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On May 11, 2022, the Ministry of Transport of the People’s Republic of China (MoT) issued the draft amendments to the Provisions on the Safety Supervision and Administration of Transport of Dangerous Goods by Vessels1 (hereinafter referred to as Provisions) to solicit public comments. The consultation will end on June 11, 2022.
The amendments to the Provisions were drafted based on the Maritime Traffic Safety Law of the People’s Republic of China2, Regulations on Administration of Traffic Safety in Inland Rivers3, Regulations on the Control over Safety of Hazardous Chemicals4, etc.The Provisions update the conditions of permission for carriage of dangerous goods by vessels into or out of ports and their lightering operations, shorten the review period for regular declaration, optimize the supervision and management model, and further clarify the scope of dangerous goods that can be transported by vessels.
The major updates are summarized as below:
For shippers who intend to transport dangerous goods that are not listed in the International Maritime Dangerous Goods Code (IMDG Code) or List of Dangerous Goods (GB 12268-2012), they shall submit relevant identification materials for dangerous goods transport conditions which are issued by professional institutions.
For vessels carrying liquified natural gas in bulk and other gaseous fuels with low flash point, if they are going to enter and leave the port, berth in the port, or sail in inland river, the corresponding security measures (e.g., escort, safety distance, emergency anchorage, safety warning signs) shall be determined in advance.
For vessels carrying dangerous goods, if they are suspected of concealing or falsely reporting dangerous goods, the authority may conduct out-of-box audits of dangerous goods cargoes and sampling inspections.
Other liquid cargoes in bulk that are considered oils by the International Maritime Organization are falling the scope of dangerous goods that can be transported by vessels under the Provisions.
Besides, the draft introduced tougher administrative penalties for violation against the Provisions. More specifically:
Violators (shippers, captains, crew members, etc.) shall be fined from 500 CNY to 300,000 CNY due to different kinds of violations prescribed in the Provisions, such as transporting dangerous goods in the sea area under the jurisdiction of China, transporting hazardous chemicals in inland rivers, smuggling dangerous goods through general cargoes or misreporting dangerous goods as general cargoes, etc.
The certificates of competency shall be revoked if the captains and crew members break the rules specified in the Provisions.
Click draft amendments (in Chinese) for more details.
