Department Of Transportation On The Modification Of The People's Republic Of China Ship Pollution Regulations On The Marine Environmental Emergency Preparedness And Response Management Decisions

Original Language Title: 交通运输部关于修改《中华人民共和国船舶污染海洋环境应急防备和应急处置管理规定》的决定

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  Department of transportation decided to the People's Republic of China marine pollution emergency preparedness and emergency management (Ministry of transport of the 2014 11th) as follows: first, the 13th article is changed to: "marine pollution response unit refers to have appropriate pollution response capacities, for shipping pollution accident emergency preparedness and emergency services units." II, and will 14th article modified for: "engaged in ship pollution clear of units should has following conditions, and accept maritime management institutions of supervision check: (a) emergency clear dirt capacity meet ship pollution clear units emergency clear dirt capacity requirements (see annex) of provides; (ii) developed of pollution clear job programme meet control ship and about job activities pollution marine environment of requirements; (three) pollutants processing programme meet national about control pollution provides.

"Delete article III, 15th to 20th. Four, a new one, as the 15th.

Content for: "ship pollution clear units should will following situation to social announced, and submitted service regional location of maritime management institutions: (a) this units of pollution clear capacity meet ship pollution clear units emergency clear dirt capacity requirements corresponding capacity grade and service regional of report; (ii) pollution clear job programme; (three) pollutants processing programme; (four) ship pollution clear facilities, and equipment, and equipment and emergency personnel situation;

(E) marine pollution response agreement and implementation as well as in marine pollution accident emergency work. Pollution response capability of ship pollution response and changes in service areas should be promptly of any changes to the public and submitted to the maritime administrative agency, where the job.

"Five, and will 39th article modified for:" violation this provides, has following case one of of, by maritime management institutions at 10,000 yuan above 50,000 yuan following of fine: (a) carrying bulk liquid pollution harm goods of ship and 10,000 total tons above of other ship, its business people not according to provides signed pollution clear job agreement of; (ii) ship pollution clear units beyond capacity grade or service regional signed pollution clear job agreement and engaged in pollution clear job of; (C) marine pollution response unit is not required to perform emergency duty obligations.

"The provision number is adjusted accordingly.

This decision May 12, 2015.

People's Republic of China marine pollution emergency preparedness and emergency regulations be amended accordingly pursuant to this decision, publish it again. People's Republic of China marine environmental emergency preparedness and response to marine pollution disposal regulations (January 27, 2011 Department of transportation released December 24, 2013, the Ministry of transport and the modification of People's Republic of China marine pollution emergency preparedness and emergency management provisions of the first amendment, September 5, 2014, the Ministry of transport and the modification of People's Republic of China marine environmental emergency preparedness and response to marine pollution disposal regulations Of decided second times amendment, according to May 12, 2015 traffic Transport Department on modified straddling People's Republic of China ship pollution marine environment emergency preparedness and emergency disposal management provides of decided third times Amendment) first chapter General first article for improve ship pollution accident emergency disposal capacity, control, and reduce, and elimination ship pollution accident caused of marine pollution damage, according to People's Republic of China control ship pollution marine environment management Ordinance, about legal, and

Administrative regulations and People's Republic of China concluded or acceded to relevant international treaties, these provisions are formulated.

Article People's Republic of China within the jurisdictional area, combat marine pollution from shipping and related activities environmental emergency preparedness and response, these provisions shall apply.

Ships in the People's Republic of China pollution accident in waters outside the jurisdiction, and causes or is likely to cause People's Republic of China sea areas under the jurisdiction of pollution, its emergency preparedness and response, and these provisions shall apply.

Referred to in this provision, "emergency" means the marine pollution incident occurs or may occur, to control, reduce, eliminate marine pollution damage from ships to take response action; "emergency preparedness" refers to the effective emergency and prepare in advance.

Article III Ministry of transport responsible for combating marine pollution from shipping and related activities nationwide environmental emergency preparedness and response work.

National maritime authority responsible for implementation of the marine pollution by ships and related activities environmental emergency preparedness and response work.

Coastal marine management institutions at all levels, in accordance with their respective responsibilities for implementation activities polluting marine environment control of the ship and the job of emergency preparedness and response work.

Fourth marine pollution from shipping and related activities environmental emergency preparedness and response should follow a unified leadership, comprehensive classification is responsible for coordination, and dependency management, the principle of shared responsibility.

Chapter II emergency capacity-building and emergency disposal plan fifth national marine pollution from shipping and related activities of environmental emergency response plan shall be determined according to national control of the ship and the activity needs of marine environment pollution, formulated by the Transport Department under the State Council, after the approval of the State Council promulgated for implementation.

Coastal combat ships and its relevant activities at the provincial level pollution of the marine environmental emergency response plan shall be determined according to national marine pollution from shipping and related activities environmental emergency capacity-building plan and local conditions, formulated by the coastal provinces, autonomous regions and municipalities and promulgation and implementation.

Coastal combat marine pollution from shipping and related activities at the city level environmental emergency response plan should be based on the provincial people's Government control of marine pollution from shipping and related activities environmental emergency capacity-building plan and local conditions, formulated by the municipal people's Government of the coastal districts and promulgation and implementation.

Preparation of combating marine pollution from shipping and related activities of environmental emergency response plan should be on the pollution risk assessment and preparedness needs, rational planning construction of emergency power distribution.

Coastal marine management institutions at all levels should actively assist and cooperate with relevant local people's Government completed the preparation of contingency plans for capacity-building.

Sixth Department of transportation, local people's Governments above city level of coastal districts according to control marine pollution from shipping and related activities of environmental emergency response plan, establish and perfect ship pollution accident emergency preparedness and emergency response mechanisms, establish emergency response team, special facilities, equipment and devices for construction of marine pollution emergency reserves.

Seventh coastal marine management institutions at all levels should be under control of the ship and the activity needs of pollution of the marine environment, in conjunction with the Marine Department to establish and improve marine pollution from shipping and related activities of environmental monitoring, monitoring mechanisms, strengthen shipping related activities and monitoring, monitoring of pollution of the marine environment.

Port, dock, loading and unloading station and engaged in ship repair unit shall be equipped with loading and unloading of cargo types and throughput ability to adapt or build ships pollution monitoring facilities and pollutants to a reception facility, and keep them in good condition.

Eighth article port, and Terminal, and handling station and engaged in ship built, and salvage, and split solutions, job activities of units should according to traffic Transport Department of requirements developed about security operating and control pollution of management system, according to national about control ship and about job activities pollution marine environment of specification and standard, equipped with must of control pollution equipment and equipment, ensure control pollution equipment and equipment meet control ship and about job activities pollution marine environment of requirements.

Nineth ports, terminals, freight station and engaged in ship repair, salvage, dismantling operations unit shall prepare reports on the activities and to evaluate the pollution prevention capacity of a ship and its cargo type, throughput or ship repair, salvage, dismantling activities necessary for pollution monitoring, marine pollutant receiving capacity and emergency handling ability to adapt of pollution accident by ship.

Transport authorities in ports, terminals, loading and unloading station inspection evaluation report should be reviewed when, in recognition of their pollution prevention from ships engaged in operation with the ability.

Tenth Ministry of transport should be based on the State emergency response plan for public emergencies in General, development of national control of the ship and the special emergency activities of pollution of the marine environment.

The coastal provinces, autonomous regions and municipal people's Governments shall, in accordance with national ships and special emergency related activities of pollution of the marine environment, development of controlling marine pollution by ships and related activities at the provincial level environmental emergency plans.

Coast District municipal people's Governments shall, in accordance with provincial control of marine pollution from shipping and related activities environmental emergency plans, make combating marine pollution from shipping and related activities at the city level environmental emergency plans.

The Ministry of transport and coastal districts, and local people's Governments above city level should organize regular control of marine pollution from shipping and related activities of environmental emergency response plan for drilling.

In the 11th vessel owners, operators, managers should be in accordance with the guidelines for national contingency plan established by the maritime administrative agency, formulated or revised shipping and its related activities of marine environment pollution emergency plan, and approval of the maritime administrative agency.

Ports, terminals, terminal operators, as well as on the operating unit should be the prevention and control of ships and related activities marine environment pollution emergency plan, and report to the maritime administrative agency and environmental protection departments.

Ships and related operations shall be in accordance with the established contingency plans for emergency drills are regularly organized, according to the walkthrough to evaluate emergency, in accordance with the actual needs and circumstances change, duly amended contingency plans and emergency exercises, to assess the results and to amend the record.

In the 12th vessel pollution prevention facilities, equipment and devices should comply with the relevant national standards, and in accordance with the relevant requirements by type and use performance tests, its production and supply units shall be the production and sale of facilities, equipment, and types of equipment to the national maritime administration and inspection certificates for the record.

National maritime administrative agency shall promptly comply with the relevant national standards for ship pollution prevention facilities, installations and equipment and production units to the public.

Chapter III ship pollution response unit 13th ship pollution response unit refers to have appropriate pollution response capacities, for shipping pollution accident emergency preparedness and emergency service units.
According to the different service areas and pollution response capacities, ship pollution response unit is divided into four ranges from high to low level, including:

(A) a level units can in China jurisdiction waters for ship provides spill oil and other bulk liquid pollution harm goods leak pollution accident emergency service; (ii) two level units can in from Bank 20 sea within of China jurisdiction waters for ship provides spill oil and other bulk liquid pollution harm goods leak pollution accident emergency service; (three) three level units can in port waters for ship provides spill oil emergency service; (four) four level units can in port waters within of a job district, and

Independent provide oil spill response services to ships in the waters near the Terminal.

14th article engaged in ship pollution clear of units should has following conditions, and accept maritime management institutions of supervision check: (a) emergency clear dirt capacity meet ship pollution clear units emergency clear dirt capacity requirements (see annex) of provides; (ii) developed of pollution clear job programme meet control ship and about job activities pollution marine environment of requirements; (three) pollutants processing programme meet national about control pollution provides.

15th article ship pollution clear units should will following situation to social announced, and submitted service regional location of maritime management institutions: (a) this units of pollution clear capacity meet ship pollution clear units emergency clear dirt capacity requirements corresponding capacity grade and service regional of report; (ii) pollution clear job programme; (three) pollutants processing programme; (four) ship pollution clear facilities, and equipment, and equipment and emergency personnel situation;

(E) marine pollution response agreement and implementation as well as in marine pollution accident emergency work.

Pollution response capability of ship pollution response and changes in service areas should be promptly of any changes to the public and submitted to the maritime administrative agency of the location of the service area.

Fourth chapter ship pollution clear agreement of signed 16th article carrying bulk oil class goods of ship, its business people should in ship into Hong Kong Qian or Hong Kong outside handling, and had connection job Qian, according to following requirements and corresponding of ship pollution clear units signed ship pollution clear agreement: (a) 600 total tons following only in port waters sailing or job of ship, should and four level above grade of ship pollution clear units signed ship pollution clear agreement;

(Ii) 600 total tons above 2000 total tons following only in port waters sailing or job of ship, should and three level above grade of ship pollution clear units signed ship pollution clear agreement; (three) 2000 total tons above only in port waters sailing or job of ship and all access port and engaged in had connection job of ship should and two level above grade of ship pollution clear units signed ship pollution clear agreement.

17th article carrying oil class zhiwai of other bulk liquid pollution harm goods of ship, its business people should in ship into Hong Kong Qian or Hong Kong outside handling, and had connection job Qian, according to following requirements and corresponding of ship pollution clear units signed ship pollution clear agreement: (a) access port of ship and in from Bank 20 sea within of China jurisdiction waters engaged in had connection job of ship should and two level above grade of ship pollution clear units signed ship pollution clear agreement;

(B) from the coast beyond 20 nautical miles of the waters under Chinese jurisdiction to engage in transfer operations of other liquid bulk dangerous goods carried by ships should ship pollution response and level between the marine pollution response agreement.

18th article 10,000 total tons above of carrying non-bulk liquid pollution harm goods of ship, its business people should in ship into Hong Kong Qian or Hong Kong outside handling, and had connection job Qian, according to following requirements and corresponding of ship pollution clear units signed ship pollution clear agreement: (a) access port of 20,000 total tons following of ship should and four level above grade of ship pollution clear units signed ship pollution clear agreement;

(B) the entering and leaving the harbour more than 30,000 gross tons below the vessels of 20,000 gross tons should work with more than three levels of ship pollution response unit clear pollution from ships entered into an agreement, (iii) entering and leaving the harbour more than 30,000 gross tons of ships as well as ships operating in waters under China's jurisdiction in connection with more than two levels of ship pollution response unit clear pollution from ships entered into agreement.

Article 19th level, ship pollution response unit II ships for pollution response agreement between standards determined by the national maritime administrations.

20th national maritime administrative agency shall develop and publish clear pollution from ships agreement samples, clearly the rights and obligations of the parties.

Shipping and pollution response units published by the maritime administrative agency shall, in accordance with agreements signed samples ship pollution response agreement.

Article 21st ship pollution response protocol should be signed by the Board for future reference, and processed for ships entering and leaving the port formalities or job application to the maritime administrative agency at present.

Ship ship pollution response unit found violations of the provisions of the Act, or failing to complete the marine pollution response agreement shall be made to the marine pollution response unit is located directly under the maritime administrative agency reports.

Fifth emergency 22nd ship pollution accidents or likely to cause pollution of the marine environment, shipping and related companies should immediately start the appropriate contingency plans, in accordance with the relevant provisions of the requirement to report to the maritime administrative agency, informed the ship for ship pollution response agreement between pollution response unit, and taken under the emergency pollution control and cleanup measures.

Ships that where a remediation action shall report to the maritime administrative agency, agreed by the maritime administrative agency before the cessation of emergency measures.

23rd marine pollution response unit after receiving the notice of pollution accident by ship, based on ship pollution response protocol should be carried out in a timely manner pollution control and cleanup operations, and shall promptly report to the maritime administrative agency pollution control and cleanup work progress.

Article 24th receives or is likely to cause pollution of the marine environment from ships report, the maritime administrative agency shall immediately verify the information, and to strengthen monitoring, surveillance.

Of pollution accident by ship, the maritime administrative agency shall immediately organized to assess the level of pollution accident by ship, and follow the requirements for reporting and emergency communications. After 25th of pollution accident by ship, shall be in accordance with the People's Republic of China stipulated in the regulations on controlling marine environment pollution from ships, setting up emergency command structure.

Emergency response command structure should be based on the levels and characteristics of pollution accident by ship, and starts the appropriate contingency plans, departments and units should be in the unified emergency command organization and command, the Division of labour in accordance with the emergency plan, and appropriate emergency response work carried out. 26th of pollution accident by ship or ships, and may cause People's Republic of China sea areas under the jurisdiction of pollution, the coastal districts of the city-level people's Government, the maritime administrative agency according to emergency needs, can use the units and individuals ships, pollution prevention facilities, equipment, tools and other supplies.

The relevant units and individuals shall cooperate with.

Provided by the relevant units and individuals of ships and pollution prevention facilities, equipment, the equipment shall be in good condition, related material quality meet the requirements of relevant national technical standards and specifications. Expropriation of ships and pollution prevention facilities, equipment, tools and other materials used or the end of the emergency, shall be promptly returned.

Shipping and pollution prevention facilities, equipment, tools and other goods damaged, destroyed or lost after being requisitioned or expropriated, compensation shall be made. 27th of pollution accident by ship, the maritime administrative agency can organize and take sea traffic control, clearance, salvage, towage, pilotage, escort, over connections, water pumping and blasting under the necessary measures.

Costs associated with these measures cause pollution of the marine environment by ships, the operating units concerned.

Need to assume cost of ship under the preceding paragraph shall be paid before departure-related expenses or provide appropriate financial assurance.

Financial guarantees should be provided for in the domestic bank or issued by the insurance institutions in the territory.

28th the ship incident is in danger of sinking, the crew before leaving the ship, and shall take measures to prevent oil spills, as closing all cargo (Cabinet), tank (tank) pipe valve, blocking cargo (Cabinet), tank (tank) vent.

Ships sunk, its owner, operator or manager shall promptly report to the maritime administrative agency ship fuel contaminants, dangerous goods and other property type and mount location, quantity, and so on, entrust a qualified ship pollution response unit of pollution monitoring and control measures, and when necessary take measures such as taking, salvage.

29th article ship should in pollution accident clear job end Hou, on pollution clear action for assessment, and will assessment report submitted local directly under the maritime management institutions, assessment report at least should including following content: (a) accident profile and emergency disposal situation; (ii) facilities, and equipment, and equipment and personnel of using situation; (three) recycling pollutants of type, and number and disposal situation; (four) pollution damage situation; (five) ship pollution emergency plans exists of problem and modified situation.

Pollution accident emergency command structure should be cleared after the end of the job, the Organization to the overall effect of pollution cleanup job and assess pollution damage, and based on the evaluation results and the actual needs to amend the appropriate contingency plans.

Sixth chapter legal responsibility of 30th a maritime administrative agency shall establish and improve emergency preparedness for prevention of pollution from ships, and disposition of supervision and inspection system, ships and prevention of pollution from ships of operation and pollution cleanup job conducting supervision and inspection, and to the supervision and inspection of records.

The maritime administrative agency when conducting supervision and inspection, the relevant units and individuals shall assist and cooperate with, and may not refuse or impede or obstruct.

31st maritime administration ship is found and its associated companies and individuals in violation of these provisions, shall be ordered to make corrections; 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.
32nd article violation this provides, ship not developed control ship and about job activities pollution marine environment emergency plans, or emergency plans not reported maritime management institutions approved of, by maritime management institutions at 20,000 yuan following of fine; port, and Terminal, and handling station of business people not developed control ship and about job activities pollution marine environment emergency plans of, by maritime management institutions be warning, or ordered deadline corrected.

33rd article violates these provisions, shipping and related companies are not equipped with anti-pollution facilities, equipment, supplies, or pollution prevention facilities, equipment, equipment does not comply with the relevant national regulations and standards, be warned by the maritime administrative agency, or a fine of less than 20,000 yuan and 100,000 yuan.

34th article violation this provides, has following case one of of, by maritime management institutions at 10,000 yuan above 50,000 yuan following of fine: (a) carrying bulk liquid pollution harm goods of ship and 10,000 total tons above of other ship, its business people not according to provides signed pollution clear job agreement of; (ii) ship pollution clear units beyond capacity grade or service regional signed ship pollution clear agreement and engaged in pollution clear job of.

(C) marine pollution response unit is not required to perform emergency duty obligations.

35th article violation this provides, has following case one of of, by maritime management institutions at 20,000 yuan above 100,000 yuan following of fine: (a) ship sank Hou, its all, and business people not timely to maritime management institutions report ship fuel, and pollution harm goods and other pollutants of nature, and number, and type and the mount location, situation of; (ii) ship sank Hou, its all, and business people not timely take measures clear ship fuel, and pollution harm goods and other pollutants of. 36th article violation this provides, occurred ship pollution accident, ship, and about job units late reported, and omitted accident of, on ship, and about job units, by maritime management institutions at 50,000 yuan above 250,000 yuan following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, by maritime management institutions at 10,000 yuan above 50,000 yuan following of fine; directly is responsible for of competent personnel and other directly responsibility personnel belongs to crew of, give temporarily buckle suitable any certificate or other about documents 3 months to 6 months of punishment.

Concealed, and lied about accident of, on ship, and about job units, by maritime management institutions at 250,000 yuan above 500,000 yuan following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, by maritime management institutions at 50,000 yuan above 100,000 yuan following of fine; directly is responsible for of competent personnel and other directly responsibility personnel belongs to crew of, and at give revoked suitable any certificate or other about documents of punishment. 37th article violation this provides, occurred ship pollution accident, ship, and about job units not immediately started emergency plans of, on ship, and about job units, by maritime management institutions at 20,000 yuan above 100,000 yuan following of fine; on directly is responsible for of competent personnel and other directly responsibility personnel, by maritime management institutions at 10,000 yuan above 20,000 yuan following of fine; directly is responsible for of competent personnel and other directly responsibility personnel belongs to crew of,

And a withholding certificate of competency or competency certificates from 1 month to 3 months of punishment.

The seventh chapter by-laws mentioned in the 38th article of the provisions "more than", "less than" include the number, "following" and "beyond" not including the number itself.

39th article of the regulations come into force on June 1, 2011.

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