Chapter IGeneral Provisions
Article 1 To strengthen the supervision and administration of refined oil, standardize the operation and use of refined oil, promote the healthy development of the refined oil industry, protect the atmospheric environment and improve air quality, these Regulations are formulated in accordance with the foundational principles specified in relevant laws and administrative regulations and in light of the specific circumstances in Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to the supervision and administration of the operation and use of refined oil within Shenzhen Special Economic Zone.
Refined oilas mentioned in these Regulations refers to gasoline, kerosene, diesel oil and other alternative fuels such as alcoholic gasoline and biodiesel that are used for the same purposes.
Article 3 Whoever supervises or administers refined oil shall combine industry and territorial management policies, and prioritize quality, safety and environmental protection. A working mechanism featuring government leadership, coordinated supervision by different authorities, lawful operations of enterprises, and public participation in supervision shall be established, so as to supervise and administer the operation and use of refined oil.
Article 4 Shenzhen Municipal People’s Government shall strengthen its leadership in the supervision and administration of refined oil and establish a cross-departmental mechanism for joint supervision, so as to timely and holistically address major issues relevant to the supervision and administration of refined oil.
District people’s governments (including administrative committees of new areas) shall administer refined oil within their jurisdiction, enhance their capacities to supervise refined oil, formulate a sound mechanism for joint prevention and control of illegal refined oil, allocate law enforcement resources in a coordinated manner, and organize supervision and administration activities.
Article 5 The municipal development and reform authority shall administer the refined oil industry holistically, draft relevant policy documents, build an intelligent monitoring and information platform for refined oil within the municipality, and address issues relevant to the supervision and administration of refined oil in a coordinated manner.
The municipal commerce authority shall establish a distribution system for refined oil, grant retail licenses to refined oil operators in accordance with the law, guide and supervise refined oil operators in the establishment and implementation of the purchase and sales ledger system, establish an emergency supply mechanism, and ensure comprehensive supervision and administration.
The municipal market regulation authority shall supervise the quality and measurement of refined oil, and investigate and punish those who illegally manufacture or deal in refined oil according to the law.
The municipal transport and emergency management authorities shall, within the scope of their duties, ensure safe refined oil operations inside and outside Shenzhen Port, and investigate and punish those who violate safety regulations according to the law.
The municipal ecology and environment authority shall supervise the prevention and control of volatile organic compounds generated during the operation and use of refined oil.
The authorities of industry and information technology, public security, marine development and fishery, housing and construction, water, urban management and law enforcement, meteorology, tax service, customs, maritime affairs and coast guard shall supervise and administer refined oil within their respective duties.
Article 6 The municipal development and reform authority shall optimize and adjust the energy and consumption structures, encourage the application of clean energy, and gradually reduce the proportion of refined oil in the energy consumption structure of this municipality.
The municipal commerce and market regulation authorities shall strive to improve the quality of refined oil in this municipality in accordance with national standards for refined oil.
The municipal authorities of transport, marine development and fishery and maritime affairs shall gradually push forward vessel power transformation and fuel upgrade, encourage the application of clean energy and shore power on vessels, and guide the low-carbon development of vessel fuel.
Article 7 It is encouraged to develop industrial self-discipline norms, conventions and professional ethics codes in industry associations and chambers of commerce for refined oil.
It is encouraged to involve industry associations and chambers of commerce for refined oil in the formulation of relevant national and local standards, policies, regulations and development plans for refined oil.
Chapter II Administration of the Operation of Refined Oil
Article 8 The refined oil operator shall strictly adhere to laws, regulations and mandatory standards regarding product quality, production safety and ecological and environmental protection.
Article 9 The requirements and procedures for granting retail licenses to refined oil operators shall be subject to relevant national and provincial regulations.
The floating fuel station shall comply with relevant regulations on vessels, water and port safety as well as pollution prevention and control, hold licenses and pass the inspection for acceptance according to the law.
Article 10 The refined oil operator shall purchase refined oil that conforms to national and local standards according to the law.
The refined oil operator shall establish and implement the inspection and acceptance mechanism for refined oil, and check the supplier’s qualifications and the quality certificates and labels of refined oil. The refined oil operator shall also test the quality of refined oil that has been purchased and warehoused according to relevant requirements.
Article 11 The refined oil operator shall establish a ledger management system for the purchase, operation, output, input, transportation and quality inspection of refined oil, truthfully record the source, destination and inspection data of refined oil, and keep vouchers and records about its sources and destinations, inspection reports, inspection records and transportation records. The management ledger shall be uploaded on to the intelligent monitoring information platform for refined oil of this municipality in real time. Relevant vouchers and reports shall be kept for not less than three years.
Article 12 The oil storage depot, gas station and tank truck shall meet relevant regulations and technical specifications, and shall be equipped with oil and gas recovery devices and online monitoring systems that are networked with the systems of relevant authorities and maintain normal operation.
The gas station shall unload gas in a closed manner during the whole process and film the whole process.
It is encouraged to offer discounts for staggered refueling at the gas station, so as to stimulate staggered refueling at night and reduce emissions from oil and gas activities.
Article 13 The gas station shall install and use the intelligent tax control system that is networked with the system of the tax service authority in accordance with relevant regulations and cooperate in system upgrade and maintenance.
Article 14 No one shall conduct any of the following acts:
(1) Using the tank, box or another device or facility to store refined oil without authorization;
(2) Illegally processing or blending refined oil with another material;
(3) Transporting refined oil without an administrative license;
(4) Retailing refined oil without the permission of the municipal commerce authority;
(5) Dealing in refined oil that does not meet the product quality standard or the mandatory environmental protection standard;
(6) Dealing in refined oil from an illegal source;
(7) Wholesaling or retailing adulterated, counterfeit or shoddy refined oil or refined oil with insufficient weight;
(8) Providing a shelter for the illegal operation or use of refined oil;
(9) Other illegal acts in dealing in refined oil that are prohibited by laws and regulations.
Chapter III Administration of the Use of Refined Oil
Article 15 The construction site, industrial enterprise or whoever uses the skid-mounted refueling device may sign a written agreement with the refined oil retailer that has passed the annual inspection by the municipal commerce authority and accept direct delivery of refined oil.
Skid-mounted refueling devices as mentioned in these Regulations refer to the ground refueling system which is only used by enterprises or used at temporary or specific sites, and integrates fire-proof and explosion-proof oil storage tanks, refueling machines and automatic fire extinguishing devices and accessories in a steel skid.
Article 16 Under any of the following circumstances, the refined oil user shall establish a management and use ledger for refined oil, truthfully record information such as the source and use of refined oil, and upload such information to the municipal intelligent monitoring information platform for refined oil in real time:
(1) Using refined oil directly delivered by refined oil retailers;
(2) Using skid-mounted refueling devices;
(3) Using refined oil at the construction site or on the fishing boat or commercial vehicle;
(4) Installing or using the refined oil storage device or facility for an engineering construction project such as housing construction or municipal infrastructure.
Article 17 Under any of the following circumstances, after inspection and acceptance according to the law, the skid-mounted refueling device that meets relevant mandatory national regulations may be installed or used:
(1) It is indeed challenging to fill motor vehicles (vessels) with refined oil;
(2) It is necessary to use refined oil for industrial production at the construction site or in the industrial area;
(3) It is necessary to use refined oil under any special circumstance, such as rescue, disaster relief and major emergency response.
Whoever installs the skid-mounted refueling device in accordance with the third item of the proceeding paragraph shall dismantle the skid-mounted refueling device immediately after the special circumstance ends.
Article 18 Refined oil directly delivered by the refined oil retailer and filled by the skid-mounted refueling device can only be used on a specific vehicle, machine or equipment at the construction site or inside the enterprise.
Article 19 Whoever needs to install or use the storage device or facility for refined oil due to housing construction, municipal infrastructure or another engineering construction project shall follow the review and approval procedures in accordance with relevant regulations, meet relevant technical specifications, and report to the local commerce authority for filing. If the storage device or facility for refined oil is no longer used due to the completion of the engineering or construction project or another reason, he shall dismantle such storage device or facility in time and report to the filing authority.
Article 20 The road transport operator shall establish an internal supervision and management system for automobile refined oil, ensure effective management, and keep fuel receipts for further inspection. Refined oil from an illegal source shall not be bought or used.
Article 21 The vessel that sails, berths or operates in the waters within the jurisdiction of this municipality shall use refined oil or other fuel oil for vessels that meets relevant regulations and standards, and keep documents about the use of fuel oil for further inspection, such as conversion records, supply and acceptance receipts, record books and engineers’ logbooks, in accordance with relevant requirements.
Chapter IV Supervision and Administration Measures
Article 22 The municipal development and reform authority shall organize the establishment of a municipal intelligent monitoring and information platform for refined oil by the authorities of commerce, market regulation, housing and construction, emergency management, and government services and data management to collect relevant information including the source, storage, use, destination, quality inspection data, transportation receipts of refined oil as well as the use and management records of refined oil for non-road mobile machinery based on the municipal big data center, thus realizing whole-process traceability of refined oil.
Article 23 The municipal authorities of market regulation, marine development and fishery, and maritime affairs shall, in accordance with their respective duties, conduct spot checks on the quality of refined oil, regularly publish the results, and investigate and punish those who sell or use refined oil that does not meet national standards according to the law.
Article 24 The municipal commerce authority shall regularly organize the annual inspection of refined oil retailers every year, upload the list of refined oil operators that have been granted retail licenses for refined oil and such information as the alteration, revocation, cancellation and annual inspection on to the municipal intelligent monitoring and information platform for refined oil in real time and publish them to the public.
Article 25 The municipal emergency management authority shall ensure the safety of skid-mounted refueling device used under a special circumstance, such as rescue, disaster relief and major emergency response, prevent its illegal operation or use, and urge its dismantlement after such special circumstance ends.
Article 26 Subdistrict offices shall carry out daily inspections on those places where storage devices or facilities for refined oil or skid-mounted refueling devices are used and other key places within their jurisdiction, and timely inform the authority responsible for the supervision and administration of refined oil of relevant information.
Article 27 In violation of these Regulations, under any of the following circumstances, the authority responsible for the supervision and administration of refined oil may seal up or detain relevant refined oil, raw material, facility, device or site according to the law:
(1) Illegally producing, selling or transporting refined oil;
(2) Using refined oil or raw material that is from an illegal source or does not meet relevant regulations or standards;
(3) Installing or using the tank, box or another device or facility to store refined oil without authorization;
(4) Installing or using the skid-mounted refueling device without authorization;
(5) Other circumstances stipulated by laws or regulations.
The municipal market regulation authority shall, in conjunction with the authorities of commerce, public security, emergency management, transport and ecology and environment, establish a mechanism for joint seize-up and impoundment. The municipal commerce authority shall make a list of those who are qualified to store refined oil, raw materials, related devices and facilities. The traffic police of the municipal public security authority shall arrange for places for impounded vehicles. The municipal emergency management authority shall assist in the dismantlement and storage of related devices or facilities. Whoever is qualified to store refined oil, raw materials, related devices and facilities and whoever administers the places for impounded vehicles are stored shall cooperate with relevant authorities in law enforcement.
Sealed-up or impounded refined oil that is subject to risks of leakage, combustion, explosion or another accident or easily deteriorates in a short time may be auctioned or sold off lawfully with the approval of the principal person in charge of the authority that seals up or impounds the refined oil after evidence is retained.
Article 28 Relevant authorities shall, in accordance with relevant regulations, upload the information about illegal acts involving refined oil on to the public credit information system of this municipality.
Relevant authorities shall pay special attention to defaulting refined oil operators and jointly punish such operators according to the law.
Article 29 Whoever discovers illegal operation or use of refined oil shall have the right to report relevant information to relevant authorities.
The operator or manager of a construction site, logistics park, industrial park, port, pier, parking lot or idle factory shall supervise the site, building, vehicle and equipment within the scope of his business and management, immediately report to the local subdistrict office or relevant authorities if he discovers illegal operation or use of refined oil, and cooperate with relevant authorities in investigation, correction and law enforcement.
Relevant authorities shall promptly investigate and verify complaints and reports in accordance with the law, and keep informants’ information confidential. When necessary, they can request the public security authority to protect informants.
Chapter VLegal Liabilities
Article 30 In violation of the first paragraph of Article 10 of these Regulations, any refined oil operator that buys refined oil that does not meet national or local quality standards shall have the refined oil confiscated by the market regulation authority, be fined not less than the value of the refined oil but not more than three times of the value of the refined oil, and have illegal gains confiscated.
In violation of the second paragraph of Article 10 of these Regulations, whoever fails to establish an inspection and acceptance system or inspect the quality of refined oil in accordance with relevant regulations shall be ordered by the market regulation authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 31 In violation of Article 11 or 16 of these Regulations, whoever fails to establish a ledger and management system, record and manage ledgers according to relevant regulations or upload ledgers on to the intelligent monitoring and information platform for refined oil in accordance with relevant regulations shall be ordered by the market regulation authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 32 In violation of the first paragraph of Article 12 of these Regulations, whoever fails to install the oil and gas recovery device or the online monitoring system at the oil storage depot, gas station or on the oil tank truck in accordance with relevant regulations, or fails to network or maintain the normal use of the oil and gas recovery device or online monitoring system shall be ordered by the ecology and environment authority to make corrections and fined not less than 20,000 yuan but not more than 200,000 yuan. Whoever refuses to make corrections shall be ordered to stop production for corrections.
In violation of the second paragraph of Article 12 of these Regulations, whoever fails to unload gas at the gas station in a closed manner during the whole process or fails to film the whole unloading process shall be ordered by the ecology and environment authority to make corrections within a time limit. Whoever fails to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan.
Article 33 In violation of Article 13 of these Regulations, whoever fails to install or use the intelligent tax control system at the gas station in accordance with relevant regulations shall be punished by the tax service authority in accordance with relevant regulations on tax collection and administration.
Article 34 In violation of the item (1) or (2) of Article 14 of these Regulations, whoever installs or uses the tank, container or another device or facility to store refined oil without authorization, or illegally processes or blends refined oil with another material shall be ordered by the market regulation authority to make corrections and fined not less than 50,000 yuan but not more than 200,000 yuan.
In violation of item (3) of Article 14 of these Regulations, whoever transports refined oil without an administrative license shall be punished by the transport authority in accordance with relevant regulations on transporting dangerous goods.
Whoever violates the item (4) of Article 14 of these Regulations shall be ordered by the market regulation authority to make corrections, have illegal gains confiscated, and be fined not less than 10,000 yuan but not more than 100,000 yuan. Whoever refuses to make corrections shall be fined not less than 100,000 yuan but not more than 200,000 yuan.
Whoever violates the item (5)(6) or (7) of Article 14 of these Regulations shall be ordered by the market regulation authority to make corrections, fined not less than 50% but not more than three times of the value of the refined oil, and have illegal gains confiscated concurrently. If the circumstances are serious, the business license shall be revoked according to the law.
In violation of the item (8) of Article 14 of these Regulations, whoever provides a shelter for the illegal operation or use of refined oil shall be ordered by the market regulation authority to make corrections and fined not less than 10,000 yuan but not more than 50,000 yuan. If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed.
Article 35 In violation of Article 17 of these Regulations, whoever installs or uses the skid-mounted refueling device without authorization shall be ordered by the market regulation authority to make corrections and fined not less than 50,000 yuan but not more than 200,000 yuan.
Article 36 In violation of Article 18 of these Regulations, whoever resells or gives away refined oil directly delivered by a refined oil retailer or refined oil filled by a skid-mounted refueling device for the purpose of illegal gains shall be ordered by the market regulation authority to make corrections, fined not less than one time but not more than three times of the value of the refined oil, and have illegal gains confiscated concurrently. If the circumstances are serious, the business license shall be revoked.
Article 37 In violation of Article 19 of these Regulations, whoever installs or uses the storage device or facility for refined oil due to housing construction, municipal infrastructure or another engineering construction project but fails to follow the review and approval or filing procedures in accordance with relevant regulations shall be ordered by the authority responsible for supervising production safety to make corrections and fined not less than 50,000 yuan but not more than 200,000 yuan.
Article 38 In violation of Article 21 of these Regulations, whoever uses refined oil or other fuel oil for vessels that does not meet relevant regulations or standards on the fishing vessel shall be ordered by the marine law enforcement authority to make corrections and fined not less than 10,000 yuan but not more than 100,000 yuan.
Whoever uses refined oil or other fuel oil for vessels that does not meet relevant regulations or standards on any vessel other than a special vessel as otherwise provided for by laws or regulations shall be ordered by the maritime affairs authority to make corrections and fined not less than 10,000 yuan but not more than 100,000 yuan.
Whoever fails to keep documents about the use of fuel oil such as supply and acceptance receipts and record books as required shall be ordered by the maritime affairs authority to make corrections and fined not less than 2,000 yuan but not more than 20,000 yuan. Whoever fails to keep conversion records as required shall be ordered by the maritime affairs authority to make corrections.
Chapter VISupplementary Provisions
Article 39 These Regulations shall come into force on September 1, 2023.
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