Under a time charter, the charterer is usually responsible for fuel and the owner for compliance with MARPOL whereas under a voyage charter an owner would generally be responsible for both. Whilst this should make the position more straightforward, one crucial question will be how best to mitigate the potential impact of volatile fuel prices linked to 2020.

In this edition of our “Sulphur Series”, we look in more detail at the practical steps that will need to be taken in order to prepare ships without scrubbers for the switchover to low sulphur fuel on 1st January, 2020. We also consider how the allocation of responsibilities and costs related to such steps might be dealt with contractually.

As an alternative to switching to cleaner, yet more expensive, low sulphur fuel some ship operators have chosen to achieve compliance with the MARPOL sulphur emissions regime by means of the installation of exhaust gas cleaning systems, commonly known as scrubbers, which will enable them to filter non-compliant fuel at a lower cost.

BIMCO has this week published two new clauses designed to address the forthcoming low sulphur content regime which will come into force on 1st January, 2020.

The forthcoming changes to the rules governing sulphur emissions contained in MARPOL Annex VI present technical, commercial and contractual challenges to shipowners.

即将生效的 MARPOL 公约附则VI中控制硫排放规则的修改,给船东带来了技术、 商业和合同订立方面的挑战。 •  哪一方负责额外费用? •  需要对目前使用的租船合同条款进行哪些修改? •  船东如何对现有或未来的租船合同进行修改,来为规则变更后的还船进行准备?

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