BIMCO has developed a standard mandate for use when the parties to a ship management contract agree to give a mandate to an organisation or person to comply with obligations under the EU Emission Trading System (ETS).
According to BIMCO, the standard has been developed as an independent, supporting document to the freestanding ETS – SHIPMAN Emission Trading Scheme Allowances Clause 2023 and SHIPMAN 2024. The standard ETS Mandate has been developed specifically for mandates given under the EU ETS, BIMCO notes.
According to Commission Implementing Regulation (EU) 2023/2599 of 22 November 2023 laying down rules as regards the administration of shipping companies by administering authorities in respect of a shipping company, such agreement requires a signed document to be provided which clearly indicates that the shipowner has given a mandate for compliance with ETS obligations and that the organisation or person mandated has assumed this responsibility.
Parties intending to use the ETS Mandate should be aware that the administering authority of a member state may have its own individual requirements which will have to be complied with.
You can access the contracts here.
