Officially implemented! What are the changes in the new Marine Environmental Protection Law?
Release time：2024-08-15click：1
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 improve 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 Effectively Studying and Implementing the "Marine Environmental Protection Law"", requiring maritime management agencies at all levels to further improve their political stance position, do a good job in studying and publicizing the "Marine Environmental Protection Law", strictly implement the revised system requirements, do a good job in implementation, coordinately promote the high-quality development of transportation and high-level protection of the marine ecological environment, and give full play to the role of maritime management agencies in protecting role in the marine environment.
Let us learn together the changes in the new "Marine Environmental Protection Law" regarding pollution prevention and legal liability provisions from ships and related operating activities!
The overall revision of the new "Marine Environment Protection Law"
The 2023 version of the "Marine Environment Protection Law" Chapter distribution
The revised "Marine Environmental Protection Law" has been revised from the original ten chapters with 97 articles to nine chapters with 124 articles , adding 27 clauses. Among them, Chapter 5 "Prevention and Control of Pollution from Engineering Construction Projects" in the new "Marine Environmental Protection Law" merges the "Prevention and Control of Pollution Damage to the Marine Environment from Coastal Engineering Construction Projects" and "Prevention and Control of Pollution Damage to the Marine Environment from Marine Engineering Construction Projects" in the old law. Damage" two chapters.
Chapter 7 "Prevention and Control of Pollution from Ships and Related Operational Activities", on the basis of retaining the structure of Chapter 8 of the original law, fully absorbs the management practices of maritime administration agencies on the prevention and control of pollution from ships and related operating activities. According to experience, the 11 clauses in the old law have been increased to 14 clauses in the new law, with a total of 3 clauses added, mainly including the following items:
1. Transformation of the "Ballast Water Convention" and "Demolition" Relevant requirements in international conventions such as the Shipping Convention
2. Newly added systems such as low-carbon emission reduction, shore power, ship energy efficiency and emission control areas
< div> 3. Improve the ship structure, anti-pollution equipment and equipment, as well as the regulations on certificates and documents, pollutant discharge and operation monitoring and control
4. Strengthen the supervision of ships carrying pollution-hazardous goods Content
5. Clarify the various aspects of pollutant reception, transfer, treatment and disposalResponsibilities of relevant parties
1. Transform relevant requirements in international conventions such as the Ballast Water Convention and the Ship Recycling Convention
01
Ballast water and sediment management aspects
Old and new terms Comparison
2017 "Marine Environmental Protection Law":
Article 62 In the waters under the jurisdiction of the People's Republic of China, any ship and related operations shall not violate This law discharges pollutants, waste and ballast water, ship garbage and other harmful substances into the sea.
Those engaged in the reception of ship pollutants, wastes, ship garbage, ship clearance and tank washing operations must have corresponding receiving and processing capabilities.
2023 "Marine Environmental Protection Law":
Article 79 In the waters under the jurisdiction of the People's Republic of China, any ship and related operations may not illegally The ocean discharges pollutants such as ship garbage, domestic sewage, oily sewage, sewage containing toxic and harmful substances, exhaust gas, waste, ballast water, sediments and other harmful substances.
Ships should take effective measures in accordance with relevant national regulations to treat and dispose of ballast water and sediments, and strictly prevent and control the introduction of foreign harmful organisms.
Those engaged in the reception of ship pollutants and waste, as well as ship clearance and tank washing operations, shall have corresponding receiving and processing capabilities.
Punishment for violation
Article 93 Anyone who violates the provisions of this Law and commits any of the following acts shall be subject to marine environmental supervision and management in accordance with the provisions of this Law The competent departments or institutions shall order corrections or take measures such as restricting production or suspending production for rectification, and impose fines; if the circumstances are serious, they shall be ordered to suspend business or close down upon approval by the people's government with the power to approve:
< div> (4) Illegal discharge of pollutants into the ocean by evading supervision by setting up private hidden pipes, tampering or forging monitoring data, or improperly operating pollution prevention and control facilities;
(V ) Violates the provisions of this Law regarding the discharge and management of ballast water and sediments from ships;
(6) Other discharges of pollutants and waste into the ocean that fail to comply with this law.
Whoever commits the act of Item 4 of the preceding paragraph shall be fined not less than RMB 100,000 but not more than RMB 1 million. If the circumstances are serious, the pollutant discharge permit shall be revoked; Anyone who commits any of the six acts shall be fined not less than RMB 10,000 but not more than RMB 200,000.
02
Ship dismantling
< div> New clauses:
Article 86 The national maritime administration agency shall organize the formulation of a list of hazardous materials that are prohibited or restricted from installation and use on Chinese ships. The ship repair and building unit or the ship owner, operator or manager shall have a list of hazardous materials on board the ship, which shall be continuously updated during the ship construction, operation and maintenance process, and provided to the unit engaged in ship dismantling before the ship is dismantled.
Article 87 Units engaged in ship dismantling shall take effective pollution prevention and control measures to reduce ship pollutants to the minimum before dismantling the ship, and to deal with the pollution caused by dismantling. Safe and environmentally sound disposal of ship pollutants, waste and other harmful substances. Disassembled ship parts must not enter the water body.
It is prohibited to carry out ship dismantling operations by beach washing.
Punishment for violation
Article 109 Anyone who violates the provisions of this Law and commits any of the following acts shall be subject to marine environmental supervision in accordance with the provisions of this Law The department or agency with administrative power shall order corrections and impose fines:
(1) Ports, docks, loading and unloading stations, ship repairing, building and dismantling units fail to equip or effectively operate ship pollutants, waste The ship's material receiving facilities, or the ship's structure, anti-pollution equipment and equipment do not comply with national anti-pollution regulations or have not passed the inspection;
(2) Engage in ship pollutants and waste Those who do not have the corresponding receiving and processing capabilities for receiving, ship clearance and tank washing operations;
(3) Engaging in ship dismantling, old ship modification, salvage and other above-water and underwater construction operations, causing pollution and damage to the marine environment;
(4) Using beach washing to carry out ship dismantling operations.
Anyone who commits one of the acts in Item 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 in Item 3 of the preceding paragraph shall be fined 50,000 yuan. A fine of not less than RMB 200,000 but not more than RMB 200,000 shall be imposed; whoever commits the acts mentioned in Item 4 of the preceding paragraph shall be fined not less than RMB 100,000 but not more than RMB 1,000,000.
Article 110 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered to make corrections and fined by the department or institution exercising the power to supervise and manage the marine environment in accordance with the provisions of this Law:< br />
(1) Failure to keep a list of hazardous materials on board, failure to continuously update the list of hazardous materials during the construction, operation and maintenance of the ship, or failure to provide the list of hazardous materials before the ship is dismantled To units engaged in ship dismantling;
Anyone who commits the act in Item 1 of the preceding paragraph shall be fined not more than 20,000 yuan.
2. New systems for low-carbon emission reduction, shore power, ship energy efficiency and emission control areas < /div>
01
Low-carbon emission reduction of ships and shore power facilities
Comparison of old and new provisions
2017 Marine Environmental Protection Law:
Article 13 The state strengthens science and technology to prevent and control marine environmental pollution damage research and development, and implement a phase-out system for backward production processes and equipment that seriously pollute the marine environment.
Enterprises should give priority to the use of clean energy and adopt clean production processes with high resource utilization and low pollutant emissions to prevent pollution of the marine environment.
2023 "Marine Environment Protection Law":
Article 22: The state strengthens the research and development of science and technology to prevent and control marine environmental pollution damage, Implement an elimination system for outdated production techniques and equipment that seriously pollute the marine environment.
Enterprises, institutions and other producers and operators should give priority to the use of clean, low-carbon energy and adopt clean production processes with high resource utilization and low pollutant emissions to prevent pollution of the marine environment.
Add new barSection:
Article 88
(1) The state advocates green, low-carbon and smart shipping, encourages ships to use new energy or clean energy, and eliminates Reduce emissions of greenhouse gases and atmospheric pollutants from old ships with high energy consumption and high emissions. Coastal local people's governments at or above the county level shall formulate plans for the construction and renovation of port shore power, ship power reception and other facilities, and organize their implementation. The power supply capacity of port shore power facilities should be adapted to the power needs of ships calling at the port.
(3) The State Council and coastal local people's governments at or above the county level shall provide subsidies in accordance with regulations for the transformation and use of port shore power facilities, ship power receiving facilities, clean energy or new energy powered ship construction, etc. support.
Punishment for violation:
Article 110 Anyone who violates the provisions of this law and commits any of the following acts shall be punished by the marine environment in accordance with the provisions of this law: The department or institution with supervisory authority shall order corrections and impose a fine:
(5) Port operators and shore power supply enterprises with shore power supply capabilities fail to provide shore power for use in accordance with national regulations. Ships that are qualified to use shore power are provided with shore power;
(6) Ships that are qualified to use shore power are docked at the port and do not use shore power in accordance with national regulations.
Anyone who commits any of the acts in Items 5 and 6 of the preceding paragraph shall be fined not less than RMB 10,000 but not more than RMB 100,000. If the circumstances are serious, he shall be fined not less than RMB 100,000 but not more than RMB 500,000. A fine of less than RMB 10,000.
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 clauses:
Article 88
(2) Ships shall take effective measures to improve energy efficiency levels in accordance with relevant national regulations. Ships that are qualified to use shore power when docking at the port shall use shore power in accordance with relevant national regulations, except for those using clean energy. Port operators and shore power supply enterprises with shore power supply capabilities shall provide shore power to ships that are qualified for the use of shore power in accordance with relevant national regulations.
Violation penalties:
Item 3 of Article 110 clarifies that if a ship takes measures to improve its energy efficiency and fails to meet relevant regulations, a fine of not less than RMB 10,000 but not more than RMB 100,000 will be imposed.
03
Emission control areas
< div> New clauses:
Article 92 The transportation department of the State Council may delimit ship pollutant emission control areas. Ships entering the control area shall comply with relevant control requirements for ship pollutant emissions.
Punishment for violation:
Article 110, item 4, clarifies that ships entering the control area that do not comply with relevant controls on ship pollutant emissions If required, a fine of not less than 30,000 yuan but not more than 300,000 yuan will be imposed.
3. Improve ship structure, anti-pollution equipment and equipment, certificates and documents, pollutant discharge and operation monitoring
01
Ship structure, anti-fouling equipment and equipment
Comparison of old and new provisions:
2017 Marine Environmental Protection Law:
Article 64 Vessels must be equipped with corresponding 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 marine environment caused by the goods carried.
2023 "Marine Environmental Protection Law":
Article 80
(1) Vessels shall Equipped with corresponding anti-fouling equipment and equipment.
(2) The structure of the ship and the anti-pollution equipment and equipment it is equipped with shall comply with the relevant national regulations on the prevention and control of pollution of the marine environment by ships, and shall pass the inspection.
02
Certificate documents
Comparison of old and new provisions:
2017 Marine Environment Protection Law:
Article 63 Vessels must hold certificates and documents for preventing marine environmental pollution in accordance with relevant regulations, and when conducting pollutant discharges and operations, they must truthfully record them.
2023 Marine Environmental Protection Law:
Article 80
(3) Ships shall Obtain and hold certificates and documents for the prevention and control of marine environmental pollution. When conducting discharges and operations involving ship pollutants, ballast water and sediments, they must monitor and supervise in accordance with relevant regulations, and truthfully record and preserve them.
03
Violation penalties
Article 110 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered to make corrections and fined by the department or institution exercising the power to supervise and manage the marine environment in accordance with the provisions of this Law:
( 2) The ship does not hold an anti-pollution certificate or anti-pollution document, or fails to monitor and monitor in accordance with regulations, and truthfully record and preserve the discharge and operation records of the ship's pollutants, ballast water and sediment;
For those who commit the second act of the preceding paragraph, the fine amount shall be increased from less than 20,000 yuan to less than 100,000 yuan.
IV. Strengthening the supervision of ships carrying polluting and hazardous goods
01 < /strong>
Declaration requirements for shipborne pollution-hazardous goods and bulk liquid transfer operations
Comparison of old and new terms:
2017 "Marine Environmental Protection Law":
Article 67 For a ship carrying goods with pollution hazards into or out of a port, its carrier, owner of the goods or agent, mustReport to the maritime administrative department in advance. Only after approval is obtained can entry and exit from the port, transit stop, or loading and unloading operations be allowed.
Article 70 Ships and related operating activities shall abide by relevant laws, regulations and standards, and take effective measures to prevent marine environmental pollution. Maritime administration departments and other relevant departments should strengthen the supervision and management of ships and related operating activities.
Vessels carrying out barge operations of bulk liquid pollution-hazardous cargo must report to the maritime administrative department for approval in advance in accordance with relevant regulations.
2023 "Marine Environmental Protection Law":
Article 83 For ships carrying pollution-hazardous goods to and from ports, their carriers, The owner or agent of the goods shall declare to the maritime administration agency in advance. Only after approval is obtained can entry and exit from the port or loading and unloading operations be carried out.
Article 89 Vessels and related operating activities shall abide by relevant laws, regulations and standards, and take effective measures to prevent marine environmental pollution. Maritime management agencies and others should strengthen the supervision and management of ships and related operating activities.
When ships carry out barge operations of bulk liquid pollution-hazardous goods, they shall prepare an operation plan, adopt effective safety and pollution prevention and control measures, and submit it for approval in advance in accordance with relevant regulations.
Punishment for violation:
Article 112 Anyone who violates the provisions of this law and commits any of the following acts shall be punished by exercising maritime law in accordance with the provisions of this law. The department or agency with environmental supervision and management authority shall order corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan:
(1) Vessels carrying goods with pollution hazards enter and exit the port without permission Or loading and unloading operations;
(2) When loading and unloading oil and toxic and hazardous goods, both the ship and the shore fail to comply with safety and anti-pollution operating procedures;
< div> (3) When a ship conducts barge operations of bulk liquid pollution-hazardous goods, it fails to prepare an operation plan or fails to submit it for approval in accordance with relevant regulations.
02
Requirements for goods with hazardous pollution
Comparison of old and new provisions:
2017 Marine Environmental Protection Law:
Article 68 Delivery order for ships carrying pollution-hazardous goods Certificates, packaging, markings, quantity restrictions, etc. must comply with the relevant regulations on the goods being loaded. Ships that need to carry goods with unknown pollution hazards must conduct an assessment in advance in accordance with relevant regulations. When loading and unloading oil and toxic and hazardous cargo, both the ship and the shore must comply with safety and anti-pollution operating procedures.
2023 "Marine Environmental Protection Law":
Article 84 If a ship is delivered to carry pollution-hazardous goods, the shipper shall The official name, pollution hazards and protective measures that should be taken should be truthfully informed to the carrier. The documents, packaging, markings, quantity restrictions, etc. of goods with hazardous pollution shall comply with the relevant regulations on the goods delivered.
If a ship needs to carry goods with unknown pollution hazards, it should be assessed in advance in accordance with relevant regulations.
When loading and unloading oil and toxic and hazardous goods, both the ship and the shore should abide by safety and anti-pollution operating procedures.
Punishment for violation:
Article 111 Anyone who violates the provisions of this law and commits any of the following acts shall be punished by exercising maritime law in accordance with the provisions of this law. The department or agency with environmental supervision and management authority shall order corrections and impose a fine:
(1) Refusal to report or falsely report declaration matters for ships carrying pollution-hazardous goods;
(2) The shipper fails to truthfully inform the carrier of the official name of the consigned goods with pollution hazards, the pollution hazards and the protective measures that should be taken;
(3) Consignment The documents, packaging, markings, and quantity limits of the contamination-hazardous goods delivered to the carrier do not comply with the relevant regulations for the goods delivered; Cargoes containing goods with pollution hazards or misrepresenting goods with pollution hazards as ordinary goods;
(5) Ships are required to carry goods with unknown pollution hazards, without prior assessment in accordance with relevant regulations of.
Whoever commits the first act of the preceding paragraph shall be fined not more than 50,000 yuan; whoever commits the second act of the preceding paragraph shall be fined not more than 50,000 yuan.A fine of not less than RMB 20,000 and not more than RMB 100,000 shall be imposed; whoever commits any of the acts in Item 3 or Item 5 of the preceding paragraph shall be fined not less than RMB 20,000 but not more than RMB 100,000; whoever has committed the act in Item 4 of the preceding paragraph shall be fined not less than RMB 200,000 but not more than RMB 100,000. A fine of less than 100,000 yuan.
5. Clarify the responsibilities of all relevant parties in the reception, transfer, treatment and disposal of pollutants
Comparison of the old and new terms:
2017 "Marine Environmental Protection Law":
Article 69 Ports, terminals, loading and unloading stations and ship repair yards must Sufficient receiving facilities for handling ship pollutants and wastes shall be prepared in accordance with relevant regulations and shall be kept in good condition. Ports, terminals, loading and unloading stations and ships that load and unload oil must prepare oil spill pollution emergency plans and be equipped with corresponding oil spill pollution emergency equipment and equipment.
2023 "Marine Environmental Protection Law":
Article 85 County level where ports, terminals, loading and unloading stations and ship repair, construction and dismantling units are located The above-mentioned local people's governments shall make overall plans and build facilities for the reception, transfer, treatment and disposal of ship pollutants, etc., and establish corresponding multi-department joint supervision systems for reception, transfer, treatment and disposal.
Coastal local people's governments at or above the county level are responsible for the supervision and management of pollution prevention and control in fishing ports and fishing vessel berths and surrounding areas in the sea areas under their management, standardizing the recycling and disposal of production and domestic sewage and fishery garbage, and promoting Construction of pollution prevention and control equipment and environmental cleanup and remediation.
Ports, docks, loading and unloading stations and ship repair and dismantling units shall be equipped with adequate receiving facilities for handling ship pollutants and waste in accordance with relevant regulations, so that the facilities are in good condition and Run effectively.
Ports, terminals, loading and unloading stations and ships that load and unload oil and other dangerous goods should prepare pollution emergency plans and be equipped with corresponding pollution emergency equipment and equipment.
New clauses:
Article 57: Coastal local people’s governments at or above the county level are responsible for the prevention and control of marine debris pollution in the sea areas under their management, and establish a marine Garbage monitoring and clean-up system, overall planning and construction of facilities for receiving, transferring, and processing marine garbage on land, clarifying the marine garbage control areas of relevant departments, towns, streets, enterprises and institutions, etc., and establishing marine garbage monitoring, interception, collection, salvage,Transport and treatment systems are organized and implemented, and effective measures are taken to encourage and support the public to participate in the above activities. The ecological environment, housing and urban-rural construction, development and reform departments of the State Council should strengthen supervision, guidance and guarantees for the prevention and control of marine debris pollution in accordance with the division of responsibilities.
The newly revised "Marine Environmental Protection Law" has updated and improved the management of pollution prevention and control from ships and related operating activities, and stipulated more stringent legal responsibilities for various illegal activities. It is hoped that relevant enterprises and seafarer friends will strengthen their study, understanding and compliance with the law, and enhance their awareness of ecological and environmental protection.
