The "Decision on Amending the Regulations of the People's Republic of China on the Management of Emergency Preparedness and Emergency Handling of Marine Environmental Pollution by Ships" was adopted at the 15th ministerial meeting of the Ministry of Transport on September 21, 2018. It is hereby promulgated, as of the date of promulgation From implementation.

Minister of Transport Li Xiaopeng

September 27, 2018

Decision of the Ministry of Transport on Amending the "Management Regulations of the People's Republic of China on Emergency Preparedness and Emergency Response to Ship Pollution to the Marine Environment"

The Ministry of Transport has decided to make the following amendments to the "Management Regulations of the People's Republic of China on Emergency Preparedness and Emergency Response to Ship Pollution to the Marine Environment" (Order of the Ministry of Transport 2016 No. 84):

　　 1. In the first paragraph of Article 11, "and report to the maritime administrative agency for approval" is amended to "and report to the maritime administrative agency for record."

2. In case of “violating these regulations, if a ship fails to formulate an emergency plan to prevent and control the pollution of the marine environment by the ship and its related operations, or the emergency plan is not reported to the maritime administrative agency for approval, the maritime administrative agency shall impose a penalty of 20,000 yuan. The following fines" are amended to “in violation of these regulations, if a ship fails to formulate an emergency plan to prevent and control the pollution of the marine environment by the ship and its related operations, the maritime administrative agency shall impose a fine of less than 20,000 yuan. If the emergency plan is not reported to the maritime administrative agency for record, The maritime administrative agency shall order corrections within a time limit".

　　 This decision shall take effect on the date of promulgation.

　　 The "Regulations of the People's Republic of China on Emergency Preparedness and Emergency Disposal of Marine Environmental Pollution by Ships" shall be revised and re-announced according to this decision.

Provisions of the People's Republic of China on the Management of Emergency Preparedness and Emergency Response to Ship Pollution to the Marine Environment

(On January 27, 2011, the Ministry of Transport announced in accordance with the “Decision on Amending the Regulations of the People’s Republic of China on Emergency Preparedness and Emergency Handling of Marine Environmental Pollution by Ships” on December 24, 2013. The first amendment was based on 2014 On September 5, the Ministry of Transport "Decision on Amending the Regulations of the People’s Republic of China on the Management of Emergency Preparedness and Emergency Disposal of Ship Pollution to the Marine Environment" was revised for the second time in accordance with the Ministry of Transport’s "Regarding the Amendment to the People’s Republic of China The third amendment is based on the decision of the Ministry of Transport on December 13, 2016 to amend the “Management Regulations on Emergency Preparedness and Emergency Treatment of Marine Environmental Pollution by Ships”. The fourth amendment is based on the “Decision on Amending the “Regulations of the People’s Republic of China on the Management of Emergency Preparedness and Emergency Response to Ship Pollution to the Marine Environment” of the Ministry of Transport on September 27, 2018.)

Chapter One: General Rules

Article 1 In order to improve the emergency response capacity of ship pollution accidents, control, reduce and eliminate marine environmental pollution damage caused by ship pollution accidents, in accordance with the "Regulations of the People’s Republic of China on the Prevention and Control of Marine Environmental Pollution by Ships" and other relevant laws and administrative regulations and the People’s Republic of China Relevant international treaties concluded or acceded to shall formulate these regulations.

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

　　 If a ship has a pollution accident outside the waters under the jurisdiction of the People's Republic of China, which causes or may cause pollution in the waters under the jurisdiction of the People's Republic of China, these regulations shall also apply to its emergency preparedness and emergency treatment.

The “emergency response” mentioned in these regulations refers to the response actions taken to control, reduce, and eliminate pollution damage to the marine environment caused by ships when a ship pollution accident occurs or may occur; “emergency preparedness” refers to the effective development of emergency response And the relevant preparations taken in advance.

　　Article 3　The Ministry of Transport is in charge of emergency preparedness and emergency response to 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 unified implementation of emergency preparedness and emergency response to the pollution of the marine environment by ships and their related operations.

　　 Coastal maritime management agencies at all levels are responsible for the specific implementation of emergency preparedness and emergency response to prevent pollution of the marine environment by ships and their related operations in accordance with their respective responsibilities.

　　Article 4　Emergency preparedness and emergency response to the pollution of the marine environment by ships and their related operations shall follow the principles of unified leadership, comprehensive coordination, hierarchical responsibility, territorial management, and shared responsibility.

Chapter Two 　 Emergency Response Capacity Building and Emergency Response Plan

Article 5 The national emergency capacity building plan for the prevention and control of pollution of the marine environment by ships and related operations shall be organized by the transportation department of the State Council in accordance with the national needs for prevention and control of pollution of the marine environment by ships and related operations, and shall be published and implemented after being approved by the State Council. .

The coastal provinces, autonomous regions, and municipalities’ people’s governments shall organize the emergency capacity building plans for the coastal provinces, autonomous regions, and municipalities to prevent and control the marine environment pollution by ships and their related operations. Prepare and announce the implementation.

The coastal city-level emergency capacity building plan for the prevention and control of marine environmental pollution caused by ships and related operations shall be based on the local provincial people’s government’s emergency response capacity building plan for the prevention and control of marine environmental pollution caused by ships and related operations and local actual conditions. Level people’s government organizes the compilation and announces implementation.

　　 To prepare an emergency capacity building plan for the prevention and control of pollution of the marine environment by ships and their related operations, the pollution risk and emergency preparedness needs shall be assessed, and the emergency force building layout shall be planned reasonably.

　　 Coastal maritime administrative agencies at all levels shall actively assist and cooperate with relevant local people's governments to complete the preparation of emergency capacity building plans.

Article 6 The Ministry of Transport and the local people’s governments at or above the municipal level with coastal districts shall establish and improve emergency preparedness and response mechanisms for ship pollution accidents in accordance with the corresponding plans for the prevention and control of marine environmental pollution by ships and their related operational activities, and establish professional Emergency response team to build special facilities, equipment and equipment storage warehouses for ship pollution emergency response.

Article 7 The maritime administrative agencies at all levels in the coastal areas shall, in accordance with the needs of preventing and controlling the pollution of the marine environment by ships and their related operations, and the marine competent departments shall establish and improve the monitoring and monitoring mechanism for the pollution of the marine environment by ships and their related operations, and strengthen the monitoring and supervision of ships and their related operations. Monitoring and surveillance of pollution of the marine environment by relevant operational activities.

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

Article 8 Ports, wharves, loading and unloading stations, and units engaged in ship repairing, building, salvaging, dismantling and other operations shall formulate relevant management systems for safe operation and pollution prevention in accordance with the requirements of the Ministry of Transport, and in accordance with the relevant national prevention and control of ships and related operations Regulations and standards for pollution of the marine environment by activities, equipped with necessary pollution prevention equipment and equipment, to ensure that pollution prevention equipment and equipment meet the requirements for prevention and control of pollution of the marine environment by ships and their related operations.

Article 9 Ports, wharves, loading and unloading stations, and units engaged in ship repairing, building, salvaging, dismantling and other operations shall prepare reports to evaluate whether their ship pollution prevention and control capabilities are related to the type of cargo they load and unload, their throughput capacity, or ship repair, construction, salvage, and dismantling. It is compatible with the pollution monitoring and monitoring capabilities necessary for the activities, the receiving and processing capabilities of ship pollutants, and the emergency response capabilities of ship pollution accidents.

　　 When carrying out the inspection and acceptance of ports, wharves, and loading and unloading stations in accordance with the law, the competent department of transportation shall review the evaluation report and confirm that it has the ship pollution prevention and control capabilities corresponding to the operations it is engaged in.

　　 Article 10 　 The Ministry of Transport shall, in accordance with the national overall emergency response plan for public emergencies, formulate a national special emergency response plan for preventing and controlling pollution of the marine environment by ships and related operations.

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

　　The municipal people's government with districts along the coast shall formulate a municipal-level emergency plan for the prevention and control of pollution of the marine environment by ships and their related operations in accordance with the local provincial emergency plan for preventing and controlling the pollution of the marine environment by ships and their related operations.

　　The Ministry of Transport and local people's governments at or above the municipal level with districts along the coast shall organize regular drills of emergency plans for preventing and controlling pollution of the marine environment by ships and their related operations.

Article 11 Chinese ship owners, operators, and managers shall formulate or revise emergency plans for preventing and controlling pollution of the marine environment by ships and their related operations in accordance with the guidelines for the preparation of emergency plans formulated by the State Maritime Administration, and report them to the Maritime Administration Record.

　　 Ports, wharves, loading and unloading station operators and relevant operating units shall formulate emergency plans for the prevention and control of pollution of the marine environment by ships and their related operations, and report them to the maritime administration and environmental protection authorities for the record.

Ships and relevant operating units shall organize emergency drills on a regular basis in accordance with the prepared emergency plan, evaluate the emergency plan based on the drill situation, revise the emergency plan in a timely manner in accordance with actual needs and changes in the situation, and review the drill situation, evaluation results and revisions of the emergency plan Record truthfully.

　　 Article 12 　 The pollution prevention and control facilities, equipment and equipment of Chinese ships shall comply with relevant national standards and pass the type and performance inspection in accordance with relevant national requirements.

Chapter III 　 Ship Pollution Removal Units

Article 13 "A ship pollution removal unit refers to a unit that has the corresponding pollution removal capability and provides emergency preparedness and emergency response services for pollution accidents to ships.　　

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

　　 (1) The first-level unit can provide emergency services for ships in the waters under my country's jurisdiction for the leakage of oil spills and other bulk liquid pollution hazardous cargoes;

　　(2) The second-level unit is able to provide emergency services for ships in the area under my country's jurisdiction within 20 nautical miles from the shore for oil spills and other bulk liquid pollution hazardous cargo leakage and pollution accidents;

　　 (3) Level 3 units can provide ships with oil spill emergency services in port waters;

　　 (4) Level 4 units can provide ships with oil spill emergency services in a work area in the port area and in the water area near the independent wharf.

　　 Article 14 　 Units engaged in ship pollution removal shall meet the following conditions and accept the supervision and inspection of the maritime administrative agency:

　　 (1) The emergency cleanup capability meets the requirements of the "Requirements for the Emergency Cleanup Capability of Ship Pollution Removal Units" (see appendix);

　　 (2) The pollution removal operation plan formulated meets the requirements for prevention and control of pollution of the marine environment by ships and related operations;

　　(3) The pollutant treatment plan complies with the relevant national regulations on pollution prevention and control.

　　Article 15　The ship pollution removal unit shall announce the following information to the public and report it to the maritime administrative agency where the service area is located:

　　 (1) The pollution removal capability of this unit meets the report of the corresponding capability level and service area of ​​the "Requirements for Emergency Cleanup Ability of Ship Pollution Removal Units";

　　 (2) Pollution removal operation plan;

　　(3) Pollutant treatment plan;

　　 (4) Ship pollution removal facilities, equipment, equipment and emergency personnel;

　　 (5) The signing and implementation of the ship pollution removal agreement and the status of participating in the emergency handling of ship pollution accidents.

　　 If the pollution removal capacity of the ship pollution removal unit and the service area are changed, the change shall be announced to the public in a timely manner and reported to the maritime administrative agency where the service area is located.

Chapter 4 　 Signing the Ship Pollution Removal Agreement

Article 16 "For ships carrying bulk oil cargo, their operators shall sign a ship pollution removal agreement with the corresponding ship pollution removal unit before the ship enters the port or before loading, unloading, and bargeing operations outside the port, in accordance with the following requirements:

　　 (1) Ships of less than 600 gross tonnage that only sail or operate in port waters shall sign a ship pollution removal agreement with a ship pollution removal unit above Class 4;

　　 (2) Ships of 600 gross tonnage and 2,000 gross tonnage that only sail or operate in port waters shall sign a ship pollution removal agreement with a ship pollution removal unit above the third level;

　　 (3) Vessels of more than 2000 gross tonnage that only sail or operate in port waters, and all vessels entering and leaving ports and engaging in bargeing operations shall sign a ship pollution removal agreement with a ship pollution removal unit above the second level.

Article 17 For ships carrying hazardous cargoes with bulk liquid pollution other than oil, their operators shall sign agreements with the corresponding ship pollution removal unit in accordance with the following requirements before the ship enters the port or before loading, unloading, and bargeing operations outside the port: Ship pollution removal agreement:

　　 (1) Ships entering and leaving the port and ships engaged in bargeing operations in waters under the jurisdiction of my country within 20 nautical miles from the shore shall sign a ship pollution removal agreement with a ship pollution removal unit of level two or higher;

　　 (2) Ships carrying other bulk liquid pollution hazardous cargoes engaged in bargeing operations in waters under the jurisdiction of my country 20 nautical miles away from the shore shall sign a ship pollution removal agreement with the first-level ship pollution removal unit.

Article 18 For ships of more than 10,000 gross tonnage carrying non-bulk liquid pollution hazardous cargo, their operators shall, before the ship enters the port or before loading, unloading, and bargeing operations outside the port, in accordance with the following requirements and the corresponding ship pollution removal unit Sign the ship pollution removal agreement:

　　 (1) Ships of less than 20,000 gross tonnage entering and leaving the port shall sign a ship pollution removal agreement with a ship pollution removal unit above Class 4;

　　 (2) Ships entering and leaving the port of 20,000 gross tonnage and below 30,000 gross tonnage shall sign a ship pollution removal agreement with a ship pollution removal unit above the third level;

　　 (3) Vessels of more than 30,000 gross tonnage entering and leaving the port and vessels engaged in bargeing operations in waters under the jurisdiction of my country shall sign a vessel pollution removal agreement with a vessel pollution removal unit of level two or higher.

　　 Article 19 　 The standards for the classification of ships that sign pollution removal agreements with first and second level ship pollution removal units shall be determined by the national maritime administration agency.

　　Article 20　The State Maritime Administration shall formulate and publish a sample ship pollution removal agreement, clarifying the rights and obligations of both parties to the agreement.

　　 Ships and pollution removal units shall sign a ship pollution removal agreement in accordance with the sample agreement published by the State Maritime Administration.

　　 Article 21 　 The ship shall keep the signed ship pollution removal agreement on board for future reference, and present it to the maritime administrative agency when handling the ship’s entry and exit procedures or application for operations.

　　 If a ship discovers that the ship pollution removal unit has violated these regulations, or has not fulfilled the ship pollution removal agreement, it shall report to the directly affiliated maritime administration agency where the ship pollution removal unit is located.

Chapter 5: Emergency Response

Article 22 　 If a ship has a pollution accident or may cause pollution of the marine environment, the ship and the relevant operating unit shall establish