Power limitation
As various classification societies have highlighted, such as DNV and Lloyd’s Register, the majority of the vessels are likely to adopt Engine Power Limitation (EPL) or Shaft Power Limitation (SHaPoLi) as such modifications are the least invasive and are less expensive faster to implement. This, however, may have a negative impact on the vessel’s speed. The older the vessel, the higher the power limitation required, which translates to a higher drop in maximum service speed.
EPL: It is an overridable semi-permanent limit on ship’s maximum power, i.e. a reduction in the power delivered to the propeller and is one of the least intrusive methods. It can be in the form of a password protected software or a mechanical stopper to limit the amount of fuel to the main engine (ref: IMO Resolution MEPC.335(76)). Owners may need to collaborate with the engine maker and their classification society to ascertain if there will be any adverse effect on the engine, such as increased vibrations, when continuously operating at lower speeds.
SHaPoLi: Ships with a multi engine setup may choose SHaPoLi, where a control unit will be fitted for calculation and limitation of the power transmitted to the propeller(s) by the shaft. This measure limits the shaft power instead of the main engine itself. Like EPL, it is a semi-permanent solution and crew will be able to use the unlimited or reserve shaft power when needed for safety.
Evidencing compliance
Impacted vessels will have to demon- strate compliance to their Flag State or recognised organization, i.e. the relevant classification society, by the first annual, intermediate or renewal survey for the International Air Pollution Prevention Certificate (IAPPC) on or after 1 January 2023. Following verification, an
International Energy Efficiency Certificate (IEEC) will be issued and the EEXI technical file will be endorsed. Vessels built post 2013 are likely to have sea trial evaluated EEDI and this can be used to assess compliance with EEXI. However, for older vessels, the process will be less straightforward since all the required
BIMCO EEXI Transition Clause for Time Charterparties (EEXI Transition Clause)
Taking a closer look at the EEXI Transition Clause, it is made abundantly clear that it is the owners’ duty to comply with the EEXI regulations when they are implemented in 2023.
The EEXI Transition Clause is largely focused on the most popular type of EEXI Modifications, which is power limitation or optimisation.
The EEXI Transition Clause allocates the time and costs of installation required for power limitations and the process under which it can be carried out. Owners are to use reasonable endeavours to plan and carry out such modifications without any loss of time to charterers but are ultimately allowed to take the vessel out of service, if necessary, to carry out such modifications. Costs and time for such modifications to be carried out are on owners’ account. Owners are to give at least 3 weeks’ notice on the anticipated timeframe and location of such modification works.
Once owners inform charterers of their plan for power limitation, charterers are obliged to provide the vessel’s
itinerary to owners and to keep owners updated on any possible changes.
Owners are required to provide charterers with the specification of the modifications and the estimated new performance warranties without any undue delay.
After the implementation (and certification) of the modifications, owners are to notify charterers of the new maximum speed and consumption figures of the vessel, and if the new maximum speed and consumption figures are lower than the existing performances warranties in the charterparty, they will replace the existing performance warranties. Charterers are not to instruct the vessel to sail at a speed which exceeds the new maximum speed.
Finally, the EEXI Transition Clause provides that any other EEXI modifications, i.e. categories 2 and 3 as mentioned in the Pathways to EEXI paragraph above, are subject to the agreement and approval of charterers, not to be withheld unreasonably or delayed by charterers.
The Report • June 2022 • Issue 100 | 79
documentation may not be available, such as the original sea trial reports. In such cases, the IMO will use a statistical mean of distribution of ship speed and engine power to obtain an approximate reference speed (ref. IMO Resolution MEPC.333(76)). This method however imposes a penalty of up to 1 knot.
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