Officially implemented! What are the changes in the new Marine Environmental Protection Law?
The Marine Environmental Protection Law of the People's Republic of China (hereinafter referred to as the Marine Environmental Protection Law) will come into effect on January 1, 2024. In order to further do a good job in the study and implementation of the revised Marine Environmental Protection Law, the Maritime Safety Administration of the Ministry of Transport recently issued the Notice on doing a good job in the study and implementation of the Marine Environmental Protection Law, requiring maritime management agencies at all levels to further improve their political standing, do a good job in the study and publicity of the Marine Environmental Protection Law, strictly implement the revised system requirements, and do a good job in implementing it. We will work together to promote high-quality development of transport and high-level protection of the Marine ecological environment, and give full play to the role of maritime administrative agencies in protecting the Marine environment.
Today, let's learn the changes in the provisions of the new Marine Environmental Protection Law on pollution prevention and legal liability of ships and related operational activities!
Overall revision of the new Marine Environmental Protection Law
Chapter distribution of Marine Environmental Protection Law 2023
The revised Marine Environmental Protection Law has been revised from 97 articles in 10 chapters to 124 articles in nine chapters, adding 27 articles. Among them, the fifth chapter of the new Marine Environmental Protection Law "Pollution Prevention and Control of Engineering construction projects" combines the two chapters of the old law "Prevention and Control of pollution damage to the Marine environment by coastal engineering construction projects" and "Prevention and Control of pollution damage to the Marine environment by Marine engineering construction projects".
On the basis of retaining the structure of Chapter 8 of the original Law, Chapter 7 "Pollution Prevention and Control of Ships and related Operational activities" has fully absorbed the practical experience of maritime management agencies on pollution prevention and control of ships and related operational activities, and has increased from 11 clauses in the old law to 14 clauses in the new law, adding a total of 3 clauses, mainly including the following:
1. Transform the relevant requirements in international conventions such as Ballast Water Convention and Ship Breaking Convention
2, new low-carbon emission reduction, shore power, ship energy efficiency and emission control area systems
3, improve the ship structure, anti-pollution equipment and equipment as well as certificates and documents, pollutant discharge and operation monitoring and monitoring
(4) Strengthen the content of supervision of pollution-hazardous goods carried by ships
5. Clarify the responsibilities of all relevant parties in the treatment and disposal of pollutants
1. Transform the relevant requirements in international conventions such as the Ballast Water Convention and the Ship Breaking Convention
01 Ballast water and sediment management
Comparison of old and new clauses
2017 Marine Environmental Protection Act:
Article 62 In the sea areas under the jurisdiction of the People's Republic of China, no ship or its related operations shall discharge pollutants, waste, ballast water, ship refuse or other harmful substances into the sea in violation of this Law.
Those engaged in the operation activities of receiving pollutants, wastes, refuse from ships, ship cleaning and tank washing must have the corresponding receiving and processing capacity.
2023 Marine Environmental Protection Act:
Article 79 In the sea areas under the jurisdiction of the People's Republic of China, no ship or its related operations shall discharge into the sea, in violation of the law, ship garbage, domestic sewage, oily sewage, sewage containing toxic and harmful substances, waste gas and other pollutants, waste, ballast water, sediment and other harmful substances.
Ships shall, in accordance with relevant State regulations, take effective measures to treat and dispose of ballast water and sediment, and strictly prevent and control the introduction of foreign harmful organisms.
Those engaged in the receiving of pollutants and wastes from ships and the cleaning and washing of ships shall have the corresponding receiving and processing capacity.
Penalty for violation
Article 93 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered by the department or institution exercising the power of Marine environment supervision and administration in accordance with the provisions of this Law to make corrections or to take such measures as restricting production or stopping production for rectification, and shall be fined; If the circumstances are serious, it shall be reported to and approved by the people's government with approval power and ordered to suspend business or close down:
(4) Illegally discharging pollutants into the sea by setting up hidden pipes, tampering with or falsifying monitoring data, or improperly operating pollution prevention and control facilities, etc.;
(5) violating the provisions of this Law on the discharge and management of ballast water and sediment;
(6) failing to discharge pollutants or wastes into the sea in accordance with the provisions of this Law.
Whoever commits the act referred to in item 4 of the preceding paragraph shall be fined not less than 100,000 yuan but not more than one million yuan; if the circumstances are serious, his permit to discharge pollutants shall be revoked; Whoever commits any of the acts in items 5 or 6 of the preceding paragraph shall be fined not less than 10,000 yuan but not more than 200,000 yuan.
02 Ship dismantling
New terms:
Article 86 The State maritime administrative agency shall organize the formulation of a list of hazardous materials whose installation and use are prohibited or restricted on vessels of Chinese nationality. The ship repairing unit or the ship owner, operator or manager shall keep a list of harmful materials on board the ship, keep it updated during the construction, operation and maintenance of the ship, and provide it to the unit engaged in ship dismantling before the ship is dismantled.
Article 87 Units engaged in ship dismantling shall take effective measures to prevent and control pollution, reduce pollutants from ships to the minimum amount before the ship is dismantled, and dispose of pollutants, wastes and other harmful substances from ships generated by the dismantling in a safe and environmentally sound manner. Disassembled ship parts shall not enter water bodies.
It is prohibited to carry out ship dismantling operations by means of beach flushing.
Penalty for violation
Article 109 A person who, in violation of the provisions of this Law, commits any of the following acts shall be ordered to make corrections and be fined by the department or institution exercising Marine environment supervision and management power in accordance with the provisions of this Law:
(1) Ports, wharves, loading and unloading stations, ship repair and dismantling units fail to equip or effectively operate facilities for receiving pollutants and waste from ships in accordance with regulations, or the structure of ships, anti-pollution equipment and equipment equipped with ships do not meet the State regulations on anti-pollution or have not passed inspection;
(2) engaging in the receiving of pollutants and wastes from ships and the cleaning and washing of ships, but not having the corresponding receiving and processing capacity;
(3) engaging in ship dismantling, old ship refitting, salvage or other above-water or underwater construction operations, causing pollution damage to the Marine environment;
(4) carrying out ship dismantling operations by means of beach flushing.
Whoever commits one of the acts in items 1 or 2 of the preceding paragraph shall be fined not less than 20,000 yuan but not more than 300,000 yuan; Whoever commits the act mentioned in paragraph 3 of the preceding paragraph shall be fined not less than 50,000 yuan but not more than 200,000 yuan; Whoever commits the act referred to in item 4 of the preceding paragraph shall be fined not less than 100,000 yuan but not more than one million yuan.
Article 110 Where, in violation of the provisions of this Law, one of the following acts is committed, the department or institution exercising the power of Marine environment supervision and administration in accordance with the provisions of this Law shall order it to make corrections and impose a fine:
(1) failing to keep a list of hazardous materials on board, failing to continuously update the list of hazardous materials during the construction, operation and maintenance of the ship, or failing to provide the list of hazardous materials to the unit engaged in ship dismantling before the ship is dismantled;
Whoever commits the act mentioned in paragraph 1 of the preceding paragraph shall be fined not more than 20,000 yuan.
Second, new low-carbon emission reduction, shore power, ship energy efficiency and emission control zones and other systems
01 Ship low carbon emission reduction and shore power facilities
Comparison of old and new clauses
2017 Marine Environmental Protection Act:
Article 13 The State shall strengthen research and development of science and technology for the prevention and control of Marine environmental pollution damage, and implement a system of elimination of backward production techniques and equipment that seriously pollute the Marine environment.
Enterprises shall give priority to the use of clean energy, adopt clean production processes with high resource utilization rate and low pollutant discharge, and prevent pollution to the Marine environment.
2023 Marine Environmental Protection Act:
Article 22 The State shall strengthen research and development of science and technology for the prevention and control of Marine environmental pollution damage, and implement a system of elimination of backward production techniques and equipment that seriously pollute the Marine environment.
Enterprises, public institutions and other producers and business operators shall give priority to the use of clean and low-carbon energy, adopt clean production processes with high resource utilization rate and low pollutant discharge, and prevent pollution to the Marine environment.
New terms:
Article 88
(1) The State advocates green, low-carbon and intelligent shipping, encourages ships to use new or clean energy, eliminates old ships with high energy consumption and high emissions, and reduces the emission of greenhouse gases and atmospheric pollutants. The local people's governments at or above the county level in the coastal areas shall formulate plans for the construction and renovation of facilities such as power generation at ports and ports and power generation for ships, and organize their implementation. The power supply capacity of port electric facilities shall be commensurate with the power demand of ships calling at ports.
(3) The State Council and the local people's governments at or above the county level in coastal areas shall, in accordance with relevant regulations, provide support for the renovation and use of electric power facilities at ports and ports and electric power facilities for ships, as well as for the construction of clean energy or new energy powered ships.
Penalty for violation:
Article 110 Where, in violation of the provisions of this Law, one of the following acts is committed, the department or institution exercising the power of Marine environment supervision and administration in accordance with the provisions of this Law shall order it to make corrections and impose a fine:
(5) Port operators with shore power supply capacity and shore power supply enterprises fail to provide shore power for ships with conditions for the use of shore power in accordance with State regulations;
(6) Failing to use shore power in accordance with State regulations when a ship that is qualified for the use of shore power calls at a port.
Whoever commits any of the acts in items 5 or 6 of the preceding paragraph shall be fined not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, he shall be fined not less than 100,000 yuan but not more than 500,000 yuan.
It should be noted that the ship shore power system will also be officially transformed from a regional system to a national system.
02 Ship energy efficiency
New terms:
Article 88
(2) Ships shall take effective measures to improve energy efficiency in accordance with relevant state regulations. Ships that have the conditions for the use of shore power shall use shore power in accordance with the relevant provisions of the State, except for the use of clean energy. Port operators and shore power supply enterprises that have the ability to supply shore power shall, in accordance with the relevant provisions of the State, provide shore power to ships that have the conditions for the use of shore power.
Penalty for violation:
Article 110 (3) specifies that if a ship fails to meet the relevant provisions by taking measures to improve its energy efficiency, it shall be fined between 10,000 yuan and 100,000 yuan.
03 Emission control area
New terms:
Article 92 The competent transport department under The State Council may delimit control areas for pollutant discharge from ships. Ships entering the control area shall comply with the relevant control requirements for pollutant discharge from ships.
Penalty for violation:
Article 110 (4) specifies that where a ship entering the controlled area does not meet the relevant control requirements for the discharge of pollutants from ships, it shall be fined between 30,000 yuan and 300,000 yuan.
Third, improve the ship structure, anti-pollution equipment and equipment as well as certificates and documents, pollutant discharge and operation monitoring and monitoring
01 Ship structure, anti-pollution equipment and equipment
Comparison of old and new terms:
2017 Marine Environmental Protection Act:
Article 64 Ships must be equipped with appropriate anti-pollution equipment and equipment. The structure and equipment of ships carrying goods with pollution hazards shall be able to prevent or reduce the pollution of the cargo on board to the Marine environment.
2023 Marine Environmental Protection Act:
Article 80
(1) Ships shall be equipped with appropriate anti-pollution equipment and equipment.
(2) The structure of the ship and the anti-pollution equipment and equipment equipped with it shall conform to the relevant provisions of the State for preventing and controlling pollution of the Marine environment by ships, and shall pass the inspection.
02 Certificate documents
Comparison of old and new terms:
2017 Marine Environmental Protection Act:
Article 63 Ships must, in accordance with relevant provisions, hold certificates and documents for the prevention of Marine environmental pollution, and shall truthfully record the discharge and operations involving pollutants.
2023 Marine Environmental Protection Act:
Article 80
(3) Ships shall obtain and hold certificates and documents for the prevention and control of Marine environmental pollution, and shall monitor and monitor the discharge and operation of pollutants, ballast water and sediments from ships in accordance with relevant provisions, and truthfully record and keep them.
03 Penalty for violation
Article 110 Where, in violation of the provisions of this Law, one of the following acts is committed, the department or institution exercising the power of Marine environment supervision and administration in accordance with the provisions of this Law shall order it to make corrections and impose a fine:
(2) The ship does not hold the anti-pollution certificate or anti-pollution document, or fails to monitor and control in accordance with the provisions, truthfully record and keep the discharge and operation records of pollutants, ballast water and sediments of the ship;
For acts mentioned in the second paragraph of the preceding paragraph, the amount of the fine shall be increased from less than 20,000 yuan to less than 100,000 yuan.
Fourth, strengthen the content of supervision and control of pollution-hazardous goods carried by ships
01 Requirements for declaration of transfer operation of polluted and hazardous cargo and loose liquid on board ships
Comparison of old and new terms:
2017 Marine Environmental Protection Act:
Article 67 The carrier, owner or agent of a ship carrying goods with pollution hazards in or out of a port must report to the competent maritime administration department in advance. No one may enter or leave a port, stay in transit or perform loading or unloading operations until approval is obtained.
Article 70 Ships and related operations shall abide by relevant laws, regulations and standards and take effective measures to prevent pollution of the Marine environment. The competent maritime administrative department and other relevant departments shall strengthen the supervision and administration of ships and relevant operational activities.
Vessels carrying out the transfer operations of goods hazardous to liquid pollution in bulk shall be reported to the competent maritime administrative department for approval in advance in accordance with relevant provisions.
2023 Marine Environmental Protection Act:
Article 83 The carrier, owner or agent of a ship carrying goods that are hazardous to pollution in or out of a port shall report to the maritime administrative agency in advance. No one may enter or leave the port or perform loading or unloading operations until approval is obtained.
Article 89 Ships and their relevant operations shall abide by relevant laws, regulations and standards and take effective measures to prevent pollution of the Marine environment. Maritime administrative agencies shall strengthen the supervision and administration of ships and related operational activities.
Vessels engaged in the transfer operations of cargo hazardous to liquid pollution in bulk shall work out operation plans, take effective safety and pollution prevention measures, and submit to the relevant provisions for approval in advance.
Penalty for violation:
Article 112 Any of the following acts, in violation of the provisions of this Law, shall be ordered by the department or institution exercising the power of Marine environment supervision and administration in accordance with the provisions of this Law to make corrections and be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan:
(1) Ships carrying goods that are hazardous to pollution enter or exit ports or perform loading and unloading operations without permission;
(2) When loading and unloading oil or toxic or harmful goods, both the ship and the shore fail to observe the safety and anti-pollution operation rules;
(3) failing to prepare an operation plan or to report for approval in accordance with relevant provisions when a ship is engaged in the transfer of goods hazardous to liquid pollution in bulk.
02 Requirements for hazardous goods
Comparison of old and new terms:
2017 Marine Environmental Protection Act:
Article 68 The documents, packaging, marks and quantity restrictions of the goods which are hazardous to pollution delivered to a vessel must comply with the relevant provisions on the goods loaded. Where it is necessary for ships to carry goods whose pollution hazards are unknown, assessments shall be made in advance in accordance with relevant provisions. In the loading and unloading of oil and toxic or harmful goods, both the ship and the shore must observe the safety and anti-pollution operation rules.
2023 Marine Environmental Protection Act:
Article 84 Where a ship is delivered to carry pollution hazardous goods, the shipper shall truthfully inform the carrier of the official name of the goods, the pollution hazard and the protective measures to be taken. The documents, packaging, marks and quantity restrictions of the goods hazardous to pollution shall conform to the relevant provisions on the goods delivered.
Where it is necessary for a ship to carry goods with unknown pollution hazards, an assessment shall be made in advance in accordance with relevant provisions.
In the loading and unloading of oil and toxic or harmful goods, both parties shall observe the safety and anti-pollution operation rules.
Penalty for violation:
Article 111 Where, in violation of the provisions of this Law, one of the following acts is committed, the department or institution exercising the power of Marine environment supervision and administration in accordance with the provisions of this Law shall order it to make corrections and impose a fine:
(1) refusing to report or falsely reporting the items declared for the carriage of pollution-hazardous goods by ships;
(2) The shipper fails to truthfully inform the carrier of the official name of the pollution-hazardous goods consigned, the pollution hazards and the protective measures to be taken;
(3) The documents, packaging, marking and quantity limitation of the pollution-hazardous goods delivered by the shipper to the carrier do not conform to the relevant provisions on the goods delivered;
(4) The shipper includes pollution-hazardous goods in the consigned general goods or falsely declares the pollution-hazardous goods as ordinary goods;
(5) where ships are required to carry goods whose pollution hazards are unknown and have not been assessed in advance in accordance with relevant provisions.
Whoever commits the act mentioned in paragraph 1 of the preceding paragraph shall be fined not more than 50,000 yuan; Whoever commits the act mentioned in paragraph 2 of the preceding paragraph shall be fined not less than 50,000 yuan but not more than 100,000 yuan; Whoever commits any of the acts in items 3 or 5 of the preceding paragraph shall be fined not less than 20,000 yuan but not more than 100,000 yuan; Whoever commits the act referred to in item 4 of the preceding paragraph shall be fined not less than 100,000 yuan but not more than 200,000 yuan.
5. Clarify the responsibilities of all relevant aspects in the treatment and disposal of pollutants
Comparison of old and new terms:
2017 Marine Environmental Protection Act:
Article 69 Ports, wharves, loading and unloading stations and ship repair plants must, in accordance with relevant provisions, have adequate receiving facilities for the treatment of pollutants and wastes from ships, and keep such facilities in good condition. Ports, wharfs, loading and unloading stations and ships handling oil must prepare emergency plans for oil spill pollution and be equipped with corresponding emergency equipment and materials for oil spill pollution.
2023 Marine Environmental Protection Act:
Article 85 The local people's governments at or above the county level where ports, docks, loading and unloading stations and ship repair and dismantling units are located shall make overall plans for the construction of facilities for the reception, transfer, treatment and disposal of ship pollutants, etc., and establish a corresponding joint supervision system for the reception, transfer, treatment and disposal of multi-departments.
The local people's governments at or above the county level in coastal areas shall be responsible for the supervision and administration of pollution prevention and control in fishing ports and fishing vessel berthing points in the sea areas under their administration and in the surrounding areas, standardize the recycling and disposal of production and domestic sewage and fishery garbage, and promote the construction of pollution prevention and control equipment and environmental clean-up and improvement.
Ports, wharves, loading and unloading stations and ship repair and dismantling units shall, in accordance with relevant provisions, be equipped with adequate receiving facilities for the treatment of ship pollutants and waste, so that the facilities are in good condition and operate effectively.
Ports, wharves, loading and unloading stations and ships loading and unloading oil and other hazardous pollution goods shall prepare pollution emergency plans and be equipped with corresponding pollution emergency equipment and equipment.
New terms:
Article 57 The local people's governments at or above the county level in coastal areas shall be responsible for the prevention and control of Marine garbage pollution in the sea areas under their administration, establish a system for monitoring and cleaning up Marine garbage, make overall plans for the construction of facilities for receiving, transferring and disposing of Marine garbage on land, and define the areas for the control and control of Marine garbage by relevant departments, townships, streets, enterprises and institutions. Establish and implement systems for monitoring, interception, collection, salvage, transportation and disposal of Marine garbage, and take effective measures to encourage and support public participation in the above activities. The departments of ecological environment, housing, urban and rural construction, development and reform under The State Council shall, in accordance with the division of responsibilities, strengthen supervision, guidance and guarantee for the prevention and control of Marine garbage pollution.
The newly revised Marine Environmental Protection Law has updated and improved the pollution prevention and control management of ships and related operational activities, and stipulates stricter legal liability for various illegal acts. It is hoped that the relevant enterprises and the majority of seafarers will strengthen the study of the law, understand the law and abide by the law, and enhance the awareness of ecological and environmental protection.
Check the comparison table before and after the revision of the Marine Environmental Protection Law of the People's Republic of China
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