Agreement For Ship Pollution Response

On 14 September 2012, the China Maritime Safety Agency (MSA) issued revised detailed rules for the implementation of the administrative regime of the Ship Pollution Response Agreement to amend the detailed rules previously published by the Chinese MSA and entered into force on 1 January 2012. The revised detailed internal regulations were accompanied by a revised spill response treaty. The revised detailed rules had an immediate effect. At the same time, China MSA cancelled a series of notices on the implementation of the regulations, resulting in some changes to the spill response requirements in place since January 1, 2012. IG recommended the sPRO agreement on November 20, 2012 the MSA agreement contains revised model clauses. If the owners have no choice but to authorize the Master to sign an SPRO agreement to allow the port to depart, Masters should ensure that they receive English translations to ensure that they clearly understand the agreed terms. Otherwise, owners and operators may inadvertently enter into SPRO agreements for higher levels of service and/or longer periods above the current rate. This office contacts a number of SPROSs to set current rates, pending the need for owners/operators to negotiate short-term agreements if their bargaining power is limited. Increased shipping in Chinese waters has exceeded the public funding facilities needed to respond to a marine pollution incident. The Chinese government adopts the polluter-pay principle and expects the marine industry to privately contribute the material resources needed to cover China`s 8,000 nautical miles. We refer members to previous circulars of June 2015 concerning the regulations of the People`s Republic of China (PRC) concerning the prevention and control of pollution caused by ships and the obligation for owners/operators of (a) vessels: polluting and dangerous bulk cargoes or (b ) any other vessel over 10,000 GT enters into a pollution clean-up contract with a Vessel Pollution Response Organization (SPRO) before it enters or outside the port of the PRC, but within 20 nautical miles of shore, Loading, unloading or transferring ships.

Owners and operators who are ENTITIes of the PRC or foreign companies established in mainland China must sign direct agreements with SPROS. Overseas companies can either enter into a contract directly or use an MSA-approved agent. In the event of an emergency, the ship`s captain may be allowed to sign agreements. The person signing the SPRO agreement must have a letter of authorization and is presumed to be available electronically. If one or more of the requirements set out in points 2, 3 or 5 are not met by SPROS, members should make the best efforts to negotiate with the SPRO to obtain their consent to meet these requirements or seek another SPROS ready to meet all of these requirements. The MSA has approved more than 100 SPROs (as of January 6, 2012). In addition, the MSA also authorized 7 SPRO consortia that demonstrated that they had the necessary arrangements with other SPROSs to provide response services at several ports.