Notice of the Maritime Safety Administration of the People's Republic of China on printing and distributing the Provisions on Equivalent Exemption from Administration of Vessels and Maritime Installations of Chinese Nationality
Notice of the Maritime Safety Administration of the People's Republic of China on printing and distributing the Provisions on Equivalent Exemption from Administration of Vessels and Maritime Installations of Chinese Nationality
Sea Vessel Regulation (2024) 28
Each direct maritime bureau:
The Regulations on Equivalent Exemption of vessels and maritime Facilities of Chinese Nationality have been deliberated and adopted by the 2nd Office Meeting of Directors of the Maritime Safety Administration of the Ministry of Transport in 2024, and are now issued to you. Please earnestly implement it in light of the actual situation, and do a good job of publicity and implementation in a timely manner.
Maritime Safety Administration of the People's Republic of China
March 11, 2024
Vessels of Chinese nationality and maritime facilities are exempted from the administrative provisions
Chapter I General rules
Article 1 These Provisions are formulated in accordance with the Regulations of the People's Republic of China on the Inspection of Ships and Marine Installations, the Regulations of the People's Republic of China on the Inspection of Fishery Vessels and other administrative regulations for the purpose of improving the inspection quality of ships and Marine installations, promoting the popularization and application of new technologies, and strengthening the administration of equivalence and exemption of ship technical specifications.
Article 2 These Provisions shall apply to the handling and management of equivalent and exemption matters for vessels and maritime installations of Chinese nationality.
This provision does not apply to military ships and sports ships.
Article 3 The Maritime Safety Administration of the People's Republic of China (hereinafter referred to as the China Maritime Safety Administration) shall be uniformly responsible for the supervision and administration of matters concerning equivalence and exemption of vessels and maritime installations of Chinese nationality.
China Maritime Safety Administration is responsible for formulating and publishing the list of common equivalents and exemptions and implementation guidelines.
Article 4 Each maritime bureau directly under the administration is specifically responsible for the supervision and administration of common equivalence and exemption matters of vessels of Chinese nationality.
Chapter II General provisions
Article 5 Where ships and offshore installations adopt new materials, new types, new equipment or novel designs, when it is determined through tests or other methods that their effectiveness is equivalent to that required by the technical specifications of the ships, equivalence matters shall apply.
Article 6 For ships and maritime installations with novel designs for specific purposes or environments, matters clearly specified in the technical specifications of ships, or where the technical specifications of ships are not applicable but can ensure safety, exemption matters shall be applied.
Article 7 Equivalence and exemption shall meet the safety and environmental protection objectives and functional requirements of the ship's technical specifications, and shall not damage or reduce the overall safety level of the ship and maritime facilities.
Article 8 The handling of equivalent or exemption matters for ships and maritime facilities is generally implemented in "one case, one case", and only one ship or maritime facility is handled at a time.
If the construction of multiple ships and offshore facilities of the same design and the applicable technical specifications are consistent, the equivalent and exemption matters can be handled at one time.
Article 9 The equivalence and exemption of newly built or major rebuilt ships and offshore facilities shall be submitted to the ship inspection authority responsible for drawing examination at the drawing examination stage.
Matters relating to the equivalence or exemption of a ship of foreign nationality converted to a ship of Chinese nationality shall be submitted to the ship inspection authority responsible for on-site inspection at the time of the initial inspection.
The third chapter proposes equivalent exemption
Article 10 The equivalence and exemption requirements of ships and offshore facilities shall be based on the safety and environmental protection objectives and functional requirements that meet the technical specifications of ships, combined with the structural characteristics and operational characteristics of ships and offshore facilities, select appropriate risk assessment methods to carry out risk identification and qualitative or quantitative analysis, formulate corresponding risk prevention and control measures, and prepare demonstration reports.
Article 11 Vessels and maritime installations that propose equivalent requirements shall submit the following materials:
(1) A brief description of the requirements, a brief description of the basic situation of the ship and the maritime facilities, equivalent matters and reasons;
(2) The demonstration report shall include at least the following contents:
1. Overview of the ship and offshore facilities: ship name (or drawing examination control number), ship type, navigation area, crew, main dimensions, ship structure, main equipment, functional uses, major alterations (if any), and information about the place where the ship is to be registered;
2. Reasons for taking equivalent measures, basis of terms and feasibility analysis;
3. The device, material, facility or equipment, appliance, or type of which equivalent measures are taken;
4. Risk analysis and prevention and control measures for the proposed equivalent measures as required by Article 10 of this Regulation;
5. Proof that the equivalent measures have been verified by means of tests or engineering analysis to be at least as effective as the requirements of the ship's technical specifications and that they do not impair or reduce the overall safety level of the ship and offshore installations.
Article 12 Vessels and maritime installations requesting exemption shall submit the following materials:
(1) A brief description of the requirements, a brief description of the basic situation of the ship and the maritime facilities, the matters and reasons for exemption;
(2) Demonstration report, including but not limited to the following:
1. Overview of the ship and offshore facilities: ship name (or drawing examination control number), ship type, navigation area, crew, main dimensions, ship structure, main equipment, functional uses, major alterations (if any), and information about the place where the ship is to be registered;
2. Reasons for exemption, basis of terms and feasibility analysis;
3. Risk analysis and prevention and control measures carried out after the proposed exemption from the requirements of the ship's technical specifications as required by Article 10 of these Provisions;
(4) Proof that the exemption measures have been verified by means of tests or engineering analysis for the specific use or environment of the ship and offshore installations, guaranteeing overall safety.
Article 13 No equivalent or exemption requirement shall be raised for ships and maritime installations under the following circumstances:
(1) The structure of the ship and the maritime facilities is unreasonable, resulting in failure to meet the requirements of the technical specifications of the ship;
(2) Ships and maritime facilities are seriously aged and cannot be completely repaired;
(3) The owner or operator is unable to repair the ship and maritime installations due to lack of funds.
The fourth chapter is the preparation of technical plans
Article 14 The ship inspection authority responsible for on-site inspection or drawing examination shall, within 5 working days after receiving the application materials, give opinions on the integrity of the materials and technical reasonability of the equivalent and exemption matters. If it meets the requirements, it shall be submitted to the provincial vessel inspection authority or an approved organization, with accompanying opinions; If it does not meet the requirements, it shall return the materials and explain the reasons.
Article 15 After receiving the transfer materials and accompanying opinions, the provincial ship inspection authority or the accredited organization shall promptly carry out technical evaluation and issue evaluation opinions, and may carry out expert demonstration according to the circumstances.
Article 16 Technology assessment shall adhere to the prevention of risks in advance, adhere to the bottom line of safety, including at least the feasibility of equivalence and exemption, the scientific nature of risk analysis, the effectiveness of risk prevention and control measures, and the impact on the overall safety level.
Article 17 A provincial-level vessel inspection authority or an accredited organization, after technical assessment, finds that the equivalent exemption is justified and technically feasible, and formulates the equivalent and exemption technical scheme for ships and maritime facilities. If it does not meet the requirements, the materials shall be returned and the reasons given by the ship inspection authority responsible for on-site inspection or drawing examination.
Chapter V Confirmation of technical solutions
Article 18 The provincial vessel inspection authority or the accredited organization shall, within 15 working days of receiving the transferred materials, submit materials such as equivalent and exemption technical schemes for ships and maritime facilities to the China Maritime Safety Administration or the Maritime Safety Administration directly under it.
In addition to the equivalent or exemption technical proposal, the submitted materials shall also include the complete set of materials submitted by the owner or operator of the ship and offshore facilities, expert arguments (if any), technical evaluation opinions, etc.
Article 19 The common equivalent or exemption items of a newly built or substantially rebuilt ship shall be reported to the maritime safety administration directly under the place where the ship is built (place of reconstruction) or the place where it is to be built (place of reconstruction).
Matters relating to the common equivalence and exemption of existing ships shall be submitted to the maritime administration directly under the place where the ship is to be registered.
Where there is no maritime safety administration directly under the ship's construction (alteration), proposed construction (alteration) or proposed registration, the matter shall be reported to the China Maritime Safety Administration or the designated maritime Safety Administration directly under the ship's registration.
Article 20 The China Maritime Safety Administration or the maritime bureau directly under the maritime Administration shall, within 5 working days after receiving the equivalent or exempted submission materials, conduct a formal review of whether the equivalent or exempted matters belong to the jurisdiction of the agency and whether the materials are available. If it does not meet the requirements, it shall return the materials and explain the reasons.
Article 21 The China Maritime Safety Administration or the maritime Safety Administration directly under it shall complete the technical confirmation and give the confirmation opinion within 15 working days from the date of the approval of the form review. If it is necessary to conduct expert demonstration under special circumstances, the time for expert demonstration shall not be included in the time limit specified in the preceding paragraph.
Article 22 The ship inspection institution responsible for on-site inspection shall carry out inspection according to the confirmation opinions of the China Maritime Safety Administration or the maritime safety Administration directly under it. After the completion of the inspection, the ship inspection authority shall, in accordance with the requirements of the technical specifications of the ship, sign the relevant matters on the exemption certificate/attachment or on the inspection certificate, at least including equivalent, exemption restrictions, technical requirements, etc.
Article 23 The provincial ship inspection authority or the accredited organization shall, within 15 working days after the completion of the issuance of the certificate (note), submit the electronic copy or copy of the issuance of the certificate to the maritime administrative authority that has made the confirmation.
Article 24 The equivalent and exemption confirmation documents directly under the Maritime Safety Administration shall be copied to the China Maritime Safety Administration together with relevant materials.
The China Maritime Safety Administration shall conduct spot checks on the materials submitted by the maritime safety Administration directly under it. If a problem is found, the relevant direct maritime bureau shall organize a reassessment or revocation of the equivalent or exemption confirmation opinion.
Article 25 Each maritime bureau directly under the maritime Administration shall establish the ship's equivalent and exempt working ledger, and do a good job of information submission:
(A) before the fifth day of each month to submit the previous month's ship equivalent, exemption and ship inspection authority certificate.
(2) Submit the ship's equivalent or exempted annual work report before December 31.
Chapter VI Supervision and responsibility
Article 26 The owner or operator of a ship or maritime installation shall truthfully submit the materials and shall be responsible for the authenticity of the contents of the materials.
Article 27 The ship inspection institution shall carry out the technical assessment in a fair and impartial manner, and carry out the inspection work strictly in accordance with the equivalent or exempted technical scheme.
Article 28 Ships and offshore installations shall carry with them valid certificates of equivalence and exemption and confirmation opinions, and ensure that relevant measures such as facility equipment, operational requirements or operational restrictions are effectively implemented to ensure that the safe level of ship operations is maintained.
Article 29 Maritime administrative agencies at all levels shall strengthen the management and supervision of equivalence and exemption of vessels and maritime facilities of Chinese nationality, ensure that relevant parties carry out equivalence and exemption work in strict accordance with these provisions, and may carry out on-site verification when necessary.
Article 30 Where the ship inspection authority has objections to the confirmation opinion, it may apply to the China Maritime Safety Administration for review.
Chapter VII Supplementary Provisions
Article 31 The meaning of equivalence or exemption for ships and maritime installations referred to in these Provisions shall be consistent with the meaning of equivalence or exemption in the technical specifications for ships.
Article 32 The Chinese Maritime Safety Administration shall be responsible for the interpretation of these provisions.
Article 33 These Provisions shall come into force as of May 1, 2024. The Interim Provisions on the Administration of Equivalence and Exemption of ships of Chinese Nationality (2007) No. 356) and the Notice on the Clear handling of several issues concerning equivalence and exemption of ships of Chinese nationality (2011) No. 715) shall be repealed simultaneously.
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