Complying with China's pollution laws

Updated information was posted this week on the Club website providing information and contact details on over 120 level one oil spill response contractors. Listings for filing agents and nine OSRO consortia are also available. All lists are published in English and Chinese.

Since 1 January 2012 ships visiting China are required to contract with an approved oil spill response contractor. Advice and information on complying with the various regulations is collated and updated in the dedicated

China oil pollution

area of this website.

The Club continues to update this section as further information becomes available. In addition to these updates there are a number of resources to give overall guidance and support to Members.

The recent

Circular 15/11

provides a useful summary of the requirements and a number of annexes containing guidance on contracting requirements for various ships sizes and types, specimen authorisation letters for appointing local agents and a recommended form for contracting with spill response organisations (SPROs).

A broad overview and explanation of the regulations was published in the Club's Legal Briefing -

Chinese marine pollution laws

. This Legal Briefing reviews the Regulation's key provisions of interest to Members and provides summary translations of its key articles.

The Regulation covers discharge and reception of oil pollutants; waste dumping ; oil pollution response planning; oil spill clean-up arrangements; reporting and emergency handling of pollution incidents; investigation and compensation of pollution incidents; supervision of loading, lightening and discharging of polluting hazardous cargoes; and penalties for contravening Regulation requirements.

Pollution incidents refer to spill of oil, oily mixture and other poisonous hazardous substances from ships or out of ship-related operations. Ship-induced pollution incidents are classified according to seriousness.

The Regulation relates to actual and potential pollution damage in all sea areas under PRC jurisdiction. The MSA will enforce the Regulation and is responsible for supervising and managing the prevention and control of marine pollution by ships and relevant ship operations.

A compulsory insurance regime for all ships (except those less than 1,000 gt and not carrying oil cargoes) will cover claims arising from oil pollution damage.

Members requiring further information should contact Helen Huang (Tel:+852 2832 4436 email:

helen.huang@thomasmiller.com

) in Hong Kong or Dr Chao Wu in London (Tel: +44 20 7204 2157 email:

chao.wu@thomasmiller.com

)