Chinese Oil Pollution
Marine pollution regulations in PRC
Regulations of the People’s Republic of China on the Prevention and Control of Marine Pollution from Ships
China’s first comprehensive system of marine pollution regulations take effect from 1st March 2010. The Maritime Safety Administration (MSA) is the enforcing agency for the Regulations supervising and administering prevention and control of marine pollution by ship operations. Before entering Chinese ports, ships carrying polluting hazardous cargo and all other ships over 10,000 gross tons must pre-contract with approved pollution response companies. Compulsory insurance is required to meet Chinese Maritime Code or 1992 CLC and Bunkers Convention where applicable.
Click on the update item below for the latest news regarding China oil pollution regulations
Latest Information
20/02/2012 -
Attached are the latest lists of Agents, Consortia and SPROs as of 16th February 2012.
02/01/2012 -
A number of local MSAs have now issued their local notices. Here is a brief summary with attachments for information.
23/12/2011 -
[Note: the following FAQs reflect guidance given by MSA and are believed to be correct as at 4th January 2012 but will be amended and updated as necessary as the situation develops.]Compliance date – 1 January...
23/12/2011 -
For those Members who follow closely the Club’s email updates, you will have noted that matters have developed significantly and rapidly in the PRC over the past two weeks. The International Group (IG) has liaised further...
06/12/2011 -
The International Group understands that the 1 January 2012 deadline to contract with an approved spill response contractor will still be enforcedA partial list of approved ‘ship pollution response organisations’ (SPROs) is available – see Annex I of this circularAn International Group recommended contract for SPROs including supplemental clauses is attached in Annex IIA recommended authorisation letter for appointing agents in China to sign the contract with SPROs on a Member’s behalf is also attached – see Annex IIIAn SPRO appropriate to ship type and size must be contracted. A guide to levels of SPRO is attached in Annex IVCharges proposed by SPROs vary widely and may be excessive compared to responders in other jurisdictions
22/12/2011 -
China SPROs Update
China MSA has today (i.e. 22nd December 2011) published an Announcement clarifying several issues with regard to signing of SPRO contracts:
1....
22/12/2011 -
China SPROs Update - Sunday 18th December
Further to our Update of Friday 16 December, clarification has now been provided by the MSA that a foreign operator without a branch,...
22/12/2011 -
China SPROs Update - Friday 16th December
Overnight, a number of shipowners have reported being contacted by a consortium, or 'umbrella organisation', purporting to represent SPROs...
UK Club resources
10/11/2011 -
The issue of lists of all approved contractors by China's MSA is postponedThe requirement to contract with an approved clean up contractor will still be enforced in all Chinese ports from 1 January 2012The Club's Legal Briefing “Chinese marine pollution laws” of July 2010 provides an overview of this legislationThis circular refers to previous circulars 7/11, 26/10, 14/10, 15/09 & 12/09.
05/08/2011 -
The lists of all approved contractors will now be issued in October 2011.The International Group is considering the development of a standard form authorisation letter for overseas operatorsThe Club recommends Members do not enter into arrangements with a clean-up contractor until the "approved" list is made availableThis circular refers to previous circulars 7/11, 26/10, 14/10, 15/09 & 12/09. Legal briefing “Chinese marine pollution laws” of July 2010 provides an overview of this legislation
26/05/2011 -
The outstanding detailed rules relating to China’s recent marine pollution legislation have now been issued. The Club recommends Members do not enter into arrangements with a clean-up contractor until the "approved" list is made available. A model mandatory contract is attached to this circular by annex. This circular refers to previous circulars 26/10, 14/10, 15/09 & 12/09. Legal briefing “Chinese marine pollution laws” of July 2010 provides an overview of this legislation
18/01/2011 -
TO THE MEMBERS
Dear Sirs
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF MARINE POLLUTION FROM SHIPS
We refer Members to previous circulars on the new...
21/07/2010 -
This Legal Briefing reviews the Regulation’s key provisions of interest to Members and provides summary translations of its key articles.
02/09/2010 -
A further postponement of the requirement to contract with an MSA approved oil pollution response company is likely An update of the existing situation This circular refers to previous circulars 12/09, 15/09, 5/10 & 7/10
29/04/2010 -
REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF MARINE POLLUTION FROM SHIPSA further postponement of the requirement to contract with an MSA approved oil pollution response company is likely. China’s MSA is expected to issue additional rules on spill response arrangements in the next two to three months. Members should not contract with response companies for regulatory purposes until after these rules are issued. This circular refers to previous circulars 12/09, 15/09 & 5/10
12/02/2010 -
Regulations of the People's Republic of China on the Prevention and Control of Marine Pollution from ShipsNo further guidance on new requirements for pre-contracting with spill responders has been received from the Chinese authorities since the Club's last circular. The implementation or enforcement of the pre-contracting requirements is expected to be postponed until details of approved contractors and response capabilities have been made public and an opportunity given to operators to comply. The Managers and CMS will continue to monitor the situation. Members will be kept advised of any material developments.
08/01/2010 -
No further guidance on requirements for pre-contracting with OSROs has been received from the MSA since the Club's previous circular 12/09 Further guidance will be issued as soon as more information is available China Marine Services, a Thomas Miller joint venture service company in China, may be able to assist Members with practical matters of immediate concern
06/12/2009 -
China’s first comprehensive system of marine pollution regulations take effect from 1st March 2010. The Maritime Safety Administration (MSA) is the enforcing agency for the Regulations supervising and administering prevention and control of marine pollution by ship operations. Before entering Chinese ports, ships carrying polluting hazardous cargo and all other ships over 10,000 gross tons must pre-contract with approved pollution response companies. Compulsory insurance is required to meet Chinese Maritime Code or 1992 CLC and Bunkers Convention where applicable.
CMS resources
17/02/2011 -
Developments of the Regulations
A sketch to illustrate the structure of the relevant regulations at different levels and their scope of applicationThe latest requirement of the new MOT Regulation...
18/03/2010 -
Latest information (posted 22nd March 2010)
FAQ on Administration of Prevention and Control of Pollution to the Marine Environment by Vessels as published in the CMS newsletter 4/10 of 18th March 2010.
11/11/2010 -
Development of Pre-contracting Issue:There is no development of OSRO approval and the schedule of executing the pre-contracting requirement.CMS has established contact with OSROs in main ports for pre-contracting issue.CMS service contract on pre-contracting issue has been ready.
17/06/2010 -
Seminar on draft Regulation of the PRC on the Emergency Prevention and Handling Management of Marine Environmental Pollution from Ships
18/03/2010 -
FAQ on Administration of Prevention and Control of Pollution to the Marine Environment by Vessels
03/02/2010 -
Shanghai Seminar on the New Regulations on Administration of Prevention and Control of Pollution to the Marine Environment by Vessels
Useful Contacts
If you have any questions on Marine pollution regulations in PRC please contact one of the team below.
Chao Wu: Tel: +44 20 7204 2157 Email: Chao.wu@thomasmiller.com
Helen Huang: Tel: +852 2832 4436 Email: helen.huang@thomasmiller.com
Europe
Paul Sessions: Tel +44 20 7204 2211 Email: paul.sessions@thomasmiller.com
Mike Bowen: Tel +44 20 7204 2114 Email: mike.bowen@thomasmiller.com
Peter Harris: Tel +44 20 7204 2295 Email: peter.harris@thomasmiller.com
Lance Hebert Tel +44 20 7204 2490 Email: lance.hebert@thomasmiller.com
Richard Offord Tel: +44 20 7204 2486 Email: richard.offord@thomasmiller.com
Peter Steele Te: +44 20 7204 2357 Email: peter.steele@thomasmiller.com
Greece
Rod Lingard: Tel +30 210 45 85 211 Email: rod.lingard@thomasmiller.com
Tony Fielder: Tel +30 210 45 85 214 Email: Tony.fielde@thomasmiller.com
Nick Milner: Tel +30 210 45 85 219 Email: nick.milner@thomasmiller.com
Asia
Peter Lau: Tel + 852 2832 9301 Email: peter.lau@thomasmiller.com
Kelvin Lam: Tel + 852 2832 4418 Email: kelvin.lam@thomasmiller.com
Helen Huang: Tel +852 2832 4436 Email: helen.huang@thomasmiller.com
Americas
Kevin King: Tel +1 201 557 7407 Email: kevin.king@thomasmiller.com
Debbie Bronis: Tel +1 415 343 0105 Email: debbie.bronis@thomasmiller.com