Jonathan Hare, Sr VP, Defence Services Skuld Oslo, provides further information on this important issue

Members will be aware from the Circular published on our website on 14 October that the Danish Maritime Authority has been concerned to encourage the use of pilots in Danish waters, as recommended by the IMO (MSC Resolution MSC.138(76)).  

In May 2005, INTERTANKO also published the two following clauses intended to strengthen the position of owners who opt to use pilots and wish to recover the costs from charterers: 

Time Charters
Where the vessel is to pass through the entrances to the Baltic Sea the vessel shall comply with the recommendations set out in the IMO Resolution MSC.138(76) adopted on 5 December 2002 as amended from time to time including the use of pilots for the passage. Charterers shall reimburse owners for any pilotage expenses incurred by compliance with these recommendations.

Voyage Charters
Where the vessel is to pass through the entrances to the Baltic Sea the vessel shall comply with the recommendations set out in the IMO Resolution MSC.138(76) adopted on 5 December 2002 as amended from time to time including the use of pilots for the passage. Charterers shall reimburse owners for any pilotage expenses incurred by compliance with these recommendations on any ballast passage to a port of loading and/or on the laden passage (unless such expenses have already been taken into account in the freight payable in accordance with the terms and conditions of Worldscale).

Note:  Owners of non-tankers who wish to use the Voyage Charter Clause should delete the words in brackets at the end of the Clause.