INTERTANKO launches the Bunker Emission Clause for Time Charters and the INTERTANKO MARPOL Annex VI Clause for Bunker Supply Contracts

INTERTANKO's Documentary Committee has prepared the INTERTANKO Bunker Emission Clause for Time Charters and the INTERTANKO MARPOL Annex VI Clause for Bunker Supply Contracts to assist owners and charterers in ensuring compliance with MARPOL 73/78 Annex VI, regulations for the prevention of air pollution from ships which will enter into force on 19 May 2005, and similar European regulations.

Click here for a summary of MARPOL Annex VI.

Click here for guidelines for port state control under MARPOL Annex VI.  

In order for owners to comply with the considerable operational requirements with regard to emission control, those responsible for providing bunkers, whether bunker supply companies or charterers under time charterparties, must ensure that the bunkers supplied meet the requisite standards. The bunker delivery notes must contain the minimum information require by MARPOL Annex VI, which includes sulphur content and a statement that the fuel supplied meets the requirements of Regulation 14.1 or 4 a (the sulphur limit Regulations) and Regulation 18.1 (the general fuel quality Regulation) and is signed by the fuel supplier’s representative. Samples must be provided to the vessel which comply with the guidelines set out in MEPC96(47). Members are also referred to the INTERTANKO publication: A Guide to Bunkering of Ships for the purposes of Annex VI to MARPOL for further details and practical guidance.  

INTERTANKO BUNKER EMISSION CLAUSE FOR TIME CHARTERS 

1.      Owners warrant that the vessel shall comply with the emission control and other requirements of Regulations 14 and 18 of MARPOL Annex VI and any other laws or regulations relating to bunker specification and bunkering procedures applicable in any areas to which the vessel is ordered.  

2.      Charterers warrant that they will supply bunkers: 

a.      of sufficient quantity and quality to enable the vessel to meet the emission control and other requirements of Regulations 14 and 18 of MARPOL Annex VI and any other laws or regulations relating to bunker specification and bunkering procedures applicable in any areas to which the vessel is ordered, and 

b.      in accordance with the specifications in the latest version of ISO 8217 as at the time of supply and any other specifications contained elsewhere in this charterparty. 

3.      Charterers further warrant that all bunker suppliers shall comply with the requirements of MARPOL Annex VI and MEPC96(47) in respect of sampling and the provision of a bunker delivery notes and, where bunkers are supplied in a state where MARPOL Annex VI is in force, that suppliers shall be registered in accordance therewith.  

This clause confirms that owners will meet the emission limits in MARPOL Annex VI and any similar laws or regulations. It also places an obligation on charterers to ensure that their suppliers provide bunkers which enable owners to comply with the emission controls. The suppliers must also meet the requirements laid down in Annex VI in relation to sampling and bunker delivery notes. Suppliers in states where Annex VI is in force must also be registered.  

Many owners participate in fuel testing programmes and those owners who do so may wish to assume this obligation formally in the charterparty by adding a provision in the bunker clause that Owners further warrant that they shall throughout the currency of the charterparty participate in a fuel testing programme. 

INTERTANKO MARPOL ANNEX VI CLAUSE FOR BUNKER SUPPLY CONTRACTS 

1.      Notwithstanding any other provision in the bunker supply agreement, the suppliers hereby warrant the following:

    1. All bunkers supplied shall comply with the quality requirements of MARPOL Annex VI,
    2. The vessel shall be provided with a delivery note in accordance with and containing the minimum information required by MARPOL Annex VI,
    3. The vessel will be provided with a representative sample of the bunkers oil delivered in accordance with MARPOL Annex VI and the guidelines set out in MEPC96(47). 

Both owners and time charterers depend on suppliers in order to comply with Annex VI. A Clause has therefore been provided for incorporation in bunker purchase contracts to ensure that the suppliers provide bunkers which meet the quality requirements set out Annex VI, follow the correct sampling procedures and supply a bunker delivery note in the correct form. This clause can be used by owners or time charterers. 

In devising these clauses INTERTANKO has tried to take a balanced and practical approach, which it hopes will be useful for owners and charterers alike. 

Contact: John Fawcett-Ellis