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White paper calls for urgent changes to charter parties to meet MEPC 80 goals

Shipping is still digesting the enormity of the agreed new green targets from this July’s gathering of the Marine Environment Protection Committee (MEPC) meeting at the International Maritime Organization at which it was agreed there will be indicative checkpoints to reach net-zero greenhouse gas emissions from international shipping of 20% striving for 30% by 2030, and 70% striving for 80% by 2040, compared to 2008 levels. On top of this, the industry is beginning to have to factor in the imminent inclusion of shipping in the European Union emissions trading scheme. 

DNV‘s recently published Maritime Forecast to 2050 made the good point that given the competition from other industries for limited amounts of green fuels by 2030, shipping must focus beyond fuels, in particular on what can be done now to achieve energy efficiencies and carbon emission reductions.

“The 2020s marks the decisive decade for shipping. Securing greener fuel supply is critical. However, focusing on fuels alone can distract us from making an impact this decade and ambitious future declarations are not good enough. What we need is tangible actions that will reduce emissions. Energy efficiency measures can deliver decarbonisation results now and towards 2030,” commented Knut Ørbeck-Nilssen, the CEO of DNV Maritime.

To this end, New York-based tech firm Nautilus Labs has published a white paper discussing revised charter parties to meet MEPC 80 goals.

Owners and charterers will need to look at how they operate with approaches such as slow steaming and how they structure charter parties, the white paper argues, going on to argue: “It is no secret that these agreements are still very much rooted in the traditions of another era; static and penalty-focused, they are relics of a less dynamic time. Quite simply, they are not fit for underpinning modern trade.”

Rather than operate in silos, Nautilus Labs called for all parties to focus on collaboration conceding this would be easier said than done, particularly when considering the “inherent distrust and commercial sensitivities” that colour many relationships in shipping. 

Nautilus Labs is calling for the re-examination of the agreements between charter parties and how they could help maintain commercial competitiveness and enable regulatory compliance. 

“With most of the world’s fleet chartered, these contracts significantly influence how vessels operate. Interrogating their current structure could present an opportunity to better support owners and charterers in achieving sustainability goals,” the research suggests. 

Doing that requires greater levels of trust, which can only be unlocked by the open access of unimpeachable information. Historically, this might have been hard to achieve, with vessel performance data available in noon reports. That is all changing; more companies have access to high-frequency data generated by sensors that, in many cases, are already in place. When used properly, this data can inform the creation and implementation of more dynamic charter party clauses. These, in turn, could radically reshape how owners and charterers work together and operate vessels in an economically and environmentally beneficial way. 

Studies have shown that vessels with higher design efficiency save more fuel, yet the structure of time charter agreements means that owners receive little financial benefit. There can be little incentive to make ships energy efficient. Charterers pay for the fuel, so the cost of fuel consumption, and therefore any attendant savings, falls on their shoulders. 

Agreements often consist of static clauses with little scope or incentive for performing better than agreed benchmarks, the paper points out. For instance, minimal speed clauses are a common feature in charters. Yet what is agreed and what is optimal for the voyage might be very different. If this is the case, the clause takes precedence. It could lead to operating behaviour such as the so-called “hurry-up-and-wait” or “sail-fast-then- wait” (SFTW) model, often resulting in vessels sitting idle and increasing emissions. This, in turn, would leave the charterer with additional expenses, as well as causing the vessel’s CII score to decline faster, impacting the owner.

Such contracts, which could penalise better performance, need to evolve, Nautilus Labs urged. 

Dynamic terms suggested by Nautilus Labs could include collaborative CII management to maintain peak efficiency and agreed-upon CII scores; time charter fouling, encouraging corrective actions once thresholds have been crossed; performance-based time charter clauses establishing a dynamic speed and consumption curve based on accurate predictions of actual performance instead of a fixed description; just-in-time (JIT) arrival clauses; and finally flexible speed clauses supporting virtual arrival with dynamic speeds to arrive at port at an agreed-upon date and time based on simulations 

Many of those improved clauses rely on accurate modelling and simulation. This requires the creation of digital twins, solutions that are only possible with data. That means sharing information, historically a contentious issue in the shipping industry. 

Sam Chambers

Starting out with the Informa Group in 2000 in Hong Kong, Sam Chambers became editor of Maritime Asia magazine as well as East Asia Editor for the world’s oldest newspaper, Lloyd’s List. In 2005 he pursued a freelance career and wrote for a variety of titles including taking on the role of Asia Editor at Seatrade magazine and China correspondent for Supply Chain Asia. His work has also appeared in The Economist, The New York Times, The Sunday Times and The International Herald Tribune.
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