China: New regulations on dangerous goods starting March

The Ministry of Transport (MOT ) in China has released the newly amended “Regulation on the Safety Supervision and Management of Ships Carrying Dangerous Goods” (Regulation 2024), which will come into effect on March 1, 2025.

The Regulation (2024) will replace the “Regulation on the Safety Supervision and Management of Ships Carrying Dangerous Goods (2018)” (Regulation 2018). Chinese law firm, Hai Tong & Partners have provided the London P&I Club with an overview of the amended Regulations. Compared to the Regulation (2018), the Regulation（2024introduce the following key changes:

Regulatory improvement on the shipper’s obligation to declare dangerous goods

With respect to the declaration of dangerous goods, in addition to the type, quantity, hazardous nature, and emergency response measures for potential incidents, Article 23 of the Regulation (2024) requires the shipper to provide the carrier with additional information, including the official name of the dangerous goods and the necessary protective measures to be implemented.

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Improvement of administrative permits related to the transportation and operation of dangerous goods

Article 21 of the Regulation (2024) provides detailed procedures for ships carrying dangerous goods to enter or leave ports.

Ships entering or leaving the port shall meet the following conditions：

The dangerous goods being carried comply with the requirements for safe transportation on water.
The loading of the ship complies with the specifications of the certificates and documents held.
The port, terminal, or berth where the ship intends to dock or conduct dangerous goods loading/unloading operations possesses the operational qualifications for handling dangerous goods as stipulated by relevant laws and administrative regulations.

The applicant shall, 24 hours prior to the vessel’s entry into or departure from the port (or before departing the previous port if the voyage is less than 24 hours), submit the following materials to the maritime authority to complete the declaration procedures for the shipment of dangerous goods:

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

The format of the Declaration Form for the Shipment of Dangerous Goods by Vessel shall be prescribed by the MSA. It primarily includes the following details: the name and characteristics of the dangerous goods, their packaging, the vessel’s entry and departure times and duration of stay, as well as a declaration confirming that the dangerous goods comply with the requirements for safe transportation on water.

Regarding the feedback time for periodic declarations of ships carrying dangerous goods entering or leaving ports, Article 22 of the Regulation (2024) requires the MSA to make a decision to approve or reject the application within 5 working days (compared to the 7 working days stipulated in the Regulation(2018)).

Article 32 of the Regulation (2024) elaborates on the procedures that vessels must follow when conducting ship-to-ship (STS) transfer operations for inland waterway dangerous goods or bulk liquid dangerous goods at sea outside port waters. The following conditions shall be met to conduct the STS transfer operations:

The vessel or facility intending to conduct ship-to-ship (STS) transfer operations meets the requirements for water traffic safety and the prevention of pollution to the water environment.
The cargo intended for transfer complies with the safety requirements for STS operations.
Personnel participating in the STS operations possess the competency required by relevant laws and administrative regulations.
The intended operational waters, its seabed conditions, and surrounding environment are suitable for STS operations.
The STS operations do not pose a threat to water resources, nearby military installations, or significant civilian facilities.
There is an STS operation plan, safety assurance measures, and emergency response plan that meet safety requirements.

The applicant shall submit the following application materials to the MSA prior to the commencement of operations:

Application form for ship-to-ship (STS) transfer operations.
Fitness certificate for the vessel or facility intending to conduct STS operations.
Safety data sheet (SDS) for the dangerous goods intended for transfer.
Documentation proving that personnel participating in the STS operations possess the competency required by relevant laws and administrative regulations.
Documentation demonstrating that the intended operational waters, their seabed conditions, and surrounding environment are suitable for STS operations and that the operations do not pose a threat to water resources, nearby military installations, or significant civilian facilities, including an overview of the intended operational waters, environmental conditions, and any operational restrictions.
STS operation plan, including a list of equipment and materials required for the operations, information on auxiliary vessels, and inspection documents for equipment that must be inspected as per regulations.
Safety assurance measures and emergency response plan for the STS operations.

Upon receiving complete and adequate application materials, the MSA shall make a decision to approve or reject the application within 24 hours for vessels conducting single-voyage operations, and within 5 working days for vessels conducting multiple-voyage operations in specific waters.

Clarifying the basis for administrative penalties between hazardous chemicals and dangerous goods

For violations related to the transportation of dangerous chemicals, the Regulation (2024) will no longer apply, and instead, penalties will be imposed in accordance with the Regulations on the Administration of Safety of Hazardous Chemicals.