South Korea - notice of amendment to the regulations on the imposition and collection of oil spill response costs
The Club has been advised by our local correspondents that the Korea Coast Guard (former Ministry of Public Safety and Security) issued a notification stating that they have amended the regulations on the imposition and collection of oil spill response costs on 30th June, which will take effect on 1st September 2017. The Korea Coast Guard hope to strengthen the polluter pay principle and help reduce the amount of marine pollution incidents.
“The details of the amendment are as follows:
a. The costs for Oil Spill Response (OSR) following a marine accident was adjusted to meet the international level (IOPC Fund Guidelines) which will take effect as of 1st September 2017.
b. With the introduction of the revised regulations, OSR costs claimable by the Coast Guard are expected to rise to approximately three times what was previously charged. Operating costs (usage fee, waiting fee, and fuel costs) of patrol ships, aircrafts, machinery & equipment mobilised for the response and clean-up operation as well as labour costs (wages) will be charged to the polluter.
c. The amended regulations will apply to:
1) Vessels or facilities obligated to arrange insurance under the “Act on the Guarantee of Oil Pollution Damage Compensation” and “Environmental Damage Liability and Remedy Act”, i.e.
- Oil tankers : vessel carrying oil cargo 200 tons or more
- Bunker barges : oil storage barges 200GT or higher
- General ships : general ships 1,000GT or higher
- Oil and hazardous liquid storage facilities with a total capacity of 300㎘ or higher
- Pollutant storage facility with a total capacity of 300㎘ or higher
2) Vessels or facilities that have discharged oil or other waste intentionally or due to grave negligence.”