CHINA Law and Practice Contributed by: John Wang, Xu Jun, Song Jia and Zhao Yuxuan, Wang Jing & Co
Oil Sulphur Limit by 2020 (the “Implementation Scheme”), which provides as follows. • From 1 January 2020, vessels engaged in international voyages, when entering Chi - nese waters, shall use fuel oil with a sulphur content not exceeding 0.50% m/m (mass by mass). • From 1 March 2020, vessels engaged in international voyages, when entering Chinese waters, shall not carry fuel oil with a sulphur content exceeding 0.50% m/m. • From 1 January 2020, vessels engaged in international voyages, when operating in the inland river emission control area, shall not use fuel oil with a sulphur content exceeding 0.1% m/m. • From 1 January 2020, vessels engaged in international voyages, when operating in the coastal emission control area of Hainan waters, shall not use any fuel oil with a sul- phur content exceeding 0.1% m/m. • Vessels of international voyages with alterna - tive measures that comply with Article 3 of MARPOL Annex VI could be exempted from the foregoing requirements. • From 1 January 2020, the wash-water of open-loop exhaust gas cleaning systems shall not be discharged into the waters of domestic emission control areas (DECAs). • From 1 January 2020, where Chinese vessels on international voyages use or carry non- compliant fuel oil due to the non-availability of compliant fuel oil, and where their next ports of call are foreign ports, the vessels shall report to the maritime authorities of the registered ports immediately and notify the competent authorities of the next ports of call with a fuel oil non-availability report (FONAR). • From 1 January 2020, where vessels with Chinese nationality on international voyages use or carry non-compliant fuel due to the
non-availability of compliant fuel, and where their next ports of call are Chinese ports, the vessels shall submit a FONAR to the maritime authorities of those ports. • From 1 January 2020, if foreign vessels on international voyages use or carry non-com - pliant fuel due to the non-availability of com - pliant fuel, and where their next ports of call are Chinese ports, the vessels shall notify the maritime authorities of the Chinese ports with a FONAR before entering Chinese waters. • From 1 March 2020, vessels on international voyages carrying non-compliant fuel in Chi - nese waters shall discharge non-compliant fuel oil or keep non-compliant fuel oil on board with a commitment letter for not using it in Chinese waters. Such vessels shall obtain the consent of the maritime authorities of the ports, according to MEPC.1/Circ.881. • When discharging non-compliant fuel oil from vessels, reports shall be made to the local maritime authority, whilst safety and pollution prevention measures shall be implemented. • Should there be any violation of the Imple - mentation Scheme, maritime authorities shall act according to relevant laws, regula - tions and the Law of the People’s Republic of China on the Prevention and Control of Atmospheric Pollution, which provides, in the case of consumption of non-compliant fuel oil, for the imposition of a fine ranging from CNY10,000 to CNY100,000. 8.3 Trade Sanctions PRC law does not incorporate any international trade sanctions. However, if the UN Security Council passes any sanction resolution, the Ministry of Foreign Affairs of the PRC may offi - cially notify relevant governmental authorities for enforcement.
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