The issue of lists of all approved oil spill response contractors in Chinese ports by China's MSA, and due for publication this October, has been postponed,
However, the requirement to contract with an approved clean up contractor will still be enforced in all Chinese ports from 1 January 2012. All Group clubs have issued an advisory circular which provides an update on this situation.
We understand that the delay arises because the process of approving responders in the various coastal local provinces has yet to be finalised. A list of approved responders may be issued later this month.
While the International Group has drawn the MSA’s attention to the difficulty which Members will face in complying with the Regulations if the effective date is not put back, the present understanding is that the requirement to contract with an approved clean up contractor will still be enforced in all Chinese ports from 1 January 2012. There will therefore now be a very short period of time for owners and operators to contract with an approved spill responder.
A further update to Members, including detailed guidance on the spill response contract and procedure for contracting with an approved responder, will be provided in the near future.
Members can obtain an overview of this legislation in the Club's Legal Briefing “Chinese marine pollution laws”. The development of these marine pollution regulations have been the subject of a number of previous circulars 7/11, 26/10, 14/10, 15/09 & 12/09.