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Measures for the implementation of civil liability insurance for oil pollution damage from ships in People's Republic of China (PRC)
Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on the Protection of Marine Environment, the Maritime Law of People's Republic of China (PRC), the Regulations of People's Republic of China (PRC) on the Prevention and Control of Marine Environment Pollution from Ships and other relevant international treaties concluded or acceded to by China in order to improve the compensation mechanism for damage caused by ship pollution accidents and establish a civil liability insurance system for oil pollution damage from ships. Article 2 The owners of ships with a gross tonnage of more than 65,438 tons carrying oil substances and ships carrying non-oil substances sailing in the waters under the jurisdiction of People's Republic of China (PRC) shall apply for civil liability insurance for oil pollution damage of ships or obtain corresponding financial guarantees in accordance with the provisions of these Measures.

Commercial insurance institutions and mutual insurance institutions undertaking civil liability insurance for oil pollution damage from ships shall abide by these measures. Article 3 The transportation department in the State Council shall be responsible for the unified management of civil liability insurance for oil pollution damage of ships nationwide.

The national maritime administrative agency is responsible for organizing the implementation of the national civil liability insurance for oil pollution damage from ships.

The maritime administrative agencies at all levels along the coast shall be responsible for the specific implementation of civil liability insurance for oil pollution damage from ships according to their respective responsibilities. Chapter II Civil Liability Insurance for Ships and Limitation of Compensation for Oil Pollution Damage Article 4 Ships sailing in the waters under the jurisdiction of People's Republic of China (PRC) shall apply for civil liability insurance for oil pollution damage or obtain other financial guarantees in accordance with the following provisions:

(1) Ships carrying persistent oil substances in bulk shall be insured with civil liability insurance for oil pollution damage, and the subject matter of insurance shall include pollution damage caused by persistent oil substances;

(2) Ships with a gross tonnage of 65,438+0,000 tons or more carrying non-persistent oil substances shall be insured with civil liability insurance for oil pollution damage, and the subject matter of insurance shall include pollution damage caused by non-persistent oil substances and pollution damage caused by fuel oil;

(3) 1000 Ships carrying non-oil substances with gross tonnage or more shall be insured with civil liability insurance for oil pollution damage, and the subject matter of insurance shall include pollution damage caused by fuel oil;

(4) 1000 ships carrying non-persistent oil substances below gross tonnage shall be insured with civil liability insurance for oil pollution damage, and the subject matter of insurance shall include pollution damage caused by non-persistent oil substances. Article 5 Vessels carrying bulk persistent oil substances sailing in the waters under the jurisdiction of People's Republic of China (PRC) shall apply for civil liability insurance for oil pollution damage or obtain other financial guarantees, and the limit shall not be less than the following limits:

(1) SDR 45 1 0,000 for ships with a gross tonnage of less than 5,000;

(2) For ships with a gross tonnage of more than 5,000 tons, in addition to the amount specified in the preceding paragraph, 63 1 SDR will be increased for each additional ton, but in any case, the total amount shall not exceed 89.77 million SDR. Article 6 Ships carrying non-persistent oil substances and ships with a gross tonnage of 65,438+0,000 tons carrying non-oil substances sailing in the waters under the jurisdiction of People's Republic of China (PRC) shall apply for civil liability insurance for oil pollution damage or obtain other financial guarantees, and the limits shall not be lower than the following limits:

(a) 27,500 special drawing rights for ships with a gross tonnage of more than a)20 and a gross tonnage of less than 265,438+0;

(2) For ships of 2 1 gross tonnage and 300 gross tonnage, in addition to the amount specified in item (1), for each additional ton, 500 special drawing rights will be increased;

(3) 167000 special drawing rights for ships of 300 gross tonnage to 500 gross tonnage;

(4) For ships of 50 1 gross tonnage to 30,000 gross tonnage, in addition to the amount specified in item (3), the SDR will be increased by167 for each additional ton;

(5) For ships of 3000 1 gross tonnage to 70000 gross tonnage, the SDR will be increased by125 for each additional ton in addition to the amount specified in item (4);

(6) For ships with a gross tonnage of 7000 1 or above, in addition to the amount specified in item (5), for each additional ton, 83 special drawing rights will be increased. Article 7 Ships engaged in cargo transportation between ports in People's Republic of China (PRC) or coastal operations shall be insured with civil liability insurance for oil pollution damage or obtain other financial guarantees, and the amount shall be calculated according to 50% of the amount stipulated in Article 6. Chapter III Civil Liability Insurance Institutions for Ship Oil Pollution Damage Article 8 A ship registered in China shall take out civil liability insurance for ship oil pollution damage with an insurance institution determined and published by the State Maritime Administration, or obtain other financial guarantees such as letters of guarantee, letters of credit and other financial institutions issued by insurance institutions and domestic banks determined and published by the State Maritime Administration. Article 9 A mutual insurance institution that underwrites civil liability insurance for oil pollution damage of ships of China nationality shall meet the following conditions:

(a) registered in China or having a representative office or agency in China;

(2) The net capital of the previous year exceeded US$ 6,543.8 billion or US$ 3 per ton;

(3) The insurance clauses comply with the laws, administrative regulations and rules of China and the relevant provisions of international treaties ratified or acceded to by China. Article 10 A commercial insurance institution undertaking civil liability insurance for oil pollution damage of ships of China nationality shall meet the following conditions:

(1) It was established with the approval of the State Council Insurance Regulatory Authority according to law, obtained the insurance business license, registered with the administrative department for industry and commerce, and obtained the business license;

(2) Its net assets in the previous year exceeded 700 million yuan;

(3) The solvency of the previous year exceeded100%;

(4) The insurance clauses comply with the laws, administrative regulations and rules of China and the relevant provisions of international treaties ratified or acceded to by China.