AQSIQ Measures on Quarantine of Entry-Exit Yachts via Hainan

 
Hereby announced are the Administrative Measures On Quarantine Of Entry-Exit Yachts Via Hainan Province, which were adopted by the AQSIQ on April 23, 2013 and shall enter into force on August 1, 2013.


The General Administration of Quality Supervision, Inspection & Quarantine of China (AQSIQ)

June 5, 2013


Chapter 1 General Rules

Article 1 These Measures are formulated in accordance with the P. R. China's laws and regulations on territory health quarantine and entry-exit animal/plant quarantine and with the International Sanitary Regulations.

Article 2 These Measures are applicable to quarantine and supervision of the yachts that enter and exit via Hainan Province, China.

Article 3 The General Administration of Quality Supervision, Inspection & Quarantine (AQSIQ) is in charge of nationwide quarantine and supervision of entry-exit yachts.
The entry-exit inspection-quarantine agencies set in Hainan by the AQSIQ are in charge of the quarantine and supervision of entry-exit yachts in the Province.

Article 4 Hainan's quarantine of entry-exit yachts shall follow the principle of "first come, first served in simplified and efficient ways".

Chapter 2 Entry Quarantine

Article 5 Any entry yachts shall be quarantined at the first ports that they arrive at.

Article 6 The yacht owners or agents shall, before the arrival at China ports, declare the following items to the entry-exit inspection-quarantine agencies:

(1) Yacht's name, nationality, scheduled date and time of reaching the quarantine sites;
(2) Port of departure and port of final destination;
(3) The number and health of the persons on the yacht;
(4) Any animal, plant, their products and other articles to be declared for quarantine.

Article 7 The yacht owners or agents shall, 12 hours before the yachts reach the quarantine sites, notify the inspection-quarantine agencies of the definite date and time of arrival of the yachts.

Article 8 Where no epidemic occurs, the yacht owners or agents may apply to the inspection-quarantine agencies for telegraphic quarantine by submitting the Certificate of Vehicle Sanitation, and the Certificate of Vessel Exempt from Sanitary Control/the Certificate of Vessel Sanitary Control Measures.

Without submission of the certificates aforesaid, the inspection-quarantine agencies may temporarily conduct telegraphic quarantine but the yacht owners or agents shall apply for supplement of those certificates after the yachts reach the quarantine sites.

Article 9 In any of the following cases, the yacht owners and agents shall declare to the inspection-quarantine agencies for quarantine at quarantine anchorage or other designated places:

(1) The yacht is from epidemic area;
(2) The yacht is from animal/plant epidemic areas specified by the government;
(3) On the yacht, there is any infected or suspected infected passenger or any human death from unknown cause;
(4) On the yacht, there is any rodent animal in unnatural death.

Article 10 Except the telegraphic quarantine as applicable, berthing quarantine may be conducted by the inspection-quarantine agencies at an open wharf or anchorage.

Article 11 The yachts shall wait for inspection by hanging quarantine signs and after quarantine shall obtain the Quarantine Certificate for Entry Vessels.

Article 12 As regards the entry quarantine formalities, the yacht owners and agents shall submit the Form of Declaration for Quarantine of Entry-Exit Yachts, the Certificate of Vessel Exempt from Sanitary Control/the Certificate of Vessel Sanitary Control Measures, list of personnel, voyage records as required, and the Certificate of Vaccination for the personnel as required.

Article 13 The inspection-quarantine agencies shall conduct quarantine of any passenger/operator infected or suspectedly infected.

Article 14 In any of the following cases, the yacht shall be quarantined:

(1) Coming from infected areas;
(2) Contaminated by infected patients;
(3) Medical vectors are found beyond the national health standard;
(4) Any quarantine pests are found on the yacht.

Article 15 During the stay within China territory, the yacht personnel shall not arbitrarily bring any animal/plant and other quarantine objects out of the yacht without permission from the inspection-quarantine agencies.

Article 16 As regards any entry pet as dog or cat, the permitted quantity shall be limited to one per person-time, and valid quarantine and vaccination certificates shall be submitted; the pet shall be accompanied by chip or other valid identity.

Article 17 The pets from non-rabies area may be permitted to enter based on quarantine qualification; the pets from rabies area shall be isolated for 30 days for quarantine.

Article 18 In any of the following cases, the pets shall be prohibited from leaving the yacht:

(1) Without valid quarantine and vaccination certificates for the pets;
(2) Pet quantity exceeds limitation;
(3) Onsite pet quarantine proves unqualified.

Article 19 Where being qualified through quarantine, the entry yacht shall be provided with the Certificate for Quarantine of Entry Vessel by the inspection-quarantine agencies.

Chapter 3 Exit Quarantine

Article 20 The exiting yacht shall be declared to the inspection-quarantine agencies three hours before its exit. After the exit quarantine procedure is done, if the yacht cannot exit within 24 hours for any change in personnel or other circumstances, the quarantine formalities shall be rearranged.

Article 21 When undertaking the exit quarantine formalities, the yacht owner or agent shall submit the Form of Declaration for Quarantine of Entry-Exit Yachts, list of yacht personnel, and so on.

Article 22 Where being qualified through quarantine, the exiting yacht shall be provided with the Certificate for Sanitation of Exit Vessel by the inspection-quarantine agencies.

Chapter 4 Supervision

Article 23 After entry, in case of public health incident or abnormal human death, the yacht owner or agent shall timely declare to the inspection-quarantine agencies for temporary quarantine.

Article 24 During stay within China territory, any articles sealed by the inspection-quarantine agencies on the yachts shall not be unsealed without authorization.

Article 25 The inspection-quarantine agencies shall keep supervising the sanitary conditions of the yachts, e.g. by means of relevant instructions and opinions on quarantine.

Article 26 The inspection-quarantine agencies shall keep supervising the sanitary conditions of the special berthing waters or wharves of the yachts, yacht clubs, and so on.

Article 27 Where meeting the following conditions, the berthing waters or wharves may be used to conduct quarantine after permission by the inspection-quarantine agencies:

(1) Capable of managing and recycling wastes and rubbish from the yachts;
(2) Capable of pollution-free disposal of any waste and rubbish;
(3) Having inspection-quarantine facilities to meet quarantine requirements.

Article 28 During stay of the yachts within China territory, in case of any epidemic or public health incidents, the inspection-quarantine agencies shall immediately implement applicable emergency plans to control and deter such incidents.

Article 29 The inspection-quarantine agencies may set workstations at the yacht wharves and other sites for convenient services.

Chapter 5 Legal Liabilities

Article 30 In any of the following cases, the inspection-quarantine agencies may impose warnings or a penalty of RMB 100-5,000 (included):

(1) Before entry quarantine or after exit quarantine, the entry or exit yachts have change in personnel and goods without official authorization;
(2) The entry-exit yachts reject quarantine requirements or supervision;
(3) Sanitary or quarantine certificates are falsified or counterfeit;
(4) Concealing of any on-board articles that are banned from entry or infected with diseases;
(5) The entry of any quarantine objects is not compliant with approval formalities or regulations.

Article 31 As regards any violation as follows, the inspection-quarantine agencies may impose a penalty of between RMB 1,000 and RMB 10,000:

(1) Any entry-exit yacht without successful quarantine leaves a quarantine venue to evade its quarantine;
(2) Conceal of epidemic situation, or falsification of the situation;
(3) Discharge of ballast water or rubbish without prior quarantine;
(4) Removal of corpse or skeleton without prior quarantine.

Article 32 Where, without prior quarantine, removal of any infectious patient from the yacht causes the risk of wide infection, the inspection-quarantine agencies may impose a penalty of between RMB 5,000 and RMB 30,000.

Article 33 As regards any violation as follows, the inspection-quarantine agencies may impose a penalty of between RMB 3,000 and RMB 30,000:

(1) Without relevant permission, discharge of any animal/plant or other quarantine objects from the yacht or transport thereof;
(2) Without relevant permission, transfer or disposal of any quarantined animal/plant from designated quarantine venue;
(3) Without relevant permission, open or damage of any inspection-quarantine seal or mark;
(4) Without relevant permission, discard of animal corpse, excrement, bedding or other wastes from the yacht;
(5) Any person from the yacht lands with any pet without official quarantine certificate or infected with epidemic disease.

Article 34 Where any person with the yacht fails to declare the required items or makes untrue declaration, the inspection-quarantine agencies may impose relevant warnings or a penalty of NOT more than RMB 5,000.

Article 35 Any refusal or hindrance from the yacht to the public duties of the inspection-quarantine agencies shall be subjected to governing law-enforcement authorities.

Article 36 Any person penalized by the inspection-quarantine agencies shall fulfill the penalty decision before his exit; the inspection-quarantine agencies may onsite collect the penalty based on issue of receipt note to the penalized person.

Article 37 The inspection-quarantine agencies and their staff shall conduct by law and any misconduct or dereliction thereof shall be subjected to legal liability.

Chapter 6 Supplementary Provisions

Article 38 The "yacht" herein refers only to the vessels mechanically propelled and designed for touring and entertainment.
The yacht personnel herein include the yacht operators and passengers on the yacht.
The yacht club herein refers to the organization providing services for yacht berthing, safekeeping and using.

Article 39 Based on AQSIQ approval, other provinces/regions may quarantine the entry-exit yachts by referring to these Measures.

Article 40 These Measures shall be construed by the AQSIQ hereto.

Article 41 These Measures shall enter into force on August 1, 2013.