Article - April 6, 2023
Chartering in a vessel on a voyage or a time charter is not what it used to be. Most of the legal contents in the contract between a ship owner and a vessel charterer go back to the 1940s. Commercially speaking, little has changed. It is key for the charterer to order the vessel to sail at the agreed speed as warranted in the Charter Party (CP) in order to claim any excess consumption or loss of time from the owner after the end of the voyage. Similarly, the owner must provide a vessel that is sailing at the warrantied speeds and consuming according to what is stated in the CP to avoid claims.
Now, this is about to get more complicated. From the 1st of January 2023, the International Maritime Organization (IMO) introduced the requirement for calculating the Carbon Intensity Indicator (CII) for all ships above 5000 GT. For the ship owner, this means the vessel needs to meet a certain CII level in grams CO2 per sailed nm (gCO2/dwt*nm). Failure to meet this requirement over time may penalize the ship owner. For the charterer of the vessel, this means that also the CII for the voyage needs to be taken into account, in addition to the speed and consumption as in the past.
IMO introduced the CII as one of the measures to encourage shipping to become more effective and to reach IMO’s target of reduction in the carbon intensity of ships by at least 40% by 2030, compared to the 2008 figures. Industry groups are debating whether the CII is effective for reaching the global CO2 reductions target for shipping. Leaving that debate on the side for the time being, it is a fact that the regulations are set and will impact commercial shipping going forward.
BIMCO, a leading shipping interest group, has issued a set of clauses for how to handle CII as part of a CP contract. Following these in practice means that a vessel must comply with a contracted CII as given in the CP contract, and it is the charterer’s responsibility to make sure the CII is not exceeded. Easier said than done, given how commercial shipping is set up and running.
Being a fly on the wall inside a chartering office these days, you could hear concerns like: ‘How do we calculate the CII for this vessel when only having limited information about it?’ ‘What will be the CII after the end of the voyage for this vessel if trading cross-Atlantic in the upcoming storm season?’ ‘How should I operate the vessel to keep the CII below the CP CII for this voyage (CII requirement as given in the CP contract)?’ and many more.
With all these new considerations, a charterer today needs better tools for both CII simulation and also for monitoring the CII during a charter period. Key things that must be in place to be able to accurately manage CII for a TC vessel going forward are:
Early movers will have an advantage. When the EU includes shipping into its Emission Trading Scheme (ETS) from the 1st of January 2024, all preparations done for CII will benefit a chartered fleet by having accurate figures for CO2 emission available.
History shows us that those able to adapt to changing environmental conditions also have the greatest chances for success. In a way, you can project the same to the topic of CII for shipping. CII is not a perfect measure of a vessel’s fuel efficiency, and there are effects of CII which are contradicting a GHG emissions reduction target. Still, it is a measure that will have to be adhered to in commercial shipping going forward. Early movers will have an advantage. When the EU includes shipping into its Emission Trading Scheme (ETS) from the 1st of January 2024, all preparations done for CII will benefit a chartered fleet by having accurate figures for CO2 emission available. With a cost for one tonne of emitted CO2 in the EU soaring at nearly EUR 100 end of 2022* (which equals ~EUR 300 per ton of fuel consumed), being prepared for CII can also be a good investment.
* The benchmark EU Allowance (EUA) December 2023 contract closed at 98.30 euros a tonne. Source: Reuters.com
Published on 30.03.2023