Hold Cleaning/Residue Disposal Clause for Time Charter Parties 2013
Overview
Hold Cleaning/Residue Disposal Clause for Time Charter Parties 2013
(a) The Charterers may request the Owners to direct the crew to sweep and/or wash and/or clean the holds between voyages and/or between cargoes against payment at the rate of ……. per hold, provided the crew is able safely to undertake such work and is allowed to do so by local regulations. In connection with any such operation the Owners shall not be responsible if the Vessel's holds are not accepted or passed. Time for cleaning shall be for the Charterers’ account.
(b) All cleaning agents and additives (including chemicals and detergents) required for cleaning cargo holds shall be supplied and paid for by the Charterers. The Charterers shall provide the Owners with a dated and signed statement identifying cleaning agents and additives that, in accordance with IMO Resolution 219(63) Guidelines for the Implementation of MARPOL Annex V, are not substances harmful to the marine environment and do not contain any component known to be carcinogenic, mutagenic or reprotoxic.
(c) Throughout the currency of this Charter Party and at redelivery, the Charterers shall remain responsible for all costs and time, including deviation, if any, associated with the removal and disposal of cargo related residues and/or hold washing water and/or cleaning agents and detergents and/or waste . Removal and disposal as aforesaid shall always be in accordance with and as defined by MARPOL Annex V, or other applicable rules.
Explanatory notes
On 1 January 2013 amendments to MARPOL Annex V concerning the disposal of cargo residues and hold washing water containing materials that may be harmful to the marine environment (HME) came into force. BIMCO’s existing Hold Cleaning/Residue Disposal Clause for Time Charter Parties already largely addressed the correct disposal methods for cargo residues and hold washing water in accordance with MARPOL requirements. However, the new legislation also relates to cleaning agents and additives used for hold cleaning which may also be harmful to the marine environment, which is not covered by the Clause at present.
At the meeting of the Documentary Committee held in Paris on 27 May 2013 a revised version of the Hold Cleaning/Residue Disposal Clause for Time Charter Parties incorporating HME amendments was approved for publication.
The following notes summarise the main changes to the Hold Cleaning/Residue Disposal Clause.
The Clause consists of three sub-clauses:
Sub-clause (a) dealing with the charterers’ option to request the owners to instruct the crew to carry out hold cleaning for charterers’ account remains unchanged.
Sub-clause (b) contains the most significant suggested amendments to deal with HME. This part of the Clause covers the provision of cleaning material by the charterers. The suggested amendments change the reference to “materials” to “cleaning agents and additives” as this is the phraseology used in MARPOL Annex V. A new final sentence has been added. It obliges the charterers to give owners a dated and signed statement that, in accordance with provisions set out at IMO Resolution 219(63) Guidelines for the Implementation of MARPOL Annex V, cleaning agents and additives are not harmful to the marine environment and do not contain components that are carcinogenic, mutagenic or reprotoxic.
Finally, Sub-clause (c) changes the previous reference to “chemicals” to “cleaning agents” to be consistent with Sub-clause (b). Additional suggested wording clarifies that the removal and disposal of cargo residues, hold washing water and cleaning agents is to be done in accordance with MARPOL Annex V which, as of 1 January, distinguishes between the disposal of substances harmful to the marine environment and those which are not harmful.
It is hoped that members will find the revised Clause helpful in addressing the new requirements of MARPOL Annex V. To supplement the Hold Cleaning/Residue Disposal Clause for Time Charter Parties 2013, work is underway to prepare some suggested wording for voyage charter parties.
Originally published in BIMCO Special Circular No. 6, 18 July 2013 - Revised Hold Cleaning/Residue Disposal Clause for Time Charters
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