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People's Republic Of China Marine Pollution Accident Investigates The Processing Rules

Original Language Title: 中华人民共和国海上船舶污染事故调查处理规定

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People's Republic of China marine pollution accident investigates the processing rules

    (November 14, 2011 Ministry of transport [2011] the 10th release come into force February 1, 2012) Chapter I General provisions

    Working first in order to regulate marine pollution investigation and handling of accidents, according to the People's Republic of China Law of marine environmental protection and the People's Republic of China controlling marine environment pollution from ships and other provisions of the regulations, this provision is enacted.

    Provisions of this article apply to cause People's Republic of China sea areas under the jurisdiction of pollution survey of pollution accident by ship.

Third State departments of transportation accident investigations dealing with pollution from ships.

National maritime safety authority is responsible for directing, managing and implementing investigation and handling of pollution accident by ship.

    Maritime administrative agencies according to their respective responsibilities at various levels is responsible for carrying out accident investigations dealing with pollution from ships work.

    Fourth ship pollution investigation and handling of accidents shall follow timely, objective, fair and impartial principles, identify the cause of the accident, finds that responsibility for the accident.

    Chapter reports Article fifth found the ship and the water traffic accidents, activity has caused, or is likely to cause pollution of the marine units and individuals shall immediately report the situation to the nearest maritime administrative agency.

    The maritime administrative agency after receiving the report, shall, in accordance with the emergency plan called for a report and briefing.

Sixth ship pollution accidents occurred, the operating units concerned shall take emergency measures at the same time, proper save information related to accidents, report immediately to the nearest maritime administrative agency the following:

(A) the name, nationality of the ship, call sign, identification number or numbers;

(B) the owner, operator or Manager, liability for pollution damage people's names, addresses and contact information;

(C) relevant hydrological and meteorological conditions;

(D) pollutant categories, basic characteristics, quantity, loading position;

(E) the judge of the cause of the accident or the cause of the accident;

(Vi) accidental pollution;

(VII) have taken or intend to take pollution control and cleanup measures, as well as the assistance required;

(H) the ship pollution response agreement is signed, should also report marine pollution response unit's name and contact information;

(I) ships, relevant companies that need to report on any other matter.

    Ships, about a job after the units report to the maritime administrative agency confirmed finding content does not match with the facts of the report should be corrected immediately on the report. Article seventh ship pollution accidents occurred, related companies shall, within 24 hours after the accident near the maritime administrative agency submitted the report on marine pollution accidents.

Due to exceptional circumstances cannot be submitted within the specified time of the marine pollution incident reporting, approval of the maritime administrative agency may be appropriate after the delay, but shall not exceed 48 hours.

The report on marine pollution accidents shall at least include the following:

(A) ships and ship owners, managers, or managers of the situation;

(B) survey of pollution accident;

(C) emergency situations;

(D) liability for pollution damage;

    (E) other matters related to the accident.

    Ships in eighth in the People's Republic of China ship pollution accident in waters outside the jurisdiction, the owner or operator shall report immediately to the port of the local maritime authorities, and within 48 hours of submitting the report of pollution accident by ship ships should be submitted 24 hours before reaching the first port in the country to report to the maritime administrative agency directly under the port and under investigation.

    The Nineth of pollution accident by ship reports after the new situation and progress in the disposal of pollution accidents, ships, shall give timely reports.

    Chapter III accident investigation

Accident investigations dealing with pollution from ships in accordance with the following provisions of the tenth article organization.

(A) the special major marine pollution accidents by the State Council or authorized the Transportation Department and other departments of the State Council organized investigation and handling of accidents;

(B) the major marine pollution accidents investigation and handling of accidents organized by the national maritime administrations;

(C) the larger of pollution accident by ship by maritime administration Office for investigation and handling of the accident.

(D) generally ship pollution accidents by the maritime administrative agency responsible for the investigation and handling of accidents where the accident occurred. Marine pollution accident occurred is unknown, discovered by accident to the maritime administrative agency responsible for the investigation and treatment.

Accident or incident found across jurisdictions or disputed the jurisdiction of maritime administrative agency, determined by the maritime administrative agency superior joint investigation agency.

People's Republic of China ship pollution accident in waters outside the jurisdiction, resulting in People's Republic of China sea areas under the jurisdiction of pollution, investigation and settlement institutions designated by the national maritime administrations.

Ships in the People's Republic of China waters outside the jurisdiction a significant and above ship pollution accidents causing or likely to cause serious effects, national maritime authorities to send personnel to carry out accident investigations.

    Marine pollution accident causing damage to fisheries, should involve the fisheries authorities in investigation and handling; damages are caused to the military port, should absorb the relevant military authorities involved in the investigation process.

    11th marine pollution from ships due to accidents at sea, the maritime administrative agency survey of pollution accident by ship and vessel traffic accident investigation simultaneously.

12th after maritime authorities received a marine pollution incident reporting, verification of evidence should be carried out promptly, carried out field investigations.

    After verification is not part of pollution accident by ship to inform the relevant Department.

13th Marine pollution accident investigations should be carried out by pollution accident investigators at least two ships.

    Investigation of pollution accident by ship personnel training of the maritime administrative agency shall be subject to the national organization, have the appropriate investigation and treatment capacity of pollution accident by ship.

14th when the following conditions occur, ship pollution accidents investigation agency can organize international and domestic marine pollution accident investigation:

(A) pollution accident accident ship escapes;

(B) ships had to sail from Hong Kong on suspicion of pollution accidents;

(C) area but unable to confirm the source of pollution accidents, analysis of possible ships for the past;

(D) investigation of other organizations.

    International marine pollution accidents investigation, coordinated by the national maritime administration organization.

    15th marine pollution accident investigation body to investigate marine pollution accidents, should be examining the accident scene, the survey ship, and asked relevant personnel, collect evidence, identify the cause of the accident.

16th the following materials can be used as evidence of pollution accident by ship survey:

(A) documentary evidence, material evidence and audio-visual material;

(B) the testimony of witnesses;

(C) the statement of the parties;

(D) expert conclusions;

(E) the transcripts, investigative records, field notes;

    (Vi) other evidence of fact.

Article 17th of pollution accident by ship parties and other interested persons shall cooperate with the investigation objectively reflect the situation and provide information, or forge, conceal, destroy evidence or otherwise impede the investigation.

    Of pollution accident by ship parties and other interested persons to provide documentary evidence, material evidence and audio-visual material should be the original original, provide a copy, copy, photo, NO originals should be signed; refused to confirm the accident investigation personnel shall indicate the situation.

18th marine pollution investigation and handling of accidents under investigation and treatment needs of the work may exercise the following powers:

(A) the order of pollution accident by ship parties for technical identification or inspection and test reports;

(B) withhold the corresponding certificate, instrument and materials;

    (C) ban on ships leaving port or ordered to suspend or change, drove to the designated place, stop jobs, temporary arrest of ships.

    Chapter fourth confirmation of accreditation bodies

    Article 19th of pollution accident by ship identification or detection, inspection and authentication institutions, shall be subject to the Transportation Department found.

20th marine pollution accident investigation bodies, for compensation for oil pollution damage and liability insurance and damage to marine pollution accidents in ship pollution need to be inspected by the relevant authority in the process of investigation and handling of accidents for technical expert evaluation or inspection, testing, shall be commissioned by the Transportation Department found that organizations.

    Without the Transportation Department recognized identification issued by an institution should not be used as evidence of investigation and treatment of pollution accident by ship.

21st engaged in ship pollution accident technical appraisal, inspection, the agency finds that the application of the test, shall comply with the following requirements:

(A) has an independent legal personality;

(B) to carry out ship pollution source identification, ship pollution accident analysis, leakage of pollutants from ships technology analysis and identification of one or more of the oil pollution damage;

(C) carry out any work at least 3 senior technical titles and corresponding technology for more than 3 years working experience in the field of professional and technical personnel;

(D) nearly 5 years to participate in at least 3 of pollution accident by ship identification, testing, testing;

(E) has been approved by the national laboratory and the national laboratory accreditation, and the ship was equipped with pollution accident technical appraisal, inspection, testing equipment, technical information necessary for laboratory;

(Vi) technical verification, inspection and test reports issued by the independent;

    (G) the quality management system is established.

22nd applying for accreditation bodies found, shall submit to the national maritime authority show that it meets the requirements of the article 21st material. National maritime administrative agency shall promptly conduct a review of whether the applicant meets the requirements, provide review comments submitted to the State Council's Transport Department.

    Transportation departments under the State Council decided to inform the applicant to be identified.

23rd accreditation body should be before January 31 of each year the following information to the national maritime administration record;

(A) last year to carry out marine pollution accident technical appraisal, inspection, and testing work.

(B) marine pollution accident technical appraisal, inspection, inspection capability changes;

(C) technical appraisal, inspection, inspection findings in marine pollution accidents, proceedings and admissible in arbitration cases. National maritime administrative agency shall upon receipt of the annual filing of identified bodies, accreditation bodies meet the requirements for verification.

Does not meet the identification requirements shall be ordered to correct within; it fails, national maritime authorities revoked found after the approval of the Transport Department under the State Council.

    State Transportation Department by March 31 of each year, to the public list of recognized accreditation body.

24th accreditation bodies shall have one of the following conditions, ship pollution accident investigates the processing agency shall not be accepted its conclusions, and ordered to correct within; it fails, national maritime administrations should be revoked after the approval of the Transport Department under the State Council found:

(A) is not in accordance with the relevant laws, regulations and technical specifications technical identification, testing and inspection;

(B) marine pollution accident technical appraisal, inspection, inspection reports to major errors, obviously does not match with the facts;

    (C) false report issued by the accreditation body.

    Fifth chapter

    25th Marine pollution accident investigates the processing agency shall, in accordance with marine pollution accident scene investigation, inspection, investigation and related technical verification, inspection and test report to complete the investigation of pollution accident by ship.

26th marine pollution accident investigates the processing agency shall, within 20 working days from the closing date of the survey made of the certificate of pollution accident by ship, and served on the party.

The certificate of pollution accident by ship should set forth the basic situation, the cause of the accident and liability.

    A maritime administrative agency upon receipt of pollution accident by ship reports, or within 6 months from the date of discovery of pollution accident by ship impossible to identify sources or unable to find the pollution caused by ships, and approved by the head of investigation and handling of pollution accident by ship agency can terminate the investigation and the marine pollution causes indicated in the confirmation of the investigation of the accident.

    27th of pollution accident by ship parties identify the accident refuses, you can receive the certificate of pollution accident by ship date in the 15th, ship pollution accident investigation agencies or by a superior body for a re-evaluation.

28th cause pollution of the marine environment should be paid before departure of a ship taken by the maritime administrative agency to mitigate pollution damage cleanup, salvage, towage, pilotage barge emergency measures, such as the costs associated with or provide appropriate financial assurance.

    Financial security should be cash guarantees, Bank or credit guarantees provided by domestic insurance institutions. 29th over major survey of pollution accident by ship reports to departments of transportation under the State Council for the record.

    Significant over handling of oil spill accident investigation, transportation departments under the State Council national marine oil spill emergency response should be to inform the Inter-Ministerial Joint Conference.

30th marine investigation and treatment of pollution accident by ship information should be timely and accurate. Marine pollution accident investigation and handling of information by the agency responsible for organizing the investigation and handling of work after the audit in accordance with the relevant provisions of press releases published.

    Units or individuals involved in the investigation and handling of accidents are not allowed to release the information.

31st marine pollution accident compensation for pollution damage caused by the dispute, the parties concerned may apply for mediation to the maritime administrative agency, the maritime administrative agency can also take the initiative to mediate.

Party refuses mediation, the maritime administrative agency shall not mediate.

    After the consent of all the parties agree, mediation can invite other interested persons to participate. 32nd mediators should be in accordance with the provisions of relevant laws and regulations, compensation for oil pollution damage dispute mediation.

Conciliation, signed by the parties of the civil dispute mediation agreement of pollution accident by ship.

    Civil disputes of pollution accident by ship parties armed with a copy of the mediation agreement, investigation agencies retained a copy.

33rd in the mediation process, the parties initiate litigation to the people's Court or arbitration, it shall promptly inform the maritime administration, mediation is automatically terminated.

The party withdrew from the mediation, to the maritime administrative agency shall submit a written application to withdraw, the maritime administrative agency shall terminate the mediation, and promptly notify the other party.

    The maritime administrative agency mediation, or conciliation agreement is reached within 3 months, shall terminate the mediation.

    The sixth chapter legal liability

    Article 34th ships, relevant companies in violation of the provisions of the maritime administrative agency 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.

35th article violates this provision of pollution accident by ship of one of the parties and other persons in any of the following acts, more than 10,000 Yuan by the maritime administrative agency fined not more than 50,000 Yuan:

(A) not to organize the investigation and handling of accidents or reflect the situation of a maritime administrative agency;

    (B) falsifying, concealing, destroying or otherwise impede the investigation. The 36th occurrence of pollution accident by ship, ship, operation units late, fail to report accidents, ships, relevant companies, by the maritime administrative agency fined not more than RMB 50,000 yuan and more than 250,000; directly responsible in charge and other direct liable persons, by the maritime administrative agency the fines of between 50,000 yuan and 10,000 yuan.

Managers directly responsible and other persons belonging to the crew, and a withholding certificate of competency or other documents from 3 months to 6 months of punishment.

Mentioned in this article late, fail to include the following:

(A) the ship pollution after the accident occurred, were not immediately reported to the nearest maritime administrative agency, except those unable to report due to force majeure;

(B) of pollution accident by ship report is inconsistent with the facts, not on report content can be corrected in a timely manner;

(C) it is not submitted within the specified time limits, to the maritime administrative agency of the marine pollution incident reporting;

    (D) submit (marine pollution incident report) is not complete. The 37th case of pollution accident by ship, ships, relevant companies false claim and skimming of accident, the vessel, the operating units concerned, by the maritime administrative agency fined not more than 250,000 yuan and 500,000 yuan; directly responsible in charge and other direct liable persons, by the maritime administrative agency fines of between 50,000 yuan and 100,000 yuan.

Managers directly responsible and other persons belonging to the crew and to revoke a certificate of competency or other relevant documents of the punishment.

False claim and skimming mentioned in this article include the following situations:

(A) after the occurrence of pollution accident by ship, did not report to the maritime administrative agency;

(B) the discovery of pollution accident by ship report is inconsistent with the facts, intentionally not corrected the content reports;

(C) after the occurrence of pollution accident by ship, fabricating false information or forged or altered evidence, not truthfully report to the maritime administrative agency;

    (D) submitted the report on marine pollution accidents to deception. Article 38th after the investigation is over, the maritime administrative agency responsibility for the cause of pollution accident by ship ships, relevant companies in accordance with the direct loss of pollution accidents 30% fine, but shall not exceed a maximum of 300,000 yuan.

Persons who are directly in charge of personnel and other persons belonging to the agents of the State, shall be subject to administrative sanctions. Direct economic loss refers to and directness and on ship pollution caused by property damage, reduce the actual value.

Included:

(A) take preventive measures to prevent or minimize pollution damage from ships incurred costs, and further loss or damage caused by preventive measures;

(B) marine pollution accidents caused property damages outside of the ship;

    (C) the contaminated environment is taken or to be taken to costs of reasonable measures of reinstatement.

    39th ship pollution accidents resulting in coral reefs, mangroves and other marine ecosystem and the destruction of marine living resources, marine protected areas, the maritime administrative agency shall instruct the responsible ship operations within a time limit, and take remedial measures, and to a fine of up to 10,000 yuan and 100,000 Yuan; has illegally obtained, confiscation of illicit proceeds.

    The seventh chapter by-laws

    40th transportation departments under the State Council within the waters of Hong Kong under the jurisdiction of the military ship and fishing vessel outside the waters of the area, the military investigation and handling of pollution accident by ship, otherwise provided by the laws and administrative regulations of the State, from its provisions.

    41st marine pollution incident report and the certificate of pollution accident by ship, the marine pollution accidents civil dispute mediation agreement and the civil dispute mediation of pollution accident by ship notice of termination the format prescribed by the national maritime administrations. 42nd article of the regulations come into force on February 1, 2012.