Regulations of the People's Republic of China (PRC) on the Prevention and Control of Marine Pollution from Ships: Update 24 January 2012

Members will be aware from the club circulars dated 8 and 24 December that the above regulations came into force on 1 January 2012.  The regulations require the operator of any ship carrying polluting and hazardous cargoes in bulk or of any other ship above 10,000 gt to conclude a pollution clean-up contract with a ship pollution response organisation (‘SPRO’) approved by the Maritime Safety Agency (“MSA”) before entering a PRC port. 

Further to our last web alert dated 6 January, the International Group (IG) continues to work with the MSA to get SPRO’s to agree to use the model IG approved clean-up contract which was attached to the Club’s 8 December circular.  Considerable progress has been made, and the club maintains regularly updated lists of approved SPRO’s, consortia and agents.

Significant progress has also been made in relation to SPRO insurance.  A SPRO insurance policy is now in place with PICC which meets the insurance requirements of the IG recommended insurance provisions in the model clean-up contract.

Members who still encounter SPRO’s who are reluctant to accept the IG recommended contract or who do not offer acceptable insurance should notify the club so that the IG may take up the matter with the MSA in Beijing.

If a member needs to sign a contract urgently which does not comply with IG recommendations, the contract should be concluded on a single voyage basis only, pending resolution of outstanding issues.  

The club will continue to keep members appraised of further developments by updates on the website.