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Regulations of People's Republic of China (PRC) Municipality on the Prevention and Control of Marine Environmental Pollution by Ships and Related Operations
Provisions of People's Republic of China (PRC) Municipality on Prevention and Control of Marine Environment Pollution by Ships and Their Related Operations

(201011610/6 Promulgated by Order No.7 of the Ministry of Transport of the People's Republic of China, according to Order No.1 13 of the Ministry of Transport of the People's Republic of China, on August 36, 2006, "On Amending the Regulations on the Prevention and Control of Ships and Related Operations in People's Republic of China (PRC)" Kloc-0/6 Oily sewage, sewage containing toxic and harmful substances, waste gas and other pollutants and ballast water shall comply with the provisions of laws, administrative regulations, relevant standards and international treaties concluded or acceded to by People's Republic of China (PRC). Article 13 Ships shall not discharge pollutants into marine nature reserves, special marine reserves, coastal scenic spots, important fishery waters and other sea areas that need special protection. Where a sea area requiring special protection as stipulated in the first paragraph of this article is established according to law, facilities for receiving pollutants from ships and emergency equipment shall be set up in appropriate areas. Article 14 A ship shall discharge pollutants that do not meet the discharge requirements stipulated in Article 12 and are prohibited from being discharged into the sea area according to law into a port receiving facility with corresponding receiving capacity or entrust a ship pollutant receiving unit with corresponding receiving capacity to receive them. Where a ship entrusts a ship pollutant receiving unit to receive pollutants, the ship operator shall clearly designate the entrusted ship pollutant receiving unit before the operation. Fifteenth ship pollutant receiving units receiving ship garbage, residual oil, oily sewage, sewage containing toxic and harmful substances, should have the ability to prevent and eliminate pollution, and approved by the maritime administrative agency. Sixteenth ship pollutant receiving operation units shall implement the safety and pollution prevention management system. The operation of receiving pollutants shall conform to the relevant national standards and regulations, and effective pollution prevention measures shall be taken to prevent pollutants from overflowing. Article 17 After completing the pollutant receiving operation, the pollutant receiving unit of the ship shall issue a pollutant receiving document to the ship, truthfully fill in the type and quantity of pollutants received, and sign it by the captain for confirmation. The ship pollutant receipt form shall indicate the name of the operation unit, the names of the ships of both parties to the operation, the start and end time and place of the operation, and the type and quantity of pollutants. The ship shall go to the maritime administrative agency with the corresponding record book and the receipt certificate of ship pollutants, and keep the receipt certificate of ship pollutants in the corresponding record book. Article 18 Before leaving a domestic port, an international sailing ship shall clean up the pollutants on board, and present a valid certificate of receipt of pollutants to the maritime administrative agency when going through the port formalities. Nineteenth ships engaged in operations involving the disposal of pollutants, should be standardized to fill in the corresponding record book and truthfully record, truly reflect the quantity, disposal process and destination of pollutants produced in the process of ship operation. In accordance with the laws, administrative regulations, the provisions of the transportation authorities in the State Council and the requirements of international treaties concluded or acceded to by People's Republic of China (PRC), it is not necessary to provide a record book, and the relevant information shall be truthfully recorded in the log book or engine log on the day of operation. The ship shall keep the Waste Ship Garbage Record Book on board for 2 years; Keep the used oily sewage and sewage record book containing toxic and harmful substances on board for 3 years. Article 20 A pollutant receiving unit from a ship shall hand over the pollutants it receives to a pollutant treatment unit with the qualifications prescribed by the state for treatment, and report the receiving and treatment of pollutants from a ship to the maritime administrative agency for the record every month. Twenty-first receiving and treating pollutants from ships containing toxic and harmful substances or other dangerous components shall abide by the provisions of the state on the management of hazardous wastes. Pollutants produced by ships from epidemic areas can only be received and treated after quarantine treatment by relevant quarantine departments. Twenty-second ships should be equipped with leak-proof and overflow-proof garbage storage containers with covers, or bag the garbage. Ships shall collect and store garbage separately, and garbage containing toxic and harmful substances or other dangerous components shall be stored separately. Where a ship discharges garbage containing toxic and harmful substances or other dangerous components to a port receiving facility or entrusts a ship pollutant receiving unit to receive it, it shall explain to the other party the name, nature and quantity of the substances contained in the garbage. Twenty-third ships should be in accordance with the relevant provisions of the state and the requirements of international treaties concluded or acceded to by People's Republic of China (PRC), and set up treatment devices or storage containers suitable for the production of domestic sewage.

Chapter IV Transportation of Pollution Dangerous Goods by Ships and Related Operations

Article 24 The term "polluted dangerous goods" as mentioned in these Provisions refers to articles that directly or indirectly enter water bodies, which will damage the quality of water bodies and the environment, thus causing harmful effects such as destroying biological resources and endangering human health. The national maritime administrative agency shall publish the list of hazardous pollution goods to the public and update it in time as needed. Article 25 When a ship carries goods with pollution hazards into or out of a port, the carrier or agent shall go through the formalities for declaring the seaworthiness of the ship with the maritime administrative agency 24 hours before entering or leaving the port (if the voyage is less than 24 hours, it shall be subject to leaving the last port); Before declaring the seaworthiness of a ship, the owner or agent of the goods shall go through the formalities for declaring the seaworthiness of the goods with the maritime administrative agency. After the Certificate of Airworthiness of Goods and the Certificate of Airworthiness of Ships have been examined and approved by the maritime administrative agency, ships may enter and leave ports, stop on the way or carry out loading and unloading operations. Article 26 The characteristics, packaging, risk prevention and emergency measures of the goods delivered for transportation shall conform to the relevant national standards and regulations and the requirements of international treaties concluded or acceded to by People's Republic of China (PRC); In accordance with the law, it needs to be approved by the relevant competent department of the state. The seaworthiness of ships shall be implemented in accordance with the provisions on the seaworthiness of ships carrying dangerous goods in the Conditions for Maritime Administrative Licensing of People's Republic of China (PRC). Article 27 The owner or agent of the goods shall submit the following materials to the maritime administrative agency when handling the formalities for declaring the seaworthiness of the goods: (1) A declaration form of the seaworthiness of the goods, including relevant information of the owner or agent of the goods and basic information such as the name, model and characteristics of the goods; (2) If the agent goes through the formalities of declaring the goods to be suitable for transport, it shall provide a valid authorization certificate issued by the owner of the goods; (3) Relevant materials such as safety technical specifications, safety precautions, prevention and emergency measures for contaminated dangerous goods; (4) Goods that are harmful to pollution and can only be transported after being approved by the relevant competent departments of the state according to law shall have valid approval documents; (5) The following materials shall also be submitted for the delivery and transportation of the following polluted dangerous goods: 1. Transport packaging pollution of dangerous goods, it shall provide inspection certificates for packaging and medium-sized bulk containers or pressure vessels; 2. Where movable tanks and cabinets are used to load goods harmful to pollution, inspection certificates for tanks and cabinets shall be provided; 3. Carrying radioactive contaminated dangerous goods, a radioactive dose certificate shall be submitted; 4. Where inhibitors or stabilizers are added to the goods, the name, quantity, temperature, validity period and measures to be taken at the expiration of the validity period shall be submitted; 5. If you carry dangerous goods with limited pollution, you shall submit a certificate of limited dangerous goods; 6. Where goods with unknown pollution hazards are carried, a pollution hazard assessment report conforming to the provisions of Article 31 shall be submitted. Article 28 A carrier or agent shall submit the following materials to the maritime administrative agency when going through the formalities of seaworthiness declaration of a ship: (1) A declaration form for goods carrying pollution hazards, including relevant information of the carrier or agent and basic information such as the name, type and characteristics of the goods; (2) A certificate of airworthiness of the goods approved by the maritime administrative agency; (3) If the agent goes through the formalities of seaworthiness declaration, he shall provide a valid authorization certificate issued by the carrier; (4) Oil pollution prevention certificate, certificate of seaworthiness of the ship, civil liability insurance for oil pollution damage of the ship or other financial guarantee certificates; (5) If a ship carrying polluted dangerous goods has an accident in transit, it shall also briefly explain the cause of the accident, the control measures taken and the current situation in the Declaration Form for Ships Carrying Pollution Dangerous Goods, and submit a detailed report after arrival in Hong Kong; (6) A list, manifest or stowage plan showing the actual loading situation; (seven) ports, docks and loading and unloading stations for loading and unloading goods. Ships with fixed ships, fixed routes and ordered goods can go through the formalities of regular seaworthiness declaration for ships with a period of not more than one month. To go through the formalities of regular seaworthiness declaration of ships, in addition to the materials specified in the first paragraph of this article, relevant materials that can prove that fixed ships transport goods with fixed pollution hazards on fixed routes shall also be submitted. Article 29 After receiving the seaworthiness declaration of goods and the seaworthiness declaration of ships, the maritime administrative agency shall make a decision of approval or disapproval within 24 hours according to the conditions stipulated in Article 26. To apply for regular declaration of seaworthiness of ships, a decision of approval or disapproval shall be made within 7 days. Article 30 When delivering goods harmful to pollution to the ship, the cargo owner or agent shall take effective pollution prevention measures to ensure that the specifications, proportion, chromaticity, packaging and durability of the goods meet the relevant national requirements for safety and pollution prevention, and truthfully indicate the technical name, quantity, category, nature, prevention and emergency measures of the goods on the transport documents. Article 31 Where the cargo owner or agent delivers the cargo with unknown pollution hazards to the ship, the pollution hazard assessment shall be conducted by an assessment agency recognized by the national maritime administrative agency, and the nature of the pollution hazard of the cargo and the technical conditions of the cargo on board shall be made clear, and the cargo shall be delivered to the ship for transportation after being confirmed by the maritime administrative agency. The national maritime administrative agency shall identify and regularly publish the list of assessment agencies specified in the first paragraph of this article according to the following standards: (1) having a fixed office space and equipped with necessary testing and appraisal facilities and equipment; (2) Professionals with technical ability suitable for the assessment of pollution hazards; (3) Having a management system that meets the requirements for the assessment of hazardous pollutants. Thirty-second empty containers and transport parts that have been loaded with goods with pollution hazards shall be thoroughly cleaned and eliminated, and only after obtaining a clean certificate issued by a qualified testing institution as stipulated by the state can they be delivered to ships for transportation as ordinary goods. Before thorough cleaning and hazard elimination, the goods should be transported according to the requirements of the original goods. Article 33 If the maritime administrative agency thinks that the goods delivered to the ship should be declared as polluted dangerous goods but not declared, or the declared contents are inconsistent with the actual situation, it may, with the approval of the person in charge of the maritime administrative agency, conduct inspection by unpacking. When the maritime administrative agency conducts unpacking inspection, the owner or agent of the goods shall be present and be responsible for moving the goods, opening and resealing the packaging of the goods. When the maritime administrative agency deems it necessary, it may conduct inspection, re-inspection or sampling. The relevant units and individuals shall cooperate. Article 34 If a ship does not meet the requirements for loading contaminated dangerous goods, it shall not carry contaminated dangerous goods, and the docks and loading and unloading stations shall not carry out loading and unloading operations for it. If it is found that ships and their related operations may cause pollution hazards to the marine environment, docks, loading and unloading stations and ships shall immediately take corresponding emergency measures and report to the maritime administrative agency. Thirty-fifth docks and loading and unloading stations engaged in loading and unloading goods with pollution hazards shall meet the relevant standards for safe loading and unloading and pollutant treatment, and submit relevant materials for safe loading and unloading and pollutant treatment capacity to the maritime administrative agency. The maritime administrative agency shall announce to the public the docks and loading and unloading stations with corresponding safety loading and unloading and pollutant treatment capabilities. Ships carrying goods that are harmful to pollution shall carry out loading and unloading operations at docks and loading and unloading stations with corresponding safety loading and unloading and pollutant treatment capabilities announced by the maritime administrative agency. Article 36 Ships engaged in lighterage operations of dangerous goods contaminated by bulk liquid shall abide by the national regulations and technical specifications on maritime traffic safety and prevention and control of marine pollution by ships, choose waters with good conditions such as slow current, shelter from wind, deep water and sediment, avoid densely populated areas, densely navigable areas for ships, navigation channels, important civilian targets or facilities and military waters, formulate measures and emergency plans for safety and pollution prevention, and ensure effective implementation. Article 37 The carrier, the consignor or the shipping agent shall submit the following application materials to the maritime administrative agency when engaging in the barge operation of dangerous goods contaminated by bulk liquid: (1) An application for ship operation, including basic information such as ship information, contact person, contact information, operation time, operation place, barge type and quantity; (two) the ship's operation plan, monitoring and pollution prevention measures to be taken; (3) Emergency plan for ship operation; (4) An analysis report on navigation safety and pollution risk in the waters where the ship operates; (five) the pollution removal operation agreement signed with the pollution removal operation unit with corresponding qualifications. Materials specified in items (1), (2), (3) and (5) of the first paragraph of this article shall be submitted for oil supply and receiving by barges. The maritime administrative agency shall, within 2 days from the date of accepting the application, make a decision on approval or disapproval according to the conditions stipulated in Article 36. If a decision cannot be made within 2 days, it may be extended for 5 days with the approval of the person in charge of the maritime administrative agency. Article 38 Units engaged in the supply and receipt of oil from ships shall file with the maritime administrative agency and submit the following filing materials: (1) Business license for industry and commerce; (2) Safety and pollution prevention system documents, emergency plan, list of emergency equipment and materials, pressure test certificate of oil hose and operator training; (3) Where a ship supplies and receives oil, it shall also submit the relevant certificates of the ship, the emergency plan for oil pollution on board, the oil pollution liability insurance certificate for operating the ship and the certificate of competency of the crew; (4) A letter of commitment on fuel quality; Units engaged in the supply and receipt of refined oil shall also submit certificates of wholesale or retail operation of refined oil approved by relevant departments according to law. Article 39 When a ship supplies and receives oil, the operator shall take management measures for supplying and receiving oil that meet the requirements of safety and pollution prevention, and abide by the following provisions: (1) Before the operation, the operator shall: check the pipelines and valves, make preparations, block the deck drainage holes, and close the relevant sea valves; 2. Check the equipment related to oil operation to make it in good condition; 3. Set up oil collection containers where oil spill may occur; 4. The oil supplier and the oil receiver shall agree on the contact signal with the oil receiver as the main body, and both parties shall earnestly implement it. (2) During the operation, there should be enough personnel on duty, and the personnel on duty should stick to their posts, strictly implement the operation procedures, master the operation progress, and prevent oil leakage; (3) When stopping operation, relevant valves must be effectively closed; (4) When disassembling the oil hose, the hose must be effectively closed with a blind plate in advance, or other effective measures must be taken to prevent the oil stored in the hose from flowing back into the sea. The maritime administrative agency shall supervise and inspect the ship's oil supply and receiving operations, and shall stop it if it finds that it does not meet the requirements of safety and pollution prevention. Fortieth ship fuel supply units shall truthfully fill in the fuel supply and receipt documents, and provide the ship with fuel supply and receipt documents and fuel samples. The fuel supply and receiving documents shall include the name of the tanker, the ship identification number or the International Maritime Organization number, the operation time and place, the name, address and contact information of the fuel supplier, and the type, quantity, density and sulfur content of the fuel. Ships and fuel suppliers shall keep fuel supply and receiving documents for 3 years, and properly keep fuel samples 1 year. The fuel supply unit shall ensure that the quality of the supplied fuel meets the requirements of relevant standards, and send the supplied fuel to a fuel testing unit that has obtained the qualification prescribed by the state for testing. The fuel quality inspection report shall be kept on the operating ship for future reference. Article 41 Ships engaged in loading, unloading and lighterage operations of oil of over 300 tons or toxic liquid substances in bulk with specific gravity less than 1, which are insoluble in water and slightly soluble in water, shall set up oil booms. The oil boom laying plan shall be reported to the maritime administrative agency for the record before the operation. If it is not suitable to lay oil booms due to natural conditions or other reasons, other anti-pollution alternative measures can be taken, but the proposed alternative measures and reasons shall be reported to the maritime administrative agency for approval before operation. Article 42 When ships carrying goods with pollution hazards enter or leave the port, they shall abide by the special provisions of the maritime administrative agency and take necessary safety and pollution prevention measures when passing through the bridge area, traffic control area, dense navigation area and areas with limited navigation conditions, or when ships carrying highly toxic, explosive and radioactive goods enter or leave the port. Article 43 When a ship carries toxic and harmful gases, dust substances and other goods, it shall take sealing or other protective measures. Measures should be taken to recover toxic and harmful gases during transportation and operation for goods with pollution hazards that need to be sealed.

Chapter V Ship Disassembly, Salvage, Repair and Other Underwater Ship Construction Operations

Article 44 It is forbidden to dismantle a ship with a beach. Forty-fifth ship dismantling, salvage, repair and other underwater ship construction operations, should abide by the relevant operating rules, and take necessary safety and pollution prevention measures. Article 46 Before dismantling and repairing the ship's oil tank, the operation unit shall effectively dispose of the residues and wastes on board, barge out the oil stored in the fuel tank and cargo tank, carry out tank washing, tank cleaning and explosion detection, and obtain the ship's pollutant acceptance certificate and effective explosion detection certificate in accordance with the regulations. Where the oil stored in a ship's fuel tank or cargo oil tank needs to be delivered for storage by barge, it shall be delivered to the polluted unit of the ship or the unit that has obtained the qualification for operating ship oil according to law, and shall be approved by the maritime administrative agency in accordance with the provisions of Article 37. Article 47 Where a ship is repaired in the dock, the shipyard shall clean up the pollutants in the dock before the ups and downs of the dock or the opening of the dock door to ensure that it will not cause water pollution. Article 48 After dismantling, salvaging, repairing or other underwater ship construction operations are completed, pollutants shall be removed in time, and the removal and treatment of pollutants generated in the whole operation process shall be reported to the maritime administrative agency, which may conduct on-site verification as appropriate. Article 61 These Provisions shall not apply to the prevention and control of marine environment pollution by military vessels and fishing vessels outside the waters of port areas under the jurisdiction of the State Council Municipal Bureau of Transportation. Article 62 These Provisions shall come into force on February 20 1 year 1 day.