BIMCO and Intertanko have jointly published Q&As addressing the contractual implications owners and charterers consider when chartering ships fitted with scrubbers. The Q&As highlight the key charter party clauses and concepts which should be analyzed for both time and voyage charter parties.
The Q&As include three parts. The first part addresses the implications of using scrubber-fitted ships under time charter parties, the second deals with voyage charter parties and the third part addresses general considerations like enforcement, fines and prohibition of open-loop scrubbers.
The main focus is on time charter parties as it is expected that this is where the use of a scrubber will have the greatest impact.
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BIMCO and INTERTANKO have also individually published clauses regarding the implementation of MARPOL Annex VI Regulation 14 and 18 dealing with the reduction of sulphur oxide emissions from the current 3.50% m/m to 0.5% m/m. However, these clauses do not deal with the special operational, technical and commercial requirements of scrubbers installed on ships.
In addition, in the beginning of 2019, a BIMCO and Intertanko working group discussed whether there was a need for a dedicated ‘scrubber clause’. The working group decided that, for now, no ‘scrubber clause’ should be published. This is because, when installed, the scrubber is a ‘normal’ piece of equipment and does not need any special status or special legal regime. The current standard clauses will work in a time charter context in cases when the scrubber is not operating.
We are pleased to have worked with BIMCO to provide advice and assistance for owners who have chosen this route to 2020 compliance. We will continue to develop the Q&As as experience of scrubber use develops
Michele White, General Counsel at Intertanko, stated.
