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What are the regulations of the Peoples Republic of China on the management of emergency preparedness and emergency treatment of marine pollution from

PChapter One: General Rules


Article 1


In order to improve the emergency response capability of ship pollution accidents, and control, reduce and eliminate marine environmental pollution damage caused by ship pollution accidents, the People’s Republic of China has concluded or joined the People’s Republic of China 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. Relevant international treaties of


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 response to the prevention 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 State Maritime Administration is responsible for the unified implementation of emergency preparedness and emergency response to pollution of the marine environment by ships and their related operations. Coastal maritime administrative agencies at all levels are responsible for the specific implementation of emergency preparedness and emergency response to prevent and control pollution of the marine environment by ships and their related operations in accordance with their respective duties.


Article 4


Ships and their related operations shall follow the principles of unified leadership, comprehensive coordination, hierarchical responsibility, territorial management, and shared responsibility for emergency preparedness and emergency handling of pollution to the marine environment.


Chapter Two   Emergency Capacity Building and Emergency Plan


The fifth


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 and compiled by the competent department of transportation under 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 announced and implemented after being approved by the State Council. Coastal provincial-level emergency capacity building plans for the prevention and control of marine environment pollution by ships and their related operations shall be organized by the people’s governments of coastal provinces, autonomous regions, and municipalities based on the national emergency capability building plans for prevention and control of marine environmental pollution by ships and related operations and local conditions. Prepare and announce the implementation. Coastal city-level emergency capacity building plans for the prevention and control of marine environment pollution by ships and their related operations shall be based on the local provincial people’s government’s emergency capacity building plans for prevention and control of marine environmental pollution by ships and related operations and local actual conditions. Level people’s government organizes the compilation and announces the 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 layout of emergency force building shall be rationally planned. Coastal maritime administrative agencies at all levels shall actively assist and cooperate with relevant local people's governments in the preparation of emergency capacity building plans.


Article 6


The Ministry of Transport and 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 and establish professional emergency teams in accordance with the corresponding emergency capacity building plans for prevention and control of marine environmental pollution caused by ships and related operations. Build special facilities, equipment and equipment storage for ship pollution emergency.


Article 7


Coastal maritime administrative agencies at all levels shall, in accordance with the need to prevent and control the pollution of the marine environment by ships and their related operations, and the marine competent authorities shall establish and improve the monitoring and monitoring mechanisms 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. Ports, docks, loading and unloading stations, and units engaged in ship repair and building shall be equipped with pollution monitoring facilities and pollutant receiving facilities that are compatible with the type of cargo they load and unload and their throughput capacity or ship building capacity, and keep them in good condition.


eighth


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 state's relevant prevention and control of marine pollution by ships and related operations. Environmental regulations and standards, equipped with necessary pollution prevention equipment and equipment, and ensure that pollution prevention equipment and equipment meet the requirements for preventing and controlling 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 compile reports to evaluate whether their ship pollution prevention capabilities are related to the type of cargo they load and unload, their throughput capacity, or ship repair, salvage, and dismantling activities. The necessary pollution monitoring and monitoring capabilities, ship pollutant receiving and processing capabilities, and ship pollution accident emergency response capabilities are compatible. When carrying out the acceptance work of ports, docks, 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 their 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 the national special emergency plans for 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 emergency plan for the prevention and control of pollution of the marine environment by ships and related operations at the provincial level in accordance with the local emergency plan for prevention and control of pollution of the marine environment by ships and 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 the prevention and control of 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 the prevention and control of 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 national maritime administration, and report them to the maritime administration for the record. Operators of ports, wharves, loading and unloading stations, 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. Vessels 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 revision 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 Unit


Article 13


A ship pollution removal unit refers to a unit that has the corresponding pollution removal capabilities and provides emergency preparedness and emergency response services for pollution accidents. 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 them: (1) Level 1 units can provide ships with oil spills and other bulk liquid pollution hazards in the waters under China's jurisdiction Emergency services for pollution accidents caused by sexual cargo leakage; (2) Level 2 units can provide emergency services for ships in areas under China’s jurisdiction within 20 nautical miles from shore for oil spills and other bulk liquid pollution hazardous cargo leakage; (3) Level 3 units can Provide oil spill emergency services for ships in the port waters; (4) Level 4 units can provide oil spill emergency services for ships in a working area in the port waters or in the waters near independent docks.


Article 14


Units engaged in ship pollution removal should meet the following conditions and accept the supervision and inspection of maritime administrative agencies: (1) The emergency cleaning capacity meets the requirements of the "Emergency Cleaning Capacity Requirements for Ship Pollution Removal Units" (see appendix); (2) Formulation The pollution removal operation plan meets the requirements for the prevention and control of pollution of the marine environment by ships and related operations; (3) The pollutant treatment plan meets the relevant national pollution prevention regulations.


Article 15


The ship pollution removal unit shall announce the following information to the public and submit it to the maritime administrative agency where the service area is located: (1) The unit’s pollution removal capacity meets the corresponding capacity level and service area of the "Requirements for Emergency Cleanup Capacity 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) Ship pollution removal agreement signing and implementation status and participating ships Emergency response to pollution accidents. If the pollution removal capacity of the ship pollution removal unit and the service area are changed, it shall promptly announce the change to the public and report it to the maritime administrative agency where the service area is located.


Chapter 4   Signing the Ship Pollution Removal Agreement


Article 16


The operator of a ship carrying bulk oil cargo 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 according to the following requirements: (1) Below 600 gross tonnage Ships that only sail or operate in port waters shall sign a ship pollution removal agreement with a ship pollution removal unit of level 4 or above; (2) Ships that only sail or operate in port waters between 600 gross tonnage and 2000 gross tonnage, A ship pollution removal agreement should be signed with a ship pollution removal unit of level 3 or higher; (3) Ships of more than 2,000 gross tonnage that only sail or operate in port waters, and all ships entering and leaving the port and engaged in bargeing operations should be with level 2 or higher The level of ship pollution removal unit signs a ship pollution removal agreement.


Article 17


For ships carrying hazardous cargoes with bulk liquid pollution other than oil, their operators shall sign a ship pollution removal agreement 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. (1) Ships entering and leaving the port and ships engaged in bargeing operations in the waters under the jurisdiction of China within 20 nautical miles from the shore shall sign a ship pollution removal agreement with a ship pollution removal unit of level two or above; (2) outside 20 nautical miles from the shore Ships carrying other bulk liquid pollution hazardous cargoes engaged in bargeing operations in the waters under the jurisdiction of China 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 goods, their operators shall sign the 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. Agreement: (1) Ships entering and leaving the port with less than 20,000 gross tonnage shall sign a ship pollution removal agreement with a ship pollution removal unit above Class 4; (2) ships entering or leaving the port with more than 20,000 gross tonnage and less than 30,000 gross tonnage A ship pollution removal agreement shall be signed with a ship pollution removal unit of level 3 or higher; (3) Ships of more than 30,000 gross tonnage entering and leaving the port and ships engaged in barge operations in waters under the jurisdiction of China shall contaminate with ships of level 2 or higher The removal unit signs a ship pollution removal agreement.


Article 19


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


Article 20


The National Maritime Administration shall formulate and publish a sample agreement on ship pollution removal, 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 a ship pollution removal unit has violated these regulations, or fails to perform the ship pollution removal agreement, it shall report to the directly affiliated maritime administrative 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 to the marine environment, the ship and the relevant operating unit shall immediately activate the corresponding emergency plan, report to the nearest maritime administrative agency in accordance with the requirements of relevant regulations, and notify the ship pollution removal unit that has signed the ship pollution removal agreement, and Take pollution control and removal measures according to the emergency plan. Vessels shall report to the maritime administrative agency before terminating the clean-up action, and the emergency treatment measures can be stopped only after the maritime administrative agency agrees.


Article 23


After receiving the notification of the ship pollution accident, the ship pollution removal unit shall promptly carry out pollution control and removal operations in accordance with the ship pollution removal agreement, and report the progress of pollution control and removal work to the maritime administration in a timely manner.


Article 24


Upon receipt of a report of marine environmental pollution caused or likely to be caused by a ship, the maritime administrative agency shall immediately verify the relevant situation and strengthen monitoring and surveillance. In the event of a ship pollution accident, the maritime administrative agency shall immediately organize an assessment of the level of the ship pollution accident, and report and notify in accordance with the requirements of the emergency plan.


Article 25


After a ship pollution accident occurs, an accident emergency command agency shall be established in accordance with the provisions of the Regulations of the People’s Republic of China on the Prevention and Control of Ship Pollution to the Marine Environment. The accident emergency command organization shall activate the corresponding emergency response plan according to the level and characteristics of the ship pollution accident. The relevant departments and units shall carry out corresponding emergency response work under the unified organization and command of the accident emergency command organization and in accordance with the division of labor of the emergency response plan.


Article 26


In the event of a ship pollution accident or the sinking of a ship, which may cause pollution in the waters under the jurisdiction of the People’s Republic of China, the relevant coastal districted municipal or above local people’s government and maritime administrative agencies may requisition the ships of relevant units and individuals to prevent and control pollution according to the needs of emergency response. Facilities, equipment, equipment and other materials. Relevant units and individuals should cooperate. The ships and pollution prevention facilities, equipment, and equipment provided by relevant units and individuals shall be in good usable condition, and the quality of relevant materials shall meet the requirements of relevant national technical standards and regulations. The requisitioned ships, pollution prevention facilities, equipment, equipment and other materials shall be returned in a timely manner after they have been used or the emergency disposal work is completed. Ships and pollution prevention facilities, equipment, equipment, and other materials that are requisitioned or damaged or lost after the requisition shall be compensated.


Article 27


In the event of a ship pollution accident, the maritime administrative agency may organize and take necessary measures such as maritime traffic control, removal, salvage, towing, pilotage, escort, transfer, underwater oil pumping, and blasting. The related costs of taking the above-mentioned measures shall be borne by the ships and relevant operating units that cause marine environmental pollution. Ships that need to bear the expenses specified in the preceding paragraph shall pay the relevant expenses or provide corresponding financial guarantees before sailing. The financial guarantees stipulated in this article shall be issued by domestic banks or domestic insurance institutions.


Article 28


When the ship is in danger of sinking in an accident, the crew shall, before leaving the ship, take measures to prevent oil spills in accordance with regulations, close all cargo holds (cabinets) and oil tanks (cabinet) valves as far as possible, and block cargo holds (cabinets) and oil tanks ( Cabinet) ventilation holes. When a ship sinks, its owner, operator or manager shall promptly report the nature, quantity, type and loading location of the ship’s fuel oil, polluting hazardous cargo, and other pollutants to the maritime administrative agency, and adopt or entrust a competent unit Take pollution monitoring and control measures,


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