Definition
A cost-benefit sharing agreement is a contractually binding agreement that aims to fairly distribute cost and financial savings in the form of reduced fuel oil cost and/or avoided GHG emission taxation derived from retrofitted EETs.
Introduction
The Mærsk Mc-Kinney Møller Center for Zero Carbon Shipping (MMMCZCS) has launched a comprehensive initiative focused on de-risking the selection of and investment in onboard energy efficiency technologies (EETs). This initiative supports a faster and more effective adoption of energy efficiency measures in two ways. Firstly, through an end-to-end value proposition for evaluating the technology landscape and identifying suitable EETs for their specific ships or fleets. Secondly, by offering a structured approach to developing compelling business cases that align incentives for all relevant stakeholders through cost-benefit sharing models.
With this project, MMMCZCS aims to enable the maritime industry to:
The project output will primarily benefit shipowners and charterers (categorized as “conservatives” or “followers” in Figure 2) and allow them to operationalize the process steps outlined in Figure 1 to enhance energy efficiency of their fleet and meet their strategic targets. They can also develop unbiased frameworks that align incentives across stakeholders who influence the installations of EETs on individual ships.
The project will provide a guideline to help eliminate the barriers that prevent a wider adoption of energy efficiency technologies in global shipping. These barriers are not specific to ship types or contractual constructs between multiple parties of influence and are common across the industry. Well known barriers are:
Consequently, there is no platform for Ship Owners, Ship Charterers, Technology Providers, and Cargo Owners to establish shared cost and benefit agreements that promote faster adoption of EETs onboard an existing fleet.
The project aims to provide a technical toolbox consisting of three guideline documents outlining steps to take when upgrading a fleet’s energy efficiency through EET retrofits and financed by a cost-benefit sharing model. The guidelines cover three areas:
The guidelines are based on operational experience and real-world use cases. Concepts will be demonstrated to work in practice through pilot projects with MMMCZCS’s partners.
A cost-benefit sharing agreement is a contractually binding agreement that aims to fairly distribute cost and financial savings in the form of reduced fuel oil cost and/or avoided GHG emission taxation derived from retrofitted EETs.
The capital expenses (or cost) to be considered typically cover the procurement of EET hardware, the installation of EETs, and potentially any associated off-hire coverage. The savings are the saved operational expenses derived from the EETs relative to the ‘do-nothing’-scenario of the ship. This is expressed in terms of reduced fuel oil consumption and thus avoided GHG emissions, leading to a reduced cost to fuel-purchase and GHG emission taxation schemes.
A successful cost-benefit sharing agreement requires a collaborative mindset and partnership between the subject stakeholders covering data sharing protocols, maintenance and operation of onboard technologies, and trust in how financial savings are calculated and consequently settled between stakeholders.
The ‘cost-benefit sharing model’ can be implemented in various formats depending on the specific stakeholder relationships (see Figure 3). This includes different contractual clauses that assign risks, liabilities, roles, and responsibilities among the parties involved. The defined relationship between stakeholders will determine the type of cost-benefit sharing model and the most suitable contractual framework to facilitate an agreement.
To succeed in implementing an EET retrofit cost-benefit sharing model, it might be necessary to engage additional impartial parties that are financially or commercially neutral. The parties can be, but are not limited to:
The goal of the cost-benefit sharing framework is to enable the adoption of EETs with a reduced upfront financial burden on the Ship Owner or Ship Charterer, while de-risking the investment and variability in returned savings. The working principles of this framework focus on shared incentives between parties wanting to attain improved energy efficiency on a specific group of ships.
Incentives may be motivated by a number of reasons including ESG strategies, regulatory compliance, cost leadership, etc. A cost-benefit sharing framework offers scalability across a Ship Owner’s fleet, offering an opportunity to retrofit multiple ships without large upfront capital expenditures.
The key principles of a cost-benefit sharing framework between a Ship Owner and Ship Charterer or –Operator (or other stakeholder relations as list in Figure 3) can be explained in the following components, but they are not necessarily limited to these:
Cost-benefit sharing agreement
As the direct beneficiary of the EETs is the Ship Charterer (generally the owner of the fuel bill) the repayment is linked to the actual savings in energy or fuel consumption of the ship relative to an expected energy or fuel consumption of the ship if it had not received the energy efficiency upgrade. The Ship Charterer uses a portion of the savings attained to repay the cost of the technology retrofit to the Ship Owner. Another repayment structure would be an adjustment of the day-rate according to a pre-agreement expectation to monetary savings from the enhanced energy efficiency of the ships. This will limit the financial risk-exposure on the Ship Owner who becomes dependent on the operational decisions of the Ship Charterer.
Measurement and verification
Shared risk and rewards
Contractual flexibility
Figure 4 illustrates the process flow of EET selection for a ship or fleet that can be financed through a cost-benefit sharing model between a Ship Owner and a Ship Charterer, but not necessarily limited to this stakeholder relationship or commercial agreement structure. The principle can be applied between Ship Owner together with either Cargo Owner or OEM or Financial Institutions etc. The steps in the process are:
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