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Ambiguities were found in implementation of the Provisions for the Strengthening of Dispersion of Vessels and Cargos at Ports (hereinafter referred to the Provisions). In order to further strengthen dispersion of vessels and cargos at ports, the following supplementary provisions are hereby formulated with the consent of departments concerned: I. In order to maintain the solemnity of planning, the monthly transportation plan by the Ministry of Communications, the Ministry of Railways, and the Ministry of Foreign Economic Relations and Trade must strictly be carried out. It is required that transportation plans presented by various submitting organizations be in conformity with realities. A fine of RMB 0.5 Yuan per ton shall be imposed on those submitting organizations which fail to attain their plans during implementation process once such plans are, after being balanced, brought into line with the overall monthly transportation plan for the arrival of vessels and cargos. Those failing to attain their plans for sound objective reasons shall be exempted from fine penalties. II. The following are some matters regarding fine penalties contained in the Provisions: (1) For goods and materials arriving at ports in large quantity and all at a certain time (except seasonal commodities), should they exceed the average monthly level of the annual plan by 15%, the companies ordering such goods and materials shall be fined in accordance with the Provisions. (2) Owners of cargos shall be fined, in accordance with the Provisions, for delivering cargos at ports should such cargos be neither included nor supplementally added, pursuant to relative regulations, to the annual transportation plan. (3) Those failing to submit monthly plans according to relative regulations shall be treated as those excluded in the transportation plan, specified by the Provisions. Under this circumstance, shipping companies shall be fined in case vessels are dispatched by our side; or companies ordering the cargos be fined in case vessels sent by foreign side. III. For vessels included in the transportation plan calling at ports to be received and unloaded at two or more ports in a row, shipping agents at the previous port shall inform shipping agents at the next port of details such as the arrival of vessels at that port. Meanwhile, they shall also transmit the information to the port office, the harbor administration, and other organizations concerned at the next port. The China National Ocean Shipping Agent or the China National Foreign Trade Transportation Corporation shall circulate notice of criticism to their respective shipping agents should such agents fail to submit information in time. IV. The monthly plan concerning arrival of vessels and cargos balanced by the Ministry of Communications, the Ministry of Railways, and the Ministry of Foreign Economic Relations and Trade shall be issued exclusively by the Ministry of Communications and be copied to transportation bureaux under the Ministry of Railways and the Ministry of Foreign Economic Relations and Trade as well as to the Office of the Group in charge of Ports under the State Council. The various harbor administrations shall, upon receipt of the monthly plan issued by the Ministry of Communications, send copies of this such plan to local port offices, railway stations, and foreign trade companies. The local port offices shall take the copy of the transportation plan issued by the Ministry of Communications as bases in their supervision, inspection and imposition of fine penalties on those failing to transport according to the transportation plan. The monthly plan of the railways for loading and unloading cargo trains at ports shall still be implemented according to current methods. V. The monthly transportation plan is essential for the implementation of the annual transportation plan. Therefore, various ports, railways, owners of cargos (or agents) must take their respective responsibilities and perform their duty according to the monthly balanced plan. (1) Vessels included in the transportation plan shall not arrive at ports other than the month due. The Ministry of Communications shall inspect at a fixed interval and take whether there exist "vessels arriving at ports other than the month due" as one of the key factors in their examination and evaluation of ports. Should "vessels arriving at ports other than the month due" appear, the Ministry of Communications shall circulate a notice of criticism in case of ports' responsibility. The Ministry of Foreign Economic Relations and Trade shall circulate such a notice in case of responsibility on the part of foreign trade transportation corporations. (2) Efforts shall be made to ensure the accomplishment of the monthly railway transportation plan. The competent railway departments shall circulate a notice of criticism if the railways are held responsible for failing to fulfill this plan. (3) The railways shall, in principle, not disperse and transport goods and materials arriving at ports in violation of reasonable direction of cargo flows at specified ports except for limited amounts (for miscellaneous goods, not exceeding 500 tons; for goods and materials in large quantity, not exceeding 1, 000 tons). Special cases, if any, shall be subject to approval by the competent departments of the Ministry of Railways. Otherwise, economic losses shall be borne out by those held responsible. (4) It is a necessary means for various related organizations at ports to sign bilateral or multilateral economic agreements aimed at mobilizing enthusiasms of various organizations and expediting turnover of cargo trains, vessels and cargos. Therefore, various port offices shall enthusiastically organize this task. VI. In order to ensure the loading and unloading of vessels included in the transportation plan along wharf, the signing of dispatch agreements for temporary and single vessels shall strictly controlled. No dispatch agreements shall be signed for vessels excluded in the transportation plan. The various ports shall strictly enforce the Procedures for the Administration of Dispatch and Demurrage Applied to Foreign Trade Vessels Loaded and Unloaded at Chinese Ports promulgated by the Ministry of Communications. VII. The Provisions and provisions concerning fine penalties, contained in this Supplementary Provisions, are applicable to eight ports of Dalian, Qinhuangdao, Tianjin, Qingdao, Lianyungang, Shanghai, Huangpu, and Zhanjiang. VIII. This Supplementary Provisions shall be implemented as of July 1, 1986. |
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