Date: 2 February 2024
Oasis Circular No.: 2402
Subject: Major changes brought by the amended Marine Environmental Protection
Law of PRC effective from 1 January 2024
The amended Marine Environment Protection Law of China (hereinafter referred toas “the Law” ) has come into effect on 1 January 2024. It provides an institutional
upgrading and strengthening of all aspects of the prevention and control of pollution
from vessels into the sea.
The major changes relate to Owners could be summarized as follows:
I. Some requirements of the International Convention for the Control andManagement of Ships' Ballast Water and Sediments are converted into the law forprevention of invasion of exotic organisms
Vessels are not allowed to illegally discharge garbage, domestic sewage, oily sewage,
sewage containing toxic and hazardous substances, pollutants, waste, ballast waterand sediments, and other harmful substance into the sea areas under the jurisdictionof P.R.C.
Vessels shall take effective measures to treat and dispose of ballast water andsediments in accordance with relevant regulations.
When carrying out operations involving the discharge of pollutants, ballast water andsediments from vessels, it shall be monitored, recorded, and records are well-kept.
II. Enhanced duties and obligations are imposed to shippers, cargo owners andagent of pollution-hazardous cargo
Before delivering the pollution-hazardous cargo on board a vessel, the shipper shall
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truthfully inform the carrier of the official name of the cargo to be carried, its hazard
and protective measures to be taken. The documentation, packaging, marking andquantity restriction of the pollution-hazardous cargo shall be in accordance with theregulations applicable to the delivered cargo.
III. Enhanced requirements regarding the management of pollution from vessels
The structure of vessels and anti-pollution equipment and devices equipped by thevessel shall comply with the relevant provisions for preventing marine environment
pollution from vessels and shall be examined for qualification.
When carrying out lightening operations of bulk liquid hazardous cargo, anoperational plan shall be prepared and submitted to local maritime administration
for approval in advance and take effective measures to ensure safety and prevent
pollution.
IV. The management of hazardous materials of vessels are addedOwners, operator, and manager of the vessel shall ensure a list of hazardous
materials is being kept on board and have it updated continuously during the processof construction, operation, and maintenance. Before a vessel is dismantled, the list
shall be supplied to companies engaged in ship dismantling service in advance.
V. Vessels are encouraged to to use clean energy and shore power
Vessel are encouraged to use new or clean energy sources to reduce emissions of air
pollutants.
Vessels shall take effective measures to improve energy efficiency and use shorepower in accordance with relevant provisions if they are to use shore power.
VI. Establishment of Pollutant Emission Control Areas
Ministry of Transport (MOT) of P.R.C. could set out pollution emission control areas,
vessels that enter into these areas shall comply with the pollution discharge control
measures.
VII. The law imposes higher penalty for breaches of the provisions
Please refer to attachment of the detailed breaches and penalties.

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We hope the above is of assistance. If there is any query, please feel free to contact
us at oasis@oasispandi.com anytime.

Best regards,Oasis P&I Services Company Limited

Attachment:
1.
2.
3.

The detailed requirements regarding the control of ballast water and sedimentsof vessels.
Vessels that shall be equipped with shore power system.
Breaches and penalties of the law.

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Attachments

1.

The detailed requirements regarding the control of ballast water andsediments of vessels

According to the Supervision and Management of Ships' Ballast Water and SedimentManagement (for Trial Implementation) published by China MSA in 2019, which isapplicable to vessels navigating, berthing and operating in waters under Chinesejurisdiction, the following requirements shall be met:
Compliance with ballast water replacement requirements
According to the Ballast Water Convention, vessels are required to replace ballast
water in accordance with the "D-1 standard".
1)

Vessels shall carry out ballast water exchange in waters at least 200 NM from thenearest land and with water depth of at least 200 meters; if the voyage is less than
200 NM, the exchange may be carried out in waters at least 50 NM from the nearest
land and with water depth of at least 200 meters.
The discharge of ballast water from vessels shall be reported to the local maritime
administration authorities 12 hours in advance prior to discharging.
2) Ballast water treatment standards
According to Ballast Water Convention, vessels are required to treat ballast water inaccordance with the Ballast Water Treatment Performance Standard, also known as
the "D-2 Standard".
3) Ballast water management measures
Vessels engaged in international navigation shall hold the International Ballast Water
Management Certificate, Ballast Water Management Plan and Ballast Water Record
Book and other relevant certification. Vessels equipped with a ballast water
management system should also have a copy of the Ballast Water Management
System Type Approval Certificate.

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2.

Vessels that shall be equipped with shore power system

The following vessels shall be equipped with shore power system shipboard
installation in line with Technical Rules for Statutory Inspection of Seagoing Ships for
Domestic Navigation (2020) published by China MSA:
1)

Container vessels for domestic voyages, cruise vessel, passenger ro-ro vessels,passenger vessels of 3,000 GT and above, and dry bulk carriers of 50,000 GT andabove that built on or after 1 January 2020.

2)

From 1 January 2022, container vessels for domestic voyages, passenger ro-rovessels, passenger vessels of 3,000 GT and above, and dry bulk carriers of 50,000
GT and above that use single marine diesel engine with an output power ofmore than 130 KW and do not meet the requirements of the NOx emission limits
under 7.2.3.1(4) of above rules.

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3.

Breaches and penalties of the law

Violating the provisions of the law regarding the discharge of ballast water andsediments.

Penalty:
Subject to a fine of between CNY10,000 and CNY200,000.

Failure in holding valid ship pollution prevention certificate or failure inproperly recording or preserving the discharge and operation record of vessel’s
pollutants, ballast water, and sediments.

Penalty:
Subject to a fine of not exceeding CNY100,000.

Failure or refusing to report or making falsified report on the matters ofcarriage of harmful polluting goods by vessels.

Penalty:
Subject to a fine of not exceeding CNY50,000.

The shipper fails to truthfully inform the carrier of the official name of thepollution hazardous cargo, its hazard and protective measures that should betaken.

Penalty:Subject to a fine of between CNY50,000 and CNY100,000.

The documentation, packaging, marking and quantitative restrictions deliveredby the shipper do not comply with the relevant provisions for the cargodelivered.

An assessment is not made beforehand for vessels engaged in transportingcargo with uncertainty as to whether it is apt to cause pollution damage.

Penalty:
Subject to a fine of between CNY20,000 and CNY100,000.

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

The shipper delivers polluting and hazardous cargo mixed in a consignment ofgeneral cargo or misrepresents polluting and hazardous cargo as general cargo.

Penalty:
Subject to a fine of between CNY100,000 and CNY200,000.

Failure to report after an accident or other unexpected event happened thatcauses or may cause marine environmental pollution or ecological damage.

Penalty:
Subject to a fine of between CNY50,000 and CNY500,000.
Relevant liable person: Subject to a fine of between CNY10,000 and CNY100,000 andmay subject to suspension or revocation of the certificates of competency as well.

Failure to make emergency plan and have it filed for record or fail to prepare
emergency equipment in accordance with relevant regulations.

Penalty:
Subject to a fine of between CNY20,000 and CNY200,000.

Failure to take immediate and effective measures or to escape from an
accident that causes or may cause marine environmental pollution orecological damage.

Failure to take necessary response measures, resulting in the expansion ofmarine ecological disasters.

Penalty:
Subject to a fine of between CNY200,000 and CNY2,000,000.

Violating provisions of this law, refusing or obstructing investigations and onsite inspections, or making false statements when being investigated.

Penalty:
Subject to a fine of between CNY50,000 and CNY200,000.
Relevant liable person: Subject to a fine of between CNY20,000 and CNY100,000Violating provisions of this law, vessel transfers hazardous wastes through sea
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areas under the jurisdiction of the P.R.C.
Penalty:
Subject to a fine of between CNY500,000 and CNY5,000,000 and the vessel will beordered to leave the sea area by maritime administrative authorities.

Vessels carrying pollution-hazardous cargo do not obtain the necessary priorapproval before entering or leaving a port, or perform loading or unloading
operations.

When conducting loading and unloading operations of oil, toxic and hazardous
cargo, the vessel and shore sides fail to comply with the safety and antipollution operations.

When carrying out lightening operations of bulk liquid hazardous cargo, vessels
fail to have the operational plan prepared or fail to obtain the necessary priorapproval.

Penalty:
Subject to a fine of between CNY10,000 and CNY50,000.

Failure to maintain a list of hazardous materials on board the vessel, or fail to
update the list during the construction, operation, and maintenance of thevessel, or fail to provide the list before the vessel is dismantled.

Penalty:
Subject to a fine of not exceeding CNY20,000.

Measures taken by vessels to improve energy efficiency that do not meet therelevant requirements.

Penalty:
Subject to a fine of between CNY10,000 and CNY100,000.

Vessels that are equipped with shipboard installation of Ship-to-Shore powersystem do not use shore power.

Penalty:
Subject to a fine of between CNY10,000 and RMB100,000.
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Serious circumstances: Subject to a fine of between CNY100,000 and RMB500,000.
Vessels entering the Emission Control Area do not comply with therequirements relating to the discharge of pollutants from vessels.

Penalty:
Subject to a fine of between CNY30,000 and CNY300,000.

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