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The BIMCO CII Clause for Voyage Charter Parties 2023
BIMCO has published a new clause for voyage charters to enable parties to comply with the International Maritime Organisation (IMO) Carbon Intensity Indicator (CII) Regulations.
The CII framework came into effect on 1 January 2023, requiring all affected shipowners to collect data to calculate and report their vessels’ CII ratings, with the ultimate aim of reducing the carbon intensity of ships’ operations on an ongoing basis.
In 2022, BIMCO published the CII OPERATIONS CLAUSE FOR TIME CHARTER PARTIES 2022 to assist owners and charterers to work together to operate ships in accordance with the CII framework. The fundamental principles underlying that clause were that the parties should share and be transparent on ship data and focus on ship energy efficiency and flexibility in ship operation and employment.
BIMCO has now published the CII CLAUSE FOR VOYAGE CHARTER PARTIES 2023 to enable parties to comply with the CII framework in a voyage charter context. The clause is modelled on the original BIMCO SLOW STEAMING CLAUSE FOR VOYAGE CHARTER PARTIES 2012 although it reflects the CII framework.
The key provision in sub-clause (a) allows the owners or master to adjust the vessel’s course and / or speed and / or RPM in order to reduce the carbon intensity of the vessel. This is always provided that the vessel’s speed in good weather conditions shall not fall below a given minimum.
The parties are required to include a definition of good weather and a minimum speed. Unlike the CII clause for time charterparties, the clause cannot be incorporated into the charterparty unamended and the parties must consider and complete these parts of the clause for it to be workable.
The remaining sub-clauses provide that compliance with the clause will constitute compliance with any obligation on owners for the vessel to proceed by the usual or customary route and / or with utmost or due despatch. The clause also contains a provision mirroring something in the CII clause for time charters that puts a similar obligation on time charterers; this clause should therefore facilitate compliance with the CII clause for time charters if it applies.
Finally, the clause requires owners to make available to charterers details of the types and quantities of fuels consumed, and distance travelled for both ballast and laden voyages. The reason for including this obligation is that charterers might want to perform their own CII calculations or more generally they may wish to use the information for their own environmental analysis or reporting.
The CII CLAUSE FOR VOYAGE CHARTER PARTIES 2023 is shorter and more straightforward than its time charter equivalent. This reflects the different relationship between an owner (or disponent owner) and voyage charterer, including the usually much more limited scope for a voyage charterer to control vessel operations and speed once the charterparty has been entered into.
The clause complements the CII OPERATIONS CLAUSE FOR TIME CHARTER PARTIES 2022 and will be useful for disponent owners who have time-chartered a vessel on terms which include this clause, and therefore may wish to mirror their position under a voyage charterparty. This particularly applies in relation to reducing speed, altering course, and ensuring the contract of carriage contains necessary liberties.