Decarbonisation - Charterparty and Bills of Lading Issues The short term measures that will come into effect on the 1 January 2023 as part of the IMO Strategy on Reduction of GHG Emissions from Ships were adopted at MEPC 76 in June 2021, and will be applied by way of Chapter 4 of MARPOL Annex VI. Articles Malcolm Shelmerdine Published: February 18, 2022 Contact author Download article pdf As discussed in Hill Dickinson’s article on the Club’s website -  Decarbonisation and Shipping  - the aim is the gradual reduction of a ship’s carbon intensity through the adoption of both technical and operational measures, with technical issues being measured by the ship’s Energy Efficiency Existing Ship Index (EEXI) and operational issues by a Carbon Intensity Indicator (CII). The short term measures will introduce challenges for both Owners and charterers but so far as Charterparty and bills of lading these are likely to include: Charterparty 1 Cost The costs associated with maintaining or improving a ship’s energy efficiency over time are likely to mean modifications to hulls or propulsion systems or other efficiency improving devices, and as ever when a vessel is on Charter, or perhaps even about to be delivered into a charter service, questions as to who is going to pay for the cost and time involved in making any such changes will arise. This question – who pays, was addressed by the English Courts in a related but slightly different context because of an earlier MARPOL change that came into effect in April 2005. This was  The Elli and The Frixos  [2008] EWCA Civ 584, a case that went all the way to the House of Lords. See last Club article on this case:  Due Diligence - Obligation to Maintain II.   The MARPOL change at that time was that fuel oil could only be carried in double-hulled vessels or vessels classed as “double-sided”. The two vessels had been on long term charters and were described in the charters as “double-sided” but becaus