Regulations of the People’s Republic of China on the Prevention and Control of Marine Pollution from Ships – Update

As previously advised, the Maritime Safety Agency (MSA) recently published new Measures of Administration on Agreement for Ship Pollution Response Regime, which will become effective on 1 March 2020.

Further clarifications and feedback on the new Measures have since been received from the International Group’s (IG) advisers in the PRC and the China MSA.

It has been clarified that no SPRO Agreement is now needed for any of the following:

• Any ship under 10,000 GT either in ballast or carrying a liquid cargo in bulk not listed in the Directory; or
• Any ship of any size that is driven by clean fuels and either (i) carrying a liquid cargo not in bulk (even if that liquid is listed in the Directory) or (ii) carrying a liquid in bulk that is not listed in the Directory or (iii) carrying a non-liquid (i.e. solid) cargo.

Oil booming is still only required, inter alia, for ships loading, discharging, transferring over 300 MT of cargoes listed in the Directory.

A copy of the Directory is also now available (in Chinese) on the China MSA website here.

For the avoidance of doubt, it should also be noted that, save for those ships falling within (1) or (2) above, all ships over 10,000 GT regardless of what cargo is being carried are required to enter into a SPRO agreement in accordance with the Article 11 requirements as set out in the amended SPRO Table (attached).

If Members are in any doubt, then it is recommended that they contact the Club before contracting with any SPRO.

All Clubs in the International Group of P&I Clubs have issued similar Circulars.

SACHIN SHANBHAG
DIRECTOR (CLAIMS)
The North of England P&I Association Limited / North of England P&I DAC

CIRCULAR REF: 2020/013