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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  At the same time, the China MSA repealed a number of Notices on implementation of the Regulations, which resulted in some changes to the spill response requirements that have been in force since 1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.

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China - International Group Frequently asked questions (FAQs) as at 8 January 2014

China - MSA Approved SPRO List as at 31 December 2014

China - List of SPRO Consortia published by China MSA as at 30 October 2014

China - List of Agents published by China MSA as at 26 May 2014

China - China – IG recommended SPRO Agreement as at 20 November 2014 (changes to Article 3.3 and new Article 3.5)

China - IG recommended Letter of Authorisation (LoA) as at 6 December 2011

P&I Member Circulars

11/2014: Regulations of The People’s Republic of China on the prevention and control of marine pollution from ships

16/2012: Regulations of the People’s Republic of China on the prevention and control of marine pollution from ships

12/2012: Regulations of the People’s Republic of China on the prevention and control of marine pollution from ships

14/2011: Regulations of the People's Republic of China (PRC) on the Prevention and Control of Marine Pollution from Ships – UPDATE

11/2011: Regulations of the People’s Republic of China on the prevention and control of marine pollution from ships

10/2011: Regulations of the People's Republic of China on the prevention and control of marine pollution from ships

6/2011: Regulations of the People's Republic of China on the prevention and control of marine pollution from ships

4/2011: Regulations of the People’s Republic of China on the prevention and control of marine pollution from ships

21/2010: Regulations of the People’s Republic of China on the prevention and control of marine pollution from ships

9/2010: Regulations of the People's Republic of China on the prevention and control of marine pollution from ships

4/2010: Regulations of the People's Republic of China on the Prevention and Control of Marine Pollution from Ships

2/2010: Regulations of the People's Republic of China on the Prevention and Control of Marine Pollution from Ships

10/2009: Regulations of the People's Republic of China on the Prevention and Control of Marine Pollution from Ships

7/2009: Regulations of the People's Republic of China on the Prevention and Control of Marine Pollution from Ships