On 13 October 2023 BIMCO released its CII clause for voyage charters. Considerably shorter and simpler that its CII clause for time charters, the clause allows owners/master with a view to reducing the vessel’s carbon intensity, to adjust course and reduce speed or RPM provided that vessels’s speed in good weather conditions (to be defined by parties) shall not fall below a knot rate (to be defined by the parties) during any voyages under the charter.
When doing so this will constitute compliance with the owners’ obligation to proceed on the usual/customary route with utmost/due despatch.
The charterers are to ensure that the terms of the transport documents issued by or on behalf of owners evidencing contracts of carriage provide that Owners’ exercise of their rights under the clause does not constitute a breach of that contract. Charterers are to indemnify owners in respect of any liabilities under such contracts of carriage that result in more onerous liabilities for Owners than those assumed under the clause.
The clause is without prejudice to any express or implied rights under the charter entitling Owners to proceeds at speeds below the minimum speed stated in the clause.
Within a specified period of days ( if none, the default is seven days) of completion of final discharge of the cargo under the charter, Owners shall make available to the Charterers: (i) details of the types and quantities of fuels consumed under the Charter Party; and (ii) distance travelled with respect to both the ballast and laden voyages.
The clause does not affect the agreed laycan under the voyage charter.
The clause will also benefit Owners trading into and out and within the EU in reducing carbon emissions and so reduce the cost to the ‘shipping company’ of acquiring and surrendering allowances in respect of those allowances.