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Port Of Dangerous Goods Management Regulations

Original Language Title: 港口危险货物管理规定

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(Released August 29, 2003 Department of transportation 2003 9th) first for enhancing port management of dangerous goods, protect people's lives and property safety, in accordance with the People's Republic of China Law on ports (hereinafter referred to as the law on ports), the People's Republic of China Law on production safety (hereinafter referred to as the Safety Act), regulations on the safety management of dangerous chemicals and other relevant laws, administrative regulations and these provisions are formulated.
    Article on port handling, transfer, storage, and packaging of dangerous goods or dangerous goods containers packed unboxing operations (hereinafter "dangerous cargo port operations") these provisions shall apply.
    For hazardous cargo port operations port facilities construction and operations shall conform to the relevant requirements of these provisions.
    Third article this provides by said "dangerous goods", is refers to included national standards GBl2268 dangerous goods name table and International Maritime Organization developed of international shipping dangerous goods transport rules, has explosion, and flammable, and poison, and corrosion, and radioactive, characteristics, in waterway transport, and port handling and store, process in the, easy caused personal casualties and property damage and need special protection of goods.
    Fourth Ministry is responsible for the national ports administration of dangerous goods.
    Provincial and municipal people's Governments divided into districts (port) authority according to the terms determined by the local people's Government responsible for the administration of dangerous goods within the port administration.
    Port the port administration authority is in charge of the local Government set the port management of dangerous goods.
    Fifth is prohibited in port handling, storage countries have banned the use of waterway transport of dangerous goods.
    Sixth new construction, renovation or expansion of dangerous cargo terminal, reservoir, tank, anchorage and other port facilities shall comply with the overall planning of ports and national construction codes and standards, upon approval by the local port administration authorities, in accordance with the relevant basic construction procedures and approval procedures.
    Port administration authority in approving new construction, renovation or expansion when dangerous goods piers, anchorages, shall first seek consent of the maritime administration. Article seventh port operations of dangerous goods terminals, libraries, fields, storage tanks, anchorage and other port facilities before the work, should be in accordance with the relevant provisions of the State organizations acceptance.
    After acceptance, to be delivered. Eighth a port operator is engaged in port operations of dangerous goods, shall satisfy the conditions laid down in this article Nineth, and port operations apply to the local administrative Department of dangerous goods qualification.
    Made dangerous goods qualification of port operations, port operations shall not engage in dangerous goods.
    Nineth article engaged in dangerous goods port job of port business people, should has following conditions: (a) meet port method provides of port business license conditions; (ii) has meet national standards of emergency equipment, and facilities; (three) has sound of security management system and operation; (four) at least has a name Enterprise main head should has and this units by engaged in of dangerous goods port job related of safety knowledge and management skills; (five) equipped with enough of has induction qualification certificate of management, and job personnel;
    (F) the emergency plan and (g) access to fire protection, approved by the Environmental Protection Department.
    The main contents of emergency response plan for accidents in the preceding paragraph shall include: hazardous cargo terminal, reservoir, tank, overview, key parts of anchorage, port facilities, emergency response team composition and responsibilities, emergency response, emergency rescue flowcharts, tables, the command sequence communication, emergency contact form. Tenth administrative sector ports shall from the date of receiving the application for qualification of port operations of dangerous goods within the 30th in accordance with article Nineth examined, decisions been identified or not identified.
    Be found, shall, in accordance with the port operators of dangerous goods job recognized ability to determine the scope of the job, and issued the corresponding license for dangerous cargo port operations authorized; is not found, it shall notify the applicant in writing and state the reasons.
    11th dangerous freight port operations authorized by the port administration authorities according to the Transportation Department under the State Council's unified format, issuance and management.
    12th enterprises engaged in port operations of dangerous goods should be in port operations on the accreditation of dangerous goods approved by the port operations of dangerous goods dangerous goods within the operations of the port.
    13th enterprises engaged in port operations of dangerous goods, should be engaged in port operations staff for the safe operation of dangerous goods training. Personnel engaged in the management, operation of the port operations of dangerous goods must receive relevant laws, regulations, rules and safety knowledge, expertise, and knowledge of occupational health protection and emergency rescue training and examination by the Ministry or its authorized body.
    Qualified appraisal, after obtaining the qualification certificates before they can post.
    Article 14th port operating personnel training of dangerous goods bodies shall meet the appropriate conditions of teaching, teachers, in accordance with the provisions of the Ministry of examination training course outline, syllabus and training to ensure students meet eligibility requirements under these provisions. 15th port for shipping dangerous goods, should be the name of the dangerous goods, physical and chemical properties, packaging and movement of time matters, departing 24 hours ago is expected to report to the maritime administrative agency. But shipping, airlines, cargo ships to the maritime administrative agency in accordance with the relevant provisions of declarations on a regular basis.
    The maritime administrative agency shall, without delay after receiving the above report communication port is located above the port administration authority. 16th operation the principal shall provide the port operations to provide the correct dangerous goods dangerous goods name, country or the United Nations number, application packaging, hazards, emergency measures, such as information, and to ensure that information provided is correct and complete.
    Job Trustees shall not delegate the job in the General cargo carrying dangerous goods, the Punic reported dangerous goods shall not be, or false for general cargo. Article 17th enterprise engaged in port operations of dangerous goods, dangerous goods port handling, transfer, storage, packaging and container devanning operation started 24 hours ago, jobs should be the principal, as well as the nature and quantity of dangerous goods, physical and chemical properties, work place and time, safety measures and other matters report to the local administrative Department of ports. Administrative Department shall, within 24 hours after receipt of the report to make decision on whether to agree to job, informed the speaker, and related information to the maritime administrative agency in a timely manner.
    Without consent of the port administration, port operations of dangerous goods should not be conducted.
    18th enterprise engaged in port operations of dangerous goods, dangerous goods shall, in accordance with the safety management system and operation organization of port operations.
    Article 19th engaged in port operations of dangerous goods shall be in accordance with the enterprise's safety management system and operating rules for dangerous goods operation.
    20th enterprise engaged in port operations of dangerous goods, shall check the packaging of dangerous goods found that package does not meet the relevant provisions of the State, shall not be operating, and client shall timely notify the job processing. Port administration authorities shall, in accordance with relevant regulations of the State to check the packaging of dangerous goods.
    Does not meet the provisions of the client may order job processing. Article 21st explosives, compressed gas and liquefied gas, flammable liquids, flammable solids, Spontaneously Combustible and flammable when wet, port operations, the Enterprise shall delimit operational areas, with clearly defined responsibilities and a closed type management. Work area should be set clearly marked prohibiting independent access and independent ships.
    During operation is strictly prohibited Fireworks, to eliminate all ignition sources.
    22nd cases, enterprises engaged in port operations of dangerous goods should be processed in a timely manner and report on local port administration authorities: (a) to detect undeclared incorrect or untrue declaration, Declaration of dangerous goods, (ii) General cargo container found in nature or incompatible dangerous goods.
    23rd enterprise engaged in port operations of dangerous goods should be carried out in accordance with the emergency plan exercise regularly, do exercise records and emergency plan according to the actual situation to be revised. 24th when dangerous goods port operations when the accident occurred, enterprises engaged in port operations of dangerous goods emergency plan should be started quickly, taking emergency actions, excluding hazard, controlling further spread.
    And in accordance with the relevant provisions of the State report to the Administrative Department and the relevant departments immediately.
    25th port emergency plan should be developed by the Administration, when dangerous goods port operations when the accident occurred, shall organize a rescue.
    Occur exceptionally serious accidents, the port administration and the authorities concerned, enterprises should obey the command of the local people, actively cooperate with the rescue and report to the relevant authorities in accordance with regulations.
    Article 26th the port administration shall regularly engaged in port operations enterprise's qualification testing for dangerous goods, and found that it no longer meets the conditions and deadline should be reorganized, or according to the work safety Act section 54th undo his qualification. 27th article port administration sector and management personnel on engaged in dangerous goods port job of enterprise for supervision check, can exercise following terms: (a) into and check port dangerous goods job places, check out, and reproduces, and copy related of file or information, proposed rectification views; (ii) found dangerous goods port job and emergency equipment, and facilities not meet legal, and regulations, and regulations provides and standard requirements of, ordered immediately stop using; (three) found security hidden,
    Excluded shall be ordered to immediately remove or deadline; (d) found that violations should be corrected on the spot or be ordered to rectify. 28th article violates these provisions, without port operations of dangerous goods qualification, arbitrarily engaged in port operations are dangerous chemicals, the local administrative department in accordance with the regulations on the safety management of dangerous chemicals 65th of the provisions of article; in the port business activities without authorization of other dangerous goods operations, fined 30,000 Yuan by the local administrative authorities. Has not obtained the permit for port operation, in accordance with the 48th of the port Act punished.

    29th article violation this provides, has violation dangerous chemicals Security Management Ordinance following behavior one of, by port administration sector according to dangerous chemicals Security Management Ordinance 66th article of provides punishment; in business activities in the has following behavior but not belongs to violation dangerous chemicals Security Management Ordinance provides behavior of, by port administration sector sentenced 30,000 yuan following of fine and ordered corrected: (a) engaged in port dangerous goods job of personnel without assessment qualified made induction qualification card of;
    (Ii) in port handling, and store national ban through water transport of dangerous goods of; (three) job client not to port dangerous goods job people provides dangerous goods name, and national or United Nations number, and applies packaging, and against, and emergency measures, information or above information declared not real; (four) job client delegate job of General goods or container in the has nature phase conflict of dangerous goods; (five) not by provides on dangerous goods of packaging for check of.
    30th article violates these provisions, explosives, compressed gases and liquefied gases, flammable liquids, flammable solids, Spontaneously Combustible and flammable when wet, port operations, enterprises are not designated homework area, with clearly defined responsibilities and implement closed management, 85th by Administrative Department in accordance with the Safety Act subsection (a) shall be punished.
    31st in violation of this provision, is not in accordance with the relevant regulations, standards and norms are equipped with emergency equipment, the necessary safety facilities, equipment, the port Administration Department in accordance with the Safety Act section 83rd (e) shall be punished.
    32nd breach of these provisions, any of the following acts, the port Administration Department in accordance with the Safety Act article 85th penalty: (a) the safety management system and operating rules of; (b) not by accident emergency drills on a regular basis.
    33rd article violates these provisions, enterprises are not dangerous goods safety of port operations on the job training, by the port administration authorities according to the work safety Act section 82nd (c), shall be punished.
    Article 34th port operator the 29th, 30th, 31st, 32nd, 33rd, an illegal act, if the circumstances are serious, Administrative Department in accordance with the 51st article of port law revoked the permit for port operation.
    35th in violation of the provisions of article sixth, unauthorized construction, reconstruction and expansion of dangerous cargo terminal, reservoir, tank, anchorage, port facilities, the port Administration Department in accordance with the law on ports article 46th penalty.
    36th article violates these provisions, engaged in port operations enterprise of dangerous goods is not required before the job report to the port administration authorities and with their consent, by the port Administration Department in accordance with the port 53rd provisions of the Act.
    37th article violates these provisions, engaged in port operations of dangerous goods not in accordance with the safety management system and operating rules for operations by the port operations given criticism, be disposed of in accordance with the relevant rules and regulations; caused a major accident, constitutes a crime, the relevant authorities shall be investigated for criminal liability.
    38th article violates these provisions, port operations not to report dangerous goods accidents, according to 91st and 92nd of the Safety Act regulations. 39th engaged in port operations do not have the dangerous goods regulations article Nineth conditions, port administration authorities shall order rectification, rectification is not qualified, cancels its port operations of dangerous goods qualification.
    Constitute a crime, the relevant authorities shall be investigated for criminal liability. 40th Transportation (ports) authorities and staff in the implementation of the provisions of the Administrative Department, abuse of power, negligence, malpractice, shall be given administrative sanctions.
    Constitute a crime, the relevant authorities shall be investigated for criminal liability. 41st these provisions come into force on January 1, 2004.
                                                                                                                    Released in 1984, traffic, the port management of dangerous goods regulations ((84) no 1181th sea) abolished at the same time, the provisions issued by the Ministry before publishing other relevant provisions inconsistent with this provision, is subject to this provision.