With US regulations already in force and the Ballast Water Management Convention 2004 likely to enter into force in the near future, owners and charterers need to give some thought to how sampling should be dealt with in their charter parties in order to avoid later disputes.
To assist the industry BIMCO has formed a sub-committee with representatives from A.P. Moller Maersk, Wilhelmsen Maritime Services and Thomas Miller P&I Club. A first meeting took place on Tuesday 28 January at BIMCO house to discuss the legal and contractual implications of sampling to demonstrate compliance with ballast water performance standards.
According to BIMCO’s Legal and Contractual Affairs Officer, Mrs Anna Wollin Ellevsen, “the focus of the project is to develop voyage and time charter party clauses that allocate responsibility for costs and delays resulting from sampling procedures”.
Two first drafts have been produced by the Sub-committee and these will be refined over the coming months. It is hoped that this project will be finalised during the first half of 2014.
Source: BIMCO
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