Provisions on the Safety Supervision and Administration of Carriage of Solid Bulk Cargoes by Sea

Provisions on the Safety Supervision and Administration of Carriage of Solid Bulk Cargoes by Sea Order of the Ministry of Transport of the People's Republic of China (No. 1 [2019]) The Provisions on the Provisions on the Safety Supervision and Administration of Carriage of Solid Bulk Cargoes by Sea, as adopted at the 2nd executive meeting of the Ministry of Transport on January 16, 2019, are hereby issued and shall come into force on March 1, 2019. Minister of Transport: Li Xiaopeng January 28, 2019 Provisions on the Safety Supervision and Administration of Carriage of Solid Bulk Cargoes by Sea Chapter 1 General Provisions Article 1 For purposes of strengthening the supervision and administration of carriage of solid bulk cargoes by sea and guaranteeing the safety of life and property at sea, these Provisions are developed in accordance with the Maritime Traffic Safety Law of the People's Republic of China and the Law of the People's Republic of China on Ports . Article 2 These Provisions shall apply to the carriage of solid bulk cargoes by vessels within the seas of the People's Republic of China. Article 3 The Ministry of Transport shall be in charge of the safety management of carriage of solid bulk cargoes by sea across the country. The maritime safety administration of the state shall be responsible for the safety supervision and administration of carriage of solid bulk cargoes by sea across the country according to its duties. The other maritime safety administrations at all levels shall specifically responsible for the safety supervision and administration of carriage of solid bulk cargoes by sea according their respective duties. Article 4 A vessel carrying Group B solid bulk cargoes shall also comply with the Provisions on the Safety Supervision and Administration of Carriage of Hazardous Goods by Vessels . Chapter II General Rules Article 5 A vessel owner, operator or manager engaged in the carriage of solid bulk cargoes shall, in accordance with the provisions of the MOT, establish and implement the systems or rules for the safe operation of vessels and the management of pollution prevention, which shall include the procedures, instructions or management rules for the carriage of solid bulk cargoes. Article 6 For a vessel carrying solid bulk cargoes, the loading manual or stability calculation book of the vessel shall list the typical working conditions for safety and seaworthiness of the cargoes. Article 7 The carriage of solid bulk cargoes by vessels shall comply with the safety technical specifications for stowage, isolation and transport of such cargoes, and shall satisfy the corresponding requirements for the fitness certificate or certification. Article 8 The owners, operators or managers of vessels shall conduct trainings and assessments of the seafarers' professional knowledge of solid bulk cargoes so as to ensure that the seafarers are familiar with the characteristics, operating procedures and emergency plans for solid bulk cargoes. Article 9 The personnel undergoing the reporting procedures in accordance with these Provisions shall be familiar with relevant regulations, standards, specifications and reporting procedures. Article 10 If the solid bulk cargoes carried by a vessel to be delivered is not listed in the International Maritime Solid Bulk Cargoes Code, the shipper shall submit the identification materials issued by an testing institution with the corresponding qualifications (hereinafter referred to as a “testing institution”) to specify the subgroups, categories, hazards, pollution hazards of cargoes and the technical conditions for the vessel's carriage, which must be completed before delivery of the cargoes for carriage by the vessel. Article 11 For the solid bulk cargoes that are harmful to the environment, after unloading of cargoes is completed from the vessel, the residues of the cargoes and tank washing waters shall be collected at port receiving facilities or the vessel pollutant collector, the discharge of which is prohibited, and be recorded truthfully in the garbage record book. Chapter III Reporting Management Article 12 A vessel carrying solid bulk cargoes other than Group B shall report to the maritime safety administration 24 hours before entering or leaving a port. Where the voyage is less than 24 hours, it shall submit a report before the departure from the previous port. The report shall include the following information: (1) Information on the vessel, such as the name, voyage, nationality, port of departure, port of discharge, site of operation, estimated port of entry and exit, and time of operation. (2) Information on the cargoes, such as the name, group, class, UN number, total weight and loading position. Article 13 A shipper of solid bulk cargoes carried by a vessel to be delivered shall, before delivering the cargoes for carriage, submit the following cargo information to the carrier, and report to the maritime safety administration: (1) A declaration for the safety and seaworthiness of solid bulk cargoes. (2) A certificate of the transportable moisture limit of cargoes and moisture content of cargoes issued by a testing institution, which shall be submitted for those solid bulk cargoes that may liquefy. (3) The identification materials on the conditions for the carriage of the cargoes issued by the testing institution, which shall be submitted by the shipper for those cargoes not listed in the International Maritime Solid Bulk Cargoes Code. (4) Valid approval documents, which shall be submitted for those cargoes that may be carried by vessels on international voyages as required after the approval of the relevant departments of the exporting or importing country. (5) Other certificates or documents required by the maritime safety administration in accordance with the provisions in the International Maritime Solid Bulk Cargoes Code. The principal of port operations shall provide the cargo information mentioned in subparagraph (1) through (3) to the port operator before the loading of solid bulk cargoes. Article 14 Where cargo information needs to be obtained through testing, the shipper and the testing institution shall jointly take samples from the cargoes. Article 15 The carrier shall conduct an examination of the cargo information, and shall not carry the cargoes that fail to meet the requirements for seaworthiness of a vessel. Relevant materials, certificates or documents shall be kept on board during carriage. Cha......