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BIMCO adopts FuelEU Maritime clause for charter parties

BIMCO FuelEU Maritime Clause for Time Charter Parties 2024 is developed to help stakeholders align their contractual frameworks ahead of the FuelEU Maritime regulation.

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International shipping association BIMCO on Monday (25 November) said it has adopted a new contractual clause for time charter parties relating to the FuelEU Maritime regulation, which will come into force on 1 January. 

The BIMCO FuelEU Maritime Clause for Time Charter Parties 2024, which is designed for incorporation into time charter parties, is developed to help stakeholders align their contractual frameworks.

The focus of the BIMCO’s Documentary Committee has been on developing a standard clause that is workable for most scenarios and commercial relationships. For longer period charter parties, the charterers will have the flexibility to decide on their compliance strategy whether that be utilising pooling, banking or borrowing. 

“This clause has been eagerly awaited by the industry. January is almost here, and the FuelEU Maritime regulation is complex. Because of this, we have carried out several industry consultations during the drafting process to make sure that we arrived at a clause that works in practice,” said Stinne Taiger Ivø, Deputy Secretary General and Director of Contracts at BIMCO.

“The FuelEU Maritime regulation will significantly impact the shipping industry, even more so than the EU Emissions Trading System. The clause we have adopted today is the result of a collaborative process between owners, charterers, P&I and legal experts and other stakeholders,” says Nicholas Fell, Chair of BIMCO’s Documentary Committee.

The company responsible for compliance with FuelEU Maritime under the new BIMCO clause is the shipowner. In reality, however, it may be a third-party shipmanager who has agreed to take over all the duties and responsibilities imposed by the International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM). BIMCO is therefore working on developing a clause for BIMCO’s ship management agreement, SHIPMAN.

In December last year, the Documentary Committee adopted a new Emission Trading Scheme Allowances Clause for BIMCO’s ship management agreement, SHIPMAN, and three ETS clauses for Voyage Charter Parties. Moreover, in June this year, the Documentary Committee adopted three ETS clauses for Contracts of Affreightment.

Other published decarbonisation clauses in BIMCO’s carbon clauses portfolio include the Emission Trading Scheme Allowances Clause for Time Charter Parties, CII Clause for Voyage Charter Parties, CII Operations Clause for Time Charter Parties and the EEXI Transition Clause for Time Charter Parties.

Antonia Panayides, partner in Reed Smith’s Transportation Industry Group who serves on the BIMCO drafting committee for FuelEU Maritime, said: “The new FuelEU Maritime Clause for Time Charter Parties is important for the industry, as the Regulation expressly provides that parties should look to their contractual agreements to implement the ‘polluter pays’ principle.

“It is not only time charter contracts that need to take FuelEU Maritime into account, many shipping contracts will need to consider the impact of FuelEU Maritime such as contracts of affreightment, ship management agreements, bunker supply agreements and sale and purchase contracts.

“The clause for time charter parties introduces an approach whereby charterers pay a ‘surcharge’ to owners if the vessel incurs a compliance deficit during the charter period. The parties are to agree when such payment should be made. The surcharge represents the owners’ exposure to a FuelEU penalty, proportionate to the charter period.

“Where the charterer redelivers the vessel with a surplus, the parties can agree on a sum to be paid by owners to charterers for generating such surplus, where that surplus remains with the vessel and has value.

“Subject to the duration of the charter period, charterers may also instruct owners on pooling, borrowing and banking.

“The clause can be adapted by the parties to suit their commercial arrangements, such as taking into account charter duration and whether owners have already committed to pools etc.

“Everyone affected by the Regulation feels strongly about its impact, and the clause has been structured to help achieve compliance. By offering guidelines and accommodating flexibility, the clause aims to provide a foundation for parties to collaborate and meet the Regulation's requirements.

“The new clause ensures that FuelEU Maritime compliance is integrated into time charters, emphasising shared responsibility under the ‘polluter pays’ principle.”

Related: BIMCO adopts new CII clause for voyage charter parties 

 

Photo credit: BIMCO
Published: 28 November, 2024

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FuelEU

FincoEnergies launches pooling service for FuelEU Maritime compliance

FuelEU Pooling service enables undercompliant vessels to meet their compliance targets by pooling with vessels running on GoodFuels sustainable bio bunker fuels.

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GoodFuels biofuel supplier FincoEnergies on Wednesday (16 April) announced the launch of its FuelEU Pooling service, created to enable shipowners to meet FuelEU Maritime compliance in a cost-effective way.

FuelEU Maritime, effective from 1 January 2025, mandates the reduction of greenhouse gas intensity of energy used on board ships trading in the EU. For many operators, particularly those with limited access to low-carbon fuels, compliance can be both complex and costly.

Designed for shipowners, operators, charterers, and technical managers, FincoEnergies’ FuelEU Pooling service enables undercompliant vessels to meet their compliance targets by pooling with vessels running on GoodFuels sustainable biofuels, when these vessels are overcompliant and have ‘Surplus’ emission reduction available for allocation.

FincoEnergies also partnered with Lloyd’s Register (LR), who supported the development of the service. Their technical expertise has enabled shaping a solution that aligns with both regulatory requirements and FincoEnergies' established position as a biofuel supplier in the fuel supply chain.

“FuelEU Maritime represents one of the most important regulatory shifts for the shipping industry in decades,” said Alberto Perez, Global Head, Maritime Commercial Markets at LR. “By integrating technical expertise with strategic guidance, we ensure shipowners, operators, and suppliers not only comply with evolving emissions standards, but also proactively transform their operations, embracing new technologies and alternative fuels to ensure a sustainable and profitable future.”

“With a decade of experience in biofuel bunkers and carbon certificate trading in the voluntary market, we are excited to expand our creative and solution-oriented product portfolio with FuelEU Pooling,” said Johannes Schurmann, Commercial Director International Marine at FincoEnergies. 

“Thanks to our physical presence in the supply chain, shipping companies looking for FuelEU surplus can confidently rely on us as a trusted partner in their decarbonisation journey.”

Through its role as Pool Organiser, FincoEnergies streamlines the entire pooling process – from performing biofuel bunkers and prefinancing Surplus, to Surplus allocation and pool verification. With cost-effective pricing, FuelEU Pooling provides shipping companies with a competitive alternative for changing their fuel mix themselves.

 

Photo credit: FincoEnergies
Published: 21 April, 2025

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Decarbonisation

VPS: Turning shipping’s regulatory demands into operational and commercial advantages

Steve Bee and Emilian Buksak explore how the company can support the shipping industry in transforming challenges of environmental legislations into operational efficiencies and commercial benefits.

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Steve Bee, Group Marketing and Strategic Projects Director, and Emilian Buksak, Decarbonisation Advisor of marine fuels testing company VPS, on Monday (7 April) explored how the company can support the shipping industry in transforming the challenges of environmental legislations into operational efficiencies and commercial benefits: 

As far back as 1981, long before the word “sustainable” was ever applied to the protection of the planet, VPS marine fuel quality testing (FQT) service was clearly focused on achieving a sustainable global shipping fleet. Even before the existence of any international marine fuel quality standard, VPS was testing fuel to ensure the protection of, vessel operations and engines, crew health & safety and the environment.

At present, global shipping is navigating its way on a voyage to decarbonisation and sustainability, with increasingly complex regulatory and legislative requirements being placed upon vessel owners and operators. In support of such requirements, digitalisation and the demand for immediate accurate data, along with the use of low-to-zero carbon fuels, are now necessities within shipping, as it strives to achieve numerous levels of compliance.

Today, VPS continues to provide market-leading testing and inspection services that support shipowners & operators to comply with and go beyond regulatory requirements, by extending the lifetime and usage of fuels and lube oils and indirectly that of the assets in which they’re employed. VPS testing and data solutions support vessel operators by providing comprehensive services that bridge the gap between complex regulations and practical, day-to-day operations.

Through fuel quality testing, VPS verifies a vessel’s fuel, be it fossil, bio-based or methanol, that it’s meeting current stringent specifications. By identifying quality issues early, operators avoid engine damage, unplanned downtime, and expensive retrofits. Even as new low-carbon fuels enter the market, VPS’s in-depth testing ensures every batch is “fit for purpose,” giving vessel operators confidence as these alternative fuels are being assessed. Through the test data generated VPS helps its customers gain the most value from their procured fuels.

Rigorous lubricant testing complements this, helping fine-tune equipment to maintain operational efficiency and reduce downtime. Additionally, VPS deploys emissions measurement equipment to gather accurate data crucial for both compliance reporting and operational insights.

Then, beyond testing and its associated data services, VPS offers decarbonisation software and advisory services spanning strategic decarbonisation planning, to vessel fuel performance optimization, including speed and power generation management, technical and operational efficiency initiatives, and even basic crew training. By pinpointing improvement areas across a vessel’s operating cycle, VPS helps reduce fuel consumption, lower emissions, and ultimately support operators’ transition to cleaner and more cost-effective operations.

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But first let us look at the current legislative requirements and its challenges.

From the initial implementation of the International Maritime Organisation (IMO) MARPOL Annex VI, coming into force on 19th May 2005, shipping has witnessed numerous levels of legislation being introduced to which vessels must comply.

Decarbonisation targets, are driven in the main by the IMO and its initial strategy for a reduction in the carbon intensity of international shipping (to reduce CO2 emissions across international shipping, by at least 40% by 2030, pursuing efforts towards 70% by 2050, compared to 2008) and that total annual GHG emissions from international shipping should be reduced by at least 50% by 2050 compared to 2008.

In 2023, IMO introduced a revision to its decarbonisation strategy, stating the carbon intensity of ships needs to decline through further improvement of the energy efficiency of new ships. Also, the need to strengthen the energy efficiency design requirements for ships, leading to a reduction in the carbon intensity of ships, so supporting the reduction of CO2 emissions by at least 40% by 2030, compared to 2008. Also, the uptake of zero or near-zero GHG emission technologies, fuels and/or energy sources to increase and represent at least 5%, striving for 10%, of the energy used by international shipping by 2030 and GHG emissions from international shipping to reach net zero by or around 2050.

This strategy revision introduced Indicative Checkpoints, to monitor the progress of the reduction of the total annual GHG emissions from international shipping by at least 20%, striving for 30%, by 2030, compared to 2008 and the reduction of the total annual GHG emissions from international shipping by at least 70%, striving for 80%, by 2040, compared to 2008.

The IMO GHG strategy is supported by:

CII - Carbon Intensity Index, which determines the annual reduction factor needed to ensure continuous improvement of a ship's operational carbon intensity within a specific rating level. The ratings go from an inferior performance level – E, to the major superior level – A. Measuring the CO₂ emitted per cargo-carrying capacity per nautical mile, CII incorporates, speed optimization, biofouling management and alternative fuels usage.

Each year it becomes more difficult for a ship to improve its CII rating. But the best performing vessels are likely to trade at a premium.

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Since 2024, the CII must be calculated and reported to the Data Collection System Verifier along with the previous year’s aggregated DCS data. This must include any correction factors or voyage adjustments. The deadline for DCS and CII submission is no later than 31 March each year.

The attained annual operational CII and the environmental rating (A to E) is noted on the DCS Statement of Compliance (SoC), which is required to be kept on board for five years.

In case of a D rating for three consecutive years or one E rating, the Ships Energy Efficiency Management Plan (SEEMP) Part III must be updated with a corrective action plan and verified before the SoC can be issued. The corrective action plan should consist of an analysis of why the required CII was not achieved and include a revised implementation plan.

It is worth noting at this point that the use of low-carbon fuels such as LNG, Bio-LNG, Biofuels and Methanol, offer immediate emissions reductions, which will significantly assist vessels improve their CII ratings and comply with the tightening regulations.

For over four years VPS have led the market in the understanding of marine biofuels and methanol. VPS laboratories have undertaken significant R&D work regarding innovative testing technologies and methods, to assist in improved fuel management and environmental compliance. Between 2021-2024 VPS tested samples equating to over 1.6million mt of delivered biofuels. This work has covered bio-components such as the most common FAME, plus HVO, Cashew Nut Shell Liquid (CNSL) and Tyre Pyrolysis Oil (TPO). Such experience and expertise are then passed on to VPS customers to enhance their understanding of such fuels and achieve the emissions reduction and efficiency improvements required.

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Note: The full article by VPS can be read here.

 

Photo credit: VPS
Published: 8 April, 2025

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Biofuel

OceanScore launches free-to-use digital platform to trade FuelEU biofuel compliance credits

In an interview with Manifold Times, Managing Director Albrecht Grell said the new platform supports current marketing practises used by EU-based biofuels suppliers and bunker trading firms.

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OceanScore launches free-to-use digital platform to trade FuelEU biofuel compliance credits

Hamburg-based technology platform OceanScore has launched a platform to facilitate the trading of biofuel surpluses and deficits under the FuelEU Maritime Regulation pooling scheme, learns bunkering publication Manifold Times.

The platform is designed to be simple and user-friendly, allowing bunker companies to find buyers for their surplus biofuels and shipping companies to find suppliers. It is free-to-use, with a low fee for signing on, and is intended to complement OceanScore's main software solutions.

Further, the new platform complements current marketing practises used by European Union (EU)-based biofuels suppliers and bunker trading firms in lieu of FuelEU Maritime, informs Albrecht Grell, Managing Director, OceanScore.

“EU-based biofuel companies are now employing two strategic options to convince a shipping company to buy biofuels,” he told Manifold Times in an interview.

“The first option is just good marketing, good product and good prices.

“The second option is a discount-based strategy targeting vessels that have defined and very reliable European trading patterns. This means that when the vessels burn biofuel, they create a lot of compliance surplus as the vessels are always in Europe.

“To these vessels, quite a few European bunkering companies are selling biofuels at a discount. In return, there is an agreement for the shipping company to include these vessels into a compliance pool managed by the bunkering firms, so that the latter can sell their customers’ compliance surplus to others.”

According to Grell, OceanScore's platform is simpler and more user-friendly compared to competitors. The platform does not require complex onboarding or KYC processes, making it accessible to a wider range of companies.

The firm does not tokenise compliance pooling, keeping the process straightforward. The platform is designed to be a meeting place for buyers and sellers, without unnecessary complications.

“How do we make money? We don't, frankly, with that platform, we don't make money because we make our business more on the general software that we sell towards managing FuelEU and EU ETS for shipping companies,” he said.

“Our main business is really our Compliance Manager that helps shipping companies run their commercial processes to manage EU ETS and FuelEU. This FuelEU Pooling Marketplace is just an add on service – but it benefits from the market leading position we have built in the EU ETS and FuelEU space with more than 1500 vessels using our platform.”

Moving forward, Grell addressed concerns about data security and privacy, especially for bunker trading firms using the platform.

He explained that the platform is an advertising platform, with only a sample of prices is visible to the public. Customers must go through OceanScore's authentication process to access the platform, and transactions are handled off-platform to maintain confidentiality and privacy.

Related: OceanScore to launch combined EU ETS and FuelEU solution in Singapore
Related: OceanScore calculates EUR 175 mil potential costs for Greek shipping with FuelEU Maritime
Related: OceanScore models price scenario for FuelEU pooling as alternative to penalties
Related: OceanScore opens new Singapore office for Asia Pacific expansion
Related: OceanScore reveals ship segments set to feel EUR 1.3 billion sting of FuelEU penalties
Related: FuelEU: New regulation leaves DoC holder with fuel liabilities risk, says OceanScore
Related: ‘Big opportunity’ for bunker traders, suppliers on upcoming FuelEU regulation, forecasts OceanScore

 

Photo credit: OceanScore
Published: 7 April 2025

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