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BIMCO’s documentary experts have begun preparing charter party clauses to assist owners and charterers comply with complex new carbon regulations due to come into force in 2023.
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.
ASBAGASVOY, the new voyage charter party for gas tankers developed jointly by BIMCO and the Association of Ship Brokers & Agents (U.S.A.), Inc. (ASBA) has seen a rapid uptake after its release to the market in September 2020. Christian Hoppe, BIMCO’s General Counsel, has talked to BW LPG, Petredec and Clarksons about why ASGABASVOY was their preferred choice of charter party in a recent LPG fixture.
A BIMCO committee started work this week to review SYNACOMEX, the popular grain voyage charter party published by The French Union for Grains and Seeds Trade (Syndicat National du Commerce Extérieur des grains et graines oléagineuses – SYNACOMEX). SYNACOMEX and Armateurs de France (ADF) are joint copyright holders of the form.
Although the New York Produce Exchange Charter Party 1946 (hereinafter “Nype 46”) is probably the most widely used time charter party form still, it is not a very good form in this day and age. It dates back to 1946 and readers will agree that quite a few things have changed since then! However, it would be naive simply to ignore it.