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Regulation

The Regulations on Administration of Prevention and Control to the Marine Environment by Vessels (selected articles)
( For full version of the regulation, please click here )

Article 14: The shipowner or operator, or relevant operating unit shall formulate the emergency response plan and shall report the same to the maritime administrative institution for examination and approval.

Article 15: Vessel garbage, domestic sewage, oily sewage, sewage containing poisonous and harmful substances, waste gas or other pollutants and ballasting water discharged by vessels in the sea areas under the jurisdiction of the People’s Republic of China shall comply with the laws, administrative regulations and the requirements and standards of the international conventions concluded or acceded to by the People’s Republic of China.

Pollutants inconsistent with the aforesaid discharging standards and requirements shall be discharged into the port reception facilities by vessels, or be received by the pollutant receiving unit.

No vessel may discharge any pollutant in the marine nature reserve, seaside scenic area, important fishing waters, and other sea waters designated by law that require special protection.

Article 32: Those dumping wastes in the sea by applying vessels shall submit the document of approval issued by the marine administrative department to the maritime administrative institution at the place where the port of departure is located. Furthermore, the endorsement on departure of the vessel shall be issued upon confirmation.

The vessel shall keep accurate records for the dumping of waste in the sea, and shall submit the written report to the maritime administrative institution at the place where the port of departure is located when she returned to the port.

Article 33: The operators of ships carrying polluting and hazardous cargoes in bulk and other ships above 10,000GT should conclude pollution response contract with oil spill response organization approved by the MSA before entering into or departing from a Chinese port, or handle relevant operations.

Article 37: If a vessel has caused pollution accident in sea waters under the jurisdiction of the People’s Republic of China or that outside the jurisdiction of the People’s Republic of China which caused or may cause the pollution to the sea waters under the jurisdiction of the People’s Republic of China, she shall start to carry out the emergency plans immediately, take measures to control and clean up the pollution, and report to the nearest maritime administrative institution.

Article 42: In case of any vessel-induced pollution accident, the maritime administrative institution may take necessary pollution prevention measures so as to minimize the pollution damage, including pollution clean-up, salvage, towing, piloting, lightering, and other emergency disposal measures, and all the expenses arising therefore shall be borne by the vessel or the operating unit which is held to be liable for pollution accident.

The vessel which is required to bear the aforesaid expenses shall make payment prior to the resumption of her voyage or provide corresponding financial guarantee.

Article 52 :The limit of liability for the oil pollution accidents shall be subject to the provisions on the limitation of liability for maritime claims in the Maritime Code of the People’s Republic of China. Provided that, where the persistent oil substance in bulk carried on vessel results in pollution to waters under the jurisdiction of the People’s Republic of China, the limit of liability shall be subject to provisions of relevant international conventions concluded or joined by the People’s Republic of China.

The persistent oil substance referred to in the preceding paragraph means any persistent hydrocarbon mineral oil.

Article 53 Owners of vessels navigating in the waters under the jurisdiction of the People’ Republic of China shall, according to provisions of the administrative department of communications of the State Council, cover the insurance of civil liability for oil pollution damage by vessel or obtain the corresponding financial guarantee, except for those vessels of less than 1,000 tonnages which carry the non-oil substance.

The amount of the insurance of civil liability for oil pollution damage by vessel or of the corresponding financial guarantee obtained by the owner of a vessel shall be no less than the limit of liability for oil pollution provided for in the Maritime Code of the People’s Republic of China and relevant international conventions concluded or joined by the People’s Republic of China.

Commercial insurance and mutual insurance institutions which undertake the insurance of civil liability for oil pollution damage by vessel will be determined and published after the state maritime administrative institution soliciting the opinions of the state insurance supervision and administrative institution.

Article 55: In case of any oil pollution accident, necessary expenses arising from emergency handling and pollution clean-up conducted by relevant entities under the organization of the state shall be paid with priority in the compensation for the damage due to oil pollution caused by vessels.

 
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