Laws of the People's Republic of China

REGULATIONS GOVERNING SUPERVISION AND CONTROL
OF VESSELS CARRYING DANGEROUS GOODS

(Promulgated by the Ministry of Communications
of the People's Republic of China
on October 29, 1981)

SUBJECT: MARITIME LAW

ISSUING-DEPT: MINISTRY OF COMUNICATION

ISSUE-DATE: 10/29/1981

IMPLEMENT-DATE: 01/01/1982

LENGTH: 2245 words

TEXT:

[Article 1] These Regulations are formulated with a view to strengthen the supervision and control of vessels carrying dangerous goods, to prevent catastrophic accidents, to ensure the safety of ports, vessels, property and human life and to facilitate maritime transportation.

[Article 2] These Regulations apply to vessels, organizations and personnel engaged in the loading, discharging and carriage of dangerous goods in port areas and waters of the People's Republic of China. The expression "dangerous goods" as used in these Regulations includes dangerous goods for military use under the category of articles of trade. As to vessels carrying dangerous goods for military use other than those coming under the above mentioned category, the relevant existing regulations shall be complied with.

[Article 3] The Harbour Superintendency Administration shall exercise adequate supervision and control of vessels carrying dangerous goods, and the vessels, organizations and personnel concerned shall be subject to the supervision, inspection and control of the Harbour Superintendency Administration.

[Article 4] Vessels carrying inbound dangerous goods or dangerous goods for transit shall, three days prior to the expected time of arrival (or on her departure from the port of sailing if the voyage takes less than three days), report directly or through their port agents to the Harbour Superintendency Administration, giving the descriptive names, quantity, properties, packing and place of stowage of the dangerous goods carried (including those in containers) and apply for entry permit, and shall only enter the port, discharge the cargoes or make transit therefrom on approval.

[Article 5] Vessels intending to load for export explosives, compressed gases, liquified gases, highly poisonous articles, radioactive substances, grade 1 inflammable liquids (with flash point below 28 degrees), grade 1 oxidizing agents, grade 1 inflammable solids, grade 1 spontaneous combustible substances, grade 1 substances emitting inflammable gases when wet, or grade 1 combustible substances when in contact with water, grade 1 corrosives or other substances having similar properties and hazard to those of the above mentioned substances shall, three days prior to the loading, apply to the Harbour Superintendency Administration for the "Permit for Loading Dangerous Goods by Ship" directly or through their port agents, and shall only load such cargo after appropriate approval has been obtained. Vessels intending to load other dangerous goods shall apply to the commercial department of the harbour authorities concerned for approval and a duplicate of the application form shall be sent to the Harbour Superintendency Administration for record.

[Article 6] Dry cargo vessels intending to load explosives or grade 1 inflammable liquids in drum shall apply to the Register of Shipping of the People's Republic of China for examination of the structure, equipment and installation of the vessel, and shall only be allowed to apply for loading operation after it has passed the examination and a certificate therefor has been issued.

Tankers carrying grade 1 inflammable liquids must hold a certificate of fitness issued by the Register of Shipping of the People's Republic of China.

[Article 7] When dangerous goods are to be loaded or discharged, the Cargo-handling Department of the port concerned shall inform the Harbour Superintendency Administration of such operation beforehand. Vessels applying for supervision of loading or discharging of dangerous goods shall submit a written application to the Harbour Superintendency Administration directly or through their port agents, the application for supervision of discharging being required to be made one day prior to the operation, while the application for supervision of loading, three days in advance. Besides, a cargo stowage plan should be attached and no alteration shall be made after their being approved by the Harbour Superintendency Administration.

Should there be any alterations required, permission should be obtained from the Harbour Superintendency Administration in advance.

The Harbour Superintendency Administration will issue the "Certificate of Supervision of Loading of Dangerous Goods" to the vessel after its supervision thereof and satisfaction therewith.

[Article 8] Cement or wooden are, in principle, not allowed to load inflammable liquids, poisonous articles, radioactive substances and substances emitting inflammable gases when wet. If it is absolutely necessary to load the above mentioned goods, strict safety measures such as increasing the freeboard, controlling and isolating the source of fire, sealing the holds and reinforcing their structure, etc. shall be taken and a report thereof shall be submitted to the Harbour Superintendency Administration for approval.

[Article 9] With passengers on board, passenger-cargo vessels shall, in principle, not carry dangerous goods. Should it be absolutely necessary to do so, the shipowner (or the operator) shall, besides complying with other articles of these Regulations, fill up the "Quantity Limitation Form of Dangerous Goods Carried by Passenger-cargo Ships". Such form shall be sent to the Harbour Superintendency Administration for record, and all dangerous goods shall be carried in strict compliance with the requirements set forth in the Quantity Limitation Form.

Passenger ferries are strictly prohibited from carrying dangerous goods.

[ARticle 10] No vessel carrying dangerous goods except passenger-cargo vessels shall take on board any person who has nothing to do with the shipping business.

[Article 11] When dangerous goods are to be loaded, the stowage of which should be properly made and should be in strict compliance with the "Segregation Table of Dangerous Goods". Explosives and grade 1 inflammable liquids should, in principle, be loaded after and discharged before other articles. At intermediate ports, no cargo should be loaded into the holds where explosives or grade 1 inflammable liquids are stowed. Should it be absolutely necessary to do so, the loading and stowage should be carried out strictly in accordance with the requirements for loading or discharging explosives and inflammable substances.

[Article 12] All dangerous goods shall be provided with proper packing and distinct and correct marks or lables. The carrying vessel should examine the goods before loading and should reject any of such goods which do not meet the above said requirements.

[Article 13] The loading or discharging of dangerous goods shall only be carried out at the designated berths or places. Before the operation, the vessel and the harbour authorities shall, in accordance with the properties of the dangerous goods and the requirements for loading and discharging thereof, make all necessary preparations and make all cargo handling devices, lighting, fire-fighting and protective appliances available for the operation, and experienced workers or specific gangs should be appointed and the handling of such goods should be in strict compliance with the operating procedures and requirements concerned. Smoking or any naked fire on the working spot is strictly prohibited and the cargo holds should be closed as soon as the operation is suspended.

[Article 14] While handling explosives, grade 1 inflammable liquids, poisonous or radioactive substances, the handling devices shall be operated at a deduction of 25% of their rated loads.

[Article 15] While handling dangerous goods of an inflammable or explosive nature, the electric handling machinery should be fitted with sealed spark-proof devices, and the bunker oil handling machinery should be equipped with spark-extinguishers.

[Article 16] Vessels while loading or discharging explosives or grade 1 inflammable liquids shall not undertake repair or use of any radio, radio transmitter or any device or article liable to cause spark, nor shall they carry out such operations as bunkering, supplying fresh water, chipping or scraping while the loading or discharging is taking place.

[Article 17] Any vessel intending to carry radioactive substances shall strictly observe the Quantity Limitations for the Carriage of Radioactive Substances and the handling operations shall be carried out within the authorized working hours.

[Article 18] Oil tankers shall strictly observe the "Regulations Governing Control of Oil Tankers with Respect to Safe Operations" promulgated by the Ministry of Communications of the People's Republic of China. In case oil tankers or oil barges are used as temporary oil depots on water, adequate reports shall be submitted in advance to the Harbour Superintendency Administration for approval, whereupon, such vessels shall take berths at the designated places.

[Article 19] No boat or barge carrying explosives or grade 1 inflammable liquids shall be towed together with other boats or barges. In towage operation, oil fuel tugs and non steel hawsers shall be used. The funnels of such tugs shall be fitted with spark extinguishers and, for the sake of safety, the tugs shall keep proper distance from the barges being towed.

[Article 20] Any vessel carrying dangerous goods shall strictly comply with port regulations and regulations for preventing collisions. While handling cargoes or navigating or berthing, such vessel shall keep well clear of other vessels or installations as practicable as possible and shall, in addition, hoist or exhibit the prescribed signals. Under conditions of bad weather or poor visibility or those as not to ensure safety of navigation, such vessel shall not enter or leave the port, berth alongside or leave the wharf or go through locks.

[Article 21] In order to ensure the safety of vessels carrying explosives, radioactive substances or grade 1 inflammable liquids when entering or leaving the port, the Harbour Superintendency Administration may send over convoy ship(s) where it deems it necessary, and the cost of convoy shall be for the account of the vessel(s) being convoyed.

[Article 22] In case of any package of dangerous goods getting loose or leaking or falling into water, or of any other accidents happening during loading, discharging or shipping, immediate proper measures shall be taken and the matter shall be reported to the Harbour Superintendency Administration promptly.

[Article 23] No vessel is allowed to discharge or dump hold washings or residues from the holds in which dangerous goods were once stowed unless permitted by the Harbour Superintendency Administration.

[Article 24] The Harbour Superintendency Administration may suspend the cargo handling operation and give orders to the captain, persons and departments concerned to take necessary measures of safety under any of the following circumstances:

(a) Entering the port and handling dangerous goods without being permitted;

(b) Handling dangerous goods at places or berths not designated for such purpose;

(c) Cargo handling devices and implements or ship's equipments fail to meet the requirements;

(d) The stowage being not in compliance with the requirements of segregation;

(e) Concealment or misrepresentation of the dangerous goods;

(f) Accidents happening during cargo handling operation or existence of risks of potential accident.

[Article 25] Nuclear ships must hold valid safety certificates, must be subject to special supervision, inspection and control by the Harbour Superintendency Administration, and shall not enter or leave the ports or territorial seas of the People's Republic of China unless permission has been obtained.

The provisions of this article are not applicable to ships of war of the People's Republic of China.

[Article 26] In case of any vessel or person violating these Regulations, the Harbour Superintendency Administration shall, judging from the seriousness of the case, fine the vessel up to 5,000 Yuan RMB and warn the offender or have his certificate forfeited, or fine him up to 500 Yuan RMB. The penalty imposed by the Harbour Superintendency Administration shall not prejudice other punishments given by the departments concerned according to relevant regulations.

Any person who has violated these Regulations and has caused serious damages or heavy losses shall, in accordance with "The Penal Law of the People's Republic of China", be liable for all legal consequences.

[Article 27] Any vessel polluting China's water areas or sea shore in the course of loading, discharging or shipping of dangerous goods shall be dealt with according to the Regulations Governing the Prevention of Pollutions promulgated by the People's Republic of China.

[Article 28] These Regulations shall come into effect on January 1, 1982. Detailed regulations or by-laws will be promulgated by various Chinese ports under the guidance of the principles of these Regulations, bearing in mind the specific conditions of each of those ports. Under the by-laws, the time limit for the application by small sized vessels for the carriage of dangerous goods can be relaxed as appropriate.

The above said by-laws should be sent to the Ministry of Communications of the People's Republic of China for record.