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Shipmanagers and owners, assisted by legal and insurance experts, are grappling with the complexities of drafting a clause for SHIPMAN that sets out the responsibilities for administering and surrendering emissions allowances under an Emissions Trading Scheme (ETS). Although the clause is being written to work with any ETS, the primary focus is on the EU ETS, which is the world’s largest carbon trading scheme, soon to embrace shipping.
Personal Data Protection Clauses for SHIPMAN, CREWMAN, SUPPLYTIME and GUARDCON are available now. These are additional clauses that can be added to specific BIMCO contracts if parties need wording to cover personal data protection legislation.
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.
BIMCO is adapting the currently used SHIPMAN 2009 agreement for use with autonomous ships, but the lack of actual autonomous ships currently in operation will mean ongoing adjustments as the industry forges ahead with its pioneering projects. Publication of the first version is expected in 2021.
The purpose of this clause is to allocate the costs and responsibilities for obtaining, transferring and surrendering emission allowances for ships operating under an emission scheme, such as the EU Emissions Trading System (ETS), in a ship management context. The clause has been developed for use with any applicable emission scheme. It caters, on the one hand, for circumstances where the owners are the responsible entity for compliance and, on the other, for circumstances where the managers are the responsible entity either because the applicable emission scheme makes them the responsible entity or, as permitted by the EU ETS, the managers have assumed this responsibility by agreement between the parties.
The BIMCO Documentary Committee (DC) will be meeting on 11 October. The agenda includes six projects up for adoption: CII Clause for Voyage Charter Parties, Ship Sales Further Trading Clause, ETS Allowances (ETS) Clause for SHIPMAN, Quiet Enjoyment Letters, SYNACOMEX and WRECKSTAGE.
The shipping industry is facing an increase in new regulations from the International Maritime Organization (IMO) and the European Union (EU) and an increase in the urgency to decarbonise. To support the industry, BIMCO has developed a portfolio of new emission trading scheme (ETS) clauses.