Spro Agreement

December 18th, 2020 12:02 am

Huatai recently warned that ships arriving at a Chinese port without a valid SPRO agreement could impose a fine of between RMB10,000 and RMB50,000 and that local MSA offices would conduct survey checks to verify that incoming vessels are compliant. A copy of Huata`s flyer can be find here. The MSA has approved more than 100 SPROs (as of January 6, 2012). In addition, the MSA also authorized 7 SPRO consortia that demonstrated that they had the necessary arrangements with other SPROSs to provide response services at several ports. If owners and operators expect to call regularly at different Chinese ports, awarding contracts with one of these consortia may be the most effective agreement, instead of concluding many SPRO agreements for each port. Additional detailed rules regarding regulations provide that the party signing the agreement can be defined as “operator” or the owner, administrator or actual operator of the vessel. The reference to the actual operator probably also extends to charterers. It should be noted, however, that the party that signs the SPRO agreement is subject to the full cost of a possible environmental rehabilitation. It is also interesting to note that if a party other than the owners or their co-operators enter into an SPRO agreement, the potential remediation costs may not be covered by the ship`s P-I insurance. In the major ports of Ningbo and Zhoushan, there is only one SPRO at a time.

The two ADOS have agreed to include in their contracts the most recent formulation of the International Group`s model of agreement, which bears the following footnotes and can be found below. Owners and operators who are ENTITIes of the PRC or foreign companies established in mainland China must sign direct agreements with SPROS. Overseas companies can either enter into a contract directly or use an MSA-approved agent. In the event of an emergency, the ship`s captain may be allowed to sign agreements. The person signing the SPRO agreement must have a letter of authorization and is presumed to be available electronically. Once the SPRO agreement is signed, it is imperative that operators inform SPROs of their arrival within an agreed time frame, so that the SPRO can mobilize and maintain the necessary resources on standby. It is also imperative that all vessels retain the agreement with a copy of the pollution response action plan. The master and crew must also know the contents. If the owners have no choice but to authorize the Master to sign an SPRO agreement to allow the port to depart, Masters should ensure that they receive English translations to ensure that they clearly understand the agreed terms. Otherwise, owners and operators may inadvertently enter into SPRO agreements for higher levels of service and/or longer periods above the current rate. This office contacts a number of SPROSs to set current rates, pending the need for owners/operators to negotiate short-term agreements if their bargaining power is limited. Following discussions with SPROOs on payment deadlines, the International Group published a revised version of the SPRO agreement in December 2014 – see communication to members No.

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