Ballast Water Management Clauses
10 January 2018
At a recent meeting INTERTANKO's Documentary Committee endorsed two new charterparty clauses dealing with ballast water management. The clauses for time and voyage charters seek to balance the rights and obligations of owners and charterers. The clauses aim to be of broad application:
INTERTANKO Ballast Water Management Clause for Voyage Charters
- Owners shall maintain a ballast water management plan in accordance with the vessel’s flag state requirements and carry out ballast water operations in accordance with such plan.
- If Owners fail to comply with the obligations in 1, Owners shall bear any additional costs, expenses and penalties. Any time lost shall not count as laytime or time on demurrage.
- If Owners have complied with the obligations in 1, but additional ballast water operations are required, then:
- the validity of the Notice of Readiness shall not be affected,
- any time lost due to such additional ballast water operations shall count as laytime or time on demurrage, and
- any additional costs, expenses and penalties shall be for Charterers’ account.
INTERTANKO Ballast Water Management Clause for Time Charters
- Owners shall maintain a ballast water management plan in accordance with the vessel’s flag state requirements, and carry out ballast water operations in accordance with such plan.
- If Owners fail to comply with the obligations in 1, Owners shall bear any additional costs, expenses and penalties and the vessel shall be off hire for any time lost.
- If Owners have complied with the obligations in 1, but additional ballast water operations are required, then the vessel shall remain on hire and any additional costs, expenses and penalties shall be for Charterers’ account.