Provisions on the Safety Supervision and Administration of Carriage of Hazardous Goods by Vessels (2018)

Provisions on the Safety Supervision and Administration of Carriage of Hazardous Goods by Vessels (2018) Order of the Ministry of Transport (No. 11 [2018]) The Provisions on the Safety Supervision and Administration of Carriage of Hazardous Goods by Vessels , as adopted at the 12th executive meeting of the Ministry of Transport on July 20, 2018, are hereby issued and shall come into force on September 15, 2018. Minister of Transport: Li Xiaopeng July 31, 2018 Provisions on the Safety Supervision and Administration of Carriage of Hazardous Goods by Vessels Chapter I General Provisions Article 1 For the purposes of strengthening the supervision and administration of the carriage of hazardous goods by vessels, guaranteeing the safety of people and the security of property on water, and preventing vessels from polluting the environment, these Provisions are developed according to the Maritime Traffic Safety Law of the People's Republic of China , the Law of the People's Republic of China on Ports , the Regulations of the People's Republic of China on Administration of Traffic Safety in Inland Waters , the Regulation of the People's Republic of China on the Safety Management of Hazardous Chemicals and other laws and administrative regulations. Article 2 The carriage of hazardous goods by vessels within the waters of the People's Republic of China shall be governed by these Provisions. Article 3 The Ministry of Transport (“MOT”) shall be in charge of the safe carriage of hazardous goods by vessels across China. The maritime safety administration of the state shall be in charge of the supervision and administration of the safe carriage of hazardous goods by vessels across China. The maritime safety administrations at all levels shall specifically be in charge of the supervision and administration of the safe carriage of hazardous goods by vessels. Chapter II Administration of Vessels and Personnel Article 4 A vessel owner, operator or manager engaged in the transportation of hazardous goods shall, according to the requirements of the MOT on the safe operation of vessels and the anti-pollution management system, establish and implement corresponding systems or rules. A vessel operator or manager engaging in the transportation of hazardous goods shall appoint full-time safety officers. Article 5 For vessels carrying hazardous goods, a contingency plan on safety and pollution prevention shall be developed, and corresponding equipment and facilities for emergency rescue, fire protection and personnel protection, among others, shall be installed. Article 6 A vessel carrying hazardous goods shall pass the inspection of the vessel inspection institution accepted by the maritime safety administration of the state, obtain a corresponding inspection certificate and documents, and remain in good conditions. A vessel carrying hazardous goods shall comply with the laws and regulations of the state on vessel inspection and the provisions of the technical specifications respecting vessel body, structure, equipment, performance, and layout, etc.; and a vessel sailing on international routes and carrying hazardous goods shall also comply with the provisions of relevant international conventions, and meet the corresponding conditions for seaworthiness and fitness. Article 7 Vessel's automatic identification systems and other vessel-borne equipment shall be installed and used for vessels carrying hazardous goods as required. Vessel operators and managers shall strengthen the dynamic management of vessels. Article 8 Highly toxic chemicals and other hazardous chemicals that are prohibited by the state to be transported through inland rivers shall be prohibited from transport through inland closed waters. Highly toxic chemicals that are prohibited by the state from transport through inland rivers and other hazardous chemicals shall be prohibited from being transported through other inland waters. A consignor shall be prohibited from carrying hazardous goods in ordinary goods or falsely reporting or concealing hazardous goods as ordinary goods for carriage. A passenger vessel having obtained corresponding qualifications or roll-on-roll-off passenger vessel shall not carry any passenger when carrying hazardous goods, except the accompanying transport escort and driver of a roll-on-roll-off passenger vessel according to the relevant provisions. Other passenger vessels shall be prohibited from carrying hazardous goods. Article 9 The carriage of hazardous goods by vessels shall comply with the relevant safety technical specifications on stowage, isolation and transport of hazardous goods, and satisfy the corresponding requirements for the fitness certificate or certification. No vessel shall load or carry any hazardous goods that do not comply with the safety technical specifications for packaging, stowage and isolation. A vessel carrying hazardous goods for packaging shall also satisfy the requirements of the International Maritime Dangerous Goods Code; and a vessel carrying Group B solid bulk goods shall also satisfy the requirements of the International Maritime Solid Bulk Cargoes Code. Article 10 A seafarer of a vessel carrying hazardous goods shall hold a special training certificate, be familiar with the safety knowledge and operating procedures of the hazardous goods carried by the vessel, and understand the nature of the hazardous goods transported and the emergency response measures. Article 11 Personnel undergoing the declaration or reporting of hazardous goods in accordance with these Provisions and on-site container loading inspectors shall be familiar with the relevant laws and regulations, technical specifications and declaration procedures. The maritime safety administration shall conduct supervision and random checking of the routine work of the personnel declaring or reporting hazardous goods and on-site container loading inspectors, and implement the credit management system. Chapter III Administration of Packaging and Containers Article 12 The packaging of the hazardous goods carried by a vessel to be delivered shall ensure its performance in compliance with the relevant laws and regulations, technical specifications and international conventions, and obtain a corresponding inspection certificate according to law. Article 13 For the use of new or improved packaging types for hazardous goods carried by a vessel to be delivered, the provisions of the International Maritime Dangerous Goods Code on equivalent packaging shall be complied with, and a performance inspection report, an inspection certificate or document and other materials of the packaging shall be submitted to the maritime safety administration. Article 14 The vessel-carried containers carrying hazardous goods, movable cans for vessels, and other goods transportation components and medium-sized rigid bulk containers for vessels may only be used for vessel transportation after passing the inspection of the vessel inspection institution accepted by the maritime safety administration of the state. Article 15 The parcels, medium bulk container, bulk packaging and goods transportation components of hazardous goods carried by a vessel to be delivered shall display the signs, marks and labels indicating the characteristics of the hazardous goods carried as required. Article 16 The vessel-carried containers intending to carry hazardous goods shall be free from damage, and the containers shall be clean, dry and free from fouling, and satisfy the requirements for the goods carried. Vessel-carried containers under a fumigation state and other goods transportation components shall satisfy the relevant stowage requirements and display a fumigation warning sign. Article 17 Hazardous goods loaded in vessel-carried containers and their packaging shall be kept intact, without damage, spilling or leakage, and shall be padded and reinforced according to the corresponding provisions. Their stowage and isolation shall also satisfy the relevant safety requirements. Hazardous goods of incompatible nature shall not be loaded or transported in a same container. Article 18 The on-site container loading inspectors shall conduct on-site inspections of the loading activities of the containers for vessels carrying hazardous goods, and sign the Container Packing Certificate where the Technical Requirements for the Loading Safety of Marine Hazardous Goods Containers (JT672-2006) are satisfied after completion of loading. Article 19 Empty packaging or empty containers that have carried hazardous goods, but have not been cleaned or have taken other measures to eliminate the hazard shall be deemed packaging or containers carrying hazardous goods. Chapter IV Administration of Declaration and Reporting Article 20 A vessel carrying hazardous goods that enter or exit a port shall, 24 hours before entering or exiting a port (before the departure from the previous port, where the voyage is less than 24 hours), undergo the declaration of hazardous goods carried by the vessel with the maritime safety administration and file an application and the certification materials required by the relevant rules and regulations of the MOT, and may not enter or exit a port until approval of the maritime safety administration has been obtained. In the case of leakage, burning or explosion and other situations of a vessel during the course of transportation, the reasons, control measures, current situation and other relevant situations shall be explained when the formalities for declaration of carriage of hazardous goods by vessels are undergone, and a detailed report shall be submitted upon arrival at the port. The formalities for regular declaration may be undergone for specified vessels, vessels of specified navigation routes and vessels carrying specified type of goods. The regular declaration term shall not exceed 30 days. Article 21 The maritime safety administration shall, within 24 hours after acceptance of the declaration of a vessel carrying hazardous goods and entering or exiting a port, make a decision of approval or disapproval; and shall, within 7 days, make a decision of approval or disapproval for regular declaration. Where approval is not granted, the applicant shall be notified of the reasons of disapprov......