Article 1 The Detailed Rules are formulated in accordance with the provisions of the Regulations of the People's Republic of China on Administration of Prevention and Control of Marine Environment Pollution from Ships and the Regulations of the People's Republic of China on Emergency Preparedness and Response on Marine Environment Pollution from Ships (Hereinafter referred to as "the Regulations") for the purpose of effectively implementing the Regime of Agreement for Ship Pollution Response and regulating administration of ship pollution response organizations.
Article 2 The Detailed Rulesapply to qualification approval of ship pollution response organizations and conclusion, implementation as well as administration of the Agreement for Ship Pollution Response within the sea area under the jurisdiction of the People's Republic of China.
Article 3 The Maritime Safety Administration of the People's Republic of China (Hereinafter referred to as "China MSA") is the competent authority of implementing the Detailed Rules. Maritime Safety Administrations at all levels along the coast are in charge of the implementation of the Detailed Rules in accordance with their duties and responsibilities.
Article 10 The Maritime Safety Administration shall issue a Ship Pollution Response Qualification Certificate made by China MSA to the approved ship pollution response organization.
Article 15 The operator of a ship carrying oil in bulk shall, prior to entering into a port or cargo handling or ship-to-ship transfer operation outside a port, conclude an agreement with a qualified ship pollution response organization in accordance with the following requirements:
15.1 The operator of a ship of 600 GT or less only navigating or operating within port area shall conclude an agreement with a qualified ship pollution response organization of Level-4 or above.
15.2 The operator of a ship of 600-2,000 GT only navigating or operating within port area shall conclude an agreement with a qualified ship pollution response organization of Level-3 or above.
15.3 The operator of a ship of 2,000-10,000 GT only navigating or operating within port area, and any other ship of less than 10,000 GT entering into or leaving a port, and any ship engaged in cargo handling or ship-to-ship transfer operation within 20 nautical miles from shore shall conclude an agreement with a qualified ship pollution response organization of Level-2 or above.
15.4 The operator of a ship of 10,000 GT or above entering into or leaving a port and engaged in cargo handling or ship-to-ship transfer operation at a distance more than 20 nautical miles from shore under the jurisdiction of China shall conclude an agreement with a qualified ship pollution response organization of Level-1.
The operator of a ship only navigating or operating within port area shall, prior to the operation, conclude an agreement with a corresponding qualified ship pollution response organization in accordance with the requirements above.
Article 16 The operator of a ship carrying liquid cargo in bulk with pollution hazard other than oil shall, prior to entering into a port, or cargo handling or ship-to-ship transfer operation outside a port, conclude an agreement with a qualified ship pollution response organization in accordance with the following requirements.
16.1 The operator of a ship of 10,000 GT or less engaged in cargo handling or ship-to-ship transfer operation within 20 nautical miles from shore shall conclude an agreement with a qualified ship pollution response organization of Level-2 or above.
16.2 The operator of a ship of 10,000 GT or above engaged in cargo handling or ship-to-ship transfer operation at a distance more than 20 nautical miles from shore under the jurisdiction of China shall conclude an agreement with a qualified ship pollution response organization with Level-1.
Article 17 The operator of a non-tanker of 10,000 GT or above shall, prior to entering into a port, or cargo handling or ship-to-ship transfer operation outside a port, conclude an agreement with a qualified ship pollution response organization in accordance with the following requirements.
17.1 The operator of a non-tanker of 20,000 GT or less entering into or leaving a port shall conclude an agreement with a qualified ship pollution response organization of Level-4 or above.
17.2 The operator of a non-tanker of 20,000-30,000 GT entering into or leaving a port shall conclude an agreement with a qualified ship pollution response organization of Level-3 or above.
17.3 The operator of a non-tanker of 30,000-50,000 GT engaged in cargo handling or ship-to-ship transfer operation within 20 nautical miles from shore shall conclude an agreement with a qualified ship pollution response organization of Level-2 or above.
17.4 The operator of a non-tanker of 50,000 GT or above engaged in cargo handling or ship-to-ship transfer operation at a distance more than 20 nautical miles from shore in the sea area under the jurisdiction of China shall conclude an agreement with a qualified ship pollution response organization of Level-1.
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Article 19 The ship operator and ship pollution response organization shall conclude an agreement in accordance with the sample agreement (appendix II), which clarifies the rights and obligations of each party.
The copy of the signed Agreement for Ship Pollution Response shall be kept onboard for reference.
The Maritime Safety Administration shall be informed immediately where the Agreement is terminated, or where the Agreement becomes invalid due to one party’s breach of the Agreement.
Article 20 The ship pollution response organization and ship operator shall conclude an agreement for ship pollution response on a fair and voluntary basis, and the charges shall be reasonable.
The ship pollution response organization may apply for publishing the fees of Agreement for Ship Pollution Response and the costs of emergency clean-up on China oil spill prevention network (http: www.osp.cn).
Article 21 The ship and ship pollution response organization shall perform each party's obligations in accordance with the Agreement. When the pollution accident occurs, both parties shall timely carry out pollution control and clean-up operation in accordance with the Agreement.
Article 22 The ship and ship pollution response organization shall, during the process of carrying out pollution control and clean-up operation, timely report the progress as required by the Maritime Safety Administration, and follow its commanding instructions.
Article 23 The ship pollution response organization shall conduct evaluation after the pollution clean-up operation, and submit the report to local Maritime Safety Administration. The evaluation report shall at least include the following:
23.1 Briefing of the accident and emergency response;
23.2 Facilities, equipment, instruments and personnel involved;
23.3 Type, quantity and disposal of pollutants recovered;
23.4 Pollution clean-up plan, pollutants disposal plan and problems identified in the Contingency Plan and relative improvement.
Article 24 The Maritime Safety Administration may take priority to deploy ship pollution response organizations of higher levels to participate in emergency response operations when necessary.
Article 25 A ship shall, when going through formalities for entering into or leaving port or applying for operation, submit valid Agreement for Ship Pollution Response.
Where ship pollution response organization has submitted the Agreement to the local Maritime Safety Administration for record, the Maritime Safety Administration may exempt the ship from being checkedthe Agreement.
Article 26 The Maritime Safety Administration shall enhance supervision and inspection on the conclusion and implementation of the Agreement for Ship Pollution Response.
Relevant organizations and individuals shall actively assist and cooperate when supervision and inspection is conducted.
Article 27 When violations of laws, administrative regulations or rules by the ship or ship pollution response organization are found during the supervision, inspection or annual review, the Maritime Safety Administration shall impose administrative penalties and take administrative compulsory measures in accordance with the relevant provisions. The ship pollution response organization found no longer qualified shall be requested to take corrective actions within limited time. Otherwise,Ship Pollution Response Qualification Certificate shall be revoked.
Article 28 The Detailed Rules shall enter into force as 1 June 2011.
(All information published in this website is authentic in Chinese. English is provided for reference only.)