BIMCO has approved new FuelEU Maritime and EU Emissions Trading System (ETS) clauses for inclusion in Memoranda of Agreements used in ship sale and purchase deals.
Developed by BIMCO’s Documentary Committee, the clauses are intended to bring greater certainty to transactions affected by EU climate regulations by clearly allocating compliance obligations, costs and data-sharing duties between buyers and sellers.
“Regulations such as the FuelEU Maritime and EU ETS are complex and reshape our industry. Therefore, contractual clarity is essential. The new clauses offer parties the tools they need to manage compliance obligations and avoid uncertainty during ship transactions,” said Stinne Taiger Ivø, Deputy Secretary General and Director of Contracts at BIMCO.
Under the FuelEU Maritime Clause for MoAs 2025, sellers remain responsible for regulatory compliance up to the point of delivery, including disclosure of verified compliance balances and submission of a partial FuelEU report after handover.
From delivery, buyers take over full FuelEU compliance, with provisions covering price adjustments and the handling of compliance balances.
The ETS Clause for MoAs 2025 establishes how emission reporting and allowance surrender are handled during ownership transfer, with sellers covering emissions before delivery and buyers assuming responsibility thereafter. The clause also includes buyer protections against liabilities arising from pre-delivery non-compliance.
Nicholas Fell, Chair of BIMCO’s Documentary Committee, said the additions expand BIMCO’s portfolio of carbon clauses and are intended to provide practical, industry-backed solutions as environmental regulation continues to evolve.
