People's Republic Of China Security Supervision And Administration For Shipping Dangerous Goods Regulations

Original Language Title: 中华人民共和国船舶载运危险货物安全监督管理规定

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(Released November 30, 2003 Department of transportation 2003 of 10th) Chapter I General provisions article to strengthen supervision and administration for shipping dangerous goods, protect the water of life, and property security, prevention of pollution from ships, in accordance with the People's Republic of China maritime traffic safety law, the People's Republic of China Law on marine environmental protection, the People's Republic of China Law on ports, the People's Republic of China inland river transportation safety management regulations, the People's Republic of China regulations on the safety management of dangerous chemicals
    And the provisions of relevant international conventions, these provisions are formulated.
    Provisions of this article applicable to ships in the People's Republic of China waters under the jurisdiction of the carriage of dangerous goods activities. Article III Ministry responsible for safety management of shipping dangerous goods nationwide.
    People's Republic of China Maritime Safety Administration is responsible for safety supervision and administration for shipping dangerous goods.
    The Ministry directly under and local people's Governments in charge of transportation maritime administration departments at all levels in accordance with relevant laws and regulations and these provisions, in charge of the district work safety supervision and administration for shipping dangerous goods.
    Article fourth of vessels carrying dangerous goods must comply with the national safety production, water traffic safety, prevention of pollution from ships, provisions, and ensuring security of persons and property, to prevent damage to the environment, resources, and other ships and facilities.
    Fifth prohibits the use of the river and other waters in shipping channels such as the transport of highly toxic chemicals, traffic, as well as provisions prohibiting the transport of other dangerous chemicals.
    Ban on carrying dangerous goods in general cargo, Punic reported or dangerous goods must not be reported as ordinary goods.
    Prohibited without obtaining the certificate of fitness of dangerous goods ships and over age of vessels carrying dangerous goods in traffic.
    Chapter navigation safety and pollution prevention management article sixth of the carriage of dangerous goods by ships in waters under Chinese jurisdiction navigation, berthing, and operation shall comply with the Ministry within its terms of reference, as well as the maritime administrative agency the competent public water transport safety provisions and the prevention of pollution from ships.
    Sailing in the waters under Chinese jurisdiction, Park, operation of vessels carrying dangerous goods, the maritime administrative agency shall carry out supervision. Article seventh safety requirements for vessels carrying dangerous goods shall be selected in accordance with the navigable waters navigation, berthing, and operation, and navigation, berthing, and operation taking into account in the vicinity of other vessels, as well as ports and offshore facilities security, prevent pollution of the environment.
    Dangerous goods in maritime administration vessel navigation, route, sailing vessels carrying dangerous goods shall comply with the provisions. Carriage of dangerous goods by ships through the narrow and crowded waterway, airway, or climate, storm navigation, berthing, and operation under harsh conditions, should be strengthened, and to exercise caution and take the appropriate safety and anti-pollution measures.
    If necessary, should also implement the ship stand-by protection and other emergency preventive measures, or to the maritime administrative agency for navigation or escorts.
    Carriage of explosives, radioactive substances, organic peroxides, flash point, flammable liquids and liquefied gases at temperature below 28 ships, and other mixed fleet towing barges.
    Restriction on operation of vessels carrying dangerous goods, the maritime administrative agency shall regulate traffic, if necessary, perform the appropriate traffic control.
    Article eighth of the carriage of dangerous goods by ships in navigation, berthing, and operations should be according to the provisions in showing signals.
    Ships and other vessels carrying dangerous goods meet, it should be noted that in accordance with the rules of navigation and collision avoidance, appropriate action can be taken as soon as possible.
    Nineth on vessel traffic services (VTS) Centre-controlled waters, ships shall, in accordance with the provisions to vessel traffic services (VTS) Centre, and accept the instructions of the Centre for maritime law enforcement personnel.
    Report into the vessel traffic services (VTS) waters in the central control of the carriage of dangerous goods by ship, the maritime administrative agency should be marked and tracked, found illegal navigation, berthing, and operation of, or that may affect the safety of other ships, the maritime administrative agency shall promptly issue a warning and, if necessary, take the appropriate coercive measures in accordance with law.
    Vessel traffic services (VTS) Centre shall provide reports to the carriage of dangerous goods by ships to provide corresponding water traffic safety information service.
    Article tenth attempt at waters of ships ' routing system, vessels carrying dangerous goods shall comply with the ships ' routing system requirements, and use the navigable under sail.
    Ship reporting system is adopted in the waters, vessels carrying dangerous goods shall, in accordance with the provisions of the maritime administrative agency, joined the ship position reporting system.
    11th article carrying dangerous goods of ship engaged in water Shang had connection job, should meet national water Shang traffic security and prevent ship pollution environment of management provides and technology specification, select slow, and shelter, and depth, and end of quality, conditions better of waters, as away from population intensive district, and ship navigation intensive district, and channel, and important of civilian target or facilities, and military waters, developed security and control pollution of measures and emergency plans and guarantee effective implementation. 12th carriage of dangerous goods by ships in the waters of the port of dangerous cargo transfer operations shall apply to the port administration authorities according to relevant regulations of the Ministry of.
    Port administration authorities at the time of approval, marine transfer operations of waters should be agreed with consent of the maritime administrative agency.
    Carriage of bulk liquid dangerous goods ships engaged in the carriage of dangerous goods outside the port of transfer operations, should be by the vessel or the owner, operator or Manager to seek approval from the maritime administration in accordance with law.
    Dangerous cargo on ships engaged in water transfer operations of water, navigational warning or notices issued by the maritime administrative agency to be published.
    13th section engaged in the carriage of dangerous goods by single voyage outside the waters of the port of transfer operations, 24 hours in advance applicants should apply to the maritime administrative agency, application for certain waters in port waters multi transfer operations of dangerous goods, the applicant should be informed of written applications from the 7th to the maritime administrative agency.
    Ship to submit the application, it should be affirmed that the vessel's name, nationality, tonnage, the shipowner or the operator or Manager, crew lists, names, number, quantity of dangerous goods, transfer time, place, and show that the corresponding material has been in accordance with the provisions of article 11th. A maritime administrative agency after receipt of the complete and qualified application materials, the shipping of a single job, shall make a decision of approval or disapproval within 24 hours; on multi operating in specific waters of ships shall approve or disapprove the decision in 7th. Maritime Administration audited, the application displays the ship, its equipment, crew, operations and safety and environmental protection measures, operating water conforms to the national water transport safety and prevention of pollution from ships of environmental regulations and technical specifications, shall be approved and promptly notify the applicant accordingly.
    Not approved, reasons shall be given.
    14th article of the carriage of dangerous goods by ships discharging ballast water, tank washing water and discharge other residues or residues with a mixture of water, emissions should be carried out in accordance with the relevant provisions of the State.
    Marine notice in the maritime administrative agency shall set and prohibition of discharge of waters, to discharge any banned items.
    15th of carriage of dangerous goods on board a vessel for water hazards, traffic accidents and illegal discharges, report to the maritime administrative agency shall, in accordance with the provisions and contingency plans in a timely manner and take emergency measures to prevent damage and harm to expand.
    The maritime administrative agency after receiving the report, should start the emergency rescue plan, support vessels involved, try to control and eliminate damage, harm and influence.
    16th chapter III ship management of ships engaged in the transport of dangerous goods owner or operator or manager shall be determined according to national water traffic safety and prevention of pollution from ships environmental management regulations, the establishment and implementation of the safe operation of ships and pollution prevention management system.
    17th article carrying dangerous goods of ship, its hull, and structure, and equipment, and performance and layout, aspects should meet national ship test of legal, and administrative regulations, and regulations and technology specification of provides, international sailing ship also should meet about international of provides, has corresponding of airworthiness, and suitable loaded conditions, by People's Republic of China Maritime Council recognized of ship test institutions test qualified, made corresponding of test certificate and instruments, and keep good state.
    Carriage of dangerous goods shipping containers, boats with rigid intermediate bulk containers and ships with a removable tanks shall be subject People's Republic of China Maritime Safety Administration after passing inspection the inspection agency approved, available for use on ships.
    Article 18th had shipped dangerous goods ships carrying empty containers that are not clean, and should be treated as a container containing dangerous goods, but except for the inadequacy of measures taken to eliminate the risk.
    Article 19th on vessels carrying dangerous goods should be developed to ensure the water life and property safety and ship pollution prevention measures, preparation of waterborne traffic accidents, leakage of dangerous goods emergency response plan for accidents and oil spill contingency plans, equipped with appropriate emergency ambulance, fire safety and protection of personnel and equipment, and ensure the implementation and effective application.
    20th vessels carrying dangerous goods shall be in accordance with applicable ship safety, pollution prevention of the compulsory insurance provisions, in the corresponding insurance, the insured instruments or financial guarantee, and prove.
    The international carriage of dangerous goods by ships, in accordance with the provisions of relevant international conventions, relevant insurance instruments or financial guarantee certificates, issued by the maritime administrative agency that has been handled in accordance with provisions of the International Convention on the insurance documents.
    Article 21st of vessels carrying dangerous goods shall comply with the relevant dangerous goods cargo, quarantine and transportation safety specifications, and only the carrying vessel inspection agency issued certificate of fitness as set out in the cargo.
    International navigation of the ship shall be in accordance with the provisions of the international maritime dangerous goods, domestic vessels should be in accordance with the regulations on the carriage of dangerous goods by waterway, hosts were correctly classified and stowage of dangerous goods, guarantee the security of dangerous goods on board the ship during loading. Do not conform to the international and domestic hazardous goods packaging and safe stowage provisions of ships should refuse to load, the carrier.

    22nd article ship for wash (clear) class, and drive gas or replacement, should select Security waters, away from navigation intensive district, and ship set line business district, and ban airlines district, and channel, and ferry, and passenger terminal, and dangerous goods Terminal, and military terminal, and lock, and large bridge, and water Xia channel and important of coast protection target, and in job zhiqian reported maritime management institutions approved, approved program and procedures by this provides 13th article on single voyage sea dangerous goods had connection job of provides implementation.
    Ships during the operations referred to in the first paragraph of this article, no maintenance and the use of radar, radio transmitters, the Inmarsat; not easy to produce spark fire, copy paper and other homework; may use supply vessels, bunkering and water operations. Fourth chapter management section 23rd shipping dangerous goods into and out of ports or port transit stop should be 24 hours in advance before the inlet and outlet ports, either directly or through agents to the maritime administrative agency for declaration process, upon approval by the maritime administrative agency, before entering and leaving port.
    International ships, should also be promulgated by the State Council of the international ships in and out of People's Republic of China port inspection procedures article sixth ahead of forecast report. Ships, routes, cargo ships can go through the Declaration formalities.
    Declare a period not to exceed one month.
    Shipping has not been in the dangerous goods description form (standard GB12268) or published by the International Maritime Organization, the international maritime dangerous goods code set out in the dangerous nature of the goods shall be in accordance with the management regulations of the carriage of dangerous goods into and out of the port Declaration.
    The maritime administrative agency after receiving the report, shall promptly port administration authorities of the above-mentioned communications port is located.
    Go through the Declaration formalities by electronic data processing (EDP) or electronic data interchange (EDI).
    Article 24th handled vessels carrying dangerous goods into and out of port formalities, declarations shall include at least: name of ship, is expected to exit the time as well as dangerous goods contained the correct name, number, category, quantity, characteristics, packing, loading locations, and provide ship safety and airworthiness, fitness, fitness, pollution prevention certificate or instrument.
    For containers containing dangerous goods, the ship provides container loading Inspector's signature is required to confirm the container packing certificate.
    For inflammable, explosive, corrosive, toxic, radioactive, infectious, pollution hazards, dangerous goods and shipping of dangerous goods should be declared with the corresponding safety data sheet, safety considerations, personnel protection, first aid and emergency spill response measures and other information.
    25th maritime authorities received vessels carrying dangerous goods into and out of ports after the Declaration shall be made within 24 hours of approval or the decision not to approve shipping into and out of port. Information clearly shows the ship in a safe navigable, State of fitness as well as dangerous goods contained are safe, the maritime administrative agency shall approve ship into and out of port. On has following case one of of, maritime management institutions should ban ship into, and out port: (a) ship not by provides handle declared procedures; (ii) declared displayed ship not holds effective of security airworthiness, and suitable loaded certificate and anti-pollution certificate, or goods not reached security suitable shipped requirements or single card not full; (three) by provides is needed national about competent sector or import and export national of competent organ agreed rear can carrying into, and export of goods, in not handle finished about procedures zhiqian; (four) ship by contains dangerous goods Department national legal
    And administrative regulations have banned the use of waterborne transport (v) Hong Kong does not have the appropriate safety and navigation, berthing, and operation conditions or an appropriate emergency response, pollution prevention, security measures, and (vi) transportation provisions of ships entering and leaving the port are not allowed in other circumstances.
    Article 26th ships to be carried by the other State approved by the competent authorities of dangerous goods or carriage subject to two or more dangerous goods approved by the competent authorities, shall obtain the appropriate approval before loading instrument and to the maritime administrative agency for the record.
    27th ships from foreign ships carrying hazardous waste imports, domestic consignees should advance to the maritime administrative agency to submit a written report are due to arrive in Hong Kong and handed out by the Government of the exporting country to allow the migration as well as relevant departments of the Chinese Government approved the import of written materials, carrier unit, name of vessel, the nationality of the ship and call sign and sail plan and estimated time of arrival, and so on.
    Ship exports of hazardous wastes, the shipper shall be submitted to the relevant departments of the Chinese Government approval to export and the country of final destination Government permitted imports of written material. 28th article nuclear power ship, and carrying radioactive dangerous goods of ship and 50,000 total tons above of tanker, and bulk chemicals ship, and bulk liquefied petroleum gas ship from outside drove to China territorial waters of, regardless of its whether affiliated China port, are should in drove into China territorial waters zhiqian, to China position report Center informed: ship name, and dangerous goods of name, and mount number, and is expected to drove into of time and almost bit, and affiliated China of first a port or statement transit.
    Linked Chinese ports, should also be in accordance with the provisions of the present article 23rd declared.
    Fifth chapter management article 29th of carriage of dangerous goods by ship crews, issued by the maritime administrative agency shall hold certificate of competency and training certificates, familiar with the safety and operating rules for shipping dangerous goods. 30th carriage of dangerous goods by ship's crew should be prior knowledge of the transport of dangerous goods by dangers and hazards and safety precautions and master security carrying knowledge.
    When an accident occurs, should follow the emergency plan, appropriate action can be taken.
    31st crude oil washing operations commanding officers shall participate in the crude oil washing in accordance with regulations of special training, with ship safety and pollution prevention knowledge and professional skills, assessed by examinations, a maritime administrative agency, after obtaining the certificate before they can post.
    32nd ship reporting formalities in accordance with the provisions of article personnel should be familiar with the reporting process and associated requirements for shipping dangerous goods.
    Sixth chapter legal liability article 33rd the maritime administrative agency shall exercise supervision over ships carrying dangerous goods checks for illegal ships, crew and implement appropriate administrative enforcement measures.
    Maritime Administration vessels found carrying dangerous goods safety or pollution hazard, shall be ordered to immediately remove or to eliminate hidden dangers within; the units and individuals concerned do not immediately remove or fails to remove the, can take a maritime administrative agency order the provisional suspension, stop working, prohibition to enter, to leave Hong Kong, ordered to sail to the designated waters, force uninstall, stranding ships and other coercive measures.
    On has following case one of of, maritime management institutions should ordered parties ship immediately corrected or deadline corrected: (a) by verified declared content and reality inconsistent of; (ii) unauthorized in non-specified berth or waters handling dangerous goods of; (three) ship or its equipment not meet security, and anti-pollution requirements of; (four) dangerous goods of product contains and isolation not meet provides of; (five) ship of security, and anti-pollution measures and emergency plans not meet provides of;
    (F) the crew does not comply with the suitable qualification of vessels carrying dangerous goods.
    The ships referred to in article 28th violates state water traffic safety and prevention of marine pollution laws, administrative regulations and the provisions of the United Nations Convention on the law of the sea, maritime administrative agency has the right to prohibit access to China's territorial waters, internal waters, ports, or ordered to leave or to sail to the designated location.
    Article 34th vessels carrying dangerous goods in violation of the provisions and water traffic safety, prevention of pollution from ships on the environment provides that shall make administrative punishment, the maritime administrative agency in accordance with the relevant laws and administrative regulations and Ministry-related maritime administrative punishment appropriate punishment.
    Suspected of constituting a crime, the maritime administrative agency shall transfer to national jurisdictions.
    Article 35th of the maritime administrative agency staff abuse, malpractice, negligence and serious negligence, law by his entity or his upper level organs penalties if the case is serious enough to constitute a crime, they shall be investigated for criminal responsibility by judicial organs.
    The seventh chapter by-laws mentioned in the 36th article of the provisions "dangerous goods" means the explosive, flammable, toxic, corrosive, radioactive, dangerous properties, in the shipping process, likely to cause personal injury, property damage or pollution of the environment and items that require special protection. 37th article of the provisions came into effect on January 1, 2004.
                                                          1981 Ministry of communications issued regulations on the supervision and management of the ship is carrying dangerous goods ([81] cross-Harbor Master No No. 2060) repealed simultaneously.

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