BIMCO CII Operations Clause

The 2022 time charter clause and the 2023 voyage charter clause: the Agreed CII, the subclause (g) speed mechanism, and the preservation of existing warranties.

The BIMCO CII Operations Clause for Time Charter Parties 2022, adopted in November 2022 with an effective date of 1 January 2023, allocates responsibility for a ship’s carbon intensity rating between owner and charterer on the premise that the time charterer makes the operational decisions that drive it. A companion CII Clause for Voyage Charter Parties followed in 2023.

Two subclauses carry most of the weight. Subclause (c)(ii) preserves the existing despatch, speed and consumption warranties and leaves the charterer a separate claim, while barring it from relying on a breach to escape its own obligations. Subclause (g)(2) allows owners to reduce speed without breach and with the vessel remaining on hire. The full article will cover the Agreed CII, the data exchange obligations and the dispute mechanism.