Directions for the Application for Passage by Foreign Vessels Transporting Hazardous Substances Through the Seas of the R.O.C.

1. The application for innocent passage by foreign vessels transporting hazardous substances through the territorial sea of the Republic of China as designated in Article 13, Paragraph 1 of the Regulations Governing Innocent Passage of Foreign Vessels through the Territorial Sea of the Republic of China shall be carried out pursuant to these Directions.

2. Those foreign vessels transporting hazardous substances that comply with Article 7 of the Law on the Territorial Sea and the Contiguous Zone of the Republic of China by conducting an innocent, continuous and expeditious passage through the territorial sea of the Republic of China shall apply to the Environmental Protection Administration, the Republic of China ten days prior to the arrival of the foreign vessel to the territorial sea of the Republic of China and may only pass after obtaining approval.

3. Hazardous substances as referred to in these Directions, except for radioactive material, shall be classified into the following eight categories in accordance with the International Maritime Dangerous Goods Code (IMDG Code):

   1. Explosive materials

   2. Gases

   3. Flammable liquids

   4. Flammable solids

   5. Oxidizing substances and organic peroxides

   6. Toxic and infectious substances

   7. Corrosives

   8. Miscellaneous dangerous substances

   The detailed explanations of the hazardous substances that are categorized in accordance with the IMDG Code in each subparagraph in the foregoing paragraph shall be as in Appendix 1.

4. The Environmental Protection Administration shall verify that information supplied by applicant foreign vessels include the following documentation as designated in Article 13 of the Regulations Governing the Innocent Passage of Foreign Vessels through the Territorial Sea of the Republic of China:

   1. Dangerous Goods Declaration (as per Appendix 2);

   2. Cargo manifest or stowage plan;

   3. Intended route information;

   4. Nationality documents;

   5. Certificate of Registry;

   6. Protection and indemnity P&I insurance policy;

   7. Port clearances;

   8. Consignment documentary proof;

   9. Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or other documentation having equal effectiveness;

   10. Other relevant documentation.

5. The relevant requirements for the packaging, marking, stowage, segregation, ventilation, heat insulation, condensation and temperature control of hazardous substances shall comply with the regulations in the IMDG Code and the Regulations for the Loading of Dangerous Goods onto Vessels.

6. Those applications for which documentation is not in compliance with the regulations or is incomplete or illegible shall not be accepted. The Environmental Protection Administration shall complete application review within three days after accepting an application. When necessary, an application review may be extended. However, extensions shall be limited to one time. The coastguard and other relevant competent authorities shall be notified of the result of application reviews.