Regulation on the Prevention and Control of Vessel-induced Pollution to the Marine Environment

• Area of Law： Environmental Protection
• Level of Authority： Administrative Regulations
• Date issued：03-01-2017
• Effective Date：03-01-2017
• Status： Revised
• Issuing Authority： State Council

Regulation on the Prevention and Control of Vessel-induced Pollution to the Marine Environment
(Promulgated by the Order No. 561 of the State Council of the People's Republic of China on September 9, 2009; revised for the first time as per the Decision of the State Council on Appealing and Amending Some Administrative Regulations on July 18, 2013; revised for the second time as per the Decision of the State Council on Amending Some Administrative Regulations on December 7, 2013; revised for the third time as per the Decision of the State Council on Amending Some Administrative Regulations on July 29, 2014; and revised for the fourth time as per the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016; amended for the fifth time in accordance with Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017.)
Chapter I General Provisions
Article 1 This Regulation is formulated in accordance with the Marine Environmental Protection Law of the People's Republic of China for the purpose of preventing and controlling the pollution caused by vessels and the relevant operations to the marine environment.
Article 2 This Regulation shall apply to the prevention and control of pollution caused by vessels and the relevant operations to the sea areas of the People's Republic of China.
Article 3 The prevention and control of the pollution caused by vessels and the relevant operations to the marine environment shall observe the principle of giving priority to prevention and combining prevention with control.
Article 4 The transport administrative department under the State Council shall take charge of the prevention and control of the pollution to the marine environment caused by non-military vessels inside the harbor waters under its jurisdiction and by non-fishing vessels and non-military vessels outside the harbor waters under its jurisdiction.
The maritime administrative institutions shall, in accordance with this Regulation, be responsible for the specific supervision and administration of the prevention and control of the pollution caused by vessels and the relevant operations to the marine environment.
Article 5 The transport administrative department under the State Council shall, under the requirements for prevention and control of the pollution caused by vessels and the relevant operations to the marine environment, organize the preparation of the planning for the construction of the emergency response capacity of preventing and controlling the pollution caused by vessels and the relevant operations to the marine environment, which shall be promulgated and implemented upon approval by the State Council.
The coastal local people's governments at and above the level of cities divided into districts shall, according to the planning for the construction of the emergency response capacity of preventing and controlling the pollution caused by vessels and the relevant operations to the marine environment which is approved by the State Council and in light of the local actualities, organize the preparation of the corresponding planning for the construction of the emergency response capacity of preventing and controlling the pollution caused by vessels and the relevant operations to the marine environment.
Article 6 The transport administrative department under the State Council and the coastal local people's governments at and above the level of cities divided into districts shall establish and improve emergency response mechanisms for preventing and controlling the pollution caused to the marine environment by vessels and relevant operations, and formulate contingency plans for preventing and controlling the pollution caused to the marine environment by vessels and relevant operations.
Article 7 The maritime administrative institutions shall, jointly with the oceanic administrative departments, establish and improve the monitoring and surveillance mechanisms for the pollution caused to the marine environment by vessels and relevant operations according to the requirements for preventing and controlling the pollution caused by vessels and relevant operations to the marine environment so as to strengthen the monitoring and surveillance on the aforesaid pollution.
Article 8 The transport administrative department under the State Council and the coastal local people's governments at and above the level of cities divided into districts shall, in accordance with the planning for the construction of the emergency response capacity of preventing and controlling the pollution caused to the marine environment by vessels and relevant operations, set up professional emergency response contingents and emergency equipment bases, which shall be equipped with special facilities, equipment and instruments.
Article 9 Any entity or individual who finds that any vessel or relevant operations thereof have caused or are likely to cause pollution to the marine environment shall make a prompt report to the closest maritime administrative institution.
Chapter II General Provisions on the Prevention and Control of the Pollution Caused by Vessels and the Relevant Operations to the Marine Environment
Article 10 The structure, equipment and instruments of a vessel shall conform to the relevant technical requirements of the state for preventing and controlling the vessel-induced pollution to the marine environment and the requirements of the international treaties concluded or acceded to by the People's Republic of China.
The vessels shall, in accordance with the laws, administrative regulations, provisions of the transport administrative department under the State Council and the requirements of the international treaties concluded or acceded to by the People's Republic of China, obtain and carry on board corresponding certificates and documents relating to the prevention and control of vessel-induced pollution to the marine environment.
Article 11 The owners, operators or managers of the vessels of Chinese registry shall, in accordance with the requirements of the transport administrative department under the State Council, establish and improve their management systems for safe operation and for the prevention and control of vessel-induced pollution.
The maritime administrative institutions shall examine the management systems for safe operation and for the prevention and control of vessel-induced pollution, and issue a certificate of compliance and a corresponding vessel safety management certificates to the vessels which have passed the examination.
Article 12 The ports, docks, loading and unloading stations and the entities engaged in building or repair of vessels shall be equipped with the pollution monitoring facilities and pollutant receiving facilities commensurate with the categories of the cargos loaded or unloaded by them, their throughput capacities or their abilities of building or repairing vessels, and shall keep these facilities in good conditions.
Article 13 The ports, docks, loading and unloading stations, and the entities engaged in the building, repair, salvaging, dismantling and other operations of vessels shall formulate management systems for safe operation and pollution prevention and control, and shall, in accordance with the relevant specifications and standards of the state for preventing and controlling the pollution caused to the marine environment by vessels and the relevant operations, be equipped with corresponding equipment and instruments for pollution prevention and control.
The ports, docks, loading and unloading stations, and the entities engaged in the building, repair, salvaging, dismantling and other operations of vessels shall, on a regular basis, check and maintain the equipment and instruments equipped for pollution prevention and control so as to ensure that the equipment and instruments for pollution prevention and control meet the requirements for the prevention and control of the pollution caused to the marine environment by vessels and the relevant operations.
Article 14 The owners, operators or managers of vessels shall formulate contingency plans for preventing and controlling the pollution caused by vessels and the relevant operations to the marine environment, and report them to the maritime administrative institutions for approval.
The operators of ports, docks and loading and unloading stations, and the relevant operation entities shall make contingency plans for preventing and controlling the pollution caused by vessels and the relevant operations to the marine environment, and report them to the maritime safety administrations and the environmental protection administrative departments for recordation.
The vessels, ports, docks, loading and unloading stations and other relevant operation entities shall, in accordance with the contingency plans, organize drillings on a regular basis and make corresponding records.
Chapter III Discharge and Reception of Vessel Pollutants
Article 15 The vessel garbage, sewage, oily waste water, waste water containing toxic and hazardous substances, waste gas and other pollutants and ballast water discharged by vessels to the ocean within the sea areas of the People's Republic of China shall meet the requirements of the laws, administrative regulations, the international treaties concluded or acceded to by the People's Republic of China, and other relevant standards.
The pollutants which fail to meet the requirements for discharge as prescribed in the preceding paragraph shall be discharged by vessels into the receiving facilities in the ports or be received by the receiving entities of vessel pollutants.
No vessel may discharge vessel pollutants to the marine natural reserves, seashore scenic spots and historic sites, important fishing waters which are delimited pursuant to law and other sea areas which need special protection.
Article 16 The vessels shall make truthful records of the disposal of pollutants in corresponding record books.
The vessels shall keep on board the record books of vessel garbage which have been used up for two years; and shall keep on board for three years the record books of the oily waste water and waste water containing toxic and hazardous substances which have been used up.
Article 17 The receiving entities of vessel pollutants that receive vessel garbage, residual oil, oily waste water, and waste water containing toxic and hazardous substances shall develop operational plans, comply with the relevant operating rules and procedures, and take necessary anti-pollution measures. The receiving entities of vessel pollutants shall report the reception of vessel pollutants to the maritime safety administration as required.
Article 18 When receiving vessel pollutants, the receiving entities of vessel pollutants shall issue pollutant reception certificates to the vessels, which shall be signed by the both parties for confirmation and be kept for at least two years. A pollutant reception certificate shall indicate the names of both operating parties, the starting and ending time and place of operation, and the type and quantity of the pollutants, among others. The pollutant reception certificates shall be kept by the vessels in the corresponding record books.
Article 19 The receiving entities of vessel pollutants shall dispose of the received vessel pollutants in accordance with the relevant provisions of the state on the disposal of pollutants, and file the information on reception and disposal of vessel pollutants with the maritime administrative institutions monthly for archival purposes.
Chapter IV Prevention and Control of the Pollution Caused by Vessels and the Relevant Operations
Article 20 Those engaged in the clearing and washing of vessel cabins, oil supply and acceptance, loading and unloading, barging, building and repair, salvage, dismantling, packing or filling of cargos with hazardous pollutants, pollution clean-up operations, above-water and underwater construction by using vessels and other operations shall comply with the relevant operating rules, and take necessary measures for safety and pollution prevention and control.
The personnel engaged in the operations as prescribed in the preceding paragraph shall possess relevant professional knowledge and skills of safety and pollution prevention and control.
Article 21 If a vessel fail to meet the requirements for worthiness of cargos with hazardous pollutants, it shall not carry any cargo with hazardous pollutants, and the ports and loading and unloading stations shall not carry out loading operations for the said vessel.
The directory of the cargos with hazardous pollutants shall be announced by the maritime administrative institution of the state.
Article 22 For any vessel carrying cargo with a pollution hazard to enter or exit a port, the carrier, owner of the cargo, or agent thereof shall file an application with the maritime safety administration, and the vessel may enter or exit the port or make a transit stop only after the application is approved.
Article 23 The vessels carrying cargos with hazardous pollutants shall conduct loading and unloading operations at the docks or loading and unloading stations which possess corresponding capabilities of safe loading and unloading and pollutant disposal as announced by the maritime administrative institutions.
Article 24 When delivering any cargo with hazardous pollutants to vessels for carriage, the owner of the cargo or the agent thereof shall ensure that the packaging, signs, etc. of the cargo conform to the relevant provisions on safety and pollution prevention and control, and shall accurately indicate the technical names, serial numbers, categories (nature) and quantities of the cargo, precautions, emergency response measures, etc. in the transport documents.
The cargo with hazardous pollutants of uncertain nature to be delivered by the owner or the agent thereof to vessel for carriage shall, before being delivered to vessel, be subject to hazardous assessment by the entrust the relevant technical institutions, which shall specify the nature of hazard of the cargo and the relevant requirements for safety and pollution prevention and control.
Article 25 Where any maritime administrative institution deems that any cargo with hazardous pollutants delivered to a vessel for carriage has not been declared while they should be, or what is declared is inconsistent with the actual situation, it may, in accordance with the provisions of the transport administrative department under the State Council, open the container and inspect the cargo, etc.
When the maritime administrative institution inspects any cargo with hazardous pollutants, the owner of the cargo or the agent thereof shall be present and be responsible for moving the cargo, and removing and resealing the package of the cargo. Where the maritime administrative institution deems it necessary, it may directly inspect, re-inspect or extract samples of the cargo, and the relevant entities and individuals shall be cooperative.
Article 26 For any vessel barging bulk liquid cargo with hazardous pollutants, the carrier, the owner of the cargo or the agent thereof shall make an application to the maritime administrative institution, notify the site of operation, and submit the barging operation plan, operation procedures, measures for pollution prevention and control and other materials.
The maritime administrative institution shall, within two workdays upon acceptance of the application, make a decision on approval or disapproval. If it fails to make a decision within two workdays, the time limit may be extended for five more workdays upon approval of the person in charge of the maritime administrative institution.
Article 27 The entities that have legally obtained the qualifications for conducting vessel oil supply and acceptance operations shall file with the maritime administrative institutions. The maritime administrative institutions shall conduct supervision and inspection on the vessel oil supply and acceptance operations, and shall stop the operations of the entities which are found to fail the requirements for safety and pollution prevention and control.
Article 28 The vessel fuel supply entities shall truthfully fill in the fuel supply and acceptance documents, and provide the vessel fuel supply and acceptance documents and samples of fuel to the vessels.
The vessels and the vessel fuel supply entities shall keep the fuel supply and acceptance documents for three years and properly keep the samples of fuel for one year.
Article 29 The sites for vessel building or repair or dismantling of vessels on water shall comply with the environmental functional zoning and marine functional zoning.
Article 30 The entities engaged in dismantling vessels shall, before dismantling a vessel, dispose of the residues and wastes on the vessels, barge out the oil in the oil holds (tanks) and then clear and wash the vessel cabins, conduct an explosion test, etc.
The entities engaged in dismantling vessels shall timely clean up the sites of vessel dismantling and dispose of the pollutants generated from vessel dismantling in accordance with relevant provisions of the state.
It shall be prohibited from dismantling vessels on the beach.
Article 31 Vessels shall be prohibited from transferring hazardous wastes through the internal waters or territorial sea of the People's Republic of China.
If a vessel transfers hazardous wastes through other sea areas of the People's Republic of China, it shall obtain a written approval from the environmental protection administrative department under the State Council beforehand, navigate according to the route designated by the maritime administrative institution, and report the location of the vessel on a regular basis.
Article 32 If a vessel dumps wastes into the sea, it shall make truthful records of the dumping, and shall, after returning to the port, submit a written report to the maritime administrative institution of the place where the port of departure is located.
Article 33 For the vessels carrying bulk liquid cargos with hazardous pollutants and other vessels with a gross tonnage of 10,000 tons or more, the operators thereof shall, before conducting operations or entering or exiting ports, conclude an agreement on pollution clean-up operations with the entities having obtained the qualifications for pollution clean-up operations, which shall specify the rights and obligations of pollution clean-up of both parties in case of any vessel-induced pollution accident occurs.
The entities engaged in pollution clean-up operations which have concluded an agreement on pollution clean-up operations with the vessel operators shall, after occurrence of a vessel-induced pollution accident, timely conduct pollution clean-up operations under the agreement on pollution clean-up operations.
Chapter V Emergency Response of Vessel-Induced Pollution Accidents
Article 34 The term “vessel-induced pollution accidents” as mentioned in this Regulation shall refer to the pollution accidents to the marine environment caused by vessels and the relevant operations due to the leakage of oil, oily mixtures, and other toxic and hazardous substances.
Article 35 The vessel-induced pollution accidents shall be classified into the following levels:
1. extraordinarily serious vessel-induced pollution accidents, which shall refer to the vessel pollution accidents wherein the oil spilled is 1,000 tons or more, or the direct economic loss is 200 million yuan or more;
2. serious vessel-induced pollution accidents, which shall refer to the vessel pollution accidents wherein the oil spilled is more than 500 tons but less than 1,000 tons, or the direct economic loss is more than 100 million yuan but less than 200 million yuan;
3. relatively serious vessel-induced pollution accidents, which shall refer to the vessel pollution accidents wherein the oil spilled is more than 100 tons but less than 500 tons, or the direct economic loss is more than 50 million yuan but less than 100 million yuan; and
4. general vessel-induced pollution accidents, which shall refer to the vessel pollution accidents wherein the oil spilled is less than 100 tons, or the direct economic loss is less than 50 million yuan.
Article 36 Where any vessel-induced pollution accident occurs within the sea area under the jurisdiction of the People's Republic of China, or any vessel-induced pollution accident which occurs outside the sea areas of the People's Republic of China has caused or may cause pollution to the sea areas of the People's Republic of China, the vessel shall immediately start the corresponding contingency plan, take measures to control and eliminate the pollution, and report to the nearby maritime administrative institution.
Where a vessel or the relevant operation thereof is found to be likely to cause pollution to the marine environment, the vessel, dock or loading and unloading station shall immediately take corresponding emergency response measures and report to the relevant maritime administrative institution nearby.
The maritime administrative institution that receives a report shall immediately verify the relevant circumstances, and report to the maritime administrative institution at the next higher level or the transport administrative department under the State Council, and report to the relevant coastal local people's government at and above the level of cities divided into districts at the same time.
Article 37 A report of vessel-induced pollution accident shall include the following:
1. the name, nationality, call sign or serial number of the vessel;
2. the name and address of the owner, operator or manager of the vessel;
3. the time and place of the accident and the relevant meteorological and hydrological conditions;
4. the causes of the accident or the preliminary judgment of the causes of the accident;
5. the type, quantity, loading position and other general situation of the pollutants on the vessel;
6. the degree of pollution;
7. the measures which have been taken or are to be taken for controlling and eliminating the pollution, the information on the control of the pollution and the demand for rescue; and
8. other issues that should be reported as prescribed by the transport administrative department under the State Council.
If any new circumstance occurs after the reporting of a vessel-induced pollution accident, the vessel and relevant entity shall make a supplementary report in a timely manner.
Article 38 In case any extraordinarily serious vessel-induced pollution accident occurs, the State Council shall set up or authorize the transport administrative department under the State Council to set up an accident emergency command institution.
In case any serious vessel-induced pollution accident occurs, the people's government of the relevant province, autonomous region or municipality directly under the Central Government shall, jointly with the maritime administrative institution, set up an accident emergency command institution.
In case any relatively serious vessel-induced pollution accident or general vessel pollution accident, the relevant people's government at the level of city divided into districts shall, jointly with the maritime administrative institution, set up an accident emergency command institution.
The relevant departments and entities shall, under the unified organization and command of the accident emergency command institution, conduct corresponding emergency response work in accordance with the division of work as set down in the contingency plan.
Article 39 Where a vessel is in danger of sinking due to an accident, the crew shall, before leaving the vessel, try their best to close all piping valves of the cargo holds (containers) and oil holds (tanks), and plug the vent holes of the cargo holds (containers) and oil holds (tanks).
If a vessel has sunk, the owner, operator or manager of the vessel shall timely report to the maritime administrative institution the nature, quantity, type, loading position and other information of the vessel fuel, cargos with hazardous pollutants and other pollutants, and timely take measures to eliminate the pollution.
Article 40 In the case of any vessel-induced pollution accident or the sinking of a vessel which is likely to cause pollution to the sea areas of the People's Republic of China, the coastal local people's government at or above the level of a city divided into districts and the maritime administrative institution may, in accordance with the needs of emergency response, expropriate the vessel and facilities, equipment and instruments for pollution prevention and control and other materials of the relevant entities or individuals who shall provide assistance.
The expropriated vessels and facilities, equipment and instruments for pollution prevention and control and other materials shall be returned in a timely manner after use or after the emergency response work is finished. If the vessels and facilities, equipment and instruments for pollution prevention and control and other materials are expropriated or damaged or lost in expropriation, compensation shall be made.
Article 41 In the case of any vessel-induced pollution accident, the maritime administrative institution may take necessary measures, such as clean-up, salvage, towage, pilotage and barging to reduce the pollution damage. The relevant expenses shall be paid by the vessel in question and the relevant operation entities which have caused the pollution to the marine environment.
The vessel which shall pay the expenses as prescribed in the preceding paragraph shall pay off the relevant expenses or provide corresponding financial guarantee before departure.
Article 42 The oil dispersants used for disposing vessel-induced pollution accidents shall conform to the relevant standards of the state.
Chapter VI Investigation and Handling of Vessel-Induced Pollution Accidents
Article 43 The investigation and handling of vessel-induced pollution accidents shall be conducted according to the following provisions:
1. The State Council shall organize or authorize the transport administrative department under the State Council or other departments to organize the investigation and handling of extraordinarily serious vessel-induced pollution accidents;
2. The maritime administrative institution of the state shall organize the investigation and handling of serious vessel-induced pollution accidents; and
3. The maritime administrative institutions of the places where the accidents occur shall organize the investigation and handling of relatively serious vessel-induced pollution accidents and general vessel-induced pollution accidents.
If a vessel-induced pollution accident causes any damage to the fishery, the fishery administrative departments shall participate in the investigation and handling of the accident; and if any damage is caused to the military port waters, the relevant administrative departments of the armed forces shall participate in the investigation and handling of the accidents.
Article 44 In the case of any vessel-induced pollution accident, the department organizing the investigation and handling of the accident or the maritime administrative institution shall timely, objectively and impartially conduct an investigation of the accident, inspect the scene of the accident, examine the vessel in question, inquire the relevant persons, collect evidences, and find out the causes of the accident.
Article 45 The department organizing the investigation and handling of accidents or the maritime administrative institutions may, in accordance with the needs of investigation and handling of accidents, temporarily withhold the corresponding certificates, documents and materials; and where necessary, it may prohibit the vessel from leaving the port or order the vessel to suspend navigation, reroute or stop operations, or even temporarily withhold the vessel in question.
Article 46 When a department organizing the investigation and handling of an accident or a maritime administrative institution makes investigation of an accident, the parties involved in the vessel-induced pollution accident and other relevant personnel shall truthfully report the circumstances and provide relevant materials, and shall not forge, conceal or destroy evidences or hinder the investigation and evidence collection by other means.
Article 47 A department organizing the investigation and handling of an accident or the maritime administrative institution shall, within 20 workdays from the day on which the investigation is completed, produce a Letter of Accident Determination and serve it on the parties concerned.
The Letter of Accident Determination shall bear the basic information of the accident, the cause of the accident, and the responsibilities for the accident.
Chapter VII Compensation for Damages Caused by Vessel-Induced Pollution Accidents
Article 48 The liable persons who cause pollution damage to the marine environment shall eliminate the hazard and compensate for the losses. In case the pollution damage to the marine environment is caused completely by the intentional act or negligence of a third party, the third party shall eliminate the hazard and compensate for the losses.
Article 49 Where pollution damage to the marine environment which is entirely attributable to any of the following circumstances can not be avoided despite prompt adoption of reasonable measures, the relevant parties shall be exempt from liability:
1. war;
2. irresistible natural disaster; or
3. the negligence or other wrongful act of the competent department responsible for the beacons or other navigation aids in performing their duties.
Article 50 The compensation limit for a vessel-induced pollution accident shall be governed by the provisions on the limitation of liability for maritime claims in the Maritime Code of the People's Republic of China. However, if the persistent oil substances in bulk carried by a vessel cause pollution to the sea areas of the People's Republic of China, the compensation limit shall be governed by the provisions of the relevant international treaties concluded or acceded to by the People's Republic of China.
The term "persistent oil substances" as mentioned in the preceding paragraph shall refer to all persistent hydrocarbon mineral oil.
Article 51 The owner of a vessel navigating within the sea areas of the People's Republic of China shall, in accordance with the provisions of the transport administrative department under the State Council, buy civil liability insurance for vessel-induced oil pollution damages or obtain corresponding financial guarantee, unless it is one carrying non-oil substances with a gross tonnage of less than 1,000 tons.
The amount of civil liability insurance for the vessel-induced oil pollution damages bought or the amount of the financial guarantee obtained by the owner of a vessel shall not be less than the limit of compensation for oil pollution as prescribed in the Maritime Code of the People's Republic of China and the relevant international treaties concluded or acceded to by the People's Republic of China.
Article 52 For any vessel of Chinese registry which has bought civil liability insurance for vessel-induced oil pollution damages or has obtained financial guarantee in accordance with Article 53 of this Regulation, its owner shall apply to the maritime administrative institution of the place where the port of registry is located for a certificate of civil liability insurance for vessel-induced oil pollution damages or a certificate of financial guarantee upon strength of the certificate of registry of the vessel, the insurance contract on civil liability for vessel-induced oil pollution damages or the financial guarantee testimonials.
Article 53 In the case of a vessel-induced oil pollution accident, the necessary expenses incurred in the emergency response or pollution clean-up conducted by the relevant entities under the organization by the state shall first be compensated from the compensation for vessel-induced oil pollution damages.
Article 54 The cargo owner who receives the cargo of seaborne persistent oil substances within the waters of the People's Republic of China or the agent thereof shall pay compensation funds for vessel-induced oil pollution damages.
The specific measures for the collection, use and management of compensation funds for vessel-induced oil pollution damages shall be formulated by the financial department under the State Council jointly with the transport administrative department under the State Council.
The state shall set up a management committee of the compensation funds for vessel-induced oil pollution damages to be responsible for handling compensation from the compensation funds for vessel-induced oil pollution damages and other matters. The management committee of the compensation funds for vessel-induced oil pollution damages shall be composed of the relevant administrative organs and the major owners of cargos who pay the compensation funds for vessel-induced oil pollution damages.
Article 55 For the disputes over compensation for vessel-induced pollution accidents, the parties concerned may request the maritime administrative institutions to make mediation, or apply to the arbitration institutions for arbitration, or bring a civil action to the people's court.
Chapter VIII Legal Liabilities
Article 56 Where any vessel or the relevant operation entity violates the provisions of this Regulation, the maritime administrative institution shall order it to make rectifications; if it refuses to make rectifications, the maritime administrative institution may order it to stop operations or compel it to unload the cargos, prohibit the vessel from entering or exiting the port, berthing or making a transit stop, or order the vessel to suspend navigation, reroute, leave the country, or navigate to the designated place.
Article 57 Where, in violation of this Regulation, the structure of a vessel fails to meet the relevant technical requirements of the state for prevention and control of vessel-induced pollution to the marine environment or the requirements of the relevant international treaties, the maritime administrative institution shall impose a fine of 100,000 yuan up to 300,000 yuan upon it.
Article 58 Under any of the following circumstances in violation of this Regulation, the maritime administrative institution shall impose punishment upon the violator in accordance with the relevant provisions of the Marine Environmental Protection Law of the People's Republic of China:
1. the vessel fails to obtain or fails to carry on board the certificates or documents of prevention and control of vessel-induced pollution to the marine environment;
2. the vessel, port, dock, or loading or unloading station fails to be equipped with the equipment and instruments for pollution prevention and control;
3. the vessel discharges to the sea areas any pollutant prohibited from being discharged by this Regulation;
4. the vessel fails to truthfully record the information on the disposal of pollutants;
5. the vessel discharges pollutants to the sea areas beyond the standards; or
6. the dismantling of vessels on water causes pollution damage to the marine environment.
Article 59 Where, in violation of this Regulation, any vessel fails to keep on board the records of disposal of vessel pollutants as required or the records of disposal of vessel pollutants are inconsistent with the quantity of the pollutants generated in the process of operating the vessel, the maritime administrative institution shall impose a fine of 20,000 yuan up to 100,000 yuan upon it.
Article 60 Where, in violation of this Regulation, a receiving entity of vessel pollutants that receives vessel garbage, residual oil, oily waste water, and waste water containing toxic and hazardous substances fails to prepare operational plans, comply with the relevant operating rules and procedures, or take necessary anti-pollution measures, it shall be fined not less than 10,000 yuan nor more than 50,000 yuan by the maritime safety administration; or shall be fined not less than 50,000 yuan nor more than 250,000 yuan if marine environmental pollution has been caused.
Article 61 Where, in violation of this Regulation, a receiving entity of vessel pollutants fails to report the reception of vessel pollutants to the maritime safety administration as required, fails to issue the pollutant reception certificate to the vessel as required, or fails to report the reception and handling of vessel pollutants to the maritime safety administration for recordation as required, it shall be fined not more than 20,000 yuan by the maritime safety administration.
Article 62 Under any of the following circumstances in violation of this Regulation, the maritime administrative institution shall impose a fine of 2,000 yuan up to 10,000 yuan upon the violator:
1. The vessel fails to keep pollutant reception certificates as required;
2. the vessel fuel supply entity fails to truthfully fill out the documents of fuel supply and acceptance;
3. the vessel fuel supply entity fails to provide the documents of fuel supply and acceptance and the samples of fuel to the vessels as required; or
4. the vessel or the vessel fuel supply entity fails to keep the documents of fuel supply and acceptance and the samples of fuel as required.
Article 63 Under any of the following circumstances in violation of this Regulation, the maritime administrative institution shall impose a fine of 20,000 yuan up to 100,000 yuan upon the violator:
1. the vessel carrying any cargo with hazardous pollutants fails to meet the requirements for worthiness of cargo with hazardous pollutants;
2. the vessel carrying any cargo with hazardous pollutants fails to conduct loading and unloading operations at the docks or loading and unloading stations which possess the corresponding capabilities of safe loading and unloading and disposal of pollutants; or
3. the owner of cargo or the agent thereof fails to conduct hazard assessment on the cargo with uncertain hazardous pollutants as required.
Article 64 Where, in violation of this Regulation, any vessel, without approval of the maritime administrative institution, carries any cargo with hazardous pollutants to enter or exit any port, makes a transit stop, or conducts barging operations, the maritime administrative institution shall impose a fine of 10,000 yuan up to 50,000 yuan upon it.
Article 65 Under any of the following circumstances in violation of this Regulation, the maritime administrative institution shall impose a fine of 20,000 yuan up to 100,000 yuan upon the violator:
1. in case a vessel sinks due to an accident, the owner or operator of the vessel fails to timely report the nature, quantity, type, loading position and other information of the vessel fuel, the cargos with hazardous pollutants and other pollutants to the maritime administrative institution; or
2. in case a vessel sinks due to an accident, the owner or operator of the vessel fails to timely take measures to clean up the vessel fuel, the cargos with hazardous pollutants and other pollutants.
Article 66 Under any of the following circumstances in violation of this Regulation, the maritime administrative institution shall impose a fine of 10,000 yuan up to 50,000 yuan upon the violator:
1. the operator of a vessel carrying any bulk liquid cargo with hazardous pollutants or any other vessel with a gross tonnage of 10,000 tons or more fails to conclude an agreement on pollution clean-up operations as required; or
2. A pollution clean-up operator engages in pollution clean-up in non-compliance with the relevant technical specifications of the state.
Article 67 Where, in the case of any vessel-induced pollution accident which occurs as in violation of this Regulation, the vessel or the relevant operation entity fails to immediately start a contingency plan, the maritime administrative institution shall impose a fine of 20,000 yuan up to 100,000 yuan upon it and a fine of 10,000 yuan up to 20,000 yuan on the directly liable person in charge and other directly liable persons. If the directly liable person in charge or other directly liable persons is a member of the crew, a punishment of temporarily withholding the certificate of competency or other relevant certificates for one month to three months shall be imposed upon him concurrently.
Article 68 Where, in the case of any vessel-induced pollution accident which occurs as in violation of this Regulation, the vessel or the relevant operation entity delays or fails to report the accident, the maritime administrative institution shall impose a fine of 50,000 yuan up to 250,000 yuan upon it and a fine of 10,000 yuan up to 50,000 yuan on the directly liable person in charge and other directly liable persons. If the directly liable person in charge or other directly liable persons is a member of the crew, a punishment of temporarily withholding the certificate of competency or other relevant certificates for three months to six months shall be imposed upon him concurrently. If the vessel or the relevant operation entity conceals any truth in its report or makes a false report, the maritime administrative institution shall impose a fine of 250,000 yuan up to 500,000 yuan upon it and a fine of 50,000 yuan up to 100,000 yuan on the directly liable person in charge and other directly liable persons. If the directly liable person in charge or other directly liable persons is a member of the crew, a punishment of revoking the certificate of competency or other relevant certificates shall be imposed upon him concurrently.
Article 69 Where, in violation of this Regulation, any vessel or entity uses any oil dispersant not up to the standards required by the state, the maritime administrative institution shall impose a fine of 10,000 yuan up to 50,000 yuan upon the vessel or the entity that uses the dispersant.
Article 70 Where, in violation of this Regulation, any party to a vessel-induced pollution accident or any other relevant person fails to truthfully report the situation and provide materials to the department organizing the investigation and handling of the accident or the maritime administrative institution, or forges, conceals or destroys evidences or stands in the way of the investigation and evidence collection by any other means, the maritime administrative institution shall impose a fine of 10,000 yuan up to 50,000 yuan upon him or it.
Article 71 Where, in violation of this Regulation, the owner of a vessel falls under any of the following circumstances, the maritime administrative institution shall order the owner to make rectifications, and may impose a fine of not more than 50,000 yuan; if the owner refuses to make rectifications, the maritime administrative institution shall impose a fine of 50,000 yuan up to 250,000 yuan:
1. the owner of the vessel navigating within the sea areas of the People's Republic of China fails to buy civil liability insurance for vessel-induced oil pollution damages or fails to obtain corresponding financial guarantee as required; or
2. the amount of civil liability insurance for the vessel-induced oil pollution damages bought or the amount of financial guarantee obtained by the owner of the vessel is less than the compensation limit for oil pollution as prescribed in the Maritime Code of the People's Republic of China and the relevant international treaties concluded or acceded to by the People's Republic of China.
Article 72 Where, as in violation of this Regulation, the cargo owner who receives the cargo of seaborne persistent oil substances within the waters of the People's Republic of China or the agent thereof fails to pay compensation funds for the vessel-induced oil pollution damages as required, the maritime administrative institution shall order it to make rectifications; if it refuses to make rectifications, the maritime administrative institution may stop the loading, unloading or barging operations of the cargo of persistent oil substances it receives within the waters of the People's Republic of China.
If the cargo owner or the agent thereof fails to pay compensation funds for vessel-induced oil pollution damages within the prescribed time limit, it shall pay a late fee of 0.05% of the outstanding amount each day from the due date of payment.
Chapter IX Supplementary Provisions
Article 73 If the international treaties concluded or acceded to by the People's Republic of China have provided for the prevention and control of the pollution caused by vessels and the relevant operations to the marine environment, such provisions shall prevail, except the provisions on which the People's Republic of China has made reservation.
Article 74 The fishery administrative departments of the people's governments at and above the county level shall be responsible for the supervision and administration of the pollution to the marine environment caused by non-military vessels inside the fishing port waters and by the fishing vessels outside the fishing port waters, be responsible for the protection of the ecological environment in the fishing waters, and be responsible for the investigation and handling of the fishery pollution accidents as prescribed in Paragraph 4 of Article 5 of the Marine Environmental Protection Law of the People's Republic of China.
Article 75 The environmental protection departments of the armed forces shall be responsible for the supervision and administration of the pollution caused by military vessels to the marine environment and the investigation and handling of the pollution accidents caused by military vessels.
Article 76 This Regulation shall come into force on March 1, 2010. The Regulation of the People's Republic of China on the Administration of Prevention of Vessel-induced Pollution to the Sea Areas promulgated by the State Council on December 29, 1983 shall be abolished simultaneously.