Chapter I General Provisions
Article 1The Provisions on Control of Targeting Ships (hereinafter referred to as the Provisions) are formulated in accordance with Maritime Traffic Safety Law of the People’s Republic of China, Marine Environment Protection Law of the People’s Republic of China, Regulations of the People’s Republic of China on the Administration of Traffic Safety on Inland Waters, and Ship Safety Inspection Rules of the People’s Republic of China for the purpose of ensuring the safety of life and property at sea, promoting ship safety , preventing marine pollution from ships, and enhancing the control of targeting ships,.
Article 2The Provisions apply to ships flying Chinese flag, and foreign ships that sail, berth, or operate at ports (including mooring points at sea), inland waters and territorial sea of the People’s Republic of China.
The Provisions do not apply to military ships, police ships, fishing vessels, and sports crafts.
Article 3The Maritime Safety Administration of the People’s Republic of China (hereinafter referred to as China MSA) is responsible for the coordination and administration of the control of targeting ships, and for releasing and updating the list of targeting ships.
Regional MSAs and local MSAs are responsible for the control of targeting ships and supervision of the ships’ companies in their respective jurisdictions and submitting the list of targeting ships to China MSA.
MSA branches are responsible for the inspection and safety assessment of targeting ships, and submitting the draft list of targeting ships and related materials to the regional MSAs and local MSAs.
Chapter II Targeting Ships
Article 4Targeting ships include:
1. ships flying Chinese flag detained twice within 12 months in safety inspection (including Port State Control) and foreign ships detained twice within 12 months in Port State Control by China MSA;
2. ships refusing to cooperate after violating laws and regulations;
3. ships with certificates that are forged, altered, transferred, bought, or leased, or ships of which the structure and arrangement have been altered without approval by the competent authorities;
4. all ships of a shipping company involved in a marine casualty with 5 or more persons lost or missing，and found to have major problems in safety management after investigation;
5. all ships of a shipping company of which one third of ships flying Chinese flag are listed as targeting ships; and
6. other ships designated by China MSA as targeting ships.
Article 5 Upon finding a ship under any of the circumstances as specified in paragraph 1 to 5 of Article 4, a MSA branch should provide the relevant information to the regional or local MSA within 3 working days.
Upon finding a ship under any of the circumstances as specified in paragraph 1 to 5 of Article 4, or receiving information from a branch, a regional or local MSA should verify the information as soon as possible and provide the information to China MSA within 5 working days.
Article 6China MSA should verify the information, approve the list of targeting ships, and release the list on its website.
Article 7 MSAs at all levels should enhance the control and conduct more-detailed inspection of targeting ships in the latest list.
Chapter III Control of Targeting Ships Flying Chinese Flag
Article 8Flag State Control (FSC) of targeting ships by MSA branches should not be influenced by factors such as sailing schedule, loading/unloading, etc, and should be conducted in each calling port if condition permits. The MSA should specify in the Ship Visa Book when the inspection is not conducted.
Article 9 MSA should enhance the control of the management companies with targeting ships. Rectification measures by the ships and companies shall be covered by the safety management system (SMS) audits.
Article 10A shipping company may apply for removal from the targeting ships list (the application form is in the annex)to the MSA at the port of registry 3 months after its ship is listed, with a rectification report of the company.
Article 11MSA at the port of registry should initiate an assessment of technical conditions of the ship upon reception of a removal application. The assessment includes:
.1 the rectification by the shipping company;
.2 the technical conditions of the ship; and
.3 any reoccurrence of circumstances in Article 4 after being listed etc.
Article 12If the assessment indicates the ship can be removed from the list, MSA at the port of registry should provide relevant information to the regional or local MSA within 3 working days after the assessment. After verifying the information provided, the regional or local MSA should report to China MSA within 5 working days.
After verification of relevant information, China MSA may approve a removal of the ship from the list.
Article 13 MSA at the port of registry should monitor and assess the technical conditions of the targeting ships registered within its jurisdiction, and if necessary, can conduct the assessment and inspection in ports other than the port of registry,.
Chapter IV Control of Foreign Targeting Ships
Article 14 Port State Control (PSC) of foreign targeting ships should not be influenced by factors such as sailing schedule, loading/unloading, etc, and should be conducted in each calling port if condition permits. The reason should be reported to regional MSA when the inspection is not conducted.
Article 15 Where a targeting ship is found to have no deficiency in the PSC in China, the MSA conducting such PSC should provide relevant information to the regional MSA within 3 working days.
After verifying the information provided, the regional MSA should report to China MSA within 5 working days.
After verification of relevant information, China MSA may approve a removal of the ship from the list.
Chapter V Supplementary
Article 16MSA at all levels should provide the information required above in Ship Management System. If the system is not available, MSAs should provide the information in the forms given in the annexes.
Article 17MSA at all levels should keep record of the inspections to targeting ships, including relevant written materials.
Article 18In spite of any change in the particulars of a targeting ship, such as name, management company or port of registry, etc, the ship remains a targeting ship.
Article 19 Shipping Companymeans the Owner of the ship or any other organization or person such as the Manager, or the Bareboat Charterer, who has assumed the responsibility for operation of the ship from the Ship owner and who on assuming such responsibility has agreed to take over all the duties and responsibility imposed by the International Safety Management (ISM) Code or the National Safety Management (NSM) Code of China.
Article 20 The power of interpretation of the Provisions shall be vested in China MSA.
Article 21The Provisions enters into force on September 1st, 2013.
Annex 1
Ship to Be Listed as a Targeting Ship
1.Ship’s name
2.Port of Registry
3.Type of Ship
4.Gross tonnage
5.Date of Build
6. Initial Registry No.
7.RO/Ship Survey Institution
8.MMSI
9.IMO NO./Ship Identification No.
10. Owner
11. Management Company
12.Operator
(Company Identification No., if any)
13.Main reason of being listed as a targeting ship:
Comment of initial reporting maritime administration:
(stamp)
DATE: YY MM DD
Comment of regional or local MSA:
(stamp)
DATE: YY MM DD
Comment of China Maritime Safety Administration：
(stamp)
DATE: YY MM DD
Annex 2
Application for Removal from List of Targeting Ships
Maritime Safety Administration:
According to the Provisions on Control of Targeting Ships, the following ship has made rectification as required. Now it’s applying to be removed from the list of targeting ships. Here is relevant information:
1.Ship’s name
2.Port of Registry
3.Type of Ship
4.Gross Tonnage
5.Date of Build
6.Initial Registry No.
7.MMSI
8.IMO NO./Ship Identification No.
9.RO/ Ship Survey Institution
10.Ship Owner
11.Ship Operator
12.Ship Management Company
13. Reason for removal from list of targeting ships and rectification report (a detailed report could be attached):
Company (stamp)
DATE： YY MM DD
Annex 3
Ship to be Removed from List of Targeting Ships
1.Ship’s name
2．Nationality/
Port of Registry
3. Type of Ship
4.Gross Tonnage
5.Date of Build
6.Initial Registry No.
7. RO/ Survey Institution
8.MMSI
9. IMO No./
Ship Identification No.
10.MSA by which the ship was listed as targeting ship:
MSA branch：
Regional or local MSA:
11.Date of listing as targeting ship
12. Reason for removal from list of targeting ships:
Comment of initial reporting MSA:
(stamp)
DATE: YY MM DD
Comment of regional or local MSA:
(stamp)
DATE: YY MM DD
Comment of China MSA：
(stamp)
DATE: YY MM DD
(All information published in this website is authentic in Chinese. English is provided for reference only.)
