上海航泰律师事务所.PDF

上 海 航 泰 律 师 事 务 所 Hightime Law Office Shanghai Date: 15 Mar 2011 Dear Sirs, Summary of the Shanghai MSAs bylaws of 2011 on Prevention and Control of Ship-sourced Pollutants Reception Operations and Bunker Supply-Taking Operations Green Zhu1 To implement the Regulation of the PRC on Prevention and Control Marine Pollution from Ships and Ship-related Operations (“Ship and Ship Operations? Pollution Regulation”), which is published by the Ministry of Transport on 16 November 2010 and is effective as of 1 February 2011, Shanghai MSA formulated the following two bylaws. ? the Shanghai MSA’s Trial Bylaw on Prevention and Control of Marine Pollution from Pollutants’ Reception Operations (“Bylaw on Pollutants? Reception Operations”); ? the Shanghai MSA’s Trial Bylaw on Prevention and Control of Marine Pollution from Supplying/Taking Bunker Operations (“Bylaw on Supplying/Taking Bunker”). Controversial article of the Ship and Ship Operations’ Pollution Operations Art 18 of the Ship and Ship Operations? Pollution Regulations are controversial. That is “Any international trading ship shall empty and deliver any pollutants on board to an MSA recognized receptionist before leaving from Chinese port for a foreign port and present the reception certificate to the MSA for outward formalities”. The two Shanghai MSA’s bylaws are brief as follows:- 1. Both bylaws have come into effect on 1 January 2011. They are published to implement the PRC Regulations on Prevention and Control of Marine Pollution from Ships (“PRC Pollution Regulations”). Bylaw on Pollutants’ Reception Operations 2. Pollutants are defined as ship residual oil, oily water, water containing n