December 21, 2017

Members were informed earlier this year about BIMCO’s launch of the RESPONSECON standard form of contract for oil spill response. Members will also be aware of the requirement to pre-contract with a Ship Pollution Response Organisation (SPRO) when calling in China.

The International Group has reported several enquiries from Clubs who have received Chinese translations of RESPONSECON from their members for use with a Chinese SPRO. RESPONSECON is not suitable for use in China and was not intended to be used for pre-contracting requirements. BIMCO have therefore amended the wording of the RESPONSECON explanatory to clarify the position, and these now state “It should be noted however that RESPONSECON may not be appropriate for use in those countries which require vessels to pre-contract with an OSRO before arrival. These currently include Argentina, Canada, China and Uruguay but others may be added to this list in the future. Specific agreements have often been developed for these countries and may contain provisions required under local legislation which are not found in RESPONSECON.”

The explanatory notes are available to registered users of the BIMCO website. If you have not registered, you can do so by creating a free non-member account at the BIMCO registration page.

When pre-contracting with SPROs in China, Members are reminded that the IG sample SPRO Agreement should be used.