Clarifying the Administration of Port Operations
The operation of ports has recently been changed by new legislation. A look into its effect on the industry of port operations.
By Wang Jing and Chen Xin, Wang Jing & Co. Law Firm
在具备条件的地区，开展较高电压等级或较大用电量的电力用户(以下简称大用户)向发电企业直接购电的试点，是深化电力体制改革的重要内容。为保证试点工作规范、有序进行，根据《国务院关于印发电力体制改革方案的通知》(国发[2002]5号)的要求和国务院电力体制改革工作小组第六次会议的精神，制定本暂行办法。
The PRC Ports Law (the Ports Law) was adopted at the Third Meeting of the Standing Committee of the 10th National People's Congress on June 28 2003, and came into effect on January 1 2004. The law formulates port development policies and regulations that cover administration and operations, but does not deal with all of the necessary issues in sufficient detail because it is a national level law that aims to draft broad outlines for the industry. Certain provisions are stated as general principles, and have little practicability. As such, the government has also issued the Administration of Port Operations Provisions (hereinafter referred to as the Provisions) as complementary regulations that aim to strengthen the implementation of the Ports Law. The Provisions entered into force as of June 1 2004.
一、 试点的指导思想、目的和原则
The Provisions elaborate on market entry conditions, administration of port operations, supervision and inspection, and the punishment of illegal acts in port operations. For the first time, such activities have been standardized under law.
(1) 开展大用户(含独立核算的配电企业，下同)向发电企业直接购电试点的指导思想是：从我国电力工业实际出发，借鉴国外有益经验，遵循电力工业发展规律，保障电网安全稳定运行，以公平开放电网为基础，以确定合理的输配电价为核心，以供需直接见面为主要特征，积极培育市场主体，促进科学合理电价机制的形成，逐步构建政府监管下的政企分开、公平竞争、开放有序、健康发展的电力市场体系。
Port Operations
大用户向发电企业直接购电，是一项复杂的系统工程，必须通过试点积累经验，创造条件，积极稳妥地推进。
Article 3 of the Provisions stipulates that port operations refer to the activities of port operators' providing vessels, passengers and goods with port facilities or services within the port area, mainly including the following items: providing vessels with terminals, barging anchorages, buoys and other facilities; providing passengers with facilities and services for waiting as well as embarking on board or disembarking from vessels; providing the entrusting party with cargo stevedoring (including lightering), storage, lightering within the port, stacking of containers, stuffing and un-stuffing of containers as well as simple processing of goods and their packing; providing services such as towing vessels for entry into and exit from ports, getting alongside and departure from terminals, and shifting; providing the entrusting party with port tallying services, such as counting the quantity and examining the external conditions of the goods during their handover; providing vessels with shore electricity, fuel, daily necessities, picking up and sending seamen, providing services such as collection of waste, treatment of ballast water (including collection of residual oil and wastewater), and supply of oil containment boom; and engaging in lease and maintenance of port facilities, equipment and port machines.
(2) 开展大用户向发电企业直接购电试点工作，要达到下列目的：
Port Market Entry Conditions and Relevant Procedures
- 优化电力资源配置，提高资源利用效率，促进电力发展；
The applicant shall satisfy certain requirements and submit a written application to the port administrative authority together with relevant documents and materials. The port administrative authority shall, within 30 working days upon receipt of the application, decide on approval or rejection. Upon approval, either the port administrative authority or, under certain conditions, the Ministry of Communications shall issue the applicant a business licence
- 在发电和售电侧引入竞争机制，促进企业降低成本，提高效率，提高国民经济整体竞争力；
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