中華人民共和國(guó)防止船舶污染海域管理?xiàng)l例
發(fā) 文 號(hào):一九八三年十二月二十九日國(guó)務(wù)院發(fā)布
發(fā)布單位:一九八三年十二月二十九日國(guó)務(wù)院發(fā)布
nmental Protection Law of the People's Republic of China, preventingsea pollution by ships and maintaining the marine ecological environment.Article 2These Regulations are applicable to all Chinese and foreign vessels,shipowners and other individuals within the sea areas and harbors underthe jurisdiction of the People's Republic of China.Article 3The organs in charge of the prevention of vessel-induced pollution of themarine environment are the harbor superintendency administration of thePeople's Republic of China (hereinafter referred to as the "harborsuperintendencies").
【章名】Chapter II General Stipulations
Article 4All vessels in the sea areas and harbors under the jurisdiction of thePeople's Republic of China shall in no case discharge oils, oil-basedmixtures, waste materials and other toxic substances in violation of thestipulations of the Marine Environmental Protection Law of the People'sRepublic of China and these Regulations.Article 5No vessel shall discharge oils, oil-based mixtures, waste materials andother toxic substances into the freshwater of harbors close to rivermouths, special marine reserves and natural marine protection areas.Article 6When accidents of pollution occur in the sea areas caused by oil, oil-based mixtures and other toxic substances from vessels, measures shall beimmediately adopted to control and eliminate the pollution and a writtenreport shall be made to a nearby harbor superintendency administration asquickly as possible for investigation and treatment.Article 7In cases where marine accidents have caused, or are likely to cause, majorpollution damage to the marine environment, the harbor superintendencyadministration shall have the right to compel the adoption of measures toavoid or reduce this pollution damage, including measures of compulsoryelimination of pollution or compulsory towing of the vessels. The vesselscausing the problems shall bear all the costs arising therefrom.Article 8When vessels cause or find other vessels cause pollution or violate therelevant regulations in the sea areas under the jurisdiction of thePeople's Republic of China, the matter shall be handled in accordance withthe stipulations of Articles 36 and 37 of the Marine EnvironmentalProtection Law of the People's Republic of China.Article 9Vessels which need to conduct cabin-washing operations in the harbor mustadopt measures for safety and for preventing pollution damage to the seaareas. Applications shall be submitted in advance to the harborsuperintendency administration, and the operation may proceed only withapproval.Article 10To ensure safe pilotage and docking of oil tankers and to preventpollution of the sea areas, the ballast water kept in all empty oiltankers entering the harbor must be no less than one-fourth of thedeadweight capacity of the oil tanker in question. In cases where an oiltanker does not keep sufficient ballast water as stipulated, the harborsuperintendency administration shall investigate the whereabouts of itsballast water and handle the matter according to the circumstancestherearound.
Article 11After oil pollution accidents or discharges of oil in violation of theregulations have occurred, the vessels involved may not use oil-eliminating chemicals at their own discretion. If oil-eliminatingchemicals have to be used, applications by telephone or in written formshall be made to the harbor superintendencies in advance, with the brandnames, amounts and the areas for the application of the oil-eliminatingagents stated, and they may be used only with approval.Article 12In cases pollution accidents or pollutant discharges in violation of theregulations occur, the owners of the vessels involved or the persons whohave caused the problems and who are found or held economically liable forthe cleaning and compensation must complete the procedures of thefinancial guarantee for or the payment of the relevant sums of moneybefore the vessels set sail.Article 13Vessels carrying 2,000 tons or more of bulk oil or cargoes navigating oninternational navigation lines shall, in addition to implementing thestipulations of these Regulations, abide by the International Pact of 1969on Civil Liability for Harm from Oil Pollution, to which China hasacceded.
【章名】Chapter III Documents and Equipment for the Prevention of Vessel- induced Pollution
Article 14Documents for the prevention of vessel-induced pollution:(1) oil tankers of 150 gross tonnage or more, non-oil tankers of 400 grosstonnage or more and vessels carrying 2,000 tons or more of bulk oil andcargoes shall be respectively equipped with the corresponding documentsfor the prevention of pollution by vessels as stipulated in Article 28 ofthe Marine Environmental Protection Law of the People's Republic of China;(2) vessels shall also be equipped with all the other documents for theprevention of pollution as demanded by the harbor superintendencies.Article 15With regard to oil tankers of 150 gross tonnage or more and non-oiltankers of 400 gross tonnage or more, the equipment on board for theprevention of pollution shall meet the following requirements:(1) separate piping systems are used for the polluted water in the engineroom 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 installedand it is ensured that the discharged oil content of the treated oil-polluted water does not exceed 15 mg/liter, when discharged within 12nautical miles of the nearest land and not exceed 100 mg/liter, whendischarged beyond 12 nautical miles from the nearest land;(5) ships of 10,000 tonnage or more shall, in addition to satisfying theafore- mentioned requirements as stipulated in this Article, also beequipped with monitoring and control devices for oil discharge;(6) other pollution-prevention equipment installed on board the vesselsshall 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 aboverequirements shall be brought up to the stipulated requirements within 3years of the implementation of these Regulations.Article 16Oil tankers of under 150 gross tonnage and non-oil tankers of under 400gross tonnage shall be fitted out with specialized containers forretrieving residue oil and waste oil. These containers shall be able todischarge residue oil and waste oil to the receptacles at harbors andshall be equipped as stipulated in Clauses (3) and (6) of Article 15 ofthese Regulations.
【章名】Chapter IV Oil Operations and Discharge of Oil-polluted Water by Vessels
Article 17When performing oil loading or unloading operations, vessels must observethe following stipulations:(1) before the operations, the pipelines and valves must be examined,preparatory work done, the decks drainage holes closed and the relevantvalves leading to the sea shut;(2) the relevant equipment for oil operations must be examined and kept ingood condition;(3) containers for collecting oil shall be placed where oil overflow andoil leakage could occur;(4) both parties, primarily the recipient, shall earnestly act upon thecontracted signals agreed on through consultation by the oil supplier andthe oil recipient;(5) during the operations, there shall be sufficient personnel on duty,those who are on duty must stand fast at their posts, strictly observe theoperational rules, keep informed on and control over the progress of theoperations and prevent oil escape and leakage;(6) when operations stop, the relevant valves must be shut;(7) when brought in or untied, the flexible pipes must be sealed up withbuilt-in valves in advance, or other effective measures adopted to preventthe oil remaining in the pipes from flowing backward into the sea;(8) oil tankers shall make accurate entries of the situation of