No.1280
3 July 2024

To the Members
China – Administrative penalties frequently imposed by the maritime authorities

We have received information regarding the administrative penalties frequently imposed to ships, owners andresponsible crew members by local maritime authorities in China from the local correspondent, Oasis P&I Services
Company Limited.
Please note that in many ports in China, the operation of ships is being monitored by drones to crack down on
violations. We hope this news will help you avoid penalties and vessel delays by the maritime authorities.

Yours faithfully,
The Japan Ship Owners’ Mutual Protection & Indemnity Association

Attachment: Oasis Circular No. 2406

https://www.piclub.or.jp

Date: 21 June 2024
Oasis Circular No.: 2406
Subject: Administrative penalties frequently imposed by local maritime authorities
in China recently
We have seen an increasing number of administrative penalties that were imposedon ships, owners and the responsible crew members by local maritime authorities
due to violation of local laws, regulations or international conventions. In many ports,
drones have been used to monitor the operation of ships in the port area, and any
illegal activities will be recorded and investigated accordingly.
A summary of the most commonly seen penalties and possible range of penalty
amount is given below for your guidance only in the hope of helping our clients to becompliant and to avoid penalties and delays.

Illegally discharging domestic sewage, food waste or cargo residues into thesea.
Illegally discharging cargo residue due to ballast water overflow.

Penalty:a) A fine of between CNY10,000 and CNY1,000,000, depending on the type andamount of the waste that has been illegally discharged.
b) For violations that occurred before 01 Jan 2024, the old version of Marine
Environment Protection Law of P.R.C. is applicable and the amount of penalty
may be lower than the above.
Special note:a) Chinese authorities interpret the "nearest land" under MARPOL convention in
China to be the baseline of territorial sea published by the Chinese government,
instead of the physical nearest land. Therefore, the nearest distance permitted
for discharge of domestic sewage, food waste, cargo residue, wash water, and1 / 4

ballast water shall be calculated from the baselines of the territorial sea
published by the Chinese government.
b) The Bohai sea is surrounded by land on three sides, and faces the sea on one
side connecting Yellow sea through Bohai Straits. The Bohai Sea is the inland seaof China and the discharge of untreated domestic sewage, food waste, cargo
residue, and wash water is strictly prohibited there. We have seen frequentcases of administrative penalties in this respect.

Failure to truthfully record and preserve the discharge and operation of ship
pollutants.

Penalty:
A fine of not exceeding CNY100,000.

Failure to get approval from MSA in advance before discharging ballast water.

Penalty:
A fine of not exceeding CNY20,000.

Ships that are not equipped with domestic sewage storage tank discharge
treated domestic sewage into the river via the domestic sewage treatment
device whilst alongside in the Yangtze River

Penalty:
A fine of between CNY20,000 and CNY30,000.



Ships are flying the damaged and/or polluted flag of P.R.C.
Ships are flying the flag of P.R.C. with incorrect size.
Ships are flying the flag of P.R.C. upside down.

Penalty:a) A fine of between CNY20,000 and CNY200,000.
b) Relevant liable person: a fine of between CNY2,000 and CNY20,000 and may
subject to suspension or revocation of the certificates of competency as well.

Failure to display the signal flags properly.
2 / 4Penalty:a) A fine of between CNY20,000 and CNY200,000.
b) Relevant liable person: a fine of between CNY2,000 and CNY20,000 and may besubject to suspension or revocation of the certificates of competency as well.

Flag “B” is not displayed when ships are discharging dangerous goods.

Penalty:a) A fine of between CNY20,000 and CNY200,000.
b) Relevant liable person: a fine of between CNY2,000 and CNY20,000 and may
subject to suspension or revocation of the certificates of competency as well.

Ships are found emitting visible black smoke in waters along the Yangtze River.

Penalty:
A fine of between CNY1,000 and CNY50,000.

Failure to maintain safe speed, and/or failure to strengthen the lookout,
and/or failure to comply with the special navigation rules within the areas
when ships enter or leave ports, anchorages or pass through bridge waters,straits, narrow waterways, important fishery waters, areas with dense
concentrations of navigable ships, ship’s routing zones, traffic control zones.

Penalty:a) A fine of between CNY20,000 and CNY200,000.
b) Relevant liable person: a fine of between CNY2,000 and CNY20,000 and may
subject to suspension or revocation of the certificates of competency as well.

The above listed types of administrative penalty are not exhaustive, and it is worth
mentioning that ships may be subject to administrative penalties in the event of anavigation accident or oil spillage.

We hope the above is of assistance. If there is any query, please feel free to contact
us at oasis@oasispandi.com any time.
3 / 4Best regards,Oasis P&I Services Company Limited

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