Administrative Provisions of the People's Republic of China on the Prevention and Control of Marine Environmental Pollution by Vessels and Their Operations (2017 Amendment)

Administrative Provisions of the People's Republic of China on the Prevention and Control of Marine Environmental Pollution by Vessels and Their Operations (2017 Amendment) Administrative Provisions of the People's Republic of China on the Prevention and Control of Marine Environmental Pollution by Vessels and Their Operations (Issued by the Ministry of Transport on November 16, 2010 and amended for the first time according to the Decision on Amending the Administrative Provisions of the People's Republic of China on the Prevention and Control of Marine Environmental Pollution by Vessels and Their Operations, Order No. 12 [2013] of the Ministry of Transport on August 31, 2013; and amended for the second time according to the Decision on Amending the Administrative Provisions of the People's Republic of China on the Prevention and Control of Marine Environmental Pollution by Vessels and Their Operations, Order No. 17 [2013] of the Ministry of Transport on December 24, 2013) Chapter I Guiding Principles Article 1 For the purpose of preventing and controlling marine environmental pollution caused by vessels and their operations, these Provisions are developed in accordance with the Marine Environmental Protection Law of the People's Republic of China , the Atmospheric Pollution Prevention and Control Law of the People's Republic of China , the Regulation of the People's Republic of China on the Administration of Prevention and Control of Vessel-induced Pollution to the Marine Environment , and the international treaties concluded or acceded to by the People's Republic of China. Article 2 These Provisions shall apply to the prevention and control of pollution caused by vessels and their relevant operations to the sea areas of the People's Republic of China. The term “operations” as mentioned in these Provisions refers to vessel loading and unloading, barging, clearing and washing of vessel cabins, oil supply and receiving, repair and building, salvage, dismantlement, packing or filling of cargos with hazardous pollutants, pollution clean-up operations and other above-water and underwater construction operations relating to vessels. Article 3 The transport administrative department of the State Council shall administer the prevention and control of marine environmental pollution caused by vessels and their operations throughout the country. The maritime safety administration of the state shall be responsible for the supervision and administration of marine environmental pollution caused by vessels and their relevant operations throughout the country. The maritime safety administrations at all levels shall, under their respective functions, be responsible for the supervision and administration of marine environmental pollution caused by vessels and their relevant operations throughout the country. Chapter II General Provisions Article 4 The structure, facilities and equipment of a vessel shall conform to the relevant vessel inspection rules of the state on the prevention and control of vessel-induced pollution to the marine environment and meet the requirements of the international treaties concluded or acceded to by the People's Republic of China, and for which corresponding certificates shall be obtained under relevant provisions of the state. Article 5 A vessel shall, in accordance with the laws, administrative regulations, provisions of the transport administrative department under the State Council and the requirements of the international treaties concluded or acceded to by the People's Republic of China, obtain and carry on board the corresponding certificates and documents relating to the prevention and control of vessel-induced pollution to the marine environment. The maritime safety administration shall announce to the general public a list of certificates and documents as mentioned in paragraph 1 of this Article, and timely update it. Article 6 The certificates and documents relating to the prevention and control of vessel-induced pollution to the marine environment which are held by a Chinese vessel shall be issued by the maritime safety administration of the state or by an institution recognized by it. The certificates and documents relating to the prevention and control of vessel-induced pollution to the marine environment which are held by a foreign vessel shall meet the requirements of the international treaties concluded or acceded to by the People's Republic of China. Article 7 A seaman shall have corresponding professional knowledge and skills on the prevention and control of vessel-induced pollution to the marine environment, take part in the corresponding training, examination and assessment as required by relevant laws, administrative regulations, and rules, and have a valid competency certificate of post and corresponding compliance certificate of training. An entity conducting relevant operations shall organize its own operators to receive professional trainings on operating skills, use of equipment, operating procedures, safety protection, emergency responses, etc. so as to ensure that the operators have corresponding professional knowledge and skill on the prevention and control of vessel-induced pollution to the marine environment. Article 8 Ports, docks, loading and unloading stations, and entities conducting the building and repair of vessels shall have corresponding pollution monitoring facilities and pollutant receiving facilities under relevant criterions of the state. Ports, docks, loading and unloading stations, and the entities conducting the building, repair, salvaging, dismantlement and other operations of vessels shall be equipped with corresponding facilities and equipment for the prevention and control of pollution under relevant criterions of the state. Article 9 To carry out any of the following operations, a vessel shall comply with the relevant laws, regulations and standards and the relevant operating procedures, take safety and pollution prevention and control measures, and report to the maritime safety administration the operating type, operating time, operating location, operating entity and vessel name and other information before operations; and where operation information changes, it shall make a supplementary report in a timely manner: (1) Conducting gunwale rust-eradicating or painting operation or using incinerators in a coastal port. (2) Washing tanks, cleaning cabins, discharging gas, or discharging garbage, domestic sewage, residual oil, oily waste water, waste water containing toxic or hazardous substances or other pollutants or ballast waterat a harbor water area. (3) Washing the deck stained with pollutants or toxic or hazardous substances. (4)Conducting above-water dismantlement, salvage, building and repair of vessels, or any other above-water or underwater vessel construction operation. (5) Conducting a vessel oil supply operation. Article 10 An operator engaging in clearing the cargo hold of an oil tanker with load-carrying capacity of 30,000 tons or more, lightering bulk liquid cargo with hazardous pollution, salvaging sunken vessels or dismantling oil tankers, or any other operation with large pollution risk shall conduct a feasibility study on the operation scheme, and accept the inspection by the maritime safety administration during the operation. Article 11 Where an entity or individual finds that a vessel and its operations have caused or may cause marine environmental pollution, it or he shall promptly report to the nearby maritime safety administration. Chapter III Discharge and Receiving of Vessel-induced Pollutants Article 12 A vessel which is navigating, berthing or operating within the sea areas of the People's Republic of China shall comply with the laws, administrative regulations, relevant criterions, as well as the international treaties concluded or acceded to by the People's Republic of China if it is to discharge garbage, living sewage, sewage with oil, sewage with toxic and hazardous substances, waste gas and other pollutants as well as ballasting water. A vessel navigating, berthing or operating within a vessel discharge control area shall also comply with the requirements for the prevention and control of atmospheric pollution within thevessel discharge control area. A vessel shall meet the control requirements for a vessel's atmospheric emissions by using low-sulfur fuel or taking an alternative measure, such as shore electricity, clean energy, or tail gasafter-treatment devices, among others. Article 13 No vessel shall discharge pollutants to marine nature reserves, marine special reserves, seashore scenic spots and historic sites, important fishing waters which are delimited pursuant to law and other sea areas which need special protection. To establish a sea area which needs special protection as prescribed in paragraph 1 of this Article, supporting vessel pollutant receiving facilities and emergency facilities and equipment shall be prepared at a proper location. Article 14 A vessel shall discharge those pollutants, which do not meet the discharge requirements of Article 12 and which are banned from discharge to sea areas according to law, to the receiving facilities of a port with the corresponding receiving capacity or have the aforesaid pollutants received by its authorized vessel pollutant receiving entity with the corresponding receiving capacity. If a vessel authorizes a vessel pollutant receiving entity to receive pollutants, the vessel operator shall, prior to the operation of receiving pollutants, expressly designate the authorized vessel pollutant receiving entity. Article 15 To receive vessel garbage, residual oil, oily waste water, waste water containing toxic and hazardous substances and other pollutants, a vessel pollutant receiving entity shall report the operating time, operating location, operating entity and vessel, the types and quantities of pollutants, methods to be adopted for disposing of and the whereabouts of such pollutants and other information to the maritime safety administration prior to the operation. Where the information on the receipt and treatment of pollutants changes, a supplementary report shall be made in a timely manner. Where a port has established the duplicate form system for the receipt, transfer and disposal of vessel pollutants, the vessel and the vessel pollutant receiving entity shall, in accordance with the requirements of the duplicate form system, report to the competent department the information on the receipt, transfer and disposal of vessel pollutants. Article 16 A vessel pollutant receiving operating entity shall comply with the administrative rules on safety and pollution prevention. When it receives pollutants, it shall prepare the operation scheme, and comply with the relevant standards and operating procedures of the state, and take effective pollution prevention measures so as to prevent pollutants from spilling and leaking. Article 17 After having finished receiving pollutants, a vessel pollutant receiving entity shall issue to the vessel the pollutant receiving documents, which shall be signed by both parties for confirmation and retained for at least two years. The pollutant receiving documents shall be indicated with the names of the operating entities, names of both operating vessels, time of start and end of operation, place of operation, and types and quantities of pollutants, among others. The vessel shall keep the vessel pollutant receiving documents in the corresponding record book. Article 18 To conduct operations involving disposal of pollutants, a vessel shall normatively fill out the corresponding record book, faithfully recording and genuinely reflecting the quantities of pollutants generated during the voyage of the vessel, process of disposal of pollutants, and whereabouts of the pollutants. If no record book is required under any law, administrative regulation, provisions of the transport administrative department of the State Council, or international treaty concluded or acceded to by the People's Republic of China, the vessel shall faithfully record the relevant information in the logbook or engine logbook on the same day of operation. A vessel shall preserve a vessel garbage record book, which is totally used up, on board for at least 2 years. It shall preserve a record book of sewage with oil and sewage with toxic and hazardous substances, which is totally used up, on board for at least 3 years. Article 19 A vessel pollutant receiving entity shall deliver the received pollutants to the pollutant disposal entity with the eligibility prescribed by the state and shall, every month, report to the maritime safety administration for records the information about the ......