Bugs, Bills, and Bunkers: The Hidden Costs and Compliance of Deratization & Cargo Fumigation

 🚢 Bugs, Bills, and Bunkers: The Hidden Costs and Compliance of Deratization & Cargo Fumigation

❓Three Quick Questions to Spark Your Curiosity:

1. Do you know who pays if a rat certificate delays your vessel?
2. Can fumigation ever put your vessel off-hire?
3. Are your Master and crew protected from liabilities during cargo fumigation?

If you're unsure about any of these — keep reading. This post could save your operation from costly detentions, claims, or compliance failures.

 

🔍 Clause 44 – Deratization & BIMCO Fumigation Explained

📜 Clause Summary:

Owners’ Obligations:

• Must provide a valid Deratization Certificate upon vessel delivery.
• Costs of renewal or delays (if certificate expires or is rejected) are for the Owners’ account.

Charterers’ Responsibilities:

• For Brazilian ports, Charterers must arrange and pay for:
• Brazilian Pestilence Control Certificate
• Indoor Air Quality Certificate under RDC 72 / 09 (Articles 79 & 80)

Fumigation Rights (BIMCO Clause):

• Charterers may fumigate cargo (at port, anchorage, or in transit).
• Must follow IMO MSC.1/Circ.1264 safety standards.
• Fumigation is entirely at Charterers' risk, cost, and liability.
• Any time lost due to fumigation:
• Is NOT off-hire for time charters.
• Is considered detention for voyage charters — and paid as demurrage.

 

⚠️ Implications & Real-Life Risks:

• Expired certificates = Port state control delays = Owner liability.
• Failure to remove fumigants = MARPOL violations = Heavy fines.
• Crew exposed to fumigants = Charterers are fully liable.
• If Charterers skip air quality requirements in Brazil → Cargo delays & fines.

 

🧠 Common Pitfalls:

• Ignoring local certification rules (e.g., Brazil’s RDC 72/09).
• Assuming fumigation time is always off-hire – it's not.
• Master clause B/L for fumigation? ❌ BIMCO clause prohibits this unless condition of cargo is at issue.

 

🧭 Pro Tips for Shipping Professionals

🧑‍✈️ Operators / Managers:

• Double-check certificate expiry dates before delivery.
• Ensure your crew is trained NOT to interfere with fumigation.

📦 Charterers:

• Budget for crew shore stay, PPE, and fumigant cleanup.
• Coordinate fumigation through certified providers only.
• Remove ALL fumigant residue before discharge.

🧾 Owners:

• Keep ready-to-submit valid Deratization Certificates.
• If laytime is stopped due to fumigation → Trigger demurrage clause immediately.

 

⚓ Action Steps: Be Smarter Than the Clause

✅ Audit all upcoming voyages for fumigation and deratization compliance.
✅ Align your ops team with local port health rules – especially in Brazil.
✅ Update Master instructions and CP templates with fumigation checklists.
✅ Log every fumigation event in a separate voyage report for evidence.

 

📣 Final Call: Master the Fine Print Before the Fines Print You

Reading the clause isn’t enough. Understanding who pays, who’s liable, and what gets delayed can make or break your voyage – literally.

🚨 Don’t let unseen pests, certificates, or unsafe fumigation practices derail your schedule and bottom line.

👉 Read. Understand. Act. Repeat.

 

❤️ Found this useful?

👇 Comment your experiences or questions below
👍 Like this post if you've faced issues with certificates/fumigation
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⚠️ Disclaimer:

This article is intended for informational purposes only and does not constitute legal advice. Always consult your legal or compliance team for decisions based on charter party clauses or international regulations.