BIMCO’s Documentary Committee has approved new FuelEU Maritime and ETS clauses for use in Memoranda of Agreement (MoAs) for ship sale and purchase. The clauses address how the FuelEU Maritime Regulation and the EU Emissions Trading System (EU ETS) affect vessel transactions and aim to give buyers and sellers greater certainty.
“Regulations such as FuelEU Maritime and EU ETS are complex and reshape our industry. Contractual clarity is essential,” said Stinne Taiger Ivø, BIMCO’s Deputy Secretary General and Director of Contracts. “These new clauses give parties the tools to manage compliance obligations and avoid uncertainty during transactions.”
Both clauses define responsibilities, cost allocation, and data-sharing duties under the current regulatory frameworks. The ETS clause can also apply to future emission trading schemes.
The FuelEU Maritime Clause for MoAs 2025 outlines the seller’s compliance duties at the time of delivery. It requires disclosure of verified compliance balances from previous reporting periods and a partial FuelEU report after delivery. It also includes price-adjustment mechanisms tied to positive or negative compliance balances, limits the seller’s ability to borrow advance compliance before delivery, and requires buyers to provide post-delivery data when needed. After delivery, the buyer assumes full responsibility for FuelEU compliance, including banking, borrowing, and pooling rights.
The ETS Clause for MoAs 2025 sets out how parties handle emission allowances during the transaction. Sellers must meet all reporting requirements up to delivery, submit a verified partial emissions report after delivery, and surrender allowances for pre-delivery emissions. Buyers take over responsibility for allowances from delivery onward. An indemnity clause protects buyers from liabilities arising from the seller’s pre-delivery non-compliance.
“With this latest addition, BIMCO is expanding its portfolio of carbon clauses to support the industry through regulatory change,” said Nicholas Fell, Chair of BIMCO’s Documentary Committee. “These clauses are practical, consensus-driven solutions shaped by broad stakeholder input to ensure they work in practice.”
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