Provisions on safety supervision and management of dangerous goods carried by ships?

Provisions on the Safety Supervision and Management of Dangerous Goods Carried by Ships, which were adopted at the12nd ministerial meeting of the Ministry of Transport on July 20th, 20 18, are hereby promulgated and shall come into force as of September 5th, 20 18.

Chapter I General Principles

Article 1 In order to strengthen the supervision and management of dangerous goods carried by ships, ensure the safety of life and property on water and prevent ships from polluting the environment, this Law is formulated in accordance with the People's Republic of China (PRC) Maritime Traffic Safety Law, the People's Republic of China (PRC) Port Law, the People's Republic of China (PRC) Inland River Traffic Safety Management Regulations and the People's Republic of China (PRC) Hazardous Chemicals Safety Management Regulations. Article 2 These Provisions shall apply to the activities of ships carrying dangerous goods in the waters under the jurisdiction of People's Republic of China (PRC). Article 3 The Ministry of Transport shall be in charge of the safety management of dangerous goods carried by ships throughout the country. The national maritime administrative agency is responsible for the safety supervision and management of dangerous goods carried by ships throughout the country. Maritime administrative agencies at all levels shall be specifically responsible for the safety supervision and management of dangerous goods carried by ships in accordance with their duties and powers.

Chapter II Management of Ships and Personnel

Article 4 Owners, operators or managers of ships engaged in the transport of dangerous goods shall establish and implement corresponding systems or regulations in accordance with the requirements of the Ministry of Transport on the management system of safe operation and pollution prevention of ships. Ship operators or managers engaged in the transport of dangerous goods shall be equipped with full-time safety management personnel. Article 5 Ships carrying dangerous goods shall prepare emergency plans for safety and pollution prevention, and be equipped with corresponding emergency rescue, fire fighting and personal protection equipment. Article 6 A ship carrying dangerous goods shall pass the inspection by a ship inspection agency recognized by the national maritime administrative agency, obtain corresponding inspection certificates and documents, and keep it in good condition. The hull, structure, equipment, performance and layout of ships carrying dangerous goods shall conform to the provisions of the national ship inspection regulations and technical specifications; International navigation ships carrying dangerous goods shall also comply with the provisions of relevant international conventions and have corresponding seaworthiness and fitness conditions. Article 7 Ships transporting dangerous goods shall install and use the automatic ship identification system and other onboard equipment in accordance with regulations. Ship managers should strengthen the dynamic management of ships. Article 8 It is forbidden to transport highly toxic chemicals and other dangerous chemicals prohibited by state regulations through inland rivers. Other inland rivers prohibit the transport of highly toxic chemicals and other dangerous chemicals prohibited by the state from being transported through inland rivers. It is forbidden for the shipper to carry dangerous goods in ordinary goods, or to falsely report or conceal dangerous goods as ordinary goods. When passenger and cargo ships or ro-ro ships with corresponding qualifications transport dangerous goods, passengers shall not be transported except the escorts on board and the drivers of ro-ro ships in accordance with relevant regulations. Other passenger ships are prohibited from carrying dangerous goods. Article 9 A ship carrying dangerous goods shall conform to the safety technical specifications for stowage, isolation and transportation of dangerous goods, and meet the requirements of corresponding certificates of fitness or certification documents. Ships shall not carry or transport dangerous goods that do not meet the safety technical specifications such as packaging, stowage and isolation. Ships carrying packaged dangerous goods shall also meet the requirements of the International Maritime Dangerous Goods Code; When transporting Group B solid bulk cargo, the ship shall also meet the requirements of the International Maritime Code for solid bulk cargo. Article 10 The crew members of ships engaged in the transport of dangerous goods shall hold special training certificates in accordance with regulations, be familiar with the safety knowledge and operating rules for the transport of dangerous goods by ship, and understand the nature of the transported dangerous goods and the safety precautions and emergency treatment measures. Article 11 Persons who go through the formalities of declaration or reporting of dangerous goods in accordance with these Provisions and those who carry out on-site inspection of container packaging shall be familiar with relevant laws, regulations, technical specifications and declaration procedures. The maritime administrative agency shall conduct supervision and spot checks on the daily working conditions of dangerous goods declaration or declaration personnel and container packing site inspectors and implement the integrity management system.

Chapter III Packaging and Container Management

Article 12 The packaging of dangerous goods delivered to the ship shall comply with the provisions of relevant laws and regulations, technical specifications and international conventions, and obtain corresponding inspection certificates according to law. Article 13 The use of new or improved packaging types for dangerous goods delivered to ships shall conform to the provisions of the International Maritime Dangerous Goods Code on equivalent packaging, and the performance inspection report, inspection certificate or documents of the packaging shall be submitted to the maritime administrative agency. Article 14 Shipping containers, shipping movable tanks and cabinets, rigid medium-sized bulk containers and other cargo transport parts of ships carrying dangerous goods shall be inspected by the ship inspection agency recognized by the national maritime administrative agency before they can be used for ship transport. Article 15 The packages, IBCs, bulk cargo packages and cargo transport parts of dangerous goods delivered to the ship shall be marked, marked and labeled in accordance with regulations. Article 16 Marine containers carrying dangerous goods shall be undamaged and kept clean, dry and pollution-free to meet the requirements of the goods contained. Freight transport parts such as sea containers in fumigation state shall meet the relevant stowage requirements and display fumigation warning signs. Article 17 Dangerous goods loaded in sea containers and their packages shall be kept intact, and shall not be damaged, leaked or leaked. They shall be reinforced by padding according to regulations, and their stowage and isolation shall meet relevant safety requirements. Dangerous goods with incompatible nature shall not be transported in the same container. Article 18 On-site container packing inspectors shall conduct on-site inspection of container packing activities of ships carrying dangerous goods, and issue container packing certificates to those who meet the Technical Requirements for Safety of Container Packing of Dangerous Goods at Sea (JT 672-2006) after packing. Article 19 An empty package or container containing dangerous goods, which has not been cleaned or taken other measures to eliminate the danger, shall be regarded as a package or container containing dangerous goods.

Chapter IV Administration of Declaration and Report

Article 20 When a ship carries dangerous goods into or out of a port, it shall go through the declaration formalities for the ship carrying dangerous goods with the maritime administrative agency 24 hours before entering or leaving the port (if the voyage is less than 24 hours, before leaving the last port), and submit an application form and supporting materials required by relevant regulations of the Ministry of Transport before entering or leaving the port. In case of leakage, burning and explosion of dangerous goods in transit, the reasons, control measures and current situation should be explained when handling the declaration procedures of dangerous goods on board, and a detailed report should be submitted after arrival in Hong Kong. Ships with fixed ships, fixed routes and ordered goods can go through regular declaration procedures. The period of regular declaration shall not exceed 30 days. Article 21 The maritime administrative agency shall make a decision of approval or disapproval within 24 hours after accepting the declaration of ships carrying dangerous goods in and out of the port; If it is a regular declaration, it shall make a decision on approval or disapproval within 7 days. In case of disapproval, the applicant shall be informed of the reasons for disapproval. The maritime administrative agency shall notify the local port administrative department of the relevant declaration information. Article 22 The shipper of dangerous goods shall explain the types, quantities, dangerous characteristics and emergency measures of dangerous goods to the carrier before delivery, submit the following cargo information and report to the maritime administrative agency: (1) Declaration on the safety and fitness of dangerous goods; (2) Technical specifications for the safety of dangerous goods; (3) If it is necessary to obtain approval from the relevant departments of the importing and exporting country according to the regulations, a valid approval document shall be submitted; (4) If inhibitors or stabilizers are added to dangerous goods, the certificate of adding inhibitors or stabilizers shall be submitted; (five) when transporting dangerous goods with unknown nature, it shall submit the appraisal materials on the transport conditions of dangerous goods issued by an assessment agency with corresponding qualifications; (6) The following materials shall also be submitted for delivery of packaged dangerous goods: 1. Inspection certificates of packaging, cargo transport parts and medium-sized bulk rigid containers for ships; 2. If dangerous goods are transported by sea containers, the container packaging certificate shall be submitted; 3. If carrying radioactive dangerous goods, a radioactive dose certificate shall be submitted; 4. Where dangerous goods are restricted or exempted, a certificate of restricted or exempted dangerous goods shall be submitted. (7) If the liquid solid bulk goods of Class B are delivered and transported by sea, the certificate of water limit and water content of the goods issued by an inspection agency with corresponding qualifications shall also be submitted. The carrier shall examine the above cargo information, and shall not load or transport it if it does not meet the seaworthiness requirements of the ship. Article 23 Before leaving Hong Kong, a ship carrying packaged dangerous goods or Class B solid bulk goods shall declare to the maritime administrative agency the list of loading positions, manifest or detailed stowage map containing dangerous goods. Article 24 A sea container that assembles and transports two or more kinds of dangerous goods with isolation requirements shall comply with the provisions of the International Maritime Dangerous Goods Code. The shipper of dangerous goods shall report to the maritime administrative agency in advance.

Chapter V Operation Safety Management

Article 25 Before loading dangerous goods, a ship shall check the transport information and the seaworthiness of the goods. If any violation of these regulations is found, it shall not be shipped. Twenty-sixth ships and docks engaged in loading and unloading of dangerous goods in bulk shall abide by the safety and pollution prevention operation rules, establish and implement the ship-shore safety checklist system, and check and fill in the contents of the ship-shore safety checklist in strict accordance with the requirements. During the loading and unloading operations, ships carrying bulk liquid dangerous goods are prohibited from berthing other unrelated ships. The cargo oil hoses used shall meet the requirements of relevant laws, regulations and technical specifications, and shall be inspected regularly. Twenty-seventh ships, docks and loading and unloading stations engaged in the loading and unloading of bulk liquefied gas shall establish a pre-operation consultation system and reach a written agreement on cargo operation, ballast operation and emergency. Ships, docks and loading and unloading stations engaged in the loading and unloading of bulk liquefied natural gas should also take measures such as setting up control points of shore-based emergency cut-off devices on board during loading operations and setting up control points of ship emergency cut-off devices on shore during unloading operations, so as to ensure the timely stop of cargo transportation in case of emergency. Ships that assist bulk liquefied gas ships in berthing shall set up fireworks extinguishing devices and implement fireworks control. Other unrelated ships are prohibited from docking at liquefied gas terminals and loading and unloading stations during operation. Article 28 When ships carrying dangerous goods carry out barge operations or wash (clear) cabins, drive gas and replace them on water, they shall abide by the national management regulations and technical specifications on water traffic safety and prevention of environmental pollution by ships, try to avoid ship routing areas, drinking water surface intakes, ferries, passenger terminals, navigation structure, large bridges, underwater passages, inland waterways and coastal marked waterways, formulate safety pollution prevention measures and emergency plans, and ensure effective implementation. Twenty-ninth ships carrying dangerous goods are not allowed to overhaul and use radars, radio transmitters and satellite stations during cabin washing, gas replacement or replacement activities; No open flame, shovel and other operations that are easy to generate sparks are allowed; Supply boats and trucks shall not be used for refueling or adding water. Article 30 Where a ship carrying dangerous goods engages in dangerous goods lightering operations in port waters, the port operator in charge of lightering operations shall apply to the port administrative department according to law. When examining and approving, the port administrative department shall obtain the consent of the maritime administrative agency in the waters where the ship passes, and notify the maritime administrative agency of the examination and approval. Ships engaged in the lighterage of dangerous goods in inland rivers or dangerous goods polluted by bulk liquid at sea outside port waters shall apply to the maritime administrative agency for approval according to law. The maritime administrative agency shall issue navigational warnings or navigational notices in the waters where ships carry out lighterage operations of dangerous goods on water and dangerous goods polluted by bulk liquid. Article 31 Where a ship applies to engage in the lighterage operation of dangerous goods in inland rivers or dangerous goods contaminated by liquid in bulk at sea outside the port waters, the applicant shall apply to the maritime administrative agency before the operation, inform the operation site, and submit the operation plan, operation procedures, pollution prevention measures and other materials. The maritime administrative agency shall, within 24 hours from the date of accepting the application, make a decision on whether to approve or disapprove the voyage of the ship's business order; A decision of approval or disapproval shall be made within 7 days for a ship that has sailed in a specific water area for many times. Article 32 When a ship is engaged in the operation of filling liquefied natural gas and other low flash point gas fuels, it shall abide by relevant laws, regulations, standards and relevant operating rules, implement safety measures, and report the operation type, time, place, unit, ship name and other information to the maritime administrative agency before the operation; Any change in operational information shall be reported in a timely manner. When ships supply liquefied natural gas (LNG) and other gas fuels with low flash point characteristics, they shall implement the requirements of these Provisions on water lighterage. Article 33 Ships carrying dangerous goods shall abide by the special provisions of the maritime administrative agency on routes, navigation channels and other areas. Ships carrying explosives, radioactive substances, organic peroxides, flammable liquids with flash points below 28℃ and bulk liquefied gas shall not be towed with other barges. Article 34 A bulk LNG ship shall report the estimated time of arrival to the maritime administrative agency of the port of arrival 72 hours before its arrival (if the voyage is less than 72 hours, it shall be subject to leaving the last port). If the estimated arrival time changes, it shall also be reported 24 hours before arrival (if the voyage is less than 24 hours, it shall be subject to the departure from the last port). Thirty-fifth bulk liquefied gas ships entering and leaving the port, berthing and operating in the port shall implement safety measures in accordance with the requirements of relevant standards and norms. Where gas testing is conducted in navigable waters, the gas testing operation unit shall formulate a gas testing plan, organize safety risk demonstration and implement safety management measures. Ships carrying bulk liquefied natural gas and ships carrying other gas fuels with low flash point characteristics shall determine safety measures such as escort, safe distance, emergency anchorage, safety warning signs, etc. when entering and leaving coastal ports, berthing and operating in ports. Through special argumentation. Ships carrying bulk liquefied natural gas and ships carrying other gas fuels with low flash point characteristics shall implement the safety guarantee measures announced by the maritime administrative agency when sailing, berthing and operating in inland rivers. The maritime administrative agency shall, according to the local actual situation, evaluate and demonstrate, and determine the safety guarantee measures such as escort, reasonable safety distance, sound and light warning signs, etc. , and solicit the opinions of the relevant port and shipping management departments, announced to the public. In the case of the same tonnage, cargo type, navigation area and route of the ship, and the surrounding navigation safety conditions have not changed significantly, no evaluation and demonstration will be conducted. Article 36 In case of traffic accidents, illegal discharge, dangerous goods falling into the water, etc. when a ship is carrying dangerous goods, it shall report to the maritime administrative agency in accordance with regulations, and start the emergency plan in time to prevent the damage and harm from expanding. After receiving the report, the maritime administrative agency shall immediately verify the relevant situation, report to the maritime administrative agency at the next higher level and the local people's government at or above the county level in accordance with the requirements of the relevant emergency plan, and take corresponding emergency measures. Article 37 Inland river vessels carrying dangerous liquid goods in bulk shall clean the cargo premises such as docks, special anchorages and cabin washing stations after unloading. The tank washing water is handed over to the port receiving facilities, ship pollutant receiving units or professional receiving units for receiving and processing. Inland river vessels carrying dangerous liquid goods in bulk may be exempted from the cleaning specified in the preceding paragraph under any of the following circumstances: (1) The goods loaded by the vessel are consistent with the goods unloaded; (2) The cargo loaded by the ship is compatible with the cargo unloaded, and the consent of the cargo owner is obtained; (3) The ventilation procedures that can replace cleaning confirmed by the maritime administrative agency have been implemented. If the unloading port has no receiving capacity, the ship may clean the tank at the next port with written consent and report to the maritime administrative agency in time. Thirty-eighth ships carrying dangerous goods shall hang special warning signs and display special signals in accordance with the regulations when sailing, loading and unloading or berthing. When a ship carrying bulk liquefied natural gas sails in inland rivers, it shall determine the navigation plan and route in advance. Where a ship carrying bulk liquefied natural gas enters inland waters from the coast, it shall report the navigation plan and route to the maritime administrative agency of the first inland port passing by; If the port of origin is an inland river port, the ship shall report the sailing plan and route to the maritime administrative agency of the port of origin.

Chapter VI Supervision and Administration

Article 39 The maritime administrative agency shall supervise and inspect the dangerous goods carried by ships according to law. If the maritime administrative agency finds that there are potential safety hazards when a ship carries dangerous goods, it shall order it to eliminate them immediately or within a time limit; If the relevant units and individuals fail to eliminate them immediately or within the time limit, the maritime administrative agency may, in accordance with the provisions of laws and administrative regulations, take measures such as prohibiting them from entering or leaving Hong Kong or ordering them to suspend navigation, divert navigation and stop operations. Article 40 Where a ship carries dangerous goods under any of the following circumstances, the maritime administrative agency shall order the ship concerned to make corrections immediately or within a time limit: (1) The contents of the declaration or report are verified to be inconsistent with the actual situation; (2) Loading and unloading dangerous goods at docks, berths or non-designated waters without authorization; (three) the ship or its equipment does not meet the requirements of safety and pollution prevention; (four) the stowage and isolation of dangerous goods do not meet the requirements; (five) ship safety, pollution prevention measures and emergency plans do not meet the requirements.

Chapter VII Legal Liability

Forty-first ships carrying dangerous goods and related units in violation of these provisions and the provisions of the state on water traffic safety shall be given administrative punishment, which shall be implemented by the maritime administrative agency in accordance with relevant laws and regulations. If it is suspected of constituting a crime, the maritime administrative agency shall transfer it to the state judicial organs according to law. Article 42 In violation of these regulations, if the crew of a dangerous goods waterway transport enterprise fails to obtain a special training certificate, the maritime administrative agency shall order it to make corrections; if it belongs to dangerous chemicals, it shall be fined between 50,000 yuan and 6,543,800 yuan; if it belongs to dangerous goods other than dangerous chemicals, it shall be fined between 2,000 yuan and 20,000 yuan; Those who refuse to make corrections shall be ordered to make corrections. Article 43 If, in violation of the provisions of these Regulations, ships carrying dangerous goods and containers carrying dangerous goods, such as rigid intermediate bulk containers and movable tanks and cabinets for ships, are put into use without passing the inspection, the maritime administrative agency shall order them to make corrections and impose a fine of 654.38 million yuan to 200,000 yuan on dangerous chemicals. If there is illegal income, the illegal income shall be confiscated, and a fine of 654.38+0,000 yuan but not more than 30,000 yuan shall be imposed on dangerous goods other than dangerous chemicals. Those who refuse to make corrections shall be ordered to make corrections. Article 44 In case of any of the following circumstances in violation of these Regulations, the maritime administrative agency shall order it to make corrections, impose a fine of 50,000 yuan to 654.38+10,000 yuan on dangerous chemicals, and impose a fine of 30,000 yuan to 500 yuan on dangerous goods other than dangerous chemicals; Those who refuse to make corrections shall be ordered to make corrections: (1) Failing to load or isolate dangerous goods in accordance with regulations; (2) The shipper fails to explain to the carrier the type, quantity, dangerous characteristics and emergency measures in case of danger; (3) Failing to properly package the consigned dangerous goods in accordance with the relevant provisions of the state and setting corresponding marks on the outer packaging. Article 45 Where a ship carries dangerous goods into or out of a port and fails to go through the declaration formalities with the maritime administrative agency according to law, and transports dangerous goods in the navigable waters of inland rivers, the responsible person in charge or other persons directly responsible shall be fined between 20,000 yuan and 654.38 million yuan; Whoever transports dangerous goods in the sea areas under the jurisdiction of our country shall be fined 1000 yuan but not more than 30,000 yuan. Article 46 Whoever, in violation of the provisions of these Regulations, carries dangerous goods in the consigned ordinary goods, or falsely reports that the dangerous goods are consigned ordinary goods, shall be ordered by the maritime administrative agency to make corrections. If the goods are dangerous chemicals, a fine of 654.38 million yuan to 200,000 yuan shall be imposed. If there is illegal income, the illegal income shall be confiscated, and if it belongs to dangerous goods other than dangerous chemicals, a fine of 654.38 million yuan but not more than 30,000 yuan shall be imposed. Those who refuse to make corrections shall be ordered to make corrections. Article 47 Whoever, in violation of the provisions of these Regulations, issues a container packaging certificate for dangerous goods containers that do not meet the Technical Requirements for Container Packaging of Dangerous Goods at Sea shall be ordered by the maritime administrative agency to make corrections, and the unit that employs the on-site container packaging inspector shall be fined between 65,438 yuan 1 10,000 yuan and 30,000 yuan. Article 48 In case of any of the following circumstances in violation of these provisions, the maritime administrative agency shall order it to make corrections and impose a fine of not less than 500 yuan but not more than 30,000 yuan: (1) The shipper of dangerous goods delivered by the ship fails to report to the maritime administrative agency; (2) failing to declare the list, manifest or detailed stowage map to the maritime administrative agency before leaving the port; (3) Failing to report the estimated arrival time to the maritime administrative agency as required; (four) bulk liquefied natural gas ships sailing in inland rivers, failing to report the sailing plan and route to the maritime administrative agency in accordance with the provisions. Article 49 The staff of a maritime administrative agency has committed serious dereliction of duty such as abuse of power, malpractice for personal gain and dereliction of duty. , by their units or higher authorities in accordance with the law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Chapter VIII Supplementary Provisions

Article 50 The term "dangerous goods carried by ships" as mentioned in these Provisions includes: (1) packaged dangerous goods listed in the list of dangerous goods in Part III of the International Maritime Dangerous Goods Code (IMDG Code for short), and other packaged goods that are not listed but have been assessed as having security risks; (2) Group B solid bulk cargo in Appendix 1 of the International Maritime Code for Solid Bulk Cargo (IMSBC Code), and other solid bulk cargo assessed as having chemical hazards; (3) Bulk oil listed in Appendix 1 of Annex I to the International Convention for the Prevention of Pollution from Ships (MARPOL); (4) Bulk liquid chemicals listed in Chapter 17 of the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, and other bulk liquid chemicals that are not listed but have been assessed as having safety hazards; (5) Bulk liquefied gases listed in Chapter 19 of the International Code for Construction and Equipment of Bulk Liquefied Gases, and other bulk liquefied gases not listed but assessed as having potential safety hazards; (6) Other dangerous goods stipulated in international treaties and national standards to which China is a party or a signatory. If the substances listed in the Catalogue of Hazardous Chemicals do not belong to the dangerous goods specified in the preceding paragraph, they shall be implemented in accordance with the relevant provisions of the Regulations on the Safety Management of Hazardous Chemicals. Article 51 The term "Class B solid bulk cargo" as mentioned in these Provisions refers to the cargo classified as Class B in the column of Appendix 1 "Group" of the International Maritime Solid Bulk Cargo Rules or the cargo classified as Class A and Class B at the same time ... Article 52 These Provisions shall be implemented as of September 18, 2065. Provisions on the Safety Supervision and Management of Dangerous Goods Carried by Ships issued by OrderNo. 10 of the Ministry of Communications on March 30th, 2003, and Provisions on Amending the Rules on the Carriage of Dangerous Goods by Ships issued by Order No.4 of the Ministry of Communications on March 4th, 200312. 1996165438+1October 4 196 promulgated the Rules for the Transport of Dangerous Goods by Waterway (Part I of the Rules for the Transport of Dangerous Goods in Waterway Packaging) shall be abolished at the same time.

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