Department Of Transportation On The Modification Of The People's Republic Of China Marine Pollution Emergency Preparedness And Emergency Management Decision Rules (Amended In 2013)

Original Language Title: 交通运输部关于修改《中华人民共和国船舶污染海洋环境应急防备和应急处置管理规定》的决定(附2013年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398668.shtml

Department of transportation on the modification of the People's Republic of China marine pollution emergency preparedness and emergency management decision rules (amended in 2013) (December 24, 2013 traffic Transport Department makes 2013 19th, announced since December 24, 2013 up purposes) (Editor Note: modified content see according to September 5, 2014 traffic Transport Department makes 2014 11th, announced since announced of day up purposes of traffic Transport Department on modified of decided amendment of People's Republic of China ship pollution marine environment emergency preparedness and emergency disposal management provides (2014 amendment this)) traffic Transport Department decided on

    People's Republic of China marine environmental emergency preparedness and response to marine pollution disposal Regulation (Ministry of transport, 2011 4th) read as follows: First, in the seventh after the two as the eighth and Nineth.

    Eighth article content for: "port, and Terminal, and handling station and engaged in ship built, and salvage, and split solutions, job activities of units should according to traffic Transport Department of requirements developed about security operating and control pollution of management system, according to national about control ship and about job activities pollution marine environment of specification and standard, equipped with must of control pollution equipment and equipment, ensure control pollution equipment and equipment meet control ship and about job activities pollution marine environment of requirements".

Nineth article content for: "port, and Terminal, and handling station and engaged in ship built, and salvage, and split solutions, job activities of units should prepared report, evaluation its has of ship pollution control capacity whether with handling goods type, and Huff capacity or ship built, and salvage, and split solutions activities by required of pollution monitored monitoring capacity, and ship pollutants received processing capacity and ship pollution accident emergency disposal capacity phase adapted.

    Transport authorities in ports, terminals, loading and unloading stations when acceptance evaluation reports should be reviewed, confirm their ability and the appropriate pollution prevention from ships engaged in the work. "

    Second, delete the third chapter.

In addition, the provisions in order to make appropriate adjustments and modifications.

    This decision take effect on December 24, 2013.

    People's Republic of China marine pollution emergency preparedness and emergency management rules be revised according to this decision, publish it again.

    Attachment: People's Republic of China marine environmental emergency preparedness and response to marine pollution disposal regulations (amended in 2013)

    (January 27, 2011 Department of transportation released December 24, 2013 2013 of 19th the Ministry of transport announced since December 24, 2013, the Ministry of transport to amend of People's Republic of China marine pollution emergency preparedness and emergency response decision amendments to regulations)

    Chapter I General provisions

    First to improve emergency handling ability of pollution accident by ship, control, reduce, eliminate marine pollution damage resulting from marine pollution accidents, according to the People's Republic of China controlling marine environment pollution from ships regulation and other relevant laws, administrative regulations and People's Republic of China concluded or acceded to relevant international treaties, these provisions are formulated.

Article People's Republic of China within the jurisdictional area, combat marine pollution from shipping and related activities environmental emergency preparedness and response, these provisions shall apply.

Ships in the People's Republic of China pollution accident in waters outside the jurisdiction, and causes or is likely to cause People's Republic of China sea areas under the jurisdiction of pollution, its emergency preparedness and response, and these provisions shall apply.

    Referred to in this provision, "emergency" means the marine pollution incident occurs or may occur, to control, reduce, eliminate marine pollution damage from ships to take response action; "emergency preparedness" refers to the effective emergency and prepare in advance.

Article III Ministry of transport responsible for combating marine pollution from shipping and related activities nationwide environmental emergency preparedness and response work.

National maritime authority responsible for implementation of the marine pollution by ships and related activities environmental emergency preparedness and response work.

    Coastal marine management institutions at all levels, in accordance with their respective responsibilities for implementation activities polluting marine environment control of the ship and the job of emergency preparedness and response work.

    Fourth marine pollution from shipping and related activities environmental emergency preparedness and response should follow a unified leadership, comprehensive classification is responsible for coordination, and dependency management, the principle of shared responsibility.

    Chapter II emergency capacity-building and emergency plans

Fifth national marine pollution from shipping and related activities of environmental emergency response plan shall be determined according to national control of the ship and the activity needs of marine environment pollution, formulated by the Transport Department under the State Council, after the approval of the State Council promulgated for implementation.

Coastal combat ships and its relevant activities at the provincial level pollution of the marine environmental emergency response plan shall be determined according to national marine pollution from shipping and related activities environmental emergency capacity-building plan and local conditions, formulated by the coastal provinces, autonomous regions and municipalities and promulgation and implementation.

Coastal combat marine pollution from shipping and related activities at the city level environmental emergency response plan should be based on the provincial people's Government control of marine pollution from shipping and related activities environmental emergency capacity-building plan and local conditions, formulated by the municipal people's Government of the coastal districts and promulgation and implementation.

Preparation of combating marine pollution from shipping and related activities of environmental emergency response plan should be on the pollution risk assessment and preparedness needs, rational planning construction of emergency power distribution.

    Coastal marine management institutions at all levels should actively assist and cooperate with relevant local people's Government completed the preparation of contingency plans for capacity-building.

    Sixth Department of transportation, local people's Governments above city level of coastal districts according to control marine pollution from shipping and related activities of environmental emergency response plan, establish and perfect ship pollution accident emergency preparedness and emergency response mechanisms, establish emergency response team, special facilities, equipment and devices for construction of marine pollution emergency reserves.

Seventh coastal marine management institutions at all levels should be under control of the ship and the activity needs of pollution of the marine environment, in conjunction with the Marine Department to establish and improve marine pollution from shipping and related activities of environmental monitoring, monitoring mechanisms, strengthen shipping related activities and monitoring, monitoring of pollution of the marine environment.

    Port, dock, loading and unloading station and engaged in ship repair unit shall be equipped with loading and unloading of cargo types and throughput ability to adapt or build ships pollution monitoring facilities and pollutants to a reception facility, and keep them in good condition.

    Eighth article port, and Terminal, and handling station and engaged in ship built, and salvage, and split solutions, job activities of units should according to traffic Transport Department of requirements developed about security operating and control pollution of management system, according to national about control ship and about job activities pollution marine environment of specification and standard, equipped with must of control pollution equipment and equipment, ensure control pollution equipment and equipment meet control ship and about job activities pollution marine environment of requirements.

Nineth ports, terminals, freight station and engaged in ship repair, salvage, dismantling operations unit shall prepare reports on the activities and to evaluate the pollution prevention capacity of a ship and its cargo type, throughput or ship repair, salvage, dismantling activities necessary for pollution monitoring, marine pollutant receiving capacity and emergency handling ability to adapt of pollution accident by ship.

    Transport authorities in ports, terminals, loading and unloading station inspection evaluation report should be reviewed when, in recognition of their pollution prevention from ships engaged in operation with the ability.

Tenth Ministry of transport should be based on the State emergency response plan for public emergencies in General, development of national control of the ship and the special emergency activities of pollution of the marine environment.

The coastal provinces, autonomous regions and municipal people's Governments shall, in accordance with national ships and special emergency related activities of pollution of the marine environment, development of controlling marine pollution by ships and related activities at the provincial level environmental emergency plans.

Coast District municipal people's Governments shall, in accordance with provincial control of marine pollution from shipping and related activities environmental emergency plans, make combating marine pollution from shipping and related activities at the city level environmental emergency plans.

    The Ministry of transport and coastal districts, and local people's Governments above city level should organize regular control of marine pollution from shipping and related activities of environmental emergency response plan for drilling.

    In the 11th vessel owners, operators, managers and related operations shall be in accordance with the guidelines for national contingency plan established by the maritime administrative agency to develop or amend the control of marine pollution from shipping and related activities environmental emergency plan, and approval of the maritime administrative agency.

    Ports, terminals, terminal operators should be the prevention and control of marine pollution from shipping and related activities environmental emergency plans, and report to the maritime administrative agency for record.

    Ships and related operations shall be in accordance with the established contingency plans for emergency drills are regularly organized, according to the walkthrough to evaluate emergency, in accordance with the actual needs and circumstances change, duly amended contingency plans and emergency exercises, to assess the results and to amend the record.

In the 12th vessel pollution prevention facilities, equipment and devices should comply with the relevant national standards, and in accordance with the relevant requirements by type and use performance tests, its production and supply units shall be the production and sale of facilities, equipment, and types of equipment to the national maritime administration and inspection certificates for the record.

    National maritime administrative agency shall promptly comply with the relevant national standards for ship pollution prevention facilities, installations and equipment and production units to the public.

    Chapter III ship pollution response unit

13th Marine pollution response unit is made in accordance with the corresponding qualification and pollution response agreement with the ship, ship pollution accident emergency preparedness and emergency service units.

According to the different service areas and pollution response capacities, ship pollution response unit is divided into four ranges from high to low level, including:
(A) the level units to areas under China's jurisdiction for shipping oil and other liquid bulk dangerous goods spill pollution accident emergency services;

(B) secondary units from the Bank within 20 nautical miles of China's sea areas under the jurisdiction for shipping oil and other liquid bulk dangerous goods spill pollution accident emergency services;

(C) three units to provide oil spill response services for ships in port waters;

    (D) four units to a job within the waters of Hong Kong, independent provide oil spill response services to ships in the waters near the Terminal.

14th ship pollution response unit shall meet the following requirements, and approval of the maritime administrative agency:

(A) emergency decontamination capacity consistent with the marine pollution response unit emergency decontamination capability requirements (annex) provisions;

(B) developing pollution cleanup job programmes in accordance with control of the ship and the activity requirements of pollution of the marine environment;

    (C) waste disposal programme meet the pollution prevention provisions of the State.

15th applied for ship pollution response unit job qualifications should be submitted to the local maritime authorities in accordance with article 14th conditions of application materials.

Directly under the maritime administrative agency after acceptance of the application, the applicant should be whether the conditions provided for in article 14 of this provision for on-site verification.

Grade II on the application-tier, three-tier, four-stage unit, directly under the maritime administrative agency should be made from the date of acceptance of the 30th ratification or not to approve the decision, and grade II-level units, to the State maritime administration for the record. To apply for grade-level units directly under the maritime administrative agency shall report the on-site verification report to the national maritime administration.

National maritime administrative agency directly under the maritime administrative agency shall accept the application within 30th of approval or disapproval of the decision.

    To be approved by the marine pollution response unit, the maritime administrative agency shall issue the certificate of ship pollution response unit qualification; is not granted, it shall notify the applicant in writing and state the reasons. 16th ship pollution response unit of the qualification certificate shall set forth the ship pollution response unit name, the legal representative's name, address, grade, service area, expiry dates and other related matters.

Ship pollution response unit of the certificate of qualification is valid for 3 years.

Qualification certificate of ship pollution response unit shall set forth the ability to rank and provide services within a service area.

    Directly under the jurisdiction of the maritime administrative agency shall promptly make qualified ship pollution response unit name, rank and service area to the public.

Article 17th of the qualification certificate of ship pollution response unit of the particulars changed, ship pollution response unit should be the original issuing a maritime administrative agency to apply the change.

    Ability to change grades and service area, an application shall be submitted in accordance with the provisions. 18th marine pollution response unit in ship pollution response unit before the 30th, the date of expiry of the certificate, to the maritime administrative agency to apply for certification of the qualification certificate of ship pollution response unit of the continued procedure.

    Related to the maritime administrative agency shall from the date of accepting an application for continuation in the 30th, making the decision to approve or not to approve.

19th under any of the following circumstances, the maritime administrative agency shall have the ship pollution response unit qualification certificate of cancellation:

(A) pollution response unit to apply for the cancellation of the ship;

(B) termination of legal person according to law;

    (C) the marine pollution response unit certificate of qualification has been cancelled or revoked.

20th marine pollution response unit shall, before January 31 of each year will be filed to the maritime administrative agency issuing the following conditions:

(A) annual participation on marine pollution accident emergency work;

(B) marine pollution response facilities, equipment, facilities, and emergency response personnel;

    (C) the annual ship pollution response on the signing and implementation of the agreement;

    The fourth chapter of ship pollution response agreement signed

21st the ship bulk oil cargo, the operator shall ship in Hong Kong or outside Hong Kong before loading and unloading, and transfer operations, in accordance with the following requirements and ship pollution response unit of ship pollution response agreement signed:

(A) 600 gross tons only in the waters of the area or operation of ships, with more than four levels of ship pollution response unit clear pollution from ships entered into agreements;

(B) 600 gross tons more than 2000 gross tonnage below only in the port waters or operation of ships, with more than three levels of ship pollution response unit clear pollution from ships entered into agreements;

    (C) 2000 gross tons only in the port waters or operation of ships, as well as all incoming and outgoing ports and ships engaged in transfer operations with more than two levels of ship pollution response unit clear pollution from ships entered into agreement.

22nd carrying oil other than the shipping of bulk liquid dangerous goods, the operator shall ship in Hong Kong or outside Hong Kong before loading and unloading, and transfer operations, in accordance with the following requirements and ship pollution response unit of ship pollution response agreement signed:

(A) movement of ships, as well as from the Bank within 20 nautical miles of the waters under the jurisdiction of ships engaged in transfer operations with more than two levels of ship pollution response unit clear pollution from ships entered into agreements;

    (B) from the coast beyond 20 nautical miles of the waters under Chinese jurisdiction to engage in transfer operations of other liquid bulk dangerous goods carried by ships should ship pollution response and level between the marine pollution response agreement.

Article 23rd more than 10,000 gross tons of non-liquid bulk dangerous goods carried by ships, the operator shall ship in Hong Kong or outside Hong Kong before loading and unloading, and transfer operations, in accordance with the following requirements and ship pollution response unit of ship pollution response agreement signed:

(A) movement of 20,000 gross tonnage of ships with more than four levels of ship pollution response unit clear pollution from ships entered into agreements;

(B) access to port over 20,000 gross tonnage of less than 30,000 gross tons of ships with more than three levels of ship pollution response unit clear pollution from ships entered into agreements;

    (C) access to port more than 30,000 gross tons of ships and ships operating in waters under China's jurisdiction in connection with more than two levels of ship pollution response unit clear pollution from ships entered into agreement.

    Article 24th level, ship pollution response unit II ships for pollution response agreement between standards determined by the national maritime administrations.

25th national maritime administrative agency shall develop and publish clear pollution from ships agreement samples, clearly the rights and obligations of the parties.

    Shipping and pollution response units published by the maritime administrative agency shall, in accordance with agreements signed samples ship pollution response agreement.

Article 26th ship pollution response protocol should be signed by the Board for future reference, and processed for ships entering and leaving the port formalities or job application to the maritime administrative agency at present.

    Ship ship pollution response unit found violations of the provisions of the Act, or failing to complete the marine pollution response agreement shall be made to the marine pollution response unit is located directly under the maritime administrative agency reports.

    The fifth chapter emergency

27th marine pollution accident occurs or is likely to cause pollution of the marine environment, shipping and related companies should immediately start the appropriate contingency plans, in accordance with the relevant provisions of the requirement to report to the maritime administrative agency, informed the ship for ship pollution response agreement between pollution response unit, and taken under the emergency pollution control and cleanup measures.

    Ships that where a remediation action shall report to the maritime administrative agency, agreed by the maritime administrative agency before the cessation of emergency measures.

    28th marine pollution response unit after receiving the notice of pollution accident by ship, based on ship pollution response protocol should be carried out in a timely manner pollution control and cleanup operations, and shall promptly report to the maritime administrative agency pollution control and cleanup work progress.

Article 29th receives or is likely to cause pollution of the marine environment from ships report, the maritime administrative agency shall immediately verify the information, and to strengthen monitoring, surveillance.

    Of pollution accident by ship, the maritime administrative agency shall immediately organized to assess the level of pollution accident by ship, and follow the requirements for reporting and emergency communications. After 30th of pollution accident by ship, shall be in accordance with the People's Republic of China stipulated in the regulations on controlling marine environment pollution from ships, setting up emergency command structure.

    Emergency response command structure should be based on the levels and characteristics of pollution accident by ship, and starts the appropriate contingency plans, departments and units should be in the unified emergency command organization and command, the Division of labour in accordance with the emergency plan, and appropriate emergency response work carried out. 31st of pollution accident by ship or ships, and may cause People's Republic of China sea areas under the jurisdiction of pollution, the coastal districts of the municipal people's Government above, the maritime administrative agency according to emergency needs, can use the units and individuals ships, pollution prevention facilities, equipment, tools and other supplies.

The relevant units and individuals shall cooperate with.

Provided by the relevant units and individuals of ships and pollution prevention facilities, equipment, the equipment shall be in good condition, related material quality meet the requirements of relevant national technical standards and specifications. Expropriation of ships and pollution prevention facilities, equipment, tools and other materials used or the end of the emergency, shall be promptly returned.

    Shipping and pollution prevention facilities, equipment, tools and other goods damaged, destroyed or lost after being requisitioned or expropriated, compensation shall be made. 32nd case of pollution accident by ship, the maritime administrative agency can organize and take sea traffic control, clearance, salvage, towage, pilotage, escort, over connections, water pumping and blasting under the necessary measures.

Costs associated with these measures cause pollution of the marine environment by ships, the operating units concerned.

Need to assume cost of ship under the preceding paragraph shall be paid before departure-related expenses or provide appropriate financial assurance.

    Financial guarantees should be provided for in the domestic bank or issued by the insurance institutions in the territory.
33rd is in danger of sinking ship accident, before the crew off the ship, and shall provide for measures to prevent oil spills, as closing all cargo (Cabinet), tank (tank) pipe valve, blocking cargo (Cabinet), tank (tank) vent.

Ships sunk, its owner, operator or manager shall promptly report to the maritime administrative agency ship fuel contaminants, dangerous goods and other property type and mount location, quantity, and so on, entrust a qualified ship pollution response unit of pollution monitoring and control measures, and when necessary take measures such as taking, salvage.

Article 34th marine pollution accident Cleanup job after the assessment of pollution response actions and assessment report submitted to the local maritime authorities, assessment reports shall at least include the following:

(A) overview of accidents and emergency situations;

(B) the use of facilities, equipment, facilities and personnel;

(C) recovery of the type, quantity and disposition;

(D) the pollution damage;

(E) the problems of marine pollution contingency plan and modifications.

    Pollution accident emergency command structure should be cleared after the end of the job, the Organization to the overall effect of pollution cleanup job and assess pollution damage, and based on the evaluation results and the actual needs to amend the appropriate contingency plans.

    The sixth chapter legal liability

35th a maritime administrative agency shall establish and improve emergency preparedness for prevention of pollution from ships, and disposition of supervision and inspection system, ships and prevention of pollution from ships of operation and pollution cleanup job conducting supervision and inspection, and to the supervision and inspection of records.

    The maritime administrative agency when conducting supervision and inspection, the relevant units and individuals shall assist and cooperate with, and may not refuse or impede or obstruct.

    Article 36th maritime administration ship is found and its associated work units and individuals in violation of these provisions, shall be ordered to correct; it refuses, the maritime administrative agency may order cessation of operations, the force unmount, prohibition of vessels entering and leaving the port and berthing, transit stay or ordered to suspend, change, departure, drove to the designated location.

    37th article violation this provides of provides, ship not developed control ship and about job activities pollution marine environment emergency plans, or emergency plans not reported maritime management institutions approved of, by maritime management institutions at 20,000 yuan following of fine; port, and Terminal, and handling station of business people not developed control ship and about job activities pollution marine environment emergency plans of, by maritime management institutions be warning, or ordered deadline corrected.

    38th in violation of the provisions of these regulations, shipping and related companies are not equipped with anti-pollution facilities, equipment, supplies, or pollution prevention facilities, equipment, equipment does not comply with the relevant national regulations and standards, be warned by the maritime administrative agency, or a fine of less than 20,000 yuan and 100,000 yuan.

39th in violation of the provisions of these regulations, any of the following circumstances, by the maritime administrative agency the fines of between 50,000 yuan and 10,000 Yuan:

(A) the carriage of bulk liquid dangerous goods ships and other ships of 10,000 gross tons or more, entered into the operator in accordance with the provisions of the pollution cleanup job agreement;

    (B) lack of pollution cleanup job qualification units of pollution cleanup job agreement signed and pollution response operations.

40th in violation of the provisions of these regulations, any of the following circumstances, the Maritime Administration Department fines of less than 20,000 yuan and 100,000 Yuan:

(A) after the ship sank, its owner or operator fails to promptly report to the maritime administrative agency the ship fuel and dangerous goods, as well as other pollutants, quantity, type and loading position;

    (B) after the ship sank, its owner or operator fails to take timely measures to clear the ship fuel and dangerous goods, as well as other pollutants. 41st article violation this provides of provides, occurred ship pollution accident, ship, and about job units late reported, and omitted accident of, on ship, and about job units, by maritime management institutions at 50,000 yuan above 250,000 yuan following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, by maritime management institutions at 10,000 yuan above 50,000 yuan following of fine; directly is responsible for of competent personnel and other directly responsibility personnel belongs to crew of, Withholding certificate of competency or other relevant documents the penalties of from 3 months to 6 months.

    Concealed, and lied about accident of, on ship, and about job units, by maritime management institutions at 250,000 yuan above 500,000 yuan following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, by maritime management institutions at 50,000 yuan above 100,000 yuan following of fine; directly is responsible for of competent personnel and other directly responsibility personnel belongs to crew of, and at give revoked suitable any certificate or other about documents of punishment. 42nd article violation this provides of provides, occurred ship pollution accident, ship, and about job units not immediately started emergency plans of, on ship, and about job units, by maritime management institutions at 20,000 yuan above 100,000 yuan following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, by maritime management institutions at 10,000 yuan above 20,000 yuan following of fine; directly is responsible for of competent personnel and other directly responsibility personnel belongs to crew of,

    And a withholding certificate of competency or competency certificates from 1 month to 3 months of punishment.

    The seventh chapter by-laws

    Article 43rd referred to in this provision "less than," "within" include the number, "following" and "beyond" not including the number itself. 44th article of the regulations come into force on June 1, 2011.