China updates carriage of dangerous goods regulations

London P&I notes that China has amended its regulations on the safety supervision and management of ships carrying dangerous goods. The updated rules take effect on 1 March 2025 and replace the 2018 regulations.

Members and assureds with vessels carrying dangerous goods to and/or from Chinese ports should be aware that the Ministry of Transport in China has issued amended Regulations on the Safety Supervision and Management of Ships Carrying Dangerous Goods. The amended regulations come into force on 1 March 2025 and replace the existing 2018 rules.

Chinese law firm Hai Tong & Partners has provided an overview of the amendments, together with a link to the regulation on the Ministry of Transport website:

https://xxgk.mot.gov.cn/2020/jigou/fgs/202501/t20250120_4162806.html

Compared with the 2018 regulations, the 2024 regulations introduce the following key changes:

Shipper declaration requirements

Under Article 23, the shipper must provide the carrier with additional information when declaring dangerous goods. In addition to the type, quantity, hazardous nature, and emergency response measures for potential incidents, the declaration must also include the official name of the dangerous goods and the necessary protective measures to be implemented.

Administrative permits for dangerous goods transport and operations

Article 21 sets out detailed procedures for ships carrying dangerous goods to enter or leave ports.

Ships entering or leaving port must meet the following conditions:

• The dangerous goods carried must comply with the requirements for safe transportation on water.
• The loading of the ship must comply with the specifications of the certificates and documents held.
• The port, terminal, or berth where the ship intends to dock or carry out dangerous goods loading or unloading operations must have the operational qualifications required by relevant laws and administrative regulations.

The applicant must submit the following materials to the maritime authority 24 hours before the vessel enters or leaves port, or before departing the previous port if the voyage is less than 24 hours:

• Declaration form for the shipment of dangerous goods by vessel.
• Vessel fitness certificate for carrying dangerous goods.
• Relevant port operating licence and port dangerous goods handling permit, as required by applicable laws and administrative regulations, which the port, terminal, or berth must possess.

The declaration form for the shipment of dangerous goods by vessel is to be prescribed by the Maritime Safety Administration. It mainly includes the name and characteristics of the dangerous goods, their packaging, the vessel’s entry and departure times and duration of stay, and a declaration confirming that the dangerous goods comply with the requirements for safe transportation on water.

Decision time for periodic declarations

Article 22 reduces the time for the Maritime Safety Administration to decide on periodic declarations for ships carrying dangerous goods entering or leaving ports. The authority must now approve or reject the application within 5 working days, compared with 7 working days under the 2018 regulations.

Ship-to-ship transfer operations

Article 32 sets out the procedures vessels must follow when conducting ship-to-ship transfer operations for inland waterway dangerous goods or bulk liquid dangerous goods at sea outside port waters.

The following conditions must be met before ship-to-ship transfer operations can take place:

• The vessel or facility intended for the operation must meet the requirements for water traffic safety and the prevention of pollution to the water environment.
• The cargo intended for transfer must comply with the safety requirements for ship-to-ship operations.
• Personnel taking part in the operation must have the competency required by relevant laws and administrative regulations.
• The intended operational waters, seabed conditions, and surrounding environment must be suitable for the operation.
• The operation must not threaten water resources, nearby military installations, or significant civilian facilities.
• There must be an operation plan, safety assurance measures, and an emergency response plan that meet safety requirements.

The applicant must submit the following materials to the Maritime Safety Administration before operations begin:

• Application form for ship-to-ship transfer operations.
• Fitness certificate for the vessel or facility intended to conduct the operation.
• Safety data sheet for the dangerous goods intended for transfer.
• Documentation proving that participating personnel meet the required competency standards.
• Documentation showing that the operational waters, seabed conditions, and surrounding environment are suitable, and that the operation does not pose a threat to water resources, nearby military installations, or significant civilian facilities, including an overview of the waters, environmental conditions, and any operational restrictions.
• Ship-to-ship operation plan, including a list of equipment and materials required, information on auxiliary vessels, and inspection documents for equipment that must be inspected under the regulations.
• Safety assurance measures and an emergency response plan.

When complete and adequate application materials are received, the Maritime Safety Administration must decide whether to approve or reject the application within 24 hours for single-voyage operations, and within 5 working days for multiple-voyage operations in specific waters.

Administrative penalties

The 2024 regulations also clarify the basis for administrative penalties. For violations related to the transportation of dangerous chemicals, the 2024 regulations will no longer apply. Instead, penalties will be imposed under the Regulations on the Administration of Safety of Hazardous Chemicals.

London P&I advises assureds to take note of the amended regulations and act accordingly.