China’s Maritime Safety Administration (MSA) has revised its regulations on Ship Pollution Response Organizations (SPROs), introducing significant changes aimed at improving pollution response capabilities and regulatory oversight. The updated measures, detailed by Huatai Marine, replace the 2020 edition and include seven chapters and twenty-five articles, along with revised structural and linguistic elements.
Strengthened Personnel and Training Requirements
A key focus of the new measures is improving the competency and accountability of SPRO personnel:
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Senior command, on-site command, and emergency personnel must possess relevant capabilities.
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Training refreshment cycles for senior and on-site command personnel are capped at two years.
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SPROs must retain training records for at least two years.
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The previous provision allowing SPROs to self-organize training for emergency personnel has been removed.
Adjustments to Pollution Response Equipment Requirements
In a significant simplification:
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The requirement for pollution response equipment and materials to be “automatically identifiable” has been removed, making compliance less technically burdensome.
Streamlined Information Submission
SPROs are now required to:
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Submit information both to the public and to maritime authorities in their respective areas via a designated information system, thereby enhancing transparency and coordination.
Improved Regulatory Oversight and SPRO Management
The revised regulations aim to:
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Standardize the ship pollution response agreement framework.
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Strengthen supervision by maritime authorities.
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Enhance the overall emergency response capabilities of SPROs.
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Foster the sustainable development of the pollution response industry.
Key Suggestions for Ship Operators
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Assess SPRO Capabilities Carefully
When selecting partners, ship operators should evaluate SPROs’ emergency response abilities and agreement performance independently or via professional agencies to ensure high-quality cooperation. -
Negotiate Supplementary Contract Terms
The new MSA template is more concise, removing detailed provisions related to fees, liabilities, insurance, and legal jurisdiction. Operators and SPROs can mutually negotiate these clauses to meet specific needs. -
Avoid Unnecessary Contracting
Operators should verify whether their vessel type is exempt from requiring a pollution response agreement. By outsourcing contract management to professional agencies, ship operators can focus on core operational and safety concerns.
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Source: SAFETY4SEA