People's Republic of China implementation measures for the civil liability insurance for oil pollution damage from ships

    (August 19, 2010 the Ministry of transport [2010] the 3rd release come into force on October 1, 2010) 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, insurance 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) more than 20 gross tons, 21 ships of gross tonnage, 27500 special drawing rights;

    (B) 21 total more than 300 gross tonnage of the 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;

    (E) 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, which 50% calculations on how much quota as provided for in the sixth.

    Chapter III civil liability for oil pollution damage insurance agency

    Article eighth vessel should be identified and published by the national maritime administration insurance insurance insurance civil liability for oil pollution damage from ships, or secure a maritime administrative agency determined and published by the State insurance agency as well as domestic banks and other financial institutions issued guarantees, letters of credit and other financial guarantees.

    Article Nineth insurance civil liability for oil pollution damage from ships in the mutual insurance institution shall meet the following requirements:

    (A) registered in the country or in the country with representatives of institutions or agencies;

    (B) prior year net funds of more than $ 100 million or net Fund over $ 3 per ton;

    (C) the insurance provisions in line with China's laws and administrative regulations and rules as well as ratifying or acceding to relevant provisions of international treaties in China.

    Article tenth of civil liability for oil pollution damage from ships insurance commercial insurance institution shall meet the following requirements:

    (A) shall be subject to insurance supervision and Administration Department under the State Council approved the establishment, business insurance, business licenses, and have to register with the Administrative Department for industry and commerce, obtaining the business license;

    (B) net worth more than 700 million Yuan the previous year;

    (C) previous year's solvency than 100%;

    (D) insurance provisions in line with China's laws and administrative regulations and rules as well as ratifying or acceding to relevant provisions of international treaties in China.

    11th engaged in insurance of civil liability for oil pollution damage from ships in insurance institutions should be submitted by October 15 of each year to the national maritime administration the following materials:

    (A) registered proved, and license, and business insurance business license and other legal opened proved, proved material, outside mutual sex insurance institutions also should submitted in China territory established representative institutions or agent institutions of proved material; outside mutual sex insurance institutions by provides of license, and registered registration proved and other legal opened proved for copies of, should by its where national or area law established of notary institutions notary and by China standing the country makes, and consulates certification;

    (B) the previous year's balance sheet, profit and loss statement audited by a certified public accountant;

    (C) the previous year, on civil liability for oil pollution damage the solvency of insurance (only for commercial insurance agency);

    (D) previous year underwriting insurance of civil liability for oil pollution damage from ships of gross tonnage;

    (E) the underwritten list of ships in the previous year;

    (F) ships in the previous year underwriting claims;

    (VII) insurance contract sample civil liability for oil pollution damage from ships;

    (H) on civil liability for oil pollution damage, contact the head of the insurance business, as well as contact; foreign mutual insurance institution should also be submitted in the People's Republic of China territory representative body or head of Agency, contact and contact information;

    (I) the need to note other background material.

    12th national maritime administrative agency shall promptly verify the material submitted by the insurance institutions, in consultation with the views of the insurance regulatory authority under the State Council, to meet the insurance agency to be determined as provided herein, and to the public before November 30 of each year.

    The fourth chapter certificate of insurance civil liability for oil pollution damage from ships

    13th ships insured 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.

    14th vessel in 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.

    15th the maritime administrative agency shall verify 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.

    16th 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.

    17th vessels of foreign nationality navigating in waters under China's jurisdiction shall be in conformity with the following provisions:

    (A) the application of the International Convention on civil liability for oil pollution damage 1992, 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.

    18th 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 fifth chapter legal liability

    The 19th under any of the following circumstances, the maritime administrative agency shall order rectification, and more than 10,000 yuan to 50,000 yuan fine; it refuses, ordered to suspend or prohibit access or transit stay in Hong Kong, and a fine of 50,000 yuan more than 250,000 yuan the following:

    (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.

    20th engaged in insurance of civil liability for oil pollution damage insurance agency any of the following circumstances, since the discovery of the year within the next three years from the maritime administrative agency shall not be determined and announced:

    (A) in the entry into force of the Court judgment or arbitration award mediation or arbitration refused to perform after the expiration of the period of performance under, insured shipping has not been paid;

    (B) submitting false information to the maritime administrative agency.

    21st marine 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 sixth chapter supplementary articles

    22nd article this approach is known as the "upper" include the number, called "the following" not including the number itself.

    The 23rd article of 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.

    24th article this way come into effect on 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.