The "Decision of the Ministry of Transport on Amending the Regulations of the People's Republic of China on the Prevention and Control of Marine Environmental Pollution by Ships and Related Operations" was adopted at the 8th ministerial meeting on May 17, 2017 and is hereby announced.

Minister 　 Li Xiaopeng

May 23, 2017

Original link to the website of the Ministry of Transport

　　The Ministry of Transport has decided to make the following amendments to the “Administrative Regulations of the People’s Republic of China on the Prevention and Control of Marine Environmental Pollution by Ships and Related Operations” (Order of the Ministry of Transport 2016 No. 83):

1. Article 1 is amended to read: "In order to prevent and control the pollution of the marine environment by ships and their related operations, in accordance with the Marine Environmental Protection Law of the People’s Republic of China, the Air Pollution Prevention and Control Law of the People’s Republic of China, and the Prevention and Control of Marine Environmental Pollution by Ships of the People’s Republic of China These regulations are formulated in the Regulations of the People’s Republic of China and international treaties concluded or acceded to by the People’s Republic of China.”

2. Article 9 is amended to read: "Ships engaged in the following operations shall comply with relevant laws, regulations, standards and relevant operating procedures, implement safety and pollution prevention measures, and specify the types of operations, operating hours, operating locations, and operating procedures prior to operations. Information such as the name of the unit and ship is reported to the maritime administrative agency; if the operation information is changed, it shall be reported in time:

　　 (1) Performing outboard shoveling, painting or using incinerators in coastal ports;

　　 (2) Washing, cleaning, purging, and discharging garbage, domestic sewage, residual oil, oily sewage, sewage containing toxic and hazardous substances and other pollutants and ballast water in the port area;

　　(3) Washing decks stained with pollutants, toxic and harmful substances;

　　(4) Dismantling, salvaging, repairing, and other water and underwater ship construction operations on the water;

　　 (5) Performing ship fuel supply and reception operations. "

3. Amend Article 10 to read: "To carry out operations involving clearing of cargo tanks of oil tankers of more than 30,000 dwt, transshipment of hazardous cargoes with bulk liquid pollution of more than 10,000 tons, salvage of sunken ships, and oil tanker dismantling, etc., which pose a greater risk of pollution. In the event, the operator shall conduct a feasibility study of the operation plan and accept the inspection of the maritime administrative agency during the operation."

4. One paragraph is added to Article 12 as the second paragraph: “Ships sailing, berthing, and operating in the ship emission control area shall also comply with the requirements of air pollution prevention and control in the ship emission control area. Ships shall use low-sulfur fuel oil or use low-sulfur fuel oil or Alternative measures such as shore power, clean energy, and exhaust gas after-treatment devices are used to meet ship air emission control requirements."

5. Amend Article 15 to read: "The receiving unit of ship pollutants that receives ship garbage, residual oil, oily sewage, sewage containing toxic and hazardous substances and other pollutants shall report the operating time, operating location, and operating unit prior to the operation. , The operating vessels, the types and quantities of pollutants, the methods and destinations to be disposed of, etc. shall be reported to the maritime administrative agency. If the reception and treatment status changes, it shall be reported in time.

　　 If the port establishes a combined single system for the supervision of the receiving, transshipment, and disposal of ship pollutants, the ship and the ship pollutant receiving unit shall report the receiving, transshipment and disposal of ship pollutants to the relevant competent authority in accordance with the requirements of the combined single system. "

　　6. ​​The "shall comply with relevant national standards and regulations" in Article 16 is amended to "should prepare an operation plan and comply with relevant national standards and regulations".

7. Amend Article 17 to read: "The ship pollutant receiving unit shall issue a pollutant receiving document to the ship after the pollutant receiving operation is completed, which shall be signed and confirmed by both parties and retained for at least 2 years. The pollutant receiving document is on The name of the operating unit, the names of both parties to the operation, the time and place of the start and end of the operation, and the type and quantity of pollutants should be indicated.

　　The ship shall keep the pollutant receipt documents in the corresponding record book. "

　　8. In the second paragraph of Article 24, "vessels may enter and leave the port, transit stop, or carry out loading and unloading operations" is amended to "vessels may enter or leave the port or transit stop".

　　9. One article is added as Article 40: “The ship shall report the type and quantity of fuel consumed in the previous voyage, the power of main engine, auxiliary engine and boiler, and operating time and other information to the maritime administrative agency in accordance with regulations before leaving the port.

　　 If a ship converts low-sulfur fuel oil in accordance with the requirements of the ship's emission control area or adopts alternative measures such as shore power, clean energy, exhaust gas after-treatment devices and other alternative measures to meet the ship's air emission control requirements, it shall truthfully record it in accordance with the regulations. "

　　 10. Amend the "Certificate of Receipt of Pollutants" in Paragraph 1 of Article 45 to "Certificate of Receipt of Pollutants". The second paragraph is amended to read: "If the oil stored in the fuel oil tank or cargo oil tank of a ship needs to be delivered and stored by transfer, it shall comply with the requirements of this regulation on the transfer of cargoes with hazardous bulk liquid pollution." Add a new paragraph, As the third paragraph: "Shipbuilding and repairing yards shall establish a management system for the prevention and control of marine environmental pollution by ships, and take necessary protective measures to prevent marine environmental pollution during ship repair and construction."

11. One article is added as Article 52: "If a vessel fails to report the relevant situation to the maritime administrative agency in accordance with the regulations in violation of Articles 9 and 40 of these regulations, the maritime administrative agency shall give a warning; the circumstances are serious If it does, a fine of less than 20,000 yuan shall be imposed."

12. Amend Article 54 to read: "In violation of these regulations, the receiving unit of ship pollutants conducts ship garbage, residual oil, oily sewage, sewage containing toxic and hazardous substances and other pollutants, and fails to prepare an operation plan and comply with relevant regulations. If the operating procedures and necessary pollution prevention measures are taken, the maritime administrative agency shall impose a fine of 10,000 yuan up to 50,000 yuan; if it causes marine environmental pollution, a fine of 50,000 yuan up to 250,000 yuan shall be imposed."

13. Amend the second paragraph of Article 55 to read: "(2) The ship pollutant receiving unit fails to report the ship pollutant reception status to the maritime administrative agency in accordance with the regulations, or fails to issue a pollutant receiving document to the ship in accordance with the regulations of".

　　 14. Delete "carry out loading and unloading" in Article 56.

　　 15. The "Pollutant Receipt Certificate" in Paragraph 1 of Article 58 is amended to "Pollutant Receipt Document". One paragraph is added as the second paragraph: "If a ship's fuel supply unit fails to conduct fuel supply and receiving operations in accordance with the relevant safety and pollution prevention regulations, or if the ship's fuel provided exceeds the standard, the maritime administrative agency shall request rectification and notify the relevant competent authority. ."

　　 Article serial number shall be adjusted accordingly.

　　 This decision will be implemented on May 23, 2017.

　　 The "Administrative Regulations of the People's Republic of China on the Prevention and Control of Pollution of the Marine Environment by Ships and Their Related Operations" shall be revised and reissued according to this decision.

Regulations of the People's Republic of China on the Administration of the Prevention and Control of Pollution of the Marine Environment by Ships and Related Operations

(On November 16, 2010, the Ministry of Transport issued the “Decision on Amending the Regulations on the Prevention and Control of Marine Environmental Pollution by Ships and Related Operations of the People’s Republic of China” on August 31, 2013. The first amendment was based on 2013. On December 24, 2016, the “Decision on Amending the Regulations of the People’s Republic of China on the Prevention and Control of Marine Environmental Pollution by Ships and Related Operations” was revised for the second time. The Decision of the People’s Republic of China on the Prevention and Control of Marine Environmental Pollution by Ships and Related Operations Provisions> Decision" Fourth Amendment)

Chapter One 　 General Principles

Article 1 In order to prevent and control the pollution of the marine environment by ships and their related operations, in accordance with the Marine Environmental Protection Law of the People’s Republic of China, the Law of the People’s Republic of China on the Prevention and Control of Air Pollution, the Regulations of the People’s Republic of China on the Prevention and Control of Marine Environmental Pollution by Ships and the People’s Republic of China International treaties concluded or acceded to formulate these regulations.

　　 Article 2 　 The prevention and control of pollution by ships and their related operations in the sea areas under the jurisdiction of the People's Republic of China shall be governed by these regulations.

The relevant operation activities mentioned in these regulations refer to ship loading and unloading, bargeing, tank cleaning, tank washing, oil supply and reception, repair, salvage, dismantling, packing and tank filling of polluting hazardous cargo, pollution removal, and other water and underwater Ship construction operations and other activities.

　　Article 3　The competent department of transportation under the State Council is in charge of the prevention and control of pollution of the marine environment by ships and related operations throughout the country.

　　The National Maritime Administration is responsible for the supervision and management of the prevention and control of pollution of the marine environment by ships and related operations throughout the country.

　　 According to their duties and powers, maritime administrative agencies at all levels are specifically responsible for the supervision and management of the prevention and control of pollution of the marine environment by ships and their related operations in their jurisdiction.

Chapter 2 General Provisions

　　Article 4　The structure, equipment, and equipment of a ship shall comply with the requirements of the country's ship inspection regulations for the prevention and control of pollution of the marine environment by ships and the requirements of international treaties concluded or acceded to by the People's Republic of China, and obtain corresponding certificates of conformity in accordance with national regulations.

　　Article 5　 Vessels shall, in accordance with laws, administrative regulations, the provisions of the competent department of transportation under the State Council, and the requirements of international treaties concluded or acceded to by the People’s Republic of China, obtain and carry with them corresponding certificates and documents for the prevention and control of marine environment pollution by vessels.

　　 The maritime administrative agency shall publish to the public the list of certificates and documents specified in the first paragraph of this article, and update it in a timely manner.

Article 6 The certificates and documents for the prevention and control of marine environment pollution held by ships of Chinese nationality shall be issued by the State Maritime Administration or an agency recognized by them; the certificates and documents for the prevention and control of marine environment pollution held by ships of foreign nationality shall be in accordance with the People’s Republic of China The requirements of international treaties concluded or acceded to.

Article 7 Crew members shall have the corresponding professional knowledge and skills to prevent and control ship pollution to the marine environment, participate in corresponding training and examinations in accordance with relevant laws, administrative regulations, and rules, and hold a valid certificate of competency or corresponding training qualification certificate. .

　　 Units engaged in relevant operation activities shall organize their own operators to conduct professional training on operating skills, equipment use, operating procedures, safety protection and emergency response, etc., to ensure that operators have professional knowledge and skills related to safety and pollution prevention.

　　 Article 8 　 Ports, wharves, loading and unloading stations and units engaged in ship repair and building operations shall be equipped with corresponding pollution monitoring facilities and pollutant receiving facilities in accordance with relevant national standards.

　　 Ports, wharves, loading and unloading stations, and other units engaged in ship repairing, building, salvaging, dismantling and other related operations shall be equipped with corresponding pollution prevention equipment and equipment in accordance with relevant national standards.

Article 9 When a ship engages in the following operations, it shall comply with relevant laws, regulations, standards and relevant operating procedures, implement safety and pollution prevention measures, and provide information such as the type of operation, operation time, operation location, operation unit and name of the vessel before the operation. Report from the maritime administrative agency; if the operation information changes, it should be reported in time: 　　

　　 (1) Performing outboard shoveling, painting or using incinerators in coastal ports;

　　 (2) Washing, cleaning, purging, and discharging garbage, domestic sewage, residual oil, oily sewage, sewage containing toxic and hazardous substances and other pollutants and ballast water in the port area;

　　(3) Washing decks stained with pollutants, toxic and harmful substances;

　　(4) Dismantling, salvaging, repairing, and other water and underwater ship construction operations on the water;

　　 (5) Performing ship fuel supply and reception operations.

Article 10 The operator shall carry out operations that involve the clearing of cargo holds of oil tankers of more than 30,000 dwt, the transfer of hazardous cargoes polluted by bulk liquids of more than 10,000 tons, the salvage of sunken ships, and the dismantling of oil tankers, etc. The feasibility study of the scheme and the inspection by the maritime administrative agency in the operation activities.

　　Article 11: Any unit or individual who discovers that ships and related operations have caused or may cause pollution to the marine environment shall immediately report to the nearest maritime administrative agency.

Chapter III: Discharge and Receiving of Pollutants from Ships

Article 12 Ships navigating, berthing, and operating in the waters under the jurisdiction of the People’s Republic of China shall discharge ship garbage, domestic sewage, oily sewage, sewage containing toxic and hazardous substances, waste gas and other pollutants, as well as ballast water, and shall comply with laws, administrative regulations, and relevant regulations. Standards and provisions of international treaties concluded or acceded to by the People’s Republic of China.

　　 Ships sailing, berthing, and operating in the ship emission control area shall also comply with the requirements of air pollution prevention and control in the ship emission control area. Vessels should use low-sulfur fuel oil or adopt alternative measures such as shore power, clean energy, exhaust gas after-treatment devices, etc., to meet the ship's air emission control requirements.

　　Article 13 　Ships shall not discharge pollutants into marine nature reserves, special marine reserves, coastal scenic spots, important fishery waters, and other sea areas that need special protection.

　　 If the sea areas that require special protection as specified in the first paragraph of this article are established in accordance with the law, the ship pollutant receiving facilities and emergency equipment shall be installed in the appropriate areas.

　　Article 14　 Vessels shall discharge pollutants that do not meet the discharge requirements specified in Article 12 and are prohibited from being discharged into the sea according to law, into port reception facilities with corresponding receiving capabilities or entrust a ship pollutant receiving unit with corresponding receiving capabilities to receive them.

　　 Where a ship entrusts a ship pollutant receiving unit to carry out the pollutant receiving operation, the ship operator shall clearly designate the entrusted ship pollutant receiving unit before the operation.

Article 15 The receiving unit of ship pollutants carrying out ship garbage, residual oil, oily sewage, sewage containing toxic and hazardous substances and other pollutants shall report the operating time, operating location, operating unit, operating vessel, and type of pollutant before the operation. Report to the maritime administrative agency of the situation and the quantity, the method and destination of the proposed disposal. If the receiving and handling situation changes, it shall be reported in time.

　　 If the port establishes a combined single system for the supervision of the receiving, transshipment, and disposal of ship pollutants, the ship and the ship pollutant receiving unit shall report the receiving, transshipment and disposal of ship pollutants to the relevant competent authority in accordance with the requirements of the combined single system.

　　Article 16 　The ship pollutant receiving unit shall implement a safety and pollution prevention management system. When conducting pollutant reception operations, an operation plan shall be prepared, relevant national standards and regulations shall be complied with, and effective pollution prevention measures shall be taken to prevent the spillage of pollutants.

　　 Article 17 　 The ship pollutant receiving unit shall issue a pollutant receiving document to the ship after the pollutant receiving operation is completed, which shall be signed and confirmed by both parties and retained for at least 2 years. The pollutant receiving document shall indicate the name of the operating unit, the names of both parties to the operation, the time and place of the start and end of the operation, and the type and quantity of pollutants.

　　The ship shall keep the pollutant receipt documents in the corresponding record book.

　　 Article 18 　 Ships carrying out operations involving the disposal of pollutants shall fill in the corresponding record books in a standardized manner and record truthfully, and truly reflect the amount of pollutants generated during the operation of the ship, the disposal process and the destination. In accordance with laws, administrative regulations, and the State Council’s transportation supervisor