China updates on “follow-up” supervision parameters

China’s Maritime Safety Administration has published “the Provisions on the Supervision and Administration of Vessels under Special Follow-up”. These come into force on December 1st, overwriting the 2013 publication of the same name

The Provisions apply to both Chinese vessels and foreign vessels navigating, berthing or operating in the waters under Chinese jurisdiction. The Provisions do not apply to military vessels, fishery vessels, and sports vessels.

Special follow-up vessels will be:

  • Chinese and foreign vessels that have been detained twice in vessel safety inspections (including overseas PSC inspections) during a consecutive 12-month period.
  • Vessels that have been given administrative penalties by the MSA twice or more during a consecutive 12-month period due to acts including inadequate manning, “malicious” shutdown of AIS, wilful and illegal discharge of pollutants, overloading, and inland river vessels engaging in sea transportation.
  • Vessels that refuse to accept the penalties for maritime administrative violations.
  • Vessels that are found to be carrying forged, altered, transferred, traded, or leased vessel certificates
  • Vessels that have undertaken major conversions of vessels without inspection and/or authorization of the relevant vessel inspection organizations.
  • Vessels that have caused a relatively large or higher number of water traffic accidents for which they bear at least equal responsibility.
  • Vessels that are managed by shipping companies under special follow-up.
  • Vessels that are listed under the special follow-up pursuant to the “Provisions on the Administration of Maritime Law Enforcement Assistance in Investigation”.
  • Vessels that require special follow-up as designated by the Maritime Safety Administration of the People’s Republic of China.

Local correspondent Huatei has noted that the revision of the specific content when compared to the 2013 version mainly reflected three aspects:

  1. The scope of detention of foreign vessels twice in the Port State Control inspection in a consecutive 12-month period has been extended. It is not only limited to detention by the Maritime Safety Administration of the People’s Republic of China, but also includes detention in any Port State Control inspections.
  2. The scope of situations in which vessels are listed as under special follow-up vessels has been adjusted.
  3. The Provisions now add that the time limit for removing of foreign vessels from the list of vessels under special follow-ups must be “three months after the date of listing”.

Japan Club advised members that, before entering the port, a vessel should conduct a “comprehensive self-examination” on at least the following:

  • vessel certificates
  • vessel structure
  • fire-fighting and lifesaving equipment
  • pollution prevention equipment and operation records
  • emergency equipment
  • emergency drills
  • crew members’ working environment
  • catering and accommodation facilities.

https://www.piclub.or.jp/wp-content/uploads/2023/11/Huatai-Circular-No.-PNI202310-1.pdf

https://www.ukpandi.com/news-and-resources/articles/2023/the-provisions-on-the-supervision-and-administration-of-vessels-under-special-follow-up/