Department Of Transportation On The Modification Of The People's Republic Of China Ships The Decision Of Implementation Measures For Insurance Of Civil Liability For Oil Pollution Damage

Original Language Title: 交通运输部关于修改《中华人民共和国船舶油污损害民事责任保险实施办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201311/20131100393592.shtml

Department of transportation on the modification of the People's Republic of China ships the decision of implementation measures for insurance of civil liability for oil pollution damage

    (August 31, 2013 the Ministry of transport [2013] 11th release come into force on the date of promulgation) Department of transportation decided to the People's Republic of China ships of the implementation measures for insurance of civil liability for oil pollution damage (2010 3rd, the Ministry of transport) as follows:

    First, the deletion of chapter III, "insurance civil liability for oil pollution damage from ships."

    II, and increased a article as eighth article, content for "in the nationality ship of all should to in China territory law established of commercial insurance institutions, and in China territory law established or in China territory has representative institutions or agent institutions of mutual sex insurance institutions insured ship oil damage civil responsibility insurance, or made above insurance institutions and territory Bank by issued of insurance letter, and credit, other financial guarantee.

    Nationality of ship-owner shall have the ability to pay of the insurance institutions insurance civil liability for oil pollution damage from ships insurance or financial guarantee, insurance institutions shall apply to all vessels produce relevant documents to prove it has the ability to pay. "

    Three, and will 20th article to 16th article, and modified for: "engaged in ship oil damage civil responsibility insurance of insurance institutions in entered into force of court judgment, and arbitration ruling book or arbitration mediation book provides of perform during expires Hou refused to implementation, not to by bearing insurance ship lost pay of, since found of years next year up three years within, maritime management institutions in accepted ship oil damage civil responsibility insurance certificate application Shi not accept its issued of ship oil damage civil responsibility insurance single card or other financial guarantee proved".

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

    This decision shall come into force as of the date of.

    People's Republic of China insurance civil liability for oil pollution damage from ships in accordance with this decision of the measures for the implementation of a revised, republished.

    Attachment: People's Republic of China insurance measures for the implementation of civil liability for oil pollution damage from ships 2013 (revised) (August 19, 2010, announced August 31, 2013, the Ministry of Transport Ministry of transport [2013] 11th release come into force on the date of promulgation of the Ministry of transport to amend of People's Republic of China on civil liability for oil pollution damage insurance decision amended the implementing measures)

    Chapter I General provisions

    First for the improvement of ship pollution damage compensation mechanisms, establishing insurance system of civil liability for oil pollution damage from ships, under the People's Republic of China Law on marine environmental protection, the People's Republic of China maritime Nations, the People's Republic of China regulations on controlling marine environment pollution from ships and other laws and administrative regulations and concluded or acceded to relevant international treaties, these measures are formulated.

    Article People's Republic of China sailing in the sea areas under the jurisdiction of the substance carried oil ships and more than 1000 gross ton vessels carry substances other than oil, the owner shall, in accordance with the provisions of these measures insure civil liability for oil pollution damage from ships insurance or obtain the appropriate financial guarantees.

    Bear civil liability for oil pollution damage insurance commercial insurance institutions and mutual insurance companies shall abide by these measures.

    Article the Transportation Department is responsible for the unified management of national insurance civil liability for oil pollution damage from ships.

    National maritime safety authority is responsible for organizing the national insurance civil liability for oil pollution damage from ships.

    Coastal marine management institutions at all levels, in accordance with their respective responsibilities for implementation on civil liability for oil pollution damage insurance.

    Chapter two lines of insurance and civil liability for oil pollution damage from ships

    Fourth in the People's Republic of China ships sailing in the sea areas under the jurisdiction shall be insured in accordance with the following provisions on civil liability for oil pollution damage insurance or other financial security:

    (A) ships carrying persistent oils in bulk ship insured insurance of civil liability for oil pollution damage, the insured should substances include persistent oil pollution damage caused;

    (B) more than 1000 gross ton ship carrying persistent oils substances, the insured insurance of civil liability for oil pollution damage, the insured should include non-persistent oil pollution caused by substances damage and pollution damage caused by oil;

    (C) more than 1000 gross ton vessels carry substances other than oil, the insured insurance of civil liability for oil pollution damage, the insured should include oil pollution damage caused;

    (D) 1000 gross ton ship carrying persistent oils substances, the insured insurance of civil liability for oil pollution damage, the insured should include non-persistent oil pollution damage caused by substances.

    Fifth in the People's Republic of China sailing in the sea areas under the jurisdiction of the ships carry persistent oil in bulk material, insurance of civil liability for oil pollution damage insurance or other financial security shall be not less than the following limits:

    (A) 5000 gross tonnage ships to 4.51 million special drawing rights;

    (B) ships above 5000 tons gross, in addition to the amount provided for in the preceding paragraph, for each additional ton, an increase of 631 SDR, however, of this amount in any case up to 89.77 million special drawing rights.

    Sixth in the People's Republic of China waters within the jurisdiction of ships carrying persistent oils substances, as well as more than 1000 gross ton vessels carry substances other than oil, insurance of civil liability for oil pollution damage insurance or other financial security shall be not less than the following limits:

    (A) 20 gross tons or more, 21 ships of gross tonnage, 27500 special drawing rights;

    (B) 21 gross ton, 300 gross tonnage of a ship shall, subject to subsection (a) the amount set out in item, for each additional ton, an increase of 500 special drawing rights;

    (C) ships 300 gross tons to 500 tons gross, 167000 special drawing rights;

    (D) 501 to 30000 tons total tons of ships shall, subject to subsection (c) the amount set out in item, for each additional ton, an increase of 167 special drawing rights;

    (V) 30001 to 70000 tons total tons of ships shall, subject to subsection (d) the amount set out in item, for each additional ton, an increase of 125 special drawing rights;

    (F) the 70001 gross tons of the ship, subject to subsection (e) the amount set out in item, for each additional ton, an increase of 83 special drawing rights.

    Article seventh People's Republic of China cargo transportation between the ports of ships or coastal jobs, insurance of civil liability for oil pollution damage insurance or other financial security, the amount calculated on the amount in accordance with article sixth 50%.

    Chapter III certificate of insurance civil liability for oil pollution damage from ships

    Article eighth of all ships in commercial insurance set up in the country according to law should be institutions, within the country in accordance with established or represented in the country agency or agent of mutual insurance institutions insurance insurance civil liability for oil pollution damage from ships, or those insurance institutions, as well as domestic banks issued guarantees, letters of credit and other financial guarantees.

    Nationality of ship-owner shall have the ability to pay of the insurance institutions insurance civil liability for oil pollution damage from ships insurance or financial guarantee, insurance institutions shall apply to all vessels produce relevant documents to prove it has the ability to pay.

    Ships in the Nineth insure civil liability for oil pollution damage from ships insurance or obtain other financial assurance shall be according to the following regulations apply to the maritime administrative agency directly under the location of the port of the relevant certificate of insurance civil liability for oil pollution damage from ships:

    (A) ships carrying persistent oils, should go through the certificate of insurance or other financial guarantee for civil liability for oil pollution damage;

    (B) more than 1000 gross ton ship carrying persistent oils substances, should go through the Convention on civil liability for oil pollution damage insurance or other financial guarantee certificates and the non-persistent civil liability for oil pollution damage insurance or other financial guarantee certificates;

    (C) 1000 gross tonnage of ships carrying non-persistent oil, should go through the non-persistent civil liability for oil pollution damage insurance or other financial guarantee certificates;

    (D) more than 1000 gross ton vessels carry substances other than oil, should go through the civil liability for bunker oil pollution damage insurance or other financial guarantee certificates.

    Article tenth vessel applying for certificate of insurance civil liability for oil pollution damage from ships, to the maritime administrative agency shall submit the following documents:

    (A) the application;

    (B) effective on civil liability for oil pollution damage insurance certificates or other financial guarantee certificates;

    (C) the nationality certificate.

    11th maritime administrative agency shall review the application materials, subject to this regulation, within 7 working days from the date of acceptance, the ship issue the corresponding certificate of insurance civil liability for oil pollution damage from ships.

    Civil liability for oil pollution damage from ships the validity period of a certificate of insurance shall not exceed on civil liability for oil pollution damage insurance contract or other financial guarantee certificate term.

    12th civil liability for oil pollution damage from the ship a certificate of insurance shall forge, alter, and should carry on board, for possible examination by the maritime administrative agency.

    Certificate of insurance civil liability for oil pollution damage from ships lost, shall state the reasons in writing and shall attach all supporting documents, to the issuing authority for the replacement.

    13th vessels of foreign nationality navigating in waters under China's jurisdiction shall be in conformity with the following provisions:

    (A) the application of the 1992 International Convention on civil liability for oil pollution damage shall hold their competent authority or its authorized body of civil liability for oil pollution damage insurance or other financial guarantee certificates;

    (B) the application of the 2001 International Convention on civil liability for oil pollution damage, should hold their competent authorities or the agency authorized to issue civil liability for bunker oil pollution damage insurance or other financial guarantee certificates;

    (C) 1000 gross ton ship carrying persistent oils substances, should be in possession of valid non-persistent oil pollution civil liability insurance certificates or other financial guarantee certificates.

    14th the maritime administrative agency shall strengthen the civil liability for oil pollution damage insurance certificate, certificate of insurance or other financial security certification of inspection.

    The fourth chapter legal liability

    15th under any of the following circumstances, the maritime administrative agency shall order rectification, and to a fine of up to 10,000 yuan and 50,000 yuan; it refuses, ordered to suspend or prohibit access or transit stay in Hong Kong, and to a fine of up to 50,000 yuan more than 250,000:
(A) ships sailing in waters under China's jurisdiction, its owner not insured pursuant to the provisions on civil liability for oil pollution damage insurance or other financial guarantees;

    (B) shipowners insure civil liability for oil pollution damage insurance or other financial guarantee amount is lower than the regulation.

    The following circumstances as a ship has not been insured pursuant to the provisions on civil liability for oil pollution damage insurance or other financial security:

    (A) has not obtained the appropriate certificate of insurance civil liability for oil pollution damage from ships;

    (B) forged or altered certificate of insurance civil liability for oil pollution damage from ships;

    (C) civil liability for oil pollution damage from the ship of insurance certificates expired;

    (D) civil liability for oil pollution damage from the ship of insurance certificate and the ship does not match the reality.

    Marine forged or altered certificate of insurance civil liability for oil pollution damage from ships, the maritime administrative agency shall also on civil liability for oil pollution damage from ships that have been issued a certificate of insurance shall be revoked.

    16th article engaged in ship oil damage civil responsibility insurance of insurance institutions in entered into force of court judgment, and arbitration ruling book or arbitration mediation book provides of perform during expires Hou refused to implementation, not to by bearing insurance ship lost pay of, since found of years next year up three years within, maritime management institutions in accepted ship oil damage civil responsibility insurance certificate application Shi not accept its issued of ship oil damage civil responsibility insurance single card or other financial guarantee proved.

    17th maritime management abuse, malpractice, negligence, gross negligence, administrative sanctions shall be provided by his entity or his upper level organs constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    18th article this approach is known as the "upper" include the number, called "the following" not including the number itself.

    19th article this law, the following terms mean:

    "Oil" is defined as any type of oil and refined products.

    "Persistent oil" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil and so on.

    "Non-persistent oil" means any oil other than persistent oils.

    20th the measures come into effect October 1, 2010. People's Republic of China waters of 1200 tons sailing ships carry persistent oil in bulk material, insurance of civil liability for oil pollution damage from 1 year after the entry into force of these measures.