LR: New provisions for vessels under Special Follow-up

Lloyd's Register on 30 November 2023 published a Class News about new provisions on the supervision and administration of vessels under Special Follow-up.

This article is applicable to all shipowners and operators of vessels.

As per a notice from the Maritime Safety Administration of the People's Republic of China and relevant notification by UK P&I Club, there are new provisions on the supervision and administration of vessels under Special Follow-up.

The provisions shall come into force on December 1, 2023.

Applicable Vessels

The Provisions shall be applicable to Chinese vessels and foreign vessels navigating, berthing, or operating in the waters under the jurisdiction of the People’s Republic of China.

The Provisions shall not be applicable to military vessels, fishery vessels, and sports vessels.

Vessels being Listed as under “Special Follow-up”

The following vessels shall be listed as under Special Follow-Up:

1. Chinese vessels that have been detained twice following vessel safety inspections (including the overseas Port State Control inspections) in a consecutive 12-month period. Foreign vessels that have been detained twice following Port State Control inspections in a consecutive 12-month period.

2. Vessels that have had administrative penalties imposed twice by the Maritime Safety Administration in a consecutive 12-month period, due to serious illegal acts such as: inadequate manning, malicious shutdown of AIS, wilful and illegal discharge of pollutants, overloading, inland river vessels engaging in sea transportation, etc.

3. Vessels that refuse to accept administrative penalties or depart after the occurrence of maritime administrative violations.

4. Vessels that have forged, altered, transferred, traded, or leased vessel certificates or vessels that carry out major conversion without inspection and authorization of the relevant organisations.

5. Vessels that have caused significant navigational accidents and bear equal or higher responsibility.

6. Vessels that are managed by shipping companies under Special Follow-Up.

7. Vessels listed under Special Follow-Up pursuant to the “Provisions on the Administration of Maritime Law Enforcement Assistance in Investigation”.

8. Vessels that require Special Follow-Up as designated by the Maritime Safety Administration.

Supervision and Administration of Vessels under Special Follow-up

The inspection conducted by the Maritime Safety Administration on vessels under Special Follow-Up shall not be affected by such factors as sailing schedule, cargo loading and unloading and where conditions permit, such inspection shall be conducted at each port and shall be more detailed in nature.

Removing from the List of Vessels under Special Follow-up

As for a Chinese vessel listed under Special Follow-Up, the shipping company may, after three months from the date of listing, file an application for removing the vessel from the list of vessels under Special Follow-Up with the Maritime Safety Administration at the place where the vessel's port of registry is located, together with the shipping company's report on corrective actions along with relevant evidence.

Where the Maritime Safety Administration is assured, following assessment of the submission, that the technical safety of the vessel is adequate, Special Follow-Up may be removed.

Where a foreign vessel under Special Follow-Up has zero deficiencies in a Port State Control inspection conducted by the Maritime Safety Administration of the People's Republic of China after three months from the date of listing, the Maritime Safety Administration of the inspection port, shall file an application to remove the vessel from the list of vessels under Special Follow-Up along with other relevant material.

The vessel shall be removed from the list following review and approval.

During the period when the vessel is listed under Special Follow-Up, for each recurrence of the above reasons for listing, the date for application for removal from the list shall be extended by 3 months, counted from the previous date of permitted application for removing from the list.

LINK TO THE ORIGINAL ARTICLE

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