The Port Call Data Exchange Clause is designed specifically for use with the IMO data model framework for ships that will call at ports where the scheme has been implemented and where the exchange of ship/port information requires the IMO data format.
If the ports of call or any relevant third party require information regarding the arrival and departure of the Vessel to be provided using the IMO data model framework, the Owners and Charterers shall use their reasonable endeavours to do so.
“IMO data model framework” means the Data Set and Reference Data Model defined in the IMO Compendium on Facilitation and Electronic Business (FAL.5/Circ.41.), or as subsequently amended.
Background
There are currently different systems in place globally for information sharing between ships and ports regarding ships’ arrival and departure times. The IMO Data Model Framework aims to harmonise this information so that it can be sent in the same format in all ports and terminals around the world. For this purpose, the IMO Data Model Framework has introduced a number of “timestamps”, for example, the “Requested Time of Arrival” (RTA). The timestamps will be used together with a position, such as, “the pilot boarding place” or “berth”. The combination of the timestamps and positions is what will be used in the communication between ships and ports for planning arrivals and departures.
The Port Call Data Exchange Clause has been drafted to promote the use of the IMO Data Model Framework as a globally harmonised method of exchanging arrival information between ships and ports.
BIMCO is grateful to the experts on the subcommittee.
Mr Raoul Baart, Anthony Veder Chartering
Mr Paul J. Brown, INEOS Trading and Shipping
Mr Steven Cockburn, North of England P&I Club
The clause requires the parties to use their reasonable endeavours to provide information regarding a vessel’s arrival and departure using the IMO data model framework.
The clause is designed not only for parties operating just in time arrival schemes, but also for other conventional port calls where adherence to the IMO time stamp terminology is required. It can therefore be used independently from the BIMCO Just in Time Arrival Clause for Voyage Charter Parties 2021 because using the IMO data format may apply for normal ship arrivals where a “just in time” scheme is not used.
The words “or any relevant third party” are meant to cover other parties operating within a port that might not be covered by the port authorities’ rules for sending information.
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