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| Specific Rules on Port Dangerous Goods |
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Article 1 The Specific Rules are formulated, in accordance with the relevant laws and administrative regulations such as the Port Law of PRC (the Port Law in short), Safety Production Law of PRC (the Safety Production Law in short) and the Specific Rules on Safety Management of Dangerous Chemicals, for the purpose of strengthening port management of dangerous goods and protecting the safety of life and property. Article 2 The Specific Rules are applicable to the operations of port loading and discharge, barging, warehousing and storage, packaging and stuffing and unstuffing of containerized dangerous goods (hereinafter referred to as the "port operations of dangerous goods"). The construction and operation of the ports facilities for the port operations of dangerous goods shall be subject to the relevant provisions in the Specific Rules. Article 3 "Dangerous goods" referred to in the Specific Rules mean the goods with explosive, flammable, toxic, erosive and/or radioactive characteristics as listed in the List of Dangerous Goods of National Standard GB12268 and the International Dangerous Goods Code enacted by the International Maritime Organization, which are in special need of precautions and protection against loss of or damage to life and property during waterway transport, port handling and warehousing and storage. Article 4 The Ministry of Communications shall be responsible for the national port administration of dangerous goods. As per the duties and responsibilities designated by local people's governments, the competent authorities of transport and communications (port) at the provincial or municipal level thereunder shall be responsible for the administration of dangerous goods at the ports within the respective administrative region. In the place where the port is located, the port administration department under the local people's government shall be responsible for the specific administration of dangerous goods. Article 5 Any port handling or storage of national waterway contraband dangerous goods is prohibited. Article 6 Construction, transformation and expansion of dangerous goods port facilities such as handling terminals, warehouses, yards, tanks, anchorages, etc. shall be subject to the overall port planning and relevant national standards and specifications and, upon the approval of local port administration department, pass the examination and approval formalities in conformity with relevant national infrastructure procedures. When approving construction, transformation and expansion of dangerous goods terminals and anchorages, the port administration department shall obtain the approval of marine safety administration agency beforehand. Article 7 Prior to engagement into operation, the terminals, warehouses, yards, tanks and anchorages for port operations of dangerous goods shall be inspected and approved in accordance with relevant national rules and regulations and the delivery of port facilities shall be subject to such inspection and approval. Article 8 Port operators to be engaged in port operations of dangerous goods shall be in possession of the conditions as provided for in the Article 9 and tender application to the local port administration department for qualification assessment. Port operators are, in case of failure to obtain the subject qualification, prohibited from engagement in port operations of dangerous goods. Article 9 Port operators to be engaged in port operations of dangerous goods shall be in possession of the following conditions: 1. Approved conditions of port operation as specified in the Port Law; 2. Contingency equipment and facilities in compliance with the national standard; 3. Complete safety management system and operational procedures; 4. At least one major person in charge shall have the safety production knowledge and managerial competency relating to port operations of dangerous goods; 5. Sufficiently manned by managerial and operational staff with qualification certificates; 6. Accident contingency plan; 7. Approved by the fire fighting and environmental protection departments. The subject accident contingency plan shall include the general conditions of port facilities such as handling terminals, warehouses, yards, tanks, anchorages, etc., key subdivisions, constitution and duties of contingency panel, contingency measures, salvage flowcharts, commanding order list, communication methods and contacting list. Article 10 Within thirty days since the receipt of qualification application, the port administration department shall, through assessment in conformity with the provisions in Article 9, make approval or rejection. The port administration department shall, in case of approval, determine the operational scope as per the capability of dangerous goods operation of port operators and issue the corresponding port dangerous goods operation license or, in case of rejection, make explanation in writing to the applicator. Article 11 The port dangerous goods operation license shall, in the exclusive form provided by the competent authority of transport and communications under the State council, be issued, released and administrated by the local port administration department. Article 12 Enterprises engaged in port operations of dangerous goods shall perform port operations of dangerous goods within the scope as specified in the port dangerous goods operation license. Article 13 Enterprises engaged in port operations of dangerous goods shall conduct safety training of the persons engaged in such operations. The managerial and operational staff engaged in such operations shall receive trainings on the relevant laws, rules and regulations, safety knowledge, professional skills, sanitary protection and contingency salvage and take the examinations of the Ministry of Communications or the agency thereof. Only after passing the examinations and obtaining qualification licenses may the staff perform the actual operations. Article 14 The organs engaged in the training of port dangerous goods operators shall be equipped and supplied by corresponding educational resources and conduct trainings in accordance with the subjects, examination outlines and training outlines so as to ensure the qualifications of trainees. Article 15 The entry or departure vessels carrying dangerous goods shall make reports concerning the descriptions of dangerous goods, physical and chemical characteristics, packages and time of entry or departure to the marine safety administration agency 24 hours prior to the arrival at or departure from the ports. The vessels with fixed schedules, routes and types of cargo may, in accordance with the relevant rules and regulations, make regular reports to the marine administration agency. Upon the receipt of such reports, the marine administration agency shall inform the local port administration departments of the information as container therein. Article 16 Operation entrusters shall provide the enterprises engaged in port operations of dangerous goods with accurate and complete information on the descriptions, national or United Nations codes, proper packages, possible damages and contingency measures. Operation entrusters shall not contraband dangerous goods in entrusted general cargo or misstate or conceal the carriage of dangerous goods. Article 17 In 24 hours prior to the operations of dangerous goods such as port handling, barging, warehousing, packaging, stuffing and unstuffing, the enterprises engaged in port operations of dangerous goods shall make reports on the operation entrusters, descriptions, quantity, physical and chemical characteristics of dangerous goods, time and place of operation and safety precautions to the local port administration department who shall, within 24 hours since the receipt of reports, inform the reporters of approval or rejection and promptly report the relevant information to the marine safety administration department. No port operation of dangerous goods is allowed without the approval of port administration department. Article 18 The enterprises engaged in port operations of dangerous goods shall conduct port operations in conformity with the safety management system and operational procedures. Article 19 The persons engaged in port operations of dangerous goods shall conduct port operations in conformity with the enterprise safety management system and operational procedures. Article 20 The enterprises engaged in port operations of dangerous goods shall conduct inspection of packages of dangerous goods and, in case of any inconformity with the relevant national standards, stop operation and promptly inform the entrusters of proper disposal. The port administration department shall, in accordance with the relevant national rules and regulations, conduct selective inspection of packages of dangerous goods and, in case of any inconformity, instruct the entrusters of proper disposal. Article 21 Enterprises shall designate the working areas and persons in charge of enclosure management of port operations of explosives, compressed gas, liquefied gas, flammable liquid and solid, self-ignition goods and wet flammable goods. Clear signals shall be set in the working areas to forbid the entry of irrelevant persons and berthing of irrelevant vessels. No flame or smoke work is allowed during the period of operation. Article 22 The enterprises engaged in port operations of dangerous goods shall, in case of detecting the following events, procure prompt disposal and report to the local port administration department: 1. Any dangerous goods that have been concealed, misstated or wrongly declared; 2. Any dangerous goods with nature in conflict as detected among general goods or in containers. Article 23 The enterprises engaged in port operations of dangerous goods shall, in accordance with the accident contingency plans, conduct regular drills, make drilling records and revise the plans as per actual conditions. Article 24 The enterprises engaged in port operations of dangerous goods shall, when incurring accidents during port operations, immediately start the accident contingency plan, perform contingency actions, minimize damages and control further deterioration of accident. The enterprises shall, in accordance with the relevant national laws and regulations, report to port administration departments and other relevant entities. Article 25 The port administration department shall make accident contingency plan and, in case of incurring accidents during port operations of dangerous goods, organize timely salvage. When serious accidents occur, the port administration departments and other relevant entities or enterprises shall, subject to the commands of local people's government, positively coordinate salvage and report to the relevant departments in accordance with relevant rules and regulations. Article 26 The port administration department shall regularly audit the enterprises engaged in port operations of dangerous goods and make standardization and rectification of unqualified enterprises or cancel the qualification in conformity with the provisions in Article 54 of the Safety Production Law. Article 27 When conducting supervision and inspection upon the enterprises engaged in port operations of dangerous goods, the port administration department and its officials shall have the following rights: 1. Entry into and inspection of working areas of dangerous goods, perusal, excerption and copy of relevant documents or data and making recommendations; 2. Instruction on suspension in case of detecting inconformity of dangerous goods port operations and contingency equipment and facilities with the relevant laws, rules and regulations or standards and specifications; 3. Instruction on immediate or timely elimination of near-accidents; 4. Instruction on immediate or timely correction of any act in breach of law. Article 28 Any enterprise engaged in port operations of dangerous goods without qualification approval, which is in breach of this provision, shall be subject to the punishment by local port administration department in accordance with the provisions in Article 65 of the Specific Rules for Administration of Dangerous Chemicals; enterprisers engaged in other operations of dangerous goods in port operation are subject to the fine of less than RMB30000 by local port administration. Enterprises with no approval of port operation shall be punished in accordance with Article 48 of the Port Law. Article 29 Any act in breach of the following clauses as provided for in the Specific Rules for Administration of Dangerous Chemicals shall be subject to the punishment by local port administration department in accordance with the provisions in Article 65 of the Specific Rules; any of the following acts in operation that is not in breach of the Specific Rules is subject to the fine of less than RMB30000 and correction by local port administration: 1. The staff member engaged in port operations of dangerous goods has not passed examination and obtained the qualification; 2. Handling or storage of national contraband waterway transport dangerous goods; 3. Operation entrusters fail to provide the descriptions, national or UN codes, proper packages, possible damages and contingency measures of dangerous goods or any misstatement thereof; 4. Dangerous goods with nature in conflict among the general goods or in containers of entrusted operation; 5. Inspection of packages of dangerous goods not in conformity with the relevant rules and regulations. Article 30 Enterprises engaged in port operation of explosives, compressed gas, liquefied gas, flammable liquid and solid, self-ignition goods and wet flammable goods shall, in case of failure to designate working areas and persons in charge of enclosure management, be subject to the punishment by the port administration department as provided for in the Item 1 in Article 85 of the Safety Production Law. Article 31 Enterprises engaged in port operation of dangerous goods shall, in case of failure to be equipped and supplied by necessary contingency appliances, safety equipment and facilities in conformity with relevant rules and regulations, standards and specifications, be subject to the punishment by the port administration department as provided for in the Item 5 in Article 83 of the Safety Production Law. Article 32 Any following act shall be subject to the punishment by the port administration department as provided for in the Article 85 of the Safety Production Law: 1. Incomplete safety management system and operation procedures; 2. Failure to conduct regular drills in accordance with the accident contingency plan. Article 33 Enterprises shall, in case of failure to conduct the relevant safety training of operational staff engaged in port operations of dangerous goods, be subject to the punishment by the port administration department as provided for in the Item 3 in Article 82 of the Safety Production Law. Article 34 The port administration department may, in accordance with the provisions in Article 51 of the Port Law, cancel the port operation licenses of port operators committing serious illegal behaviors as specified in Article 29, Article 30, Article 31, Article 32 and Article 33. Article 35 Any construction, transformation and expansion of dangerous goods port facilities such as handling terminals, warehouses, yards, tanks, anchorages, etc. without approval, which is in breach of the provisions of Article 6, shall be subject to the punishment by the port administration department as provided for in Article 46 of the Port Law. Article 36 The enterprises engaged in port operations of dangerous goods shall, in case of failure to make report to the port administration department and obtain approval prior to operation, be subject to the punishment by the port administration department as provided for in Article 53 of the Port Law. Article 37 The persons engaged in port operations of dangerous goods shall, in case of failure to observe safety management system and operational procedure, be subject to the punishment as specified in relevant rules and regulations by port operation entities. When serious accidents occur, the criminal liabilities of the persons in question shall, in case of committing a crime, be investigated by relevant agency. Article 38 Failure to report accidents in port operations of dangerous goods shall be subject to the punishment as specified in Article 91 and Article 92 of the Safety Production Law. Article 39 The enterprises engaged in port operations of dangerous goods shall, in case of failure to have the conditions as specified in Article 9, be subject to the suspension of business by the port administration department and the qualification licenses shall, in case of failure to satisfy the requirements after suspension of business, be cancelled. The criminal liabilities of enterprises in question shall, in case of committing a crime, be investigated by relevant agency. Article 40 During the implementation of the Specific Rules, any abusing of power, neglect and negligence or embezzlement of officials from the competent authority of transport and communications (port) and port administration department shall be subject to administrative punishment and the criminal liabilities of officials in question shall, in case of committing a crime, be investigated by relevant agency. Article 41 The Specific Rules shall take effect as of January 1, 2004 and concurrently repeal the Provisional Regulations on Port Administration of Dangerous Goods ((84) J.H.Z. No.1181) promulgated by the Ministry of Communications in 1984. In case of any conflict with other rules and regulations prior to the enforcement of this Specific Rules, the latter shall prevail. |
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