BIMCO has launched two sulphur content related bunker clauses: BIMCO 2020 marine sulphur content clause for time charter parties; and BIMCO 2020 fuel transition clause for time charter parties.
The BIMCO 2020 marine sulphur content clause replaces the BIMCO fuel sulphur content clause 2005 and can be incorporated into time charter parties, effective immediately.
Grant Hunter, BIMCO head of contracts and clauses, said: “By making the 2020 marine fuel sulphur content clause part of the suite of standard bunker clauses, it means that we have been able to keep the revised clause short and simple. It is written as a straightforward compliance provision with the sulphur content requirements of MARPOL Annex VI.”
BIMCO said that issues relating to the specifications, grades and quality/suitability of the fuel supplied by time charterers are covered by existing standard bunker clauses in time charters, and these should not need to be amended in relation to sulphur content alone.
The 2020 fuel transition clause deals with the one-off event of switching from 3.5 percent sulphur content fuel to 0.5 percent sulphur fuels. The switch is a process that will need to be started before January 1, 2020, said BIMCO.
The clause is designed to provide a fair allocation of responsibilities and liabilities between the owners and charterers in managing remaining stocks of fuel that will become non-compliant under MARPOL from January 1, 2020.
“We would also recommend incorporating the clause into time charter parties with redelivery very close to January 1, 2020 where delays or extensions might result in the ship redelivering after the date the change comes into force,” Hunter explained.