BIMCO: Documentary Committee meets in Dubai

10 Май

Документальный комитет БИМКО собрался на сессию в Дубае 30.04.2014. Первым пунктом повестки была доработка проформы контракта линейного сервиса SERVICECON совместно с Глобальным форумом грузоотправителей (GSF). Кроме того, была разработана оговорка в рейсовый чартер о вреде для окружающей среды в соответствии с Приложением V к МАРПОЛ — “harmful to the marine environment” (HME). Были обсуждены проблемы, связанные с электронным коносаментом. Обсуждались инновации в проформе NYPE 93 (проформа тайм-чартера Нью-Йоркской товарной биржи). Проформы в работе:  ROPAXTIME, LNGVOY, Standard Bunker Contract. Кроме того внимание было уделено специализированным оговоркам: Bunker Non-Lien Clause, Ship to Ship Transfer Clause, North American Advance Cargo Declaration Clauses. В работе также находятся SUPPLYTIME 2005 и SLOTHIRE, а также линейная документация (совместно с FONASBA — Федерацией национальных ассоциаций судовых брокеров и агентов). Новые Правила истолкования сталии в рейсовом чартере, Shipmanagers’ Newbuilding Supervision Contract, Cold Cargoes Clause, Fumigation Clause and Sanctions Clause for Voyage Charters и др. проформы и оговорки.

Следующая сессия состоится в Копенгагене 07.11.2014.

Mr. Karel Stes, Chairman, welcomed BIMCO President, Mr. John Denholm, together with more than forty shipowner members and club representatives to the Documentary Committee meeting held in Dubai on 30 April. One new contract and two new clauses were adopted and approved for publication.

The first item on a full agenda was the adoption of the SERVICECON liner shipping service agreement. This is a liner-based contract where carriers agree to offer a fixed freight rate and provide space in return for a guaranteed number of containers to be moved by shippers over a given period. The Global Shippers’ Forum (GSF) has worked with BIMCO to develop the agreement and will assist in its promotion among small to medium size shippers. Subject to minor fine-tuning, the new contract will be published shortly.

HME Cargo Residues Disposal Clause for Voyage Charter Parties
The clause has been developed in response to the special circumstances of cargoes which are “harmful to the marine environment” (HME) where residues must be disposed of in accordance with MARPOL Annex V requirements. Normally, under a voyage charter, cargo residue and disposal would be for owners’ account. However, the current absence of a definitive list of HME substances, with determination often dependent on the accuracy of cargo declarations or subjective decisions by officials, coupled with the lack of port reception facilities, leaves owners exposed to unexpected costs and liabilities. The clause will apply where cargo is held to contain HME properties when charterers will become liable to owners for all extra costs connected with the removal and disposal of residues and/or hold washing water.

Electronic Bills of Lading
In the same way that electronic banking has become an accepted part of everyday commercial life, charterers have been pressing owners to agree to the use of electronic bills of lading. The concept has many advantages, not the least of which is the faster transmission of information which in turn will help to reduce the number of occasions when cargo arrives before the documentation. In response to the growing use of potentially problematic market-driven provisions, a clause has been developed by a sub-committee comprising representatives of owners, charterers, electronic systems providers and P&I interests. The provision will take effect where charterers, who are liable for any subscription or user fees, require use of electronic bills of lading, waybills or delivery orders in accordance with the paperless trading systems approved by the International Group of P&I Clubs. This important new provision will be published shortly with an invitation for users to share their experience so that developing trends and needs can be monitored.

NYPE 93 revision
Progress was reported on continuing discussions between BIMCO, ASBA and the Singapore Maritime Foundation (SMF) to update and improve the current form to take account of changes in commercial practice and court decisions since the last revision in 1993. Many specialist clauses developed over the last twenty years are being incorporated as standard including vessel and cargo security and slow steaming together with the latest war and piracy provisions.

The Documentary Committee agreed that the current draft is sufficiently close to completion to be released publicly as a “consultation” draft for industry feedback. A series of seminars introducing and explaining the new edition of NYPE are to be held in the US, Europe and Asia in the coming months.

Asian Gypsy Moth Clause
In response to restrictions imposed by a number of states to prevent infestation by the Asian Gypsy Moth during designated high risk periods, the revised draft NYPE 93 incorporates a new clause to apportion liability and the costs of fumigation, where required, between owners and charterers. Consideration is now being given as to whether the provision can be issued as a stand-alone clause for use in other documents or whether further refinement is required. A recommendation will be made at the November meeting.

Contracts under development

ROPAXTIME — A report was made on the development of a new Standard Ro/Ro Passenger Vessel Time Charter Party. This is an important niche document where specialist issues include the need to distinguish between owners’ and charterers’ crew together with passenger needs and amenities such as cabins, furnishings and public spaces.

LNGVOY — A new voyage charter party is being developed for the carriage of liquid natural gas, which is currently mainly carried under long-term time charters and, increasingly, spot charters. The consequences on usual voyage charter party principles of using cargo “boil off” as fuel as opposed to the owners providing and paying for conventional bunkers is one of a number of challenging issues facing the drafters of this specialised charter party.

Standard Bunker Contract — In order to encourage the contract’s usage worldwide, bunker interests in Singapore have been invited to comment on the current revision of the Standard Bunker Contract. A positive response has been received and the draft is now being examined by a BIMCO Sub-committee to consider modifications required to take account of mandatory provisions in Singapore. Proposals are awaited.

Specialist Clauses

Work is close to completion on a new Bunker Non-Lien Clause to protect owners against attempts by bunker interests to arrest a vessel in the event of charterers’ default on payment for fuel supplied for their account.

A sub-committee has been working on the development of a new Ship to Ship Transfer Clause for Voyage Charter Parties. However, when examining the issues, it became clear that this was not simply a matter of adjusting the existing time charter party provision but called for consideration of a number of complex issues. Work is continuing with a view to presenting a draft for consideration in November.

A new regulatory package covering requirements for carrier codes and financial bonds was published earlier this year by the CBSA (Canada Border Services Agency). However, a number of questions have yet to be resolved concerning the application process and arrangements but once the issues have been clarified, the North American Advance Cargo Declaration Clauses will be updated.

A sub-committee comprising representatives of owners, charterers and P&I interests, has been appointed to develop an anti-bribery and corruption clause for charter parties. The first meeting will take place in the early summer.

Full work schedule

In addition to matters already in progress, plans are also in hand to revise SUPPLYTIME 2005 and SLOTHIRE, review BIMCO bills of lading to incorporate the up to date Himalaya Clause and work with FONASBA on a revision of their liner documentation. New projects have also been identified for development over the medium term including a set of Definitions of Standard Shipping and Freight Terms, Shipmanagers’ Newbuilding Supervision Contract, Cold Cargoes Clause, Fumigation Clause and Sanctions Clause for Voyage Charters.

Next meeting
The next meeting will take place in Copenhagen on Friday 7 November 2014.
Source: BIMCO