Club Circular 5/08 Japan - OPRC/HNS Protocol - MDPC


  • Date: 01/09/2010

OUTLINE

  • From 1st April 2008, vessels carrying liquid HNS visiting Japan must pre-contract with the Marine Disaster Prevention Centre (MDPC) for responding to HNS incidents.
  • MDPC's contract does not fully comply with the IG guidelines. A special cover has been arranged for all Members as a temporary measure in respect of the increased liability.
  • Members should contact MDPC for enrolment information.


TO THE MEMBERS

Dear Sirs

Japan - OPRC/HNS Protocol - MDPC

Under the International Convention on Oil Pollution Preparedness, Response and Co-operation 1990 (OPRC), countries parties to the OPRC are required to establish measures for dealing with pollution incidents, either nationally or in co-operation with other countries. A Protocol to extend the Convention to apply to pollution incidents by hazardous and noxious substances (HNS) was adopted in 2000 and entered into force in certain countries including Japan on 14th June 2007 (OPRC/HNS Protocol). 

In Japan the requirements of MARPOL 73/78 are implemented by virtue of the Law relating to the Prevention of Maritime Pollution and Maritime Disaster. In 2006 this Law was amended in order to prepare for the coming into force of the OPRC/HNS Protocol. Part of the new law came into force on 1st April 2007 and part came into force on 1st April 2008. The latter concerns shipowners. For the most part the requirements of the Protocol are fulfilled by having on board a Shipboard Marine Pollution Emergency Plan (SOPEP). However, the 2006 Japanese Law requires that special rules apply to HNS vessels sailing in certain specified areas.

Pursuant to 2006 Law, with effect from 1st April 2008, tankers over 150 gross ton carrying liquid HNS products e.g. kerosene, naphtha, jet oil, gas oil and noxious substances, when sailing in certain specified areas in Japan (Tokyo Bay, Ise Bay, Seto Inland Sea including Osaka Bay) are required to have access to materials, equipment and experts necessary for the prevention/elimination of HNS spills. The Maritime Disaster Prevention Centre (MDPC) can provide these and, in reality, in order to comply with the requirement under this law it is necessary for owners to pre-contract with MDPC. 

The 2006 Law is similar to that applying to tankers carrying persistent oil when calling at Japanese ports. Owners must pre-contract with MDPC in order to have access to the appropriate response resources etc. MDPC is in effect acting as a spill response organisation. The latest MDPC contract has been reviewed by the International Group to ascertain whether it accords with the International Group's guidelines for OSRO contracts. Unfortunately it does not conform with the Group's guidelines. 

As a temporary measure, and to allow time for discussions with MDPC, the International Group brokers have arranged additional insurance to cover the increased liability, details of which can be obtained from the Association.

Members should get into touch with MDPC directly for enrolling with MDPC. Information on enrolment process, including the MDPC contract, can be obtained from MDPC's web address:

http://www.mdpc.or.jp/

A similar circular is being sent by the other members of the International Group of P&I clubs.

Yours faithfully

THOMAS MILLER (BERMUDA) LTD.

CONTACT

  • Members requiring further information should contact Chao Wu at chao.wu@thomasmiller.com 
    or by telephone +44 20 7204 2157.

Industry developments

Polar Shipping

Legal, navigational and environmental resources, news and updates on the development of polar shipping. Read more


US VRP Compliance

With effect from 30th January 2014 non-tank as well as tankships calling at US ports will be required to submit VRPs.  For Club and other resources to assist in compliance click here


International Environmental compliance

Environmental Compliance resource page collates material in respect of International environmental compliance issues affecting our Members. Information from the Club, Loss Prevention and external resources has been collated in one place for ease of reference.


MLC 2006

The Maritime Labour Convention enters into force in August 2013 - resources, news & advice on implementation can be found in this dedicated section.  READ MORE


International sanctions

Recent guidance & corresponding material in respect of international sanctions against various countries has been updated with respect to temporary easing of sanctions against Iran.  READ MORE


Piracy

Essential precautions and preparation against piracy, as well as additional information and resources, loss prevention advisories and useful external web links


Emergency Contacts


If you need to call our offices out of hours and at weekends, click After Office hours for a up to date list of the names of the Duty Executives and their mobile phone numbers. 

Ship Finder


This Ship Finder is updated on a daily basis. Members who need to advise the Club of updates to their recorded ships' details should advise their usual underwriting contact.