Implementation of Chinese Spill Response Agreements

The Chinese regulations of Emergency Preparedness and Response on Marine Environment Pollution from Ships In order to effectively implement the agreements for the ship pollution response administration regime have been put in place, starting 1st March 2012. A ship's operator shall conclude the agreement for ship pollution response with an oil spill response organisation. 

A domestic ship's operator shall directly conclude this agreement with the oil spill response organisation, a foreign ship's operator concludes the agreement for ship pollution will do this through its branch company, office or representative office established in China. Ships only calling at fixed port have to file their agreements directly to the local maritime administration agency.

 

Where a foreign ship's operator does not establish a branch company, office or representative office in China, or such foreign operator does not authorize its branch company, office or representative office establish in China to conclude the agreement for ship pollution response, it may conclude the agreement for ship pollution response through the MSA or entrust masters to conclude the agreements.

 

An  agent engaged in agency service of agreement for ship pollution response needs to beoperational  in ship pollution emergency response technical activities and has the ability to timely recommend proper oil spill organisations to the ship' operator for conclusion of the agreement for ship pollution response; and has set up sound management system for the agreement for ship pollution response agency business.

 

The full translation is available through the link below.