27 May 2011 TO ALL MEMBERS Dear Sirs Regulations of The People’s Republic of China on the Prevention and Control of Marine Pollution from Ships We refer Members to previous circulars on the Regulations of the People’s Republic of China (PRC) on the Prevention and Control of Marine Pollution from Ships (“the Regulations”), and the postponement of the requirement that owners/operators of (a) any ship carrying polluting and hazardous cargoes in bulk or (b) any other vessel above 10,000 gt enter into a pollution clean-up contract with a Maritime Safety Agency (MSA) approved pollution response company before the vessel enters a PRC port. These requirements were postponed pending additional rules to be issued by the MSA. These Detailed Rules on the Implementation of the Regime of Agreement for Ship Pollution Response have now been issued by the China MSA, on 20 May 2011, with an accompanying Notice and mandatory contract which owners/operators must enter into with a clean-up contractor as approved by the China MSA. A copy of the mandatory, model contract which includes the different levels of contractors (as contained in Attachment III to the contract) is contained in the Annex to this Circular. Approved clean-up contractors will be categorised by the MSA in accordance with their qualifications and response capabilities and will be assigned level 1, 2, 3 or 4 status. Operators will need to contract with an approved clean-up contractor in accordance with the size and type of vessel. However, the list of clean-up contractors approved in each Chinese port has still not been issued by the China MSA. The MSA Notice states that the lists of level 2, 3, and 4 contractors will be issued by 31 August 2011 with the list of level 1 contractors to be issued during the course of the year 1 . The requirement to contract with an approved clean-up contractor will then be enforced in all Chinese ports from 1 January 2012. As previously advised, there will therefore be a “grace” period until 1 January next year before enforcement of the requirement to contract with an approved clean-up contractor. We also refer Members to the previous recommendation not to enter into contractual arrangements with a clean-up contractor for the purposes of ensuring compliance with the Regulations for the time being, that is, until the list of approved clean-up contractors is issued. The International Group is currently reviewing the model contract to determine whether it 1 The list of approved contractors will appear on the China MSA website: www.msa.gov.cn - 2 conforms with the International Group guidelines concerning spill response contracts and a further update to Members with detailed guidance on the contract will be provided in this regard following the completion of the review. The International Group will also consider the development of supplemental clauses for inclusion in the contract since the model contract provides that the operator and clean-up contractor may negotiate and include supplemental clauses in the contract if such clauses are not already included. In the meantime, the International Group can also confirm that the term “operator” for the purposes of concluding and signing the contract with a clean-up contractor is defined by the China MSA as the owner, manager or actual operator of a ship. In respect of those operators not domiciled in China, the MSA requires that a branch company, office or agent located in mainland China (not Hong Kong, China or Macau,