fuel Sulphur Content Clause 2005, and the 2020 Fuel Transition Clause, which deals with switching between fuel with a maximum sulphur content of 3.50% and fuel with a maximum sulphur content of 0.50% by 1 January 2020. Both clauses should be incorporated into time charter parties. This clause was published on 10 December 2018.
The International Group of P&I Clubs is encouraging the industry to incorporate and apply the 2011 Inter-Club Agreement (ICA) into all NYPE and ASBATIME time charter parties. The newly published NYPE 2015 already contains a clause expressly providing for the 2011 edition of the ICA. BIMCO recommends that members apply the 2011 ICA to help apportion liability for cargo claims under the NYPE charters.
In November 1998, BIMCO was approached by the European Community Shipowners’ Association (ECSA) to discuss the possibility of developing a Recommended Quality Clause that would encourage the practical implementation of the European Shippers Council (ESC) “Voluntary Code of Best Practice”. The ESC’s Code was published as a self-regulatory measure in support of the European Community’s Quality Shipping Campaign. In recognition of BIMCO’s role as the shipping industry’s lead organisation in the development of standard clauses, ECSA and ESC felt that BIMCO was the most appropriate body to produce such a clause. As a signatory of the Maritime Industry Charter on Quality, BIMCO was keen to demonstrate its support for the initiative to promote a quality culture throughout the industry by all participants. Of paramount importance to BIMCO was to ensure that by developing a Standard Quality Clause for the industry, the risk of a proliferation of charterer-inspired quality-related clauses was kept to a minimum.
BIMCO has developed a generic Flighted Spongy Moth Complex Clause for Time Charter Parties that provides a commercial solution focussing on the basic obligations and responsibilities of the owners and the charterers. This clause was renamed from Asian Gypsy Moth Clause for Time Charter Parties in March 2023 Not all countries have introduced the new name yet, but BIMCO has decided to standardise on Flighted Spongy Moth Complex, abbreviated to FSMC.
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