BIMCO amendments to MARPOL Annex V concerning the disposal of cargo residue
On 1 January this year, amendments to MARPOL Annex V concerning the disposal of cargo residues and hold washing water containing materials that may be harmful to the marine environment (HME) came into force. BIMCO’s existing Hold Cleaning/Residue Disposal Clause for Time Charter Parties already largely addresses the correct disposal methods for cargo residues and hold washing water in accordance with MARPOL requirements. However, the new legislation also relates to cleaning agents and additives used for hold cleaning which may also be harmful to the marine environment, which is not covered by the Clause at present.
As the next meeting of the Documentary Committee does not take place until 27 May, the secretariat has, in the interim, developed some suggested amendments to the Hold Cleaning/Residue Disposal Clause for Time Charter Parties to assist members. In May the Documentary Committee will be invited to formally adopt the suggested amendments and issue a revised clause.
The Hold Cleaning/Cargo Residues Clause consists of three sub-clauses.
Sub-clause (a) dealing with the charterers’ option to request the owners to instruct the crew to carry out hold cleaning for charterers’ account remains unchanged.
Sub-clause (b) contains the most significant suggested amendments to deal with HME. This part of the Clause covers the provision of cleaning material by the charterers.
The suggested amendments change the reference to “materials” to “cleaning agents and additives” as this is the phraseology used in MARPOL Annex V. A new final sentence has been added. It obliges the charterers to give owners a dated and signed statement that, in accordance with provisions set out at IMO Resolution 219(63) Guidelines for the Implementation of MARPOL Annex V, cleaning agents and additives are not harmful to the marine environment and do not contain components that are carcinogenic, mutagenic or repotoxic.
Sub-clause (c) changes the previous reference to “chemicals” to “cleaning agents” to be consistent with Sub-clause (b). Additional suggested wording clarifies that the removal and disposal of cargo residues, hold washing water and cleaning agents is to be done in accordance with MARPOL Annex V which, as of 1 January, distinguishes between the disposal of substances harmful to the marine environment and those which are not harmful.
It is hoped that members will find the suggested amendments helpful in addressing the new requirements of MARPOL Annex V. To supplement the Hold Cleaning/Residue Disposal Clause for Time Charter Parties, the secretariat intends to prepare some suggested wording for voyage charter parties.
This suggested wording will be put forward to the Documentary Committee at the end of May for endorsement or to obtain a mandate for further refinement.
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