Regulations of the People's Republic of China on the Prevention Ofvessel- Induced Sea Pollution

Regulations of the People's Republic of China on the Prevention Ofvessel- Induced Sea Pollution

December 29, 1983

Chapter I General Provisions
　
Article 1
These Regulations are formulated with a view to implementing the Marine
Environmental Protection Law of the People's Republic of China, preventing
sea pollution by ships and maintaining the marine ecological environment.
　
Article 2
These Regulations are applicable to all Chinese and foreign vessels,
shipowners and other individuals within the sea areas and harbors under
the jurisdiction of the People's Republic of China.
　
Article 3
The organs in charge of the prevention of vessel-induced pollution of the
marine environment are the harbor superintendency administration of the
People's Republic of China (hereinafter referred to as the "harbor
superintendencies").

Chapter II General Stipulations
　
Article 4
All vessels in the sea areas and harbors under the jurisdiction of the
People's Republic of China shall in no case discharge oils, oil-based
mixtures, waste materials and other toxic substances in violation of the
stipulations of the Marine Environment Protection Law of the People's
Republic of China and these Regulations.
　
Article 5
No vessel shall discharge oils, oil-based mixtures, waste materials and
other toxic substances into the freshwater of harbors close to river
mouths, special marine reserves and natural marine protection areas.
　
Article 6
When accidents of pollution occur in the sea areas caused by oil, oil-
based mixtures and other toxic substances from vessels, measures shall be
immediately adopted to control and eliminate the pollution and a written
report shall be made to a nearby harbor superintendency administration as
quickly as possible for investigation and treatment.
　
Article 7
In cases where marine accidents have caused, or are likely to cause, major
pollution damage to the marine environment, the harbor superintendency
administration shall have the right to compel the adoption of measures to
avoid or reduce this pollution damage, including measures of compulsory
elimination of pollution or compulsory towing of the vessels. The vessels
causing the problems shall bear all the costs arising therefrom.
　
Article 8
When vessels cause or find other vessels cause pollution or violate the
relevant regulations in the sea areas under the jurisdiction of the
People's Republic of China, the matter shall be handled in accordance with
the stipulations of Articles 36 and 37 of the Marine Environmental
Protection Law of the People's Republic of China.
　
Article 9
Vessels which need to conduct cabin-washing operations in the harbor must
adopt measures for safety and for preventing pollution damage to the sea
areas. Applications shall be submitted in advance to the harbor
superintendency administration, and the operation may proceed only with
approval.
　
Article 10
To ensure safe pilotage and docking of oil tankers and to prevent
pollution of the sea areas, the ballast water kept in all empty oil
tankers entering the harbor must be no less than one-fourth of the
deadweight capacity of the oil tanker in question. In cases where an oil
tanker does not keep sufficient ballast water as stipulated, the harbor
superintendency administration shall investigate the whereabouts of its
ballast water and handle the matter according to the circumstances
therearound.
　
Article 11
After oil pollution accidents or discharges of oil in violation of the
regulations have occurred, the vessels involved may not use oil-
eliminating chemicals at their own discretion. If oil-eliminating
chemicals have to be used, applications by telephone or in written form
shall be made to the harbor superintendencies in advance, with the brand
names, amounts and the areas for the application of the oil-eliminating
agents stated, and they may be used only with approval.
　
Article 12
In cases pollution accidents or pollutant discharges in violation of the
regulations occur, the owners of the vessels involved or the persons who
have caused the problems and who are found or held economically liable for
the cleaning and compensation must complete the procedures of the
financial guarantee for or the payment of the relevant sums of money
before the vessels set sail.
　
Article 13
Vessels carrying 2,000 tons or more of bulk oil or cargoes navigating on
international navigation lines shall, in addition to implementing the
stipulations of these Regulations, abide by the International Pact of 1969
on Civil Liability for Harm from Oil Pollution, to which China has
acceded.

Chapter III Documents and Equipment for the Prevention of Vessel- induced Pollution
　
Article 14
Documents for the prevention of vessel-induced pollution:
(1) oil tankers of 150 gross tonnage or more, non-oil tankers of 400 gross
tonnage or more and vessels carrying 2,000 tons or more of bulk oil and
cargoes shall be respectively equipped with the corresponding documents
for the prevention of pollution by vessels as stipulated in Article 28 of
the Marine Environment Protection Law of the People's Republic of China;
(2) vessels shall also be equipped with all the other documents for the
prevention of pollution as demanded by the harbor superintendencies.
　
Article 15
With regard to oil tankers of 150 gross tonnage or more and non-oil
tankers of 400 gross tonnage or more, the equipment on board for the
prevention of pollution shall meet the following requirements:
(1) separate piping systems are used for the polluted water in the engine
room and the ballast tank water;
(2) foul oil storage tanks are installed;
(3) standard discharge connections are used;
(4) oil and water separation equipment or filtering system is installed
and it is ensured that the discharged oil content of the treated oil-
polluted water does not exceed 15 mg/liter, when discharged within 12
nautical miles of the nearest land and not exceed 100 mg/liter, when
discharged beyond 12 nautical miles from the nearest land;
(5) ships of 10,000 tonnage or more shall, in addition to satisfying the
afore- mentioned requirements as stipulated in this Article, also be
equipped with monitoring and control devices for oil discharge;
(6) other pollution-prevention equipment installed on board the vessels
shall conform to the relevant stipulations of the state for vessels'
pollution-prevention structures and equipment standards.
The existing pollution-prevention equipment that is not up to the above
requirements shall be brought up to the stipulated requirements within 3
years of the implementation of these Regulations.
　
Article 16
Oil tankers of under 150 gross tonnage and non-oil tankers of under 400
gross tonnage shall be fitted out with specialized containers for
retrieving residue oil and waste oil.
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