Pollution Regulations in the People's Republic of China ...

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On 9th September 2009 the Chinese State Council of the People's Republic of China (PRC) promulgated the Regulations of the People's Republic of China on the Prevention and Control of Marine Pollution from Ships (Regulations). The Regulations came into effect on 1st March 2010. The Regulations contain a requirement to pre-contract with an approved Ship Pollution Response Organisation (SPRO). The requirement to pre-contract with an approved SPRO came into force on 1st January 2012. The China MSA issued a model spill response contract on 20 May 2011 which operators were required to use to contract with an approved SPRO but permitted additional clauses to the contract. The International Group of P&I clubs (IG) drafted supplemental clauses for inclusion in this contract and these were included in an IG recommended SPRO Agreement as at 6 December 2011.

On 14 September 2012, the China Maritime Safety Agency (MSA) issued revised Detailed Rules on the Implementation of the Administration Regime of Agreement for Ship Pollution Response amending the Detailed Rules previously issued by the China MSA which came into effect on 1 January 2012. Attached to the Revised Detailed Rules was a revised model spill response contract. The revised Detailed Rules had immediate effect. At the same time, the China MSA repealed a number of Notices on implementation of the Regulations, which resulted in some changes to the spill response requirements that have been in force since 1 January 2012. The IG recommended SPRO Agreement as at 20 November 2012 agreement includes the MSA revised model clauses.

Below you will find links to the latest information regarding these new Chinese Regulations. Any further enquiries can be sent to sara.burgess@gard.no.