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中华人民共和国防止船舶污染海域管理条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION OF VESSEL- INDUCED SEA POLLUTION

2006-05-18 15:27   我要纠错 | 打印 | 收藏 | | |

(Promulgated by the State Council on December 29, 1983)
颁布日期:19831229  实施日期:19831229  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated with a view to implementing the Marine Environmental Protection Law of the People's Republic of China, preventing sea pollution by ships and maintaining the marine ecological environment.

  Article 2 These Regulations are applicable to all Chinese and foreign vessels, ship owners and other individuals within the sea areas and harbors under the jurisdiction of the People's Republic of China.

  Article 3 The organs in charge of the prevention of vessel-induced pollution of the marine environment are the harbor superintendency administration of the People's Republic of China (hereinafter referred to as the “harbor super intendencies”)。

  Chapter II General Stipulations

  Article 4 All vessels in the sea areas and harbors under the jurisdiction of the People's Republic of China shall in no case discharge oils, oil-based mixtures, waste materials and other toxic substances in violation of the stipulations of the Marine Environmental Protection Law of the People's Republic of China and these Regulations.

  Article 5 No vessel shall discharge oils, oil-based mixtures, waste materials and other toxic substances into the freshwater of harbors close to river mouths, special marine reserves and natural marine protection areas.

  Article 6 When accidents of pollution occur in the sea areas caused by oil, oil- based mixtures and other toxic substances from vessels, measures shall be immediately adopted to control and eliminate the pollution and a written report shall be made to a nearby harbor superintendency administration as quickly as possible for investigation and treatment.

  Article 7 In cases where marine accidents have caused, or are likely to cause, major pollution damage to the marine environment, the harbor superintendency administration shall have the right to compel the adoption of measures to avoid or reduce this pollution damage, including measures of compulsory elimination of pollution or compulsory towing of the vessels. The vessels causing the problems shall bear all the costs arising therefrom.

  Article 8 When vessels cause or find other vessels cause pollution or violate the relevant regulations in the sea areas under the jurisdiction of the People's Republic of China, the matter shall be handled in accordance with the stipulations of Articles 36 and 37 of the Marine Environmental Protection Law of the People's Republic of China.

  Article 9 Vessels which need to conduct cabin-washing operations in the harbor must adopt measures for safety and for preventing pollution damage to the sea areas. Applications shall be submitted in advance to the harbor superintendency administration, and the operation may proceed only with approval.

  Article 10 To ensure safe pilot age and docking of oil tankers and to prevent pollution of the sea areas, the ballast water kept in all empty oil tankers entering the harbor must be no less than one-fourth of the deadweight capacity of the oil tanker in question. In cases where an oil tanker does not keep sufficient ballast water as stipulated, the harbor superintendency administration shall investigate the whereabouts of its ballast water and handle the matter according to the circumstances there around.

  Article 11 After oil pollution accidents or discharges of oil in violation of the regulations have occurred, the vessels involved may not use oil-eliminating chemicals at their own discretion. If oil-eliminating chemicals have to be used, applications by telephone or in written form shall be made to the harbor super intendencies in advance, with the brand names, amounts and the areas for the application of the oil-eliminating agents stated, and they may be used only with approval.

  Article 12 In cases pollution accidents or pollutant discharges in violation of the regulations occur, the owners of the vessels involved or the persons who have caused the problems and who are found or held economically liable for the cleaning and compensation must complete the procedures of the financial guarantee for or the payment of the relevant sums of money before the vessels set sail.

  Article 13 Vessels carrying 2,000 tons or more of bulk oil or cargoes navigating on international navigation lines shall, in addition to implementing the stipulations of these Regulations, abide by the International Pact of 1969 on Civil Liability for Harm from Oil Pollution, to which China has acceded.

  Chapter III Documents and Equipment for the Prevention of Vessel- induced Pollution

  Article 14 Documents for the prevention of vessel-induced pollution:

  (1) oil tankers of 150 gross tonnage or more, non-oil tankers of 400 gross tonnage or more and vessels carrying 2,000 tons or more of bulk oil and cargoes shall be respectively equipped with the corresponding documents for the prevention of pollution by vessels as stipulated in Article 28 of the Marine Environmental Protection Law of the People's Republic of China;

  (2) vessels shall also be equipped with all the other documents for the prevention of pollution as demanded by the harbor super intendencies.

  Article 15 With regard to oil tankers of 150 gross tonnage or more and non-oil tankers of 400 gross tonnage or more, the equipment on board for the prevention of pollution shall meet the following requirements:

  (1) separate piping systems are used for the polluted water in the engine room and the ballast tank water;

  (2) foul oil storage tanks are installed;

  (3) standard discharge connections are used;

  (4) oil and water separation equipment or filtering system is installed and it is ensured that the discharged oil content of the treated oil- polluted water does not exceed 15 mg/liter, when discharged within 12 nautical miles of the nearest land and not exceed 100 mg/liter, when discharged beyond 12 nautical miles from the nearest land;

  (5) ships of 10,000 tonnage or more shall, in addition to satisfying the aforementioned requirements as stipulated in this Article, also be equipped with monitoring and control devices for oil discharge;

  (6) other pollution-prevention equipment installed on board the vessels shall conform to the relevant stipulations of the state for vessels' pollution-prevention structures and equipment standards.

  The existing pollution-prevention equipment that is not up to the above requirements shall be brought up to the stipulated requirements within 3 years of the implementation of these Regulations.

  Article 16 Oil tankers of under 150 gross tonnage and non-oil tankers of under 400 gross tonnage shall be fitted out with specialized containers for retrieving residue oil and waste oil. These containers shall be able to discharge residue oil and waste oil to the receptacles at harbors and shall be equipped as stipulated in Clauses (3) and (6) of Article 15 of these Regulations.

  Chapter IV Oil Operations and Discharge of Oil-polluted Water by Vessels

  Article 17 When performing oil loading or unloading operations, vessels must observe the following stipulations:

  (1) before the operations, the pipelines and valves must be examined, preparatory work done, the decks drainage holes closed and the relevant valves leading to the sea shut;

  (2) the relevant equipment for oil operations must be examined and kept in good condition;

  (3) containers for collecting oil shall be placed where oil overflow and oil leakage could occur;

  (4) both parties, primarily the recipient, shall earnestly act upon the contracted signals agreed on through consultation by the oil supplier and the oil recipient;

  (5) during the operations, there shall be sufficient personnel on duty, those who are on duty must stand fast at their posts, strictly observe the operational rules, keep informed on and control over the progress of the operations and prevent oil escape and leakage;

  (6) when operations stop, the relevant valves must be shut;

  (7) when brought in or untied, the flexible pipes must be sealed up with built-in valves in advance, or other effective measures adopted to prevent the oil remaining in the pipes from flowing backward into the sea;

  (8) oil tankers shall make accurate entries of the situation of oil operations in the “record book for oils”; non-oil tankers shall make entries in the “engine logbook” or the minute book of those on duty.

  Article 18 In the event of oil escape or oil leakage while performing oil operations, vessels shall promptly adopt measures to eliminate oil pollution and prevent its expansion, and at the same time report to the harbor super intendencies. After the causes have been ascertained, the vessels shall report in writing and wait for investigation and handling.

  Article 19 In discharging pollutants, vessels must meet the “Standards for Discharge of Pollutants by Vessels” of the People's Republic of China.

  Such oil-polluted water as that in the ballast tanks, that from washing of cabins and that in the engine rooms of vessels entering harbors must not be discharged at will; it shall be received and disposed of with disposal facilities for oil-polluted water at the harbor. If the harbor is not equipped for receiving and disposing of oil-polluted water when vessels' oil-polluted water have to be discharged, a written report shall be submitted to the harbor super intendencies in advance. After approval is received, the discharge shall be conducted conditionally and at designated areas.

  Article 20 The discharge of vessels' oil-polluted water approved in accordance with Article 19 of these Regulations must be in accordance with the following stipulations:

  (1) general requirements

  a. the discharge must be done within the approved areas;

  b. in the course of navigating, the instantaneous discharge rate may not exceed 60 liters/nautical mile;

  c. the oil content of the polluted water may not exceed 15 mg/liter;

  d. the oil and water separation equipment, the filtering system and the monitoring and controlling devices of oil discharge must be in normal working condition;

  e. the discharge must be done on the ebbtide.

  (2) the discharge of oil-polluted water from the engine rooms of oil tankers of 150 gross tonnage or more and non-oil tankers of 400 gross tonnage or more must, in addition to satisfying a, b, d, and e of the above-listed general requirements, also meet the following requirements:

  a. discharge must be done beyond 12 nautical miles from the nearest land;

  b. the oil content of the polluted water may not exceed 100 mg/liter.

  (3) the discharge of ballast water and the water from the washing of cabins of oil tankers of 150 gross tonnage or more must, in addition to satisfying b and d of the above-listed general requirements, also meet the following requirements:

  a. dumping must be done 50 nautical miles away from the nearest land;

  b. the total amount of oil discharged in each ballast voyage may not exceed 1/15000 of the total amount of oil carried for existing oil tankers, and not exceed 1/30000 for new oil tankers.

  Chapter V Dangerous Goods Carried by Vessels

  Article 21 Vessels carrying dangerous goods with inflammable, explosive or corrosive, toxic and radioactive substances shall adopt necessary safety and anti- pollution measures. They shall raise the stipulated signals, observe the “Regulations on Supervision and Control of Dangerous Goods Carried by Vessels” and “Regulations on Transportation of Dangerous Goods through Water Routes” of the Ministry of Communications of the People's Republic of China and the “Rules on Transportation of Dangerous Goods on International Seas” of the International Maritime Organization, and prevent occurrence of accidents that will cause the dangerous goods to scatter or leak out to pollute the sea areas.

  Article 22 When vessels are loading dangerous toxic bulk liquids at the harbor, the various stipulations prescribed in Article 17 of these Regulations may be referred to for implementation.

  Article 23 When vessels are loading and unloading dangerous goods of a toxic, corrosive or radioactive nature, both the vessels and the operation units must adopt precautionary measures to prevent the goods from falling into the water. Should accidents occur, urgent measures shall be adopted to retrieve and remove the goods. Reports shall be made immediately to the harbor super intendencies and the relevant units must be informed in good time, so that measures will be adopted to prevent major damage.

  Chapter VI Other Polluted Water from Vessels

  Article 24 Nuclear-powered vessels and vessels carrying radioactive substances must observe the stipulations in Article 31 of the Marine Environmental Protection Law of the People's Republic of China.

  Article 25 Vessels from epidemic-affected ports shall apply to the sanitation and quarantine department for sanitary treatment of the ballast water thereof.

  Article 26 Vessels carrying toxic goods and goods containing corrosive substances must, in discharging hold-washings containing such substances, conform to the following requirements:

  (1) discharge within the approved areas;

  (2) discharge 12 nautical miles away from the nearest land, and the depth of the water exceed 25 meters;

  (3) discharge in the course of navigating, and at a speed of not less than 7 knots and for non-self-navigating vessels, not less than 4 knots;

  (4) discharge on the ebbtide;

  (5) solid residue materials may not be discharged into the sea areas; they must be retrieved for disposal;

  (6) entries must be made of discharges in the “navigation logbook”。

  Chapter VII Garbage from Vessels

  Article 27 Garbage from vessels shall not be dumped at will into harbor waters.

  Vessels carrying toxic or dusty bulk goods may not wash the decks and cabins at will in the harbors, or discharge the residue materials in the harbors in any other ways. If washing is really necessary, applications must be submitted to the harbor super intendencies in advance for approval.

  Article 28 Any vessel in the harbor that needs to dump garbage shall raise on board signals as designated by the harbor, and hire garbage boats/trucks to dispose of it. At the same time the following requirements must be met:

  (1) the containers for storing and collecting domestic garbage of the vessel must have covers and may not leak, and dumping must be done at regular intervals;

  (2) cabin paddings, materials used for sweeping the cabin and various types of solid garbage shall be dumped by the shipping service departments; the vessel shall apply to these departments in advance and provide the information about the types and amounts of the materials to be dumped;

  (3) with respect to the garbage containing toxic or other dangerous substances, the vessel, in applying for dumping, provide the names, nature and amounts of these materials, which shall be strictly separated from other garbage.

  Article 29 With respect to the garbage of vessels from epidemic-affected ports, applications shall be submitted to the sanitation and quarantine department for sanitary treatment of the vessels.

  Article 30 Vessels disposing of garbage at sea shall conform to the following stipulations:

  (1) plastic products may not be cast off into the sea;

  (2) granulated domestic garbage and kitchen wastes of less than 25mm in diameter may after pulverization treatment, be cast off beyond 3 nautical miles from the nearest land; those which have not been thus treated shall be cast off beyond 12 nautical miles from the nearest land.

  Chapter VIII Use of Vessels to Dump Waste Materials

  Article 31 Any unit that needs to use vessels to dump waste materials shall submit the document of approval by the State Ocean-ography Bureau or by its agency to the harbor superintendency of the harbor where shipment starts, and may go through the visa procedures for the vessels to make their entry and exit only after verification. If the actual cargoes are found to be not in conformity with the contents approved, the visa application shall be rejected.

  Article 32 When performing operations of dumping waste materials, the vessel shall make accurate records of the dumping. After coming back to the harbor, the vessel shall report in written form to the harbor superintendency.

  Article 33 Foreign vessels may not, in the sea areas under the jurisdiction of the People's Republic of China, perform operations of dumping waste materials including discarding vessels and other means of flotation.

  Chapter IX Surface and Submerged Projects of Ship Repair, Ship Building, Ship Salvage and Ship Scrapping

  Article 34 Ship repairing, scrapping and salvaging units shall all be equipped with sufficient anti-pollution equipment and facilities. While engineering projects are under way with a ship, either above or under water, precautionary measures shall be adopted to prevent oils, oil mixtures and other waste materials from polluting the sea areas. The oil-polluted water from the project on ship above water shall be treated in accordance with the stipulations of Articles 19 and 20 of these Regulations.

  Article 35 In areas where there are concentrated surface operations of ship repairs and ship building, enclosures shall be set up to prevent the floating of oil and paint from spreading and to facilitate the prompt cleaning.

  Industrial garbage and other waste materials from the process of repairing and construction shall not be cast off into the sea, but rather, they shall be retrieved and treated by the construction units.

  Article 36 In surface ship scrapping, the scraps may not be cast off into the sea. The bottom of the ship and the oil tank may not be dismantled in the sea; they must be dragged to the shore for dismantling operations and the residue oil must be retrieved and disposed of.

  Article 37 In case of marine damage by vessels, or when vessels might sink, the crew shall, before leaving the vessels, as far as possible shut the valves of all the piping systems in and stop up the air vents of the oil cabins (tanks), so as to prevent oil spill. The amount of the oil in stock and the positions of the air vents shall be clearly stated in the maritime reports.

  Article 38 In conducting ship salvaging project under water, measures shall be adopted to prevent the spread of oil pollution and emergence of new pollution.

  Chapter X Compensation for Harm from Pollution Accidents Caused by Vessels

  Article 39 In case of violation by vessels of the Marine Environmental Protection Law of the People's Republic of China and these Regulations that has caused pollution damage to the marine environment, the harbor super intendencies may order the payment of a fee for eliminating the pollution, and compensation for the state's losses. If the party concerned does not accept the order, he may bring a suit before the people's court in accordance with the stipulation of Article 41 of the Marine Environmental Protection Law of the People's Republic of China.

  Article 40 In the event that units or individuals that have suffered pollution damage as a result of the marine environmental pollution by vessels demand civil liability compensation, the matter shall be handled in accordance with the handling procedures stipulated in Article 42 of the Marine Environmental Protection Law of the People's Republic of China. Disputes over liability for and the amount of compensation may be handled by the harbor super intendencies through conciliation. If a party does not agree, a suit may be brought before the people's court; a suit may also be brought directly in the people's court. Cases involving foreign vessels may also be solved in accordance with arbitration procedures.

  Article 41 Any units or individuals that have suffered pollution damage by vessels and demand compensation, if they wish to have it handled by the harbor super intendencies, shall as quickly as possible submit a report for demanding compensation for pollution damage to a nearby harbor superintendency. This report shall include the following contents:

  (1) the time, location, scope and objects of the pollution damage caused by vessels, and the meteorological and hydrological circumstances there around;

  (2) a detailed list of losses caused by the pollution damage (including aquatic resources and various implements), including the names, quantity, unit price, method of calculation, and the aquacultural and natural circumstances;

  (3) an appraisal by the relevant scientific research department or signature by the notary organ in confirmation of the situation of the harm; and

  (4) the original evidences of the pollution damage, the photographs of the circumstances there around, and other supporting documents and materials relevant to demanding compensation.

  Article 42 Units and individuals that have participated in eliminating the pollution damage by vessels and those who demand payment of fees for eliminating the pollution shall, after completion of eliminating the pollution, submit as quickly as possible a report for demanding payment of fees for eliminating the pollution to the relevant harbor superintendency; this report shall include:

  (1) the time, place and the recorded schedule or the extracts from the “navigation logbook” relevant to the elimination of pollution;

  (2) the quantity of manpower, machines and tools, vessels and eliminating materials put in, and the unit price and the method of calculating;

  (3) the management, travel and other relevant expenses in organizing the elimination;

  (4) a report on the results and the situation of the elimination; and

  (5) other relevant evidence and supporting materials.

  Article 43 When a vessel-induced pollution accident occurs in the sea areas under the jurisdiction of the People's Republic of China, it shall be reported as quickly as possible to the nearby harbor superintendency. A report shall immediately be submitted to the superintendency upon the vessel's entry into the first harbor. The matter is then subject to investigation and handling. Included in the report shall be the time, the location, the scope, the meteorological and hydrological circumstances, the process, the measures of rescue and elimination, and the causes and damages of the pollution; other relevant materials shall be appended.

  Article 44 In case of vessel-induced pollution, the ship owners who request exemption from liability for compensation shall submit to the harbor superintendency a report, which shall be able to prove that the pollution damage has been caused entirely by one of the circumstances as listed in Article 43 of the Marine Environmental Protection Law of the People's Republic of China, and that the pollution damage to the marine environment still can not be avoided despite all prompt and reasonable measures.

  Article 45 The harbor super intendencies may, on the basis of investigation and study, conduct mediation or, in accordance with the results of the investigation, handle cases of disputes that concern compensatory liabilities and the amount of payment due to vessel-induced pollution.

  Chapter XI Penalty and Rewards

  Article 46 With respect to vessels in violation of the Marine Environmental Protection Law of the People's Republic of China and these Regulations that have caused or may cause pollution damage to the sea areas and harbor areas under the jurisdiction of the People's Republic of China, the harbor super intendencies may give a warning or impose a fine on the ship owner according to the seriousness of the liabilities thereof and the graveness of the pollution damage.

  Article 47 The maximum amount of a fine on a ship owner is 100,000 RMB yuan. However, in any of the following cases, the maximum amount of a fine to be imposed is 1,000 RMB yuan:

  (1) unauthorized use of oil-eliminating agents;

  (2) having no “oils record book” as stipulated;

  (3) making entries that are not up to standard or even false entries in the “oils record book”;

  (4) obstructing inspection by the harbor super intendencies.

  Crew and other individuals directly responsible shall be given inculcation, and in serious cases fines may also be imposed, but the maximum amount of a fine may not exceed 20% of the basic salary of the person in question.

  Article 48 Cases of vessel-induced pollution, or of pollutant discharge by vessels in violation of relevant regulations shall, after investigation and with conclusive evidence, be handled in accordance with stipulations regardless of whether the party concerned confess or not.

  Article 49 If a party concerned does not accept the decision on the administrative sanction, the matter shall be handled in accordance with the stipulation of Article 41 of the Marine Environmental Protection Law of the People's Republic of China.

  Article 50 Individuals who, on their own initiative, report and expose pollution accidents by vessels, actively provide evidence, or adopt effective measures to reduce pollution damage with outstanding results, shall be commended and rewarded.

  Article 51 The fines paid by the vessels that caused the pollution damage or the directly responsible personnel shall all be turned over to the state treasury as special funds. The money rewards for the relevant personnel prescribed in Article 50 of these Regulations shall be allocated from state finance after verification.

  Chapter XII Supplementary Provisions

  Article 52 The terms as used in these Regulations are defined as follows:

  (1) “Harbors” refers to the coastal ports and the ports in the vicinity of the river out less to the sea, whose main function is for the seagoing vessels to dock, and which include the water areas and the sea lanes within the limits of these port zones.

  (2) “Vessels” refers to motor- driven and non-motor-driven vessels of all types, but not including stationary and mobile platforms used in the operations of exploration and development for offshore petroleum.

  (3) “Oils” refers to all kinds of oils and their refined products.

  (4) “Garbage from the vessels” refers to the domestic garbage of the crew, the slag, pads and materials used to partition cabins and the materials swept out of the cabins normally generated by the vessels themselves in the course of their shipping business and production, and such materials as the scrapped tools, rigging and spare parts of machines on the vessels.

  (5) “Existing vessels” refers to the vessels available before March 1, 1983.

  Article 53 With regard to the control of foreign vessels, in addition to implementing these Regulations, the principle of reciprocity with the countries that the vessels belongs to may be applied.

  Article 54 The State fishing administrations and organs of supervision and control of fishing ports shall exercise the functions and powers of the organs in charge as stipulated in these Regulations in the fishing harbour water areas.

  Article 55 With respect to the prevention of pollution in areas under military control and on board military vessels, the military environmental protection departments shall formulate separate specific stipulations in accordance with the Marine Environmental Protection Law of the People's Republic of China and these Regulations.

  Article 56 These Regulations shall be effective as of the date of promulgation.

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