Order of the Ministry of Transport, PRC

No. 4 in 2011

The Provisions of the People's Republic of China on Emergency Preparedness and Management of Marine Environment Pollution by Ships, which were adopted at the 12th Ministerial Meeting on December 30, 2010, are hereby promulgated and shall come into force as of June 1, 2011.

Minister Li Shenglin

On the 27th of January, 2011

Regulations of the People's Republic of China on Emergency Preparedness and Management of Marine Environmental Pollution by Ships

Chapter I General Provisions

Article 1 These Provisions are formulated in accordance with the Regulations of the People's Republic of China on the Prevention and Control of Pollution of the Marine Environment by Ships and other relevant laws and administrative regulations and the relevant international treaties concluded or acceded to by the People's Republic of China for the purpose of improving the emergency handling capacity of pollution accidents from ships and controlling, reducing and eliminating the Marine environmental pollution damage caused by pollution accidents from ships.

Article 2 In the sea areas under the jurisdiction of the People's Republic of China, these Provisions shall apply to emergency preparedness and emergency treatment for the prevention and control of pollution of the Marine environment by ships and their relevant operations.

These Provisions shall also apply to emergency preparedness and emergency handling of vessels that have caused or are likely to cause pollution of sea areas under the jurisdiction of the People's Republic of China in the event of a pollution accident outside the sea areas under the jurisdiction of the People's Republic of China.

"Emergency handling" as used in these Provisions means the response actions taken to control, mitigate or eliminate pollution damage to the Marine environment caused by ships when a pollution accident from ships occurs or may occur; "Emergency preparedness" means the relevant preparatory work taken in advance for the effective implementation of emergency response.

Article 3 The Ministry of Transport shall be in charge of national emergency preparedness and emergency treatment for the prevention and control of pollution of the Marine environment by ships and their related operations.

The state maritime administrative authority shall be responsible for the unified implementation of emergency preparedness and emergency treatment for pollution of the Marine environment by ships and their related operations.

The coastal maritime administrative authorities at various levels shall, in accordance with their respective functions and duties, be responsible for the specific implementation of emergency preparedness and emergency treatment for the prevention and control of pollution of the Marine environment by ships and their related operations.

Article 4 The principles of unified leadership, comprehensive coordination, hierarchical responsibility, territorial management and shared responsibility shall be followed in the emergency preparedness and handling of pollution of the Marine environment by ships and their relevant operations.

Chapter II Emergency capacity building and emergency plan

Article 5 The State plan for building emergency capacity to prevent and control pollution of the Marine environment by ships and their related operations shall be formulated by the competent transport department under The State Council in accordance with the national requirements for preventing and control pollution of the Marine environment by ships and their related operations, and shall be promulgated and implemented after being submitted to The State Council for approval.

The plans for emergency capacity building of coastal provinces for prevention and control of Marine environment pollution by ships and their relevant operations shall be formulated, promulgated and implemented by the people's governments of coastal provinces, autonomous regions and municipalities directly under the Central Government in accordance with the state plans for emergency capacity building for prevention and control of Marine environment pollution by ships and their relevant operations and their actual local conditions.

The plan for emergency capacity building of coastal cities for prevention and control of Marine environment pollution by ships and their relevant operations shall be formulated, promulgated and implemented by the people's government of a coastal city divided into districts on the basis of the plan for emergency capacity building of the local people's government for prevention and control of Marine environment pollution by ships and their relevant operations and the actual local conditions.

In formulating plans for emergency capacity building to prevent and control pollution of the Marine environment by ships and their related operations, pollution risks and emergency preparedness needs should be assessed, and the distribution of emergency response forces should be rationally planned.

The coastal maritime administrative organs at various levels shall actively assist and cooperate with the relevant local people's governments in completing the compilation of emergency capacity building plans.

Article 6 The Ministry of Transport and the local people's governments of coastal cities divided into districts or above shall, in accordance with the corresponding plans for emergency capacity building for prevention and control of pollution of the Marine environment by ships and their relevant operations, establish and improve the emergency preparedness and response mechanism for pollution accidents by ships, establish professional emergency response teams, and build special facilities, equipment and storage stores for pollution emergency response by ships.

Article 7 Coastal maritime administrative authorities at various levels shall, in accordance with the requirements of preventing and controlling pollution of the Marine environment by ships and their relevant operations, establish and improve, in conjunction with the competent departments of Marine affairs, a monitoring and surveillance mechanism for pollution of the Marine environment by ships and their relevant operations, and strengthen monitoring and surveillance of such pollution by ships and their relevant operations.

Ports, wharves, loading and unloading stations and units engaged in ship repair shall be equipped with pollution monitoring facilities and pollutant receiving facilities commensurate with the types of cargo they load and unload, their handling capacity or their ship repair capacity, and shall keep them in good condition.

Article 8 The Ministry of Transport shall, in accordance with the national general emergency plan for public emergencies, formulate the State special emergency plan for preventing and controlling pollution of the Marine environment by ships and their related operations.

The people's governments of coastal provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the state special emergency plan for prevention and control of Marine environment pollution by ships and their related operations, formulate emergency plans at the provincial level.

The people's governments of cities divided into coastal districts shall, in accordance with the emergency preplans for prevention and control of Marine environment pollution by ships and their relevant operations at the provincial level where they are located, formulate emergency preplans for prevention and control of Marine environment pollution by ships and their relevant operations at the municipal level.

The Ministry of Transport and the local people's governments of cities divided into districts and above in coastal areas shall regularly organize exercises for emergency preplans to prevent and control pollution of the Marine environment by ships and their related operations.

Article 9 The owners, operators and managers of vessels of Chinese nationality and the relevant operating units shall, in accordance with the guidelines for the preparation of emergency preplans formulated by the State maritime administrative authority, formulate or revise emergency preplans for the prevention and control of pollution of the Marine environment by vessels and their related operations, and submit them to the maritime administrative authority for approval.

The operators of ports, docks and loading and unloading stations shall formulate emergency preplans for the prevention and control of pollution of the Marine environment by ships and their related operations and submit them to the maritime administrative authorities for the record.

The vessel and the relevant operation unit shall organize emergency exercises regularly in accordance with the emergency plans formulated, evaluate the emergency plans according to the situation of the exercises, revise the emergency plans timely in light of the actual needs and situation changes, and truthfully record the exercise, evaluation results and revision of the emergency plans.

Article 10 Pollution prevention facilities, equipment and materials of vessels of Chinese nationality shall conform to the relevant State standards and pass type and serviceable performance tests in accordance with the relevant requirements of the State. The units that produce or supply such facilities, equipment and materials and their inspection certificates shall be filed with the State maritime administrative authority for the record.

The state maritime administrative authority shall promptly publicize to the public the installations, equipment and materials for the prevention and control of pollution from ships that meet the relevant State standards and their production units.

Chapter III Special acceptance

Article 11 Ports, docks, loading and unloading stations and units engaged in ship repair, salvage and dismantling shall, in accordance with the requirements of the Ministry of Transport, formulate management systems for safe operation and pollution prevention and control, and equip themselves with necessary pollution prevention and control equipment in accordance with the state norms and standards for the prevention and control of Marine environment pollution by ships and their related operations. To ensure that pollution prevention and control equipment and devices meet the requirements for preventing and controlling pollution of the Marine environment by ships and their related operations, and pass the special acceptance examination by the maritime administrative authorities.

The equipment and materials for the prevention and control of pollution mentioned in the preceding paragraph shall meet the requirements for the prevention and control of pollution of the Marine environment by ships and their related operations. The term refers to the equipment and materials for the prevention and control of pollution provided by ports, docks, loading and unloading stations, as well as by units engaged in relevant operations such as ship repair, salvage and dismantling. It shall be able to adapt to the type of cargo loaded and unloaded, handling capacity, pollution monitoring and monitoring capacity necessary for repair, salvage and dismantling activities, the ship's capacity to receive and treat pollutants, and the ship's capacity for emergency treatment of pollution accidents.

Article 12 When applying for special acceptance inspection, the units at ports, wharves, loading and unloading stations, as well as those engaged in ship repair, salvage or dismantling shall meet the following conditions:

(1) It has, in accordance with the requirements of the Ministry of Transport, formulated and implemented a management system for safe operation and pollution prevention and control;

(2) It has been equipped with relevant equipment and materials for the prevention and control of pollution from ships in accordance with the relevant technical norms and standards promulgated by the Ministry of Transport, and has completed the commissioning of major equipment and materials for the prevention and control of pollution from ships;

(3) To provide explanatory materials indicating that the equipment and materials equipped with the prevention and control of pollution from ships and their relevant operations meet the requirements for prevention and control of pollution from ships and the Marine environment and can operate normally;

(4) The special acceptance application report has been completed and the relevant information is complete.

Article 13 A unit applying for special acceptance inspection shall submit an application for special acceptance inspection to the local maritime administrative department directly under the maritime administration, and submit application materials proving that the conditions specified in Article 12 are met.

Article 14 The maritime administrative authority responsible for the special acceptance shall solicit the opinions of the port, environmental protection, design and other units in the course of the special acceptance.

The special acceptance inspection shall conduct a comprehensive inspection of the equipment and equipment for prevention and control of pollution from ships, and evaluate whether it meets the requirements for prevention and control of pollution of the Marine environment by ships and their related operations.

Article 15 The special acceptance inspection organized by the maritime administrative authority shall be completed within 20 days from the date of receiving the application, and a decision shall be made on whether the special acceptance inspection is passed or not. If the work cannot be completed within 20 days, it may be extended by 10 days upon approval of the person in charge of the maritime administrative agency.

The maritime administrative authorities shall timely publicize to the public the ports, wharves and loading and unloading stations that have passed the special inspection and acceptance, as well as the units engaged in ship repair, salvage or dismantling.

Where the special acceptance inspection fails, the applying unit shall make rectification within a time limit according to the handling opinions put forward by the maritime administrative authority, and shall resubmit an application for special acceptance inspection in accordance with these Provisions.

Article 16 A unit that has passed the special acceptance inspection shall reapply for the special acceptance inspection in accordance with the requirements of these Provisions under the following circumstances:

(1) Major changes occur in the reconstruction or expansion of a port, wharf, loading and unloading station or other construction project;

(2) There is a major change in the operational activities undertaken by the vessel repairing, salvaging or dismantling unit.

Article 12 When applying for special acceptance inspection, the units at ports, wharves, loading and unloading stations, as well as those engaged in ship repair, salvage or dismantling shall meet the following conditions:

(1) It has, in accordance with the requirements of the Ministry of Transport, formulated and implemented a management system for safe operation and pollution prevention and control;

(2) It has been equipped with relevant equipment and materials for the prevention and control of pollution from ships in accordance with the relevant technical norms and standards promulgated by the Ministry of Transport, and has completed the commissioning of major equipment and materials for the prevention and control of pollution from ships;

(3) To provide explanatory materials indicating that the equipment and materials equipped with the prevention and control of pollution from ships and their relevant operations meet the requirements for prevention and control of pollution from ships and the Marine environment and can operate normally;

(4) The special acceptance application report has been completed and the relevant information is complete.

Article 13 A unit applying for special acceptance inspection shall submit an application for special acceptance inspection to the local maritime administrative department directly under the maritime administration, and submit application materials proving that the conditions specified in Article 12 are met.

Article 14 The maritime administrative authority responsible for the special acceptance shall solicit the opinions of the port, environmental protection, design and other units in the course of the special acceptance.

The special acceptance inspection shall conduct a comprehensive inspection of the equipment and equipment for prevention and control of pollution from ships, and evaluate whether it meets the requirements for prevention and control of pollution of the Marine environment by ships and their related operations.

Article 15 The special acceptance inspection organized by the maritime administrative authority shall be completed within 20 days from the date of receiving the application, and a decision shall be made on whether the special acceptance inspection is passed or not. If the work cannot be completed within 20 days, it may be extended by 10 days upon approval of the person in charge of the maritime administrative agency.

The maritime administrative authorities shall timely publicize to the public the ports, wharves and loading and unloading stations that have passed the special inspection and acceptance, as well as the units engaged in ship repair, salvage or dismantling.

Where the special acceptance inspection fails, the applying unit shall make rectification within a time limit according to the handling opinions put forward by the maritime administrative authority, and shall resubmit an application for special acceptance inspection in accordance with these Provisions.

Article 16 A unit that has passed the special acceptance inspection shall reapply for the special acceptance inspection in accordance with the requirements of these Provisions under the following circumstances:

(1) Major changes occur in the reconstruction or expansion of a port, wharf, loading and unloading station or other construction project;

(2) There is a major change in the operational activities undertaken by the vessel repairing, salvaging or dismantling unit.

Chapter IV Units for Pollution Removal from Ships

Article 17 The term "vessel pollution removal unit" refers to the unit that has obtained the appropriate qualification in accordance with these Provisions and has signed a pollution removal agreement with the vessel to provide the vessel with emergency prevention and treatment services for pollution accidents.

According to the different service areas and pollution removal capacity, the capacity of ship pollution removal units is divided into four levels from high to low, among which:

(1) first-level units may provide emergency services for ships in the sea areas under our jurisdiction for pollution accidents involving oil spill and other hazardous goods leakage of liquid pollution in bulk;

(2) secondary units may provide emergency services for ships in case of pollution caused by oil spill or other hazardous goods leakage of liquid pollution in bulk in the sea areas under our jurisdiction within 20 nautical miles from shore;

(3) third-level units can provide emergency oil spill services for ships in the waters of the port area;

(4) Fourth-level units can provide oil spill emergency services for ships in an operation area within the waters of the port area or in the waters near an independent wharf.

Article 18 Units engaged in pollution removal from ships shall meet the following conditions and be approved by the maritime administrative authority:

(1) The emergency decontamination capacity shall meet the Requirements of the Emergency Decontamination Capacity of Ship Pollution Removal Units (Annex);

(2) the pollution removal operation plan formulated conforms to the requirements for preventing and controlling pollution of the Marine environment by ships and their related operation activities;

(3) The plans for the treatment of pollutants shall comply with the relevant State regulations on the prevention and control of pollution.

Article 19 A unit that applies for the qualification of vessel pollution removal operations shall submit application materials to the local maritime administrative agency directly under the maritime administration to prove that it meets the requirements set out in Article 18.

After accepting the application, the directly affiliated maritime administrative authority shall conduct on-site verification on whether the applicant meets the conditions stipulated in Article 18 of these Provisions.

With regard to the units whose applications are at grade II, III or IV, the directly affiliated maritime administrative authority shall, within 30 days from the date of acceptance, make a decision on approval or disapproval, and place the units at Grade II with the state maritime administrative authority for the record.

With respect to the unit whose application level is level 1, the maritime administrative agency directly under the maritime administration shall submit the on-site inspection report to the State maritime administrative agency. The state maritime administrative authority shall, within 30 days from the date of acceptance of the application, make a decision on approval or disapproval.

To the approved vessel pollution removal unit, the maritime administrative authority shall issue a Qualification Certificate of Vessel Pollution Removal Unit; In case of disapproval, the applicant shall be notified in writing and given reasons.

Article 20 The Qualification Certificate of a Vessel Pollution Removal Unit shall clearly state the name of the vessel pollution removal unit, the name of its legal representative, the address, the level of competence, the service area, the term of validity and other relevant matters. The validity period of the Qualification Certificate of Ship Pollution Removal Unit is 3 years.

The vessel pollution removal unit shall provide services within the capacity level and service area specified in the qualification certificate.

The directly affiliated maritime administrative authority shall, in a timely manner, publish to the public the names, grades and service areas of the qualified ship pollution removal units under its jurisdiction.

Article 21 Where the items recorded in the Qualification Certificate of a Ship Pollution Removal Unit are altered, the ship pollution removal unit shall apply to the original maritime administrative authority that issued the certificate for the alteration. Where the level of competence and service area are changed, a new application shall be filed in accordance with these Provisions.

Article 22 A vessel pollution removal unit shall, 30 days before the expiry date of the Qualification Certificate of a Vessel Pollution Removal Unit, apply to the maritime administrative agency that issued the original certificate for the renewal of the Qualification Certificate of a Vessel Pollution Removal Unit. The relevant maritime administrative authority shall, within 30 days from the date of accepting the application for renewal, make a decision on approval or disapproval.

Article 23 In any of the following circumstances, the relevant maritime affairs shall be administered